HomeMy WebLinkAbout02-15-22 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.Authorize Absence
D.1 Authorize the Absence of Mayor Cyndy Andrus (Maas)
E.Public Service Announcements
E.1 City of Bozeman offices will be closed Mondays, February 21 in observance of Washington's
Birthday. There will be no City Commission meeting on Tuesday, February 22. This is not a
garbage holiday and pick up will be on the regularly scheduled day.(Maas)
THE CITY COMMISSION OF BOZEMAN, MONTANA
REGULAR MEETING AGENDA
Tuesday, February 15, 2022
This meeting will be held using Webex, an online videoconferencing system. You can join this meeting:
Via Webex:
https://cityofbozeman.webex.com/cityofbozeman/onstage/g.php?
MTID=e2da81cf2855f0196fc508a7661909425
Click the Register link, enter the required information, and click submit.
Click Join Now to enter the meeting.
Via Phone: This is for listening only if you cannot watch the stream or channel 190
United States Toll
+1-650-479-3208
Access code: 2558 738 8011
If you are interested in commenting in writing on items on the agenda please send an email to
agenda@bozeman.net prior to 12:00pm on the day of the meeting. You may also comment by visiting
the Commission's comment page.
You can also comment by joining the Webex meeting. If you do join the Webex meeting, we ask you
please be patient in helping us work through this online meeting.
If you are not able to join the Webex meeting and would like to provide oral comment you may send a
request to agenda@bozeman.net with your phone number, the item(s) you wish to comment on, and
the City Clerk will call you during the meeting to provide comment.
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.FYI
G.Commission Disclosures
H.Consent
H.1 Accounts Payable Claims Review and Approval (Rosenberry)
H.2 Approval of Depository Bonds and Pledged Securities as of December 31, 2021 (Rosenberry)
H.3 Review and Approve the Findings of Fact and Order for the Park View Crossing Major
Subdivision Preliminary Plat, Application 21158(Montana)
H.4 Authorize the City Manager to Sign a Utility and Access Easement and Agreement with
Northwestern Energy for Residences Adjacent to New Hyalite View Park(Jadin)
H.5 Authorize the City Manager to Sign a Right-of-way Agreement for Construction of
Improvements to Story Mill Road - Parcel 2 (Jeffrey Brandner and Raymond Rega)(Murray)
H.6 Authorize the City Manager to Sign a Professional Services Agreement with Green Gardens
Group LLC for a Bozeman Watershed Wise Landscape Webinar Series(Ahlstrom)
H.7 Authorize the City Manager to Sign a First Addendum to the Professional Services
Agreement for Community Housing Services with HRDC(Munfrada)
H.8 Resolution 5371 Authorizing Prime Change Order 15 with Langlas and Associates for
Construction of the Bozeman Public Safety Center(Winn)
H.9 Resolution 5376 Intent to Create a Special Improvement Lighting District 769 for Norton
East Ranch Phase 5(Rosenberry)
H.10 Resolution 5378 Intent to Create a Special Improvement Lighting District 770 for Annex of
Bozeman(Rosenberry)
H.11 Ordinance 2098 Final Adoption of an Update to the Department Titles of Administrative
Services and Public Works to Reflect the City's Current Department Titles, and Creating the
Departments of Economic Development and Strategic Services(Giuttari)
I.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.
J.Special Presentation
J.1 Sixth Quarterly Report on Bozeman as an Inclusive City (Mihelich)
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J.2 Fowler Avenue Connection Project Introduction (Lonsdale)
K.Action Items
K.1 Resolution 5372 Amending the City’s Annual Budget to Increase the Appropriations for
the Christie Fields Playground Project in the Parks and Trails District Fund - Appropriations
Will Be Paid With Existing Fund Reserves(Rosenberry)
L.Work Session
L.1 Direction to City Staff on the Development of Water Conservation Standards for New
Development and City-Wide Outdoor Watering Restrictions(Ahlstrom)
M.FYI / Discussion
N.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:Mike Maas, City Clerk
Jeff Mihelich, City Manager
SUBJECT:Authorize the Absence of Mayor Cyndy Andrus
MEETING DATE:February 15, 2022
AGENDA ITEM TYPE:Administration
RECOMMENDATION:I move to authorize the absence of Mayor Cyndy Andrus.
STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver
information to the community and our partners.
BACKGROUND:Mayor Andrus informed City Manager Mihelich that she would not be in
attendance
UNRESOLVED ISSUES:None
ALTERNATIVES:None
FISCAL EFFECTS:None
Report compiled on: February 9, 2022
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Memorandum
REPORT TO:City Commission
FROM:Mike Maas, City Clerk
SUBJECT:City of Bozeman offices will be closed Mondays, February 21 in observance
of Washington's Birthday. There will be no City Commission meeting on
Tuesday, February 22. This is not a garbage holiday and pick up will be on
the regularly scheduled day.
MEETING DATE:February 15, 2022
AGENDA ITEM TYPE:Administration
RECOMMENDATION:Inform holiday hours
STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver
information to the community and our partners.
BACKGROUND:n/a
UNRESOLVED ISSUES:n/a
ALTERNATIVES:none
FISCAL EFFECTS:none
Report compiled on: February 9, 2022
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Memorandum
REPORT TO:City Commission
FROM:Anna Rosenberry, Interim Finance Director
SUBJECT:Accounts Payable Claims Review and Approval
MEETING DATE:February 15, 2022
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.
Report compiled on: January 27, 2022
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Memorandum
REPORT TO:City Commission
FROM:Laurae Clark, Treasurer
Anna Rosenberry, Assistant City Manager
SUBJECT:Approval of Depository Bonds and Pledged Securities as of December 31,
2021
MEETING DATE:February 15, 2022
AGENDA ITEM TYPE:Finance
RECOMMENDATION:Approve the depository bonds and pledged securities as of December 31,
2021.
STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable
sources of funding for appropriate City services, and deliver them in a lean
and efficient manner.
BACKGROUND:
17-6-102. Insurance on deposits. (1) Deposits in excess of the amount
insured by the federal deposit insurance corporation or the national credit
union administration may not be made unless the bank, building and loan
association, savings and loan association, or credit union first delivers to the
state treasurer or deposits in trust with some solvent bank, as security
therefore, bonds or other obligations of the kinds listed in 17-6-103, having a
market value equal to at least 50% of the amount of the deposits in excess of
the amount insured. The board of investments may require security of a
greater value. When negotiable securities are placed in trust, the trustee's
receipt may be accepted instead of the actual securities if the receipt is in
favor of the state treasurer, successors in office, and the state of Montana
and the form of receipt and the trustee have been approved by the board of
investments.
(2) Any bank, building and loan association, savings and loan association,
or credit union pledging securities as provided in this section may at any
time substitute securities for any part of the securities pledged. The
substituted collateral must conform to 17-6-103 and have a market value at
least sufficient for compliance with subsection (1). If the substituted
securities are held in trust, the trustee shall, on the same day the
substitution is made, forward by registered or certified mail to the state
treasurer and to the depository financial institution a receipt specifically
describing and identifying both the securities substituted and those released
and returned to the depository financial institution.
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Section 7-6-207 (2), MCA, requires the City Commission to approve pledged
securities at least quarterly.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission
FISCAL EFFECTS:The city is sufficiently pledged.
Attachments:
Depository Bonds & Securities 1221.pdf
Report compiled on: January 26, 2022
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DEPOSITORY BONDS AND SECURITIES
AS OF
December 31, 2021
MATURITY CUSIP NO/LOC NO. TOTAL AMOUNT
US BANK
All Accounts
Federal Deposit Insurance Corporation-Operating Accts $ 250,000.00
Federal Deposit Insurance Corporation-CD $ 250,000.00
LOC-FHLB Cincinnati 10/15/2021 555391 $ 17,000,000.00
TOTAL – US Bank $ 17,500,000.00
FIRST SECURITY BANK
All Accounts
Federal Deposit Insurance Corporation $ 250,000.00
Celina TX ISD REF GO UNLTD BD 08/15/2033 151145NX3 $ 1,185,000.00
Celina TX ISD REF GO UNLTD BD 08/15/2034 151145NY1 $ 1,235,000.00
TOTAL - First Security Bank $ 2,670,000.00
This is to certify that we, the Commission of the City of Bozeman, in compliance with the provisions of Section 7-6-
207, M.C.A., have this day certified the receipts of the First Security Bank and US Bank, for the Depository Bonds
held by the Director of Finance as security, for the deposit for the City of Bozeman funds as of December 31, 2021,
by the banks of Bozeman and approve and accept the same.
_____________________________________________
CYNTHIA L. ANDRUS, Mayor
_______________________________________ _______________________________________
TERRY CUNNINGHAM, Deputy Mayor I-HO POMEROY, Commissioner
_______________________________________ _______________________________________
CHRISTOPHER COBURN, Commissioner JENNIFER MADGIC, Commissioner
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PLEDGED SECURITIES AND CASH IN BANK
As of
December 31, 2021
US BANK
Total Cash and CD's on Deposit $4,216,963.60
FDIC Coverage $500,000.00
Amount Remaining $3,716,963.60
Pledges Required 104% $3,865,642.14
Actual Pledges $17,000,000.00
Over (Under) Pledged $13,134,357.86
FIRST SECURITY BANK
CD's $2,039,059.96
FDIC Coverage $250,000.00
Amount Remaining $1,789,059.96
Pledges Required 50% $894,529.98
Actual Pledges $2,420,000.00
Over (Under) Pledged $1,525,470.02
REFERENCE: Section 7-6-207, M.C.A.
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Memorandum
REPORT TO:City Commission
FROM:Susana Montana, Senior Planner
Brian Krueger, Development Division Manager
Anna Bentley, Interim Director Community Development Department
SUBJECT:Review and Approve the Findings of Fact and Order for the Park View
Crossing Major Subdivision Preliminary Plat, Application 21158
MEETING DATE:February 15, 2022
AGENDA ITEM TYPE:Community Development - Quasi-Judicial
RECOMMENDATION:Authorize the Mayor to sign the Findings of Fact and Order for the Park View
Crossing Major Subdivision Preliminary Plat, Application No. 21158.
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:
A Preliminary Plat for a major subdivision application seeking to subdivide
the 7-acre Lot 4 of Minor Subdivision 400 into 47 lots including 44 residential
townhouse lots. The subdivision would consist of nine fourplex townhouse
lots, two triplex townhouse lots, one duplex townhouse lot, two open space
(mid-block crossing) lots, one common area storm water pond lot and public
roads. This property is zoned R-3, Medium-density Residential. Off-site
improvements by the Applicant include a shared-use pathway along the west
side of Vaquero Parkway along the subdivision’s frontage as partial
fulfillment of his parkland contributions.
The City Commission considered the Preliminary Plat application at a public
hearing on January 25, 2022 and voted 3 to 0 to approve it.
UNRESOLVED ISSUES:None, with conditions and code provisions.
ALTERNATIVES:1. Approval of the Findings of Fact and Order as drafted;
2. Approval of the Findings of Fact and Order with modifications; or
3. As determined by the City Commission.
FISCAL EFFECTS:Fiscal impacts are undetermined at this time but will include increased
property tax revenues from new development along with increased costs to
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deliver municipal services to the property. Impact fees will be collected at
the time of issuance of building permits for individual lots, along with City
sewer and water connection fees.
Attachments:
21158 Park View Crossing PP FOF staff rpt.pdf
21158 Park View Crossing PP City Commission FOF Memo.pdf
Park View Crossing PreliminaryPlat_09242021.pdf
Park View Crossing_A1Application_04162021.pdf
Report compiled on: February 1, 2022
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Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 1 of 44
Bozeman City Commission Findings of Fact and Order for the Park View
Crossing Major Subdivision Preliminary Plat; Project No. 21158
Public Hearing Date: City Commission, February 15, 2022 at 6:00 PM via Webex
Project Description: This is a major subdivision application seeking to subdivide the 7-acre
Lot 4 of Minor Subdivision 400 into 47 lots, including 44 residential townhouse lots.
Project Legal Description: Lot 4 of Minor Subdivision 400 located in the NE ¼ of Section 3,
Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana.
Project Location: This property is not addressed. It is located on Vaquero Parkway north of
W. Oak Street, west of Davis Lane, east of N. Ferguson Avenue, and south of Baxter Lane.
Development Review Committee (DRC) Recommendation: On November 19, 2021, the
DRC determined that the application conformed to Bozeman Municipal Code (BMC)
standards and was sufficient for approval with staff-recommended conditions and code
provisions.
Community Development Board (CDB) Recommendation: On December 20, 2021, the
Community Development Board, serving as the City’s Planning Board, reviewed and
considered the application materials, public comment, and all the information presented and,
by a vote of 6 to 1, recommended approval of the Park View Crossing Preliminary Plat major
subdivision with the conditions recommended by staff and all applicable code provisions.
This recommendation did not include support of the Applicant’s requested subdivision
variance to waive installation of a sidewalk along the west side of Stokes Lane. The Applicant
withdrew this variance request on December 23, 2021 and it is not referenced herein.
https://weblink.bozeman.net/WebLink/DocView.aspx?id=258464&dbid=0&repo=BOZEMAN
Parks Plan Status: The required parkland contribution for this subdivision is still under
discussion by the Applicant, the Bozeman Recreation and Parks Department and the Gallatin
County Parks Department. Condition of Approval No. 2 requires the parkland plan to be
approved by the Bozeman Recreation and Parks Department and submitted with the final Plat
application.
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Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 2 of 44
City Commission Decision: On January 25, 2022, having reviewed and considered the
application materials, public comment, and all the information presented, the City
Commission, by a vote of 5 to 0, adopted the findings presented in the staff report for
application 21158 and approved the Park View Crossing Major Subdivision Preliminary Plat
with conditions and subject to all applicable code provisions.
Commission Recommended Motion for this Finding of Fact and Order: Having reviewed
and considered the application materials, public comment, and all the information presented,
I hereby adopt the findings presented in Section 7 of this staff report for application 21158
and move to authorize the Mayor to sign the Findings of Fact and Order on behalf of the City
Commission, approving the Park View Crossing Major Subdivision Preliminary Plat with
conditions and subject to all applicable code provisions.
Report Date: February 2, 2022
Staff Contact: Susana Montana, Senior Planner, Development Review Division, Community
Development Department
Karl Johnson, Project Engineer, Engineering Department
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
Unresolved Issues
Unresolved issues at this Preliminary Plat stage are related to parklands contributions and
stormwater/water quality management issues which must be resolved prior to submittal of
the final plat application. The final plat must satisfy all of the recommended preliminary plat
conditions of approval and all relevant Bozeman Municipal Code (BMC) code provisions
noted on pages 10 through 21 of this report.
Project Summary
This report is based on: (1) the September 24, 2021 revised plat maps; (2) the November 19,
2021 revised application documents; (3) the November 19, 2021 Development Review
Committee recommendation for conditions and code provisions; (4) the December 20, 2021
Community Development Board recommendation; (5) the Applicant’s December 23, 2021
withdrawal of a sidewalk variance request; (6) the December 27, 2021 staff report to the City
Commission which evaluated the application’s code compliance; (7) public comment received
to date; (8) staff recommendations of conditions of approval and code provisions; (9) all
information provided to the City Commission at their January 25, 2022 public hearing on this
application; and (10) staff evaluation of the Montana Code Annotated (MCA) subdivision
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Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 3 of 44
statutes and relevant Bozeman Municipal Code (BMC) subdivision statutes described in this
report.
Application. The property owner/Applicant made application to develop the vacant
property on the west side of Vaquero Parkway, south of Baxter Lane, north of W. Oak Street,
west of Davis Lane and east of the Gallatin County Regional Park. The application proposes
the subdivision of 7-acres into 47 lots: 44 residential lots consisting of nine fourplex lots, two
triplex lots and one duplex lot; one common area stormwater facility lot; two common open
space (mid-block crossing) lots; and associated streets and rights of way. Off-site
improvements by the Applicant include a shared-use pathway along the west side of Vaquero
Parkway along the subdivision’s frontage as partial fulfillment of his parkland contributions.
The two mid-block crossing open space lots would be publicly-accessible and owned and
maintained by the Homeowners Association (HOA). The stormwater pond lot would be
owned and maintained by the HOA.
The subject property was annexed to the City in 2000 and is zoned R-3, Medium-density
Residential District. The property is currently vacant and includes limited natural features.
Montana subdivision law requires Applicants to provide information about wildlife and
habitat that may be affected by the subdivision. A small section of the Spring Ditch irrigation
facility is located near the northern property boundary and encroaches into the northern
portion of the subdivision’s stormwater easement. The Spring Ditch agricultural water
facility would continue to flow and the existing irrigation easement located completely within
the adjacent Gallatin County Regional Park would not be abandoned or altered with this
subdivision.
A neighbor of the proposed subdivision commented that a flock of partridges are frequently
seen wandering about the Site and the adjacent 97-acre Gallatin County Regional Park. She
asked if the Applicant conducted an environmental impact study to determine the effect of
the development on these avian neighbors. The Applicant provided information regarding
wildlife on the Site (see page 25 of this report). In response to this public inquiry, staff
researched the Montana Natural Heritage Species of Concern and Potential Species of
Concern lists and found that the partridge species of bird is not a Species of Concern and,
therefore, is not subject to mitigation should their habitat be altered or removed.
Due to the State Legislature’s passing of HB 259, MCA Section 76-3-514 prohibits the
requirement for a subdivision to provide affordable housing per BMC Section 38.380 and this
subdivision does not provide such affordable housing. However, the subdivision provides a
mix of residential lot sizes and configurations which offer a mix of townhouse sizes and, one
would expect, prices. All lots are in compliance with the R-3 zoning. Eighteen of the lots are
sized to accommodate the addition of an Accessory Dwelling Unit (ADU).
The subdivision is proposed for on- and off-site private and public infrastructure and utility
construction in a single phase.
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Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 4 of 44
Prior to issuance of a building permit for an individual lot, completion of required on- and off-
site infrastructure and utilities for the subdivision is required, as is payment of impact fees
and sketch plan review of proposed structures on the lot.
Neighborhood centers are required for subdivisions of 10-acres or more per 38.410.020. This
subdivision is 7-acres and, therefore, exempt from this requirement. However, the County
Regional Park abuts the subdivision along its western frontage.
The subdivision’s 44 homes would require 1.31-acres of parkland per BMC 38.420.020.A. The
Applicant proposes to meet this requirement by providing both cash-in-lieu (CIL) and
parkland-related improvements-in lieu of parkland within the subdivision, due to the
proximity of the Site to the 97-acre Regional Park. One of the improvements would be the
installation of a 10-foot wide, paved, shared use path along the subdivision’s eastern frontage
within the Vaquero Parkway right-of-way (ROW). The Recreation and Parks Department
continues to work with the Applicant to enable him to satisfy this requirement; please see
Condition of Approval No. 2.
The Community Development Board, acting as the Planning Board, held a public hearing on
the application on December 20, 2021. The Planning Board is the advisory body to the City
Commission on this subdivision application. The Board, by a vote of 6 to 1, recommended
approval of the project with the conditions and code provisions outlined in this staff report.
One public comment expressing concern about increased traffic and parking congestion on
Vaquero Parkway was received during the Board public comment period. The Community
Development Board/Planning Board proceedings may be viewed here under the date
December 20, 2021: https://www.bozeman.net/services/city-tv-and-streaming-audio
Pursuant to BMC 38.240.130A.5.a.(4), Preliminary Plat, the final decision for a Major
Subdivision Preliminary Plat with less than 50 lots must be made within 60 working days of
the date it was deemed adequate. The Development Review Committee (DRC) deemed the
application adequate for continued review on November 19, 2021. The City Commission was
required to approve, conditionally approve or deny the subdivision application by January
19, 2022, unless there is a written extension from the developer, not to exceed one year. The
City Commission hearing to consider this preliminary plat was scheduled for January11,
2022. The Applicant provided a written request to postpone the hearing until the January 25,
2022 City Commission hearing. This was granted by the City Commission on January 11, 2022
and the application was re-scheduled for their January 25, 2022 hearing. The January 25,
2022 hearing was held in the City Commission chambers, 121 N Rouse Avenue at 6 pm as well
as on Webex.
No member of the public spoke at the hearing.
After the City Commission reviewed and considered the application materials, staff report,
advisory review board recommendations, previous public comment, and all the information
presented, they made individual findings and voted 3 to 0 to approve the motion to approve
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Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 5 of 44
the application. The Commission agreed that the application met the criteria established by
the Bozeman Municipal Code. Therefore, the application was approved with conditions and
applicable code provisions outlined in these findings.
The City Commission’s review, deliberation and findings for this preliminary plat application
may be found under the linked minutes and recorded video of the meetings located at this
web page filed under the date January 25, 2022:
https://www.bozeman.net/services/city-tv-and-streaming-audio
Alternatives
1. Approval of the Findings of Fact and Order as drafted;
2. Approval of the Findings of Fact and Order with modifications; or
3. As determined by the City Commission.
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Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 6 of 44
TABLE OF CONTENTS
EXECUTIVE SUMMARY ....................................................................................................................................... 2
Unresolved Issues .......................................................................................................................... 2
Project Summary ........................................................................................................................... 2
Alternatives .................................................................................................................................... 5
SECTION 1 - MAP SERIES................................................................................................................................... 7
SECTION 2 – REQUESTED VARIANCES ...................................................................................................... 10
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL ............................................................. 10
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ...................................... 12
SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS ............................................................. 21
SECTION 6 - STAFF ANALYSIS AND FINDINGS ....................................................................................... 21
SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROCEDURES…………… .37
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY ..................................... 39
APPENDIX B – NOTICING AND PUBLIC COMMENT .......................................................... 42
APPENDIX C – OWNER INFORMATION AND REVIEWING STAFF .................................. 42
ATTACHMENTS ......................................................................................................................... 43
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Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 7 of 44
SECTION 1 - MAP SERIES
Figure 1. Zoning classification: R-3, Medium-density Residential District
Site shown in white circle
Figure 2. Vicinity Map; subdivision Site noted in the white circle
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Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 8 of 44
Figure 3. Proposed Preliminary Plat (9/24/21 plat revision)
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Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 9 of 44
Figure 4: Graphic image of the proposed subdivision
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Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 10 of 44
SECTION 2 – REQUESTED VARIANCES
There are no variances requested with this subdivision application.
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL
The following conditions of approval and code provisions satisfy City and relevant State
requirements as well as site-specific mitigation for potential adverse impacts associated with
development of the proposed subdivision. The conditions of approval are in addition to the
required code provisions identified in this report. The conditions are specific to the
preliminary plat application. The City Commission considered the impacts as identified in the
staff analysis and application materials and finds that the conditions of approval are deemed
reasonably-related and roughly-proportionate to the development of this subdivision.
1. BMC 38.400.110. Transportation Pathways. Concurrent with the Applicant’s
construction of the west side of Vaquero Parkway along the subdivision’s frontage, the
Applicant shall install a paved ten-foot wide “shared-use path” along the east side of the
subdivision within the Vaquero Parkway right-of-way (ROW). The shared-use path shall meet
City standards. The Applicant is advised that the City of Bozeman will accept responsibility
for the maintenance of this shared-use path within the Vaquero Parkway ROW once the path
has been installed, inspected and accepted by the City. Details of this shared-use path shall be
submitted with the final plat application.
2. BMC 38.420.020 and 080, Parkland Mitigation.
a. Park improvements or parkland improvements-in-lieu required by 38.420.020 and 080
and the Bozeman Parks, Recreation, Open Space and Trails (PROST) Plan must be approved
by the Park and Recreation Department (PARKS) prior to final plat approval or an
improvements agreement for such shall be executed. Applicants may not financially
guarantee the requirements per 38.420.080.A.1 and 2.
b. The shared-use path along the Vaquero Parkway west side ROW may extend further north
and south of the subdivision frontage as part of the Applicant’s parkland cash-in-lieu and
parkland improvements-in-lieu negotiated with PARKS, pursuant to BMC 38.420.020. Final
details of the Applicant’s parkland cash-in-lieu and parkland improvements-in-lieu
commitments must be provided with the final plat application submittal.
c. Documentation of compliance with the parkland dedication requirements of Section 38.420
must be provided with the final plat. A table showing the parkland requirements for the
subdivision and the method of meeting the parkland dedication must be included on the final
plat Conditions of Approval sheet. The table shall explicitly state (1) the parkland
requirements of the subdivision; (2) the methods for satisfying this requirement ( e.g. cash-
in-lieu (CIL) or improvements-in-lieu); (3) how much parkland credit was allocated for each
lot within each phase; (4) all areas within the subdivision qualifying for exemption from
parkland requirements (i.e., detention/retention areas, watercourse setbacks, wetlands,
common open space, parking facilities); and (5) the total area of each above category. The
table and its contents must be approved by PARKS.
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Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 11 of 44
d. Where CIL has been accepted in-lieu of parkland, the amount of the cash donation must be
paid prior to final plat approval and must be stated on the final plat sheet.
3. 38.400.080.B. Sidewalks adjacent to public lands. The sidewalk along the west side of
Stokes Lane shall be built to City standards as part of the subdivision public improvements.
The applicable City standard sidewalk on the west side of Stokes Lane must be shown on the
plat sheets at final plat application submittal and must be shown on infrastructure plans prior
to infrastructure approval.
4. BMC 38.240.130.A.5.e (1) (a), Compliance with survey requirements. The proposed
perimeter lines of the subdivision do not match the most recent plat for the subdivision
(Minor Subdivision No. 400, Lot 4). However, a recent Subdivision Exemption Application, No.
20312, proposes a land swap to adjust these lot lines. That lot line adjustment consists of
relocating the common boundary between the two lots allowing the County to have more area
at the northern access point from Baxter Lane, and Lot 4 (this subdivision land area) to have
a more aligned tie-in/approach with the newly constructed intersection of Vaquero Parkway
& Tschache Lane. That revised plat, per Application 20312, must be recorded prior to final
plat approval. A digital copy of the recorded plat must accompany the final plat submittal.
5. Public Infrastructure Payback Obligations. Prior to final plat approval, the Applicant
shall pay the appropriate “pay back” cost for the N. 19th and Baxter Intersection Payback
District traffic signal improvements. The subject property lies within this District and the
owner did not participate in the original cost of construction of improvements and, therefore,
the current owner will be assessed a payback charge which must be paid prior to final plat
approval. The Applicant must contact the City Engineering Department
(kajohnson@bozeman.net) for a determination of the payback amount.
6. City of Bozeman Resolution 5076, Policy 1 - The Applicant must provide and file with
the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of
Special Improvement Districts (SID’s) on City standard form for the following:
a. Street improvements to N Ferguson Avenue between W Oak Street and Kimberwicke Street
including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
b. Street improvements to Davis Lane between Baxter Lane and Kimberwicke Street including
lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
c. Intersection improvements at Vaquero Parkway and Baxter Lane including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
d. Intersection improvements at Caspian Avenue and Baxter Lane including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
e. Intersection improvements at Tschache Lane and Davis Lane including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
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Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 12 of 44
f. Intersection improvements at Flanders Mill Road and Baxter Lane including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
The document filed must specify that in the event an SID is not utilized for the completion of
these improvements, the developer agrees to participate in an alternate financing method for
the completion of said improvements on a fair share, proportionate basis as determined by
square footage of property, taxable valuation of the property, traffic contribution from the
development, or a combination thereof. The Applicant must provide a copy of the recorded
SID waiver prior to final plat approval.
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS
The following are procedural requirements not yet demonstrated by the plat and must be
satisfied at the final plat.
1. BMC 38.100.080.A. Compliance with regulations required. The Applicant is advised
that unmet code provisions, or code provisions that are not specifically listed as conditions of
approval, does not, in any way, create a waiver or other relaxation of the lawful requirements
of the Bozeman Municipal Code or State law.
2. BMC 38.220.040.A.3. Easements. All easements, existing and proposed, must be
accurately described, dimensioned and shown on each subdivision block of the final plat in
their true and correct location on the final plat application. Public utilities must be located
within dedicated street right of ways. Utility easements must be provided and granted with
the final plat in accordance with public and private design standards.
3. BMC 38.220.070. Final Plat notations. Among others, the final plat must contain the
following notation on the Conditions of Approval sheet:
a. All public stormwater facilities not on property dedicated to the City of Bozeman shall be
located within public stormwater drainage easements that provide for storm water facility
maintenance responsibility by the Home Owners’ Association (HOA) and which is so noted in
the HOA Conditions, Covenants and Restrictions (CC&R) document.
b. Due to known high groundwater conditions in the area, no basements will be permitted
with future development of the site. No crawl spaces will be permitted with future
development of the site unless a professional engineer registered in the State of Montana
certifies that the lowest point of any proposed structure is located above the seasonal high
groundwater level and provides supporting groundwater data to the City Engineering
Department prior to the release of any building permit for the development. In addition, sump
pumps are not allowed to be connected to the sanitary sewer system or the drainage system
unless capacity is designed into the drainage system to accept the pumped water. Water from
sump pumps may not be discharged on streets, such as into the curb and gutters, where they
may create a safety hazard for pedestrians and vehicles.
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Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 13 of 44
c. In order to disclose to future purchasers their obligations regarding open space established
in the Municipal Code, the following language shall be included on the Conditions of Approval
Sheet of the final plat: “Ownership of Common Open Space, trails and the common area
stormwater management facility, and responsibility for maintenance thereof and for
maintenance of the alley or other City assessments levied on these common lands shall be
that of the Home Owners’ Association (HOA). Maintenance responsibility shall include, in
addition to the common open space, trails and the private alley, snow removal for those assets
and irrigation of all vegetative ground cover, boulevard trees and maintenance of irrigation
systems in the public right-of-way boulevard strips along all external perimeter development
streets and as adjacent to public parks or other common open space areas. All areas within
the subdivision that are designated herein as common areas, exclusive of the Lot CA-1
stormwater drainage facility, are for the use and enjoyment by residents of the development
and the general public. The common area Lot CA-1 shall be used by this subdivision for
stormwater management and shall be owned and maintained by the HOA. The HOA shall be
responsible for levying annual assessments to provide for the maintenance, repair, and
upkeep of all common areas inclusive of open space lots, trails, Lot CA-1 and the private alley.
At the same time of recording the final plat of the subdivision the subdivider shall transfer
ownership of all common areas to the HOA created by the subdivider to maintain all common
areas within the Park View Crossing Major Subdivision.”
d. Approval by any design review entity established in the HOA CC&Rs does not bind the City
of Bozeman to approve any construction plan.
e. All open space, trails and public access areas shall be owned and maintained by the Home
Owners’ Association (HOA).
f. Lots 3D, 4A, 7D and 8A within Block 2 of the Park View Crossing Major Subdivision are
subject to a ten-foot building setback from the side property lines abutting the Open Space
Lots OS-1 and OS-2. It is the obligation of the lot owner to be fully informed as to this
additional standard before beginning any home or site design process.
g. The alley shall be a public right-of-way that is maintained by the HOA.
h. No landscaping, such as trees or woody shrubs, beyond ground cover or fencing shall be
installed within a utility or access easement, per BMC 38.410.060.
4. 38.220.050.8. Noxious Weed Control. 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). Prior to final plat approval, 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 recorded with the County Clerk
and Recorder prior to final plat approval. This plan must ensure the control of noxious weeds
upon final plat approval and the revegetation of any land disturbed during the construction
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Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 14 of 44
of subdivision improvements. The subdivision’s HOA, via the CC&R document, shall insure
that the plan is implemented and enforced in perpetuity.
5. BMC 38.220.060.A.10.a. Water rights. Water rights, or cash-in-lieu thereof, as calculated
by the Director of Public Works, is due with the filing of each subdivision final plat. Prior to
final plat approval, the Applicant must satisfy Section 38.410.130 and provide documentation
of all water rights pertaining to the proposed subdivision; e.g. previous estimates or actual
payment-in-lieu of water rights, certified well logs, decrees or adjudications, etc..
6. BMC 38.600.120. Floodplain disclosure. The current plans are unclear as to whether the
proposed stormwater facility will encroach into the mapped floodplain. If encroachment is
proposed, the Applicant shall provide an analysis of the impacts of the provided fill with the
formal infrastructure submittal. Per 38.600.120, the base flood elevation may not be
increased by more than 0.50 ft. Any fill encroachment must be designed to prevent erosion
from the 100-year event. This condition must be addressed in the final plat application
submittal and approved by the City Engineer prior to final plat approval.
7. BMC 38.220.070. Final Plat.
a. The Applicant shall submit with the application for final plat review and approval, a written
narrative stating how each of the conditions of preliminary plat approval and noted code
provisions herein have been satisfactorily addressed. This narrative shall be in sufficient
detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the
submittal.
b. The final plat must conform to all requirements of the Bozeman Municipal Code (BMC) and
the State of Montana Uniform Standards for Monumentation, Certificates of Survey, and Final
Subdivision Plats (ARM 24.183.1101, 24.183.1104 and 27.183.1107) and shall be
accompanied by all required documents, including certification from the City Engineer that
record drawings for public improvements were received, including a platting certificate, and
all required and corrected certificates.
8. BMC 38.220.070.A.7. Final Plat documents. Simultaneously with filing of the final plat,
in conjunction with required or offered dedications, the subdivider (or owner of the property
being subdivided if the owner is not the subdivider) shall transfer ownership to the Home
Owners’ Association (HOA) of open space lots OS-1 and OS-2, the stormwater drainage
common area Lot CA-1, and the stub-out trail connecting the open space Lots OS-1 and OS-2
across Stokes Lane to the County Regional Park property line to the west. These assets shall
be conveyed to the HOA and all its right, title, and interest in any improvements made to such
open space, trail or drainage lot. For the transfer of real property, the subdivider or owner of
the property shall submit with the application for the final plat a warranty deed or other
instrument acceptable to the City Attorney transferring fee simple ownership to the HOA and
associated realty transfer certificate. The subdivider or owner of the property must record
the deed or instrument at the time of recording of the final plat. For personal property
installed upon open space owned by the HOA, the subdivider shall provide an instrument
acceptable to the City Attorney transferring all its rights, title and interest in such
improvements including all applicable warranties to such improvements.
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Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 15 of 44
9. BMC 38.220.070. Final Plat. The final plat application shall include three (3) signed
reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent). The
Gallatin County Clerk & Recorder’s office has elected to continue the existing medium
requirements of two (2) Mylars with a 1½” binding margin on one side for both plats and
COS’s. The Clerk and Recorder will file the new Conditions of Approval sheet as the last same
sized Mylar sheet in the plat set.
10. BMC 38.220.300 & 310. The Home Owners’ Association (HOA) documents must be
finalized and recorded with the final plat. The HOA documents must include the requirements
of Section 38.220.300 and 320.
11. BMC 38.220.320. Covenants.
a. A Draft Conditions, Covenants & Restrictions (CC&Rs) document must be submitted with
initial final plat submittal to be reviewed and approved by the City and, when approved,
recorded with the County Clerk and Recorder.
b. In order to disclose to future purchasers their obligations regarding open space established
in the Municipal Code, the following language shall be included in the CC&R document:
“Ownership of Common Open Space, trails and the common area stormwater management
facility, and responsibility for maintenance thereof and for maintenance of the alley or other
City assessments levied on these common lands shall be that of the Home Owners’ Association
(HOA). Maintenance responsibility shall include, in addition to the common open space, trails
and the private alley, snow removal for those assets and irrigation of all vegetative ground
cover, boulevard trees and maintenance of irrigation systems in the public right-of-way
boulevard strips along all external perimeter development streets and as adjacent to public
parks or other common open space areas. All areas within the subdivision that are designated
herein as common areas, exclusive of the Lot CA-1 stormwater drainage facility, are for the
use and enjoyment by residents of the development and the general public. The common area
Lot CA-1 shall be used by this subdivision for stormwater management and shall be owned
and maintained by the HOA. The HOA shall be responsible for levying annual assessments to
provide for the maintenance, repair, and upkeep of all common areas inclusive of open space
lots, trails, Lot CA-1 and the private alley. At the same time of recording the final plat of the
subdivision the subdivider shall transfer ownership of all common areas to the HOA created
by the subdivider to maintain all common areas within the Park View Crossing Major
Subdivision.”
12. BMC 38.220.320. Covenants. A notice prepared by the City shall be recorded
concurrently with the final plat so that it will appear on title reports. This note shall read
substantially as follows: “Lots 3D, 4A, 7D and 8A within Block 2 of the Park View Crossing
Major Subdivision are subject to a ten-foot building setback from the side property lines
abutting the Open Space Lots OS-1 and OS-2. It is the obligation of the lot owner to be fully
informed as to this additional standard before beginning any home or site design process.
Approval by any design review entity established in the HOA CC&Rs does not bind the City of
Bozeman to approve any construction plan.”
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Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 16 of 44
13. BMC 38.220.320. Covenants. Conditions, Covenants, Restrictions (CC&Rs), and articles
of incorporation for the creation of a home owners’ association and the CC&R document shall
be submitted with the final plat application for review and approval by the Department of
Community Development and shall contain, but not be limited to the following items: (1) the
orientation and setbacks for corner lots, (2) all additional setbacks required when lots are
adjacent to pathway corridors, such as Lots OS-1 and OS-2, (3) provisions for fences, (4)
provisions for snow removal, maintenance and upkeep of the alley ROW, all common areas,
public trails and storm water runoff facilities, (5) guidelines that outline architectural and
landscape requirements for each individual lot and/or phase of the subdivision related to
placement of landscaping and boulevard trees within the ROW at a regular spacing for each
residential lot, (6) provisions that outline the renewal of an annual contract with a certified
landscape nursery person for the upkeep and maintenance of all common open space, trails,
etc., (7) landscape details for detention ponds, outlet structures, boulevard trees, parkland,
irrigation, etc., (8) mitigation of groundwater with established floor elevations, (9) noxious
weed control, and (10) assessment of existing and future Special Improvement Districts, if
applicable. These documents shall be submitted to the City Attorney and shall not be accepted
by the City until approved as to legal form and effect. A draft of these documents must be
submitted for review and approval by the Community Development Department at least 30
working days prior to submitting a final plat application. These documents shall be executed
and submitted with the final plat to be recorded with the Gallatin County Clerk and Recorder
at the time of final plat recordation.
14. BMC 38.240.150.A.3. Review of Covenants. Deeds and Realty transfer certificates must
be provided for transfer of any platted public travelway or tract to the City or other entity in
association with filing of the final plat. It is noted that the alley that bisects the subdivision
shall be a public right-of-way (ROW) that would be maintained by the HOA.
15. BMC 38.240.150.A.3.d. Transfer of ownership of public land, off-site land, private
land, personal property, improvements and water rights; documents required.
a. For the transfer of real property in satisfaction of required or offered dedications to the
City, and required or offered donations or grants to the home owners' association (HOA), 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 HOA.
b. For the transfer of personal property installed upon City-owned rights-of-way (ROW) or
HOA-owned parkland improvements or open space, the subdivider must provide the City
with 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 HOA.
c. 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 HOA as applicable.
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Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 17 of 44
d. For the transfer of ownership interest in water, the subdivider or owner of the property
must submit with the application for final plat a deed or other instrument acceptable to the
City Attorney transferring ownership to the City or HOA, along with all required State
Department of Natural Resources and Conservation documentation, certification and
authorization.
16. BMC 38.240.410. Dedication of Lands to the City of Bozeman. Stokes Lane and the
extension of Tschache Lane within the subdivision shall be dedicated to the City of Bozeman.
The north-south alleyway between Vaquero Parkway and Stokes Lane shall be a privately-
maintained alley located within a public right-of-way (ROW) dedicated to the City. Prior to
final plat approval, the certificate of dedication on the final plat shall include the specific
names of the streets dedicated to the public for which the City accepts responsibility and shall
reflect all such dedications and applicable private maintenance agreements.
17. BMC 38.240.420. Mortgagee. If there are liens or mortgages against the property, the
appropriate Mortgagee certificate must be included.
18. BMC 38.240.430 and BMC 38.420.030.D. Cash donation in-lieu of parkland. Where a
cash donation or combination of cash and improvement donation has been accepted in-lieu
of on-site parkland by the City, the amount of the cash donation must be stated on the final
plat.
Where there will be a cash donation in-lieu of parkland dedication, plats of subdivision must
show the following certificate:
“Certificate accepting cash donation in-lieu of land dedication
Finding dedication of parkland within the platted area of the Park View Crossing Subdivision
would be undesirable for park and playground purposes, it is hereby ordered by the City
Commission of the City of Bozeman, that land dedication for park purposes be waived and
that cash-in-lieu, in the amount of _______________ dollars, and improvements-in-lieu with an
estimated value of $___________ , be accepted in accordance with the provisions of the Montana,
Subdivision and Platting Act (MCA 76-3-101 through 76-3-625) and the Bozeman Municipal
Code.
DATED this _______ day of _______, 20____.
_______________________
Signature
City of Bozeman Director of Parks and Recreation”
19. BMC 38.240.450 Improvements. This code requires a certificate of completion of
improvements. The certificate must specifically list all installed improvements and financially
guaranteed improvements.
20. BMC 38.240.450 and 38.240.520. Certificate of Completion of Improvements. The
Applicant is advised where non-public and/or public improvements are to be installed prior
to final plat approval, the final plat of the subdivision must contain a Certificate of Completion
for these improvements. Prior to final plat approval, Sheet One certificates must list all
completed and accepted improvements, as applicable.
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Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 18 of 44
21. BMC 38.240.510. Conditions of approval notifications and certifications. Separate
the Conditions of Approval Notifications and Certifications Certificate from the non-public
improvements certificate and match the language in this section of the BMC.
22. BMC 38.240.520 Certificate of completion of non-public Improvements. This code
requires a certificate of completion of non-public improvements. Certificate must specifically
list all installed improvements and financially guaranteed improvements.
23. BMC 38.240.530. Completion of water-related improvements. When irrigation of
public facilities are to be installed prior to final plat approval, the final plat of subdivision
must contain a certificate of completion of water-related improvements. The certificate must
list all completed and accepted improvements, including but not limited to all irrigation
system record drawings. This certificate must be provided on the final plat.
24. BMC 38.270.030. Completion of improvements. If it is the developer’s intent to file the
plat prior to the completion of all required improvements, an Improvements Agreement shall
be entered into with the City of Bozeman guaranteeing the completion of all improvements in
accordance with the preliminary plat submittal information and conditions of approval. If the
final plat is to be filed prior to the installation of all improvements, the developer shall supply
the City of Bozeman with an acceptable method of security equal to 150 percent of the cost of
the remaining improvements.
25. BMC 38.270.030. Completion of improvements. The Applicant must submit plans and
specifications for water and sewer main extensions, streets, and storm water improvements,
prepared and signed by a professional engineer (PE) registered in the State of Montana, which
must be provided to and approved by the City Engineer. Water and sewer plans must also be
approved by the Montana Department of Environmental Quality. The Applicant must also
provide professional engineering services for construction inspection, post-construction
certification, and preparation of Mylar record drawings. Construction shall not be initiated on
the public infrastructure improvements until the plans and specifications have been
approved and a preconstruction conference has been conducted. Building permits will not be
issued prior to City acceptance of the site infrastructure improvements unless all provisions
set forth in Section 38.270.030.C of the Bozeman Municipal Code are met to allow for
concurrent construction.
26. BMC 38.270.030.B.3. Completion of Improvements, Lighting. Subdivision lighting
must be installed or financially guaranteed prior to final plat approval. If a Subdivision
Lighting Improvement District (SLID) is utilized for the lighting the Subdivision, the SLID
information shall be submitted to the Clerk of Commission after Preliminary Plat approval in
hard copy and digital form. The final plat application will not be deemed complete until the
resolution to create the SLID has been approved by the City Commission.
27. BMC 38.270.090. Waiver of Park Maintenance District. Executed waivers of right to
protest the creation of special improvement districts (SIDs) for a park maintenance district
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Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 19 of 44
will be required to be filed and of record with the Gallatin County Clerk and Recorder, unless
already filed with annexation or prior development.
28. BMC 38.400.110.B.1, Transportation pathways. Developers must install
transportation pathways, to provide adequate multimodal transportation facilities within the
development as part of the required development improvements. Transportation pathways
must meet Americans with Disabilities Act (ADA) accessibility standards and include the
following types of facilities:
a. Sidewalks (also see 38.400.080.B and 38.510 for sidewalk standards, depending on the
applicable block frontage designation);
b. On-street bike lanes and bike routes;
c. Boulevard trails; and
d. Class I trails.
29. BMC 38.410.040. Blocks.
a. This subdivision includes a mid-block pedestrian crossing in-lieu of a street in order to meet
the Block length and width standards of 38.410.040.B and C. This mid-block crossing is
represented by the open space Lots OS-1 and OS-2. These lots must be delineated at their
corner pins in accordance with 38.410.040 to distinguish them from the abutting private lots.
b. With the final plat submittal, the Applicant shall provide design sections for the mid-block
pedestrian crossing Lots OS-1 and OS-2 as well as for the stub-out trail along that alignment
on the west side of Stokes Lane. These lots require 1 tree for every 50 feet per 38.550.050.D.
30. BMC 38.410.060.A. Easements. The final plat must provide all necessary utility and
public access easements and they must be described, dimensioned and shown on each
subdivision block of the final plat in their true and correct location. All written easements
indicated below must be provided on City standard easements templates. Drafts must be
prepared for review and approval by the City with the final plat submittal. Signed hard copies
of the easements must be submitted to the City Engineering Department. Recorded easement
numbers must be provided on the final plat prior to final plat approval. The Applicant may
contact the review engineer to receive the standard templates.
a. The Applicant must provide a ten foot wide utility easement (power, gas, communication,
etc.) along the development’s property frontage in accordance with the Bozeman Municipal
Code (BMC). The required 10-foot front yard utility easement required along the lots on
Vaquero Parkway, Stokes Lane and Tschache Lane must be recorded prior to final plat
approval.
b. The Applicant must provide a stormwater drainage easement over the proposed storm
water facility on Lot CA-1;
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Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 20 of 44
c. Prior to final plat approval, the Applicant shall record an irrevocable public access
easement on the two open space Lots OS-1 and OS-2A as well as the short stub-out connection
of this trail to the County Regional Park located on the west side of Stokes Lane; and
d. The Applicant is advised that all dedicated public easements must be recorded the City’s
standard template easement documents separate from the plat and the recorded document
number must be listed on the final plat. Easements will be deemed inadequate if they are not
in a final draft format (signatures are not required for the draft review). Easements must be
stamped by a licensed professional surveyor. In preparing signature blocks on any upcoming
documents, please use the following names: Jeff Mihelich, City Manager; Mike Maas, City
Clerk; Cynthia L. Andrus, Mayor. If a new member is established, the easement documents
must be updated.
31. BMC 38.410.120. Mail delivery. If mail delivery will not be to each individual lot within
the development, the developer shall provide an off-street area for a vehicle to pull out of the
vehicle or pedestrian travelway to access cluster mailboxes, in cooperation with the USPS. It
shall not be the responsibility of the City to maintain or plow any mail delivery area
constructed within a City right-of-way (ROW). If cluster boxes are used a dedicated area for a
vehicle to pull up and access the boxes outside of the ROW must be shown and labeled on the
final plat map.
32. BMC 38.410.130. Water rights. Compliance with BMC 38.410.130, Water Rights, shall
be met prior to final plat approval. The Applicant shall 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. The Applicant must
contact Griffin Nielsen with the City of Bozeman Engineering Department for any cash-in-lieu
of water rights determination.
33. BMC 38.410.080.H. Landscape amenities. Stormwater retention/detention facilities in
landscaped areas shall be designed as landscape amenities. They shall be an organic feature
with a natural, curvilinear shape. The facilities shall have 75 percent of surface area covered
with live vegetation appropriate for the depth and design of the retention/detention facility,
and be lined with native grasses, indigenous plants, wet root tolerant plant types and
groupings of boulders to create a functional yet, natural site feature.
34. BMC 38.550.070. Landscaping of public lands. In accordance with the requirements of
this section, installation by the developer of vegetative ground cover, boulevard trees, and
irrigation system in the public right-of-way boulevard strips on perimeter streets and in and
adjacent to City park lots and any open space lots is required prior to final plat approval or
must be financially guaranteed.
35. BMC 38.570.030. Street Lights. The Applicant shall construct street lights per the DSSP
and setup a special improvement lighting district (SILD) for maintenance of the lights with
the City Finance Department prior to final plat approval.
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Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 21 of 44
SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS
On November 19, 2021, the Development Review Committee (DRC) determined that the
application materials were adequate for continued review and found that application
conforms to standards and is sufficient for approval with conditions and code provisions.
The Recreation and Parks Department continues to work with the Applicant to enable him to
prepare a final parkland plan for this subdivision as described in Condition of Approval No. 2.
The Community Development Board, acting as the Planning Board, held a public hearing on
the application on December 20, 2021. The Planning Board is the advisory body to the City
Commission on this subdivision application. The Board, by a vote of 6 to 1, recommended
approval of the project with the conditions and code provisions outlined in this staff report.
The public hearing date for the City Commission consideration of this preliminary plat was
held on January 25, 2022 in the City Commission Chamber, 121 N Rouse Avenue at 6 PM and
was also held on Webex.
After the City Commission reviewed and considered the application materials, staff report,
advisory review board recommendations, public comment, and all the information presented,
they made individual findings and voted 3 to 0 to approve the motion to approve the
application (Mayor Andrus and Commissioner Coburn were absent). The Commission agreed
that the application met the criteria established by the Bozeman Municipal Code. Therefore,
the application was approved with conditions and applicable code provisions outlined in
these findings.
The City Commission’s review, deliberation and findings may be found under the linked
minutes and recorded video of the meetings located at this web page filed under the date
January 25, 2022:
https://www.bozeman.net/services/city-tv-and-streaming-audio
SECTION 6 - STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application
materials, State and Municipal codes, standards, and plans, public comment, and all other
materials available during the review period. Collectively, this information is the record of the
review. The following analysis is a summary of the completed review.
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Applicable Subdivision Review Criteria for City Advisory Board and City
Commission Action on a Preliminary Plat per Bozeman Municipal Code
(BMC) Sections 38.240.150.A.2. In considering applications for preliminary plat
subdivision approval under this title, the City Commission shall consider the following review
criteria.
1. BMC 38.240.150.A.2 and Montana Codes Annotated (MCA) Section 76-3-615,
Public comments or documents presented at or prior to the City Commission’s
consideration of a plat constitutes new information.
Staff Evaluation: No new information has been presented to the City Commission prior to
their January 25, 2022 decision. At that hearing, the staff report, staff presentation, and
Applicant representative presentation was entered into the record. In the staff report, public
comment received to date was described as follows:
2. BMC 38.240.150.B. 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 the Bozeman Municipal Code (BMC), the City's growth policy as
described in the Bozeman Community Plan, the Montana Subdivision and Platting Act and
other adopted state and local ordinances, including, but not limited to, applicable zoning
requirements.
Staff Evaluation: The Preliminary Plat meets these criteria as noted below on pages 24 to
36.
3. BMC 38.240.050.B.2. Consider written comments from appropriate public
agencies, utilities or other members of the public.
Staff Evaluation:
a. The Development Review Committee (DRC) reviewed this application and deemed it
adequate for further review and public notice on November 19, 2021.
b. The Community Development Board, acting as the Planning Board, reviewed this
application on December 20, 2021 and, by a vote of 6 to 1, recommended approval of the
preliminary plat with staff-recommended conditions and code provisions. The Board’s
recommendation did not include support of the Applicant’s sidewalk variance request.
Subsequent to the Board’s recommendation, on December 23, 2021, the Applicant withdrew
in writing his sidewalk variance request. It is noted that Condition of Approval No. 3 for this
Preliminary Plat requires a code-complying sidewalk along the west side of the new Stokes
Lane.
c. Public Comment.
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Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 23 of 44
(1) During the December 20, 2021 Community Development Board meeting, a neighbor of
the proposed subdivision called in to comment on the application and described his concern
with increased traffic and parking congestion along Vaquero Parkway due to the proposed
development.
(2) A December 21, 2021 Bozeman Daily Chronicle newspaper article about the December
20, 2021 Community Development Board meeting alerted a neighbor of the proposed
subdivision and this neighbor called the Community Development Department to express her
concern with potential loss of habitat for a local flock of Partridge birds who frequent the Site
and neighboring park. The application material for this project noted that there are not
Species of Concern located on or near the Site. Staff reviewed the Montana Natural Heritage
Program website listing of Species of Concern and found that Partridge birds are not a Species
of Concern and, therefore, the loss of 7-acres of habitat does not need to be mitigated.
Furthermore, several site visits by staff after the neighbor’s alerting to the presence of these
birds, did not reveal the birds on the Site. It is noted that these visits took place in winter and
the snow on the ground made it easy to see a brownish bird. Only Macaw birds have been
observed on the Site.
4. BMC 38.240.150.B.3. The City Commission shall 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;
(d.) Any relevant public comment; and
(e.) Individual phases, existing conditions, and changed circumstances for any phase
reviewed under 76-3-617 MCA.
Staff Evaluation:
(a) Please see code evaluations noted on pages 22 through 36.
(b) Please see code evaluations noted on pages 22 through 36.
(c) Please see the recommendations noted on pages 1 and 2;
(d) Please see the public comments noted above;
(e) The subdivision infrastructure and utilities would be built in a single phase.
4. BMC 38.240.170, Certification that water and waste services are to be provided.
Staff Evaluation: Per the Engineering Report for this subdivision, water and wastewater
improvements would be designed to meet City standards and, with the recommended
conditions of approval and code provisions, this subdivision would not significantly burden
City water or sanitary sewer infrastructure.
5. BMC 38.240.150.B, Features, including well isolation zones, do not encroach
onto private property.
Staff Evaluation: Please see the Surface Water discussion below.
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Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 24 of 44
38.240.150. D, Finding of Fact. Federal or state governmental entity input. If a federal,
BMC or state governmental entity submits a written or oral comment or an opinion regarding
wildlife, wildlife 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.
Staff Evaluation: No such comment was received for this application.
BMC 38.220.060, Documentation of Compliance with State and Local
Adopted Standards.
BMC 38.220.060 A. Staff offers the following summary comments on the information
required with BMC 38.220.060.
38.220.060. A.1. Surface Water. A small section of the Spring Ditch is located near the
northern property boundary and encroaches into the northern portion of the subdivision’s
stormwater easement. The original source of the Spring Ditch was believed to be from a
natural spring located south of what is now the County Regional Park. Currently the water is
collected underground (reportedly via a French drain system under Oak Street) and
discharged to a pipe located in the bottom of the man-made Spring Ditch channel. The channel
then flows north and crosses Baxter Lane. An existing irrigation easement (Doc. #2081799)
is also located within the Regional Park. The existing wetlands located along Spring Ditch are
shown on Sheets 1 and 2 of the Preliminary Plat as a wetlands boundary. The Spring Ditch or
any associated wetlands would not be altered in any way with the construction of this
development.
38.220.060. A.2 Floodplains. The portion of the Spring Ditch 100-year floodplain is located
within the Common Area Lot 1 (Lot CA-1) for the stormwater detention pond within of this
subdivision. Code Provision No. 6 would require the pond to be designed and built to assure
that it would not erode during a 100-year flood event.
38.220.060. A.3. Groundwater. Groundwater is known to be high in this area. The Applicant
provided GWIC monitoring wells to establish seasonal minimum and maximum groundwater
depths. Code Provision No. 3b prohibits lot owners from building basements and crawl spaces
due to high groundwater unless a certified engineer assures the City that no damage to
structures would occur.
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Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 25 of 44
38.220.060. A.4. Geology, Soils and Slopes. Geology and soils will likely be similar to those
encountered during the construction of Phases 4G & 4H of the Crossing 2 at Baxter Meadows
subdivision to the east of the Site. There are no known geologic hazards associated with this
property other than the regional designation of Seismic Zone 3. Conformance to relevant
building codes can mitigate this degree of potential hazard. No unusual construction
techniques are required due to geology, slopes, or soil types other than appropriate seismic
design standards common throughout the Gallatin Valley. Significant slopes are not
anticipated. The NRCS soils report was included with this preliminary plat submittal.
Wetlands near Spring Ditch have been delineated and its lines are shown on the Preliminary
Plat and would be shown on the final plat.
38.220.060. A.5. Vegetation. The property has been vacant for several years and has not
been used agriculturally in the recent past. The property is adjacent to the Gallatin County
Regional Park to the west, the Bozeman Fire Station No. 3 to the south, and residential
development on all other sides. No known critical plant communities have been located on
the property. After development, the majority of vegetation will be lawn, shrubs, and
boulevard trees typical of residential subdivisions. Per Code Provision No. 4, an approved
weed management plan must be provided with the final plat submittal and recorded prior to
approval of the final plat and the subdivision CC&R document must clarify that the HOA is
responsible for implementing and enforcing the weed management plan.
38.220.060. A.6. Wildlife. No animals listed under the “Animal Species of Special Concern”,
(Montana Natural Heritage Program, Helena, 2003) have been observed or are known to
occupy the property. Habitat most suitable for wildlife includes the area around the Spring
Ditch that will not be developed.
38.220.060. A.7. Agriculture. Due to development in the area, no agricultural practices have
been performed on the property for several years.
38.220.060. A.8 Agricultural Water User Facilities. The Spring Ditch agricultural facility
will continue to flow and the existing irrigation easement located completely within the
County Regional Park would not be abandoned or altered with this project.
38.220.060. A.9. Water and Sewer. Per the Engineering Report for this subdivision, water
and wastewater improvements would be designed to meet City standards and, with the
recommended conditions of approval and code provisions, this subdivision would not
significantly burden City water or sanitary sewer infrastructure.
38.220.060. A.10. Stormwater Management. The subdivision would not significantly
impact stormwater infrastructure. The stormwater systems would be designed to meet City
standards and would be maintained by the Park View Crossing HOA [see Conditions of
Approval No. 8 and 7 (k)].
38.220.060. A.11. Streets, Roads and Alleys. The subdivision would not significantly
impact the City’s street infrastructure. A single “loop” road called Stokes Lane would serve
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Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 26 of 44
the subdivision accessed from Vaquero Parkway and an extension of Tschache Lane into the
subdivision from the intersection with Vaquero Parkway.
The new Stokes Lane loop road would have the following characteristics:
- 60-foot right-of-way
- 33 feet from back of curb to back of curb
- Standard City of Bozeman curb and applicable curb returns with the exception of a sidewalk
along the western side of Stokes Lane which would be substituted by an existing shared-use
path/trail within the County Regional Park along this same alignment.
A new privately maintained alley ROW bisects the subdivision in a north/south orientation
and would have the following characteristics:
- 30-foot public access easement
- 16-foot paved width
- Inverse crown (without curb and gutter).
This subdivision is not expected to adversely affect existing public land access. Access to the
public lands of the County Regional Park and Dinosaur Park currently exist on Oak Street and
at the Bozeman’s Firehouse No. 3. Furthermore, the Applicant would install a paved 10-foot
wide shared-use pathway on the western side of Vaquero Parkway to provide trail/park
connectivity for the community. This shared-use path would connect to and through the
subdivision via Open Space Lots 1 and 2 and a short stub pathway on the west side of Stokes
Lane to the 97-acre Gallatin County Regional Park property line.
38.220.060. A.12. Non-Municipal Utilities. This subdivision would not significantly impact
non-municipal utilities. Standard 10-ft utility easements would be provided across all lots. All
private utilities are available in the area to serve this subdivision.
38.220.060. A.13. Land Use. This subdivision is consistent with residential land uses
allowed by the underlying R-3, Medium-density Residential zoning; specifically, the
development of duplex, triplex and fourplex dwelling units are principal permitted uses
within the R-3 district. The R-3 district requires a minimum density of 5 dwelling units per
net -acre. The net -acreage of this 7-acre property excludes 2.93-acres of unbuildable lands of
streets, open space lots and the stormwater common area lot. This 4.07 net-acre, 44-
residential lot subdivision would more than double the minimum required density of 20
dwelling units. The townhome lots are allowed at 3,000 square feet (sf) per dwelling unit lot
and the duplex lot is allowed at 2,500 sf per lot. The 4.07-net-acre, 44 dwelling unit
subdivision provides 74 percent of the maximum density allowed in the R-3 zone for
townhome dwelling units. The maximum density for this 4.07-acre subdivision would be 59
townhomes or 71 duplex dwelling units, depending on what type of residential structure is
built.
The proposed residential use would not adversely affect adjacent land uses in the area.
Existing land uses bordering the east and north sides of the Park View Crossing property are
residential, predominantly single-household detached dwelling units with some apartment
buildings. The properties bordering the south and west are part of a Gallatin County Regional
Park and are in public use, including a Fire Department Station and trail heads for the park.
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Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 27 of 44
The subdivision must provide a sidewalk and two open space lots which link Vaquero
Parkway ROW to a new shared-use path/trail within the County Regional Park to the west.
Two Open Space Lots, OS-1 and OS-2, serve as mid-block crossings for pedestrian and
bicyclist and equate to 0.05-acres or 0.71% of the total area. One 0.29-acre lot serves as a
Common Area Lot 1 stormwater drainage pond representing 4.14% of the land area. The
streets equate to 2.59.64-acres or 37% of the total area. The residential lots total 4.07 net-
acres and represent 58.14% of the 7-acre property.
Access to the abutting County Regional Park would be enhanced by the development via
sidewalks, the east-west mid-block open space lots extending pedestrian and bicycle access
from Vaquero Parkway to the park property line. Both open space lots within the subdivision
would be open to the public and easily accessible and would be landscaped and provided with
trees and a minimum 5-foot wide sidewalk.
No hazards or nuisances are expected to be created by the development. Safety issues related
to construction activity would be effectively controlled by City standards for construction
management practices.
38.220.060. A.14. Parks and Recreation Facilities. The Applicant seeks to satisfy Parkland
requirements with a combination of cash-in-lieu and off-site trail corridor improvements. The
Applicant requests to provide cash-in-lieu of parkland because there is a publicly-accessible
97-acre Gallatin County Regional Park abutting the subdivision to the west. The Applicant
would provide a shared-use path along the subdivision’s eastern frontage, within the Vaquero
Parkway ROW, as part of this parkland in-lieu requirement. The Applicant is continuing
negotiations with the Parks Department to satisfy the parkland requirement of this
subdivision. Per Condition of Approval No. 2, those agreements would be finalized prior to
submittal of a final plat application.
38.220.060. A.15. Neighborhood Center Plan. Neighborhood centers are required for
subdivisions of 10-acres or more per 38.410.020. This subdivision is 7-acres and, therefore,
exempt from this requirement. However, the County Regional Park abuts the subdivision
along its western frontage.
38.220.060. A.16. Lighting Plan. The preliminary street lighting plan is in accordance with
the requirements of the BMC. Four street light fixtures are proposed with this development,
each light spacing and design would meet City of Bozeman Design Standards and
Specifications Policy. Per Code Provision No. 32, the Applicant is required to request the
formation of a special improvement lighting district (SILD) for the district property owners,
typically the HOA, to pay the costs of operation and maintenance of street light fixtures
associated with this subdivision.
38.220.060. A.17. Miscellaneous. Not applicable.
38.220.060. A.18. Affordable Housing. The Applicant does not propose the inclusion of
affordable housing meeting the provisions of BMC Section 38.380 and, due to the passage of
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Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 28 of 44
State law HB 259 by the 2021 State Legislature resulting in the provisions of MCA Section
76.3.514, the affordable housing provisions of 38.380.030 do not apply to this subdivision.
Montana Code Annotated (MCA) 2021, Title 76. Land Resources and Use.
1. Compliance with the survey requirements of Part 4, Section 76-3-402 of the
Montana Subdivision and Platting Act.
a. The Preliminary Plat has been prepared in accordance with the survey requirements of the
Montana Subdivision and Platting Act by a Professional Engineer registered in the State of
Montana. A Subdivision Exemption lot line adjustment with the County Regional Park lands
has been approved per Project No. 20312 but has not been recorded. This lot line adjustment
is a result of a “land swap” with Gallatin County to adjust access to the northern portions of
the park and the stormwater pond common area lot (CA-1) of this subdivision. Per Condition
of Approval No.4, the approved Subdivision Exemption lot line adjustment plat map must be
recorded with the Gallatin County Clerk and Recorder prior to approval of the final plat for
this subdivision.
Also outlined in Code Provision No. 1, the final plat must comply with State statute,
Administrative Rules of Montana, and the Bozeman Municipal Code (BMC). A Condition of
Approval sheet must be included with the final plat and updated with any additional required
notations as required by these Preliminary Plat conditions or code provisions.
2. Compliance with the local subdivision regulations as provided for in Part 5 of
the Montana Subdivision and Platting Act per BMC 38.240.130.A.5.e (1) Criteria, (b).
The final plat must comply with the standards identified and referenced in the BMC. The
Applicant is advised that unmet code provisions, or code provisions that are not specifically
listed as a condition of approval, does not, in any way, create a waiver or other relaxation of
the lawful requirements of the Bozeman Municipal Code or State law. Sections 3 and 4 of this
report identify conditions and code corrections necessary to meet all regulatory standards.
Staff recommends Conditions of Approval No. 1 through 6 and Code requirements 1 through
35 to address necessary documentation and compliance with adopted standards. Therefore,
upon satisfaction of all recommended conditions and applicable code corrections, the
subdivision would comply with local subdivision regulations.
3. The provision of easements to and within the subdivision for the location and
installation of any necessary utilities per BMC 38.410.060.
Code Provision Numbers 2 and 30 require that all easements, existing and proposed, must be
accurately depicted and addressed on the final plat and in the final plat application. Public
utilities must be located within dedicated street right of ways. Utility easements need to be
provided and granted with the final plat in accordance with public and private design
standards.
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Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 29 of 44
4. The provision of legal and physical access to each parcel within the subdivision
per BMC 38.240.130.A.5.e (1) Criteria, (d).
Access to the property is from Vaquero Parkway which is a City-owned and maintained road.
Tschache Lane is being extended into the subdivision from Vaquero Parkway and would be a
City- owned and maintained road. The new loop road, Stokes Lane, would be dedicated to the
City for ownership and maintenance. An alley ROW would bisect the subdivision in a north-
south orientation and would be dedicated to the City although it is required to be privately-
maintained by the subdivision HOA per Code Provisions 3c and 11b.
5. Compliance with the local subdivision review procedures provided for in Part 6
of the Montana Subdivision and Platting Act.
The application was initially received on May 19, 2021 and was deemed inadequate for
further review. Revised application materials were received on June 30, August 25, and
November 19, 2021. The City deemed the application adequate for review on November 19,
2021. A public hearing was held by the Community Development Board on December 20,
2021 and the City Commission hearing was held on January 25, 2022 after the Applicant
requested in writing a postponement from the originally-scheduled hearing for January 11,
2022.
The hearings before the Community Development Board and City Commission have been
properly noticed as required by the BMC. Based on the recommendation of the Development
Review Committee (DRC) and other applicable review agencies, as well as any public
testimony received on the matter, the Community Development Board, acting as the Planning
Board per 38.240.130.A.3.b, must forward a written recommendation to the City Commission
who will make the final decision on the Applicant’s request, per 38.240.130.A.5.c. The staff
report for the January 25, 2022 City Commission hearing presented the Community
Development Board’s written recommendation to the Commission on this application. That
recommendation was for conditional-approval with the staff-recommended conditions and
code provisions.
The final decision for a Major Subdivision Preliminary Plat with less than 50 lots must be
made within 60 working days of the date it was deemed adequate (November 19, 2021).
Pursuant to BMC 38.240.130.A.5.a.4, the City Commission shall approve, conditionally
approve or deny the subdivision application by January 19, 2021 unless there is a written
extension from the developer, not to exceed one year. The Applicant requested a continuance
of the City Commission’s consideration of this application to the January 25, 2021 meeting
due to a previously unforeseen conflict with the Commission’s scheduling of cases on that
date.
Public notice for this application was given as described in Appendix B beginning on
December 3, 2021 and ending on December 16, 2021. As of the date of this report, there were
two public comments received; both after this public notice period. They are:
(1.) During the public comment period of the December 20, 2021 Community Development
Board meeting, a neighbor called in to express concern with (1) potential double-parking by
park visitors along Vaquero Parkway; (2) concern with increased traffic congestion on
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Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 30 of 44
Vaquero Parkway due to the proposed development; and (3) objection to the sidewalk
variance request due to lack of “undue hardship” to the Applicant who wants to avoid the cost
of installing the concrete sidewalk.
The Community Development Board proceedings may be viewed here under the date
December 20, 2021: https://www.bozeman.net/services/city-tv-and-streaming-audio
(2.) On December 22, 2021, another neighbor of the Site called our office to express concern
that the increased number of residents of the subdivision would negatively affect a flock of
partridge birds whose habitat includes the Site and the neighboring park. She asked if an
environmental impact study had been conducted to identify the impact to these birds and
their habitat. She stated that neighbors of the area delight in seeing the flock of partridges
wander about the area. Staff explained that Montana subdivision law requires Applicants to
provide information about wildlife and habitat that may be affected by the subdivision and
this information was provided and can be found in the Community Development Board staff
report which was sent to her. In response, staff researched the Montana Natural Heritage
Species of Concern and Potential Species of Concern lists and the partridge species of birds is
not listed therein [Please see 38.220.060.A.6, Wildlife subsection on page 26 of this report].
On December 27, 2021, the staff report for this Park View Crossing Major Subdivision
Preliminary Plat application was completed and forwarded with a recommendation for
consideration by the City Commission. Based on the recommendation of the DRC and other
applicable review agencies, as well as any public testimony received on the matter, the
Community Development Board forwarded their written recommendation via that staff
report to the City Commission who made the final decision on the application on January 25,
2022.
8. Compliance with Chapter 38 of the Bozeman Municipal Code (BMC) and other
relevant regulations.
a. The final plat must comply with the standards identified and referenced in the BMC. The
Applicant is advised in Code Provision No. 1 that unmet code provisions, or code provisions
that are not specifically listed as a condition of approval, does not, in any way, create a waiver
or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law.
b. Sections 3 and 4 of this report identify staff-recommended conditions of approval and
applicable code corrections necessary to meet all regulatory standards. It is expected that
upon satisfaction of all 6 conditions of approval and 35 code provisions, the subdivision
would comply with local subdivision regulations, meeting this criterion.
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Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 31 of 44
Primary Subdivision Review Criteria, Montana Code Annotated (MCA)
Section 76-3-608. Criteria for local government review.
(1) The basis for the governing body's decision to approve, conditionally approve, or deny
a proposed subdivision is whether the subdivision application, preliminary plat, applicable
environmental assessment, public hearing, planning board recommendations, or additional
information demonstrates that development of the proposed subdivision meets the
requirements of this chapter. A governing body may not deny approval of a proposed
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
under 76-13-145.
Staff Comment: The proposed preliminary plat, when satisfying the 6 conditions of
approval and 35 code provisions, would meet the requirements of MCA 76-3-608. It is
expected that the nearby Meadowlark and Emily Dickinson Elementary Schools, the Chief
Joseph Middle School and the Gallatin High School would serve students residing in the
proposed subdivision with no adverse impacts to capacity. The Site is not designated a
wildland-urban interface parcel.
(2) The governing body shall issue written findings of fact that weigh the criteria in
subsection (3), as applicable.
Staff Comment: Section 7 of this report, found on pages 36 to 38, represent these Findings of
Fact and Order.
(3) A subdivision proposal must undergo review for the following primary criteria:
(a) except when the governing body has established an exemption pursuant to
subsection (6) or except as provided in 76-3-509, 76-3-609(2) or (4), or 76-3-616, the
specific, documentable, and clearly defined impact on agriculture, agricultural water user
facilities, local services, the natural environment, wildlife, wildlife habitat, and public health
and safety, excluding any consideration of whether the proposed subdivision will result in a
loss of agricultural soils;
(b) compliance with:
(i) the survey requirements provided for in part 4 of this chapter;
(ii) the local subdivision regulations provided for in part 5 of this chapter; and
(iii) the local subdivision review procedure provided for in this part;
(c) the provision of easements within and to the proposed subdivision for the location
and installation of any planned utilities; and
(d) the provision of legal and physical access to each parcel within the proposed
subdivision and the required notation of that access on the applicable plat and any instrument
of transfer concerning the parcel.
Staff Comment: Compliance with these elements and criteria are discussed on pages 25
through 28.
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Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 32 of 44
(4) The governing body may require the subdivider to design the proposed subdivision
to reasonably minimize potentially significant adverse impacts identified through the review
required under subsection (3) but may not require a set-aside of land or monetary
contribution for the loss of agricultural soils. Pursuant to 76-3-620, the governing body shall
issue written findings to justify the reasonable mitigation required under this subsection (4).
Staff Comment: The subject property has lain fallow for several years and is no longer in
agricultural use and, therefore, there are no adverse impacts to agricultural soils as a result
of residential development of the Site.
(5) (a) In reviewing a proposed subdivision under subsection (3) and when requiring
mitigation under subsection (4), a governing body may not unreasonably restrict a
landowner's ability to develop land, but it is recognized that in some instances the impacts of
a proposed development may be deemed unmitigable and will preclude approval of the
subdivision.
Staff Comment: The six conditions of approval placed on this preliminary plat will not restrict
the owner’s development of the Site.
(b) When requiring mitigation under subsection (4) and consistent with 76-3-620, a
governing body shall consult with the subdivider and shall give due weight and consideration
to the expressed preference of the subdivider.
Staff Comment: Under subsection 4 above, there is no loss of agricultural soils and, therefore,
no mitigation required.
(6) A governing body may conditionally approve or deny a proposed subdivision as a
result of the water and sanitation information provided pursuant to 76-3-622 or public
comment received pursuant to 76-3-604 on the information provided pursuant to 76-3-
622 only if the conditional approval or denial is based on existing subdivision, zoning, or
other regulations that the governing body has the authority to enforce.
Staff Comment: As noted on page 26, water and sanitary sewer service would be provided to
the subdivision by the City of Bozeman and this service would not significantly burden City
water or sanitary sewer infrastructure.
(7) A governing body may not require as a condition of subdivision approval that a
property owner waive a right to protest the creation of a special improvement district or a
rural improvement district for capital improvement projects that does not identify the
specific capital improvements for which protest is being waived. A waiver of a right to protest
may not be valid for a time period longer than 20 years after the date that the final subdivision
plat is filed with the county clerk and recorder.
Staff Comment: The special improvement district (SID) waivers noted in Condition of
Approval No. 6, found on page 11, follow City of Bozeman Resolution 5076, Policy 1 and are
specifically pertinent to the development of this property and this subdivision.
(8) A governing body may not approve a proposed subdivision if any of the features and
improvements of the subdivision encroach onto adjoining private property in a manner that
is not otherwise provided for under chapter 4 or this chapter or if the well isolation zone of
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Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 33 of 44
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.
Staff Comment: A small section of the existing Spring Ditch agricultural irrigation facility
is located near the northern boundary of this subdivision and encroaches into the northern
portion of the subdivision’s stormwater easement. The Spring Ditch would not be altered
with the development of this subdivision [see Surface Water discussion on page 25].
(9) If a federal or state governmental entity submits a written or oral comment or an
opinion regarding wildlife, wildlife 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 76-3-620 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 shall disclose that the entity has been involved in that effort prior to
submitting a comment, an opinion, or information as provided in this subsection.
Staff Comment: No federal or state governmental entity has commented on this
subdivision proposal.
(10) Findings of fact by the governing body concerning whether the development of the
proposed subdivision meets the requirements of this chapter must be based on the record as
a whole. The governing body's findings of fact must be sustained unless they are arbitrary,
capricious, or unlawful.
Staff Comment: These findings are noted in Section 7 of this report on pages 36 to 38.
MCA 76.3.608(3)a. Effects on local services, the natural environment,
wildlife and wildlife habitat, and public health and safety, 38.240.130.A.5.e
(1) e.
(3) The effect on local services.
Water/Sewer – Water and sewer systems exist to serve the subdivision. The Applicant
proposes to extend water and sewer mains to the subdivision. Code Provision No. 25 requires
the Applicant to submit plans for water and sewer main extensions, approved by the Montana
Department of Environmental Quality, to be reviewed by the City. Code Provision No. 2
requires a City standard sewer easement where the sewer system is located. Building permits
would not be issued prior to City acceptance of site infrastructure improvements, unless
concurrent construction is requested and conditions allow.
Water rights exist for the subject property. The Applicant proposes to transfer to City
ownership existing water rights as outlined in Code Provision No. 5.
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Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 34 of 44
Streets – The 2020 Bozeman Community Plan/Growth Policy and subdivision standards
require adequate connectivity of a development to the street grid. Access to the Site would be
taken from Vaquero Parkway, a designated local street. A new Stokes Lane would provide
access from Vaquero Parkway along with a westward extension of Tschache Lane into the
subdivision. An internal north-south alley bisecting the subdivision would be a publicly-
accessible yet privately-maintained alley as outlined in Code Provision No. 3g.
BMC 38.400.080, Sidewalks adjacent to public lands. This requires a sidewalk along the
western side of the new Stokes Lane as it abuts a public park. Condition of Approval No. 3
requires the final plat to show a City-standard sidewalk meeting this code provision. This BMC
standard and Condition of Approval No. 1 would implement the City Community Plan/Growth
Policy N-1.8 which states: “Install, replace and maintain missing or damaged sidewalks, trails
and shared use paths.”
Walkability, Transit and Bikeability. This subdivision provides a sidewalk along the extension
of Tschache Lane, along Stokes Lane, and provides a mid-block crossing pathway within the
open space Lots OS-1 and OS-2. Not shown on Sheet 2 of the Preliminary Plat, but required by
Condition of Approval No. 3, is a City-standard sidewalk along the west side of Stokes Lane,
as required by the following BMC standards.
Sec. 38.400.050. - Street and road right-of-way width and construction standards.
A. All streets and roads providing access to, and within, the proposed development must meet
the following standards:
1. Right-of-way width and construction standards contained in this chapter: the most recently
adopted long range transportation plan; the City of Bozeman Design Standards and
Specifications Policy; and the City of Bozeman Modifications to Montana Public Works
Standard Specifications.
Stokes Lane must meet the local street section and include sidewalk, boulevard, and street
trees on both sides of the street.
Sec. 38.400.080.B – Sidewalks adjacent to public lands. The developer must install sidewalks
adjacent to public lands, including, but not limited to, parks, open space, and the intersection
of alleys and streets or street easements. Applicable sidewalks and development frontages
adjacent to public lands are subject to the provisions of section 38.510.030.I. Therefore, a 6-
foot wide sidewalk is required on the west side of Stokes Lane per Condition of Approval No.
3.
The Community Plan/growth policy encourages development to be walkable, which is
defined in the Plan’s Appendix F Glossary as: Walkable. A walkable area has:
• A center, whether it’s a main street or a public space.
• People: Enough people for businesses to flourish and for public transit to run frequently.
• Parks and public space: Functional and pleasant public places to gather and play.
• Pedestrian design: Buildings are close to the street, parking lots are relegated to the back.
• Schools and workplaces: Close enough that walking to and from home to these destinations is
realistic.
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Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 35 of 44
• Complete streets: Streets designed for bicyclists, pedestrians, and transit.
With the complexity of features needed to create a walkable environment, no one Site is likely
to provide all the needed elements. The additional density of the proposed subdivision in this
area is expected to help provide for element two above--to support public transit in in the
area.
Looking at the private, proprietary algorithm of WalkScore.com, the Site was given a Walk
Score of 21 out of 100 which denotes that the Site and area are car-dependent. It has a Transit
score of 19, which denotes minimal transit service, and a Bike Score of 41, which denotes that
the area is “somewhat bikeable” according to the WalkScore.com algorithms.
However, this algorithm walk, transit and bike score may not know the local assets in the area
and there is no contact information on the website for staff to inquire as to how recent their
data is for this area, or for the City.
There is a Streamline “Brown line” bus stop at Oak at the County Regional Park.
There are bicycle lanes surrounding the area on Davis Lane, Oak Street, Baxter Lane and
Ferguson Avenue. A north-south bike route is located one block east on Hunters Way.
The 2017 Bozeman Transportation Master Plan shows a recommended $250,000 bike path
improvement (SP-16) which would extend bike travel lanes or a shared use path along
Tschache Lane from Davis Lane west to N. 27th Avenue linking to other north-south facilities.
There would be a shared use path along Vaquero Parkway installed by the Applicant and there
are nearby shared use paths along Oak Street and Ferguson Avenue.
Average walk score for the City as a whole was given a 48 out of 100. Again, these values are
provided by Walk Score, a private organization which presents information on real estate and
transportation through walkscore.com. A score is not an indication of safety or continuity of
services or routes. Scores are influenced by proximity of housing, transit, trails, commerce
and services and expected ability, as determined by the algorithm, to meet basic needs
without using a car. There are no adopted BMC development standards relating to the walk
score.
A traffic impact summary was provided with the application and it found that the
infrastructure that exists and is proposed for the project would adequately service the
development and no upgrades were proposed for any nearby intersections.
Police/Fire – The area of the subdivision is within the service area of both these departments.
No concerns regarding service availability have been identified.
Stormwater - The subdivision must construct storm water management and water quality
facilities conforming to standards of the Bozeman Municipal Code. The maintenance of the
stormwater facilities are the responsibility of the Home Owners’ Association (HOA) as
outlined in Code Provisions Numbers 3a and 6. Inspection of installed facilities prior to final
plat will verify that standards have been met.
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Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 36 of 44
Parklands – The Applicant has asked to provide both cash-in-lieu and improvements-in-lieu
contributions in-lieu of providing parkland within the subdivision as required by BMC 38.420.
Per conversations with the City of Bozeman Parks and Recreation Department (PARKS), a 10-
foot wide paved shared-use pathway would be installed by the Applicant within the Vaquero
Parkway right of way (ROW), located immediately east of the platted subdivision area, and
would extend from the property’s northern boundary to the southern boundary. As part of
this Improvements-in-lieu agreement, the shared use path may be further installed by the
Applicant from Baxter Lane to Davis Lane. This has been discussed by PARKS as the ideal
location for a shared-use pathway providing connectivity and access to the County Regional
Park abutting the subdivision to the west through (1) the sidewalks within the subdivision;
(2) through the mid-block crossing Open Space Lots OS-1 and OS-2; (3) to a stub-out concrete
pad at the park’s eastern boundary on the same plane/alignment as the OS lots.
This offer would be part of a combined cash- and improvements-in-lieu to satisfy their
parkland requirement for the 44 new dwelling units. As the coordination of parkland
contributions is ongoing with PARKS, the shared use path surfacing and exact locations and
extents of the path improvements have yet to be finalized and, per Condition of Approval No.
2, details of this path must be finalized and submitted for City review and approval with the
final plat application.
(4) The effect on the natural environment.
No significant negative impacts to the natural environment have been identified. The
stormwater pond of Lot CA-1 at the northern end of the subdivision would be designed to
ensure that stormwater would not adversely affect the Spring Ditch irrigation ditch and
associated flora and fauna thereon.
The Site is in a potential area of high groundwater which may negatively impact future
structures or cause illicit discharges into the sanitary sewer and over burden the surface
drainage system. Code Provision No. 3b prohibits crawl spaces or basement without first
consulting a professional engineer certified in the State of Montana who would certify that
groundwater would not harm these structures. This requirement will protect both future
structure owners from future hazards of flooding and lessen burdens on the public from illicit
discharges.
BMC 38.550.070, Landscaping of public lands. This requires use of wells or surface water
rights to irrigate right-of-way boulevard greens, parks and open spaces rather than municipal
water supply.
(5) The effect on wildlife and wildlife habitat.
No animals listed under the “Animal Species of Special Concern”, (Montana Natural Heritage
Program, Helena, 2003) have been observed or are known to occupy the property. Habitat
most suitable for wildlife includes the area around the Spring Ditch that will not be developed.
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Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 37 of 44
(6) The effect on public health and safety.
With the recommended conditions of approval and required plat corrections, the subdivision
is not expected to adversely impact public health and safety. The intent of the regulations in
Chapter 38 of the Bozeman Municipal Code (BMC) is to protect the public health, safety and
general welfare. The subdivision has been reviewed by the DRC which has determined that it
is in general compliance with the BMC standards with recommended conditions and code
provisions. Conditions deemed necessary to ensure compliance have been noted throughout
this staff report. Code Provision No. 1 requires full compliance with all applicable State and
BMC code requirements.
All subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, Montana Code
Annotated (MCA) and as a result, the Department of Community Development has reviewed
this application against the listed criteria and further provides the following summary from
Applicant submittal materials and code requirements. It is noted that all infrastructure would
meet City standards.
SECTION 7 – FINDINGS OF FACT, ORDER, AND APPEAL PROVISIONS
A. PURSUANT to Chapter 38, Article 2, BMC, and other applicable sections of Chapter 38,
BMC, public notice was given, opportunity to submit comment was provided to
affected parties, and a review of the preliminary plat described in these findings of fact
was conducted.
B. The purposes of the preliminary plat review were to consider all relevant evidence
relating to public health, safety, welfare, and the other purposes of Chapter 38, BMC;
to evaluate the proposal against the criteria and standards of Chapter 38 BMC, BMC;
and to determine whether the plat should be approved, conditionally approved, or
denied.
C. The matter of the preliminary plat application was considered by the City Commission
at a public hearing on January 25, 2022 at which time the Department of Community
Development Staff reviewed the project, submitted and summarized the conditions of
approval, clarified unresolved issues and summarized the public comment submitted
to the City prior to the public hearing.
D. The owner and Applicant of this preliminary plat, Campeche Shores Development
Company, LLC. Is represented by Hyalite Engineering and Mr. Brett Megaard who, on
behalf of the owner/applicant, acknowledged understanding and agreement with the
recommended conditions of approval and code provisions.
E. The City Commission requested public comment at the public hearing on January 25,
2022 and no members of the public offered testimony on the proposed subdivision.
F. It appeared to the City Commission that all parties and the public wishing to examine
the proposed preliminary plat and offer comment were given the opportunity to do so.
After receiving the recommendation of the relevant advisory bodies established by
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Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 38 of 44
Section Chapter 38, BMC, and considering all matters of record presented with the
application and during the public comment period defined by Chapter 38, BMC, the
City Commission has found that the proposed preliminary plat would comply with the
requirements of the Bozeman Municipal Code if certain conditions were imposed.
Therefore, being fully advised of all matters having come before her regarding this
application, the City Commission makes the following decision.
G. The preliminary plat has been found to meet the criteria of Chapter 38, BMC, and is
therefore approved, subject to the conditions listed in Section 3 of this report and the
correction of any elements not in conformance with the standards of the Chapter
including those identified in Section 4 of this report. The evidence contained in the
submittal materials, advisory body review, public testimony, and this report, justify
the conditions imposed on this development to ensure that the final site plan and
subsequent construction complies with all applicable regulations, and all applicable
criteria of Chapter 38, BMC.
H. This City Commission order may be appealed by bringing an action in the Eighteenth
District Court of Gallatin County, within 30 days after the adoption of this document
by the City Commission, by following the procedures of Section 76-3-625, MCA. The
preliminary approval of this single phased major subdivision shall be effective for two
(2) years from the date of the signed Findings of Fact and Order approval for this
single-phase subdivision. At the end of this period the City may, at the request of the
subdivider, grant an extension to its approval by the Community Development
Director for a period of mutually agreed upon time.
DATED this ______ day of ___________, 2022
BOZEMAN CITY COMMISSION
____________________________
Cynthia L. Andrus
Mayor
ATTEST
_______________________
Mike Maas
City Clerk
50
Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 39 of 44
APPROVED AS TO FORM:
___________________________
GREG SULLIVAN
City Attorney
51
Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 40 of 44
APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY
Project Site Zoning. The subject property is zoned R-3, Medium-density Residential District.
The property was annexed into the City in 2001 by Resolution No. 3487. Records indicating
when the property was given the R-3 zoning are unclear but by 2010, the Site was zoned R-3.
Figure 5: R-3 zoning for the subject property and PLI zoning for the County Park
The intent of the R-3 residential medium density district is to provide for the development of
one- to five-household residential structures near service facilities within the city. This
purpose is accomplished by:
1. Providing for minimum lot sizes in developed areas consistent with the established
development patterns while providing greater flexibility for clustering lots and mixing
housing types in newly developed areas.
2. Providing for a variety of housing types, including single household dwellings, two to four
household dwellings, and townhouses to serve the varied needs of households of different
size, age and character, while reducing the adverse effect of non-residential uses.
Use of this zone is appropriate for areas with good access to parks, community services
and/or transit.
R-3
PLI
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Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 41 of 44
Staff Findings: This subdivision is located next to a regional park. The Streamline Brown Line
bus route has a stop at the regional park along W. Oak Street. The Subdivision would provide
lots for duplex, triplex and fourplex townhome dwelling units offering a mix of lot sizes.
Adopted Growth Policy Designation: The Future Land Use Map of the Bozeman Community
Plan designates the subject property to develop as “Parks and Open Space Lands” (green color
on map). This is deemed a “Scribner’s error” or a mistake on our 2020 Community Plan land
use map, as the property is zoned R-3, Medium-density Residential and is surrounded by
lands designated the “Urban Neighborhood” land use category. The zoning designation of R-
3 District for this property confers to the owner the right to develop the land according to the
uses and standards allowed by that R-3 District. The zoning surpasses the land use
designation. When the Community Plan Future Land Use Map (FLUM) is next updated, this
error will be corrected to reflect the correct designation of “Urban Neighborhood” for this
Site.
Figure 6: 2020 Community Plan Future Land Use Map of Site
The Urban Neighborhood category (tan color on map) 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,
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Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 42 of 44
and some neighborhood-serving commerce provide activity centers for community gathering
and services.” “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.”
Staff Findings: The proposed subdivision would provide a mix of lot sizes and a mix of housing
types which are consistent with the Urban Neighborhood land use category and the
Community Plan/growth policy goals and objectives. In particular, the mix of lot sizes and
housing types would provide the mix of housing in this generally single-household
neighborhood that addresses the objective that “Large areas of any single type of housing are
discouraged.”
Applicant’s Narrative. The following is a description by the Applicant as to the subdivision’s
compliance with applicable Community Plan policies and objectives.
“The Park View Crossing Subdivision has been carefully designed in conformance with the
Bozeman Community Plan 2020. As a planned residential community, it is consistent with the Plan
Themes and community-derived desired outcomes; specifically:
“Theme 2: A City of Unique Neighborhoods”
Goal N-1: Support well-planned, walkable neighborhoods.
Park View Crossing will provide residents easy access to the neighboring park, while also being
centrally located within the city and having multi-modal access to public transportation. A shared
use pathway will be constructed along the west side of Vaquero Parkway that will provide park
connection from the northern property boundary to the southern edge of the property. Sidewalks
will also be provided throughout the development.
Goal N-2: Pursue Simultaneous emergence of commercial nodes and residential development
through diverse mechanisms in appropriate locations.
The proposed subdivision will be the last of its kind in the vicinity, as it is surrounded by existing
residential development on three sides and the County Regional Park on its fourth.
Goal N-3: Promote a diverse supply of quality housing units.
The townhomes constructed with the development will range from 4-plex to duplex units with
individual lot sizes ranging from 7,600 sq. ft. to 2,800 sq. ft. This will provide residents with a
variety of home choices while retaining the affordability of the individual units.
Goal N-4: Continue to encourage Bozeman’s sense of place.
The neighborhood will be sought after as it will provide more multifamily housing near the widely
known and frequented County Park while maintaining close access to schools, off-leash facilities
for dog walking, and public transportation into the city. The property is well within the City of
Bozeman Limits, and planned for extension of water and wastewater infrastructure for
conveyance to the City. All interior subdivision roads will be paved and include concrete curb,
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Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 43 of 44
gutter and sidewalks (per City of Bozeman Standard Specifications). The interior alley will be paved
with an inverted crown.”
Staff Findings: The proposed subdivision would provide a mix of housing types and lot sizes
that would facilitate a mix of housing sizes and prices which could accommodate middle-
income households and could provide smaller dwellings for “starter families” and/or “empty
nest” households who could vacate older, larger homes elsewhere in the city which, in turn,
could accommodate larger families. This supports the following Community Plan policies:
N-1.1: “Promote housing diversity, including missing middle housing.”
N-1.11: “Enable a gradual and predictable increase in density in developed areas over time.”
N-3.7: “Support compact neighborhoods, small lot sizes, and small floor plans, especially
through mechanisms such as density bonuses.”
N-3.8: “Promote the development of “Missing Middle” housing (side by side or stacked duplex,
triplex, live-work, cottage housing, group living, rowhouses/townhouses, etc) as one of the
most critical components of affordable housing.”
APPENDIX B – NOTICING AND PUBLIC COMMENT
Notice was provided at least 15 and not more than 45 days prior to the Community
Development Board and City Commission public hearings. Pursuant to BMC 38.220.420,
notice was provided by posting the site, mailing by certified mail to the Applicant and adjacent
property owners and by first class mail to all other owners within 200 feet on December 2,
2021. The site was posted with a notice on December 2, 2021 and a legal advertisement was
published in the Bozeman Daily Chronicle on December 3rd and 17th, 2021. Content of the
notice contained all elements required by Article 38.220., BMC.
No written public comment has been received as of the writing of this staff report. A
commenter spoke at the December 20, 2021 Community Development Board public hearing.
Another commenter called the Community Development office on December 22, 2021 to
express her concerns about the proposed development.
The January 11, 2022 City Commission agenda contained an “action item” that requested the
Commission to postpone the hearing on this application to their January 25, 2022 meeting.
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Park View Crossing Major Subdivision Preliminary Plat; 21158 Page 44 of 44
APPENDIX C - OWNER INFORMATION
Owner/Applicant: Campeche Shores Development Company, LLC. PO Box 3088, Galveston,
TX 77552
Applicant Representative: Mr. Brett Megaard, PE, Hyalite Engineers, PLLC, 2304 N. 7th
Avenue, Suite L, Bozeman, MT 59715
Report By: Susana Montana, Senior Planner, Development Review Division, Community
Development Department.
Staff Engineer: Karl Johnson, PE, Engineering Department
ATTACHMENTS
A-1 Application Form
Subdivision Plat Sheets 1 through 3 (in a single document)
The full application and file of record can be viewed digitally at
https://www.bozeman.net/government/planning/using-the-planning-map, select the
“Project Documents Folder” link and navigate to application #21158, as well as digitally at
the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715.
Application materials – Available through the Laserfiche archive linked agenda materials and
the full file is linked below.
This project can be viewed on the Community Development Viewer interactive map directly
with this link:
https://gisweb.bozeman.net/Html5Viewer/?viewer=planning&FILE_NUMBER=21-158
Analysis and resulting recommendations are based on the entirety of the application
materials, municipal codes, standards, and plans, public comment, and all other materials
available during the review period. Collectively this information is the record of the review.
The analysis is a summary of the completed review.
56
Commission Memorandum
REPORT TO: Mayor and City Commission
FROM: Susana Montana, Senior Planner, Development Review Division,
Community Development Department
SUBJECT: Park View Crossing Major Subdivision Preliminary Plat Findings
of Fact and Order, Application No. 21158
MEETING DATE: February 15, 2022
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for the
Park View Crossing Major Subdivision Preliminary Plat, Application No, 21158.
BACKGROUND: On January 25, 2022, the City Commission held a public hearing on an
application for preliminary plat approval for the Park View Crossing Major Subdivision.
The Commission voted 3:0 to approve the application subject to conditions and code provisions to
ensure the final plan would comply with all applicable regulations and all required criteria. These
findings of fact provide a record of the review and Commission action.
UNRESOLVED ISSUES: Unresolved issues at this Preliminary Plat stage are related to
parklands contributions and stormwater/water quality management issues which must be
resolved prior to submittal of the final plat application. The final plat must satisfy all of the
recommended preliminary plat conditions of approval and all relevant Bozeman Municipal
Code (BMC) code provisions noted on pages 10 through 21 of the Findings of Fact and Order
staff report.
ALTERNATIVES:
1) Approval of the Findings of Fact and Order as drafted;
2) Approval of the Findings of Fact and Order with modifications; or
3) As determined by the City Commission.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased
property tax revenues from new development, along with increased costs to deliver municipal
services to the property. Impact fees will be collected at the time of issuance of building permits
for individual lots along with City sewer and water connection fees.
Attachment: Findings of Fact and Order
Report compiled on: February 2, 2022
57
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N3656 TSCHACHE LANEBOZEMAN, MT 59718ZONED: R-3MONTANA LADDINVESTMENTS LLC.30439 MONARCH CTEVERGREEN, CO 80439ZONED: R-3GALLATIN COUNTY
311 W MAIN ST RM 304
BOZEMAN, MT 59715
ZONED: R-3
CROSSING 2 COMMUNITY
ASSOCIATION INC.
40 E MAIN ST STE 210
BOZEMAN, MT 59715
ZONED: R-3
S70°
5
2
'
1
3
"
E
980.6
3
'
P.O.B.C.B
.=S28
°5
2
'3
8
"EC.D
.=758
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52
'Δ=34°3
6
'3
7
"
,
R=
1
275
.0
0L=770.
18
'
S56°
2
7'
3
4"
W
95.06'
10' P.U.E.VAQUERO PARKWAYSTOKES LANE
47154710470
5
N89° 58' 45"E
153.05'
10' P.
U
.
E
.
10' P.U.E.
1
0
'
P
.
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E
.
SP
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BLOCK 2
BLOCK 1
BLOCK 3
LOT 1A
LOT 1B
7595 SQ FT
0.17 ACRES
LOT 1C
LOT 1D
3800 SQ FT
0.09 ACRES
4187 SQ FT
0.10 ACRES
6740 SQ FT
0.15 ACRES
4927 SQ FT
0.11 ACRES
4346 SQ FT
0.10 ACRES
3045 SQ FT
0.07 ACRES
2754 SQ FT
0.06 ACRES
2849 SQ FT
0.07 ACRES
3268 SQ FT
0.08 ACRES
4117 SQ FT
0.09 ACRES
4113 SQ FT
0.09 ACRES
5006 SQ FT
0.11 ACRES
3588 SQ FT
0.08 ACRES
3899 SQ FT
0.09 ACRES
3499 SQ FT
0.08 ACRES
3900 SQ FT
0.09 ACRES
5504 SQ FT
0.13 ACRES
3717 SQ FT
0.09 ACRES
4851 SQ FT
0.11 ACRES
3804 SQ FT
0.09 ACRES
2820 SQ FT
0.06 ACRES
3497 SQ FT
0.08 ACRES
3441 SQ FT
0.08 ACRES
4226 SQ FT
0.10 ACRES
3886 SQ FT
0.09 ACRES
3089 SQ FT
0.07 ACRES
2820 SQ FT
0.06 ACRES
2979 SQ FT
0.07 ACRES
4551 SQ FT
0.10 ACRES
4353 SQ FT
0.10 ACRES
7691 SQ FT
0.18 ACRES
3914 SQ FT
0.09 ACRES
4681 SQ FT
0.11 ACRES
4332 SQ FT
0.10 ACRES
3651 SQ FT
0.08 ACRES
5377 SQ FT
0.12 ACRES
3759 SQ FT
0.09 ACRES
4032 SQ FT
0.09 ACRES
3309 SQ FT
0.08 ACRES
LOT 9A
LOT 8C
LOT 9B
LOT 7C
LOT 8D
LOT 9D
LOT 7D
LOT 8B
LOT 6B
LOT 7B
LOT 6A
LOT 7A
LOT 6D
LOT 6C
LOT 9C
LOT 8A
2820 SQ FT
0.06 ACRES
LOT 3C
LOT 3B
2820 SQ FT
0.06 ACRES
OS-1 950 S
Q
F
T
OS-2 1234
S
Q
F
T
LOT 3D
LOT 5A
LOT 1A
LOT 1B
LOT 1C
LOT 2A
LOT 4C
LOT 4B
LOT 4A
LOT 4D
LOT 5B
LOT 5C
LOT 5D
LOT 2B
LOT 3A
LOT 1D
LOT 2A
LOT 1B
LOT 1C
LOT 2B
LOT 2C
LOT 1A
2879 SQ FT
0.07 ACRES
2824 SQ FT
0.06 ACRES
CA 1
12679 SQ FT
0.29 ACRES
TSC
H
A
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STOKES LA
N
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10' SH
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PATH (
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P
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VAQU
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5' SIDEWALK
(TYP.)
S
5
1
°
3
4
'
4
1
"
E
84
.
5
2
'
N
4
2
°
3
8
'
4
8
"W
2
5
2
.
7
8
'N33°
25
'
4
9
"W339
.9
0
'N2° 29' 17"E268.95'N32° 58' 17"E116.56'N55°
4
6'
2
5"
E
52.94'
N55°
4
6'
2
5"
E
38.11'N20° 48
'
07
"W48.57
'N31° 22' 05"E75.40'N18° 00' 02"W66.25'S0° 00' 14"W17.18'C.B.=S5°47'01"EC.D.=242.02'Δ=11°34'30", R=1200.00L=242.43'S78° 25' 43"
W
75.00'
LINE #
L1
L2
L3
L4
L5
L6
L7
L8
L9
L10
L11
L12
L13
L14
L15
L16
L17
L18
L19
L20
L21
L22
L23
L24
L25
L26
L27
L28
L29
BEARING
S78°41'32"W
S78°41'32"W
S78°41'32"W
S78°41'32"W
S52°39'56"W
S81°13'23"W
S81°13'23"W
S0°00'14"W
N7°22'36"W
N7°22'36"W
N7°22'36"W
N78°41'32"E
N49°39'38"E
S42°38'51"E
S42°38'51"E
N42°38'51"W
N42°38'51"W
S33°25'48"E
S33°25'48"E
N33°25'48"W
N33°25'48"W
N33°25'48"W
S33°25'48"E
S3°34'30"E
S3°34'30"E
S3°34'30"E
N3°34'30"W
S73°51'49"W
S73°51'49"W
LENGTH
57.90'
34.08'
34.08'
122.99'
11.57'
23.99'
54.65'
17.15'
104.31'
119.19'
123.21'
87.78'
93.49'
51.80'
30.23'
30.23'
39.16'
20.13'
30.06'
30.06'
34.35'
10.63'
35.89'
16.11'
30.74'
30.74'
51.62'
98.01'
105.09'
LINE #
L30
L31
L32
L33
L34
L35
L36
L37
L38
L39
L40
L41
L42
L43
L44
L45
L46
L47
L48
L49
L50
L51
L52
L53
L54
L55
L56
L57
L58
BEARING
S73°51'49"W
S73°51'49"W
S66°48'52"W
S66°48'52"W
S66°48'52"W
N60°49'47"E
S60°51'24"W
S38°33'40"W
N38°34'25"E
N60°18'46"E
S60°18'46"W
S60°18'46"W
N55°54'42"E
N54°21'13"E
S54°21'13"W
S54°21'13"W
S78°41'32"W
N3°34'39"W
S3°34'39"E
N3°34'39"W
N33°25'48"W
N33°25'48"W
S33°25'48"E
N33°25'48"W
S33°25'48"E
N33°25'48"W
N42°38'48"W
N42°38'51"W
N42°38'51"W
LENGTH
112.86'
122.14'
129.15'
130.38'
129.20'
106.18'
103.38'
19.46'
17.80'
117.74'
115.53'
114.01'
111.19'
105.04'
101.01'
97.69'
85.63'
66.65'
30.15'
30.15'
11.00'
34.64'
10.63'
44.85'
30.00'
30.00'
41.57'
30.00'
30.00'
LINE #
L59
L60
L61
L62
L63
L64
L65
L66
L67
L68
L69
L70
L71
L72
L73
L74
L75
L76
L77
L78
L79
L80
L81
L82
L83
L84
L85
L86
L87
CURVE #
C1
C2
C3
C4
C5
C6
C7
C8
C9
C10
C11
C12
C13
C14
C15
C16
C17
C18
C19
C20
C21
C22
C23
C24
C25
C26
C27
C28
C29
C30
C31
C32
C33
C34
C35
C36
ROAD CENTERLINE
EASEMENT LINE
CURB
SEWER MAIN
WATER MAIN
STORMWATER LINE
SEWER SERVICE
WATER SERVICE
FIRE HYDRANT
WATER VALVE
SEWER MANHOLE
STORMWATER INLET
CONTOUR INTERVAL = 1'
LEGEND
8''S 8''S
8''W 8''W
P.O.B.
R.O.W.
US PUBLIC LANDS SURVEY SYSTEM 14
SECTION CORNER FOUND AS DESCRIBED
FOUND TD&H YELLOW PLASTIC CAP 12251 LS
FOUND TD&H RED PLASTIC CAP 12251 LS
FOUND 2" ALUMINUM CAP MARKED "HYALITE
ENGINEERS 14456 LS"
SET 58" X 24" REBAR W/ 2" ALUMINUM CAP
MARKED "HYALITE ENGINEERS 14456LS"
SET 58" X 24" REBAR W/ 2" YELLOW PLASTIC CAP
MARKED "HYALITE ENGINEERS 14456LS"
POINT OF BEGINNING
RIGHT OF WAY
PUBLIC UTILITY EASEMENT
CHORD BEARING
CHORD DISTANCE
OPEN SPACE
COMMON AREA
ST ST
HYD
S P.U.E.
C.B.
C.D.
OS
CA
0'50'100'150'
PRELIMINARY PLAT OF PARK VIEW CROSSING MAJOR SUBDIVISION
BEING LOT 4 OF MINOR SUBDIVISION 400 LOCATED IN NE 1
4 OF SECTION 3, TOWNSHIP 2 SOUTH, RANGE 5 EAST, P.M.M., CITY OF BOZEMAN,
GALLATIN COUNTY, MONTANA
SCALE BARMAJOR SUBDIVISION
CITY OF BOZEMAN,
GALLATIN COUNTY,
MONTANA
BASIS OF BEARING
2 3 0 4 N. 7th A V E S T E L , B O Z E M A N , M T 5 9 7 1 5
P H O N E : ( 4 0 6) 5 8 7 - 2 7 8 1 F A X : ( 4 0 6 ) 5 2 2 - 9 2 2 5
w w w . h y a l i t e e n g . c o m
1/4 SEC T R
3 2S 5E
DRAWN
BV
DATE
09/24/2021
PRELIMINARY PLAT
SCALE
1"=50'
SHEET
1 OF 3
PROJECT NUMBER
193211
Geodetic North @
GPS Position
LAT. 45°41'58.18" NORTH
LONG. 111°05'19.96" WEST
PURPOSE OF SURVEY:
Creation of a 44 lot major subdivision.
THIS SURVEY WAS PERFORMED FOR:
Campeche Shores Development LLC
CERTIFICATE OF DIRECTOR OF PUBLIC WORKS
I, Director of Public Works, City of Bozeman, Montana, do hereby certify that the accompanying plat has
been duly examined and have 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 _________________ , A.D., 2021.
Public Works Director
City of Bozeman, MT
CERTIFICATE OF COUNTY TREASURER
I, Jennifer Blossom certify that the accompanying plat has been duly examined and that all real property
taxes and special assessments assessed and levied on the land to be subdivided are paid.
Assessor Number RFG58322
DATED this _______ day of _________________ , A.D., 2021.
Jennifer Blossom
Treasurer of Gallatin County
CERTIFICATE OF CLERK AND RECORDER
I, _________________________, Clerk and Recorder of Gallatin County, Montana, do hereby certify that
the foregoing instrument was filed in my office at _____ o'clock, (a.m., or p.m.), this _______ day of
_________________ , A.D., 2021, and recorded in Book ___________ of Plats on Page _____, Records
of the Clerk and Recorder, Gallatin County, Montana.
_______________________________
Eric Semerad
Gallatin County Clerk and Recorder
CERTIFICATE OF EXCLUSION FROM MONTANA DEPARTMENT
OF ENVIRONMENTAL QUALITY REVIEW
The Park View Crossing Major 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(2)(d), this subdivision is
excluded from the requirement for Montana Department of Environmental Quality review.
DATED this _______ day of _________________ , A.D., 2021.
Public Works Director
City of Bozeman, MT
CERTIFICATE OF COMPLETION OF IMPROVEMENTS
I, Campeche Shores Development LLC, and I, Brett Megaard, a registered professional engineer licensed to
practice in the State of Montana, hereby certify that the public improvements, required as a condition of
approval of Parkview Crossings Major Subdivision, have been installed in conformance with the approved
engineering specifications and plans.
Its:
Campeche Shores Development LLC
Brett Megaard, PE 29106
Hyalite Engineers PLLC
GRANT OF EASEMENTS
The undersigned hereby grant unto each and every person, firm or
corporation, whether public or private, providing or offering fiber optic,
telephone, telegraph, electric power, gas, cable television, water or sewer
service to the public, the right to 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 , 2021
CAMPECHE SHORES DEVELOPMENT LLC
State of )
) ss
County of )
On this day of , 2021, before me, a notary public
in and for
said county and state, personally appeared ,
known to me to be the , of Campeche
Shores Development LLC, known to me to be the corporation whose name is subscribed to
the within instrument.
Signature of notarial officer
Name - typed, stamped, or printed
Title (and Rank)
Residing at
My commission expires:
CERTIFICATE OF SURVEYOR
I, the undersigned, Shannon J. Marinko, Registered Land Surveyor, do hereby certify that between
January 1, 2021 and _____________________, 2021, I surveyed and described the same as shown on
the accompanying plat and platted in accordance with the provisions of the Montana Subdivision and
Platting Act, Section 76-3-101 through 76-3-625, MCA, and the Bozeman Municipal Code.
DATED this _______ day of _________________ , A.D., 2021.
Shannon J. Marinko #LS-14456
Hyalite Engineers, PLLC.
CERTIFICATE OF DEDICATION
We, the undersigned property owner(s), do hereby certify that we have caused to
be surveyed, subdivided and platted into lots, parcels, blocks, roads and alleys,
and other divisions and dedications, as shown by this plat hereunto included, the
following described tract of land, to wit:
Being Lot 4 of Minor Subdivision 400 located in the NE 1
4 of Section 3, Township 2
South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana being
more particularly described as follows:
Commencing at the north 1/4 of Section 3, thence S 70°52'13" E a distance of
980.63', the Point of Beginning;
thence N 89°58'45" E a distance of 153.05';
thence S 00°00'14" W a distance of 17.18';
thence along an arc to the right said arc having a length of 242.43', a radius of
1200.00', a chord bearing of S 05°47'01" E, and a chord length of 242.02';
thence S 78°25'00" W a distance of 75.00';
thence along an arc to the right said arc having a length of 770.18', a radius of
1275.00', a chord bearing of S 28°52'38" E, and a chord length of 758.52';
thence S 43°53'15" W a distance of 170.56';
thence S 56°27'34" W a distance of 95.06';
thence N 51°34'41" W a distance of 84.52';
thence N 42°38'48" W a distance of 252.78';
thence N 33°25'49" W a distance of 339.90';
thence N 02°29'17" E a distance of 268.95';
thence N 32°58'17" E a distance of 116.56';
thence N 55°46'25" E a distance of 91.05';
thence N 20°48'07" W a distance of 48.57';
thence N 31°22'05" E a distance of 75.40';
thence N 18°00'02" W a distance of 66.25' to the point of beginning;
Said parcel contains 7.00 acres more or less, and is subject to all easements of
record, or apparent on the ground.
The above described tract of land is to be known and designated as Park View
Crossing, City of Bozeman, Gallatin County, Montana; and the lands included in all
roads, avenues, alleys, and parks or public squares shown on said plat are hereby
granted and donated to the use of the public forever. The roadways 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 roads hereby dedicated to public use.
CERTIFICATE OF CITY COMMISSION OF BOZEMAN
I, Mayor of the City of Bozeman, Gallatin County, Montana, do hereby certify that the accompanying plat
has been duly examined and have found the same to conform to the law, approve it, and hereby accept the
dedication to public use.
DATED this day of , A.D., 2021.
Mayor
City of Bozeman, Montana
CERTIFICATE OF ACCEPTING CASH DONATION IN-LIEU OF
PARK LAND DEDICATION
Finding dedication of parkland within the platted area of Park View Crossing would be undesirable for
park and playground purposes, it is hereby ordered by the City Commission of the City of Bozeman, that
land dedication for park purposes be waived and that cash-in-lieu, in the amount of _______ dollars, be
accepted with the provisions of Montana Subdivision and Platting Act (MCA 76-3-101 through 76-3-625)
and the Bozeman Municipal Code.
DATED this _______ day of _________________ , A.D., 2021.
Director of Parks and Recreation
City of Bozeman, MT
SURVEY NOTES:
1. THIS SURVEY IS CONSIDERED DRAFT UNLESS SIGNED AND STAMPED
BY THE PROFESSIONAL LAND SURVEYOR.
2. ALL 44 LOTS ARE DESIGNATED TOWNHOUSE LOTS.
3. THERE ARE A TOTAL OF 9 QUADPLEX TOWNHOUSE UNITS, 2 TRIPLEX
TOWNHOUSE UNITS, AND 1 DUPLEX TOWNHOUSE UNIT
4. THE PROPERTY IS ZONED R-3, PLEASE SEE THE APPLICABLE ZONING
REGULATIONS FOR BUILDING SETBACK LOCATIONS, PARKING
REQUIREMENTS, ETC.
WETLAND BOUNDARY
STORMWATER
DRAINAGE EASEMENT
(PER DOC. # )
GRANT OF PUBLIC STORMWATER
DRAINAGE EASEMENT
The undersigned hereby grants to the public, for public use forever,
the stormwater drainage easement as shown on sheet 1 of this plat
over, under, and across Common Area 1.
58
N1/4 CORNER
SECTION 3
FOUND AS DESCRIBED ON
CORNER DOC. #2176851
VA
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MONTANA LADDINVESTMENTS LLC.30439 MONARCH CTEVERGREEN, CO 80439ZONED: R-3GALLATIN COUNTY
311 W MAIN ST RM 304
BOZEMAN, MT 59715
ZONED: R-3
CROSSING 2 COMMUNITY
ASSOCIATION INC.
40 E MAIN ST STE 210
BOZEMAN, MT 59715
ZONED: R-3
S70°
5
2
'
1
3
"
E
980.6
3
'
P.O.B.
10' P.U.E.VAQUERO PARKWAYSTOKES
LANE
47154710470
5
10' P.
U.
E.
10' P.U.E.
1
0
'
P
.
U
.
E
.
SP
R
I
N
G
D
I
T
C
H
BLOCK 2
BLOCK 1
BLOCK 3
LOT 1A
LOT 1B
7595 SQ FT
0.17 ACRES
LOT 1C
LOT 1D
3800 SQ FT
0.09 ACRES
4187 SQ FT
0.10 ACRES
6740 SQ FT
0.15 ACRES
4927 SQ FT
0.11 ACRES
4346 SQ FT
0.10 ACRES
3045 SQ FT
0.07 ACRES
2754 SQ FT
0.06 ACRES
2849 SQ FT
0.07 ACRES
3268 SQ FT
0.08 ACRES
4117 SQ FT
0.09 ACRES
4113 SQ FT
0.09 ACRES
5006 SQ FT
0.11 ACRES
3588 SQ FT
0.08 ACRES
3899 SQ FT
0.09 ACRES
3499 SQ FT
0.08 ACRES
3900 SQ FT
0.09 ACRES
5504 SQ FT
0.13 ACRES
3717 SQ FT
0.09 ACRES
4851 SQ FT
0.11 ACRES
3804 SQ FT
0.09 ACRES
2820 SQ FT
0.06 ACRES
3497 SQ FT
0.08 ACRES
3441 SQ FT
0.08 ACRES
4226 SQ FT
0.10 ACRES
3886 SQ FT
0.09 ACRES
3089 SQ FT
0.07 ACRES
2820 SQ FT
0.06 ACRES
2979 SQ FT
0.07 ACRES
4551 SQ FT
0.10 ACRES
4353 SQ FT
0.10 ACRES
7691 SQ FT
0.18 ACRES
3914 SQ FT
0.09 ACRES
4681 SQ FT
0.11 ACRES
4332 SQ FT
0.10 ACRES
3651 SQ FT
0.08 ACRES
5377 SQ FT
0.12 ACRES
3759 SQ FT
0.09 ACRES
4032 SQ FT
0.09 ACRES
3309 SQ FT
0.08 ACRES
LOT 9A
LOT 8C
LOT 9B
LOT 7C
LOT 8D
LOT 9D
LOT 7D
LOT 8B
LOT 6B
LOT 7B
LOT 6A
LOT 7A
LOT 6D
LOT 6C
LOT 9C
LOT 8A
2820 SQ FT
0.06 ACRES
LOT 3C
LOT 3B
2820 SQ FT
0.06 ACRES
OS-1 950 S
Q
F
T
OS-2 1234
S
Q
F
T
LOT 3D
LOT 5A
LOT 1A
LOT 1B
LOT 1C
LOT 2A
LOT 4C
LOT 4B
LOT 4A
LOT 4D
LOT 5B
LOT 5C
LOT 5D
LOT 2B
LOT 3A
LOT 1D
LOT 2A
LOT 1B
LOT 1C
LOT 2B
LOT 2C
LOT 1A
2879 SQ FT
0.07 ACRES
2824 SQ FT
0.06 ACRES
CA 1
12679 SQ FT
0.29 ACRES
TSC
H
A
C
H
E L
A
N
E
STOKES L
A
N
E
N
4
2
°
3
8
'
4
8
"W
1
7
4
.
3
5
'C.B
.
=N
3
8
°
0
2
'
1
8
"WC.
D
.
=
4
8
.
2
0
'Δ=
9
°
1
2
'
5
9
"
,
R=
3
0
0
.
0
0
L
=
4
8
.
2
6
'N3
3
°
2
5
'
49
"W
25
4
.
96
'C.B
.=N15°28
'16"WC.D
.=92
.50
'Δ=35°55'06"
,
R=150
.00L=94.03
'N2° 29' 17"E187.08'N78° 41' 32
"
E
226.01'
S49° 3
9'
35"
W
358.
0
6'
L1
L2
L3
L4
L5
L6
L7 L8C1C2L9L10L11L12
C3C4C5C6C7C8C9C10C11C12C13C14
C15
C16
C17
C1
8
L13
L
1
4
L
1
5
L
1
6
L
1
7C1
9
L
18
L
19L20L2
1
L22 C20L2
3C21C22C23C24C25L24L25L26L27L28
L29
L30
L31
L32
L33
L34
L35
L36
L37L38L39
L40
L41
L42
L43
L44
L45
L46
L47L48L49C26C27C28C29C30C31L50
L51
L52
L5
3
L54
L5
5
C3
2
L
5
6
L
5
7
L
5
8
L
5
9
L60
L
6
1
L
6
2
L
6
3
L
6
4C3
3
L
65L6
6L67
L68L6
9
L70L7
1L72C34C35L73L74L75L76 L77
L78
L79
L80
L81
L82
L83
L84
L85
L86
L87 L88L89L90
L91
L92
L93
L94
L95
L96
L97 L98
L99 L100
L101 L102
C
3
6
L103L104L105L106L107
L108
L1
0
9
L
1
1
0
L
1
1
1
L
1
1
2
L
1
1
3
L
1
1
4
L
1
1
5
SEGMENT TABLE
LINE #
L1
L2
L3
L4
L5
L6
L7
L8
L9
L10
L11
L12
L13
L14
L15
L16
L17
L18
L19
L20
L21
L22
L23
L24
L25
L26
L27
L28
L29
BEARING
S78°41'32"W
S78°41'32"W
S78°41'32"W
S78°41'32"W
S52°39'56"W
S81°13'23"W
S81°13'23"W
S0°00'14"W
N7°22'36"W
N7°22'36"W
N7°22'36"W
N78°41'32"E
N49°39'38"E
S42°38'51"E
S42°38'51"E
N42°38'51"W
N42°38'51"W
S33°25'48"E
S33°25'48"E
N33°25'48"W
N33°25'48"W
N33°25'48"W
S33°25'48"E
S3°34'30"E
S3°34'30"E
S3°34'30"E
N3°34'30"W
S73°51'49"W
S73°51'49"W
LENGTH
57.90'
34.08'
34.08'
122.99'
11.57'
23.99'
54.65'
17.15'
104.31'
119.19'
123.21'
87.78'
93.49'
51.80'
30.23'
30.23'
39.16'
20.13'
30.06'
30.06'
34.35'
10.63'
35.89'
16.11'
30.74'
30.74'
51.62'
98.01'
105.09'
SEGMENT TABLE
LINE #
L30
L31
L32
L33
L34
L35
L36
L37
L38
L39
L40
L41
L42
L43
L44
L45
L46
L47
L48
L49
L50
L51
L52
L53
L54
L55
L56
L57
L58
BEARING
S73°51'49"W
S73°51'49"W
S66°48'52"W
S66°48'52"W
S66°48'52"W
N60°49'47"E
S60°51'24"W
S38°33'40"W
N38°34'25"E
N60°18'46"E
S60°18'46"W
S60°18'46"W
N55°54'42"E
N54°21'13"E
S54°21'13"W
S54°21'13"W
S78°41'32"W
N3°34'39"W
S3°34'39"E
N3°34'39"W
N33°25'48"W
N33°25'48"W
S33°25'48"E
N33°25'48"W
S33°25'48"E
N33°25'48"W
N42°38'48"W
N42°38'51"W
N42°38'51"W
LENGTH
112.86'
122.14'
129.15'
130.38'
129.20'
106.18'
103.38'
19.46'
17.80'
117.74'
115.53'
114.01'
111.19'
105.04'
101.01'
97.69'
85.63'
66.65'
30.15'
30.15'
11.00'
34.64'
10.63'
44.85'
30.00'
30.00'
41.57'
30.00'
30.00'
SEGMENT TABLE
LINE #
L59
L60
L61
L62
L63
L64
L65
L66
L67
L68
L69
L70
L71
L72
L73
L74
L75
L76
L77
L78
L79
L80
L81
L82
L83
L84
L85
L86
L87
BEARING
N42°38'51"W
N49°39'38"E
S42°38'48"E
S42°38'48"E
S42°38'48"E
S42°38'48"E
S33°25'49"E
N33°25'49"W
S33°25'49"E
N33°25'49"W
S33°25'49"E
S33°25'49"E
S33°25'49"E
S33°25'49"E
N2°29'17"E
S2°29'17"W
N2°29'17"E
S2°29'17"W
S87°57'16"E
N87°57'22"W
S87°57'16"E
S74°54'26"W
S72°21'37"W
S68°15'32"W
N57°06'38"E
S57°06'38"W
S57°06'38"W
N57°06'38"E
S57°06'38"W
LENGTH
48.20'
94.08'
44.41'
30.00'
30.00'
41.12'
30.00'
30.00'
40.12'
10.00'
40.01'
30.00'
30.00'
44.83'
57.01'
30.00'
30.00'
46.55'
90.21'
93.39'
96.58'
105.50'
109.24'
104.86'
97.83'
94.58'
94.00'
77.94'
79.84'
SEGMENT TABLE
LINE #
L88
L89
L90
L91
L92
L93
L94
L95
L96
L97
L98
L99
L100
L101
L102
L103
L104
L105
L106
L107
L108
L109
L110
L111
L112
L113
L114
L115
BEARING
N38°34'25"E
S38°33'40"W
N57°06'38"E
S57°06'35"W
S57°06'31"W
N47°04'46"E
S47°21'09"W
S47°21'09"W
S47°21'09"W
S49°39'38"W
N49°39'38"E
N49°39'28"E
N49°39'35"E
N49°39'35"E
N49°39'50"E
S43°53'15"W
S43°53'15"W
S43°53'15"W
S43°53'15"W
S56°27'34"W
N56°27'34"E
S51°34'41"E
S42°38'48"E
N40°17'55"W
S40°17'55"E
S40°20'25"E
N40°20'25"W
N40°20'25"W
LENGTH
16.89'
14.89'
94.00'
94.00'
94.00'
94.00'
94.00'
94.00'
94.00'
77.88'
34.00'
40.63'
39.00'
34.00'
49.71'
56.27'
34.17'
39.20'
40.92'
34.24'
60.82'
84.52'
23.02'
113.10'
117.16'
113.04'
109.10'
105.66'
CURVE TABLE
CURVE #
C1
C2
C3
C4
C5
C6
C7
C8
C9
C10
C11
C12
C13
C14
C15
C16
C17
C18
C19
C20
C21
C22
C23
C24
C25
C26
C27
C28
C29
C30
C31
C32
C33
C34
C35
C36
▲ DELTA
6°09'12"
5°25'21"
1°58'36"
1°20'54"
1°20'57"
1°34'33"
1°42'25"
1°38'10"
1°20'54"
1°38'36"
1°49'18"
1°20'54"
1°20'54"
1°29'05"
1°36'43"
1°20'54"
1°20'54"
1°58'06"
9°13'04"
0°27'01"
4°12'22"
6°02'32"
6°02'32"
9°37'15"
3°56'35"
4°45'56"
5°54'38"
5°38'19"
4°16'06"
5°29'08"
3°27'24"
9°22'08"
9°12'59"
17°50'46"
18°04'20"
4°29'44"
RADIUS
1275.00'
1275.00'
1246.38'
1275.00'
1275.00'
1275.00'
1073.29'
1050.74'
1275.00'
1275.00'
1275.00'
1275.00'
1275.00'
1275.00'
1275.00'
1275.00'
1275.00'
1275.00'
135.00'
1275.00'
285.00'
285.00'
285.00'
285.00'
285.00'
315.00'
315.00'
299.47'
335.53'
315.00'
315.00'
165.00'
270.00'
120.00'
120.00'
1277.33'
LENGTH
136.93'
120.67'
43.00'
30.00'
30.02'
35.07'
31.97'
30.00'
30.00'
36.57'
40.54'
30.00'
30.00'
33.04'
35.87'
30.00'
30.00'
43.80'
21.72'
10.02'
20.92'
30.06'
30.06'
47.86'
19.61'
26.20'
32.49'
29.47'
25.00'
30.16'
19.00'
26.98'
43.43'
37.38'
37.85'
100.22'
CHORD BEARING
S3° 04' 22"E
S8° 51' 39"E
S15° 14' 09"E
N16° 52' 34"W
N18° 13' 29"W
N19° 41' 14"W
N21° 15' 40"W
N22° 30' 51"W
N23° 56' 04"W
N25° 25' 48"W
S27° 36' 46"E
S29° 11' 52"E
N30° 32' 46"W
N31° 57' 46"W
S33° 30' 40"E
S34° 59' 28"E
N36° 20' 22"W
N37° 59' 52"W
S38° 02' 19"E
S26° 28' 37"E
S31° 19' 37"E
S26° 12' 09"E
S20° 09' 37"E
S12° 19' 43"E
S5° 32' 48"E
S6° 17' 16"E
N11° 37' 33"W
N17° 15' 26"W
N22° 13' 09"W
N27° 13' 50"W
N31° 42' 06"W
N38° 06' 52"W
S38° 02' 18"E
S24° 30' 26"E
S6° 32' 53"E
S43° 55' 49"E
CHORD LENGTH
136.86'
120.62'
43.00'
30.00'
30.02'
35.07'
31.97'
30.00'
30.00'
36.57'
40.54'
30.00'
30.00'
33.04'
35.87'
30.00'
30.00'
43.80'
21.69'
10.02'
20.92'
30.04'
30.04'
47.80'
19.61'
26.19'
32.48'
29.46'
24.99'
30.15'
19.00'
26.95'
43.38'
37.23'
37.69'
100.20'
ROAD CENTERLINE
EASEMENT LINE
CURB
SEWER MAIN
WATER MAIN
STORMWATER LINE
SEWER SERVICE
WATER SERVICE
FIRE HYDRANT
WATER VALVE
SEWER MANHOLE
STORMWATER INLET
CONTOUR INTERVAL = 1'
LEGEND
8''S 8''S
8''W 8''W
P.O.B.
R.O.W.
US PUBLIC LANDS SURVEY SYSTEM 14
SECTION CORNER FOUND AS DESCRIBED
FOUND TD&H YELLOW PLASTIC CAP 12251 LS
FOUND TD&H RED PLASTIC CAP 12251 LS
FOUND 2" ALUMINUM CAP MARKED "HYALITE
ENGINEERS 14456 LS"
SET 58" X 24" REBAR W/ 2" ALUMINUM CAP
MARKED "HYALITE ENGINEERS 14456LS"
SET 58" X 24" REBAR W/ 2" YELLOW PLASTIC CAP
MARKED "HYALITE ENGINEERS 14456LS"
POINT OF BEGINNING
RIGHT OF WAY
PUBLIC UTILITY EASEMENT
CHORD BEARING
CHORD DISTANCE
OPEN SPACE
COMMON AREA
ST ST
HYD
S P.U.E.
C.B.
C.D.
OS
CA
0'50'100'150'
PRELIMINARY PLAT OF PARK VIEW CROSSING MAJOR SUBDIVISION
BEING LOT 4 OF MINOR SUBDIVISION 400 LOCATED IN NE 1
4 OF SECTION 3, TOWNSHIP 2 SOUTH, RANGE 5 EAST, P.M.M., CITY OF BOZEMAN,
GALLATIN COUNTY, MONTANA
SCALE BARMAJOR SUBDIVISION
CITY OF BOZEMAN,
GALLATIN COUNTY,
MONTANA
BASIS OF BEARING
2 3 0 4 N. 7th A V E S T E L , B O Z E M A N , M T 5 9 7 1 5
P H O N E : ( 4 0 6) 5 8 7 - 2 7 8 1 F A X : ( 4 0 6 ) 5 2 2 - 9 2 2 5
w w w . h y a l i t e e n g . c o m
1/4 SEC T R
3 2S 5E
DRAWN
BV
DATE
09/24/2021
PRELIMINARY PLAT
SCALE
1"=50'
SHEET
2 OF 3
PROJECT NUMBER
193211
Geodetic North @
GPS Position
LAT. 45°41'58.18" NORTH
LONG. 111°05'19.96" WEST
SURVEY NOTES:
1. THIS SURVEY IS CONSIDERED DRAFT UNLESS SIGNED AND STAMPED
BY THE PROFESSIONAL LAND SURVEYOR.
2. ALL 44 LOTS ARE DESIGNATED TOWNHOUSE LOTS.
3. THERE ARE A TOTAL OF 9 QUADPLEX TOWNHOUSE UNITS, 2 TRIPLEX
TOWNHOUSE UNITS, AND 1 DUPLEX TOWNHOUSE UNIT
4. THE PROPERTY IS ZONED R-3, PLEASE SEE THE APPLICABLE ZONING
REGULATIONS FOR BUILDING SETBACK LOCATIONS, PARKING
REQUIREMENTS, ETC.
SUBDIVISION AREAS
Open Space
Residential Lots
Road Right-Of-Way 2.16 acres
Alley Right-Of-Way 0.43 acres
30.86%
6.14%
0.05 acres
4.07 acres
0.71%
58.14%
Totals 7.00 acres 100 %
Common Area 0.29 acres 4.14 %
WETLAND BOUNDARY
STORMWATER
DRAINAGE EASEMENT
(PER DOC. # )
59
0'50'100'150'
CONDITIONS OF APPROVAL
BEING LOT 4 OF MINOR SUBDIVISION 400 LOCATED IN NE 1
4 OF SECTION 3, TOWNSHIP 2 SOUTH, RANGE 5 EAST, P.M.M., CITY OF BOZEMAN,
GALLATIN COUNTY, MONTANA
SCALE BARMAJOR SUBDIVISION
CITY OF BOZEMAN,
GALLATIN COUNTY,
MONTANA
BASIS OF BEARING
2 3 0 4 N. 7th A V E S T E L , B O Z E M A N , M T 5 9 7 1 5
P H O N E : ( 4 0 6) 5 8 7 - 2 7 8 1 F A X : ( 4 0 6 ) 5 2 2 - 9 2 2 5
w w w . h y a l i t e e n g . c o m
1/4 SEC T R
3 2S 5E
DRAWN
BV
DATE
09/24/2021
PRELIMINARY PLAT
SCALE
1"=50'
SHEET
3 OF 3
PROJECT NUMBER
193211
Geodetic North @
GPS Position
LAT. 45°41'58.18" NORTH
LONG. 111°05'19.96" WEST
PARK VIEW CROSSING MAJOR SUBDIVISION
CONDITIONS OF APPROVAL:
1. Private utilities shall be located in alleys where applicable.
2. All lots are subject to a 10'-wide public utility easement along front lot lines.
3. Lots 3D, 4A, 7D, and 8A shall each have a ten-foot side setback along the side abutting open space Lots OS-1 or OS-2.
4. If a utility easement is greater than the building setback required by Chapter 38, B.M.C, said easement shall apply.
5. Due to the potential of high groundwater tables in the areas of the subdivision, it is not recommended that residential dwellings or other structures with full or partial
basements be constructed without first consulting a professional engineer licensed in the State of Montana and qualified in the certification of residential and
commercial construction.
6. All portions of the subdivision are zoned R-3. Land uses and development standards shall comply with the requirements of the City's zoning regulations (City of
Bozeman Municipal Code).
7. Generally, homes on corner lots shall have the same orientation as homes on lots on the interior of the block.
8. City standard sidewalks shall be constructed on all public street frontages prior to occupancy of any structure on individual lots. Upon the third anniversary of the plat
recordation of the subdivision, any lot owner who has not constructed the required sidewalk shall, without further notice, construct within 30 days, the sidewalk for their
lot(s), regardless of whether other improvements have been made upon the lot.
9. Ownership of Common Open Space areas and trails contained within, and responsibility of maintenance thereof and for city assessments levied on the common
open space lands shall be that of the property owner's association. Maintenance responsibility shall include, in addition to the common open space and trails, all
vegetative ground cover, boulevard trees and irrigation systems in the public right-of-way boulevard strips along the external perimeter development streets and as
adjacent to public parks or other common open space areas. All areas within the subdivision that are designated herein as common open space including trails are for
the use and enjoyment by residents of the development and the general public. the property owner's association shall be responsible for levying annual assessments
to provide for maintenance, repair, and upkeep of all common open space areas and trails. At the same time of recording the final plat of the subdivision, the
subdivider shall transfer ownership of all common open space areas within each phase to the property owner's association created by the subdivider to maintain all
common open space areas within Parkview Crossing Major Subdivision.
OWNER'S CERTIFICATION
I, the undersigned property owner, do hereby certify 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.
I, the undersigned property owner, do hereby certify that the information shown is current as of the date of this 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.
I, the undersigned property owner, do hereby certify that I acknowledge that federal, state and local plans, policies, regulations, and/or conditions of subdivision approval may limit
the use of the property, including the location, size, and use as shown on the Conditions of Approval sheet or as otherwise stated. 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. Buyers of property are strongly encouraged to contact the local
planning department and become informed of any limitations on the use of the property prior to closing.
Dated this day of , 2021
Its:
Campeche Shores Development LLC
State of )
) ss
County of )
On this day of , 2021, before me, a notary public in and for
said county and state, personally appeared , know to me to be the of Campeche Shores Development LLC
known to me to be the corporation whose name is subscribed to the within instrument.
Signature of notarial officer
Name - typed, stamped, or printed
Title (and Rank)
Residing at
My commission expires:
CERTIFICATE OF TRANSFER OF OWNERSHIP & COMPLETION OF NON-PUBLIC IMPROVEMENTS
The following are hereby granted and donated to the property owner's association noted below for their use and enjoyment: Open Space parcel with trails contained within. Unless
specifically listed in the Certificate of Dedication, the city accepts no responsibility for maintaining the same. Campeche Shores Development LLC, hereby certify that the following
non-public improvements, required to meet the requirements of Chapter 38 of the Bozeman Municipal Code, or as a condition(s) of approved plans and specification prepared in
accordance with the standards of Chapter 38 or other City design standards, or have been financially guaranteed and are covered by the subdivision improvements agreement
accompanying and recorded with this plat.
Installed Improvements:
Financially Guaranteed Improvements:
Dated this day of , 2021
Its:
Campeche Shores Development LLC
The subdivider hereby grants ownership of all non-public infrastructure improvements to the property owners association created by Document #__________________
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Memorandum
REPORT TO:City Commission
FROM:Addi Jadin, Park Planning and Development Manager
Mitch Overton, Director of Parks and Recreation
Chuck Winn, Assistant City Manager
SUBJECT:Authorize the City Manager to Sign a Utility and Access Easement and
Agreement with Northwestern Energy for Residences Adjacent to New
Hyalite View Park
MEETING DATE:February 15, 2022
AGENDA ITEM TYPE:Agreement - Property
RECOMMENDATION:Authorize the City Manager to Sign a Utility and Access Easement and
Agreement with Northwestern Energy for Residences Adjacent to New
Hyalite View Park
STRATEGIC PLAN:1.4 Business and Institutional Partnerships: Explore opportunities for
partnerships with key business groups and non-profit organizations.
BACKGROUND:Properties at the cul-de-sac terminus of Cherry Lane in the New Hyalite
Subdivision are served with lower amperage than is typical for new
construction due to their distance from the existing transformer. Customers
at 1450 Cherry Lane are approaching completion of a single-family
construction project (Building Permit 21-31213) and need their service
upgraded from a 200A panel to a 400A panel which is typical of newer
construction/remodels.
Due to the era of the subdivision, existing Northwest Energy easements are
prescriptive and the existing service line runs through multiple backyards
with sheds and other encroachments. This subdivision configuration has
caused the need for other public utilities to be run through the park parcel.
Allowing the 5-foot by approximately 220-foot underground electrical power
line easement through the park alleviates undue burden on the service
provider and expense that would be passed on to the residence. Relevant
City Departments have reviewed the proposed easement to mitigate
impacts to the park and existing utilities. Conditions are included in the
agreement including the following:
Fee based on the current City-adopted parkland cash-in-lieu appraisal
value of $2.07 per square foot, amounting to $2277.00
Restoration and weed monitoring requirements for the area of
disruption
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Minimum boring depth of 3-4 feet for the new service line to avoid
conflict with other utilities
UNRESOLVED ISSUES:NA
ALTERNATIVES:Per Commission
FISCAL EFFECTS:Payment of $2277 will be made to the Park Land Trust Fund.
Attachments:
Hyalite View Park - NWE Underground Electric
Easement.docx
Report compiled on: February 3, 2022
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After Recording, Return To:NorthWestern EnergyLands & Permitting Department11 East Park StreetButte, MT 59701-1711
UNDERGROUND ELECTRIC AND ACCESS EASEMENT AND AGREEMENT
City of Bozeman, a Municipal Corporation of the State of Montana, with a mailing address
of 121 North Rouse Avenue, PO Box 1230, Bozeman, MT 59771, the GRANTOR(S), in
consideration of two thousand two hundred and twenty seven dollars ($2,277.00) and
other good and valuable consideration, receipt of which is acknowledged, grant(s) to
NORTHWESTERN CORPORATION, a Delaware corporation, d/b/a NORTHWESTERN
ENERGY, of 11 East Park Street, Butte, Montana 59701-1711, GRANTEE, and to its
successors, assigns and apportionees, an easement to install, construct, operate,
maintain, replace, upgrade and remove an underground electric power line,
communications systems, and necessary appurtenances for the purpose of transmitting
electricity over, under, along and across a strip of City of Bozeman parkland situated in
Gallatin County, Montana, five feet wide to be located on the following described real
property:
A portion of a park in the New Hyalite View Subdivision, located in Section 17,
Township 2 South, Range 6 East, P.M.M., Gallatin County, Montana, according to
the official plat thereof on file and of record in the office of the Clerk and Recorder
of Gallatin County, Montana.
The approximate location of the easement is more particularly described on the attached
Exhibit A which by this reference is made a part hereof.
This grant includes the right of the GRANTEE, its successors, permittees,
licensees, and assigns and its and their agents and employees, to enter at all times upon
the above-described land by using existing roads or trails or otherwise by a route causing
the least damage and inconvenience to the GRANTOR(S) in order to survey and establish
the route and location of the easement and the underground power line and to:
(1)Construct, operate, patrol, repair, substitute, remove, enlarge, replace, and
maintain the underground power line, services, connections, accessories and
appurtenances;
(2)Support the underground power line across drainage areas with structures which
GRANTEE deems necessary.
THE GRANTEE AGREES:
(1)That, in connection with the construction, operating, patrolling, repairing,
substituting, removing, enlarging, replacing, and maintaining of said underground power
line, it will repair or replace, at its sole expense, or pay to GRANTOR(S) the reasonable
value of any damages to growing crops, existing fences, ditches and other appurtenances
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of said land that may be disturbed by its operation, as determined by the GRANTOR, in
a timely manner when weather conditions are conducive.
(2)That it will notify the Parks and Recreation Department prior to any actions that
could interfere with events or seasonal maintenance planned for the park area.
(3)That, during operations involving excavation, it will remove the topsoil from the
trenched area to a depth of one foot, or to the full depth of the topsoil, whichever is less,
and stockpile said top soil for replacement over the trench. It will remove from the site
any large rocks or surplus excavating material or any debris that may have been exposed
by the excavation and remains after backfilling is completed. And, it will leave the finished
surface in substantially the same condition as existed prior to the beginning of operations
except that the surface of backfilled areas may be mounded sufficiently to prevent the
formation of depressions after final settlement has taken place.
(4)That it will monitor the disturbed area for weed emergence and revegetate as
needed for a period of 5 years after the initial installation and shall perform at its sole
expense, or pay to GRANTOR the reasonable value for, weed mitigation necessitated in
the area of disturbance.
(5)That the power line will be installed at depth no greater than four feet below the
surface of the existing terrain to avoid conflicts with other public utilities in the parkland.
(6)That, prior to construction, it will pay the City two thousand two hundred seventy-
seven dollars ($2277.00) for the one thousand one hundred (1100) square foot area of
the easement which is based on the City-adopted appraisal value for parkland ($2.07 per
square feet) and the dimensions of the easement being five (5) feet wide by roughly two
hundred twenty (220) feet in length.
THE GRANTOR(S) AGREES:
(1)At no time will they modify the finished grade of the land over the underground
powerline by removal of existing soil or by placement of fill material within the boundaries
of said easement without the prior written consent of the GRANTEE.
(2)The GRANTOR(S) warrants that they are lawfully seized and possessed of the
real property described above, that they have a lawful right to convey the property, or any
part of it, and that they will forever defend the title to this property against the claims of all
persons.
(3)The GRANTEE may peaceably hold and enjoy the rights and privileges herein
granted without any interruption by the GRANTOR(S). The terms, covenants and
provisions of this easement and agreement shall extend to and be binding upon the heirs,
executors, administrators, personal representatives, successors and assigns of the
parties hereto.
DATED this ______ day of _____________________, 20 .
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ACCEPTED:
_________________________
CITY OF BOZEMAN
By ______________________
City Manager
ATTEST:
_______________________________
City Clerk
STATE OF MONTANA )
) ss.
County of Gallatin )
On this ______ day of ___________________, 20 , before me, a Notary Public
for the State of Montana, personally appeared JEFF MIHELICH and MIKE MAAS, known
to me to be the City Manager and City Clerk for the City of Bozeman and the persons
whose names are subscribed to the within instrument, and acknowledged to me that they
executed the same for and on behalf of the City of Bozeman.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the
day and year first above written.
(SEAL)
______________________________________
Notary Public for the State of Montana
___________________________________
(Printed Name)
Residing at Bozeman, Montana
My Commission Expires: //20
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NorthWestern Corporation, a Delaware
Corporation, d/b/a NorthWestern Energy
Roy Ishkanian, Manager of Lands &
Permitting
STATE OF MONTANA )
) ss.
County of Gallatin )
On this ____ day of ___________________, 20 , before me the undersigned,
a Notary Public for the State of Montana, personally appeared, Roy Ishkanian, known to
me to be the Manager of Lands & Permitting and the person whose name is subscribed
to the within instrument and acknowledged to me that he executed the within instrument
for and on behalf of NorthWestern Corporation, a Delaware corporation, d/b/a
NorthWestern Energy.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial
Seal the day and year first above written.
(SEAL)
Notary Public for the State of Montana
___________________________________
(Printed Name)
Residing in
My Commission Expires ______//20
Project: BOZ RS 1450 CHERRY DR.
Agent: Dylan Swanson
Engineer: Kory GrahamSAP No.:24137903-1000
QRM #:
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Exhibit “A”
The following is made a part of that certain Underground Electric Easement, dated
_______________ by and between The City of Bozeman, a political subdivision of the State of
Montana, as “Grantor” and Northwestern Corporation, a Delaware corporation, d/b/a
NorthWestern Energy as “Grantee”.
All distances, areas and measurements shown below are approximate and not to scale.
A portion of a park in the New Hyalite View Subdivision, located in Section 17, Township 2 South, Range 6 East, P.M.M., Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the Clerk and Recorder
of Gallatin County, Montana.
North
Approx. location of new 5’
Underground Electric
Easement =
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Memorandum
REPORT TO:City Commission
FROM:Bob Murray, Project Engineer
Lance Lehigh, Interim City Engineer
SUBJECT:Authorize the City Manager to Sign a Right-of-way Agreement for
Construction of Improvements to Story Mill Road - Parcel 2 (Jeffrey Brandner
and Raymond Rega)
MEETING DATE:February 15, 2022
AGENDA ITEM TYPE:Agreement - Property
RECOMMENDATION:Authorize the City Manager to sign the Right-Of-Way Agreement, Storm
Drain Easement, Waiver Valuation, Escrow Instructions, Buyer’s Instructions,
and Closing Statements needed for the City to install improvements to Story
Mill Road.
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:The total cost of this acquisition is $2,639.25 which will be paid for using the
Street Impact Fee Fund.
Attachments:
Story Mill Road Agreements, Easements and Closing
Documents.pdf
Story Mill Road Agreements, Easements and Closing
Documents 2.pdf
Report compiled on: February 3, 2022
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Memorandum
REPORT TO:City Commission
FROM:Jessica Ahlstrom, Water Conservation Program Manager
John Alston, Director of Utilities
SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with
Green Gardens Group LLC for a Bozeman Watershed Wise Landscape
Webinar Series
MEETING DATE:February 15, 2022
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign a Professional Services Agreement with
Green Gardens Group LLC for a Bozeman Watershed Wise Landscape
Webinar Series
STRATEGIC PLAN:6.1 Clean Water Supplies: Ensure adequate supplies of clean water for today
and tomorrow.
BACKGROUND:The core objective of the City’s water conservation program is to educate
and empower residents to use water efficiently. In the summer of 2021, the
City hired the Environmental Protection Agency’s WaterSense® accredited
Green Gardens Group to host their Watershed Wise Landscape Webinar
Series for Bozeman residents to provide them with the knowledge to
increase outdoor water use efficiency through landscape and irrigation
changes. Dozens of community members signed up for the Webinar Series
in 2021 and overwhelmingly provided positive feedback about the content.
With fifty percent of summer water use going into lawns and landscapes,
expanding efficient outdoor water use practices in the community is central
to reducing overall water demand and extending the reach of the City’s
current reliable water supply.
The City would like to offer the Green Gardens Group Watershed Wise
Landscape Webinar Series to residents in 2022. The Webinar Series provides
comprehensive guidance to water customers regarding landscaping basics,
turf removal and organic maintenance, irrigation efficiency, composting and
soil health, and drought tolerant landscape design through an interactive
online program. Throughout the webinars, attendees are invited to submit
their questions in the online Q/A chat box. Live responses to questions will
be provided by professional landscape designers and various polls create an
interactive environment and an opportunity to engage the audience.
Taught by experienced landscape designers through a series of six interactive
online courses, these topics will again provide water customers with the
information needed to transform their landscape to improve water quality
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and reduce water use. All course content is customized for the City of
Bozeman and will be offered to customers throughout the months of
April/May 2022. Considering the limitations imposed on in-person outreach
events due to COVID-19, these online courses will provide the community
with an opportunity to engage and learn about outdoor water use efficiency
safely.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the City Commission
FISCAL EFFECTS:Total costs for this project equal $9,700.00 and will be paid for out of the
Water Conservation Division professional services fund.
Attachments:
Professional Services Agreement_G3_Water Wise Landscape
Webinar Series.pdf
Attachment A_G3_Scope of Services.pdf
Report compiled on: February 2, 2022
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 2022
(“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, G3LA, LLC dba Green Gardens Group, 149 S.
Barrington Ave. # 758, Los Angeles, CA 90049, 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 5th day of March, 2023 unless earlier terminated in accordance with this Agreement.
3. Scope of Services: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services. For conflicts between this Agreement and
the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4. Payment: City agrees to pay Contractor the amount specified in the Scope of
Services. Any alteration or deviation from the described services that involves additional costs above
the Agreement amount will be performed by Contractor after written request by the City, and will
become an additional charge over and above the amount listed in the Scope of Services. The City
must agree in writing upon any additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
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Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific
steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that
Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief
to the City so as to permit the services to continue at no additional cost to City.
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Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
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this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right of
contribution for loss or damage to person or property arising from, growing out of, or in any way
connected with or incident to the performance of this Agreement except “responsibility for [City’s]
own fraud, for willful injury to the person or property of another, or for violation of law, whether
willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
Workers’ Compensation – statutory;
Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on both the Commercial General
and Automobile Liability policies. The insurance and required endorsements must be in a form
suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal.
Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any
required insurance coverage will be terminated or Contractor’s decision to terminate any required
insurance coverage for any reason.
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The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
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
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in progress.
c. In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of the
Notice of Termination for City’s Convenience.
d. The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature arising, or claimed to have arisen, as a result of the termination.
10. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be Jessica Ahlstrom, Water Conservation 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.
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b. Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be Pamela Berstler, CEO G3LA, LLC dba G3, Green Gardens
Group, or such other individual as Contractor shall designate in writing. Whenever direction
to or communication with Contractor is required by this Agreement, such direction or
communication shall be directed to Contractor’s Representative; provided, however, that in
exigent circumstances when Contractor’s Representative is not available, City may direct its
direction or communication to other designated Contractor personnel or agents.
c. Notices: All notices required by this Agreement shall be in writing and
shall be provided to the Representatives named in this Section. Notices shall be deemed given
when delivered, if delivered by courier to Party’s address shown above during normal business
hours of the recipient; or when sent, if sent by email or fax (with a successful transmission
report) to the email address or fax number provided by the Party’s Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
13 Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
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
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require an age, physical or mental disability, marital status or sex distinction. The Contractor shall
be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
16. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
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
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compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
18. Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist
in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22. Survival: Contractor’s indemnification shall survive the termination or expiration of
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
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balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
30. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
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 G3LA, LLC dba Green Gardens Group
By__________________________________ By__________________________________
Jeff Mihelich, City Manager Pamela Berstler, CEO
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APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
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Attachment A: Scope of Services
G3LA, LLC dba G3, Green Gardens Group Watershed Wise Landscape Webinar Series
I. Introduction
This document outlines the tasks to be completed by G3LA, LLC dba G3, Green Gardens Group,
(hereinafter “Contractor”) for the Watershed Wise Landscape Webinar Series for the City of
Bozeman, Department of Public Works (hereinafter “City”), 20 East Olive Street Bozeman,
Montana 59715.
II. Purpose
The City requires an organization with the skills and expertise to host a watershed wise
landscape webinar series to educate and inspire Bozeman residents to establish beautiful low
water use landscapes and reduce outdoor water use. Bozeman residents have expressed interest
in gaining a better understanding on how to transform high water use lawns into water-efficient
landscapes. The intent of this project is to provide Bozeman residents with the knowledge to
make water-saving landscape transformations from an accredited WaterSense® professional
certifying organization.
III. Scope of Services
Contractor will provide an interactive online program consisting of six classes to educate, inspire
and motivate homeowners to transform yards into watershed-wise landscapes. Throughout the
webinars, attendees are invited to submit their questions in the online Q/A chat box. Live
responses to questions will be provided by professional landscape designers and various polls
create an interactive environment and an opportunity to engage the audience.
Learning Objectives:
Evaluate a property as though it were a mini-watershed
Use soil food web principles to remove lawn without chemicals and build living soil
Review irrigation methods and practices to maximize water use efficiency
Select and place plants on a property according to water needs and key design principles
Tips and techniques to compost building for a healthy soil sponge
Proper design, installation, and maintenance of drip irrigation systems
Description of Classes:
Each webinar within the series must have at least 5, but no more than 100 attendees. The webinar
series is to be completed in April/May 2022 and the format for each webinar within the series is
as follows:
Instructor welcome attendees
Discuss any relevant City rebates or water conservation programs
Cover curriculum and offer ongoing Q/A throughout
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Follow up with links to resources and City rebates
Each webinar included in the series is listed below:
Watershed Wise Landscaping – 60 minute webinar that discusses key principles of a watershed
wise landscape, the recommended model for any landscape transformation program and outlines
the following information:
Building healthy living soil
Utilizing passive rainwater
Selecting local climate appropriate/native plants
Using high efficiency irrigation
Turf: Remove, Replace, or Maintain It (Organically) – 60 minute webinar that discusses
removing and managing turf using the following information:
Removing turf without the use of chemicals
Replacing turf with climate appropriate plantings
Keeping the turf in place but maintaining it in an organic manner
o Building soil for healthy lawns
o Properly irrigating a lawn
o Simple lawn care strategies to improve resilience
o Managing the big three: weeds, pests, and disease
Irrigation Basics and Water-Use Efficiency – 60 minute webinar that reviews best practices for
irrigation and water use efficiency, including the following topics:
Overview of an irrigation system
Irrigation and the soil moisture balance
Typical irrigation problems in the landscape
Tips for conservation
Converting to drip irrigation
Compost, Building the Soil Sponge – 60 minute webinar that covers the following process for
creating healthy soil:
Understanding how plants work with their soil
Introducing the soil food web
Techniques and tips for making compost
Sheet mulching to build healthy soil
Selecting other soil amendments for the garden
Garden Design Workshop – 90 minute webinar that takes attendees through the step-by-step
process of creating a successful watershed wise design and include the following information:
Raingarden design and placement
Selecting a plant palette
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Role of native plants
Layout recommendations
Design considerations
Drip Irrigation Maintenance and Troubleshooting – 60 minute webinar that details the following
steps to an efficient drip system:
Understanding the basics of drip irrigation
Techniques on proper drip design
How to properly install drip irrigation
Discuss resources for troubleshooting
How to implement a maintenance program for the drip system
IV. Contractor Responsibilities
Contractor shall:
Set up a secure calendar of classes and online registration database through Contractor’s
website to manage and deliver the webinar program via Zoom online meeting platform;
Communicate with participants through email as needed before the webinar takes place,
including registration confirmation and reminders;
Provide two qualified instructors for each webinar; one instructor to lead the webinar and
another instructor to be available throughout the webinar to answer questions submitted
by attendees via the Q/A chat box, manage polls, and provide backend support during
events;
Ensure that the class curriculum is regionally appropriate within the Bozeman service
area. All customized content shall be approved by City;
Provide City with registration and attendance detail;
Collect, tally and submit class evaluation forms.
V. City Responsibilities
City shall:
Provide webinar advertising and marketing to the public;
Provide Contractor with access to relevant images and information to be used in
customizing webinars for regional appropriateness;
Provide resources and information on relevant programs to be included in webinars;
Provide input and final approval of customized class content;
Attend each webinar.
VI. Cost and Timeline
The six webinars included in the Watershed Wise Landscape Webinar Series are to be hosted
one time each in April/May 2022. The total cost to host each of the six webinars once, plus a
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one-time customization fee for the Drip Irrigation Maintenance and Troubleshooting class, totals
$9,700.00.
Cost: $250 $1,500.00 $1,500.00 $1,500.00 $1,500.00 $1,950.00 $1,500.00
TOTAL:
$9,700.00
One-time
Customization
Fee for the Drip
Irrigation
Maintenance
and
Troubleshooting
Class
Watershed
Wise
Landscaping
Class
Turf:
Remove,
Replace or
Maintain It
(Organically)
Class
Irrigation
Basics
and Water
Use
Efficiency
Class
Compost,
Building
the Soil
Sponge
Class
Garden
Design
Workshop
Class
Drip Irrigation
Maintenance
and
Troubleshooting
Class
If after the third presentation of a webinar topic of Contractor’s curriculum, City wishes to take
over the instructions, each webinar can be licensed indefinitely for a one-time payment of
$750.00 per presentation. The license includes both virtual and in-person rights to the
presentations. The license is limited to the Bozeman, MT service area and Contractor will retain
all intellectual property rights to the material.
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Memorandum
REPORT TO:City Commission
FROM:Renata Munfrada, Community Housing Program Coordinator
David Fine, Economic Development Program Manager
Brit Fontenot, Economic Development Director
SUBJECT:Authorize the City Manager to Sign a First Addendum to the Professional
Services Agreement for Community Housing Services with HRDC
MEETING DATE:February 15, 2022
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign the First Addendum to the Professional
Services Agreement for Community Housing Services with HRDC.
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:Housing affordability is a critical issue for the community and has been an
ongoing concern since it was identified as an issue in the 1972 community
master plan. The City works closely with HRDC to provide additional capacity
regarding affordable housing best practices and updated program guidance.
Per BMC Sec. 38.380.010 A., The Bozeman Community Plan established a
goal to encourage an adequate supply of affordable housing and land for
affordable housing in Bozeman. A lack of affordable housing affects the
ability of many residents to find housing which is adequate for their basic
housing needs.
The Professional Services Agreement (PSA) for the Community Housing
Program Scope of Services Amendment includes the proposed HRDC
Community Development Director (CDD) base operational budget of $14,400
for FY2022. The budget was not included in the original PSA.
The HRDC CDD helps staff to respond to inquiries from developers of
subsidized and market rate housing, provides technical assistance to housing
developers and non-profits, and assist citizens seeking affordable housing
resources with information and access to services. The City has contracted
with HRDC for this service in the past, but, as an oversight, it was not
included in the current PSA.
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UNRESOLVED ISSUES:None at this time.
ALTERNATIVES:At the direction of the City Commission.
FISCAL EFFECTS:The cost of the amendment is $14,400. Funding is available in the
Community Housing Fund budget for FY2022.
Attachments:
Amendment 1 to PSA with HRDC for Community Housing
Services.docx
Report compiled on: January 31, 2022
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FIRST Amendment to Professional Services Agreement for Community Housing Program Services
FY 2021 – FY 2022
Page 1 of 3
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR
__Community Housing Program Services__dated __January 31, 2022__ (the “Agreement”) is
made and entered into this _6th_ day of __July__, 2022, 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
__Human Resource Development Council of District IX__, 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 Amended:The scope of services is amended to include additional
services as defined in Exhibit “B” attached hereto.
2.Agreement still valid. All remaining terms and provisions of the Agreement remain valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
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FIRST Amendment to Professional Services Agreement for Community Housing Program Services
FY 2021 – FY 2022
Page 2 of 3
IN WITNESS WHEREOF,the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA HUMAN RESOURCE DEVELOPMENT
COUNCIL OF DISTRICT IX, INC.
By________________________________By_____________________________
Jeff Mihelich, City Manager Print Name: Heather Grenier
Title: President/CEO, HRDC
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
110
FIRST Amendment to Professional Services Agreement for Community Housing Program Services
FY 2021 – FY 2022
Page 3 of 3
Exhibit “B”
Since 1983, HRDC has served as an extension of the City’s housing and community
development staffing. HRDC’s Community Development Director (CDD) works
closely with City staff to provide additional capacity regarding affordable housing
best practices and updated program guidance. The CDD helps staff to respond to
inquiries from developers of subsidized and market rate housing, provides
technical assistance to housing developers and non-profits, and assists
citizens seeking affordable housing resources with information and access to
services. The CDD also works to build a more sustainable community by
focusing on the relationships between affordable housing, economic and
workforce development, and transportation systems within the city.
111
Memorandum
REPORT TO:City Commission
FROM:Chuck Winn, Assistant City Manager
SUBJECT:Resolution 5371 Authorizing Prime Change Order 15 with Langlas and
Associates for Construction of the Bozeman Public Safety Center
MEETING DATE:February 15, 2022
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Approve Resolution 5371, Authorizing Prime Change Order 15 with Langlas
and Associates for Construction of the Bozeman Public Safety Center.
STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency
preparedness, facilities, and leadership.
BACKGROUND:On July 27, 2020, the City Commission approved the Guaranteed Maximum
Price Amendment for Construction of the Bozeman Public Safety Center as a
part of the General Construction/Construction Manager agreement. This
amendment contains provisions for altering the conditions of the agreement
as authorized by the owner (City) to include additional work and credits
resulting in a credit to the owner's contingency of $17,400.92. The majority
of additional costs in this change order are attributed to a change in the
apparatus by necessitated by change in the fire station door package
resulting from the award of an bid alternate. The Safety Center budget
contains both owner and contractor contingencies to address unforeseen
conditions, scope gaps, and owner requested changes. While every
reasonable attempt was made to include everything in the original project
plans and specs, projects of this size and complexity require changes during
construction. The changes included in this request are reasonable and are
within existing contingency amounts and overall project budget as
authorized by the City Commission
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the Commission.
FISCAL EFFECTS:The net amount of Change Order 15 is within the approved contingency
amounts and authorized project budget.
Attachments:
Resolution_5371 CO15.docx
BPSC Job No. 19426 Prime CO 15 signed STL.pdf
112
19426 Change Estimate Log 12.21.21_reduced.pdf
Report compiled on: January 31, 2022
113
Version April 2020
RESOLUTION 5371
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA,
WHEREAS,the City Commission did, on July 27, 2020, authorize award of the
Guaranteed Maximum Price (GMP) Amendment for Construction of the Bozeman Public Safety
Center with Langlas and Associates; and
WHEREAS,Section 7-5-4308, Montana Code Annotated, provides that any such
alterations for modification 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
and 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 alternates to the GMP Amendment for
Construction of the Bozeman Public Safety Center, as contained in Change Order #15, 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.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 15th day of February, 2022.
___________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
114
Version April 2020
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
115
116
Date: 12/21/2021Change Estimate LogCONTRACT SUMMARYCONSTRUCTION CONTINGENCY SUMMARYContract Sum at GMP36,436,485.00$ Construction Contingency at GMP888,695.00$ Project Name:Previously Approved CO's936,798.71$ Previously Approved Adjustment415,964.60$ Bozeman Public Safety CenterCurrent Contract Sum37,373,283.71$ Current Contingency Amount472,730.40$ = Current CO ProposedJob Number: 19426Current Proposed CO(17,400.92)$ Current Proposed Adjustment56,635.87$ ROM = Rough Order of MagnitudePending CE's161,352.79$ Pending CE's1,809.06$ Potential New Contract Sum37,534,636.50$ Potential Contingency Remaining414,285.46$ CE # Related DocumentPrimeCO #DescriptionPotential Revision for ReviewCurrent CO for Approval Approved AmountPotential Revision to Construction ContingencyCurrent Adjustment to Construction Contingency for ApprovalApproved Adjustment to Construction ContingencyStarting Contract Amount (EWA 1)238,788.00$ -$ 1CoB Permit No. 287011 Provide demolition permit fees by Contractor. Previously listed "by Owner".2,009.57$ 2RTI Invoice 19-47791Provide Hazardous Material Survey and Sample Testing. Previously listed "by Owner".5,225.24$ 3RTI Invoice 19-48232Provide Hazardous Material Air Clearance Testing. Testing previously "by Owner".2,537.25$ 4EWA #1A3Remove buried foundation elements below Building "H", deemed as unforeseen conditions1,270.14$ 5EWA #2A3Concrete and Asphalt Material Crushing, Testing and Survey78,685.26$ 6EWA #34Rouse Avenue Utilities Early Work121,747.67$ 7EWA #3 T&M Work5Miscellaneous Time and Material Work During EWA 3 (NWE Prep, Insulate Water Main, etc.)324.23$ 8EWA #4 Sitework Package5Early Sitework Package Contract Awards and General Conditions3,073,348.35$ 13GMP Exhibit No. 1GMPAdd Building Packages to Contract for Guaranteed Maximum Price32,912,549.30$ (888,695.00)$ TOTALS AT GMP36,436,485.00$ (888,695.00)$ 9L. Evans E-mail 05.05.207Soil Removal and Replacement in Soft Areas in South West Parking Lot Area3,781.06$ 10S. Holt E-mail 05.19.207Hand Compaction of Curb Subbase and Base Due to Conflict with NWE Gas Line3,795.74$ 11ASI 0037Increase in Storm Drain Pipe due to Design Development1,808.20$ 12L. Evans E-mail 07.09.207Soil Removal and Replacement in Soft Areas on West Drive and North Parking Lot Areas10,476.03$ 14PR 01 -Decorative Fencing VENot Accepted15aPR 02 - Civil and Landscape14Modifications to Civil and Landscaping between EWA 4 and Final Design2,329.18$ 15bPR 02 - Fencing Modifications to Permanent Fencing between EWA 4 and Final Design-$ LL e-mail follow-up 12/10/21 with secure fence VE feedback.16aAddendum 4 / RFI 0068Building Permit Review Comment Changes - Structural Revisions41,163.21$ 16bAddendum 4 and 5 Building Permit Review Comment Changes17GC/CM Agreement §11.37Builder's Risk Insurance75,404.91$ 18PCO 1, 2, 37EWA Permitting and Testing Fees not included with GMP11,724.21$ 19Bid Package 10A / PR 2014Fall Protection Roof Anchors1,790.66$ 31,037.87$ 20Alternate 87 Savings to Split Solar PV from Electrical Subcontractor(9,034.67)$ 21Building Re-Bid 08/07/207 Contract Re-Bid Bid Packages(7,973.95)$ 22Addendum 5 / PR 03 & 03.17Additional Sanitary Waste Plumbing and Backwater Valve Resulting from Building Permit Review37,151.70$ 23PR 048Replace KS-3 Faucets in Family Care 100F & Kitchenette 105A with Touch-Free KS-4 Faucets595.47$ 24RFI 0237Insulation Cover Protection Over Sand Oil Separator Vault and Inlet Pipe2,950.12$ 25RFI 02411 Reduction of Embed Studs(2,002.28)$ 26Building Re-Bid 08/07/20 Contract Remaining Bid Package Allowances27RFI 033 9Embed Plates at Bottom of All Brace Frame Footings22,855.51$ 28RFI 0208Foundation Wall Thickness Change at Stair 3 Alcove661.43$ 29ASI 0108Revised Foundation Wall Height at Area A684.20$ 30ASI 016 8PD Open Office Electrical and Technology Revisions4,516.68$ 31RFI 0679Modify Fitness Storage Room Doors with Louver Grilles137.62$ 32RFI 039b / PR 069Wall & Casework Modifications in Open Office 110971.25$ 33PR 058Ceiling and Electrical Revisions2,170.33$ 34Building Permit Schedule Extension for Permit Review Delay35aRFI 04212Area A Entry Footing Change4,780.40$ 35bRFI 066, ASI 01912Area D Entry Footing Change4,043.52$ 36Anodized Aluminum VE8Revise Aluminum Storefront, Curtainwall, Automatic Sliding Entrances and Windows to Anodized(11,117.65)$ 37Sheet L-002 Note 211Drilling of Irrigation Well14,342.82$ 38RFI 05710Electrical Room 148B Changes (Elimination of Panel, relocate circuiting, reduced panel rating)(2,558.34)$ 39RFI 043-Glycol Concentration Discrepancies for AHU-2, AHU-3 and ERV-1Closed40RFI 08913Screened Rock for Interior Backfill and Slab Prep4,290.93$ 41aPR 08a - Rough-in13PD Interview Rooms Building Security System Coordination with Getac Video Solutions8,262.16$ 41bPR 08a - Cameras14PD Interview Rooms Building Security System Coordination with Getac Video Solutions54,472.36$ 42PR 0910Modified Furniture Layout in Digital Forensics Room 142E2,195.67$ 43PR 10-Changes to FD Wardrobe ClosetNot Accepted44PR 079Additional Exterior Electrical Outlets714.47$ 45Bid Package 31 Allowances13Material Off-Haul and Structural Fill Import Beyond Contract Allowances27,567.69$ Approved by C.Winn via phone call 06/04 with L.CantrellSent to T1 for review 04/15/21Drilling of the well not included in GMP.RFI response revised so there would be no cost change.Sent to T1 for review 8/5/21Due to ceiling height change, CoB opted to forgo. OAC 04/01/21Building mounted receptacles, only, approved.Sent to T1 8/4 for review.Closed 11.19.20 OAC. Savings $26,115.98.Approved 10/29/21 OACDiscussed 03.04 and approvedReserve costs for future discussion and evaluation of schedule.Inadvertently not included with GMP document.Sent to T1 9/17/21 for review.See Allowance Log.Sent to T1 for review 04/15/21Pricing options from AVI and LONG submitted to T1 10/25/21City of BozemanLanglasCommentsTracked T&M.Negative amounts to Const. Contingency mean funds added.Tracked T&M.2270 Grant Road Billings, MT 59102 P 406.656.0629 F 406.656.1088 ~ 1019 East Main St., Suite 101 Bozeman, MT 59715 P 406.585.3420 F 406.585.4110 ~ 280 East Front., Suite B Missoula, MT 59802 P 406.215.1356 F 406.926.2005117
CE # Related DocumentPrimeCO #DescriptionPotential Revision for ReviewCurrent CO for Approval Approved AmountPotential Revision to Construction ContingencyCurrent Adjustment to Construction Contingency for ApprovalApproved Adjustment to Construction ContingencyComments46RFI 06512Revision and Rework of Area D Wall - Along GL D.2 at V-190927.33$ 47ASI 2410Modification of Hand Rail Design and Installation3,658.57$ 48ASI 2810VAV Schedule Revisions(781.79)$ 49RFI 0719Horizontal Joint Reinforcement in 8M-1 and 12M-3 Wall Types(5,746.15)$ 50PR 1114Courtroom AV7,552.47$ 51CASE Testing10Masonry Grout Comparison Testing6,908.07$ 52Sub.05 3100-01 / RFI 05011Credit to Omit Primer on Underside of Deck at Non-Exposed Areas(11,837.15)$ 53Bid Package 7E11Add Vapor Barrier at Exterior CMU Walls72,264.70$ 54PR 12-FD Kitchen Dishwasher/Sanitizer AdditionNot Accepted55RFI 10915Increase Roof Drain Pipe Sizing from 4" to 6"3,249.62$ 56Master Budget Reconciliation10Move Builder's Risk Insurance from Contractor Contingency to Owner Change75,404.91$ (75,404.91)$ 57PR 1313Drive Approach Sleeves to Future NWE Overhead Line Relocation5,519.52$ 58Allowance 210Add to Winter Conditions Allowance380,000.00$ 200,000.00$ 59ASI 40 / Submittal #6111 Revised Masonry Veneer Ledger Angle Details12,571.97$ 1,809.06$ 60RFI 03212Revised Brick Ledge at Grid A.41,074.82$ 61PR 1412Fire Department Gear Dryer (Electrical Modifications)867.04$ 62PR 1513Fire Department Conference Room Second Display and Screen Size Increase3,495.16$ 62aPR 15 Correction15Credit Duplicate Screen Cost from Prior CE(642.15)$ 63PR 16holdSuper Graphics3,893.39$ 64ASI 3912Second Level Floor Box Locations(977.88)$ 65ASI 43aMasonry Mechanical Chase Opening in Area D Grid 2.7 Wall542.25$ 66PR 1713FD GPS Repeater Infrastructure2,627.73$ 67PR 1813Future Judge Restroom RR-251 Plumbing Rough-in2,697.87$ 68PR 18-Future Judge's Office 251 and Judge Restroom RR-251 Shell Fit OutNot Accepted69RFI 19913Add (2) Dedicated Circuits for AV Racks in Briefing Room 122 and Storage ST-1051,241.74$ 70Open71Spec 27 5319, 28 3201, T-006 In-Building Wireless Systems72Solar PV Array Upgrade13Upgrade Solar Panel Array from 50kW to 250kW255,842.11$ 73NWE Work Outside Contract15Sitework Reclamation after NWE Permanent Service Install1,472.46$ 74PR 20-Combined with CE 7275PR 2113Dual Data Port at Police Dept Canopies657.83$ 76ASI 4813Steel Sheathing Wall Assembly Revisions(14,237.86)$ 77PR 1913Courtroom Casework Revisions3,358.37$ 78PR 2213FD Cleaning (Rm. 154C) - Electrical Updates(279.78)$ 79PR 23South Lobby Furring Wall5,340.21$ 80PR 24-Armory Counter and Shelving ExtensionAccepted81RFI 17915Added Angle and Plate Steel at Courtroom Clerestory Walls1,587.10$ 6,889.29$ 82Bid Package 9A, VE Price 1-Eliminate Drywall Z-Reglet DetailsClosed83Bid Package 13A / PR 2815Facilities Storage Building Revised Design(11,528.53)$ 84PR 25holdLandscape Boulders at South Staff Entry15,069.65$ 85Irrigation Well13Credit for Actual Well Development Depth and Pump Electrical Disconnect(1,200.92)$ 85aIrrigation Well Credit Correction15Correct Pump Electrical Disconnect Credit603.08$ 86Submittal 48615Raceway and Box Rough-In for Four-Fold Door Control Wiring40,793.71$ 87Bid Package 9D14Replace Flooring Subcontractor84,000.19$ 88ASI 56-Four Fold Door Control Box and Pilaster CoordinationClosed89PR 26-Delete Window Film and add Black-out Roller Shade at Evidence Pick-Up WindowNot Accepted.90Bid Package 31 Allowance Material Off-Haul Beyond Contract Allowance (August 2021 through December 2021)holding91ASI 5714PD Records HD Storage Area Change to Workstations5,365.26$ 92RFI 207.1 Change Open Office 110 East Wall TVs from Ceiling Mount to Wall Mount93Bid Package 9C Contract No-Bid Acoustic Ceiling Tile and Wall Panels Bid Package106,563.05$ 94RFI 216 / Insp. Report 9.9.2115Additional Welding from Relief Angle to Steel Stud Framing8,349.79$ 95RFI 22214Add Remote Operators to SRG-1 Courtroom Return Grilles5,777.53$ 96RFI 171Entry Vestibule HSS Spacers97PR 27Fire Station Alerting System Revisions4,628.09$ Sent to T1 12/6/2198ASI 61-Apparatus Bay StripingClosedLanglas agreed to cover this cost along with whole floor epoxy.99PR 2915Remove Elevator Power Module and Cab Light Disconnects(11,539.42)$ Approved 12/9100ASI 63Add Brick Veneer Ledger Angle at FD Vestibule East Exterior Wall101ASI 64Elevator FACP Cabling673.51$ 102RFI 236Add Parapet Cap Flashing at Area D Roof Screen Walls921.05$ Sent to T1 for review 12/6/21.103RFI 195-Change Service Window to Painted Black FinishNot AcceptedClosed 12/09/21 OAC.104PR 30Chair Rail Wall Protection11,149.62$ 105ASI 66Speaker Cabling and Back Boxes for Fire Station Alert System106TOTALS POST GMP161,352.79$ (17,400.92)$ 936,798.71$ 1,809.06$ 56,635.87$ 415,964.60$ Sent to T1 for review 10/28/21; discussed 10/29/21. T1 will review with ACE.Sent to T1 7/28/21 for review.Sent to T1 for review 12/2/21.Sent to T1 for review 04/15/21Approved in 06/10/21 OAC.Revised, submitted to T1 06/24/21 for review.Approved in 06/10/21 OAC.Not to Exceed shared cost between Owner and Contingency.Sent to T1 for review 12/02/21Approved in 06/10/21 OAC.Approved in 06/10/21 OAC.Not Accepted.Approved by CoB during 12/16/21 OACApproved 09/02/21 OAC.Sent to T1 for review 12/3/21.LL and T1 addressing separately from the contract.50/50 split Const. Contingnecy and Contractor Out-of-PocketApproved 10//14/21 OACRecharge Construction Contingency per CE#37, above.Submitted to T1 for review 12/2/21.Hold for now OAC 8/5/21Likely public areas only. Revisit closer to turnoverDiscussed 12/9 OAC. Split plate and angle.Due to schedule progression, Bid Time VE credit cannot be taken.Approved in 06/10/21 OAC.Sent to T1 8/12/21Not Approved. OAC 05/06/21Originally shown on Owner side of Master Budget Sheet.ROM. $1,533.40. Final cost to be incorporated into BP 12B.Per 06/10/21 OAC, do not price.Sent to T1 for approval 03.22.212270 Grant Road Billings, MT 59102 P 406.656.0629 F 406.656.1088 ~ 1019 East Main St., Suite 101 Bozeman, MT 59715 P 406.585.3420 F 406.585.4110 ~ 280 East Front., Suite B Missoula, MT 59802 P 406.215.1356 F 406.926.2005118
Change Estimate Report
Project: Bozeman Public Safety Center CE No:55
Project # 19426 Revision #1
Change Source: RFI 109 Date:10/26/2021
Description:Increase Roof Drain Pipe Sizing from 4" to 6"
Category Quantity Unit Unit Cost Total
06A.0610 1 sum 119.65$ 119.65$
07A.0720 no charge -$
22A.1500 1 sum 2,978.66$ 2,978.66$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
SUBTOTAL 3,098.31$
GC/CM Business Insurance 0.625% 19.36$
CM Fee 3.2% 99.77$
Bond 1.0% 32.17$
3,249.62$
Pipe and Fitting Size Change (Net 4" to 6")
Acoustic Batt Insulation at Thickened Walls
Description
ADD
Steel Stud Framing - Increase Wall Thickness
TOTAL
119
SUBCONTRACTOR:LANGLAS - FRAMING
CONTACT:ELIZABETH OLIVER
ADDRESS:1019 E. MAIN ST SUITE 101 PROJECT ADDRESS:901 N ROUSE AVENUE
PHONE:BOZEMAN, MT 59715 BOZEMAN, MT 59715
FAX:406-585-4110 THIS IS IN RESPONSE TO:RFI 109
CCD #:
CONTRACTOR:LANGLAS & ASSOCIATES RFI #:
PROJECT MANAGER REQUESTED FROM:THINKONE ARCHITECTS
ADDRESS:1019 E. MAIN ST SUITE 101 ON DATE:1/13/2021
BOZEMAN, MT 59715 SUBCONTRACTOR COR #:8
PHONE:406-585-3420
FAX:406-585-4110
DESCRIPTION:Doubled up 3-5/8" C4a wall to accommodate storm drain piping between "Court Conf" 250B and
"Hotel Office" 260A.
DRAWINGS:
Trade Description QTY Unit Unit Price Taxes Total Cost
SUBCONTRACTORS: Paradigm Contractors sum $0.00
$0.00
$0.00
Description Hours Rate Labor Amt. Burden Total Cost
LABOR: Carpenter 67.00 - - $0.00
Laborer 46.00 - - $0.00
Project Engineer 80.00 - included $0.00
Description QTY Unit Unit Price Taxes Total Cost
MATERIAL: 3-5/8" Stud 30MIL EQD 14'-3" tall 156.8 lf 0.577 $90.48
3-5/8" Track 30MIL EQD 10' length 20 lf 0.656 $13.12
$0.00
$0.00
$0.00
Description QTY Unit Unit Price Taxes Total Cost
EQUIPMENT:$0.00
$0.00
$0.00
$0.00
CREDITS:
SUBTOTAL:$103.60
OVERHEAD: 10% $10.36
PROFIT : 5% $5.70
GRAND TOTAL: $119.65
NOTES:
Authorized Signature Date
SUBCONTRACTOR CHANGE ORDER REQUEST
BOZEMAN PUBLIC SAFETY
CENTER
PROJECT NAME:
120
ASI 48a
Addendum 4
121
Material/Labor Direct Costs Qty Material Unit Price Material Cost Labor Hrs
Labor
Rate/Hr Labor Cost
Delete 4" RD/DSN -1 $2,575 ($2,574.50)$85.00 $0.00
Add 6" RD/DSN 1 $3,487 $3,486.58 $85.00 $0.00
Delete 4" Pipe, Fittings -1 $120 ($119.63)$85.00 $0.00
Add 6" Pipe, Fittings 1 $614 $614.33 $85.00 $0.00
Delete 4" Pipe (260)$2 ($626.60)$85.00 $0.00
Add 6" Pipe 260 $4 $936.00 $85.00 $0.00
4" Hangers -1 $102 ($101.84)$85.00 $0.00
6" Hangers 1 $181 $180.50 $85.00 $0.00
Misc. Plumbing Materials $89.74
$0.00 $85.00 $0.00
$0.00 $85.00 $0.00
$0.00 $85.00 $0.00
$0.00 $85.00 $0.00
Misc. Sheet Metal Materials $0.00
$0.00 $95.00 $0.00
$0.00 $95.00 $0.00
$0.00 $95.00 $0.00
Misc. Sheet Metal Materials $0.00
$1,884.58 $0.00
1 $90.00 $90.00
$90.00 $0.00
$90.00 $0.00
$90.00
SUMMARY
Materials (detail above)$1,884.58
Equipment Rent
Subsistence
Lodging Costs
Mileage (Total Miles X $1.25)
Subtotal $1,884.58
$282.69
Labor (detail above)$90.00
Subcontractors/Vendors:
DKB $629.00
-
-
-
$691.90
Bond (If Applicable)$0.00 n
CGR 1% State Tax (If Applicable)$29.49 y
TOTAL AMOUNT DUE $2,978.66
Sheet Metal Shop Fabrication:
Sheet Metal:
WORK MOD / SMALL PROJECT PRICING WORKSHEET
Job Name: Bozeman Public Safety Center
Description: RFI 109 Roof Drain Sizing Changes
Date: 2/8/2021
Plumbing:
Supervision:
Plumbing Supervision
Sheet Metal Supervision
Total Material/Labor Direct Costs
Subcontractors with 10% Overhead &
Profit
PM Time
Total Supervision
15% Overhead & Profit
Comm. Drive/Bid Prep forms/Change Order Worksheet
122
Change Estimate Report
Project: Bozeman Public Safety Center CE No:62a
Project # 19426 Revision #
Change Source: PR 15 Correction Date:11/26/2021
Description:Credit Duplicate Screen Cost from Prior CE
Category Quantity Unit Unit Cost Total
-$
27B.2740 (1) sum 612.25$ (612.25)$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
SUBTOTAL (612.25)$
GC/CM Business Insurance 0.625% (3.83)$
CM Fee 3.2% (19.72)$
Bond 1.0% (6.36)$
(642.15)$
Original CE62 incorrectly included QTY (2) of the Audiovisual Subcontractor's pricing for PR 15 change.
Description
DEDUCT
AVI Systems
TOTAL
123
Change Estimate Report
Project: Bozeman Public Safety Center CE No:62
Project # 19426 Revision #
Change Source: PR 15 Date:5/25/2021
Description:Fire Department Conference Room Second Display and Screen Size Increase
Category Quantity Unit Unit Cost Total
-$
26A.1600 1 sum 1,610.72$ 1,610.72$
27A.2700 1 sum 497.20$ 497.20$
27B.2740 2 sum 612.25$ 1,224.50$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
SUBTOTAL 3,332.42$
GC/CM Business Insurance 0.625% 20.83$
CM Fee 3.2% 107.31$
Bond 1.0% 34.61$
3,495.16$ TOTAL
Description
ADD
Electrical Raceway, Boxes and Power
AVI Systems
Cat 6 & Coax cabling to new TV locations
124
Change Order
AVI Systems Inc., 2300 E 54th Street N, Suite 2 Sioux Falls, SD, 57104 | Phone: (605)782-4141, Fax: (605)782-4142
Proposal Number: 1061653 Proposal Date: May 14, 2021
Prepared For: Langlas & Associates, Inc. Change Order: CCO for 21 0217 PR 15 Conf Rm Monitor Update
Attn: Bud Daigle Customer PO: 194262740
Prepared By: Mark Hunt Project: Bozeman Public Safety Center 957742
Phone: (406)969-3336 Project Number: 957742
Email: mark.hunt@avisystems.com
Attn: Bud Daigle Attn: Elizabeth Oliver
Langlas & Associates, Inc. Bozeman Public Safety Center
1019 E Main St, Suite 101 901 N. Rouse Ave. & 300 E. Oak St
Bozeman, MT, 59715 Bozeman, MT, 59715
Phone: (406)585-3420 Phone:
Email: Email: elizabeth@langlas.com
Customer Number: LAN001
COMMENTS
PRODUCTS AND SERVICES SUMMARY
Equipment $362.25
Integration $0.00
PRO Support $0.00
Shipping & Handling $250.00
Tax $0.00
Grand Total $612.25
SERVICES TO BE PROVIDED
STATED PER PR 15 CONFERENCE ROOM MONITOR UPDATE 193
PRODUCTS AND SERVICES DETAIL
PRODUCTS:
Model # Mfg Description Qty Price Extended
ConfRm 193 Monitor Update
Bozeman Public Safety CONF RM 193 - T-504
75UT640S0UA LG 75IN LCD TV 3840X2160 UHD TAA MNTR SIMPLE
EDITOR SMART WIFI HDMI 3YR
2 $2,101.85 $4,203.70
MP-WP152-B CRESTRON Media Presentation Wall Plate - HDMI®, Black 1 $75.00 $75.00
DL-AR2 LIBERTY AV DIGITALINX SECURE ADAPTER RING 1 $73.93 $73.93
C2G-29132 C2G 6ft VALUE SERIES F TYPE RG6 VIDEO CBL 1 $11.88 $11.88
HDPMM06F LIBERTY AV HDMI PREMIUM 18G CBL W/NET 6' 2 $12.71 $25.42
BILL TO SITE
125
Printed on May 14, 2021 Page 1 of 3 1061653
E2-HDSEM-M-05 LIBERTY AV HDMI CBL HS W/NET CL2/FT4 5M 1 $48.82 $48.82
LSTU CHIEF LARGE FIXED THINSTALL UNIVERSAL 1 $118.59 $118.59
Sub-Total: ConfRm 193 Monitor Update $4,557.34
86UT640S0UA LG 86IN LCD TV 3840X2160 UHD TAA MNTR SIMPLE
EDITOR SMART WIFI HDMI 3YR
-1 $3,783.33 $-3,783.33
60-1471-13 EXTRON USB Extender Plus R -1 $411.76 $-411.76
Sub-Total: Bozeman Public Safety CONF RM 193 - T-
504
$-4,195.09
Total: $362.25
PRO SUPPORT:
Model # Mfg Description Qty Price Extended
Refer to Page 1 for the Grand Total that includes Taxes, and Shipping & Handling.
AGREED AND ACCEPTED BY
Customer hereby accepts the above change to goods and/or services from AVI Systems, Inc and agrees to add this
Change Order to the original Retail Sales Agreement. Unless stated otherwise in the "Change Order Summary" above,
AVI will include all applicable taxes and delivery charges to the amount of each invoice. Pricing in this Change Order is
valid for 30 days.
Company
Signature
Printed Name
Date
CONFIDENTIAL INFORMATION
The company listed in the “Prepared For” line has requested this confidential price quotation, and shall be deemed “Confidential
Information” as that term is defined in the T&Cs. This information and document is confidential and is intended solely for the private
use of the customer identified above. Customer agrees it will not disseminate copies of this quote to any third party without the prior
written consent of AVI. Sharing a copy of this quote, or any portion of the Agreement with any competitor of AVI is a violation of this
confidentiality provision. If you are not the intended recipient of this quote (i.e., the customer), you are not properly in possession of this
document and you should immediately destroy all copies of it.
126
Change Estimate Report
Project: Bozeman Public Safety Center CE No:83
Project # 19426 Revision #1
Change Source: Bid Package 13A / PR 28 Date:12/15/2021
Description:Facilities Storage Building Revised Design
Category Quantity Unit Unit Cost Total
-$
13A.1300 (1) sum 58,372.00$ (58,372.00)$
-$
-$
-$
-$
-$
-$
-$
-$
02E.0220 No Change -$
03A.0320 1 sum 2,159.85$ 2,159.85$
06A.0610 1 sum 17,921.90$ 17,921.90$
07A.0720 1080 sf 1.50$ 1,620.00$
07A.0720 476 sf 3.50$ 1,666.00$
07E.0721 1350 sf 2.00$ 2,700.00$
07C.0750 1 sum 19,156.00$ 19,156.00$
09A.0920 410 sf 1.45$ 594.50$
09B.0990 1420 sf 1.10$ 1,562.00$
-$
-$
-$
-$
-$
-$
-$
-$
-$
SUBTOTAL (10,991.75)$
GC/CM Business Insurance 0.625% (68.70)$
CM Fee 3.2% (353.94)$
Bond 1.0% (114.14)$
(11,528.53)$ TOTAL
Paint Interior Plywood Walls and GWB Ceiling
Building Excavation for Central Piers
3/4" (R-3.8) Continous Exterior Rigid Insulation
5/8" Type X Gyp Ceiling Hang, Tape, Finish
ADD
Wood Framed Structure
Metal Panel Roofing, Snow Guards, Gutter/Down
5-1/2" (R-20) Batt, Wall Insulation
Foundation Piers
2'-0" (R-49) blow-in insulation
Revise Facilities Garage from PEMB to wood frame structure.
Description
DEDUCT
GMP Contract Amount for PEMB
127
20 West Haley Springs Tel: 1-406-587-0806
Unit A Fax: 1-406-587-6279
PO Box 11078
Bozeman, MT 59719
Job Name/Number: Bozeman Public Safety Center 9/24/2021 PCO #028
Langlas ATTN: Loren Cantrel Job #
DESCRIPTION QUANTITY UNIT AMOUNT
2 ADDITIONAL 30" PIERS @ FACILITIES BUILDING
Concrete 4500PSI AIR 2.5 CY
Reinforcing 0.26 TN
Sonotube 1 EA
Labor 2 MH
$1,870.00
Schedule Impact YES
Subtotal $1,870.00
Overhead 10%$187.00
Profit 5%$102.85
Total $2,159.85
Customer Signature Date
THANK YOU FOR DOING BUSINESS WITH US. WE LOOK FORWARD TO SERVING YOU AGAIN.
Web: www.eastoncompanies.com
PCO
FACILITIES BUILDING PIERS
128
SUBCONTRACTOR:LANGLAS - FRAMING
CONTACT:ELIZABETH OLIVER
ADDRESS:1019 E. MAIN ST SUITE 101 PROJECT ADDRESS:901 N ROUSE AVENUE
PHONE:BOZEMAN, MT 59715 BOZEMAN, MT 59715
FAX:406-585-4110 THIS IS IN RESPONSE TO:PR 28
CCD #:
CONTRACTOR:LANGLAS & ASSOCIATES RFI #:
PROJECT MANAGER REQUESTED FROM:THINKONE ARCHITECTS
ADDRESS:1019 E. MAIN ST SUITE 101 ON DATE:10/6/2021
BOZEMAN, MT 59715 SUBCONTRACTOR COR #:10
PHONE:406-585-3420
FAX:406-585-4110
DESCRIPTION:Construct wood framed facilities storage garage.
DRAWINGS:S-801, S-802, A-010, A-011, A-012
Trade Description QTY Unit Unit Price Taxes Total Cost
SUBCONTRACTORS: Right On Builders (Labor & Mat'l) 1 sum 9,450.00 $9,450.00
$0.00
$0.00
Description Hours Rate Labor Amt. Burden Total Cost
LABOR: Carpenter 20 67.00 1,340.00 included $1,340.00
Laborer 20 52.04 1,040.80 included $1,040.80
Project Engineer 10 80.00 800.00 included $800.00
Description QTY Unit Unit Price Taxes Total Cost
MATERIAL: Engineered Truss Package 1 sum 2,056.000 $2,056.00
22"x30" Attic Access Door 1 sum 330.000 $330.00
Misc. Small Tools, Fasteners, etc. 1 sum 500.000 $500.00
$0.00
$0.00
Description QTY Unit Unit Price Taxes Total Cost
EQUIPMENT:$0.00
$0.00
$0.00
$0.00
CREDITS:
SUBTOTAL:$15,516.80
OVERHEAD: 10% $1,551.68
PROFIT : 5% $853.42
GRAND TOTAL: $17,921.90
NOTES:
Authorized Signature Date
SUBCONTRACTOR CHANGE ORDER REQUEST
BOZEMAN PUBLIC SAFETY
CENTER
PROJECT NAME:
129
P.O. Box 17227
Missoula, MT 59808
Phone 406-829-9100
Fax: 406-829-8450
TO:Langlas & Associates, Inc.
1019 E. Main St.
Ste. 101
Bozeman, MT 59715
CHANGE ORDER REQUEST
DATE:CHANGE ORDER #:3
JOB NAME:Bozeman Public Safety
JOB #:
WE HEREBY PROPOSE TO MAKE THE FOLLOWING CHANGES:
Install metal roofing on the Facilities Garage premanufactured building $12,940.00
Material $5,845.00
Labor $3,443.50
OHP 15%$1,393.28
Perdium $460.00
Mobilize $680.00
Cont Tax $118.22
Freight $1,000.00
$12,939.99
WE AGREE HEREBY TO MAKE THE FOLLOWING CHANGE SPECIFIED ABOVE AT THIS PRICE:12,940.00$
PREVIOUS CONTRACT AMOUNT:879,371.00$
REVISED CONTRACT TOTAL:892,311.00$
Summit Roofing Inc.DATE ACCEPTED BY DATE
Bill Johns / President
PRINTED NAME/TITLE PRINTED NAME/TITLE
6/28/2021
130
P.O. Box 17227
Missoula, MT 59808
Phone 406-829-9100
Fax: 406-829-8450
TO:Langlas & Associates, Inc.
1019 E. Main St.
Ste. 101
Bozeman, MT 59715
CHANGE ORDER REQUEST
DATE:CHANGE ORDER #:4
JOB NAME:Bozeman Public Safety
JOB #:PR #28
WE HEREBY PROPOSE TO MAKE THE FOLLOWING CHANGES:
BPSC PR #28 (Added snow guards Fascia, Vent, additional Fasteners)$6,216.00
Material $2,655.00
Labor $1,900.00
OHP 15%$683.25
Perdium $262.00
Mobilize $380.00
Cont Tax $58.80
Freight $277.00
$6,216.05
WE AGREE HEREBY TO MAKE THE FOLLOWING CHANGE SPECIFIED ABOVE AT THIS PRICE:6,216.00$
PREVIOUS CONTRACT AMOUNT:892,311.00$
REVISED CONTRACT TOTAL:898,527.00$
Summit Roofing Inc.DATE ACCEPTED BY DATE
Bill Johns / President
PRINTED NAME/TITLE PRINTED NAME/TITLE
10/15/2021
131
Change Estimate Report
Project: Bozeman Public Safety Center CE No:85a
Project # 19426 Revision #
Change Source: Irrigation Well Credit Correction Date:11/25/2021
Description:Correct Pump Electrical Disconnect Credit
Category Quantity Unit Unit Cost Total
-$
02I.0292 1 sum 575.00$ 575.00$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
SUBTOTAL 575.00$
GC/CM Business Insurance 0.625% 3.59$
CM Fee 3.2% 18.52$
Bond 1.0% 5.97$
603.08$
Description
DEDUCT FROM CONTINGENCY
Pump Electrical Disconnect
TOTAL
132
Change Estimate Report
Project: Bozeman Public Safety Center CE No:85
Project # 19426 Revision #
Change Source: Irrigation Well Date:8/3/2021
Description:Credit for Actual Well Development Depth and Pump Electrical Disconnect
Category Quantity Unit Unit Cost Total
-$
01G.0101 1 sum 575.00$ 575.00$
01G.0101 1 sum 570.00$ 570.00$
-$
-$
-$
-$
-$
-$
-$
02I.0292 sum 575.00$ -$
02I.0292 sum 570.00$ -$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
SUBTOTAL 1,145.00$
GC/CM Business Insurance 0.625% 7.16$
CM Fee 3.2% 36.87$
Bond 1.0% 11.89$
1,200.92$ TOTAL
Pump Electrical Disconnect
Credit for Actual Well Development
DEDUCT FROM CONTRACT SIDE
Description
RECHARGE CONSTRUCTION CONTINGENCY
Pump Electrical Disconnect
Credit for Actual Well Development
133
2/4/2021134
135
Change Estimate Report
Project: Bozeman Public Safety Center CE No:86
Project # 19426 Revision #1
Change Source: Submittal 486 Date:11/2/2021
Description:Raceway and Box Rough-In for Four-Fold Door Control Wiring
Category Quantity Unit Unit Cost Total
-$
26A.1600 1 sum 38,894.32$ 38,894.32$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
SUBTOTAL 38,894.32$
GC/CM Business Insurance 0.625% 243.09$
CM Fee 3.2% 1,252.40$
Bond 1.0% 403.90$
40,793.71$
Required conduit feeds and wiring for folding apparatus bay doors, control panels and master control panel with the
individual control panels located on the CMU pilasters next to the door opening. Includes raceway and circuiting for Four-
Fold doors beyond what is called out within Electrical Keynotes 8, 9, and 11 on sheet E-101C.
Description
DEDUCT FROM CONTINGENCY
Raceway, Boxes, Wiring for Four-Fold Doors
TOTAL
136
PROPOSED CHANGE ORDER
Liberty Electric Inc.
9660 Summit Drive
Missoula, MT 59808
CCN #APPARATUS 2
Date:11/2/2021
Project Name:Bozeman Public Safety C
Project Number:BZ20SAFETY
Page Number:1
Client Address:
Langlas & Associates, Inc.
Contact: Elizabeth Oliver
1019 East Main Street Suite 101
Bozeman, MT 59715
Work Description
Name of Project: Bozeman Public Safety Center
We reserve the right to correct this quote for errors and omissions.
This quote covers direct costs only, and we reserve the right to claim for impact and consequential costs.
This price is good for acceptance within 10 days from the date of receipt.
We request a time extension of x days.
The following is our Division 16 pricing for APPARATUS 2 which involves required conduit
feeds and wiring for folding apparatus bay doors with the control panels located next to each of
the respective 5 folding doors.
Note: Termination of control wiring by others per direction from Langlas.
Itemized Breakdown
System Material($)Labor Hrs
|| UNDERGROUND 3,065.53 113.63
|| ABOVE GROUND 6,576.41 201.55
Total 9,641.94 315.18
UNDERGROUND
Description Qty Net Price U Total Mat.LaborU Total Hrs.
3/4" ELBOW 90 DEG - RMC - GALV -10 717.42 C -71.74 31.25C -3.13
1" ELBOW 90 DEG - RMC - GALV 30 1,143.91 C 343.17 40.00C 12.00
3/4" CONDUIT - PVC40 -365 55.55 C -202.76 4.50C -16.43
1" CONDUIT - PVC40 1,311 155.78 C 2,042.28 5.50C 72.11
3/4" COUPLING - PVC -10 29.87 C -2.99 0.00C -0.00
1" COUPLING - PVC 30 45.33 C 13.60 0.00C 0.00
3/4" ADAPTER FEM - PVC -10 70.93 C -7.09 12.50C -1.25
1" ADAPTER FEM - PVC 30 96.47 C 28.94 15.00C 4.50
#14 THHN BLACK 5,731 160.90 M 922.12 5.38M 30.83
ORIGINAL
137
PROPOSED CHANGE ORDER
Liberty Electric Inc.
9660 Summit Drive
Missoula, MT 59808
CCN #APPARATUS 2
Date:11/2/2021
Project Name:Bozeman Public Safety C
Project Number:BZ20SAFETY
Page Number:2
Client Address:
Langlas & Associates, Inc.
1019 East Main Street Suite 101
Bozeman, MT 59715
Description Qty Net Price U Total Mat.LaborU Total Hrs.
SCRATCH IN PVC 15 0.00E 0.00 1.00E 15.00
Totals 6,752 3,065.53 113.64
ABOVE GROUND
Description Qty Net Price U Total Mat.LaborU Total Hrs.
1/2" CONDUIT - EMT -100 50.38 C -50.38 3.48C -3.48
3/4" CONDUIT - EMT 855 87.06 C 744.36 4.00C 34.20
1" CONDUIT - EMT 215 165.03 C 354.81 5.06C 10.88
3/4" ELBOW 90 DEG - EMT 20 398.90 C 79.78 25.00C 5.00
1/2" CONN SS STL - EMT -10 46.70 C -4.67 10.00C -1.00
3/4" CONN SS STL - EMT 70 78.02 C 54.61 12.50C 8.75
1" CONN SS STL - EMT 20 144.89 C 28.98 15.00C 3.00
1/2" COUPLING SS STL - EMT -10 52.01 C -5.20 4.00C -0.40
3/4" COUPLING SS STL - EMT 88 79.80 C 70.22 5.00C 4.40
1" COUPLING SS STL - EMT 22 122.82 C 27.02 6.25C 1.38
1" CONN COMP STL - EMT 30 45.74 C 13.72 19.50C 5.85
1" COUPLING - RMC - GALV 80 316.22 C 252.98 0.00C 0.00
1" ELBOW 90 DEG - RMC - GALV 40 1,143.91 C 457.56 40.00C 16.00
1" CONN THRD HUB INSUL - RMC - MALL OR STL 15 1,691.20 C 253.68 31.25C 4.69
1/2" 1-H STRAP - EMT - STEEL -13 8.49C -1.10 6.13C -0.80
3/4" 1-H STRAP - EMT - STEEL 106 15.43 C 16.36 6.75C 7.16
1" 1-H STRAP - EMT - STEEL 27 24.47 C 6.61 7.38C 1.99
1" CONDUIT - PVC40 200 155.78 C 311.56 5.50C 11.00
1" COUPLING - PVC 40 45.33 C 18.13 0.00C 0.00
1" ADAPTER FEM - PVC 40 96.47 C 38.59 15.00C 6.00
#14 THHN BLACK 6,492 160.90 M 1,044.56 5.38M 34.93
4x 2 1/8" SQ BOX COMB KO -5 181.37 C -9.07 28.75C -1.44
4" SQ BLANK COVER -5 36.77 C -1.84 3.13C -0.16
1G MSNRY BOX 3 1/2" DEEP 45 511.91 C 230.36 43.75C 19.69
4" OCT CONC RING BLANK COVER 45 543.99 C 244.80 3.13C 1.41
16X16X12 JUNCTION BOX NEMA 4X 5 480.00 E 2,400.00 3.00E 15.00
MASONRY FACTOR 50 0.00E 0.00 0.35E 17.50
Totals 8,362 6,576.43 201.54
Summary
General Materials 9,641.96
Material Total 9,641.96
JOURNEYMAN (315.18 Hrs @ $61.00) 19,225.98
FOREMAN @ 25%(78.80 Hrs @ $61.00) 4,806.80
Subtotal 33,674.74
Overhead (@ 10.000 %) 3,367.47
Markup (@ 5.000 %) 1,852.11
Subtotal 38,894.32
ORIGINAL
138
PROPOSED CHANGE ORDER
Liberty Electric Inc.
9660 Summit Drive
Missoula, MT 59808
CCN #APPARATUS 2
Date:11/2/2021
Project Name:Bozeman Public Safety C
Project Number:BZ20SAFETY
Page Number:3
Client Address:
Langlas & Associates, Inc.
1019 East Main Street Suite 101
Bozeman, MT 59715
Summary (Cont'd)
Final Amount $38,894.32
ORIGINAL
139
FDM
OH DOOR
M
OH DOOR
M
OH DOOR
M
OH DOOR
M
OH DOOR
M
FOLDING DOORS
M
FOLDING DOORS
M
FOLDING DOORS
M
FOLDING DOORS
M
FOLDING DOORSACACACAC72"
WPWRWPWR WPWRWPWR
J J
J JJFF
F F
FFF
F
WP
F
WP
F
WP
F
WP
F
WP
HD
F
F F
F
ACIR-1
IR-2
IR-3
IR-4
IR-5
IR-6
IR-7
IR-8
ASC-1
ASC-1
ASC-1
ASC-1
ASC-1
ASC-1
ASC-1
ASC-1
ASC-1
ASC-1
M
F-1
M
F-2
M
EF-6
M
EF-7
F
FWPJ J
J
J J
J JJJJJJJJJJJJJJJFWPFWPJ
MMMMM M
R
HD
HD
HD
HD
SD SD SD SD
R
R JJJJJ
J
J
J
J
J
J
J
J
J
J
J
D.1 D.1
C.6 C.6
C.5 C.5
C.4 C.4
C.3 C.3
C.2 C.2
C.1 C.1
2.2
2.2
2.7
2.7
B.3 B.3
WASH BAY
154A
OFFICE
160B
EVIDENCE
146
APPARATUS BAY
160
AIRLOCK
V-170
FF WORK AREA
160A1
2
2
2 223
3
3
3
3
3
3
3
3
4
5
6
7
8 8
8
8
8 9
10
8
8 9
10
8
8 9
10
8
8 9
8
8 9
8
10
10 11
11
11
11
11
3
12
1BLOS1-11,13,15
1DLOS1-1,3,5
1DLOS1-2,4,61DLOS1-7,9,11
1DLOS1-8,10,12
1DLOS1-131DLOS1-14
1DLOS1-15
1DLOS1-16
1DLOS1-17
1DLOS1-18
1DLOS1-19
1DLOS1-20
1DLOS1-21
1DLOS1-22
1DLOS1-23
1DLOS1-24
1DLOS1-25,27,29
1DLOS1-26,28,30
1DLOS1-31
1DLOS1-32
1DLOS1-33
1DLOS1-34 1DLOS1-35
1DLOS1-36
1DLOS1-37
1DLOS1-38
1DLOS1-39
1DLOS1-40
1DLOS1-41
1DLOS1-42
1DLOS1-43
1DLOS1-44
1DLOS1-45
1DLOS1-46
1DLOS1-47
1DLOS1-48
1DLOS2-1 1DLOS2-2
1DLOS2-3
1DLOS2-43
1DLOS3-56
13
14
14
15
15
1DLOS2-47
1DLOS2-48
16
16
16
16
9
8
17
17
17
17
8
8
8
8
8
8
8
8
8
18
13
13 13 13 13 13
ACE Project Number:
Drawn By:
Reviewed By:
Approved By:
Issue Date
ThinkOne Architects
101 E Main St. Studio 1
Bozeman, MT, 59715
T: 406-586-7020
Architect MEP EngineerAssociate Architect
Landscape Architect
Information Technology
Civil Engineer
Seal
Project Number
Acoustical Engineer
TCA Architecture + Planning
6211 Roosevelt Way Ne
Seattle, WA 58115
T: 206-522-3830
Associated Construction Engineering Inc.
12 N Broadway
Belgrade, MT, 59714
T: 406-388-3320
Morrison-Maierle, Inc.
2880 Technology Blvd.
Bozeman, MT 59715
T: 406-587-0721
Design 5 Landscape Architecture
37 E Main St
Bozeman, MT, 59715
T: 406-587-4873
BCER Engineering
10807 New Allegiance Dr., Suite 400
Colorado Springs, CO 80921
T: 719-533-1112
Big Sky Acoustics
PO BOX 27
Helena, MT 59624
T: 406-457-0407
City of Bozeman
121 N Rouse Ave.
Bozeman, MT 59715
T: 406-582-2300
F: 406-582-2301
N. ROUSE AVE. & E. OAK ST.,
BOZEMAN MT
AndersonMasonDale Architects, P.C.
3198 Speer Boulevard
Denver, CO 80211
T: 303-294-9448
Associate Architect Structural Engineer
Morrison-Maierle, Inc.
2880 Technology Blvd.
Bozeman, MT 59715
T: 406-587-0721
ISSUE FOR BID JUNE 04, 2020
19BZ4921
6/4/2020 11:36:27 AME-101C
ELECTRICAL POWER & FIRE ALARM PLAN -
LEVEL 01 - AREA C
JG
JK
JK
BOZEMAN PUBLIC
SAFETY CENTER
1825
CITY OF BOZEMAN
N
1/8" = 1'-0"E-101C
1 ELECTRICAL POWER & FIRE ALARM PLAN - LEVEL 01 - AREA C
ELECTRICAL KEYNOTES
17 PROVIDE ROUGH-IN FOR OVERHEAD DOOR PUSHBUTTON CONTROLLER PROVIDED BY
OTHERS. PUSHBUTTON LOCATED IN FOURFOLD DOOR PEDESTAL, SEE ARCHITECTURAL
PLANS FOR ADDITIONAL INFORMATION. PROVIDE EMPTY 1/2" C WITH PULL CORD TO
OVER HEAD DOOR MOTOR. COORDINATE EXACT LOCATION OF PUSH BUTTON WITH
DOOR SUPPLIER PRIOR TO ROUGH-IN.
18 PROVIDE ROUGH-IN FOR CALL ALERT SYSTEM DOORBELL/EMERGENCY ALERT PUSH
BUTTON PROVIDED AND INSTALLED BY OTHERS. PROVIDE 4" SQUARE BOX AND
CONDUIT INTO ACCESSIBLE CEILING SPACE. COORDINATE LOCATION AND
REQUIREMENTS WITH SYSTEM PROVIDER.
ELECTRICAL KEYNOTES
9 PROVIDE ROUGH-IN FOR OVERHEAD DOOR PUSHBUTTON CONTROLLER PROVIDED BY
OTHERS. PROVIDE EMPTY 1/2" C WITH PULL CORD TO OVER HEAD DOOR MOTOR.
COORDINATE EXACT LOCATION OF PUSH BUTTON WITH DOOR SUPPLIER PRIOR TO
ROUGH-IN.
10 PROVIDE POWER CONNECTION TO OVERHEAD DOOR MOTOR, COORDINATE EXACT
REQUIREMENT AND LOCATION W/ DOOR EQUIPMENT SUPPLIER. EC TO PROVIDE A SQ D
CLASS #3110, HEAVY DUTY FUSED DISCONNECT IN A NEMA 1 ENCLOSURE. FUSE PER
MANUFACTURERS RECOMMENDATIONS.
11 PROVIDE POWER CONNECTION TO OVERHEAD DOOR MOTOR, COORDINATE EXACT
REQUIREMENT AND LOCATION W/ DOOR EQUIPMENT SUPPLIER. EC TO PROVIDE A SQ D
CLASS #3110, HEAVY DUTY FUSED DISCONNECT IN A NEMA 1 ENCLOSURE. FUSE PER
MANUFACTURERS RECOMMENDATIONS. EC TO PROVIDE ROUGH-IN FOR SAFETY
DEVICES AND PUSHBUTTON CONTROLLER PER MANUFACTURERS RECOMMENDATIONS.
12 PROVIDE 3/4" CONDUIT TO SNOW MELT SENSOR FROM SNOW MELT CONTROLLER
LOCATED IN MECHANICAL ROOM M-305. COORDINATE LOCATION WITH MC PRIOR TO
ROUGH-IN.
13 EC TO PROVIDE ROUGH-IN AND POWER FOR MAGNETIC DOOR HOLDERS PROVIDED WITH
DOOR HARDWARE. COORDINATE REQUIREMENTS WITH EQUIPMENT PROVIDER. ROUTE
CIRCUIT FOR DOOR HOLDERS THOUGH FA RELAY PROVIDED BY FA CONTRACTOR.
14 PROVIDE FA RELAY FOR SHUTDOWN OF HVLS FAN.
15 ROUTE CIRCUIT FOR HVLS FAN THROUGH FA RELAY PROVIDED BY FA CONTRACTOR.
16 RECEPTACLE RECESSED MOUNTED IN FOURFOLD DOOR PEDESTAL. SEE ARCHITECTURAL
DETAILS FOR ADDITIONAL INFORMATION.
ELECTRICAL KEYNOTES
1 PROVIDE RECEPTACLE IN RECESSED FLAT PANEL TELEVISION ENCLOSURE. SEE
COMMUNICATIONS PLANS FOR ENCLOSURE DETAILS.
2 PROVIDE ROUGH-IN FOR CALL ALERT SYSTEM SPEAKERS PROVIDED AND INSTALLED BY
OTHERS. PROVIDE 4" SQUARE BOX AT 13'-0" AFF AND CONDUIT INTO ACCESSIBLE
CEILING SPACE. COORDINATE LOCATION AND REQUIREMENTS WITH SYSTEM PROVIDER.
3 DEVICE FOR DROP CORD. SEE DETAIL 4/E-400 FOR ADDITIONAL INFORMATION.
4 DEVICE FOR AVEC PANEL FOR CONTROL OF VEHICLE EXHAUST SYSTEM. COORDINATE
EXACT LOCATION WITH EQUIPMENT SUPPLIER PRIOR TO ROUGH-IN.
5 EC TO PROVIDE A SQ D CLASS #8538, 208V, NEMA SIZE 0 COMBINATION STARTER IN A
NEMA 1 ENCLOSURE. FUSE PER MANUFACTURERS RECOMMENDATIONS. PROVIDE WITH
START-STOP PUSH BUTTON AND HAND-OFF-AUTO SELECTOR SWITCH. COORDINATE
WITH TC FOR CONTROL VOLTAGE.
6 DEVICE FOR TOXALERT SYSTEM CONTROLLER. COORDINATE EXACT LOCATION WITH
EQUIPMENT PROVIDER PRIOR TO ROUGH-IN.
7 APPARATUS BAY CLASSIFIED AS COMMERCIAL GARAGES, REPAIR AND STORAGE. ALL
ELECTRICAL WIRING AND ELECTRICAL UTILIZATION EQUIPMENT IN APPARATUS ROOM
AND ADJACENT SPACES NOT EFFECTIVELY CUT OFF BY WALLS OR PARTITIONS SHALL
COMPLY WITH NEC ARTICLE 511.
8 PROVIDE ROUGH-IN W/ EMPTY 1/2" C THAT CONTAINS A PULL CORD TO THE SAFETY
BEAM DEVICES LOCATED ON BOTH SIDES OF THE DOOR FROM THE OH DOOR MOTOR.
COORDINATE W/ DOOR SUPPLIER FOR ANY ADDITIONAL REQUIREMENTS.
AREA A
AREA B
AREA C
AREA D
ELECTRICAL POWER GENERAL NOTES
A ELECTRICAL CONTRACTOR SHALL PROVIDE TAMPER RESISTIVE RECEPTACLES FOR ALL
120V WIRING DEVICES INSTALLED IN THE PROJECT INTERIOR REGARDLESS OF LOCATION.
B ALL MECHANICAL EQUIPMENT THAT DOES NOT HAVE A DISCONNECT SHOWN AT
DEVICE ON PLAN IS PROVIDED WITH A FACTORY DISCONNECT. EC TO CONNECT
DISCONNECT AND VFD WHEN PRESENT. ALL VFD'S ARE PROVIDED BY TC, INSTALLED
COMPLETE BY EC TO CIRCUIT AS SHOWN ON PLAN.
C ALL WIRING DEVICES LOCATED IN APPARATUS BAY, SALLEY PORT, VEHICLE EXAM,
FITNESS, STORAGE AREA AND SECURE CIRCULATION AREAS SHALL BE CONSIDERED
ROUGH SERVICE AREAS AND SHALL REQUIRE STAINLESS STEEL DEVICE COVER PLATES.
D COORDINATE LOCATION OF ALL DEVICES WITH ARCHITECTURAL PLANS, CASEWORK,
SHOP DRAWINGS AND EQUIPMENT MANUFACTURER'S DETAILS BEFORE ROUGHING IN.
E ELECTRICAL CONTRACTOR SHALL PROVIDE ARC FAULT BREAKERS ON ALL 120V BRANCH
CIRCUITS SERVING DEVICES IN SLEEPING UNITS.
F FIRE ALARM PANELS SHALL BE SEISMIC RATED.
G FIRE ALARM CIRCUITS SHALL BE INSTALLED TO CLASS 1 SURVIVABILITY (SPRINKLED & IN
CONDUIT)
M O N T A
N
A
PROFE
SSIONA L E N G INEERLICEN S E D
T
KNOLL
JOHN PATRICK
13431 PE
6/4/2020
Main Control
Panel Bank of 5 individual
control panels
Option 1
Underground Conduit Routing
3' distance from drains
Individual Control Panels
On Columns
Option 2
140
Change Estimate Report
Project: Bozeman Public Safety Center CE No:94
Project # 19426 Revision #
Change Source: RFI 216 / Insp. Report 9.9.21 Date:12/3/2021
Description:Additional Welding from Relief Angle to Steel Stud Framing
Category Quantity Unit Unit Cost Total
-$
05B.0520 1 sum 7,961.00$ 7,961.00$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
SUBTOTAL 7,961.00$
GC/CM Business Insurance 0.625%49.76$
CM Fee 3.2%256.35$
Bond 1.0% 82.68$
8,349.79$
Welding of masonry veneer ledger angle per details X-1 through X-5 issued with Inspection Report. Welding of backside
angle shown in details X-4 has been removed.
Description
DEDUCT FROM CONTINGENCY
TrueNorth Steel / Sowles Erectors Welding
TOTAL
141
Project No: PMN0382 NOC No.:
Proj. Name:
To:LANGLAS CC:
ATTN:Russel Pierce/ Sam Holt
1019 E Main St. Suite 101
Bozeman, MT 59715
Subject:
Change Requested By:Sent Via:
Description of Change:Pricing Valid for:
(Taxes NOT Included)
(Taxes NOT Included)
-$ (Taxes NOT Included)
7,961$ (Taxes NOT Included)
(Taxes NOT Included)
A signature below indicates acceptance of all changes shown herein. Any work associated
with this change will begin upon receipt of a signed copy of this N.O.C. in our office.
Accepted By TrueNorth Steel
Date:PMN0382
CO #:
Revised Contract Amount:
Outstanding Changes Pending Approval:
J. Chiono
ADDED WORKING DAYS Total All Previous Price Changes:
DUE TO CHANGE Subtotal (Price+All Previous Changes):
PRICE OF THIS CHANGE:
Addtl Weld @ ledger inspection report
J Chiono
SCHEDULE INFORMATION Original Price:
Bozeman Public Safety Zone Date:
#N/A
#N/A
Notification of Change
23
Added weld per inspection report
Sowles: $7532 Revised to remove cost for weld not performed adequately along GL 1.17 to 3x3 angle
Revised total : $6922
+POH
142
1
Jenna Chiono
From:Elizabeth Oliver <elizabeth@langlas.com>
Sent:Friday, September 17, 2021 4:43 PM
To:Jenna Chiono
Cc:Konnor Backer
Subject:RE: BPSC - Structural Steel Special Inspection Report - 9-9-2021
Attachments:Pages from Structural Steel Special Inspection 9-9-2021 - LL comments to TNS.pdf
Categories:change order, Important
❗ CAUTION: This email originated outside of the organization. Do not open any links or attachments unless you know the
content is safe.
Jenna,
Yes, see attached. Generally what we’ve proposed to the City and Design Team is that Langlas/Sowles/TNS will
be responsible for any scope of work in details X-4 and X-5 that is above and beyond what is required in details
X-1 through X-3. A way to think about it would be to price the change as if X-1 through X-3 applied at all
locations. They are expecting a time and material report of this work, so we can start with how it makes the
most sense on your side to prepare the request for change.
Thanks,
Beth Oliver
Project Manager
Langlas & Associates, Inc.
Direct: (406) 577-1258
Cell: (319) 899-0218
From: Jenna Chiono <Jenna.Chiono@TrueNorthSteel.com>
Sent: Friday, September 17, 2021 4:21 PM
To: Elizabeth Oliver <elizabeth@langlas.com>
Cc: Konnor Backer <kbacker@Langlas.com>
Subject: RE: BPSC - Structural Steel Special Inspection Report - 9-9-2021
Afternoon Beth- any movement on the markup we discussed?
Thanks,
Jenna Chiono
Project Manager
406-869-2618 Direct
406-702-0350 Cell
www.truenorthsteel.com
1501 South 30th Street West
Billings, MT 59102
143
1/4" (MIN.)
L/3 (MAX)
REF. ARCH. FOR BRICK
VENEER REQ., SEE DTL.
1/S-400 FOR ANCHORAGE
REQ., TYP. 6"STL. STUD WALL
B.O.VENEER
REF. ARCH.
1/8 3-12
ANGLE TO
BLOCKING
SHEARWALL EDGE
FASTENING, TYP. INTO
STL. STUD BLOCK
CONT. 8" MIN. STL. STUD
BLOCKING MEMBER (SAME GA.
AS STL. STUDS), CNTRD. ON
VENEER SUPPORT ANGLE
3/8" x DIMENSION SHOWN
VENEER SHELF ANGLE (GALV. @
EXTERIOR LOCATIONS &
PRIME/PAINTED @ INTERIOR
LOCATIONS). FABRICATE SHELF
ANGLE BY CUTTING HORIZ. LEG
OF A STANDARD ANGLE TO
DIMEN. REQ.
"L"
1/4" (MIN.)
L/3 (MAX)
REF. ARCH. FOR BRICK
VENEER REQ., SEE DTL.
1/S-400 FOR ANCHORAGE
REQ., TYP. STL. STUD WALL
B.O.VENEER
REF. ARCH.
1/8
ANGLE TO
VERTICAL
STEEL
STUD
3/8" x DIMENSION SHOWN
VENEER SHELF ANGLE (GALV. @
EXTERIOR LOCATIONS &
PRIME/PAINTED @ INTERIOR
LOCATIONS). FABRICATE SHELF
ANGLE BY CUTTING HORIZ. LEG
OF A STANDARD ANGLE TO
DIMEN. REQ.
"L"
1/8 3-12
ANGLE TO
HEADER
STEEL HEADER
(B.U. SCAFCO
STEEL STUDS)
NOTCH STEEL STUD
BLOCKING FLANGES AT
VERTICAL STEEL STUD
1/8"4"
CONT.
STEEL
STUD
BLOCKING
TO
VERTICAL
STEEL
STUD
1/4" (MIN.)
L/3 (MAX)
REF. ARCH. FOR BRICK
VENEER REQ., SEE DTL.
1/S-400 FOR ANCHORAGE
REQ., TYP.
STL. STUD WALL
B.O.VENEER
REF. ARCH.
1/8
ANGLE TO
VERTICAL
STEEL
STUD
3/8" x DIMENSION SHOWN VENEER
SHELF ANGLE (GALV. @ EXTERIOR
LOCATIONS & PRIME/PAINTED @
INTERIOR LOCATIONS). FABRICATE
SHELF ANGLE BY CUTTING HORIZ. LEG
OF A STANDARD ANGLE TO DIMEN. REQ.
"L"
1/8 3-12
ANGLE TO
TRACK/HEADER
1/4" (MIN.)
L/3 (MAX)
REF. ARCH. FOR BRICK
VENEER REQ., SEE DTL.
1/S-400 FOR ANCHORAGE
REQ., TYP.
STL. STUD WALL
B.O.VENEER
REF. ARCH.
@ STEEL STUD WALL
SHEARWALL EDGE
FASTENING, TYP. INTO
STL. STUD BLOCK
CONT. 8" MIN. STL. STUD
BLOCKING MEMBER (SAME GA.
AS STL. STUDS), CNTRD. ON
VENEER SUPPORT ANGLE
"L"
NOTCH STEEL STUD
BLOCKING FLANGES AT
VERTICAL STEEL STUD
1/8"4"
CONT.
STEEL
STUD
BLOCKING
TO
VERTICAL
STEEL
STUD
(WHERE VENEER IS ALREADY INSTALLED
@ SCAFCO STEEL STUD HEADER
(WHERE VENEER IS ALREADY INSTALLEDDETAIL X-4
DETAIL X-5
@ B.U. SCAFCO STEEL STUD HEADER
DETAIL X-2
@ STEEL STUD WALL
(WHERE VENEER IS NOT INSTALLED
DETAIL X-1
(WHERE VENEER IS NOT INSTALLED
1/4" (MIN.)
L/3 (MAX)
REF. ARCH. FOR BRICK
VENEER REQ., SEE DTL.
1/S-400 FOR ANCHORAGE
REQ., TYP.
STL. STUD WALL
B.O.VENEER
REF. ARCH.
1/8 3-12
ANGLE TO
TRACK 3/8" x DIMENSION SHOWN
VENEER SHELF ANGLE (GALV. @
EXTERIOR LOCATIONS &
PRIME/PAINTED @ INTERIOR
LOCATIONS). FABRICATE SHELF
ANGLE BY CUTTING HORIZ. LEG
OF A STANDARD ANGLE TO
DIMEN. REQ.
"L"
1/8 3-12
ANGLE TO
TRACK/HEADER
HSS STEEL
HEADER
@ HSS HEADER
DETAIL X-3
(WHERE VENEER IS NOT INSTALLED
1/8
TRACK TO
VERTICAL
STEEL
STUD
1/8
ANGLE TO
TRACK @
EACH STUD
INTERSECTION
STEEL HEADER
(B.U. SCAFCO
STEEL STUDS)
1/8"
ANGLE TO
VERTICAL
STEEL
STUD
L3x3x1/4 ANGLE 'NESTED' IN
BLOCKING (TRIM VERTICAL STUD
FLANGE AS REQU.)
3/8" x DIMENSION SHOWN
VENEER SHELF ANGLE (GALV. @
EXTERIOR LOCATIONS &
PRIME/PAINTED @ INTERIOR
LOCATIONS). FABRICATE SHELF
ANGLE BY CUTTING HORIZ. LEG
OF A STANDARD ANGLE TO
DIMEN. REQ.
1/8"2-12
ANGLE TO
RELIEF
ANGLE
144
AISC ADVANCED CERTIFIED ERECTOR
302 South 24th Street Phone 406-248-4361
Billings, MT 59101
Address:TrueNorth Steel September 23, 2021
1501 S. 30th Street W.
Billings, MT 59102
Attention:Jenna Chiono
Reference:Bozeman Public Service Center
Our Project No.20115
Transmittal No.40
Subject:Steel Erection
At your direction, per signed Field Work Order # RA1 - RA4
or as per the directed changes, the cost associated are as follows:
Description:Added additional weld to the brick releif angle at Area A per engineers request.
Labor:Ironworker Hours:61 @ $99.00 $6,039.00
Overtime Premium:8 @ $22.88 $183.04
Double Time Premium:0 @ $45.76 $0.00
$6,222.04
Subcontractors / Engineers Hours:0 @ $100.00 $0.00
Equipment:Crane Hours:Boom Trk 0 @ $150.00 $0.00
Crane Hours:90 ton 0 @ $255.00 $0.00
Forklift Hours:0 @ $50.00 $0.00
40ft Manlift Hours:5 @ $34.00 $170.00
60ft Manlift Hours:0 @ $45.00 $0.00
80ft Manlift Hours:0 @ $80.00 $0.00
Scissor Lift Hours:0 @ $26.00 $0.00
Fueled Welder Hours:47 @ $23.50 $1,104.50
Electric Welder Hours:0 @ $17.50 $0.00
Torch Set Hours:3 @ $11.70 $35.10
Drill Hours:0 @ $14.00 $0.00
Deck Saw Hours:0 @ $15.00 $0.00
Generator Hours:0 @ $60.00 $0.00
Compressor Hours:0 @ $21.00 $0.00
Equipment Total:$1,309.60
Material:0 @ $0.00 $0.00
Please issue a change order to our contract in the amount of $7,532.00 for this additional work.
Thank you,
Mike Williams
Project Manager
145
146
147
148
149
Change Estimate Report
Project: Bozeman Public Safety Center CE No:99
Project # 19426 Revision #1
Change Source: PR 29 Date:11/15/2021
Description:Remove Elevator Power Module and Cab Light Disconnects
Category Quantity Unit Unit Cost Total
-$
26A.2600 1 sum (11,002.12)$ (11,002.12)$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
SUBTOTAL (11,002.12)$
GC/CM Business Insurance 0.625%(68.77)$
CM Fee 3.2%(354.27)$
Bond 1.0% (114.26)$
(11,539.42)$ TOTAL
Return price originally sent was for each; this new price reflects credit for all (4).
Description
DEDUCT
Elevator Power Module & Cab Light Disconnect
150
PROPOSED CHANGE ORDER
Liberty Electric Inc.
9660 Summit Drive
Missoula, MT 59808
CCN #PR029
Date:11/4/2021
Project Name:Bozeman Public Safety C
Project Number:BZ20SAFETY
Page Number:1
Client Address:
Langlas & Associates, Inc.
Contact: Elizabeth Oliver
1019 East Main Street Suite 101
Bozeman, MT 59715
Work Description
Name of Project: Bozeman Public Safety Center
We reserve the right to correct this quote for errors and omissions.
This quote covers direct costs only, and we reserve the right to claim for impact and consequential costs.
This price is good for acceptance within 10 days from the date of receipt.
We request a time extension of x days.
The following is our Division 16 pricing for PR029 which involves revisions to the elevator
power and controls systems.
Note: The power FA/TS/120V for elevator 3 is required to be located on the 3rd level per the
elevator installer. These items will need to be extended up to the 3rd level.
Itemized Breakdown
Description Qty Net Price U Total Mat.LaborU Total Hrs.
3/4" CONDUIT - EMT 40 87.06 C 34.82 4.00C 1.60
1" CONDUIT - EMT 0 165.03 C 0.00 0.00C 0.00
1 1/4" CONDUIT - EMT -40 267.96 C -107.18 5.88C -2.35
3/4" CONN SS STL - EMT 2 78.02 C 1.56 12.50C 0.25
1" CONN SS STL - EMT -1 144.89 C -1.45 15.00C -0.15
1 1/4" CONN SS STL - EMT -3 242.82 C -7.28 17.50C -0.53
3/4" COUPLING SS STL - EMT 3 79.80 C 2.39 5.00C 0.15
1" COUPLING SS STL - EMT 0 122.82 C 0.00 0.00C 0.00
1 1/4" COUPLING SS STL - EMT -3 247.97 C -7.44 8.13C -0.24
3/4" 1-H STRAP - RMC - STEEL 4 20.53 C 0.82 6.75C 0.27
1" 1-H STRAP - RMC - STEEL 1 25.07 C 0.25 7.38C 0.07
1 1/4" 1-H STRAP - RMC - STEEL -3 59.65 C -1.79 8.75C -0.26
#12 THHN SOLID BLACK 135 221.93 M 29.96 6.75M 0.91
#10 THHN SOLID BLACK 0 347.21 M 0.00 0.00M 0.00
# 8 THHN BLACK -40 612.41 M -24.50 8.75M -0.35
# 6 THHN BLACK 0 942.26 M 0.00 0.00M 0.00
# 4 THHN BLACK -120 1,442.13 M -173.06 12.75M -1.53
PLATT COST CREDIT -1 11,060.78 E -11,060.78 0.00E -0.00
ORIGINAL
151
PROPOSED CHANGE ORDER
Liberty Electric Inc.
9660 Summit Drive
Missoula, MT 59808
CCN #PR029
Date:11/4/2021
Project Name:Bozeman Public Safety C
Project Number:BZ20SAFETY
Page Number:2
Client Address:
Langlas & Associates, Inc.
1019 East Main Street Suite 101
Bozeman, MT 59715
Description Qty Net Price U Total Mat.LaborU Total Hrs.
CORE DRILL 2 200.00 E 400.00 0.00E 0.00
MATERIAL HANDLING FOR RETURN 1 0.00E 0.00 1.00E 1.00
Totals -23 -10,913.67 -1.16
Summary
General Materials -10,913.67
Material Total -10,913.67
JOURNEYMAN (-1.16 Hrs @ $61.00) -70.76
FOREMAN @ 25%(-0.29 Hrs @ $61.00) -17.69
Subtotal -11,002.12
Final Amount $-11,002.12
ORIGINAL
152
Northern Mountain District - Montana RegionRecap Document11/3/2021DESIG DESCRIPTIONQTY PRIOR TO CHANGEACTION QTY TOTAL UNIT PRICE EXT. PRICE100A ELEV MODULE ES3T1R2GF1NB 4 CANCELLED -4 0 $10,916.40 ELEVATOR CAB DH221FGK -- INCLUDES 25% RESTOCKING FEE 4 RETURN -4 0 $144.38 $11,060.78 PROJECT: BPSCCUSTOMER: Liberty ElectricDESIG: PR 29Platt standard terms conditions will apply to sale of material related to this document. They may be viewed at http://www.platt.com/service/terms.pdf153
Memorandum
REPORT TO:City Commission
FROM:Bernie Massey, Assistant Treasurer
Laurae Clark, Treasurer
Anna Rosenberry, Assistant City Manager
SUBJECT:Resolution 5376 Intent to Create a Special Improvement Lighting District 769
for Norton East Ranch Phase 5
MEETING DATE:February 15, 2022
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Adopt Commission Resolution No. 5376, Intent to Create Special
Improvement Lighting District #769 for Norton East Ranch Phase 5.
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:7-12-4301. Special improvement districts for lighting streets authorized.
(1) The council of any city or town is authorized to:
(a) create special improvement districts embracing any street or streets or
public highway therein or portions thereof and property adjacent thereto or
property which may be declared by said council to be benefited by the
improvement to be made for the purpose of lighting such street or streets or
public highway;
(b) require that all or any portion of the cost of installing and maintaining
such lighting system be paid by the owners of the property embraced within
the boundaries of such districts; and
(c) assess and collect such portion of such cost by special assessment
against said property.
(2) The governing body may create special lighting districts on any street or
streets or public highway for the purpose of lighting them and assess the
costs for installation and maintenance to property abutting thereto and
collect the costs by special assessment against the property
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:As a result of creating this lighting district, the City will pay the associated
power bills and schedule system maintenance. We will recover these costs
by billing property owners each year on their City Assessment bill. It is
154
estimated to cost $32.41 per acre within the district or $577.56 annually for
the entire district, or on an average size lot of 5624 square feet the annual
estimated cost would be $4.18, which is payable semiannually.
Attachments:
Resolution 5376-Intent to Create SILD 769.docx
Schedule A.pdf
Exhibit B-Norton East Ranch Sub, Ph 5 .pdf
Report compiled on: January 31, 2022
155
Page 1 of 10
RESOLUTION 5376
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO.
769 (NORTON EAST RANCH PHASE 5)DECLARING IT TO BE THE INTENTION OF
THE CITY COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF
MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS OF
MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE
LEVY OF SPECIAL ASSESSMENT.
BE IT RESOLVED by the City Commission (the “Commission”) of the City of
Bozeman (the “City”), Montana, as follows:
Section 1
Intention to Create District; Proposed Improvements.It is the intention of this
Commission to create and establish in the City under Montana Code Annotated, Title 7, Chapter
12, Part 43, as amended, a special improvement lighting district to serve Norton East Ranch Phase
5 (the “District”) for the purpose of maintenance and energy costs.The district will pay the
maintenance and energy costs for twenty-two (22) Signify Lumec RoadFocus LED Cobrahead 25
watt single upsweep luminaires on round tapered steel poles,mounted at 25-30 per City of
Bozeman standards;seventeen (17) Signify Lumec RoadFocus LED Cobrahead 38 watt single
upsweep luminaires on round tapered steel poles, mounted at 25-30’ per City of Bozeman
standards and four (4) Signify Lumec RoadFocus LED Cobrahead 38 watt single upsweep
luminaires on round tapered steel poles, mounted at 30’. The poles will be K-KLAD over
galvanized –Hunter Green. The initial monthly charge per fixture per month (the “Monthly
156
Resolution 5376, Intent to Create Lighting District 769
Page 2 of 10
Charge”) is estimated as follows: $.88 per 25 watt LED fixture or; $19.36 total for all 25 watt
fixtures, and $1.37 per 38 watt LED fixture or; $28.77 for all 38 watt fixtures. This calculates to
$577.56 annually.
Section 2
Number of District. The District, if the same shall be created and established, shall be known and
designated as Special Improvement Lighting District No. 769 (Norton East Ranch Phase 5) of the
City of Bozeman, Montana.
Section 3
Boundaries of District. The limits and boundaries of the District are depicted on a map attached as
Exhibit A hereto (which is hereby incorporated herein and made a part hereof), which boundaries
are designated and confirmed as the boundaries of the District. A listing of each of the properties
in the District is shown on Exhibit B hereto (which is hereby incorporated herein and made a part
hereof).
Section 4
Benefited Property. The District and territory included within the limits and boundaries described
in Section 3 and as shown on Exhibit A are hereby declared to
be the special lighting district and the territory which will benefit and be benefited by the
Improvements and will be assessed for the costs of the Improvements as described in Section 1.
The Improvements, in the opinion of this Commission, are of more than local and ordinary benefit.
The property included within said limits and boundaries is hereby declared to be the property
benefited by the Improvements.
Section 5
Assessment Methods. All properties within the District are to be assessed for a portion of the
maintenance and energy costs, as specified herein. The maintenance and energy costs shall be
assessed against the property in the District benefiting, based on the actual area method of
assessment described in Sections 7-12-4323, MCA, as particularly applied and set forth in this
157
Resolution 5376, Intent to Create Lighting District 769
Page 3 of 10
Section 5.The annual maintenance and energy costsare estimated at $577.56, and shall be assessed
against each lot, tract or parcel of land in the District for that part of the costs that the area of such
lot, tract or parcel bears to the total area of all lots, tracts or parcels of land in the District, exclusive
of streets, avenuesand alleys.The total area of the District to be assessed is 17.82acres, or 776,105
square feet, exclusive of parks and open space. The initial costs of the Improvements per acre
shall be $32.41 or $0.000744 per square foot annually.
Section 6
Payment of Assessments. Special assessments for the annual maintenance and energy costs are
estimated at $577.56, plus any increases, as may be permitted by the Public Service Commission,
and any additional authorized charges shall be levied each year against all properties in the District
and shall be payable in equal semiannual installments. The first year of special assessment billing
will include an additional amount not to exceed $500 for publication and mailing associated with
creation of the District which shall be assessed in the same manner as the Improvements resulting
in a cost not to exceed $60.47 per acre, or $0.001389 per square foot.
Section 7
Extraordinary Repair or Replacement. The maintenance and energy costs and assessments set
forth in Section 1 and 5 are based on normal conditions and do not cover charges for repair and/or
replacement. The City may make an additional charge to the District for costs of labor and actual
material costs for repairs and/or replacement of the fixtures for damage caused by third parties and
not paid by such third parties. The City will assess such costs and charges against the properties
in the District in the same manner as the other assessment is made.
Section 8
Discontinuation of District. If at any time after the initial term of the District a petition is presented
to the City Commission, signed by the owners or agents of more than three-fourths of the total
amount of property within the District, asking that the maintenance and operation of the special
lighting system and the furnishing of electrical current in the district be discontinued, or if a
158
Resolution 5376, Intent to Create Lighting District 769
Page 4 of 10
majority of the City Commission votes to discontinue the District, the City Commission shall, by
resolution, provide for discontinuing the maintenance and operation of the lighting system. If the
Commission has, prior to the presentation of a petition or by a majority vote of the Commission to
discontinue the District, entered into any contract for the maintenance and operation of the lighting
system, the maintenance and operation may not be discontinued until after the expiration of the
contract.
Section 9
Public Hearing; Protests. At any time within fifteen (15) days from and after the date of the first
publication of the notice of the passage and approval of this resolution, any owner of real property
within the District subject to assessment and taxation for the cost and expense of maintenance and
energy may make and file with the City Clerk until 5:00 p.m., M.T., on the expiration date of said
15-day period (March 7, 2022) written protest against the proposed maintenance and energy costs,
or against the extension or creation of the District or both, and this Commission will at its next
regular meeting after the expiration of the fifteen (15) days in which such protests in writing can
be made and filed, proceed to hear all such protests so made and filed; which said regular meeting
will be held on March 22, 2022 at 6 pm in Bozeman City Hall, City Commission Room, 121 N
Rouse Ave.
Section 10
Notice of Passage of Resolution of Intention. The City Clerk is hereby authorized and directed to
publish or cause to be published a copy of a notice of the passage of this resolution in the Bozeman
Daily Chronicle, a newspaper of general circulation in the county on February 20, 2022 and
February 27, 2022, in the form and manner prescribed by law, and to mail or cause to be mailed a
copy of said notice to every person, firm, corporation, or the agent of such person, firm, or
corporation having real property within the District listed in his or her name upon the last
completed assessment roll for state, county, and school district taxes, at his last-known address, on
or before the same day such notice is first published.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 15th day of February, 2022.
159
Resolution 5376, Intent to Create Lighting District 769
Page 5 of 10
___________________________________
CYNTHIA ANDRUS
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
160
Resolution 5376, Intent to Create Lighting District 769
CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE
I, the undersigned, being the duly qualified and acting recording officer of the City of
Bozeman, Montana (the “City”), hereby certify that the attached resolution is a true copy of
Resolution No. 5376, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT
LIGHTING DISTRICT NO. 769 (NORTON EAST RANCH PHASE 5) DECLARING IT
TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT
FOR THE PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND
ASSESSING THE COSTS FOR MAINTENANCE AND ENERGY THEREFOR TO
BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT,(the
“Resolution”), on file in the original records of the City in my legal custody; that the Resolution
was duly adopted by the City Commission of the City of Bozeman at a meeting on February 15,
2022, and that the meeting was duly held by the City Commission and was attended throughout
by a quorum, pursuant to call and notice of such meeting given as required by law; and that the
Resolution has not as of the date hereof been amended or repealed.
I further certify that, upon vote being taken on the Resolution at said meeting, the
following Commissioners voted in favor thereof: _____
____________________ ; voted against the same: ___________ ___ ; abstained
from voting thereon: ________________ ; or were absent: _______________ .
WITNESS my hand officially this 16
th day of February, 2022.
___________________________________
MIKE MAAS
City Clerk
161
Resolution 5376, Intent to Create Lighting District 769
NOTICE OF PASSAGE OF RESOLUTION OF INTENTION
TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 769
(NORTON EAST RANCH PHASE 5)
CITY OF BOZEMAN, MONTANA
NOTICE IS HEREBY GIVEN that on October 19, 2021, the City Commission (the
“Commission”) of the City of Bozeman, Montana (the “City”), adopted a Resolution of Intention
No. 5376 to create Special Improvement Lighting District No. 769 (the “District”) for the purpose
of maintaining lighting and assessing the cost for maintenance and energy to NORTON EAST
RANCH PHASE 5, and paying maintenance and energy costs relating thereto.
A complete copy of the Resolution of Intention (the “Resolution”) No. 5376 is on file
with the City Clerk which more specifically describes the nature of the costs, the boundaries and
the area included in the District, the location of the Improvements and other matters pertaining
thereto and further particulars. A list of properties in the District and the amount of the initial
assessment accompanies this notice. The Resolution and accompanying exhibits may be also
viewed on the City’s website at www.bozeman.net. The district will pay the maintenance and
energy costs for twenty-two (22) Signify Lumec RoadFocus LED Cobrahead 25 watt single
upsweep luminaires on round tapered steel poles, mounted at 25-30 per City of Bozeman
standards; seventeen (17) Signify Lumec RoadFocus LED Cobrahead 38 watt single upsweep
luminaires on round tapered steel poles, mounted at 25-30’ per City of Bozeman standards and
four (4) Signify Lumec RoadFocus LED Cobrahead 38 watt single upsweep luminaires on round
tapered steel poles, mounted at 30’. The poles will be K-KLAD over galvanized – Hunter Green.
The initial monthly charge per fixture per month (the “Monthly Charge”) is estimated as follows:
$.88 per 25 watt LED fixture or; $19.36 total for all 25 watt fixtures, and $1.37 per 38 watt LED
fixture or; $28.77 for all 38 watt fixtures. This calculates to $577.56 annually.
All properties in the District will be assessed for their proportionate share of the costs of
the Improvements on an “area basis” annually and will be payable in equal semiannual
installments. The annual costs of the Improvements at the initial Monthly Charge are $577.56
per year for the entire District. The total area of the District to be assessed is 17.82 acres, or
162
Resolution 5376, Intent to Create Lighting District 769
776,105 square feet, exclusive of parks and open space. The initial costs of the Improvements per
acre shall be $32.41, or $0.000744 per square foot. On an average size lot of 5624 square feet the
annual estimated cost would be $4.18 which is payable semiannually. The annual assessments for
costs of the Improvements may be increased as approved by the Public Service Commission and
may be increased to cover extraordinary expenses of repair and maintenance. The first year of
special assessment billing will include an additional amount not to exceed $500 for publication
and mailing associated with creation of the District which shall be assess in the same manner as
the Improvements resulting in a cost not to exceed $60.47 per acre, or $0.001389 per square foot.
On Tuesday, February 15, 2022, at 6:00 p.m., in the Commission Room at City Hall
121 N Rouse Ave, Bozeman, Montana, the City Commission will conduct a public hearing to
hear and pass upon all written protests against the creation or extension of the District, or
the Improvements. Due to the City’s Declaration of Emergency for the Covid-19 Pandemic,
this meeting may be held online using Webex or other technology.
Written protests against the creation or extension of the District and the costs may be
filed by an agent, person, firm or corporation owning real property within the proposed District
whose property is liable to be assessed for the costs. Such protests must be delivered to the City
Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana not later than 5:00 p.m., M.T., on March
7, 2022.
Further information regarding the proposed District or other matters in respect thereof
may be obtained from the City Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana or by
telephone at (406) 582-2320.
DATED this 18nd day of February, 2022.
Mike Maas
City Clerk
City of Bozeman
163
Resolution 5376, Intent to Create Lighting District 769
Legal Ad
Publication Dates:
Sunday, February 20, 2022
Sunday, February 27, 2022
164
Resolution 5376, Intent to Create Lighting District 769
RESOLUTION 5376
Resolution of Intent to create SILD No. 769 for the purpose of maintaining lighting and
assessing the cost for maintenance and energy to NORTON EAST RANCH PHASE 5, and paying
maintenance and energy costs relating thereto.
AFFIDAVIT OF MAILING
STATE OF MONTANA )
: ss
County of Gallatin )
Mike Maas, City Clerk, being first duly sworn, says:
That I cause to be mailed first class the Notice in regards to the owners in Special
Improvement Lighting District No. 769, as listed in Exhibit "B", on Friday, February 18, 2022,
directed to the owners at the addresses shown on Exhibit "B".
______________________________
Mike Maas
City Clerk
Subscribed and sworn before me this 18
th day of February, 2022.
(Notarial Seal)
_______________________________
Printed Name____________________
Notary Public for the State of Montana
Residing at: see seal
My Commission expires: see seal
165
NortonRanchPhase5-LightingCalculationsBozeman,MTDesigner
Billy DeBuse
Date
02/16/2021
Scale
Not to Scale
Drawing No.
Summary
1 of 3
1.91.91.92.02.22.32.32.12.01.9
1.71.81.91.92.02.22.32.21.91.81.71.6
1.31.51.61.71.81.92.02.01.91.71.51.51.41.31.2
0.91.01.21.31.41.51.51.61.71.71.61.51.41.31.21.11.00.9
0.80.91.01.11.21.31.41.51.51.51.51.31.21.11.01.00.90.8
0.70.80.91.01.11.21.31.41.41.41.31.21.11.00.90.80.80.7
0.70.80.80.91.01.11.21.21.31.31.21.11.00.90.80.70.7
0.70.70.80.80.91.01.11.21.21.21.11.00.90.80.80.7
0.70.80.90.91.01.21.21.31.21.11.00.90.80.70.7
0.70.80.80.91.01.11.31.31.31.21.10.90.80.80.70.7
0.70.80.91.01.11.21.41.51.51.31.11.00.80.80.70.7
0.80.91.01.11.21.41.61.71.61.41.21.10.90.80.80.70.70.7
1.01.11.21.41.51.61.71.71.61.41.21.11.00.90.90.80.80.7
1.21.41.51.71.92.12.22.01.81.61.31.21.11.01.00.90.90.8
1.41.72.02.22.42.62.72.62.11.81.51.41.21.21.11.11.00.9
1.72.22.72.83.03.33.63.32.72.21.81.61.41.41.31.21.1
3.74.04.44.83.93.12.52.01.71.61.51.5
4.9
5.34.23.22.52.01.81.71.7
0.60.60.6
0.6
0.60.60.60.60.60.6
5.41.31.21.11.00.90.80.60.50.4
1.31.21.10.90.80.70.60.5
1.31.21.11.00.90.80.70.60.5
1.31.31.21.11.00.90.80.70.60.60.40.3
1.11.21.11.11.00.90.90.80.70.70.50.4
1.01.01.01.01.01.00.90.90.80.80.70.50.3
0.80.90.91.01.01.01.01.01.00.90.80.60.3
0.70.80.80.91.01.01.11.11.21.11.00.70.4
0.60.70.80.91.01.01.11.21.31.31.20.80.4
0.50.60.70.80.91.01.11.3
0.50.60.70.80.91.01.11.3
0.40.50.60.70.81.01.11.21.3
0.20.2
1.41.4
1.41.41.4
1.01.11.21.31.31.31.31.41.4
0.91.01.11.31.41.41.41.41.51.5
0.70.91.01.11.31.41.41.41.41.41.51.51.2
0.50.60.70.91.01.21.31.41.41.41.41.41.41.31.10.70.4
0.50.70.80.91.11.31.51.51.51.41.41.31.21.21.00.60.4
0.70.80.91.11.21.41.61.71.51.41.31.21.11.00.80.50.3
0.81.01.11.31.41.61.61.61.51.31.21.10.90.80.70.50.3
1.11.31.41.61.82.02.01.81.61.31.11.00.80.70.60.40.3
1.31.61.92.12.32.52.62.21.81.41.10.90.80.60.50.4
2.52.72.93.33.42.82.21.61.20.90.80.6
3.73.94.54.43.32.51.81.31.00.8
4.54.9
4.63.52.51.81.31.00.8
0.2
5.31.31.31.11.00.90.80.70.60.5
1.31.21.11.00.80.70.60.5
1.31.21.11.00.90.80.70.60.5
1.31.31.21.11.00.90.80.70.70.60.40.3
1.21.21.11.11.00.90.90.80.70.70.50.4
1.01.01.01.01.01.00.90.90.90.80.70.40.3
0.80.90.91.01.01.01.01.01.00.90.80.50.3
0.70.80.90.91.01.01.11.11.21.11.00.70.4
0.60.70.80.91.01.11.11.21.31.31.10.80.4
0.50.60.70.81.01.11.21.3
0.50.60.70.80.91.01.11.3
0.40.50.60.70.91.01.11.21.3
0.20.2
1.41.4
1.41.41.4
0.80.70.70.80.9
1.31.21.01.01.01.11.21.2
1.4
1.41.31.21.11.11.21.2
1.4
1.41.41.31.21.21.11.0
1.11.31.41.41.41.31.31.21.21.10.9
1.11.21.31.31.31.31.21.21.11.00.80.6
1.01.11.21.31.31.31.21.21.11.00.80.6
0.80.91.01.11.21.21.21.21.21.10.90.80.6
0.70.80.91.01.11.21.21.21.21.10.90.8
0.50.60.70.81.01.11.21.21.31.21.11.00.8
0.50.70.80.91.11.21.31.31.31.21.0
0.50.60.70.91.01.21.31.41.31.21.1
0.81.01.21.41.41.41.31.2
1.4
1.31.3
0.4
0.4
1.51.51.51.5
1.51.5
0.30.30.30.30.30.30.30.3
0.30.40.40.40.40.40.40.50.50.50.6
0.40.40.50.60.60.60.70.70.80.80.90.9
0.40.50.60.70.80.80.91.01.01.11.11.21.31.4
0.50.60.70.80.91.11.21.21.31.31.31.31.31.4
0.40.50.60.80.91.11.31.41.51.51.51.41.41.3
0.40.50.60.81.01.21.51.61.71.71.71.51.41.3
0.50.60.81.01.31.61.8
1.91.81.51.31.1
1.91.71.41.21.0
0.10.10.10.1 2.0
0.60.71.01.31.6
0.60.81.01.31.5
1.61.31.10.80.7
0.60.80.91.21.41.51.51.41.21.00.80.7
0.60.70.81.01.11.21.21.11.00.90.70.6
0.50.60.70.80.90.90.90.90.80.70.60.6
0.50.50.60.60.70.70.70.70.60.60.50.5
0.40.40.40.40.50.50.50.40.40.40.4
0.30.30.30.30.30.30.30.30.30.3
0.20.20.20.20.20.20.2
0.10.10.10.1
1.71.7
0.20.20.20.20.20.20.2
0.20.20.20.20.20.20.20.2
0.20.20.20.30.30.30.20.20.2
0.20.30.30.30.30.30.30.30.20.2
0.20.20.30.40.40.40.40.30.30.20.2
0.20.30.40.50.50.50.40.40.30.30.2
0.20.40.60.60.60.60.50.50.40.30.2
0.30.60.70.80.80.70.60.50.40.30.2
0.71.01.00.90.80.70.60.40.3
1.31.31.11.00.80.60.40.3
1.31.10.90.60.40.3
0.70.5
0.10.1
0.10.10.10.1
0.10.10.10.10.10.10.10.10.1
1.5 0.20.2
0.20.20.20.20.20.2
0.20.20.20.20.20.20.20.2
0.20.20.30.30.30.30.20.20.2
0.20.30.30.30.30.30.30.30.20.2
0.20.30.30.40.40.40.40.30.30.20.2
0.20.30.50.50.50.50.50.40.30.30.2
0.30.40.60.70.60.60.50.50.40.30.2
0.30.60.80.80.80.70.60.50.40.30.2
1.01.01.00.90.70.60.40.30.2
1.31.31.21.00.80.60.40.30.2
1.41.10.90.70.40.30.2
0.90.70.50.3
0.10.1
0.10.1
0.10.10.10.1
0.10.10.10.10.10.10.1
1.6 0.20.2
0.20.20.20.20.20.2
0.20.20.20.20.20.20.2
0.20.20.30.30.30.30.20.20.2
0.20.30.30.30.30.30.30.30.20.2
0.20.30.30.40.40.40.40.40.30.20.2
0.20.30.50.50.50.50.50.40.30.30.2
0.20.40.60.70.60.60.60.50.40.30.2
0.60.80.80.80.70.60.50.40.30.2
1.01.11.00.90.70.60.40.30.2
1.31.21.00.80.60.40.30.2
1.41.10.90.70.50.30.2
0.90.70.50.3
0.10.1
0.10.1
0.10.10.10.1
0.10.10.10.10.10.1
1.60.20.20.20.20.20.2
0.20.20.30.30.30.30.30.20.2
0.20.30.30.30.30.30.30.30.20.2
0.20.30.40.40.40.40.40.40.30.20.2
0.20.40.50.50.50.50.50.40.30.20.2
0.30.50.60.70.70.60.60.50.40.30.2
0.40.60.80.90.80.70.60.50.40.3
0.81.11.11.00.90.70.60.40.2
1.41.41.21.00.80.60.40.3
1.41.10.90.60.40.3
0.10.10.1
0.10.1
0.1
0.10.10.10.10.10.10.10.1
1.6
0.20.20.20.20.2
0.20.20.20.20.20.20.2
0.20.20.20.20.20.20.20.2
0.20.20.30.30.30.30.30.20.20.2
0.20.30.30.30.30.30.30.30.20.2
0.20.30.40.40.40.40.40.30.20.2
0.20.30.40.50.50.50.50.40.40.30.2
0.20.40.60.70.70.60.60.50.40.30.2
0.30.50.80.80.80.70.70.50.40.30.2
0.71.01.11.00.90.70.60.40.30.2
1.31.41.21.00.80.60.50.3
1.41.20.90.70.5
0.10.1
0.10.1
0.1
0.1
0.1
0.1
0.1
0.1
0.10.10.10.10.1
1.6
0.60.60.60.60.60.60.50.5
0.70.70.70.70.70.70.60.60.50.50.50.5
0.80.80.80.80.80.70.70.70.60.60.60.60.60.6
0.90.90.90.80.80.80.80.70.70.70.70.70.70.7
1.11.01.00.90.90.90.80.80.80.90.90.90.90.8
1.21.21.11.00.90.90.90.90.91.01.11.11.01.0
1.31.21.11.01.00.90.90.91.01.11.21.21.21.1
1.31.11.01.00.90.90.91.01.21.31.31.31.1
1.31.21.11.00.90.90.80.80.91.0
1.11.00.90.80.70.70.70.70.70.40.40.4
0.40.4
1.4
0.90.70.60.40.30.20.20.2
1.10.90.70.60.50.40.30.20.2
1.00.80.70.50.40.40.30.20.20.2
0.80.70.60.50.40.30.30.20.20.2
0.60.60.50.50.40.30.30.20.20.2
0.50.50.40.40.30.30.20.20.20.2
0.30.30.30.30.30.30.20.20.20.2
0.20.20.20.20.20.20.10.10.10.10.10.10.10.1
0.10.10.10.10.10.10.1
1.2
0.3
0.3
0.3
0.3
0.4
0.4
0.4
0.3
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0.3
0.4
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0.6
0.2
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0.5
0.3
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0.5
0.5
0.6
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0.6
0.5
0.3
0.6
0.5
0.4
0.3
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.10.1
0.7
0.7
0.7
0.7
0.2
0.2
0.2
0.2
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0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.1
0.3
0.3
0.3
0.3
0.8
0.60.6
0.4
0.3
0.8
0.6
0.4
0.3
0.2
0.2
0.5
0.4
0.3
0.2
0.2
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0.1
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0.1
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0.1
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0.5
0.2
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0.6
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0.4
0.5
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0.5
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0.7
0.6
0.5
0.4
0.8
0.8
0.7
0.6
0.4
0.3
0.3
0.7
0.6
0.4
0.3
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0.4
0.3
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0.2
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0.1
0.1
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0.2
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0.2
0.1
0.1
0.1
0.2
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0.1
0.1
0.1
0.1
0.2
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0.1
0.1
0.1
0.1
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0.1
0.1
0.1
0.2
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0.1
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0.1
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0.1
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0.5
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0.5
0.8
0.8
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0.5
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0.8
0.6
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0.5
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0.2
0.0
0.9
0.3
0.4
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0.3
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0.3
0.2
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0.3
0.3
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0.2
0.2
0.10.1
0.1
0.1
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0.40.5
0.4
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0.5
0.4
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0.5
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0.2
0.00.0
0.0
0.0
0.6
0.60.6
0.6
0.60.6
0.6
0.20.40.40.30.2 0.10.50.50.50.30.40.50.60.60.60.40.2 0.7
0.20.2
0.2
0.2
0.2
0.2
0.2
0.3
0.3
0.2
0.2
0.3
0.3
0.4
0.4
0.2
0.3
0.3
0.3
0.4
0.5
0.5
0.3
0.3
0.3
0.4
0.5
0.5
0.3
0.3
0.4
0.4
0.5
0.5
0.5
0.3
0.3
0.4
0.4
0.5
0.5
0.3
0.4
0.40.4
0.10.1
0.1
0.6
0.4
0.3
0.4
0.3
0.2
0.2
0.2
0.2
0.2
0.4
0.3
0.2
0.2
0.4
0.3
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.50.50.5
0.2
0.2
0.2
0.3
0.3
0.3
0.4
0.4
0.4
0.4
0.4
0.3
0.2
0.2
0.2
0.2
0.3
0.3
0.3
0.4
0.4
0.4
0.4
0.4
0.3
0.2
0.2
0.2
0.2
0.2
0.3
0.3
0.3
0.3
0.3
0.3
0.3
0.3
0.3
0.3
0.4
0.4
0.2
0.2
0.2
0.3
0.3
0.3
0.4
0.4
0.4
0.3
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.3
0.3
0.3
0.3
0.4
0.2
0.2
0.2
0.3
0.3
0.3
0.4
0.4
0.4
0.4
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.3
0.3
0.4
0.4
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.5
0.5
0.5
0.5
0.5
0.5
0.5
0.5
0.2
0.3
0.2
0.4
0.5
0.6
0.3
0.4
0.6
0.6
0.6
0.6
0.5
0.6
0.6
0.6
0.5
0.6
0.5
0.4
0.3
0.6
0.6
0.5
0.4
0.4
0.3
0.2
0.5
0.4
0.4
0.3
0.3
0.2
0.2
0.4
0.3
0.3
0.2
0.2
0.3
0.2
0.20.2
0.10.1
0.7
0.7
0.7
0.7
0.7
0.3
0.3
0.3
0.3
0.3
0.3
0.3
0.3
0.3
0.3
0.3
0.3
0.3
0.3
0.3
0.3
0.3
0.2
0.2
0.2
0.2
0.4
0.4
0.4
0.4
0.4
0.4
0.4
0.4
0.4
0.6
0.5
0.4
0.3
0.3
0.6
0.5
0.4
0.4
0.3
0.3
0.2
0.2
0.2
0.1
0.1
0.6
0.6
0.5
0.4
0.4
0.3
0.3
0.3
0.2
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.2
0.3
0.4
0.5
0.5
0.6
0.6
0.6
0.5
0.5
0.4
0.4
0.3
0.3
0.2
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.2
0.2
0.2
0.2
0.2
0.2
0.1
0.1
0.1
0.1
0.2
0.3
0.4
0.5
0.5
0.6
0.6
0.6
0.5
0.5
0.4
0.4
0.4
0.3
0.3
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.1
0.1
0.2
0.3
0.4
0.4
0.4
0.6
0.6
0.6
0.6
0.5
0.5
0.4
0.4
0.4
0.0
0.7
0.7
0.7
0.7
0.7
0.6
0.6
0.7
0.7
0.7
0.7
0.7
0.7
0.7
0.7
0.7
0.7
0.7
0.7
0.6
0.6
0.6
0.5
0.5
0.5
0.5
0.5
0.4
0.4
0.4
0.4
0.4
0.4
0.3
0.3
0.3
0.3
0.3
0.3
0.2
0.2
0.3
0.3
0.3
0.4
0.4
0.4
0.5
0.5
0.4
0.5
0.5
0.4
0.5
0.5
0.4
0.5
0.5
0.4
0.4
0.4
0.4
0.4
0.3
0.3
0.3
0.3
0.3
0.3
0.3
0.3
0.3
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2 0.3
0.3
0.3
0.6
0.6
0.6
0.1
0.1
0.1
0.1
0.10.8
0.6
0.6
0.5
0.8
0.7
0.5
1.3
0.9
0.7
1.0
0.7
1.5
1.0
0.6
1.3
1.0
0.7
1.5
1.1
0.7
1.3
1.0
0.7
1.3
1.0
0.8
1.1
0.9
0.7
0.9
0.8
0.7
0.7
0.7
0.6
0.6
0.7
0.7
0.6
0.7
0.8
0.6
0.7
0.8
0.6
0.7
0.7
0.6
0.7
0.7
0.5
0.6
0.6
0.5
0.5
0.5
0.4
0.4
0.4
0.4
0.4
0.3
0.3
0.3
0.3
0.3
0.3
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
1.60.6
0.7
0.7
0.7
0.7
0.7
0.7
0.7
0.7
0.7
0.7
0.7
0.7
0.6
0.6
0.6
0.5
0.5
0.5
0.5
0.5
0.5
0.4
0.4
0.4
0.4
0.4
0.3
0.3
0.3
0.3
0.3
0.3
0.2
0.3
0.4
0.4
0.4
0.5
0.5
0.4
0.5
0.5
0.4
0.5
0.5
0.4
0.5
0.5
0.4
0.4
0.4
0.4
0.4
0.4
0.3
0.3
0.3
0.3
0.3
0.3
0.3
0.3
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.10.10.80.8
0.3
0.2
0.2
0.3
0.2
0.2
0.4
0.3
0.2
0.4
0.3
0.2
0.4
0.3
0.2
0.3
0.3
0.2
0.3
0.3
0.2
0.3
0.3
0.2
0.3
0.3
0.2
0.3
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.3
0.3
0.4
0.4
0.4
0.40.40.4
0.4
0.4
0.4
0.4
0.4
0.3
0.3
0.3
0.3
0.3
0.3
0.3
0.3
0.2
0.2
0.2
0.2
0.2
0.2
0.20.1
0.1
0.1
0.1 0.5
0.5
0.5
0.5
0.5
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.3
0.2
0.2
0.3
0.2
0.2
0.3
0.2
0.3
0.3
0.2
0.3
0.3
0.2
0.3
0.3
0.2
0.2
0.3
0.2
0.3
0.2
0.2
0.3
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.3
0.3
0.3
0.3
0.3
0.3
0.4
0.4
0.4
0.4
0.4
0.4
0.5
0.5
0.5
0.6
0.6
0.6
0.6
0.6
0.7
0.7
0.7
0.7
0.7
0.70.7
0.7
0.7
0.6
0.7
0.6
0.1
0.1
0.1
0.10.10.1 0.1 0.8
0.80.8 0.2
0.2
0.2
0.2
0.3
0.2
0.2
0.3
0.2
0.2
0.3
0.2
0.3
0.3
0.2
0.3
0.4
0.2
0.3
0.4
0.2
0.3
0.4
0.2
0.3
0.4
0.2
0.3
0.3
0.2
0.3
0.3
0.3
0.3
0.3
0.3
0.4
0.4
0.4
0.4
0.5
0.4
0.5
0.5
0.5
0.6
0.6
0.6
0.6
0.7
0.6
0.7
0.7
0.7
0.8
0.8
0.7
0.8
0.9
0.7
0.8
0.9
0.7
0.8
0.9
0.6
0.7
0.8
0.5
0.7
0.8
0.5
0.7
0.9
0.6
0.8
0.1
1.0
1.0
0.9
0.2
0.2
0.2
0.3
0.2
0.2
0.3
0.2
0.3
0.2
0.3
0.2
0.3
0.2
0.3
0.2
0.20.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.3
0.3
0.3
0.3
0.3
0.3
0.4
0.4
0.4
0.4
0.4
0.4
0.5
0.5
0.5
0.6
0.6
0.6
0.6
0.6
0.7
0.7
0.7
0.7
0.8
0.7
0.8
0.8
0.7
0.7
0.8
0.7
0.6
0.7
0.6
0.10.1 0.10.10.10.10.10.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
1.2 0.3
0.3
0.3
0.3
0.3
0.3
0.3
0.3
0.4
0.3
0.4
0.3
0.4
0.3
0.4
0.3
0.4
0.3
0.3
0.3
0.3
0.3
0.3
0.3
0.3
0.3
0.4
0.4
0.4
0.4
0.4
0.4
0.4
0.5
0.5
0.4
0.5
0.5
0.4
0.5
0.6
0.5
0.6
0.7
0.4
0.6
0.6
0.4
0.5
0.6
0.5
0.6
0.8
0.5
0.6
0.8
0.5
0.7
0.5
0.6
0.8
0.4
0.5
0.6
0.3
0.4
0.5
0.3
0.3
0.4
0.3
0.3
0.4
0.2
0.2
0.2
0.2
0.2
0.20.20.20.20.20.20.20.2
0.9
0.50.91.0 0.21.11.10.70.80.90.60.2 1.0
0.70.9 0.80.70.3 1.0 0.60.80.9 0.80.41.0
0.50.80.90.8
0.2
1.00.60.80.90.70.41.0
0.0
0.0
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0.10.0
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0.0
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0.2
0.1
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0.0
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0.1
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0.1
0.80.70.50.40.30.20.20.10.10.10.10.10.10.10.10.10.10.10.10.1 0.9
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0.10.10.10.10.10.10.10.10.10.1 0.10.10.10.10.10.10.10.10.10.10.1
0.00.00.00.00.00.0 0.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.0
0.2
0.00.00.00.00.00.00.00.00.00.00.00.0
0.00.0
0.00.00.0
0.10.10.10.10.10.10.10.10.10.10.10.10.1
0.00.00.00.00.00.0
0.00.00.00.0
0.10.10.10.10.10.10.10.10.10.10.10.1
0.00.00.00.00.00.00.00.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.1 0.0 0.20.00.00.00.00.00.00.00.00.00.00.0 0.10.10.10.10.10.10.1
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0.10.1 0.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.2 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.2
0.0
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0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.0
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0.1 0.1 0.1 0.10.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.2 0.2 0.2
0.1
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0.10.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.0 0.1
0.0
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0.0 0.0
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0.00.0 0.0 0.0
0.0 0.0 0.00.0
0.1 0.1 0.1 0.1 0.1 0.1
0.0
0.0
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0.1
0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.1 0.1 0.1 0.0
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0.1
0.1
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0.1
0.1
0.1
0.1
0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.1 0.1 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.1 0.1 0.1 0.1 0.1 0.1
0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 1.0 0.7 0.4 0.3 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.2 0.2 0.2 0.2 0.2 0.1 0.2 0.2 0.3 0.3 0.6 0.90.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.01.3 1.3
1.41.10.90.70.5
1.41.31.10.80.60.4
1.11.11.10.90.80.60.4
0.20.40.60.90.90.90.80.70.50.4
0.10.30.50.70.70.70.60.60.50.4
0.10.20.40.50.60.60.50.50.40.4
0.10.20.30.40.40.40.40.40.40.3
0.10.10.20.30.30.40.40.30.30.3
0.10.10.20.20.30.30.30.30.30.2
0.10.10.20.20.20.20.20.20.2
0.20.20.20.20.20.20.2
0.20.20.20.20.20.2
0.10.10.10.10.10.1
0.0
1.6
0.00.00.00.00.00.00.00.00.0 0.10.10.10.10.10.10.10.10.10.10.10.1
0.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.0 0.10.10.1
S3 @ 30'
S2 @ 30'
S2 @ 30'
S2 @ 30'
S2 @ 30'
S2 @ 30'
S2 @ 30'
S2 @ 30'
S2 @ 30'
S2 @ 30'
S2 @ 30'
S2 @ 30'
S4 @ 30'
S3 @ 30'
S2 @ 30'S2 @ 30'
S2 @ 30'
S2 @ 30'S2 @ 30'
S3 @ 25'S3 @ 25'S3 @ 25'S3 @ 25'
S3 @ 25'
S2 @ 25'
S2 @ 25'
S3 @ 25'
S3 @ 25'
S2 @ 25'
S2 @ 25'
S4 @ 30'
S3 @ 25'
S2 @ 25'
S3 @ 30'
EX @ 25'
EX @ 40'
EX @ 25'
S4 @ 30'
S4 @ 30'
S2 @ 25'
S3 @ 30'
S3 @ 30'
S3 @ 30'
S3 @ 30'S3 @ 30'
S3 @ 25'
Plan View
Scale - 1" = 80ft
Schedule
Symbol Label QTY Manufacturer Catalog Number Description
Lumen
Multiplie
r
LLF Wattage
S2
22 Lumec by
Signify
RFS-25W16LED2.7K-G2-
-R2M-UNV-DMG-FAWS-
PH9-RCD7-GN6TX
RoadFocus Small - LED Cobra
Head; 2700K; Type II
Distribution; 2,858 Lumens; B1-
U0-G1; Field Adjustable
Wattage Selector Included;
24W; 25'-30' Pole, 6' Mast Arm
1 1 24.18
S3
17 Lumec by
Signify
RFS-35W16LED2.7K-G2-
-R3M-UNV-DMG-FAWS-
PH9-RCD7-GN6TX
RoadFocus Small - LED Cobra
Head; 2700K; Type III
Distribution; 4,125 Lumens; B1-
U0-G1; Field Adjustable
Wattage Selector Included;
38W; 25'-30' Pole, 6' Mast Arm
1 1 38
S4
4 Lumec by
Signify
RFS-35W16LED2.7K-G2-
-R3M-UNV-DMG-FAWS-
PH9-RCD7-GN6TX
RoadFocus Small - LED Cobra
Head; 2700K; Type III
Distribution; 4,125 Lumens; B1-
U0-G1; Field Adjustable
Wattage Selector Included;
38W; 30' Pole, 10' Mast Arm
1 1 38
EX
3 Existing Fixture
Estimate
Estimate Only: 250W
HPS Type III Fixture
250W HPS Cobra Head
Luminaire; Type III Distribution;
Flat Lens; B3-U0-G3
1 0.7 286.3
Northern Rockies Agency
in its capacity as the local
manufacturer's
representative for the
products specified certifies
these photometrics are in
compliacne with the
standards in the City of
Bozeman Design
Standards and
Specificaiton Policy,
specifically Section XII
Subsection D. Compliance
with overall lighting design
criteria is subject to review
by the City of Bozeman
Northern Rockies Agency,
in its capacity as the local
manufacturer's
representative for the
products specified, certifies
these photometrics are in
compliance with the
standards in the City of
Bozeman Design
Standards and
Specification Policy,
specifically Section XII
Subsection D. Compliance
with overall lighting design
criteria is subject to review
by the City of Bozeman.
166
Exhibit B-Norton East Ranch Sub, Ph 5 .xlsx 1/31/2022/11:37 AM
ACTUAL
Phase Blk Lot Sq Ft Owner Owner Address
5A 18 1 7,530.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
18 2 5,697.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
18 3 5,697.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
18 4 5,697.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
18 5 5,697.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
18 6 5,697.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
18 7 5,776.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
18 8 6,657.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
18 9 6,651.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
18 10 6,651.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
18 11 6,648.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
19 1 7,091.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
19 2 5,349.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
19 3 5,349.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
19 4 5,349.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
19 5 5,349.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
19 6 5,349.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
19 7 5,350.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
19 8 3,212.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
19 9 3,301.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
19 10 3,301.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
19 11 3,172.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
19 12 5,274.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
19 13 5,349.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
19 14 5,349.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
19 15 5,349.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
19 16 5,349.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
19 17 5,349.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
19 18 7,091.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
20 1 6,170.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
20 2 6,025.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
20 3 5,969.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
20 4 5,523.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
20 5 5,086.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
20 6 5,123.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
20 7 5,093.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
20 8 5,876.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
20 9 5,876.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
20 10 5,094.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
20 11 5,126.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
20 12 5,087.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
20 13 5,524.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
20 14 5,970.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
20 15 6,025.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
20 16 6,170.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
22 1 3,549.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
22 2 3,549.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
22 19 6,943.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
23 1 3,510.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
23 2 3,401.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
23 21 3,401.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
23 22 3,510.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
24 1 6,584.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
24 12 6,584.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
5B 22 3 6,500.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
Address
NORTON EAST RANCH SUBDIVISION, PHASE 5
167
Exhibit B-Norton East Ranch Sub, Ph 5 .xlsx 1/31/2022/11:37 AM
22 4 5,198.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
22 5 5,210.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
22 6 5,214.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
22 7 5,198.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
22 8 5,198.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
22 9 5,514.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
22 10 5,514.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
22 11 5,588.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
23 3 5,705.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
23 4 5,844.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
23 5 5,983.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
23 6 6,016.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
23 7 5,928.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
23 8 5,703.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
23 9 5,627.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
23 10 5,534.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
23 11 6,637.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
23 12 6,636.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
23 13 5,533.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
23 14 5,626.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
23 15 5,700.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
23 16 5,921.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
23 17 6,011.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
23 18 5,977.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
23 19 5,850.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
23 20 5,709.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
24 2 6,125.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
24 3 6,264.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
24 4 6,403.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
24 5 6,542.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
24 6 6,564.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
24 7 6,564.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
24 8 6,542.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
24 9 6,403.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
24 10 6,264.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
24 11 6,125.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
25 1 5,686.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
25 2 5,870.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
25 3 5,870.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
25 4 5,870.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
25 5 6,454.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
27 1 5,405.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
5C 16 1 6,626.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
16 2 8,080.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
16 3 7,285.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
16 4 5,000.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
16 5 5,000.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
16 6 5,000.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
16 7 5,000.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
16 8 5,000.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
16 9 5,000.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
17 1 5,970.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
17 2 5,000.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
17 3 5,000.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
17 4 5,048.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
17 5 5,366.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
17 6 5,728.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
17 7 6,809.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
18 12 5,575.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
18 13 5,697.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
18 14 5,697.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
168
Exhibit B-Norton East Ranch Sub, Ph 5 .xlsx 1/31/2022/11:37 AM
18 15 5,697.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
18 16 5,697.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
18 17 5,697.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
18 18 7,530.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
5D 21 1 6,678.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
21 2 5,000.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
21 3 5,000.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
21 4 5,002.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
21 5 5,003.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
21 6 5,000.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
21 7 5,000.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
22 12 6,089.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
22 13 5,126.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
22 14 5,190.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
22 15 5,162.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
22 16 5,109.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
22 17 5,085.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
22 18 6,358.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
26 1 6,880.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
26 2 5,637.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
26 3 7,067.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
27 2 4,744.00 Norton Properties LLC 63020 NE Lower Meadow Dr, Ste 200, Bend, OR 97702
776,105.00
169
Memorandum
REPORT TO:City Commission
FROM:Bernie Massey, Assistant Treasurer
Laurae Clark, Treasurer
Anna Rosenberry, Assistant City Manager
SUBJECT:Resolution 5378 Intent to Create a Special Improvement Lighting District 770
for Annex of Bozeman
MEETING DATE:February 15, 2022
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Adopt Commission Resolution No. 5378, Intent to Create Special
Improvement Lighting District #770 for Annex of Bozeman
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: (1) The council of any city or town is authorized to:
(a) create special improvement districts embracing any street or streets or
public highway therein or portions thereof and property adjacent thereto or
property which may be declared by said council to be benefited by the
improvement to be made for the purpose of lighting such street or streets or
public highway;
(b) require that all or any portion of the cost of installing and maintaining
such lighting system be paid by the owners of the property embraced within
the boundaries of such districts; and
(c) assess and collect such portion of such cost by special assessment
against said property.
(2) The governing body may create special lighting districts on any street or
streets or public highway for the purpose of lighting them and assess the
costs for installation and maintenance to property abutting thereto and
collect the costs by special assessment against the property
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission
FISCAL EFFECTS:As a result of creating this lighting district, the City will pay the associated
power bills and schedule system maintenance. We will recover these costs
by billing property owners each year on their City Assessment bill. It is
estimated to cost $32.80 per acre within the district or $162.36 annually for
170
the entire district, or on an average size lot of 215,638 square feet the
annual estimated cost would be $162.36, which is payable semiannually
Attachments:
Resolution5378-Intent to Create SILD 770.docx
Schedule A.pdf
Exhibit B.pdf
Report compiled on: February 4, 2022
171
Page 1 of 10
RESOLUTION 5378
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO.
770 (ANNEX OF BOZEMAN)DECLARING IT TO BE THE INTENTION OF THE CITY
COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF MAINTAINING
LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS OF MAINTENANCE
AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF
SPECIAL ASSESSMENT.
BE IT RESOLVED by the City Commission (the “Commission”) of the City of
Bozeman (the “City”), Montana, as follows:
Section 1
Intention to Create District; Proposed Improvements.It is the intention of this
Commission to create and establish in the City under Montana Code Annotated, Title 7, Chapter
12, Part 43, as amended, a special improvement lighting district to serve Annex of Bozeman)(the
“District”) for the purpose of maintenance and energy costs.The district will pay the maintenance
and energy costs for one (1) Lumec by Signify RoadFocus small LED Cobra head 40 watt single
upsweep luminaire on round tapered steel poles,mounted at 25-30’per City of Bozeman standards;
and three (3) Lumec by Signify RoadFocus medium LED Cobra head 80 watt single upsweep
luminaire on round tapered steel poles, mounted at 40’ per City of Bozeman standards. The poles
will be K-KLAD over galvanized –Hunter Green. The initial monthly charge per fixture per month
(the “Monthly Charge”) is estimated as follows: $2.34 per 40 watt LED fixture, and $3.73 per 80
watt LED fixture or;$162.36 annually for all fixtures.
172
Resolution 5378, Intent to Create Lighting District 770
Page 2 of 10
Section 2
Number of District. The District, if the same shall be created and established, shall be known and
designated as Special Improvement Lighting District No. 770 (Annex of Bozeman) of the City of
Bozeman, Montana.
Section 3
Boundaries of District. The limits and boundaries of the District are depicted on a map attached as
Exhibit A hereto (which is hereby incorporated herein and made a part hereof), which boundaries
are designated and confirmed as the boundaries of the District. A listing of each of the properties
in the District is shown on Exhibit B hereto (which is hereby incorporated herein and made a part
hereof).
Section 4
Benefited Property. The District and territory included within the limits and boundaries described
in Section 3 and as shown on Exhibit A are hereby declared to
be the special lighting district and the territory which will benefit and be benefited by the
Improvements and will be assessed for the costs of the Improvements as described in Section 1.
The Improvements, in the opinion of this Commission, are of more than local and ordinary benefit.
The property included within said limits and boundaries is hereby declared to be the property
benefited by the Improvements.
Section 5
Assessment Methods. All properties within the District are to be assessed for a portion of the
maintenance and energy costs, as specified herein. The maintenance and energy costs shall be
assessed against the property in the District benefiting, based on the actual area method of
assessment described in Sections 7-12-4323, MCA, as particularly applied and set forth in this
Section 5.The annual maintenance and energy costsare estimated at $360.00, andshall be assessed
against each lot, tract or parcel of land in the District for that part of the costs that the area of such
lot, tract or parcel bears to the total area of all lots, tracts or parcels of land in the District, exclusive
173
Resolution 5378, Intent to Create Lighting District 770
Page 3 of 10
of streets, avenues and alleys. The total area of the District to be assessed is 4.95 acres, or 215,638
square feet, exclusive of parks and open space. The initial costs of the Improvements per acre
shall be $32.80 or $0.000753 per square foot annually.
Section 6
Payment of Assessments. Special assessments for the annual maintenance and energy costs are
estimated at $162.36, plus any increases, as may be permitted by the Public Service Commission,
and any additional authorized charges shall be levied each year against all properties in the District
and shall be payable in equal semiannual installments. The first year of special assessment billing
will include an additional amount not to exceed $500 for publication and mailing associated with
creation of the District which shall be assessed in the same manner as the Improvements resulting
in a cost not to exceed $133.81 per acre, or $0.003072 per square foot.
Section 7
Extraordinary Repair or Replacement. The maintenance and energy costs and assessments set
forth in Section 1 and 5 are based on normal conditions and do not cover charges for repair and/or
replacement. The City may make an additional charge to the District for costs of labor and actual
material costs for repairs and/or replacement of the fixtures for damage caused by third parties and
not paid by such third parties. The City will assess such costs and charges against the properties
in the District in the same manner as the other assessment is made.
Section 8
Discontinuation of District. If at any time after the initial term of the District a petition is presented
to the City Commission, signed by the owners or agents of more than three-fourths of the total
amount of property within the District, asking that the maintenance and operation of the special
lighting system and the furnishing of electrical current in the district be discontinued, or if a
majority of the City Commission votes to discontinue the District, the City Commission shall, by
resolution, provide for discontinuing the maintenance and operation of the lighting system. If the
Commission has, prior to the presentation of a petition or by a majority vote of the Commission to
174
Resolution 5378, Intent to Create Lighting District 770
Page 4 of 10
discontinue the District, entered into any contract for the maintenance and operation of the lighting
system, the maintenance and operation may not be discontinued until after the expiration of the
contract.
Section 9
Public Hearing; Protests. At any time within fifteen (15) days from and after the date of the first
publication of the notice of the passage and approval of this resolution, any owner of real property
within the District subject to assessment and taxation for the cost and expense of maintenance and
energy may make and file with the City Clerk until 5:00 p.m., M.T., on the expiration date of said
15-day period (03/07/2022) written protest against the proposed maintenance and energy costs, or
against the extension or creation of the District or both, and this Commission will at its next regular
meeting after the expiration of the fifteen (15) days in which such protests in writing can be made
and filed, proceed to hear all such protests so made and filed; which said regular meeting will be
held on March 22, 2022 at 6 pm in Bozeman City Hall, City Commission Room, 121 N Rouse
Ave.
Section 10
Notice of Passage of Resolution of Intention. The City Clerk is hereby authorized and directed to
publish or cause to be published a copy of a notice of the passage of this resolution in the Bozeman
Daily Chronicle, a newspaper of general circulation in the county on February 20, 2022 and
February 27, 2022, in the form and manner prescribed by law, and to mail or cause to be mailed a
copy of said notice to every person, firm, corporation, or the agent of such person, firm, or
corporation having real property within the District listed in his or her name upon the last
completed assessment roll for state, county, and school district taxes, at his last-known address, on
or before the same day such notice is first published.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 15th day of February, 2022.
___________________________________
CYNTHIA ANDRUS
175
Resolution 5378, Intent to Create Lighting District 770
Page 5 of 10
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
176
Resolution 5378, Intent to Create Lighting District 770
CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE
I, the undersigned, being the duly qualified and acting recording officer of the City of
Bozeman, Montana (the “City”), hereby certify that the attached resolution is a true copy of
Resolution No. 5378, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT
LIGHTING DISTRICT NO. 770 (ANNEX OF BOZEMAN) DECLARING IT TO BE THE
INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR THE
PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE
COSTS FOR MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED
PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT,(the “Resolution”), on file in the
original records of the City in my legal custody; that the Resolution was duly adopted by the City
Commission of the City of Bozeman at a meeting on February 15, 2022, and that the meeting was
duly held by the City Commission and was attended throughout by a quorum, pursuant to call and
notice of such meeting given as required by law; and that the Resolution has not as of the date
hereof been amended or repealed.
I further certify that, upon vote being taken on the Resolution at said meeting, the
following Commissioners voted in favor thereof: _____
____________________ ; voted against the same: ___________ ___ ; abstained
from voting thereon: ________________ ; or were absent: _______________ .
WITNESS my hand officially this 15
th day of February, 2022.
___________________________________
MIKE MAAS
City Clerk
177
Resolution 5378, Intent to Create Lighting District 770
NOTICE OF PASSAGE OF RESOLUTION OF INTENTION
TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 770
(ANNEX OF BOZEMAN)
CITY OF BOZEMAN, MONTANA
NOTICE IS HEREBY GIVEN that on February 15, 2022, the City Commission (the
“Commission”) of the City of Bozeman, Montana (the “City”), adopted a Resolution of Intention
No. 5378 to create Special Improvement Lighting District No. 770 (the “District”) for the purpose
of maintaining lighting and assessing the cost for maintenance and energy to ANNEX OF
BOZEMAN), and paying maintenance and energy costs relating thereto.
A complete copy of the Resolution of Intention (the “Resolution”) No. 5378 is on file
with the City Clerk which more specifically describes the nature of the costs, the boundaries and
the area included in the District, the location of the Improvements and other matters pertaining
thereto and further particulars. A list of properties in the District and the amount of the initial
assessment accompanies this notice. The Resolution and accompanying exhibits may be also
viewed on the City’s website at www.bozeman.net. The district will pay the maintenance and
energy costs for one (1) Lumec by Signify RoadFocus small LED Cobra head 40 watt single
upsweep luminaire on round tapered steel poles, mounted at 25-30’ per City of Bozeman standards;
and three (3) Lumec by Signify RoadFocus medium LED Cobra head 80 watt single upsweep
luminaire on round tapered steel poles, mounted at 40’ per City of Bozeman standards. The poles
will be K-KLAD over galvanized –Hunter Green. The initial monthly charge per fixture per month
(the “Monthly Charge”) is estimated as follows: $2.34 per 40 watt LED fixture, and $3.73 per 80
watt LED fixture or; $162.36 annually for all fixtures.
All properties in the District will be assessed for their proportionate share of the costs of
the Improvements on an “area basis” annually and will be payable in equal semiannual
installments. The annual costs of the Improvements at the initial Monthly Charge are $162.36
per yearfor the entire District. The total area of the District to be assessed is 4.95 acres, or 215,638
square feet, exclusive of parks and open space. The initial costs of the Improvements per acre
178
Resolution 5378, Intent to Create Lighting District 770
shall be $32.80, or $0.000753 per square foot. On an average size lot of 215,638 square feet the
annual estimated cost would be $162.36 which is payable semiannually. The annual assessments
for costs of the Improvements may be increased as approved by the Public Service Commission
and may be increased to cover extraordinary expenses of repair and maintenance. The first year
of special assessment billing will include an additional amount not to exceed $500 for publication
and mailing associated with creation of the District which shall be assess in the same manner as
the Improvements resulting in a cost not to exceed $133.81 per acre, or $0.003072 per square foot.
On Tuesday, February 15, 2022, at 6:00 p.m., in the Commission Room at City Hall
121 N Rouse Ave, Bozeman, Montana, the City Commission will conduct a public hearing to
hear and pass upon all written protests against the creation or extension of the District, or
the Improvements. Due to the City’s Declaration of Emergency for the Covid-19 Pandemic,
this meeting may be held online using Webex or other technology.
Written protests against the creation or extension of the District and the costs may be
filed by an agent, person, firm or corporation owning real property within the proposed District
whose property is liable to be assessed for the costs. Such protests must be delivered to the City
Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana not later than 5:00 p.m., M.T., on March
7, 2022.
Further information regarding the proposed District or other matters in respect thereof
may be obtained from the City Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana or by
telephone at (406) 582-2320.
DATED this 18th day of February, 2022.
Mike Maas
City Clerk
City of Bozeman
179
Resolution 5378, Intent to Create Lighting District 770
Legal Ad
Publication Dates:
Sunday, February 20, 2022
Sunday, February 27, 2022
180
Resolution 5378, Intent to Create Lighting District 770
RESOLUTION 5378
Resolution of Intent to create SILD No. 770 for the purpose of maintaining lighting and
assessing the cost for maintenance and energy to ANNEX OF BOZEMAN, and paying
maintenance and energy costs relating thereto.
AFFIDAVIT OF MAILING
STATE OF MONTANA )
: ss
County of Gallatin )
Mike Maas, City Clerk, being first duly sworn, says:
That I cause to be mailed first class the Notice in regards to the owners in Special
Improvement Lighting District No. 770, as listed in Exhibit "B", on Friday, February 18, 2022,
directed to the owners at the addresses shown on Exhibit "B".
______________________________
Mike Maas
City Clerk
Subscribed and sworn before me this 18
th day of February, 2022.
(Notarial Seal)
_______________________________
Printed Name____________________
Notary Public for the State of Montana
Residing at: see seal
My Commission expires: see seal
181
RoadFocus Medium - LEDCobra Head; 3000K; Type IIDistribution; Field AdjustableWattage Selector Included;182
2/4/2022R:\Treasury\Assessments\Lighting_Districts\Annex of Bozeman\Exhibit B.xlsx 1 OF 1
Exhibit B
Lot Location ID Assessed Sqft Owner Name Owner Address City State Zip
1A 215,638 Bozeman Owner LLC 408 Massachusette Ave Ste 300 Indianapolis IN 46204
Total Sqft 215,638
Address
The Annex of Bozeman
Lighting District #770
Amended Plat of Lot 1 and Lot 6 Block 1 Correction Plat of Kay Crossroads Subdivision
FY 22
183
Memorandum
REPORT TO:City Commission
FROM:Jennifer A. Giuttari, Assistant City Attorney
Greg Sullivan, City Attorney
Anna Rosenberry, Assistant City Manager
SUBJECT:Ordinance 2098 Final Adoption of an Update to the Department Titles of
Administrative Services and Public Works to Reflect the City's Current
Department Titles, and Creating the Departments of Economic Development
and Strategic Services
MEETING DATE:February 15, 2022
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION:I move to adopt Ordinance 2098: Updating the Department Titles of
Administrative Services and Public Works to Reflect the City's Current
Department Titles, and Creating the Departments of Economic Development
and Strategic Services.
STRATEGIC PLAN:7.1 Values-Driven Culture: Promote a values-driven organizational culture
that reinforces ethical behavior, exercises transparency and maintains the
community’s trust.
BACKGROUND:Ordinance 2098 revises the entire Bozeman Municipal Code so that it
properly reflects the City's current department title for the department of
finance. Additionally, this Ordinance revises the Bozeman Municipal Code to
split the current Department of Public Works into two new departments -
the Department of Transportation and Engineering, and the Department of
Utilities. This Ordinance also recognizes the retroactive creation of the
Departments of Economic Development, and Strategic Services.
On February 1, 2022, after consideration of the staff presentation and the
materials submitted in support, the City Commission voted unanimously to
provisionally adopt Ordinance 2098.
UNRESOLVED ISSUES:N/A
ALTERNATIVES:N/A
FISCAL EFFECTS:N/A
Attachments:
220120 Ord. 2098 - final.pdf
184
220120 Ord. 2098 Exhibit A Finance - final.pdf
220120 Ord. 2098 Exhibit B Trans.-Eng. - final.pdf
220120 Ord. 2098 Exhibit C Utiliites - final.pdf
Report compiled on: January 14, 2022
185
Ord 2098
Page 1 of 7
ORDINANCE 2098
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA UPDATING THE DEPARTMENT TITLES OF ADMINISTRATIVE
SERVICES AND PUBLIC WORKS TO REFLECT THE CITY'S CURRENT
DEPARTMENT TITLES, AND ESTABLISHING THE DEPARTMENTS OF ECONOMIC
DEVELOPMENT AND STRATEGIC SERVICES.
WHEREAS, the City Charter vests in the City Commission all powers of the city, and
mandates the City Commission, by ordinance, to establish, alter or abolish any city department.
WHEREAS, the City of Bozeman department of administration was previously renamed,
and the name currently assigned to the department shall now be reflected in the Bozeman
Municipal Code as department of finance; and
WHEREAS, the City of Bozeman City Manager wishes to divide the department of public
works into two new department titles so as to better reflect the specialties and work load of each
department, thereby retiring the department and director title “public works”; and
WHEREAS, the City of Bozeman City Manager wishes to create a newly named
department of transportation and engineering, which is administered by the director of
transportation and engineering; and
WHEREAS, the City of Bozeman City Manager wishes to create a newly named
department of utilities, which is administered by the director of utilities; and
WHEREAS, the City of Bozeman City Manager previously created the department of
economic development, administered by the director of economic development, and Bozeman
Municipal Code shall now reflect such a department; and
WHEREAS, the City of Bozeman City Manager previously created the department of
strategic services, administered by the director of strategic services, and the Bozeman Municipal
Code shall now reflect such a department.
186
Ordinance No. 2098, An Ordinance Updating City Dept. Titles
Page 2 of 7
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
Bozeman Municipal Code. Section 2.04.010 shall be amended as follows:
Sec. 2.04.010. Administrative departments established.
A. The following administrative departments of the city are established:
1. Department of financeadministrative services;
2. Department of fire;
3. Department of human resources;
4. Department of information technology;
5. Department of law;
6. Department of parks and recreation;
7. Department of community development;
8. Department of police; and
9. Department of public works Transportation and Engineering;
10. Department of Utilities;
11. Department of Economic Development; and
12. Department of Strategic Services.
B. The commission may by ordinance establish, alter, or abolish city departments, officers, or
agencies and may prescribe the functions of all departments, offices and agencies. The city
manager may, by administrative order, transfer or add functions to the departments, to
include organizing or reorganizing all divisions thereunder.
Section 2
Division 2 of the Bozeman Municipal Code shall be amended as follows:
DIVISION 2. – DEPARTMENT OF ADMINISTRATIVE SERVICES FINANCE
Section 3
All references throughout the Bozeman Municipal Code to the department of
administrative services shall be replaced with the department of finance, as indicated in Exhibit A
187
Ordinance No. 2098, An Ordinance Updating City Dept. Titles
Page 3 of 7
to this Ordinance. Exhibit A shall not be codified and is attached to this Ordinance solely for
legislative purposes.
Section 4
All references throughout the Bozeman Municipal Code to the director of administrative
services shall be replaced with the director of finance, as indicated in Exhibit A to this Ordinance.
Exhibit A shall not be codified and is attached to this Ordinance solely for legislative purposes.
Section 5
That Division 10 of the Bozeman Municipal Code shall be amended as follows:
DIVISION 10. - DEPARTMENT OF PUBLIC WORKS TRANSPORTATION AND
ENGINEERING
Section 6
Bozeman Municipal Code. Section 2.04.1350 shall be amended as follows:
Sec. 2.04.1350. Director designated; powers and duties.
The director of transportation and engineering public works shall be the head of the
department of transportation and engineering public works and shall work under the supervision
and control of the city manager in all matters. The director shall discharge all of the duties
prescribed by law for that officer, and as such shall manage and have charge of the construction,
improvements, repair and maintenance of streets, sidewalks, alleys, lanes, bridges, viaducts and
other public highways, and of all sewers and sewerage disposal plants, drains, ditches, culverts,
canals, streams and watercourses. The director shall manage and have charge of the waterworks
system owned by the city, and improvements thereon, and shall have charge of the enforcement
of all obligations of privately owned or operated public utilities enforceable by the city. The
director of transportation and engineering shall have charge and supervision of the making and
preservation of all surveys, maps, plans, drawings and estimates for public work; and charge of
the cleaning, sprinkling and lighting of streets and public places; and of the collection and
disposal of waste; and charge and supervision of the preservation of papers, plans, tools and
appliances belonging to the city and pertaining to the department of transportation and
engineering public works. The director shall receive such salary as may be fixed by the city
manager.
Section 7
All references throughout the Bozeman Municipal Code to the department of public
works, shall be replaced with the department of transportation and engineering, as indicated in
188
Ordinance No. 2098, An Ordinance Updating City Dept. Titles
Page 4 of 7
Exhibit B to this Ordinance. Exhibit B shall not be codified and is attached to this Ordinance
solely for legislative purposes.
Section 8
All references throughout the Bozeman Municipal Code to the director of public works
shall be replaced with the director transportation and engineering, as indicated in Exhibit B to
this Ordinance. Exhibit B shall not be codified and is attached to this Ordinance solely for
legislative purposes.
Section 9
Article 4 of the Bozeman Municipal Code shall be amended to include the following new
Division:
DIVISION 11.- DEPARTMENT OF UTILITIES.
Section 10
Article 4, Division 11 of the Bozeman Municipal Code shall be codified to include the
following new Section:
Sec. 2.04.1380. Sewer connection requirements; director designated; powers and duties.
The director of utilities shall manage and have charge of the waterworks system owned by
the city, and improvements thereon, and shall have charge of the enforcement of all obligations
of privately owned or operated public utilities enforceable by the city. The director shall receive
such salary as may be fixed by the city manager. The director of utilities shall have authority to
compel the making of sewer connections whenever, in view of a contemplated street
improvement which has been ordered by the commission, or as a sanitary regulation, a sewer
connection should in the director's judgment be constructed. The director shall cause written
notice requiring such construction to be given to the owner of each lot or parcel of land for which
such connection is to be made. Such notice shall be served by the director of utilities or some
person designated by the director in the manner provided for the service of summons in civil
actions. Nonresidents of the city, or persons who cannot be found, may be served by one
publication of such notice in a daily newspaper of general circulation in the city. It shall state the
time within which such connections shall be constructed, and if they are not constructed within
the time specified, they may be constructed by the city and the cost thereof, together with a
penalty of five percent, assessed against the lots and lands for which such connections are made.
Such assessments shall be certified and collected as other assessments for street improvements.
Section 11
189
Ordinance No. 2098, An Ordinance Updating City Dept. Titles
Page 5 of 7
All references throughout the Bozeman Municipal Code to the department of public
works, shall be replaced with the department of utilities, as indicated in Exhibit C to this
Ordinance. Exhibit C shall not be codified and is attached to this Ordinance solely for legislative
purposes.
Section 12
All references throughout the Bozeman Municipal Code to the director of public works
shall be replaced with the director utilities, as indicated in Exhibit C to this Ordinance. Exhibit C
shall not be codified and is attached to this Ordinance solely for legislative purposes.
Section 13
That Article 4 of the Bozeman Municipal Code shall be amended to include the following
new Division:
DIVISION 12.- DEPARTMENT OF ECONOMIC DEVELOPMENT (RESERVED).
Section 14
That Article 4 of the Bozeman Municipal Code shall be amended to include the following
new Division:
DIVISION 13.- DEPARTMENT OF STRATEGIC SERVICES (RESERVED).
Section 15
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 16
Savings Provision.
190
Ordinance No. 2098, An Ordinance Updating City Dept. Titles
Page 6 of 7
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 17
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 18
Codification.
Sections 10 through 15 of this Ordinance shall be codified and included as new divisions,
as written above, in Chapter 2, Article 4 of the Bozeman Municipal Code, which is currently
entitled Administration: Departments. Bozeman Municipal Code shall be amended to include new
Sec. 2.04.1380, as set forth in Section 11 of this Ordinance.
Section 19
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 _____ day of ________________, 20__.
____________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
____________________________________
191
Ordinance No. 2098, An Ordinance Updating City Dept. Titles
Page 7 of 7
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
____________________, 20__. The effective date of this ordinance is __________, __, 20__.
________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
192
Ord. 2098
Exhibit A: Administrative Services/Finance
NOT FOR CODIFICATION – FOR LEGISLATIVE PURPOSES ONLY
page 1 of 4
BOZEMAN MUNICIPAL CODE
SECTION
CURRENT
LANGUAGE
REPLACEMENT
LANGUAGE
Sec. 2.03.550. Financial disclosure
statement.
administrative services finance
Sec. 2.04.150. Director of
administrative services; appointment;
powers and duties.
administrative services finance
Sec. 2.04.160. City manager duties. administrative services finance
Sec. 2.05.200. Board; donations. administrative services finance
Sec. 2.05.210. Recreation fees. administrative services finance
Sec. 2.05.1790. Annual reports. administrative services finance
Sec. 2.05.1970. Bozeman Downtown
Business Improvement District Board.
administrative services finance
Sec. 2.06.580. Monthly settlement and
collection from county treasurer.
administrative services finance
Sec. 2.06.590. Annual tax reports to
commission; contents.
administrative services finance
Sec. 2.06.600. Special assessments—
Collection procedure.
administrative services finance
Sec. 2.06.610. Same—Procedure for
levy.
administrative services finance
Sec. 2.06.630. Same—Form of notice
and receipt.
administrative services finance
Sec. 2.06.640. Same—Notice of payment
deadlines and delinquency conditions.
administrative services finance
Sec. 2.06.650. Same—Delinquency
report.
administrative services finance
Sec. 2.06.670. Same—Certificates to
county clerk and county treasurer.
administrative services finance
Sec. 2.06.680. Same—Notice
publication required.
administrative services finance
Sec. 2.06.690. Same—Payment
procedure.
administrative services finance
Sec. 2.06.700. Delinquent tax sales;
director of administrative services
authority and duties.
administrative services finance
Sec. 2.06.710. Reinstating special
assessments.
administrative services finance
193
Ord. 2098
Exhibit A: Administrative Services/Finance
NOT FOR CODIFICATION – FOR LEGISLATIVE PURPOSES ONLY
page 2 of 4
Sec. 2.04.150. Director of
administrative services; appointment;
powers and duties.
administrative services finance
Sec. 2.04.160. City manager duties. administrative services finance
Sec. 2.05.200. Board; donations. administrative services finance
Sec. 2.05.210. Recreation fees. administrative services finance
Sec. 2.05.1790. Annual reports. administrative services finance
Sec. 2.05.1970. Bozeman Downtown
Business Improvement District Board.
administrative services finance
Sec. 2.06.580. Monthly settlement and
collection from county treasurer.
administrative services finance
Sec. 2.06.590. Annual tax reports to
commission; contents.
administrative services finance
Sec. 2.06.600. Special assessments—
Collection procedure.
administrative services finance
Sec. 2.06.610. Same—Procedure for
levy.
administrative services finance
Sec. 2.06.630. Same—Form of notice
and receipt.
administrative services finance
Sec. 2.06.640. Same—Notice of payment
deadlines and delinquency conditions.
administrative services finance
Sec. 2.06.650. Same—Delinquency
report.
administrative services finance
Sec. 2.06.670. Same—Certificates to
county clerk and county treasurer.
administrative services finance
Sec. 2.06.680. Same—Notice
publication required.
administrative services finance
Sec. 2.06.690. Same—Payment
procedure.
administrative services finance
Sec. 2.06.700. Delinquent tax sales;
director of administrative services
authority and duties.
administrative services finance
Sec. 2.06.710. Reinstating special
assessments.
administrative services finance
Sec. 2.06.720. Special improvement
districts; annual reports.
administrative services finance
Sec. 2.06.1690. Credits against
development impact fees.
administrative services finance
Sec. 2.06.1890. Proof of wages and
benefits and other requirements.
administrative services finance
Sec. 4.04.050. Exceptions to section
4.04.030.
administrative services finance
194
Ord. 2098
Exhibit A: Administrative Services/Finance
NOT FOR CODIFICATION – FOR LEGISLATIVE PURPOSES ONLY
page 3 of 4
Sec. 8.02.020. Dog and cat licenses—
Requirements generally; fee;
expiration.
administrative services finance
Sec. 8.02.180. Enforcement for
violations; liability of owner; permit
transfers.
administrative services finance
Sec. 12.02.080. Transfer of license. administrative services finance
Sec. 12.02.240. Compliance regarding
violations.
administrative services finance
Sec. 14.01.040. Sale of lots. administrative services finance
Sec. 14.01.050. Transfer of lots. administrative services finance
Sec. 14.01.060. Record of lots sold. administrative services finance
Sec. 14.01.080. Interment permit
required.
administrative services finance
Sec. 14.01.090. Disinterment. administrative services finance
Sec. 14.01.110. Expenditures; payment
of claims.
administrative services finance
Sec. 14.01.130. Same—Fund
established; maintenance fee;
agreement and deposit conditions.
administrative services finance
Sec. 14.01.140. Same—Form of
agreement.
administrative services finance
Sec. 14.01.150. Same—Fund
recordkeeping and reports.
administrative services finance
Sec. 16.02.110. Abatement by city. administrative services finance
Sec. 16.02.120. Notice of assessment—
Appeal of charges.
administrative services finance
Sec. 16.08.160. License; application;
fee; change; confidentiality.
administrative services finance
Sec. 34.04.030. Fees; payments and
deposit.
administrative services finance
Sec. 34.04.060. Construction ordered by
city; warrant for payment of costs.
administrative services finance
Sec. 34.05.160. Suspension or
revocation of exclusive uses of public
right-of-way.
administrative services finance
Sec. 40.02.710. Application; existing
service; requirements.
administrative services
office
finance department
Sec. 40.03.680. Application and other
service conditions.
administrative services
office
finance department
195
Ord. 2098
Exhibit A: Administrative Services/Finance
NOT FOR CODIFICATION – FOR LEGISLATIVE PURPOSES ONLY
page 4 of 4
Sec. 40.03.1620. Sewer
connections;deferred payments
authorized when.
administrative services finance
196
Ord. 2098
Exhibit B: Transportation & Engineering
NOT FOR CODIFICATION – FOR LEGISLATIVE PURPOSES ONLY
page 1 of 6
BOZEMAN MUNICIPAL
CODE SECTION
CURRENT LANGUAGE REPLACEMENT
LANGUAGE
Sec. 2.04.1370. Engineer and
other department personnel.
public works
public service
transportation and
engineering
transportation and
engineering
Sec. 2.06.1630. Definitions.
director of public service director of transportation and
engineering
Sec. 2.06.1660. Water impact
fees.
public service transportation and
engineering
Sec. 10.03.110. Same—
Issuance restrictions and
moving conditions.
public works transportation and
engineering
Sec. 16.06.070. Exceptions. public service transportation and
engineering
Sec. 28.03.050. Permitted
locations.
public works transportation and
engineering
Sec. 32.02.010. Definitions.
public works transportation and
engineering
Sec. 32.02.020. City collection
of solid waste.
public works transportation and
engineering
Sec. 32.02.030. Collection and
disposal by city; exemptions;
article provisions not
exclusive.
public works transportation and
engineering
Sec.
32.02.050. Administration;
rules and regulations.
public works transportation and
engineering
Sec. 32.02.110. Violation;
penalty.
public works transportation and
engineering
Sec. 34.02.030. Work in
streets; permit required;
interfering with authorized
work prohibited.
public works transportation and
engineering
Sec. 34.02.040. Obstructing
or encumbering streets;
permit required.
public works transportation and
engineering
Sec. 34.02.050. Structures in
streets; permit required.
public works transportation and
engineering
Sec. 34.02.060. Obstructions;
warning signals required.
public works transportation and
engineering
197
Ord. 2098
Exhibit B: Transportation & Engineering
NOT FOR CODIFICATION – FOR LEGISLATIVE PURPOSES ONLY
page 2 of 6
Sec. 34.02.070. Removal of
litter or obstructions; notice;
work performed by city
when; costs.
public works transportation and
engineering
Sec. 34.02.080. Removal of
obstructions; time limit;
interfering when work
performed by city prohibited.
public works transportation and
engineering
Sec. 34.02.090. Violations;
penalties.
public works transportation and
engineering
Sec. 34.04.020. Repair of
sidewalks by abutting
owners; failure to repair.
public works transportation and
engineering
Sec. 34.05.020. Definitions. public works transportation and
engineering
Sec.
34.05.100. Encroachments
permitted under this article;
additional standards.
public works transportation and
engineering
Sec. 34.05.110. Notification of
name or address change.
public works transportation and
engineering
Sec. 34.05.130. Special event
or temporary permits.
public works transportation and
engineering
Sec. 34.05.140. Fees. public works transportation and
engineering
Sec. 34.05.150. Suspension
and revocation of permits for
non-substantial
encroachments.
public works transportation and
engineering
Sec. 34.05.160. Suspension or
revocation of exclusive uses of
public right-of-way.
public works transportation and
engineering
Sec. 34.06.010. Definitions. public works transportation and
engineering
Sec. 34.06.020. Snow and ice
to be removed from
sidewalks.
public works transportation and
engineering
Sec. 34.06.050. Appeals. public works transportation and
engineering
Sec. 34.08.200. Notice to city
and other officials.
public works transportation and
engineering
198
Ord. 2098
Exhibit B: Transportation & Engineering
NOT FOR CODIFICATION – FOR LEGISLATIVE PURPOSES ONLY
page 3 of 6
Sec. 36.01.020. Definitions. public works transportation and
engineering
Sec. 36.01.060. Emergency
and experimental regulations
authorized when.
public works transportation and
engineering
Sec. 36.02.030. Violation of
chapter; penalty.
public works transportation and
engineering
Sec. 36.03.020. Horns and
warning devices required.
public works transportation and
engineering
Sec. 36.03.050. Size and
weight of vehicles, trailers,
loads and tires; state
regulations applicable.
public works transportation and
engineering
Sec. 36.03.490. Turning
markers; placement
authorized; driver obedience
required.
public works transportation and
engineering
Sec. 36.03.500. Restricted
right, left or U-turns; signs
authorized.
public works transportation and
engineering
Sec. 36.04.030. Locations
where prohibited.
public works transportation and
engineering
Sec. 36.04.040. Prohibited
near hazardous or congested
areas.
public works transportation and
engineering
Sec. 36.04.060. Standing or
parking—One-way streets.
public works transportation and
engineering
Sec. 36.04.070. Same—One-
way roadways.
public works transportation and
engineering
Sec. 36.04.080. Additional or
temporary parking
regulations.
public works transportation and
engineering
Sec. 36.04.090. Parking signs
required.
public works transportation and
engineering
Sec. 36.04.100. Angle
parking.
public works transportation and
engineering
Sec. 36.04.130. Private
parking signs prohibited
without permit.
public works transportation and
engineering
Sec. 36.04.150. Narrow street
parking restrictions.
public works transportation and
engineering
Sec. 36.04.170. Parking
restrictions near schools.
public works transportation and
engineering
199
Ord. 2098
Exhibit B: Transportation & Engineering
NOT FOR CODIFICATION – FOR LEGISLATIVE PURPOSES ONLY
page 4 of 6
Sec. 36.04.190. Special needs
bus loading/unloading zones;
establishment; parking
restrictions.
public works transportation and
engineering
Sec. 36.04.200. Tow-away
zones; establishment; parking
restrictions.
public works transportation and
engineering
Sec. 36.04.240. Large
vehicles; parking restrictions.
public works transportation and
engineering
Sec. 36.04.280. Loading
zones.
public works transportation and
engineering
Sec. 36.04.290. Loading and
unloading; backing into curb
permitted when.
public works transportation and
engineering
Sec. 36.04.310. Bus stops and
taxi stands.
public works transportation and
engineering
Sec. 36.04.360. Montana State
University Residential On-
Street Parking Permit
Regulation Program.
public works transportation and
engineering
Sec. 36.04.365. Bozeman
Senior High School
Residential On-Street
Parking Permit Regulation
Program.
public works transportation and
engineering
Sec. 36.05.010. Installation;
director of public works
authority.
public works transportation and
engineering
Sec. 36.05.070. Traffic lanes,
crosswalks, and safety zones;
when designation authorized.
public works transportation and
engineering
Sec. 36.06.010. Designation;
sign placement; traffic
movement restricted.
public works transportation and
engineering
Sec. 36.07.010. General rule. public works transportation and
engineering
Sec. 36.08.010. Determination
and designation.
public works transportation and
engineering
Sec. 36.08.020. Intersections
with arterial and through
streets.
public works transportation and
engineering
Sec. 36.09.050. Routes
established.
public works transportation and
engineering
200
Ord. 2098
Exhibit B: Transportation & Engineering
NOT FOR CODIFICATION – FOR LEGISLATIVE PURPOSES ONLY
page 5 of 6
Sec. 40.02.1100. Rules and
regulations adopted; part of
contract with customer.
public works transportation and
engineering
Sec. 40.06.010. Adoption of
the Montana Public Works
Standard Specifications.
director of public works
director of public service
director of transportation and
engineering
director of transportation and
engineering
Sec. 40.06.020. Adoption of
City of Bozeman
Modifications to the Montana
Public Works Standard
Specifications.
public service transportation and
engineering
Sec. 40.06.030. Adoption of
the city design standards and
specifications policy.
public service transportation and
engineering
Sec. 40.06.040. Amendment
of the city modifications to
the MPWWS and city design
standards and specifications
policy.
public service transportation and
engineering
201
Ord. 2098
Exhibit C: Utilities
NOT FOR CODIFICATION – FOR LEGISLATIVE PURPOSES ONLY
page 1 of 2
BOZEMAN MUNICIPAL
CODE SECTION
CURRENT LANGUAGE REPLACEMENT
LANGUAGE
Sec. 40.02.150. Interfering
with or polluting water
supply prohibited.
public works utilities
Sec. 40.02.350. Waiver of
regulations; conditions.
public works utilities
Sec. 40.02.1100. Rules and
regulations adopted; part of
contract with customer.
public works utilities
Sec. 40.02.1270. Authority to
restrict outdoor use of water.
public works utilities
Sec. 40.02.1290. Sprinkling
systems; timing.
public works utilities
Sec.40.02.1300. Landscaping;
seeding; sodding; planting.
public works utilities
Sec. 40.02.1310. Notice
required.
public works utilities
Sec. 40.02.1330. Exception to
maintain sanitation.
public works utilities
Sec. 40.03.330. Waiver of
regulations; conditions.
public works utilities
Sec. 40.03.910. Definitions. public works utilities
Sec. 40.03.930. Discharge
prohibitions.
public works utilities
Sec. 40.03.1115. Local limits. public works utilities
Sec. 40.03.1150. Sampling,
analysis and inspection.
public works utilities
Sec. 40.03.1160. Reporting
and compliance
requirements.
public works utilities
Sec. 40.03.1240. Notification
of violation.
public works utilities
Sec. 40.03.1250. Consent
orders.
public works utilities
Sec. 40.03.1260. Show cause
hearing.
public works utilities
Sec. 40.03.1270. Compliance
orders.
public works utilities
Sec. 40.03.1280. Cease and
desist orders.
public works utilities
202
Ord. 2098
Exhibit C: Utilities
NOT FOR CODIFICATION – FOR LEGISLATIVE PURPOSES ONLY
page 2 of 2
Sec.
40.03.1290. Administrative
fines.
public works utilities
Sec. 40.03.1620. Sewer
connections;deferred
payments authorized when.
public service utilities
Sec. 40.04.070. Definitions. public works utilities
203
Memorandum
REPORT TO:City Commission
FROM:Jeff Mihelich, City Manager
Jim Veltkamp, Chief of Police
Cassandra Tozer, Human Resources Director
Melody Mileur, Communications and Engagement Manager
Dani Hess, Community Engagement Coordinator
SUBJECT:Sixth Quarterly Report on Bozeman as an Inclusive City
MEETING DATE:February 15, 2022
AGENDA ITEM TYPE:Plan/Report/Study
RECOMMENDATION:None
STRATEGIC PLAN:3.3 Friendly Community: Ensure Bozeman continues to welcome diversity
through policies and public awareness.
BACKGROUND:On July 22, 2020 the City Commission was presented with the “Bozeman as
an Inclusive City Review of Policies.” This internal review presented 24
actions items describing how the City could continue to strive toward a more
equitable and inclusive organization and community. As a part of the report
City staff will be providing the City Commission with quarterly updates on
the progress made on the actions outlined in the report. This is the sixth
quarterly report on this topic to come before the Commission.
The report includes detailed updates on completed and in progress/ongoing
actions as well as a timeline and budget for each action in the report. To
view previous quarterly reports visit the City’s website
www.bozeman.net/equityandinclusion
Some key highlights from the report include:
An updated training schedule for all city staff, supervisors, and elected
officials to receive a series of workshops on equity and inclusion.
The City's recently adopted Paid Parental Leave policy
Recent data on the diversity of the City's Citizen Advisory Boards
UNRESOLVED ISSUES:None
ALTERNATIVES:None
FISCAL EFFECTS:None
204
Attachments:
FINAL Inclusive City Report February 2022.pdf
Report compiled on: February 3, 2022
205
1
FEBRUARY 15, 2022
City of Bozeman
Inclusive City Project Team
Inclusive City
Quarterly Report
February 2022
206
2
City Manager Update
In July of 2020, staff came before the City Commission with the Inclusive City report. This internal report has 24
actions describing how we can continue to strive towards a more equitable and inclusive organization and
community.
This is the City’s sixth quarterly report. We continue to remain dedicated to this work and I’m proud of the
progress we are seeing across our organization. 17 of the 24 actions are now complete or in progress and work
continues to move forward. As we begin the next steps to develop an equity and inclusion plan we know that
more actions are to come.
To view all previous reports visit our website at www.bozeman.net/equityandinclusion. This report includes a
list of completed actions along with updates on newly completed items, updates on actions that are in
progress, and a detailed timeline and associated budget for all actions. Words matter in this work, and it’s
important to point out that many of these items may never be “complete” but will be “ongoing” efforts that
the City is dedicated to incorporating as a part of routine work.
Over the last three months several of our biggest projects have gained momentum and we are seeing great
progress. I’m excited to say that we are finalizing a new contract for our training program and expect to roll out
a foundational diversity, equity and inclusion training to all city staff at the end of March. While our first
training is encouraged for every city employee, we will also sponsor a series of additional trainings over the
course of several months to allow elected officials, supervisors, our Inclusive City team, and any other
interested staff the opportunity to build on their knowledge.
To kick off 2022 the City officially signed into effect its first ever Paid Parental Leave policy! The policy offers
eight weeks of paid parental leave to eligible city employees in the event that they (or their partner or spouse)
experience a birth or adoption. This policy recognizes the importance of bonding or caring for a new child, and
supports parents financially during an exciting time in their lives.
Lastly, the City Commission recently underwent a long process to consolidate the City’s Citizen Advisory Boards
and while doing so also focused on diversity, equity and inclusion in the new boards. At the direction of the
Commission staff conducted a voluntary demographic survey of the existing board members, and then the
same survey of the new board members once consolidation was complete. Though there is much more
progress to be made, it is exciting to see that in most of the categories we now have a more diverse mix of
people on our boards.
In the simplest terms, our goal is to ensure that every resident, visitor, and City of
Bozeman employee feels welcomed and valued, and can thrive no matter their race,
identity, or life circumstance. – Jeff Mihelich
207
3
Completed Actions
For further detail on completed actions please review previous reports on
our website at www.bozeman.net/equityandinclusion
City Manager Recommendations
1. Provide a quarterly progress report to the City Commission and interested
stakeholders
The next report will be delivered in May 2022.
4. Sponsor a Diversity, Equity and Inclusion Summit with community partners such as
Montana State University, HRDC, and Montana Racial Equity Project
The Community Roundtable on Equity & Inclusion was hosted in partnership with the Montana State University
Office of Diversity & Inclusion, Montana Racial Equity Project, Bozeman School District, and Bozeman Health.
The 2.5 hour virtual event took place on Monday, October 25th and was attended by over 120 community
members and leaders of organizations addressing our community’s most pressing needs. The planning
committee took steps to create a welcoming and inclusive space by co-creating and delivering a land
acknowledgement, establishing group agreements for participation in discussion, and providing language
access for Spanish speakers through live interpretation, and accommodating the needs of people with low or
no vision or hearing.
The event covered the data with a presentation of equity indicators, made space for the voices of three local
storytellers who shared their lived experiences, and sparked discussion among attendees about how we can all
contribute to closing the gaps in our community. Out of these facilitated discussions, we gathered input,
listened to people’s experiences, and exchanged contact information. We are excited to maintain momentum,
strengthen existing relationships, and build new ones as we take the next steps together.
The event closed by asking participants to commit to taking action in their organizations or personal lives
through continued learning about inequity and injustice, contributing to the work being done by local
organizations to correct inequities, and participate in the City of Bozeman’s upcoming efforts to develop a
Diversity, Equity & Inclusion plan. Participants were directed to the city’s website to stay informed and engaged
as we lay the groundwork for a Diversity, Equity & Inclusion plan in the coming year.
6. Become a member of the Government Alliance on Race and Equity (GARE)
The City of Bozeman was accepted into GARE in November 2020. Bozeman is now the first organization from
Montana to be a part of GARE! As a part of the City’s membership there are opportunities to learn from leaders
in the space as well as share successes. Several staff have already completed the GARE Foundations training
course “Advancing Racial Equity: The Role of Government” and are utilizing the network to ensure the City’s
actions are in line with best practices.
208
4
Diversity, Inclusion and interaction with Minorities – Bozeman
Police Department
2. Augment existing policies and update to “Bias-free Policing”
The Bozeman Police Department has reviewed its existing policies against the model policy of “Bias-Free
Policing” and updated the department’s existing policies where necessary to be in line with this national best
practice (See Appendix A.) The final policy has now replaced the prior policy and staff have completed a
training program which highlighted the changes and the key points.
Use of Force – Bozeman Police Department
1. Policy Changes
The Bozeman Police Department has made revisions to the current policy which includes providing additional
policy direction concerning de-escalation and use of force. The goal of the updates is to address community
concerns and provide clarity for officers. As a result, a new and updated “Use of Force” policy (see Appendix B)
has been finalized and approved. The updated policy has been implemented and staff have completed a
training program to familiarize them with the changes.
Citizen Appeal Process – Bozeman Police Department
1. Create a stand-alone citizen complaint policy.
As of this quarter (Spring 2022), the “complaint form” that will begin each complaint process has been finalized
and is now available on the Bozeman Police Department website. The overall citizen complaint policy has now
also been completed and will be included when the Police Department begins publically publishing all policies.
2. Clearly distinguish inquiries from complaints
After distinguishing inquiries from complaints, Bozeman Police Department staff began the lengthy process of
formulating workflow stemming from each category, which has now also been completed. The workflow clearly
separates and defines “inquiries,” “minor complaints,” and “major complaints.” After that, it distinguishes
which major complaints will require an administrative investigation and which will require an external
investigation.
209
5
In Progress Actions
City Manager Recommendations
2. Identify anti-discrimination, implicit bias and systemic racism training for elected
officials and department heads.
In September 2021 the Bozeman City commission along with Directors and City Management participated in a
four hour foundational diversity, equity and inclusion training through The Equity Project.
Due to timing and mobilization challenges with our partners at the National League of Cities Race, Equity and
Leadership (REAL) program, the City has made the decision to switch to a new partner to administer a training
program. The Equity Project will now take over to deliver a series of four workshops, intended to build on
foundational training. Workshop 1 - Foundations of Equity, Diversity, and Inclusion will roll out to all city staff,
including elected officials and department heads, at the end of March 2022. It is very important that everyone
in our organization, regardless of position, has the opportunity to experience this base-line training.
Workshops 2 – 4 which will build on the basic foundations will be offered to all elected officials, directors and
supervisors, Inclusive City team members, and any additional staff wishing to grow their understanding of
diversity, equity and inclusion. The workshops will continue through Summer 2022.
A contract with The Equity Project is expected to be finalized at the beginning of March 2022.
5. Accelerate the implementation of body worn cameras for the Bozeman Police
Department.
During this quarter, a contract was finalized with the chosen vendor, Getac Video Solutions. Problem-solving
continued with a test patrol car video system installed in one of the patrol cars and work began on installation
of the interview room video systems in the Bozeman Public Safety Center. Although installation of the patrol
car video systems in the entire fleet was delayed due to technical issues, we anticipate completing installation
within the next quarter. During this quarter, we also formulated a team and began putting together a
community engagement plan regarding body worn cameras, anticipating implementation later this year.
Community engagement efforts are expected to occur this spring from March – May.
3. Develop a City Equity and Inclusion Plan to engage stakeholders and identify gaps
community wide and to implement policies that help all persons in Bozeman thrive
regardless of economic, racial, cultural, or gender identity.
Community engagement, data collection, and analysis produced the Equity Indicators Report and data sharing
agreements with local organizations to identify and measure disparities in our community based on race,
ethnicity, age, gender, sexual orientation, and socioeconomic circumstances. These equity indicators will guide
the development of an Equity & Inclusion Plan to close gaps and address disparities through concrete actions
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we can take within the City of Bozeman as an organization and in coordination with community partners. A
dashboard to communicate and update equity indicators will follow the launch of the Climate Plan dashboard
being finalized this Spring.
We are currently building a diverse team of staff across City departments and at all levels of leadership to guide
and conduct the planning process. We will engage with external experts, partner organizations, and local
community groups throughout the process and anticipate completing the Equity and Inclusion plan in Spring of
2023.
Anti-discrimination
1. Implement additional training for all city staff.
As mentioned above under City Manager’s Recommendation Action 2, the City has defined a training program
with The Equity Project to deliver a series of four workshops, intended to build on foundational training.
Workshop 1 - Foundations of Equity, Diversity, and Inclusion will roll out to all city staff, including elected
officials and department heads, at the end of March 2022. It is very important that everyone in our
organization, regardless of position, has the opportunity to experience this base-line training.
Workshops 2 – 4 which will build on the basic foundations will be offered to all elected officials, directors and
supervisors, Inclusive City team members, and any additional staff wishing to grow their understanding of
diversity, equity and inclusion. The workshops will continue through Summer 2022.
A contract with The Equity Project is expected to be finalized at the end of February 2022.
In June of 2021, the City Commission intentionally earmarked approximately $61,000 for the Bozeman Police
Department to use to increase training in the areas of implicit bias and de-escalation. During this quarter, the
Bozeman Police Department utilized those funds to purchase a virtual reality training simulator. Rather than
spending the funds on one-time training, the purchase of this system will allow the department to conduct
ongoing training on these issues. In addition, the system will be used to offer training to other City employees,
train new officers on a wide variety of topics, and during events such as the Citizen’s Police Academy.
Training Date Completed Length # Staff Trained Comments
Workplace
Diversity
Started December
2020, Ongoing
1 hour 98.2% of all
employees
Cultural diversity can strengthen an
organization’s values and enhance
community awareness. Due to our
country’s rapid growth and ever-
changing diverse populations,
organizations are realizing strength in
the marketplace is linked to their ability
to attract a culturally diverse workforce.
Unfortunately, discrimination still
occurs on many levels. The goals of this
program are to promote awareness and
encourage acceptance, describe
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strategies to create a positive and
accepting work environment, and to
highlight the steps to take should
discrimination occur in the workplace.
GARE
Foundations
Advancing
Racial
Equity: The
Role of
Government
Started December
2020, Ongoing
6 hours 7 This course provides an introduction to
the role, responsibilities and
opportunities for government to
advance racial equity. Participants gain
awareness of the history of race and of
implicit and explicit bias and individual,
institutional, and structural racism and
how it impacts the workplace. The
course also focuses on normalizing
racial equity as a core value with clear
definitions of key terminology,
operationalizing racial equity via new
policies and institutional practices, and
organizing, both internally and in
partnership with other institutions and
the community. Participants also
become skilled at identifying and
addressing institutional and structural
racism.
3. Review employee performance appraisal system
The City’s Human Resources department is working with managers, supervisors and represented employee
groups to seek input on a new approach to performance evaluation. The new approach will have an emphasis
on coaching and development and will aim to facilitate timely, reliable and valuable feedback for all employees.
Once input has been received by staff the program will be reviewed and approved by City Management before
being launched with employees in the “non-represented” category and MFPE union.
4. Review best practice recommendations, including the THRIVE index and the
Municipal Equality index
City staff had initial discussions on the City’s current scores in the THRIVE index (Appendix C) and the Municipal
Equality Index (Appendix D.) Based on the City’s scores from 2019, the team has identified several key areas
where additional progress can be made:
1. THRIVE Index:
The City of Bozeman signed into effect this month a new policy to provide paid parental leave
of up to eight weeks for City employees. The policy recognizes the importance of bonding and
caring for a new child, and hopes to support parents during an exciting and stressful time in
their lives. The policy provides eligible City employees with up to eight weeks paid parental
leave in the event of a birth or adoption, either experienced by themselves or with their spouse
or partner. Prior to this policy staff were able to take their sick or vacation leave but no
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officially policy was in place. To our knowledge 8 weeks is the most leave offered by a
municipality in Montana.
2. Municipal Equality Index: The City of Bozeman’s score for 2021 was released this fall with a score of 80
points out of 100. This is an increase of 2 points from the previous year. To compare, Bozeman’s score
in 2016 was 58. We have made great progress and we are continuing to evaluate how we can make
adjustments to improve our number. You can read the full report from MEI on their website or in
Appendix D.
6. Evaluate Diversity and Inclusion on Advisory Boards
The City Commission recently took action to consolidate many of the City’s Citizen Advisory Boards. As a part of
the consolidation process the City Commission prioritized diversity, equity and inclusion in the new structure.
At the direction of the Commission the City developed a voluntary survey to gather baseline information from
the existing Citizen Advisory Board members. Because the survey is voluntary it is not precise but provides an
important touchpoint for elected officials and leaders to understand the demographic makeup of advisory
boards. Per the recommendation of the City Manager this survey will be conducted every two years to track
progress and will be shared on the equity indicators dashboard.
The results from the data collection of the newly appointed boards show increased diversity in several
important categories including age, race/ethnicity, sexual orientation, and type of residence. A full comparison
is included in Appendix E.
Diversity, inclusion and interaction with minorities – Bozeman
Police Department
1. Training
This item will be an ongoing effort by the Bozeman Police Department to explore additional training
opportunities on topics including recognizing implicit bias, anti-racial profiling and Bias-Free policing.
Training Date Completed Length # Staff Trained Comments
Implicit Bias November 2020 2.5 hours 64 (all officers) Officers completed an online
course intended to help them
understand how implicit bias
impacts actions and decisions.
The course examined the
relationship between
unconscious and implicit bias,
addressed illicit bias and how it
affects decision making, and
discussed the importance of
communicating effectively.
Implicit Bias and
Microaggressions
November, 2021 3 hours 5 officers Officer attended a workshop at
MSU, during which they gained
an understanding of the cycle of
oppression, implicit bias and
microagressions. The workshop
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provided an opportunity for self-
reflection and an opportunity to
develop skills regarding how to
respond to microagressions.
Use of Force
1. Training
This item will be an ongoing effort by the Bozeman Police Department to incorporate more communication and
de-escalation, scenario-based, in-service trainings for officers. Staff will also evaluate and consider additional
training programs on topics that include communication, de-escalation, intervention, recognizing force
mitigation opportunities, use of force decision-making and more.
Training Date Completed Length # Staff
Trained
Comments
Decision Making November 2020 2 hours 64 (all
officers)
Officers attended a training regarding
making good decisions during critical
incidents. This training included the science
behind why poor decisions are sometimes
made, the inherent “fight or flight” response
and how to overcome it, and how to remain
calm and think critically during high-stress
incidents.
De-escalation,
Intervention, and
Force Mitigation
January 2021 2 hours 62 (all
officers)
Officers completed an online course
focusing on “De-Escalation, Intervention,
and Force Mitigation.” After defining each
term, the training discussed the importance
of focusing on a “guardian” mindset,
described a variety of factors involved in
human interaction, and explored techniques
for lowering emotions to change behavior in
volatile situations.
Situational
Awareness for
Force Usage
Training
May, 2021 2 hours 40 After participating in a live scenario that
obviously required force, officers were
placed in a slightly altered scenario that did
not require force. Scenarios were intended
to train officers to individually assess each
situation, utilize good communication skills,
recognize potential danger versus lethal
danger, and focus on de-escalating
whenever possible.
Force Mitigation September,
2021
2 hours 64 (all) Every year, all officers must certify in a
variety of “less lethal” options, all designed
to mitigate the amount of force used during
an encounter. During each training cycle,
officers must complete a written or verbal
test, practice with the tool, then complete a
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scenario that includes communicating with
the individual in an attempt to avoid force,
then deciding whether that tool is
appropriate for the scenario.
Communication
and De-escalation
October, 2021 3 hours 6 (newly
hired
officers)
As part of their initial training, all new
officers hired this quarter attended a 3 hour
class on communication and verbal de-
escalation tactics. This course includes
examining the topic of “communication”
from both legal and best-practice
perspectives and ways to verbally de-
escalate situations.
Crisis Negotiations
Course
November, 2021 40
hours
3
(officers)
Three current officers attended a 40 hour
course focused on communicating
effectively with those in a variety of crises,
with the common goal always being to avoid
using any type of force to resolve the
situation.
Crisis Negotiations
Conference
November, 2021 16
hours
3
(officers)
Three different current officers attended a
2 day course which included classes on a
variety of crisis negotiations topics. The
conference and all included course again
center on decreasing the need for any force.
De-escalation and
“less lethal” force
scenarios
December, 2021 2 hours 39
(officers)
Officers attended a monthly training which
consisted of three different scenarios, all of
which focused on either de-escalation
tactics or the use of “less lethal” tools.
Use of Force
scenarios
January, 2022
2 hours 40
(officers)
Officers attended a monthly training
focused on barricaded subjects, active
shooters, and hostage situations. Focus was
placed on attempting to avoid any use of
force during each scenario.
Citizen Appeal Process
3. Refine the complaint investigative process.
Discussions are still ongoing regarding the citizen’s appeal process, including who will conduct the review and
how a review will be requested.
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Bozeman as an Inclusive City Report – Actions, Budget, Timeline
Green = Complete
Yellow = In progress or Ongoing
Red = Not yet started
City Manager Recommendations
Based on the review of our existing policies, procedures, training protocols and best practices the City Manager recommends the following actions: ACTION ITEM LEAD DEPARTMENT TIMELINE FOR
IMPLEMENTATION
BUDGET (ESTIMATE IF
AVAILABLE, NOTE IF
ALREADY BUDGETED
FOR AND WHAT FISCAL
YEAR)
1. PROVIDE A QUARTERLY PROGRESS
REPORT TO THE CITY COMMISSION
AND INTERESTED STAKEHOLDERS
CITY MANAGER’S
OFFICE
IMMEDIATELY - FIRST
REPORT NOVEMBER
2020
$0
2. IDENTIFY ANTI-DISCRIMINATION,
IMPLICIT BIAS AND SYSTEMIC RACISM
TRAINING FOR ELECTED OFFICIALS
AND DEPARTMENT HEADS
HUMAN
RESOURCES/CITY
MANAGER’S OFFICE
DEVELOP 12-MONTH
TRAINING PROGRAM
BY DECEMBER 2020
$53, 745 (PAID FOR
THROUGH GRANT)
3. DEVELOP A CITY DIVERSITY,
EQUITY AND INCLUSION PLAN TO
ENGAGE STAKEHOLDERS AND
IDENTIFY GAPS COMMUNITY WIDE
AND TO IMPLEMENT POLICIES THAT
HELP ALL PERSONS IN BOZEMAN
THRIVE REGARDLESS OF ECONOMIC,
RACIAL, CULTURAL, OR GENDER
IDENTITY
CITY MANAGER’S
OFFICE
18 MONTHS UNKNOWN
4. SPONSOR A DIVERSITY, EQUITY
AND INCLUSION SUMMIT WITH
COMMUNITY PARTNERS SUCH AS
MONTANA STATE UNIVERSITY,
HRDC, AND MONTANA RACIAL
EQUITY PROJECT
CITY MANAGER’S
OFFICE
2021 UNKNOWN
5. ACCELERATE THE
IMPLEMENTATION OF BODY WORN
CAMERAS FOR THE BOZEMAN POLICE
DEPARTMENT
BOZEMAN POLICE
DEPARTMENT
BPD WILL HAVE
RECOMMENDATION
ON TIMELINE AS A
PART OF THE
UPCOMING CAPITAL
IMPROVEMENT
PLANNING PROCESS
AND WILL MAKE
BPD WILL HAVE COST
ESTIMATES AS A PART
OF THE UPCOMING
CAPITAL
IMPROVEMENT
PLANNING PROCESS.
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12
RECOMMENDATIONS
ON FISCAL YEAR.
6. BECOME A MEMBER OF THE
GOVERNMENT ALLIANCE ON RACE
AND EQUITY
CITY MANAGER’S
OFFICE
IMMEDIATELY $1,000 ANNUALLY
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13
Overall Diversity for the Organization
ACTION ITEM LEAD DEPARTMENT TIMELINE FOR
IMPLEMENTATION
BUDGET (ESTIMATE IF
AVAILABLE, NOTE IF
ALREADY BUDGETED
FOR AND WHAT FISCAL
YEAR)
1. MAKE DIVERSITY A FORMAL
AND HIGH PRIORITY FOR THE
ORGANIZATION
The City will communicate its commitment to diversity to all city staff and significantly
increase formal training for
supervisors and employees on
implicit bias. The City will
review and adjust its employee
performance appraisal system
to ensure consistency of
evaluations and non-
discrimination.
CITY MANAGER HOLD ALL CITY STAFF
MEETING AND PASS
ADMINISTRATIVE
ORDER
$0
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Anti-discrimination
ACTION ITEM LEAD DEPARTMENT TIMELINE FOR
IMPLEMENTATION
BUDGET (ESTIMATE IF
AVAILABLE, NOTE IF
ALREADY BUDGETED
FOR AND WHAT FISCAL
YEAR)
1. IMPLEMENT ADDITIONAL
TRAINING FOR ALL CITY STAFF
HUMAN RESOURCES LMS “WORKPLACE
DIVERSITY” DEPLOYED
TO ALL EMPLOYEES BY
DECEMBER.
ESTABLISH A 12
MONTH TRAINING
CALENDAR FOR ALL
EMPLOYEES BY
MARCH 2022
WE HAVE A SYSTEM
WITH THESE TYPES OF
TRAININGS INCLUDED
BUT MAY NEED
FUNDING FOR IN
PERSON TRAINING
The City will consider more frequent and additional trainings
including trainings on “Inclusion
in the Workplace” and “Implicit
Bias”
2. EMPLOYEE ENGAGEMENT
SURVEYS
HUMAN RESOURCES MOVED TO SPRING
2022
$0
The City will engage employees
annually to gauge inclusion and
engagement in the workplace to
measure the success of other
efforts by the City.
3. EMPLOYEE PERFORMANCE
APPRAISAL SYSTEM
HUMAN RESOURCES FY22 $0
The City will review its employee
performance appraisal system
and provide updates with greater
consideration to fairness and inclusion.
4. REVIEW BEST PRACTICE
RECOMMENDATIONS, INCLUDING
THE THRIVE INDEX AND THE
MUNICIPAL EQUALITY INDEX
HUMAN
RESOURCES/CITY
MANAGER’S OFFICE
INITIAL MEETING
WITH CITY MANAGER
TO REVIEW THESE
PROGRAM ELEMENTS
IN JANUARY 2021
IMPLEMENTATION OF
PAID PARENTAL
LEAVE POLICY,
EFFECTIVE JAN 1,
2022. ADDITIONAL
POLICIES CURRENTLY
IN REVIEW.
$0 FOR INITIAL
REVIEW.
IMPLEMENTING NEW
ELEMENTS MAY
REQUIRE FUNDING.
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The City will review the best
practices of the THRIVE index
and the Human Rights
Campaign’s Municipality Equality
index and consider City policies
that may need additional updates to meet these best practices.
5. REVIEW HOW THE CITY HANDLES
ANONYMOUS COMPLAINTS (ETHICS
ORDINANCE)
CITY MANAGER’S
OFFICE
2022 $0
The City will review the current
policies within the ethics
ordinance that requires
complainants to give their name
before complaints are given a
complaint investigation status.
The review will consider the
failures of the policy to meet the
needs of the victim and should
be updated to reflect those needs.
6. EVALUATE DIVERSITY &
INCLUSION ON ADVISORY BOARDS
CITY CLERK’S OFFICE SUMMER 2021 $0
The City will conduct an evaluation of City Advisory
Boards to determine how or if
the City tracks diversity on these
boards and consider systems that
could be implemented to support
diversity and inclusion in these
spaces.
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Diversity, inclusion and interaction with minorities – Bozeman Police
Department
ACTION ITEM LEAD DEPARTMENT TIMELINE FOR
IMPLEMENTATION
BUDGET (ESTIMATE IF
AVAILABLE, NOTE IF
ALREADY BUDGETED
FOR AND WHAT
FISCAL YEAR)
1. ADD FUTURE TRAININGS POLICE DEPARTMENT
The Bozeman Police
Department will explore
additional training opportunities
on topics including recognizing implicit bias, anti-racial profiling, and Bias-Free Policing.
IMPLICIT BIAS TRAINING
(ONLINE) (2.5 HR)
NOVEMBER
2020
$3,400
2. AUGMENT EXISTING POLICIES
AND UPDATE TO “BIAS-FREE
POLICING”
POLICE DEPARTMENT
The Bozeman Police
Department will review its
existing policies against the
model policy of “Bias-Free
Policing” and update existing
policies where necessary to be
in line with this national best practice.
COMPLETED AND
TRAINING
IMPLEMENTED
$0
3. BROADEN COMMUNITY
OUTREACH EVENTS
The Bozeman Police Department will give continued
consideration to broadening
community outreach events to
interact with more Montana
State University groups as well
as other community groups.
POLICE DEPARTMENT TO BE
DETERMINED
DEPENDENT
UPON
PANDEMIC-
RELATED
RESTRICTIONS
N/A
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Hiring Practices - Overall
ACTION ITEM LEAD DEPARTMENT TIMELINE FOR
IMPLEMENTATION
BUDGET (ESTIMATE IF
AVAILABLE, NOTE IF
ALREADY BUDGETED
FOR AND WHAT FISCAL
YEAR)
1. CONTINUED EFFORTS TO REACH
OUR BEST PRACTICES
The City will continue to evaluate
and improve its efforts to achieve
our best practices in hiring and
recruitment. This includes
improving our results for
candidates and evaluating the
impacts of turnover.
HUMAN RESOURCES APRIL 2021 MAY NEED MINIMAL
AMOUNTS FOR JOB
POSTINGS TO NICHE
GROUPS.
2. UPDATE HIRING PRACTICES
POLICY
HUMAN RESOURCES 2021-2022 $0
The City will update the hiring
practices manual to reflect current
practices and further efforts for
diversity. The City will also train
supervisors to the hiring practices
and hold supervisors accountable
for not following hiring practices.
3. REVIEW AND UPDATE THE
LANGUAGE AND IMAGES USED FOR
ADVERTISING POSITIONS
HUMAN RESOURCES 2021 $20,000
The City will review the language
and images used for recruiting and advertising open city positions to
specialized groups. Language and
images should take into
consideration literal and visual
differences in varied applicant
pools.
WORK WITH A
CONSULT TO DEVELOP
NEW VISUAL AND
WRITTEN MATERIALS
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Use of Force
ACTION ITEM LEAD DEPARTMENT TIMELINE FOR
IMPLEMENTATION
BUDGET (ESTIMATE IF
AVAILABLE, NOTE IF
ALREADY BUDGETED
FOR AND WHAT FISCAL
YEAR)
1. POLICY CHANGES
The Bozeman Police
Department will make revisions
to the current BPD policy and
provide additional policy
direction concerning de-
escalation and use of force.
These updates hope to address
community concerns and
provide clarity for officers.
POLICE DEPARTMENT COMPLETE AND
TRAINING
IMPLEMENTED
$0
2. FUTURE TRAININGS POLICE DEPARTMENT
The Bozeman Police Department will incorporate more
communication and de-escalation
scenario-based in-service
trainings for officers. They will
also evaluate and consider
additional training programs on
topics that include
communication, de-escalation,
intervention, recognizing force
mitigation opportunities, use of
force decision-making, and
others.
DECISION MAKING (IN
PERSON FOR
OFFICERS) (2 HR)
NOVEMBER 2020 $0
DE-ESCALATION AND
FORCE MITIGATION
(ONLINE FOR ALL
OFFICERS) (2 HR)
FALL 2020 $3,400
DE-ESCALATION
SCENARIOS (IN
PERSON FOR
OFFICERS) (2 HR)
MAY, 2021 $0
FORCE MITIGATION OCTOBER, 2021 $0
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COMMUNICATION
AND DE-ESCALATION
OCTOBER, 2021 $0
CRISIS NEGOTIATIONS NOVEMBER, 2021 $687 IN CURRENT
BUDGET
DE-ESCALATION AND
“LESS LETHAL” FORCE
SCENARIOS
DECEMBER, 2021
USE OF FORCE
SCENARIOS
JANUARY, 2021
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Citizen Appeal Process – Bozeman Police Department
ACTION ITEM LEAD DEPARTMENT TIMELINE FOR
IMPLEMENTATION
BUDGET (ESTIMATE IF
AVAILABLE, NOTE IF
ALREADY BUDGETED
FOR AND WHAT FISCAL
YEAR)
1. CREATE A STAND-ALONE CITIZEN
COMPLAINT POLICY
The Bozeman Police Department
will create a stand-alone Citizen
Complaint Policy that will be
available on the City’s website
with clear instructions on how to
file a complaint, the complaint
investigation process, timeline for
response, and steps for further
engagement after an outcome
has been determined.
POLICE DEPARTMENT SPRING 2021 $0
2. CLEARLY DISTINGUISH INQUIRIES
FROM COMPLAINTS
The Bozeman Police Department will create a process, including defining the terms “inquiry” and “complaint” to clearly distinguish inquiries from complaints
requiring an investigation and
create a system for documenting
inquiries.
POLICE DEPARTMENT SPRING 2021 $0
3. REFINE THE COMPLAINT
INVESTIGATIVE PROCESS
The Bozeman Police Department
will review and update the
Complaint Investigative Process
to establish a clear timeframe for
notification and follow-up within
24 hours with a complainant. The
Bozeman Police Department will
also explore options for developing an appeal process for citizens that are unsatisfied with
the outcome of a complaint
investigation.
POLICE DEPARTMENT SPRING 2021 $0
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BIAS-FREE POLICING Chapter 02
Section 05
APPROVED BY INTERIM CHIEF VELTKAMP – SEPT 30, 2020 Page 1
I.PURPOSE
The purpose of this policy is to emphasize the Bozeman Police Department’s
commitment to fair and bias-free treatment of all people and to clarify the circumstancesin which agency personnel may consider specified characteristics when carrying outduties. Fair and bias-free policing enhances legitimate law enforcement efforts andpromotes trust within the community.
II.POLICY
People having contact with Bozeman Police Department personnel shall be treated in a
fair, impartial, bias-free, and objective manner, in accordance with law, and without
consideration of specified characteristics as defined in this policy.
II.DEFINITIONS
A.Biased Policing: Discrimination in the performance of law enforcement duties ordelivery of police services, based on personal prejudices or partiality of agencypersonnel toward classes of people based on specified characteristics.
B.Fair and Bias-free Treatment: Conduct of agency personnel wherein all people are
treated in the same manner under the same or similar circumstances irrespectiveof specified characteristics.
C.Police Services: Sometimes referred to as community caretaking functions, these
are actions and activities that may not directly include enforcement of the law, butthat contribute to the overall well-being of the public. These include, but are notlimited to, such tasks as welfare checks; death notifications; public assistance topersons who may be lost, confused, or affected by mental or physical illness;traffic control; medical emergencies; lifesaving services; crime prevention; public
information; and community engagement.
D.Specified Characteristics: For the purposes of this policy, real or perceivedpersonal characteristics, to include but not limited to race, ethnic background,national origin, immigration status, gender, gender identity/expression, sexual
orientation, religion, socioeconomic status, age, disability, or political affiliation.
E.Racial profiling: The detention, official restraint, or other disparate treatment ofan individual solely on the basis of the racial or ethnic status of the individual.
III. GUIDELINES
Appendix A
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Section 05
APPROVED BY INTERIM CHIEF VELTKAMP – SEPT 30, 2020 Page 2
A. Fair and Impartial Treatment
1. Biased policing, including racial profiling, is prohibited both in enforcement of the law and the delivery of police services. 2. Agency personnel shall take equivalent enforcement actions and provide
bias-free services to all people in the same or similar circumstances. This
does not mean that all people in the same or similar circumstances must be treated identically. Reasonable concessions and accommodations may be, and sometimes should be made, for example when dealing with people with disabilities, injury, or illness.
3. Agency personnel may only consider specified characteristics when credible, timely intelligence relevant to the locality links a person or people with a specified characteristic(s) to a particular unlawful incident, or to particular unlawful incidents or criminal patterns.
4. Officers shall not engage in a practice of routinely stopping members of minority groups for violations of vehicle laws as a pretext for investigating other violations of criminal law, particularly if the reason for the stop is based primarily on their race or ethnicity.
5. Restrictions on the use of specified characteristics do not apply to law enforcement activities designed to strengthen the agency’s relationship with diverse communities. B. Compliance
1. Where appropriate, agency personnel are encouraged to intervene at the time the biased policing incident occurs. Agency personnel who witness or who are aware of instances of biased policing shall report the incident to a supervisor.
2. Supervisors shall: a. Ensure that all agency personnel in their command are familiar with the content of this policy and shall be alert and respond to indications that
biased policing is occurring.
b. Respond to violations of this policy with training, counseling, discipline, or other remedial intervention as appropriate to the violation.
c. Ensure that those who report instances of biased policing are not subject
to retaliation. 3. The department will ensure the ability to document the race of those contacted
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Section 05
APPROVED BY INTERIM CHIEF VELTKAMP – SEPT 30, 2020 Page 3
during vehicle and person stops. Personnel shall comply with all departmental
direction regarding how to assist in ensuring the accurate documentation of this
criteria. 4. Any written complaint of racial profiling or other biased policing shall be handled in accordance with the department’s Administrative Investigations and
Discipline Policy.
C. Training All agency personnel will receive basic and periodic in-service training and,
where deemed necessary, remedial training on subjects related to fair and bias-
free policing. Topics should include legal aspects and the psychology of bias, cultural awareness, and racial profiling.
228
USE OF FORCE Chapter 03
Section 01
APPROVED BY INTERIM CHIEF VELTKAMP – SEPT 30, 2020 Page 1
I.POLICY
The purpose of this policy is to provide officers of the Bozeman Police Department with
guidelines on the reasonable use of force. It consists of general principles and values and
is not a statement of what must be done in a particular situation. The Bozeman Police
Department values the sanctity of human life and the importance of treating all persons
with dignity and respect. It is the policy of this department that police officers shall
use only force that is reasonably necessary to effectively bring an incident under
control, while protecting the lives of the officer and others.
II.DEFINITIONS
A.Force: Any physical efforts used by an officer to control, overpower, or restrain
another.
B.Lethal Force: Force likely to cause death or serious bodily harm.
C.Less-lethal Force: Any use of force other than that which is considered lethal
force.
D.Objectively Reasonable: As decided by the US Supreme Court in Graham v.
Connor, 490 U.S. 386 (1989), the Fourth Amendment ‘reasonableness”
inquiry is whether the officer’s actions are “objectively reasonable” in light of the
facts and circumstances confronting them, without regard to their underlying intent
or motivation. The “reasonableness” of a particular use of force must be judged
from the perspective of a reasonable officer on the scene, and its calculus must
embody an allowance for the fact that police officers are often forced to make split-
second decisions about the amount of force necessary in a particular situation.
E.De-escalation: Taking action or communicating verbally or non-verbally during a
potential force encounter in an attempt to stabilize the situation and reduce the
immediacy of the threat so that more time, options, and resources can be called
upon to resolve the situation without the use of force or with a reduction in the force
necessary. De-escalation may include the use of such techniques as command
presence, advisements, warnings, verbal persuasion, and tactical repositioning.
F.Exigent Circumstances: Those circumstances that would cause a reasonable
person to believe that a particular action is necessary to prevent physical harm to
an individual, the destruction of relevant evidence, the escape of a suspect, or some
other consequence improperly frustrating legitimate law enforcement efforts.
G.Chokehold: A physical maneuver that restricts an individual’s ability to breathe
for the purposes of incapacitation.
H.Vascular Restraint: A physical maneuver that restricts blood flow to an
Appendix B
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individual’s brain for the purposes of incapacitation.
III. GUIDELINES
It is recognized that officers may be confronted with situations where use of force may be
required to make an arrest, prevent escape, as self-defense, or to protect the public. Many
force and equipment options are available to the officer. The officer must choose the
appropriate option based on an objectively reasonable belief of the threat, either actual or
perceived.
A. ESCALATION AND DE-ESCALATION
1. The amount of time available to an officer to evaluate and respond to a situation
may impact the officer’s decision. Often an officer must make a split-second
decision in reaction to a threat or risk. A number of factors should be taken into
consideration when an officer selects force options and when evaluating whether
an officer has used reasonable force.
2. Whenever possible and when such delay will not compromise the safety of the
officer or another, and will not result in the destruction of evidence, escape of a
suspect, or commission of a crime, an officer shall allow an individual reasonable
opportunity to submit to verbal commands before force is used.
3. While it is preferred that officers attempt to de-escalate a situation by gaining
compliance through advice, warning or persuasion, it is sometimes necessary to use
physical force.
4. Use of physical force should be discontinued when resistance ceases or when the
incident is under control.
5. Officers must react to all situations in an objectively reasonable manner as outlined
in Graham vs. Connor. Factors which may affect an officer’s force option selection
include but are not limited to;
a. Officer/Subject factors (age, size, relative strength, skill level,
injury/exhaustion level)
b. Influence of drugs or alcohol
c. Proximity of weapons
d. Availability of other options
e. Seriousness of the offense
f. Fear of injury or death to the officer or another
g. Actions of the subject
h. Number of subjects present
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i. Location of officer and availability of back-up
j. Other exigent circumstances
6. It is important to note that an officer does not need to gain control over an individual
by use of the lowest level of force available when reason dictates otherwise and the
officer can articulate that a higher level of force was reasonable. The law, proper
training, and common sense should dictate the officer’s discretion to escalate and/or
de-escalate the use of force.
7. Officers have a duty to intervene to prevent or stop the use of excessive force by
another officer when it is safe and reasonable to do so. The excessive force shall be
reported to a supervisor as soon as possible.
8. Once the scene is safe and as soon as practical, an officer shall provide appropriate
medical care consistent with his or her training to any individual who has visible
injuries, complains of being injured, or requests medical attention. This may
include providing first aid, requesting emergency medical services, and/or
arranging for transportation to an emergency medical facility.
B. USE OF FORCE OPTIONS
1. LESS-LETHAL LEVELS OF FORCE:
a. LOW LEVEL
1) Officer presence and verbal commands: When practical, verbal
commands should be used in combination with other levels of force as a
means to control the situation
2) Restraints: Includes the use of handcuffs, flex cuffs, Restraint strap, leg
restraints, WRAP and belly belt. This also includes actually placing hands
on a person in a gentle to firm manner to gain control over the subject.
b. INTERMEDIATE LEVEL
1) Compliance techniques (Soft): Includes pressure points,
takedowns, and joint manipulation.
2) Chemical Agents: Includes oleoresin capsicum (OC),
Ortho Chlorobenzalnnalonitrate (CS gas)
3) Temporary Incapacitation (Hard): Techniques include strikes
with hands, elbows, feet, and knees; expandable or straight baton,
flashlight, or weapon of necessity. Includes use of 12-gauge bean bag
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projectile, rubber baton, bullet, diversionary or distraction devices, Canine
Contacts/Bites, Conducted Electrical Weapons (Taser).
2. LESS-LETHAL USE OF FORCE:
Officers are authorized to use department approved less-lethal force techniques, issued
equipment, or weapons of necessity or opportunity for resolution of incidents as
follows:
a. To protect themselves or another from physical injury, or the threat
thereof.
b. To restrain or subdue a non-compliant individual.
c. To bring an unlawful situation safely and effectively under control.
d. Physical force shall not be used against individuals in restraints, except as
objectively reasonable to prevent their escape or prevent imminent bodily
injury to the individual, the officer, or another person. In these situations,
only the minimal amount of force necessary to control the situation shall be
used.
3. AUTHORIZED LESS-LETHAL EQUIPMENT:
Officers are not permitted to use department issued or authorized equipment unless
qualified in its use as determined by training procedures. Patrol Officers are
required to carry on their duty belt, at least two of the following less lethal
equipment items:
a. OC spray
b. Baton (Asp)
c. Flashlight (Available for use as a baton)
d. Taser
4. LETHAL FORCE:
a. In accordance with M.C.A. 45-3-101 through 45-3-106, and this policy,
Officers are authorized to use lethal force with issued firearms, other issued
equipment or weapons of necessity or opportunity to:
1. Protect the police officer or others from what is reasonably believed
to be a threat of death or serious bodily injury; and/or
2. Prevent the commission of a forcible felony.
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b. Before using a firearm, police officers should identify themselves and state
their intent to shoot, whenever feasible or practical.
c. An officer’s decision to present or exhibit a firearm should be based on the
tactical situation and the officer's reasonable belief there is a substantial risk
that the situation has already escalated or may escalate to the point where
deadly force may be justified. When an officer has determined that the use
of deadly force is not necessary, the officer shall, as soon as practicable,
secure or holster the firearm.
d. The use of a firearm against a moving motor vehicle is inherently
dangerous. Officers shall not discharge a firearm at a motor vehicle or its
occupant(s) unless the officer has an objectively reasonable belief that:
1. The vehicle or suspect poses an immediate threat of death
or serious bodily injury to the officer or another person;
2. If an officer finds themselves in the path of an oncoming vehicle,
when reasonable or practical, the officer should attempt to move
from the path of a vehicle causing a threat.
e. The firing of warning shots is inherently dangerous and should not be fired
except under the most compelling circumstances. A warning shot may be
fired in an effort to stop a person only when the officer is authorized to use
lethal force, and if the officer reasonably believes a warning shot can be
fired safely in light of all the circumstances of the encounter.
f. The use of chokeholds and vascular neck restraints are prohibited unless
deadly force is authorized.
C. REPORTING USE OF FORCE
1. Supervisor notification and a written Use of Force Report is required in
the following situations:
a. Any use of force option above Low Level is utilized.
b. When force is used while displaying or presenting a firearm or
less-lethal tool towards a subject to gain compliance.
c. When lethal Force is threatened or used.
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2. The on-call Command Duty Officer will be immediately
notified and will direct the investigation in the following situations:
a. When a firearm is discharged during a use of force incident.
b. When any use of force results in death or serious injury.
c. When a subject complains that serious injury has been inflicted.
d. When misconduct surrounding the use of force is alleged or
suspected.
D. REVIEW AND INVESTIGATION
1. All Use of Force Reports and related supplemental reports shall be
reviewed by the chain of command to determine whether; departmental
rules, policy or procedures were followed, the relevant policy was clearly
understandable and effective to cover the situation, and department
training is currently adequate.
a. A review board may be appointed at the discretion of the Chief of
Police.
b. The Chief of Police may determine if a full internal or criminal
investigation is warranted. If so determined, the Chief shall follow
the guidelines in the Discipline and Complaint Policy,
Investigation of Serious Complaints.
c. All findings of policy violation or training inadequacies shall be
reported to the Chief of Police, along with any recommended
disciplinary action and/or corrective action plan.
E. TRAINING
1. All officers shall receive training on this agency’s use of force policy and
related legal updates.
2. In addition, training shall be provided on a regular and periodic basis and
designed to:
a. Provide techniques for the use of and reinforce the importance of de-
escalation;
b. Simulate actual shooting situations and conditions;
c. Enhance officers’ discretion and judgement in using less-lethal and
deadly force in accordance with this policy.
3. All use of force training shall be documented.
234
A.City of Bozeman Thrive Index assessment:
We have also continued to evaluate employment practices against the Thrive Index with very
good results (see below.) We have found that the City has been consistently upholding the
objectives put forth, as hiring and employment practices are designed to be fair and equitable to
all applicants and employees. No changes have been made in our general response this year, but
we continue to see great participation in our Leave Bank programs. These programs continue to
help employees obtain paid leave for maternity and family care by voluntary pooling employee
sick leave hours.
CITY OF BOZEMAN AND THE THRIVE INDEX
Adequate wages and benefits City of
Bozeman
Comment
Are part-time workers paid the same (per hour, including benefits)
as full-time workers performing the same or similar tasks?
Y
Are most part-time workers guaranteed a minimum number of hours
per week? If not, are there ways they could be?
Y Some departments
guarantee a range of
hours vs. a set schedule -
i.e. at least 12, but not
more than 18
Are workers who remain on the job for a specified period of time
eligible for a pay increase?
Y
Are workers who remain on the job for a specified period of time
eligible for paid sick leave for themselves or to care for a family
member?
Y
When job-skill demands or responsibilities increase, are wages
adjusted upward?
Sometimes The City works to ensure
employees are working
within their class
specification.
Reclassifications and/or
promotions are the
avenue for pay increases,
and department heads
request those during the
annual budget process.
$SSHQGL[&
235
Are workers paid for their entire scheduled shift, even if business is
slow?
Sometimes Employees get paid for
the hours they work.
Shifts are not typically
cut short, but if there is
an urgent need to close a
facility, employees would
not be paid for the
closure. This rarely
happens.
Are hourly wages higher for nonstandard shifts, such as nights or
weekends?
Sometimes Depending on the
Collective Bargaining
Agreement, there may be
shift premiums.
Opportunities for Upward Mobility
Do low-wage workers have opportunities for on-the-job or cross-task
training or outside educational opportunities that can lead to upward
mobility?
Y
Can schedules accommodate workers’ pursuit of educational
opportunities?
Sometimes The City makes every
effort to accommodate
employees’ requests for
time off and/or modified
schedules. However,
based on the need to
efficiently and safely
operate City business, not
every request can be
granted every time.
When skill demands or job responsibilities increase, is training
provided for newly assigned tasks?
Y
Can workers cross-train in different areas to increase their flexibility
and value to the company (recognizing that outsourcing of some
functional areas or other factors may prohibit this)?
Y
Are there opportunities for upward mobility within the company that
do not require geographic relocation?
Y
Support for personal and family needs
Can worker breaks be scheduled to accommodate the need for
phone calls at pre-specified times for working caregivers?
Y
236
Are occasional calls for urgent matters allowable? Can children or
caregivers call an employee at work when necessary?
Y
Are workers who remain on the job for a specified period of time
eligible during their regular work hours to care for their health or a
family member’s without losing pay (e.g., able to leave for an hour
or two for a trip to the doctor)?
Y
Can personal time be taken in small increments of an hour or two
(for doctor’s appointments, parent-teacher conferences, educational
opportunities, etc.)?
Y
Do you offer paid or unpaid maternity or paternity leave for
workers? Is the length of this leave negotiable?
Y Paid time is offered
through employee
accruals, our Sick Leave
Bank, and our Direct
Donation policies, and
can be used for the entire
absence (at 100% pay)
Work scheduling, predictability, and flexibility
Is there a systematic way for workers to communicate their
preferences for hours and schedules? If not, could some such system
be implemented?
Y
Does the shift/hours scheduling system take account of workers’
constraints and preferences?
Y
Are work schedules announced more than a day or two in advance?
Can workers trade shifts with colleagues when time conflicts
develop (allow “shift-swapping”)?
Y
If workers are asked to stay beyond the end of scheduled shifts to
finish assignments or for administrative procedures, are they given
advance notice of when this may be required?
Y
Does the measured workload take into account the quality or
difficulty of tasks along with simpler measures of the number of
customers, clients, or patients?
Y
Autonomy, respect, and trust
Are workers protected from “no-fault” absence or tardiness policies
(ones that lead to disciplinary actions or dismissal, even for excused
absences)?
Y
Are workers allowed or encouraged to contribute ideas to better
organize or improve their work teams or work areas?
Y
Can workers occasionally make personal phone calls? Y
237
PTS FOR SEXUAL ORIENTATION PTS FOR GENDER IDENTITY
FOR MORE INFORMATION ABOUT CITY SELECTION, CRITERIA OR THE MEI SCORING SYSTEM, PLEASE VISIT HRC.ORG/MEI.
All cities rated were provided their scorecard in advance of publication and given the opportunity to submit revisions. For feedback regarding a particular
city’s scorecard, please email mei@hrc.org.
** On June 15, 2020, the U.S. Supreme Court ruled in Bostock v. Clayton County, Georgia that sexual orientation and gender identity discrimination are
prohibited under federal sex-based employment protections. Nevertheless, it is imperative that localities continue enacting explicitly LGBTQ+-inclusive
comprehensive non-discrimination laws since it will likely take additional litigation for Bostock to be fully applied to all sex-based protections under existing
federal civil rights law. Moreover, federal law currently lacks sex-based protections in numerous key areas of life, including public spaces and services.
Lastly, there are many invaluable benefits to localizing inclusive protections even when they exist on higher levels of government. For these reasons,
the MEI will continue to only award credit in Part I for state, county, or municipal non-discrimination laws that expressly include sexual
orientation and gender identity.
FLEX PTS for criteria not accessible to all cities at this time.
BOZEMAN, MONTANA 1/2
2021 MUNICIPAL EQUALITY INDEX SCORECARD
BOZEMAN, MONTANA 2/2
2021 MUNICIPAL EQUALITY INDEX SCORECARD
V. Leadership on LGBTQ+ Equality
I. Non-Discrimination Laws**
II. Municipality as Employer
This category evaluates whether
discrimination on the basis of sexual
orientation and gender identity is
prohibited by the city, county, or state in
areas of employment, housing, and
public accommodations.
By offering equivalent benefits and
protections to LGBTQ+ employees, awarding
contracts to fair-minded businesses, and
taking steps to ensure an inclusive workplace,
municipalities commit themselves to treating
LGBTQ+ employees equally.
STATE COUNTY MUNICIPAL AVAILABLE
Employment 0 0 0 0 5 5 5 5
Housing 0 0 0 0 5 5 5 5
Public Accommodations 0 0 0 0 5 5 5 5
SCORE 30 out of 30
FLEX Single-Occupancy All-Gender
Facilities +0 +0 +0 +2
FLEX Protects Youth from Conversion
Therapy +0 +0 +0 +2
COUNTY MUNICIPAL AVAILABLE
Non-Discrimination in City Employment 7 7 7 7
Transgender-Inclusive Healthcare Benefits 6 6
City Contractor Non-Discrimination Ordinance 3 3 3 3
Inclusive Workplace 0 2
SCORE 26 out of 28
FLEX City Employee Domestic Partner
Benefits +0 +1
III. Municipal Services
This section assesses the efforts of the city
to ensure LGBTQ+ residents are included in
city services and programs.
This category measures the city leadership’s
commitment to fully include the LGBTQ+
community and to advocate for full equality.
COUNTY MUNICIPAL AVAILABLE
Human Rights Commission 0 0 5
NDO Enforcement by Human Rights
Commission 0 0 2
LGBTQ+ Liaison in City Executive’s Office 0 5
SCORE 0 out of 12
FLEX Youth Bullying Prevention Policy for
City Services
FLEX City Provides Services to LGBTQ+
Youth +0 +2
FLEX City Provides Services to LGBTQ+
People Experiencing Homelessness +0 +2
FLEX City Provides Services to LGBTQ+
Older Adults +0 +2
FLEX City Provides Services to People Living
with HIV or AIDS +0 +2
FLEX City Provides Services to the
Transgender Community +0 +2
MUNICIPAL AVAILABLE
Leadership’s Public Position on LGBTQ+
Equality 5 5
Leadership’s Pro-Equality Legislative or
Policy Efforts 2 3
SCORE 7 out of 8
FLEX Openly LGBTQ+ Elected or Appointed
Leaders +2 +2
FLEX City Tests Limits of Restrictive State
Law +3 +3
IV. Law Enforcement
Fair enforcement of the law includes
responsible reporting of hate crimes and
engaging with the LGBTQ+ community in a
thoughtful and respectful way.
MUNICIPAL AVAILABLE
LGBTQ+ Liaison/Task Force in Police
Department 0 10
Reported 2019 Hate Crimes Statistics
to the FBI 12 12
SCORE 12 out of 22
TOTAL SCORE 75 + TOTAL FLEX SCORE 5 =Final Score 80
CANNOT EXCEED 100
+1 +1+0+0
Appendix D
238
With which racial or ethnic group(s) do you identify? (Select all that apply)
18-25 years
26-40 years
41-54 years
55 years and over
Prefer not to answer
22.7%
40%
34.7%
American Indian or Alask…
Asian
Black or African American
Hispanic or Latinx
Middle Eastern or North…
Native Hawaiian or anoth…
White or Caucasian
I prefer not to answer
October 2021
Advisory Board Member Demographic
Survey*
*53% of Board Members surveyed at this time responded to this voluntary
survey
Publish analytics
What is your age bracket?
0%
0%
0%
0%
0%
2.7%
90.7%
8%
Appendix E
239
Do you have a disability?
With which gender(s) do you mostly identify?
Yes
No
Prefer not to answer
97.3%
Male
Female
Non-binary
I prefer not to answer
49.3%
46.7%
0%
4%
240
Primary Residence
Sexual orientation
This content is neither created nor endorsed by Google. Report Abuse - Terms of Service - Privacy Policy
I own my primary residence
I rent my primary residence
I prefer not to answer
10.8%
87.8%
Heterosexual or straight
Gay
Lesbian
Bisexual
I prefer not to answer
however can appreciate…
Not sure why this questio…
pansexual
Forms
90.5%
2.7%
0%
0%
5.4%
1.4%
1.4%
1.4%
241
With which racial or ethnic group(s) do you identify? (Select all that apply)
Advisory Board Member Demographic
Survey*
*71% of Board Members surveyed at this time responded to this voluntary
survey
Publish analytics
What is your age bracket?
18-25 years
26-40 years
41-54 years
55 years and over
Prefer not to answer
8.3%
27.8%
33.3%
30.6%
American Indian or Alask…
Asian
Black or African American
Hispanic or Latinx
Middle Eastern or North…
Native Hawaiian or anoth…
White or Caucasian
I prefer not to answer
South Asian
German, Jewish
2.8%
0%
91.7%
1.4%
2.8%
2.8%
0%
0%
1.4%
1.4%
242
Do you have a disability?
With which gender(s) do you mostly identify?
Yes
No
Prefer not to answer
97.2%
Male
Female
Non-binary
I prefer not to answer
44.4%
54.2%
1.4%
0%
243
Primary Residence
Sexual orientation
This content is neither created nor endorsed by Google. Report Abuse - Terms of Service - Privacy Policy
I own my primary residence
I rent my primary residence
I prefer not to answer21.1%
77.5%
Heterosexual or straight
Gay
Lesbian
Bisexual
I prefer not to answer
I personally think who so…
Queer
pansexual
Forms
83.1%
0%
0%
8.5%
7%
1.4%
1.4%
1.4%
244
Memorandum
REPORT TO:City Commission
FROM:Taylor Lonsdale, Engineer
Dani Hess, Community Engagement Coordinator
SUBJECT:Fowler Avenue Connection Project Introduction
MEETING DATE:February 15, 2022
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:No action required.
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:The purpose of this special presentation is to introduce the Fowler Avenue
Connection project team, scope, time frame, existing conditions, and
community engagement process.
Fowler Avenue is a critical multi-modal transportation corridor for our
growing community. The Fowler Avenue Connection project will connect
Huffine Lane to Oak Street and Davis Lane creating a significant north-south
connection to neighborhoods, schools and jobs. The Fowler Avenue corridor
passes through existing neighborhoods as well as properties that are
currently in Gallatin County. Due to the impacts this project will have on
adjacent neighborhoods and its importance to the broader transportation
system, the design will be informed by community input. We look to inform
and consult with the community on the existing needs and challenges of the
corridor while involving the community in evaluating alternatives for the
design of the corridor.
The construction of the Fowler Avenue Connection is scheduled in FY23. The
pre-design phase is currently underway and includes existing conditions
assessments and Right of Way acquisition.
Community engagement efforts are also underway. Information and
activities to get to know the project and provide initial input are available
now on Engage Bozeman. Throughout Spring 2023, additional constituent
meetings, open community forums, and walk audits will also provide
opportunities for the community to learn about and provide input on the
245
project. The purpose of engagement at this stage of the project is to:
Inform the community of the project scope, time frame, phases, and
community engagement process
Define which decisions have already been made and which decisions
public input will influence (ie: Fowler will be built. We need input on
what type of bicycle facilities will be included. Some number of large
existing trees will likely need to be removed. Why? How could we
mitigate this?)
Consult the community on issues that they feel are critical to the
project to understand specific concerns and considerations
Define decision making criteria such as cost of construction,
operations, maintenance; conformance with design standards; safety
and accessibility for people of all ages and abilities using all modes of
travel; vehicle traffic capacity and level of service; natural resource
impacts; and goals set forth in guiding plans (ie: Community Plan,
Climate Plan)
Involve appropriate constituents and city staff in developing design
alternatives based on criteria
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 pre-design services will be $341,700.
Attachments:
20210810_Fowler_Scope_of_Work_Pre-Design.pdf
Report compiled on: February 7, 2022
246
Exhibit A
Fowler Avenue Connection – Huffine Lane to Oak Street
Pre-Design Scope of Work
8/5/21
Sanderson Stewart, along with our subconsultants, SK Geotechnical and Weston Solutions, is pleased to
provide this scope of work for the Pre-Design Phase of the Fowler Avenue Connection project. Pre-design
services for the project will include a preliminary traffic analysis (including demand modeling, forecasting future
traffic volumes, an evaluation of a 3-lane vs. 5-lane typical section, and an evaluation of traffic signals vs.
roundabouts for the Babcock Street and Durston Road intersections), topographic survey, preliminary
geotechnical analysis/report, environmental review, wetland delineation, preliminary stormwater analysis,
concept-level design of intersection improvements, opinions of probable construction cost, identification of
public and private utility conflicts/extensions, and a preliminary right-of-way review. Project services will also
include a comprehensive community engagement process and will conclude with a pre-design report and a
presentation to the City Commission. A detailed scope of services for these pre-design tasks is outlined as
follows.
Phase 1 - Project Initiation
This phase of the project will include all project initiation and planning tasks, including scoping, contract
preparation, meetings with the City of Bozeman, and coordination with sub-consultants. All project
management tasks, client meetings and subconsultant coordination for tasks beyond project initiation will be
allocated to the remaining project phases.
Phase 2 - Traffic Data Collection
Traffic data collection will include AM and PM peak hour turning movement counts at the following project
corridor intersections:
▪ Fowler Ave/Main St (Huffine Ln)
▪ Fowler Ave/Babcock St
▪ Fowler Ave/Durston Rd
▪ Fowler Ave/Oak St
In addition to the turning movement counts, average daily traffic (ADT) counts will be collected in conjunction
with the turning movement counts. All traffic data will be collected using Miovision Scout video data collection
systems. Data processing will also result in breakdowns of trucks, buses, bicycles and pedestrians, as well as
directional distribution. Video data will be stored throughout the duration of the project in case additional
processing is needed.
247
Raw traffic count data will be adjusted for seasonal variation using the most current available Montana
Department of Transportation (MDT) seasonal adjustment factors.
Phase 3 – Traffic Modeling and Analysis
This phase will include development of a sub-area traffic model of Northwest Bozeman that will be utilized for
the evaluation of alternatives and to assess impacts on adjacent corridors. Key aspects of this phase will be to
assess when a 5-lane roadway or larger intersections may be needed based on demand and how this additional
link in the network will impact demand. Sanderson Stewart will utilize StreetLight Location-Based Services
(LBS) Data to assess origins and destinations within the study area and approximate the traffic volumes on the
corridor after construction. Combining the volume-calibrated historical LBS origin-destination data with the
historic ADTs, projections of design year (10-year and 20-year) traffic volumes will be developed with
adjustments for current data and historic background growth rates in the area. Three-lane and five-lane typical
sections will be analyzed for the Fowler Avenue corridor, along with peak hour (AM and PM) intersection
capacity calculations for the four primary corridor intersections (listed above in the Traffic Data Collection
phase). An evaluation of traffic signal vs. roundabout control will be conducted for the Babcock Street and
Durston Road intersections, including an analysis of MUTCD traffic signal warrants. Opinions of probable
construction cost will be developed for the alternatives to aid in that comparison. Minor improvements will be
considered at the existing signalized Huffine Lane intersection (including a review of a recent traffic study
conducted by MDT calling for dual turn lanes) and the roundabout at Oak Street, as needed.
This phase will also include a review and analysis of crash data for the most recent three-year period available,
corridor traffic simulation for the AM and PM peak periods using either Synchro or Vissim, and an evaluation
of bike and pedestrian accommodations along and across the corridor. Crash data will be requested from the
City of Bozeman Police Department and MDT for the entire corridor. It is assumed that the City of Bozeman
will provide copies of traffic impact studies prepared for area developments.
The preliminary traffic analysis findings and recommendations will be summarized in report format with
supportive tables and exhibits and incorporated into the pre-design report.
Phase 4 - Preliminary Stormwater Analysis
This task will include a cursory review of existing stormwater infrastructure, identification of low points along
the corridor and locations where future detention ponds or pipe extensions may be needed. Potential LID
treatments will be considered, and problem areas identified, but the sizing of stormwater infrastructure will be
completed with a future phase of the project. Sanderson Stewart will coordinate with the City Stormwater
Division as needed and will ensure conformance with the City’s Stormwater Facilities Plan.
Phase 5 - Preliminary Lighting Analysis
This task will include preliminary lighting calculations for the project corridor (including intersection lighting),
a preliminary concept lighting plan, and opinions of probable construction cost for the different alternatives.
Sanderson Stewart will also coordinate with Northwestern Energy to discuss locations and general feasibility
for providing electrical service(s). A preliminary lighting design narrative will be developed for inclusion in the
pre-design report.
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Phase 6 – Environmental Surveys
This phase of the project will consist of several baseline environmental surveys by Weston Solutions, Inc.,
including a Biological Resource Review, Hazardous Materials/Substances – Initial Site Assessment, Wetland
Delineation and Mitigation Alternatives. If more detailed analysis is required beyond these initial reviews/
assessments, Weston Solutions will provide an additional proposal. The extent of waterways and wetlands
within the right-of-way will be flagged, surveyed, and included in the base drawings. If calculated impacts to
any waters of the U.S. require a Section 404 permit, the Sanderson Stewart team will prepare and submit the
appropriate permit application as part of the future design phase of the project. A more detailed scope of
services for this phase (provided by Weston Solutions) is included as an attachment to this scoping document.
Phase 7 - Geotechnical Analysis
Soils and pavement design evaluations will be conducted and recommendations for the roadway surfacing
section will be prepared by SK Geotechnical. This evaluation will consist of eleven (11) borings, including six
(6) within or adjacent to the existing roadway pavement and five (5) borings off the existing roadway.
Laboratory testing will be conducted, and a geotechnical report will be prepared for inclusion in the overall pre-
design report. A scope of services for this task provided by SK Geotechnical is included as an attachment to
this scoping document.
Phase 8 - Topographic Survey
A detailed topographic survey of the Fowler Avenue corridor will be conducted from Huffine Lane to Oak
Street using a combination of GPS, LIDAR scanning and total station techniques. The survey area will include
the anticipated future right-of-way and the entire City-owned parcel located on the southeast corner of Fowler
Avenue & Oak Street. Survey tasks will include compilation of all plats and certificates of survey along the
corridor. A corner record search to establish right-of-way will be conducted, but a complete boundary survey
is not included. Up to 40 hours of field time will be spent searching for property corners. Additional pre-survey
research will be conducted as required, utility locates will be requested, and survey control will be set by
Sanderson Stewart with monuments at a minimum spacing of 0.25 miles. Sanderson Stewart will prepare right-
of-entry requests for all large properties on the corridor and as needed for smaller properties.
Sanderson Stewart will assemble and review existing as-built drawings for the corridor as available from the
City of Bozeman, MDT, and private utilities. Base drawings will be prepared in Autocad format following the
completion of the topographic survey, and additional pick-up topo will be conducted as needed throughout the
duration of the project. Base drawings will be prepared in Bobcat Low Distortion Projection (LDP) coordinates.
Public and private utilities will be located prior to the survey via one-call for inclusion in base drawings. This
phase also includes traffic control needed for the completion of survey tasks.
Phase 9 - Conceptual Design
Design concepts at this phase of the project will consist of plan view sheets showing geometrics, lane
configurations and typical sections. Two intersection design alternatives will be considered at the Babcock
Street and Durston Road intersections, including traffic signals and roundabouts. Two typical section
alternatives will be considered, generally consisting of three-lane and five-lane alternatives. Potential right-of-
way impacts will be identified for each typical section alternative and for the intersection alternatives. Concept
249
drawings will be prepared in plan view only. Bike and pedestrian facilities will also be included in all concept
design alternatives. Utilities and stormwater facilities will be addressed with a narrative in the pre-design report
but will not be shown in the concept design. Coordination with known adjacent site development projects will
be provided as needed to address access locations, and water and sewer services, if needed.
The deliverable for this phase will include 11x17 plan drawings incorporating the base topographic survey and
proposed improvements overlaid on an aerial image. This phase will include coordination with the City’s right-
of-way consultant as necessary for a preliminary review of right-of-way constraints. Opinions of probable cost
will be prepared for all alternatives considered in the conceptual design (two typical section alternatives and
two intersection alternatives at Babcock Street and Durston Road).
Phase 10 – Community Engagement
Fowler Avenue is a critical multi-modal transportation corridor for our growing community. It connects
neighborhoods, schools, and jobs. The Fowler Avenue corridor passes through existing neighborhoods and its
development will have an impact on the surrounding community. Given these critical factors, it is vital that our
community be engaged in the development of this project. We look to inform and consult with the community
on the existing needs and challenges of the corridor while involving the community in evaluating alternatives
for the design of the corridor.
Community Engagement for the Pre-Design Phase of the Fowler Avenue project will include the following:
▪ Implement a Community Engagement Platform (Engagement HQ by Bang the Table) where project
information will be available.
▪ Sanderson Stewart will develop a two-way communication campaign with project details including how
to engage.
▪ Utilize social media, postcard mailers, trail/park/yard signage to drive use of engagement platform.
▪ Host up to eight (8) Stakeholder Meetings (individual or combined stakeholder groups, including the
list provided in the Fowler Community Engagement Plan; assume all meetings will be virtual).
▪ Host up to three (3) Walking Audits (one for each ½ mile segment of the project; assume meetings
will be in-person).
▪ Host up to two (2) town hall sessions (assume they will be virtual meetings with the same content held
at two (2) different times to offer options to attendees), complement with online virtual open house
on Community Engagement Platform that includes videos from the live meeting, the same meeting
graphics, and opportunities for online public input.
▪ Present the project at up to two (2) City Commission meetings to provide overview of alternatives
considered, public input received, and the preferred design alternative.
Phase 11 – Public and Private Utility Coordination
Sanderson Stewart will provide coordination with the City of Bozeman on existing public utilities and proposed
extensions, as well as private utility companies throughout the development of the concept designs and pre-
design report. This phase of the project will include a high-level review of potential water and sewer extensions/
and CIP projects, and it will address annexation of County parcels and the subsequent connections to water
and sewer. Private utility coordination is anticipated to consist primarily of review of concept plans by utility
250
companies for identification of possible conflicts and opportunities for expansion. Tasks include
correspondence and up to two meetings with utility companies.
Phase 12 - Pre-Design Report
The findings from Phases 1-11 will be summarized and documented through the preparation of a detailed pre-
design report. This report will be a bound report including concept level design drawings, opinions of probable
cost, and various recommended improvements for the corridor. A draft report will be prepared for review by
the City of Bozeman, and the report will then be finalized following receipt of review comments and City
Commission decision on design alternatives. The final deliverable will consist of three bound hard copies of
the final report and an electronic copy in pdf format.
Phase 13 – Annexation and Initial Zoning Applications for County Parcels
This phase of the project will include the preparation of an annexation and initial zoning application to the City
of Bozeman Planning Division for the three large County parcels on the corridor (or portions thereof) that
have been or will be acquired by the City of Bozeman for the Fowler Avenue public right-of-way. The final
extent of properties to be annexed will be made through coordination with the City and their right-of-way agent
during the right-of-way acquisition process. This scope of work assumes up to three annexation and initial
zoning applications.
The work includes the preparation of required materials, outlined in the Annexation Application Checklist and
the Zone Map Amendment Checklist, attendance at a Bozeman Planning Board, Zoning Commission and City
Commission public hearings. Specific items to be included in this scope include:
▪ Application checklists
▪ Project narrative
▪ Responses to review criteria
▪ Application exhibits
▪ Printed mylars upon approval of annexation and zone map amendment
▪ Attendance at one City Planning Board Meeting
▪ Attendance at one City Zoning Commission Meeting
▪ Attendance at one City Commission meeting (assume one meeting for all applications)
▪ Legal description for resolutions of annexation and amendment
Fees and Billing Arrangements:
Sanderson Stewart will bill for its services on a lump sum basis with a project total of $341,700.00, based on
the attached labor summary. Sanderson Stewart shall submit invoices to the Client for work accomplished
during each calendar month. The amount of each monthly invoice shall be determined on the “percentage of
completion method” whereby Sanderson Stewart will estimate the percentage of the total work (provided on a
lump sum basis) accomplished during the invoicing period.
Schedule:
The anticipated schedule for this project consists of a pre-design report deliverable within eight (8) months of
notice to proceed. A more detailed schedule will be provided upon notice to proceed.
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Fowler Avenue-- Main to Oak
Pre-Design
8/5/2021
LaborCategory Total PlanHours Total PlanBill Amt
Phase: Project Initiation
Task: City Consultation & Meetings
Principal 4.00 820.00
Senior Engineer I 4.00 580.00
Task: Project Scoping
Senior Engineer I 10.00 1,450.00
Senior Engineer I 2.00 290.00
Senior Engineer II 20.00 3,700.00
Senior Engineer II 2.00 370.00
Task: Project Planning
Senior Engineer I 2.00 290.00
Senior Engineer II 4.00 740.00
Subtotal 48.00 8,240.00
Expenses 0.00
Total for Project Initiation 48.00 8,240.00
Phase: Traffic Data Collection
Task: Project Mgmt & Consultation
Senior Engineer I 14.00 2,030.00
Senior Engineer I 2.00 290.00
Task: Traffic Data Collection
Senior Engineer I 2.00 290.00
Staff Engineer I 16.00 1,600.00
Task: Compile/Process Count Data
Staff Engineer I 16.00 1,600.00
Task: Count Data Summary Figures
Senior Engineer I 4.00 580.00
Staff Engineer II 16.00 1,760.00
Subtotal 70.00 8,150.00
Expenses 2,300.00
Total for Traffic Data Collection 70.00 10,450.00
Phase: Traffic Modeling and Analysis
Task: Project Mgmt & Consultation
Senior Engineer I 10.00 1,450.00
Senior Engineer I 4.00 580.00
Task: City Consultation & Meetings
Senior Engineer I 10.00 1,450.00
Senior Engineer I 4.00 580.00
Task: LBS O-D Data Analysis & Future Volumes
Senior Engineer I 20.00 2,900.00
Staff Engineer I 80.00 8,000.00
Task: Crash Data Analysis
Senior Engineer I 16.00 2,320.00
Task: Evaluate Signals vs Roundabouts
Staff Engineer II 16.00 1,760.00
Page 1 of 6
252
Task: Traffic Signal Warrant Analysis
Senior Engineer I 4.00 580.00
Staff Engineer II 16.00 1,760.00
Task: Traffic Simulation
Senior Engineer I 8.00 1,160.00
Staff Engineer I 60.00 6,000.00
Task: Evaluate Bike/Ped Accomodations
Senior Engineer I 4.00 580.00
Staff Engineer II 8.00 880.00
Task: Traffic Exhibits
Staff Engineer I 8.00 800.00
Task: Traffic Report
Senior Engineer I 8.00 1,160.00
Staff Engineer II 24.00 2,640.00
Task: Quality Control Review
Principal 4.00 820.00
Senior Engineer I 8.00 1,160.00
Subtotal 312.00 36,580.00
Expenses 9,600.00
Total for Traffic Modeling and Analysis 312.00 46,180.00
Phase: Preliminary Stormwater Analysis
Task: Project Mgmt & Coordination
Principal 2.00 410.00
Project Engineer II 6.00 750.00
Senior Engineer I 6.00 870.00
Task: Stormwater Review and Write-Up
Project Engineer II 16.00 2,000.00
Staff Engineer I 24.00 2,400.00
Subtotal 54.00 6,430.00
Expenses
Total for Preliminary Stormwater Analysis 54.00 6,430.00
Phase: Preliminary Lighting Analysis
Task: Project Mgmt & Coordination
Principal 2.00 410.00
Senior Engineer I 4.00 580.00
Task: Lighting Review and Write-up
Senior Engineer I 8.00 1,160.00
Staff Engineer I 28.00 2,800.00
Subtotal 42.00 4,950.00
Expenses
Total for Preliminary Lighting and Analysis 42.00 4,950.00
Phase: Environmental Review
Task: Project Mgmt & Consultation
Project Engineer II 4.00 500.00
Senior Engineer I 8.00 1,160.00
Subtotal 12.00 1,660.00
Subconsultant (Weston Solutions)15,465.00
Total for Environmental Review 12.00 17,125.00
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253
Phase: Geotechnical Analysis
Task: Project Mgmt & Consultation
Project Engineer II 4.00 500.00
Senior Engineer I 8.00 1,160.00
Subtotal 12.00 1,660.00
Subconsultant (SK Geotechnical)29,750.00
Total for Geotechnical Analysis 12.00 31,410.00
Phase: Topographic Survey
Task: Project Mgmt & Consultation
Senior Engineer II 8.00 1,480.00
Senior Professional Land Surveyor 8.00 1,160.00
Task: Survey Control - Set Monuments
Staff Surveyor II 10.00 1,050.00
Task: Project control - Levels, Notes, Adjust
Staff Surveyor II 16.00 1,680.00
Staff Surveyor II 16.00 1,680.00
Task: Cadastral - Plats, COSs, RW maps, LDR's
Designer I 24.00 3,480.00
Senior Professional Land Surveyor 24.00 3,480.00
Task: Cadastral - RW, Property Search & Tie
Staff Surveyor II 16.00 1,680.00
Task: Cadastral - Base Map Drafting
Designer I 24.00 2,280.00
Senior Professional Land Surveyor 24.00 3,480.00
Task: Topographic Survey
Staff Surveyor II 80.00 8,400.00
Task: Scanning and Scan Registry
Staff Surveyor II 8.00 840.00
Staff Surveyor II 8.00 840.00
Task: Scan Data Cleanup and 3D Linework
Designer I 64.00 6,080.00
Task: Draft Topo & Base Plan
Designer I 48.00 4,560.00
Task: ROW Exhibit
Right-of-Way Agent 8.00 1,160.00
Senior Professional Land Surveyor 8.00 1,160.00
Task: QC Review
Principal 4.00 820.00
Senior Professional Land Surveyor 8.00 1,160.00
Task: Right-of-Entry Letters
Clerical/Admin 8.00 600.00
Senior Engineer I 2.00 290.00
Subtotal 416.00 47,360.00
Expenses 6,305.00
Total for Topographic Survey 416.00 53,665.00
Page 3 of 6
254
Phase: Conceptual Design
Task: Project Mgmt & Coordination
Principal 8.00 1,640.00
Project Engineer II 8.00 1,000.00
Senior Engineer I 8.00 1,160.00
Senior Engineer II 8.00 1,480.00
Task: Corridor Concept Design (3 and 5 lane)
Senior Designer II 120.00 13,200.00
Senior Engineer II 40.00 7,400.00
Staff Engineer I 80.00 8,000.00
Task: Intersection Concept Design (rndbt/signal)
Senior Designer II 80.00 8,800.00
Senior Engineer I 20.00 2,900.00
Senior Engineer II 20.00 3,700.00
Senior Engineer II 20.00 3,700.00
Staff Engineer I 80.00 8,000.00
Task: Typical Sections
Senior Designer II 8.00 880.00
Senior Engineer II 4.00 740.00
Staff Engineer I 8.00 800.00
Task: QC Review
Principal 4.00 820.00
Senior Engineer II 4.00 740.00
Subtotal 520.00 64,960.00
Expenses
Total for Conceptual Design 520.00 64,960.00
Phase: Community Engagement
Task: Project Mgmt & Coordination
Marketing Director 8.00 1,080.00
Principal 10.00 2,050.00
Senior Land Planner 20.00 2,900.00
Task: Prepare and Update Engagement HQ Site
Marketing Director 12.00 1,620.00
Principal 6.00 1,230.00
Senior Land Planner 48.00 6,960.00
Task: Mailers/Yard Signage/Social Media
Clerical/Admin 24.00 1,800.00
Marketing Director 24.00 3,240.00
Principal 4.00 820.00
Senior Land Planner 8.00 1,160.00
Task: Stakeholder Meetings (8 Meetings)
Marketing Director 16.00 2,160.00
Principal 24.00 4,920.00
Senior Land Planner 24.00 3,480.00
Task: Walking Audits (3 Meetings)
Principal 9.00 1,845.00
Senior Land Planner 9.00 1,305.00
Task: Town Hall Meetings (2 Meetings)
Graphic Artist 24.00 2,280.00
Page 4 of 6
255
Marketing Director 24.00 3,240.00
Principal 24.00 4,920.00
Senior Land Planner 24.00 3,480.00
Task: City Commission Meetings (2 Meetings)
Principal 4.00 820.00
Senior Land Planner 10.00 1,450.00
Subtotal 356.00 52,760.00
Expenses
Total for Community Engagement 356.00 52,760.00
Phase: Public and Private Utility Coordination
Task: Public Utility Coordination
Senior Engineer I 2.00 290.00
Senior Engineer II 4.00 740.00
Senior Engineer II 8.00 1,480.00
Senior Engineer II 8.00 1,480.00
Task: Utility Write-Up for Report
Project Engineer II 8.00 1,000.00
Senior Engineer II 4.00 740.00
Subtotal 34.00 5,730.00
Expenses
Total for Public and Private Utility Coordination 34.00 5,730.00
Phase: Pre-Design Report
Task: Project Mgmt & Coordination
Principal 4.00 820.00
Senior Engineer I 12.00 1,740.00
Task: City Meetings
Principal 4.00 820.00
Senior Engineer I 8.00 1,160.00
Task: Report Writing
Project Engineer II 20.00 2,500.00
Senior Engineer I 20.00 2,900.00
Staff Engineer I 40.00 4,000.00
Task: Opinions of Probable Cost
Project Engineer II 8.00 1,000.00
Senior Engineer I 8.00 1,160.00
Senior Engineer II 8.00 1,480.00
Staff Engineer I 24.00 2,400.00
Task: QC Review
Principal 4.00 820.00
Senior Engineer II 8.00 1,480.00
Subtotal 168.00 22,280.00
Expenses
Total for Pre-Design Report 168.00 22,280.00
Phase: Annexation and Zone Map Amendments
Task: Project Mgmt & Coordination
Senior Land Planner 10.00 1,450.00
Task: Prepare Applications
Land Planner 30.00 3,900.00
Senior Land Planner 8.00 1,160.00
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256
Senior Land Planner 10.00 1,450.00
Task: Application Exhibits
Land Planner 20.00 2,600.00
Senior Land Planner 8.00 1,160.00
Senior Professional Land Surveyor 20.00 2,900.00
Task: Planning/Zoning/Commission Meetings
Senior Land Planner 20.00
2,900.00
Subtotal 126.00 17,520.00
Expenses
Total for Annexation and Zone Map Amendments 126.00 17,520.00
Total for Fowler Ave-- Pre-Design 2,170.00 341,700.00
Page 6 of 6
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Memorandum
REPORT TO:City Commission
FROM:Anna Rosenberry, Assistant City Manager
SUBJECT:
Resolution 5372 Amending the City’s Annual Budget to Increase the
Appropriations for the Christie Fields Playground Project in the Parks and
Trails District Fund - Appropriations Will Be Paid With Existing Fund Reserves
MEETING DATE:February 15, 2022
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:I move to approve Resolution No 5372 - Amending the City's Annual Budget
to Increase the Appropriations for the Christie Fields Playground Project in
the Parks and Trails District Fund.
STRATEGIC PLAN:3.4 Active Recreation: Facilitate and promote recreational opportunities and
active health programs and facilities.
BACKGROUND:The City's current Parks and Trails District budget includes $110,000 in
funding for the playground equipment at the Christie Fields (CIP item
GF092). The pricing for this project needs to be increased so that we can
keep up with inflationary increases for equipment and supplies, as well as to
incorporate features that improve the overall accessibility of the
playground. The structure will be upgraded to include the addition of
synthetic turf, providing superior mobility and low maintenance. An
additional $125,000 is requested.
The current play structure at Christie Fields is approximately 30 years old
(well beyond the standard useful life of 15 years.) Due to its age,
replacement parts are no longer available and sections of the equipment are
closed as they fail or become unsafe. Given this state, it is the structure
that the public most frequently requests we consider replacing.
The Parks and Trails Fund is estimated to have over $473,000 in fund
reserves available to be spent. We recommend paying for the playground
cost increases/enhancements with fund reserves.
UNRESOLVED ISSUES:None.
ALTERNATIVES:None.
258
FISCAL EFFECTS:If approved, this budget amendment would allow the city to spend an
additional $125,000 on the Christie Fields Playground project. Cash on hand
in the Parks and Trails District fund would decrease, as would the fund
balance. The estimated Fund Balance at the end of FY22 would drop by
$125,000 from $473,000 to $348,000.
Attachments:
NOTICE - P&T Christie Field Budget Amendment Hearing.docx
Resolution 5372 Budget Amendment P&T Dist.docx
Report compiled on: February 9, 2022
259
NOTICE OF PUBLIC HEARING FOR BUDGET AMENDMENT
NOTICE IS HEREBY GIVEN that, pursuant to the provisions of Section 7-6-
4021, Montana Code Annotated, the City Commission of the City of Bozeman,
Montana will conduct a public hearing on amending the municipal budget for
Fiscal Year 2021-2022 embodied in Commission Resolution No. 5372, at 6:00
pm on Tuesday, February 15, 2022, at City Hall, 121 N. Rouse Avenue,
Bozeman, Montana.
The commission will consider amending the city’s annual budget to make a
$125,000 addition to the capital appropriations for the Christie Fields Playground
project in the Parks & Trails District fund, as approved June 22, 2021. The new
appropriations will be paid for with existing fund reserves.
Copies of Commission Resolution No. 5372 are on file in the office of the City
Clerk, City Hall, 121 N. Rouse Avenue, and may be examined by all interested
citizens.
Any and all interested persons are invited to attend the public hearing and to
submit testimony in support or in opposition to the proposed budget amendment
or to submit written testimony prior to or during the public hearing. Written
testimony can be submitted to the City Clerk, mmaas@bozeman.net, PO Box
1230, Bozeman, Montana 59771.
If you have a disability that requires assistance, please contact the City of
Bozeman’s ADA Coordinator, Mike Gray, mgray@bozeman.net, at 582-2307
(TDD 582-2301). If you have questions about the budget proposal, please
contact Anna Rosenberry, Assistant City Manager,arosenberry@bozeman.net
at 582-2325.
Dated this 27th day of January, 2022
__________________________________
Mike Maas, City Clerk
Legal Ad
Publish: Sunday, February 6, 2022
Sunday, February 13, 2022
260
Version April 2020
RESOLUTION 5372
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING THE CITY’S ANNUAL BUDGET TO INCREASE THE
APPROPRIATIONS FOR THE CHRISTIE FIELDS PLAYGROUND PROJECT IN THE
PARKS AND TRAILS DISTRICT FUND. APPROPRIATIONS WILL BE PAID WITH
EXISTING FUND RESERVES.
WHEREAS,the City Commission did, on the 22nd day of June, 2021, after due and
proper legal notice, conduct a public hearing and adopt a municipal budget for Fiscal Year 2021-
2022 (Fiscal Year 2022); and
WHEREAS, the Parks and Trails District Fund is estimated to have over $473,000 in
fund reserves available that could be appropriated to additional capital projects; and
WHEREAS,the City Commission did, on the 15th day of February, 2022, after due and
proper legal notice, conduct a public hearing on proposed amendments to the municipal budget.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, to wit:
Section 1 – Appropriation Additions
The City Commission of the City of Bozeman, Montana, does hereby authorize
additional expenditures for the GF092 – Playground Equipment - Christie Fields Playground
Project, increasing appropriation by $125,000 in the Parks and Trails District Fund.
Section 2 – Use of Fund Reserves in the Parks and Trails District Fund
The increased appropriation will be paid with existing Fund Reserves in the Parks and
261
Version April 2020
Trails District Fund.
Section 3
Pursuant to Section 7-6-4030, M.C.A., this resolution, upon its passage, shall be in full
force and effect on July 1, 2021.
Section 4
That should it be found by any court of competent jurisdiction that any section, clause,
portion, sentence, word, or phrase of this resolution is deemed to be contrary to any existing law
or regulations, that in this instance, it is the intent of the City Commission of the City of Bozeman,
Montana, that all other portions, sections, words, clauses, phrases, or paragraphs of this document
shall remain in full force and effect.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 15th day of February, 2022.
___________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
262
Memorandum
REPORT TO:City Commission
FROM:Jessica Ahlstrom, Water Conservation Program Manager
John Alston, Director of Utilities
SUBJECT:Direction to City Staff on the Development of Water Conservation Standards
for New Development and City-Wide Outdoor Watering Restrictions
MEETING DATE:February 15, 2022
AGENDA ITEM TYPE:Policy Discussion
RECOMMENDATION:City Staff seek direction from the City Commission to develop landscape and
irrigation performance and design standards for new development as well as
city-wide time-of-day and day-of-week outdoor watering restrictions.
STRATEGIC PLAN:6.1 Clean Water Supplies: Ensure adequate supplies of clean water for today
and tomorrow.
BACKGROUND:In 2013, the City Commission adopted an Integrated Water Resources Plan
(Plan) in order to guide future water use and supply policies and practices.
The Plan calls for water conservation to fill fifty percent of the gap between
water supply and demand over the next 40 years. Upon adoption of the
Plan, the City Commission specifically supported an education and incentive-
based approach to conservation while recognizing that the Plan
acknowledges a future need to take a regulatory approach to water
conservation.
Outdoor watering of lawns and landscapes represents fifty percent of annual
residential water use in Bozeman. A recent analysis of single family water
use based on year-built indicates that homes built over the last decade are
applying over twice the amount of water to landscapes as compared to older
homes, despite being located on smaller lots with less landscaping. This is
likely due in large part to the installation of inefficient irrigation systems and
high water use turfgrass in new construction.
Bozeman is a fast-growing drought-prone community facing numerous water
supply constraints posed by its headwaters location in the Upper Missouri
River Watershed, impacts of climate change on water supply yields, and
challenging legal framework regarding new water right appropriations. In
order to ensure that Bozeman has a reliable water supply available for the
future, City Staff ask the City Commission to consider landscape and
irrigation performance and design standards for new development to ensure
that outdoor watering associated with future growth is more efficient; as
well as to consider establishing time-of-day and day-of-week watering
restrictions for all water customers, regardless of drought condition.
263
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:None at this time.
Attachments:
Proposed Revisions to Landscape and Irrigation Performance
and Design Standards_Presentation Slides_Feb 15.pdf
Report compiled on: December 27, 2021
264
Work Session
Proposed Landscape and Irrigation Performance
and Design Standards
Jessica Ahlstrom
Water Conservation Program Manager
February 15, 2022
265
Integrated Water Resources Planning
•IWRP & Implementation Plan adopted in 2013
•Water conservation to fill 50% of gap between supply and demand
•Upon adoption, City Commission supported an initial focus on
water conservation outreach and education
Water Supply Constraints:
•Limited supplies
•Limited storage
•Drought prone
•Snowpack reliant
•Climate change
•Closed basin status re:
new water right appropriations
266
Rising Outdoor Water Use 50% of annual residential
water use goes into lawns
and landscapes
TRENDS:
•Single family homes built
since 2009:
•lots are 20% smaller,
•outdoor water use is 2x
higher,
•outdoor water use exceeds
plant water demands
•More large developments
are expected to connect to
city water for irrigation in
the future
267
268
Questions for Consideration
•Does the City Commission agree with proposed water
conservation standards for new development (Tier 2:
Recommended Standards)?
•Does the City Commission support implementing time of day
& day of week watering restrictions for all water customers
city-wide?
269
Code Change Approaches
•Four Elements
•Landscape design standards
•Irrigation design standards
•Irrigation performance standards
•Large landscape standards
•Three Tiers:
1) Minimum standards
2) Recommended standards
3) Maximum standards
•Two Administrative Processes:
•Residential & Commercial >5 units
•Formal plan review process
•Residential 4 unit or less
•Building permit process
270
Minimum Standards Included in ALL Tiers
Landscape
design
standards
-Limit installation of high water use turfgrass, focusing on ‘functional turf’ areas
-Varies based on project/land use type
-Topsoil depth & quality requirements
-Mulch requirements
Irrigation
performance
standards
-Weather based controllers
-High efficiency nozzles
-Adequate operating pressure
Irrigation
design
standards
-Require irrigation design plans for projects >5 units
-Head to head coverage
-Hydrozoning
-Low flow or drip irrigation requirements (trees, perennials, etc.)
-Prohibit overhead spray from being installed in narrow vegetated areas
Overarching Goals:
-Limit high water use turfgrass
-Require drought tolerant landscaping
-Require high efficiency irrigation
-Limit overhead spray irrigation
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Tier I:
Minimum
Standards
Tier II:
Recommended
Standards
Tier III:
Maximum Standards
Additional
Landscape
Design
Standards
Turfgrass limits based
on total vegetated
area:
-SF: 75%turf
-MF & COM: 50%
turf
Turfgrass limits based on
total vegetated area:
-SF: 50%turf
-MF & COM: 40% turf
-Option not to exceed
water budget of <11
gal/sq. ft. of landscaped
area
Turfgrass limits based on total vegetated area:
-SF: 35%turf
-MF & COM: 20%turf
-Option not to exceed water budget of <9 gal/sq.
ft. of landscaped area
-Require submittal of lab test to demonstrate
topsoil quality
-All landscape retrofit projects require landscape
permit to ensure project complies with new
standards
Additional
Irrigation
Design &
Performance
Standards
-Prohibit overhead
spray from being
installed in areas less
than 6 ft. wide
-Prohibit overhead spray
from being installed in areas
less than 10 ft. wide
-Irrigation design plans and
O&M plans required for all
projects subject to plan
review
-Prohibit overhead spray from being installed in
areas less than 12 ft. wide
-Prohibit turf from being installed in all boulevard
areas
-Irrigation permit and performance requirement of
70% distribution uniformity (verified by third party
certified contractor) required
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Tier I:
Minimum Standards
Tier II:
Recommended
Standards
Tier III:
Maximum Standards
Large
Landscape
Requirements
-None -Flow sensor installation
required
-Irrigation sub-meter required
-Irrigation rate structure for sub-metered
accounts
Compliance
Review &
Inspections
-Plan review & compliance
inspections for >5 units
-‘Self-certification’
compliance checklist for
residential 4 units or less
-Plan review & compliance
inspections for >5 units
-‘Self-certification’ compliance
checklist for residential 4 units
or less
-Inspect 5% of SF homes
annually
-Plan review & compliance inspections
for projects of all sizes
-‘Self-certification’ compliance checklist
for residential 4 units or less with
inspections for all SF homes.
Time of Day &
Day of Week
Watering
Restrictions
-Watering limited to the
hours of 6pm to 10am
-Watering limited to three
assigned days per week
-Watering limited to the hours
of 8pm to 8am
-These requirements will
apply to every water customer
-Watering limited to three assigned days
per week
-Watering limited to the hours of 10pm
to 8am
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Typical Bozeman Single Family Home
Proposed landscape:
35% less turfgrass
25% outdoor water use reduction
40% reduction in water bill (outdoor use)
35% higher installation cost, but lower maintenance costs
Existing Home (85% turfgrass)Proposed Home (50% turfgrass)
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Benefits of Recommended Standards
Qualitative Benefits to Proposed
Standards
-Increased plant
diversity
-Improved
watershed health
-Climate adaptive
landscapes
during drought
-Lower
maintenance
-Increased
wildlife habitat
-Reduced
stormwater
runoff
-Increased shade
-Reduced
pesticides and
fertilizers
Ability for residents to landscape
yards to align with values
Best in class
utility
Leader in
conservation
Water Saved in
2040
Single Family Home
Equivalents
Benefit / Cost
Ratio to City
Tier 1: Minimum
Standards
465 AF/YR 1,860 homes 3.68
Tier 2: Recommended
Standards
751 AF/YR 3,004 homes 5.17
Tier 3: Maximum
Standards
1,291 AF/YR 5,164 homes 5.45
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Next Steps
•If the City Commission directs staff to move forward, staff will
begin community engagement
•Consult key groups on impacts and implementation of new standards
•Inform the Bozeman community
of new standards
•A communication and education
campaign will follow any formal
adoption of new standards
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Thank you.
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Questions for Consideration
•Does the City Commission agree with proposed water
conservation standards for new development (Tier 2:
Recommended Standards)?
•Does the City Commission support implementing time of day
& day of week watering restrictions for all water customers
city-wide?
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