HomeMy WebLinkAbout05-24-22 City Commission Meeting Agenda & Packet MaterialsA.Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse
B.Pledge of Allegiance and a Moment of Silence
C.Changes to the Agenda
D.Public Service Announcements
D.1 City of Bozeman offices will be closed Monday, May 30 in observance of Memorial Day.
There will be no City Commission meeting on Tuesday, May 31. This is a garbage holiday and
pick up will be one day later(Maas)
E.FYI
F.Commission Disclosures
G.Consent
THE CITY COMMISSION OF BOZEMAN, MONTANA
REGULAR MEETING AGENDA
Tuesday, May 24, 2022
This meeting will be held both in-person and also using Webex, an online videoconferencing system.
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Via Phone: This is for listening only if you cannot watch the stream, channel 190, or attend in-person
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Access code: 2557 347 0298
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.
Public comments will be accepted in-person during the appropriate agenda items.
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 hybrid meeting.
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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G.1 Accounts Payable Claims Review and Approval (Waters)
G.2 Authorize the City Manager to Sign a Conditional Irrevocable Offer of Dedication with
Saccoccia Lands II, LLC for Home 2 Suites (19394)(Johnson)
G.3 Authorize the City Manager to Sign a Professional Services Agreement with DOWL, LLC for
the Stormwater Facilities Plan Update(Oliver)
G.4 Authorize the City Manager to Sign a Public Bus Stop Shelter Easement with HRDC (Lonsdale)
G.5 Authorize the City Manager to sign a Drainage Easement with Theah, LLC for the
Cottonwood Veterinary Hospital (21184)(Flammond)
G.6 Authorize the City Manager to Sign a Professional Services Agreement with Greenspace
Landscaping for the Downtown Tree Replacement Project 2022(Staley / Fine)
G.7 Authorize City Manager to Sign a Professional Service Agreement with High Country Paving
for Stiff Professional Building Parking Lot Paving(Ziegler)
G.8 Authorize the City Manager to Sign an Amendment 3 to Task Order 12 with Sanderson
Stewart for the Purpose of Right-of-Way Acquisition on the Griffin Drive - 7th to Rouse
Project(Lonsdale)
G.9 Ordinance 2102 Final Adoption of Billings Clinic Annexation Zone Map Amendment
Establishing B-2 Community Business District on 4.7346 Acres Adjacent to Davis Lane and
South of Westlake Road in Conjunction with Annexation, Application 20132(Saunders)
G.10 Ordinance 2116 Provisional Adoption of Amended Zoning on 14.63 Acres from B-2,
Community Business District to B-2M Community Business District - Mixed Located
Northwest of Patrick Street and North 11th Avenue, Application 21458(Saunders)
H.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.
I.Action Items
I.1 Continuation of Public Hearings for Silo Annexation and Zone Map Amendment From May
24, 2022 to June 7, 2022 Regarding Annexation of 115 Acres and Initial Zoning of Residential
Emphasis Mixed Use Located Northwest of the Intersection of Davis Lane and E. Valley
Center Road, Application 21442(Saunders)
I.2 Interlocal Agreement Among Gallatin County, City of Bozeman, and City of Belgrade
Establishing a City-County Board of Health(Mihelich)
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I.3 Ordinance 2108 Provisional Adoption Amending Well Use Requirement Update the City of
Bozeman (City) regulations for review of subdivisions to conform to the Montana
Subdivision and Platting Act, recently updated by the State Legislature, Application
22137.(Rogers)
I.4 FY23 City Manager Recommended Budget - Introduction (Mihelich)
J.FYI / Discussion
K.Adjournment
City Commission meetings are open to all members of the public. If you have a disability that requires
assistance, please contact our ADA Coordinator, Mike Gray, at 582-3232 (TDD 582-2301).
Commission meetings are televised live on cable channel 190 and streamed live at www.bozeman.net.
City Commission meetings are re-aired on cable Channel 190 Wednesday night at 4 p.m., Thursday at
noon, Friday at 10 a.m. and Sunday at 2 p.m.
In order for the City Commission to receive all relevant public comment in time for this City
Commission meeting, please submit via www.bozeman.net or by emailing agenda@bozeman.net no
later than 12:00 PM on the day of the meeting. Public comment may be made in person at the
meeting as well.
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Memorandum
REPORT TO:City Commission
FROM:Mike Maas, City Clerk
SUBJECT:City of Bozeman offices will be closed Monday, May 30 in observance of
Memorial Day. There will be no City Commission meeting on Tuesday, May
31. This is a garbage holiday and pick up will be one day later
MEETING DATE:May 24, 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: May 13, 2022
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Memorandum
REPORT TO:City Commission
FROM:Nadine Waters, Accounts Payable Clerk
Levi Stewart, Assistant City Controller
Aaron Funk, City Controller
Rachel Harlow-Schalk, Interim Finance Director
SUBJECT:Accounts Payable Claims Review and Approval
MEETING DATE:May 24, 2022
AGENDA ITEM TYPE:Finance
RECOMMENDATION:City Commission approval is recommended for claims as presented.
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:Montana Code Annotated, Section 7-6-4301 requires the City Commission to
review claims prior to payment. Claims presented to the City Commission
under this item have been reviewed and validated by the Finance
Department. The Department has ensured that all goods and services have
been received along with necessary authorizations and supporting
documentation. Additionally, the Department confirmed all expenditures
were appropriately coded and within the current fiscal year allocated
budget.
UNRESOLVED ISSUES:None
ALTERNATIVES:The City Commission could decide not to approve these claims or a portion
of the claims presented. This alternative is not recommended as it may
result in unbudgeted late fees assessed against the City.
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
https://www.bozeman.net/departments/finance/purchasing.
Report compiled on: May 6, 2022
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Memorandum
REPORT TO:City Commission
FROM:Karl Johnson, Engineer I
Lance Lehigh, Interim City Engineer
SUBJECT:Authorize the City Manager to Sign a Conditional Irrevocable Offer of
Dedication with Saccoccia Lands II, LLC for Home 2 Suites (19394)
MEETING DATE:May 24, 2022
AGENDA ITEM TYPE:Agreement - Property
RECOMMENDATION:Authorize the City Manager to sign a Conditional Irrevocable Offer of
Dedication with Saccoccia Lands II, LLC for Home 2 Suites (19394).
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:Attached is a copy (original to City Clerk) of the partially executed
agreement. Engineering staff reviewed the document and found it to be
acceptable.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:None.
Attachments:
Conditional Irrevocable Offer of Dedication
Report compiled on: May 9, 2022
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Memorandum
REPORT TO:City Commission
FROM:Adam Oliver, Stormwater Program Manager
John Alston, Utilities Director
SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with
DOWL, LLC for the Stormwater Facilities Plan Update
MEETING DATE:May 24, 2022
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign a Professional Services Agreement with
DOWL, LLC for the Stormwater Facilities Plan Update.
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND: In 2007, the City hired HDR Engineering, Inc. to complete the 2008
Stormwater Facilities Plan (2008 Plan) to better manage its storm sewer
system. The 2008 Plan focused on the development of a Stormwater
Management Program, which the City has made progress on implementing
over the last 14 years. A notable improvement occurred in 2015 when the
Commission created a comprehensive stormwater utility.
Today, growth, evolving regulations, and new system information have
made the 2008 Plan outdated. In response, the City has initiated the
Stormwater Facilities Plan Update (Project), which will provide operational
and policy recommendations focused on the following tasks:
1. Task 1 - Post-Construction Program: Includes determining ways to
better manage over 800 City, private, and Home Owner Association-
owned stormwater facilities. Developers construct stormwater
facilities to meet flood control and water quality regulations. Staff
have identified significant problems associated with these facilities,
including ownership, deferred maintenance, and funding. The goal of
this task is to understand standard-practice approaches and to
develop recommendations to improve their management.
2. Task 2 - Existing Storm Sewer Capacity Analysis: Includes the
development of a storm sewer model, which will identify system
deficiencies and flood-prone areas. Focus areas will include parts of
the city with historical storm sewers. The model will allow the City to
determine what type of improvements are necessary to improve level
of service, reducing property damage and public safety risk. The model
will also help guide development, and avoid improperly sized or
routed infrastructure. Results inform a list of capital
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recommendations, which will be incorporated into future budgets.
3. Task 3 – Basin Delineation and Level of Service: Includes the
delineation of master planning of regional stormwater flood control
and treatment facilities for undeveloped drainage basins within the
City’s Growth Plan Boundary. Possible locations could also target areas
that were developed before modern design standards. Regional
stormwater facilities offer one centralized location managed by the
City, rather than hundreds of facilities owned and maintained by many
owners. The goal of this task will be to identify potential locations and
determine technical, financial, and legal considerations. This is the first
of many steps required to bring a facility of this scale to reality.
Additional planning, design, and partner coordination would occur
before a shovel-ready project is possible.
4. Task 4 - Additional Asset Classes and Funding Recommendations:
Includes the review of critical Division components not factored into
its initial development, including:
o Funding sources to pay for proportionate storm sewer
infrastructure expenses related to capacity expansion and
reconstruction street projects. The Division relies on alternative
funding sources to pay for this infrastructure currently. This subtask
will help the City understand best practice and improvement options.
o Technical guidance and budgetary considerations to implement an
inspection, maintenance, and replacement program for the City’s 260
culverts and 100 miles of ditches, surface conveyances, and
waterways. The City currently manages these assets on a reactive
basis, resulting in raised risk and deferred maintenance. This subtask
will help the City understand best practice and improvement options.
5. Task 5 - Stormwater Utility Capital Improvements Plan (CIP)
Recommendations: Includes the arrangement of various
recommendations developed in Tasks 1-4 into multiple level of service
options, which will be presented to the Commission for consideration.
Staff sought assistance from a qualified consultant through the City’s
Request for Proposals (RFP) process in December of 2020. A committee of
four reviewed the pair of submitted proposals. Using the procedures and
criteria set forth in MCA 18-8-201 et seq., the committee selected DOWL LLC
(Consultant) and initiated Professional Services Agreement (PSA)
negotiations.
Attached is the PSA, scope of services, and budget for the first phase of the
Project, which includes Tasks 1, Task 2, and a part of Task 3. Staff plans to
complete the project in a second phase next fiscal year, adapting to key
objectives that, once complete, will dictate next steps.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the Commission.
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FISCAL EFFECTS:The Commission approved the Project (CIP#: STUO01, $150,000) as a part of
the FY20 Budget adoption process. Further, on January 26, 2021, the
Commission approved Resolution 5253, which amended the Stormwater
Fund’s 2021 Fiscal Year Budget, providing an additional $100,000 for the
Project. The Project budget is $250,000. Payment for services provided with
the attached scope will be on a lump sum basis, not to exceed $198,413.00.
Staff reviewed the scope and found its contained budget to be
commensurate with the proposed services. $51,587.00 remains for the
future phases of the Project.
Attachments:
PSA Engineering - Stormwater Facilities Update.docx
Exhibit B - Budget.pdf
Exhibit A - Scope of Services.pdf
Report compiled on: May 6, 2022
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Professional Services Agreement – Engineering
FY2020-2021
Page 1 of 12
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 DOWL, LLC with a mailing address of 1283 N 14th
Ave Ste 101, Bozeman, MT 59715, hereinafter referred to as “Consultant.” The City and
Consultant 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 Consultant to perform for City services
described in the Scope of Services attached hereto as “Exhibit A – Scope of Services” and by this
reference made a part hereof for the Project: [Stormwater Facilities Plan Update].
2.Term/Effective Date:This Agreement is effective upon the date of its execution and will
terminate upon satisfactory completion of the agreed Scope of Services, which may be amended
from time to time by the mutual agreement of the Parties pursuant to terms of this agreement,
as determined by the City.
3.Scope of Services:Consultant 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.
Consultant may, at its own risk, use or rely upon design elements and information ordinarily or
customarily furnished by others, including, but not limited to, specialty contractors, Sub-
consultants, manufacturers, suppliers, and publishers of technical standards.
4.Paymentfor Scope of Services:Reimbursement shall be ona Fixed Price Lump Sum Basis,
with a not-to-exceed total of $198,413. The Contractor shall invoice no more often than monthly
for services performed in the previous month. To be consistent with services actually rendered,
the Contractor may alter the distribution of compensation between individual phases/tasks of
the work noted herein but shall not exceed the total estimated compensation without City’s prior
approval.
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5.Reimbursable Expenses: As defined in section 8of this Agreement, for completion of the
Scope of Services and approved Additional Services, reimbursable expenses shall be paid to the
Consultant by the City in the actual amount of the costs incurred up to an amount not to exceed
$198,413. The administrative markup factor being applied by the Consultant for any of its Sub-
consultants shall be indicated on “Exhibit B – Budget” and be no higher than 1.05.
6.Additional Services: If the City requests Consultant to perform any Additional Services
not otherwise provided for in this Agreement, City shall so instruct the Consultant in writing, and
the Consultant shall perform, or direct its Sub-consultants to perform, such services necessary to
complete the Additional Services requested. The City and Consultant shall mutually agree upon
a basis of payment for the Additional Services requested prior to the Consultant proceeding with
such Additional Services.
7.Times of Payments:The Consultant may submit monthly statements for the Scope of
Services and approved Additional Services rendered and for Reimbursable Expenses incurred.
The statements shall be based upon Consultant’s estimate of the proportion of the total Scope
of Services actually completed for each task at the time of billing.
8.Meaning of Terms:
a.Additional Services: Additional Services means services resulting from significant
changes in the general scope, extent or character of the Project or major changes in
documentation previously accepted by the City where changes are due to causes beyond the
Consultant’s control. Additional Services can also mean providing other services not otherwise
provided for in the Agreement that are substantially similar to and generally consistent with the
nature of services contained in the Scope of Services.
b.Agreement: As used herein the term “this Agreement” refers to the contents of
this document and its Attachments and Exhibits attached hereto and referred to as if they were
part of one and the same document.
c.Direct Labor Costs: Direct Labor Costs used as a basis for payment mean the
actual salaries and wages paid to all of the Consultant’s personnel engaged directly on the Scope
of Services but does not included indirect payroll related costs or fringe benefits.
d.Reimbursable Expenses: Reimbursable expenses mean the actual expenses
incurred by the Consultant or its Sub-consultants directly in connection with the Project, such as
expenses for: transportation and subsistence incidental thereto; toll telephone calls; specialized
technology or software subscription charges; reproduction of reports, technical memoranda,
drawings, renderings and similar Project-related items.
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e.Sub-consultants: Sub-consultants means any independent professional
associates working on the Project that are not directly employed by the Consultant and have
rather been hired by the Consultant to serve a particular role or offer a particular service for the
Project.
9.Consultant’s Representations:To induce City to enter into this Agreement, Consultant
makes the following representations:
a.Consultant has familiarized itself with the nature and extent of this Agreement,
the Scope of Services, and with all local conditions and federal, state and local laws, ordinances,
rules, and regulations that in any manner may affect cost, progress or performance of the Scope
of Services.
b.Consultant 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 manner and with that degree of care and skill ordinarily exercised under the same
conditions by professionals practicing in the same field, at the same time, and similar locality;
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.
10.Independent Contractor Status/Labor Relations:The parties agree that Consultant is an
independent Contractorfor purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Consultant 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. Consultant is not authorized to represent the City or
otherwise bind the City in any dealings between Consultant and any third parties.
Consultant 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. Consultant shall maintain workers’ compensation coverage
for all members and employees of Consultant’s business, except for those members who are
exempted by law.
11.Indemnity/Waiver of Claims/Insurance:For other than professional services rendered,
to the fullest extent permitted by law, Consultant 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
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consultants), losses, expenses, to the extent caused by or resulting from or in any way related to:
(i) the negligent, reckless, or intentional misconduct of the Consultant; or (ii) any negligent,
reckless, or intentional misconduct of any of the Consultant’s agents.
For the professional services rendered, to the fullest extent permitted by law, Consultant
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 Consultant or Consultant’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 which would otherwise exist as to such indemnitee(s).
Consultant’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 Consultant to assert its right to
defense or indemnification under this Agreement or under the Consultant’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 Consultant 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 City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Consultant 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, Consultant shall at Consultant’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 Consultant in this Section. The insurance coverage shall not contain
any exclusion for liabilities specifically assumed by the Consultant in this Section.
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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.
Consultant 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 of Bozeman 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. The City must approve all insurance coverage and endorsements
prior to the Consultant commencing work. Consultant shall notify City within two (2) business
days of Consultant’s receipt of notice that any required insurance coverage will be terminated or
Consultant’s decision to terminate any required insurance coverage for any reason.
12.Termination for Consultant’s Fault:
a.If Consultant 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
Consultant’s right to proceed with all or any part of the work (“Termination Notice Due to
Consultant’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 12, Consultant shall be
entitled to payment only for those services Consultant actually rendered.
c.Any termination provided for by this Section 12 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 12, Consultant 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.
13.Termination for City’s Convenience:
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a.Should conditions arise which, in the sole opinion anddiscretion 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 Consultant (“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 Consultant.
b.Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Consultant 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. Consultant shall do only such work as may
be necessary to preserve, protect, and maintain work already completed or immediately in
progress.
c.In the event of a termination pursuant to this Section 13, Consultant is entitled to
payment only for those services Consultant actually rendered on or before the receipt of the
Notice of Termination for City’s Convenience.
d.The compensation described in Section 13(c) is the sole compensation due to
Consultant for its performance of this Agreement. Consultant 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.
14.Limitation on Consultant’s Damages; Time for Asserting Claim:
a.In the event of a claim for damages by Consultant under this Agreement,
Consultant’s damages shall be limited to contract damages and Consultant 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 Consultant wants to assert a claim for damages of any kind or nature,
Consultant 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 Consultant becoming aware of the facts and circumstances giving
rise to the claim. In the event Consultant fails to provide such notice, Consultant shall waive all
rights to assert such claim.
15.Representatives and Notices:
a.City’s Representative: The City’s Representative for the purpose of this Agreement
shall be Adam Oliver or such other individual as City shall designate in writing. Whenever
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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, Consultant may direct its
communication or submission to other designated City personnel or agents as designated by the
City in writing and may receive approvals or authorization from such persons.
b.Consultant’s Representative: The Consultant’s Representative for the purpose of
this Agreement shall be Wade Irion or such other individual as Consultant shall designate in
writing. Whenever direction to or communication with Consultant is required by this Agreement,
such direction or communication shall be directed to Consultant’s Representative; provided,
however, that in exigent circumstances when Consultant’s Representative is not available, City
may direct its direction or communication to other designated Consultant 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.
16.Permits:Consultant 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.
17.Laws and Regulations:Consultant 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.
18.Nondiscrimination and Equal Pay: The Consultant agrees that all hiring by
Consultantof persons performing this Agreement shall be on the basis of merit and qualifications.
The Consultant will have a policy to provide equal employment opportunity in accordance with
all applicable state and federal anti-discrimination laws, regulations, and contracts. The
Consultant will not refuse employment to a person, bar a person from employment, or
discriminate against a person in compensation or in a term, condition, or privilege of employment
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because of race, color, religion, creed, political ideas, sex, age, marital status, national origin,
actual or perceived sexual orientation, gender identity, physical or mental disability, except when
the reasonable demands of the position require an age, physical or mental disability, marital
status or sex distinction. The Consultant shall be subject to and comply with Title VI of the Civil
Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated
thereunder.
Consultant represents it is, and for the term of this Agreement will be, in compliance with
the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal
Pay Act). Consultant must report to the City any violations of the Montana Equal Pay Act that
Consultant has been found guilty of within 60 days of such finding for violations occurring during
the term of this Agreement.
Consultant shall require these nondiscrimination terms of its subcontractors providing
services under this Agreement. In addition, pursuant to City Commission Resolution 5169, the
entity awarded a contract under this project and any subcontractors must abide by the Equal Pay
Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and affirm it will abide by
the above and that it has visited the State of Montana Equal Pay for Equal Work “best practices”
website, or equivalent “best practices” publication and has read the material.
19.Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training:Consultant 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. Consultant 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 Consultant shall
be obligated to furnish such proof.
The Consultant shall be responsible for instructing and training the Consultant's
employees and agents in proper and specified work methods and procedures. The Consultant
shall provide continuous inspection and supervision of the work performed. The Consultant is
responsible for instructing its employees and agents in safe work practices.
20.Modification and Assignability:This Agreement may not be enlarged, modified,
amended or altered except by written agreement signed by both parties hereto. The Consultant
may not subcontract or assign Consultant’s rights, including the right to compensation or duties
arising hereunder, without the prior written consent of the City. Any Sub-consultant or assignee
will be bound by all of the terms and conditions of this Agreement.
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21.Reports/Accountability/Public Information:Consultant agrees to develop and/or
provide documentation as requested by the City demonstrating Consultant’s compliance with
the requirements of this Agreement. Consultant 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 Consultant pursuant to this Agreement
was used in compliance with this Agreement and all applicable provisions of federal, state, and
local law. The Consultant shall not issue any statements, releases or information for public
dissemination without prior approval of the City.
22.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.
23.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.
24.Taxes:Consultant is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
25.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.
26.Survival:Consultant’s indemnification shall survive the termination or expiration of this
Agreement for the maximum period allowed under applicable law.
27.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.
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28.Severability:If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
29.Applicable Law:The parties agree that this Agreement is governed in all respects by the
laws of the State of Montana.
30.Binding Effect:This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
31.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.
32.Counterparts:This Agreement may be executed in counterparts, which together
constitute one instrument.
33.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.
34.Standard of Care:In providing services under this Agreement, Consultant will perform in
a manner consistent with the degree of care and skill ordinarily exercised by members of the
same profession currently practicing under similar circumstances. If any service should be found
to be not in conformance with this standard, the Consultant shall, at the City’s request, re-
perform the service at its own expense. Consultant shall also, at its own expense, make such
changes, modifications or additions to the project which are made necessary as a result of the
initial non-performance or the re-performance of services. The City’s rights herein are in addition
to any other remedies the City may have under the law
35.Ownership and Reuse of Documents: Upon payment in full by City to Consultant for all
monies due Consultant under this Agreement, Consultant’s work products produced under this
Agreement shall become the sole property of the City. The City’s use, reuse, alteration, or
modification of the work products will be at City’s sole risk and without liability or legal exposure
to Consultant or to its officers, directors, members, partners, agents, employees, and
consultants.
36.Consent to Electronic Signatures: The Parties have consented to execute this Agreement
electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30,
Chapter 18, Part 1, MCA.
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**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
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In witness whereof, the Parties hereto do make and execute this Agreement.
CITY OF BOZEMAN, MONTANA CONSULTANT
BY: BY:
Jeff Mihelich, City Manager
DATE: DATE:
ATTEST:
BY:
Mike Maas, City Clerk
APPROVED AS TO FORM:
BY:
Greg Sullivan, City Attorney
24
Major Tasks DOWL FCS GROUP MMI TOTAL
TASK 1 - Project Management (12-months)$19,354 $8,620 $1,320 $29,294
TASK 2 - Post Construction Program Review & Recommendation
Section 2.1 - Post Construction Program Project Management $3,978 $1,980 $1,320 $7,278
Section 2.2 - Post Construction Program Review $2,760 $3,700 $0 $6,460
Section 2.3 - Post Construction Program Comparison $2,963 $4,110 $0 $7,073
Section 2.4 - Post Construction Facilities Analysis $3,220 $0 $41,278 $44,498
Section 2.5 - Post-Construction Program Recommendations $6,386 $5,315 $0 $11,701
Section 2.6 - Post-Construction Program Policies & Funding Recommendations $1,840 $8,335 $10,175
Section 2.7 - Post-Construction Program Final Report $5,466 $4,850 $4,262 $14,578
TASK 2 - TOTAL $26,613 $28,290 $46,860 $101,763
TASK 3 - Existing Storm Sewer Capacity Analysis
Section 3.1 - Project Management $2,704 $2,704
Section 3.2 - Planning Level Drainage Basin Delineation $13,892 $13,892
Section 3.3 - Determine Appropriate Planning-Level Design Storm(s)$11,694 $11,694
Section 3.4 - Assessing Level-of-Service for Planning Basins $12,348 $12,348
Section 3.5 - Convert Downtown ASSA Model to InfoSWMM $26,718 $26,718
TASK 3 - TOTAL $67,356 $67,356
OVERALL TOTAL $113,323 $36,910 $48,180 $198,413
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April 5, 2022
City of Bozeman
Stormwater Facilities Plan Update
Scope of Work
1. Task 1: General Project Management
As the prime consultant, DOWL will be responsible for leading the project and coordinating with
the City of Bozeman. This includes managing the project scope, schedule, budget and providing
oversight and direction to sub-consultants, Morrison & Maierle and FCS Group. The following
tasks are associated with general Project Management for this project. Each individual task will
also include project-specific project management as described in subsequent sections.
1.1. Project Management
1.1.1. Perform general project management tasks, including job setup, contracting, monthly
billing, project planning, scheduling, and coordination calls and meetings. Project
management for the Stormwater Facilities Plan Update is assumed to last for 12 months.
Invoices will include a work progress summary and a budget update, which includes total
budget, monthly charges, total spent, and remaining work for each Task assignment.
1.1.2. Engage in regular coordination with the City of Bozeman (City) through weekly, status
update progress reports through the duration of the project. These progress reports will
be for the purpose of providing updates on progress, to present key findings and obtain
feedback, chart course corrections, and to discuss budget status. It is assumed that there
will be one Teams meeting a month and the rest of the regular progress reports will be
email.
Deliverable:
• Monthly Invoices
• Monthly Status Update Meetings (Teams)
• Regular Progress Reports (Emailed)
2. Task 2: Post-Construction Program Review and Recommendations
The City’s Post-Construction Program includes the regulation, maintenance, and oversight of
structural stormwater facilities. Facilities are engineered systems designed and constructed at
the time of development to alleviate water quality and flood control impacts associated with
urban stormwater runoff. They exist in many forms, including surface and underground
detention areas, and surface and underground retention areas. Further, they can appear as
basins, swales, permeable surfaces, or apparatuses (i.e., arches, pipes, and tanks).
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2.1. Task Project Management
This section discusses the project management specifically associated with the Post-Construction
Program.
2.1.1. General coordination with the City of Bozeman (City). It is assumed two, one-hour-
meeting may be needed in addition to the monthly meetings and presentation of finding
meetings highlight in the below scope. This meeting is a placeholder will be conducted
in an area the City’s needs further collaboration on the Post Construction Program and
recommendations.
2.1.2. It is assumed that the development of standards, and design guidance related to new
post-construction BMP facilities will be accounted for in the concurrent Design Standards
and Specifications Policy update. This scope of work is focused on the inspection,
maintenance, and enforcement aspects of the Program.
2.1.3. Regular coordination with the project team including FCS Group and Morrison Maierle.
Deliverable:
• Meeting Minutes and associated materials (2).
2.2. Post-Construction Program Review
Section 2.2 covers the review of existing ordinances, policies, documents, workflows, and
protocols related to the inspection, maintenance, and enforcement of public, private, and HOA
facilities.
2.2.1. Develop and submit a list of documents and data requests to the City including:
• Current citywide GIS data
• Program workflow diagrams
• Stormwater facility inspection form
• Stormwater Facility Maintenance Guide (updated 2022)
• As-built drawings, plats, drainage reports, covenants, findings of fact, easements, and
maintenance plans for the representative facilities detailed in Section 2.4 as
reasonably available.
• General Permit for Storm Water Discharges Associated with Small Municipal Separate
Storm Sewer Systems (MS4 Permit)
• City of Bozeman and Montana State University Stormwater Management Plan
• Bozeman Municipal Code, Sections 38 and 40.
• Utility Rate Structure (Stormwater Website and Commission Resolution No. 4590)
• Any other documents deemed relevant.
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2.2.2. Review the documents listed under Section 2.2.1.
2.2.3. Provide follow up questions to City Stormwater Staff for interviews with other City Staff
to gain better understanding of the Post-Construction Program and operation.
2.3. Post-Construction Program Comparison
Section 2.3 involves researching and reporting on stormwater programs in other comparable
cities.
2.3.1. The City will develop a draft list of questions to assist in interviews with Post-
Construction Program Managers from other Cities. DOWL & the FCS Group will review
and provide feedback on the draft set of questions. The following list includes specific
areas questions should be developed for:
Facility types
Ownership classifications
Maintenance responsibility
Maintenance retrofit or design permitting process
Community level of service goal(s)
Operation performance metric(s)
Inspection protocol
Staffing level and position categories
Budgets, separated by operating and capital
Enforcement response activities
2.3.2. Select and agree on four comparable cities to interview. The Cities of Bend, OR and
Kalispell, MT will be included as two of the four. FCS will assist in selecting two other
representative communities and provide contact information as it is available.
2.3.3. The City will contact and perform interviews using agreed-upon questions from Section
2.3.1.
2.3.4. The City will summarize their corresponding interviews in a technical memorandum,
which will include the development of a matrix which documents the City’s existing
approach to Post Construction Facilities compared to other researched cities. DOWL &
FCS Group will review the memorandum and matrix and provide feedback.
2.3.5. Meet with the City for two, one-hour sessions to review comparative information, to
discuss its applicability, and identify key opportunities for improvement to the City of
Bozeman Post-Construction Program. Develop meeting minutes and list of the proposed
improvements to be implemented.
Deliverable:
• Meeting Minutes & associated meeting materials (2).
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April 5, 2022
2.4. Post-Construction Program Facilities Analysis
Section 2.4 involves assessing a limited number of representative facilities for the purpose of
assessing condition and estimating the cost of upgrades. This information will be used in
extrapolating the findings to the remainder of facilities across the City.
2.4.1. Acquire available documents and information for ten facilities across the City. The
facilities shall include a range of sizes, conditions, and locations. The City will select the
10 facilities assuming that six of the facilities will require full survey from MMI and others
will have adequate record drawings such that only limited survey will be required. These
facilities should be distributed among the three ownership categories.
2.4.2. Inspect and determine the condition of each facility by collecting key qualitative and
quantitative information, including:
Vegetation
Sedimentation
Groundwater
Capacity (survey, assumed all will require)
Infrastructure condition (pipes, outlet structure, riprap, etc.)
Maintenance access
2.4.3. Prepare a planning-level cost and improvement strategy for each inspected facility
addressing the following:
Deferred maintenance
Retrofit requirements
Regular maintenance
2.4.4. Develop cost estimates based on the range of facility conditions (for example, good,
fair, and poor conditions).
2.4.5. Analyze an additional seven facilities previously inspected by the City using completed
Stormwater Facility Inspection Forms for ground truth verification of the process, and if
necessary, adjust cost estimates accordingly.
2.4.6. It is assumed the City will extrapolate the condition assessments and cost estimates
citywide using their experience and familiarity with the facilities and provide a technical
memorandum to serve as the foundation for Sections 2.5-2.6. The City will break down
the facilities into the following categories:
Public: Facilities located on public property, which includes right-of-way,
parkland, and publicly owned lots.
Private: Located on private lots.
Homeowner Association (HOA): Located on private subdivision open space.
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April 5, 2022
2.4.7. Meet with the City for two, one-hour sessions to coordinate on the process and findings
for the facility assessments, strategies on how to apply cost estimates to other facilities,
and a review of the City’s analysis. Meeting minutes will be developed to summaries the
material presented, discussions, and key decisions.
Deliverable:
• Meeting Minutes and associated meeting materials (2).
2.5. Post-Construction Program Recommendations
Section 2.5 focuses on the recommendations resulting from the work of Sections 2.2 through 2.4.
2.5.1. Provide recommendations for improvement for the following items:
Bozeman Municipal Code
Level of Service
Performance Measure(s)
Stormwater Facility Maintenance Guide (updated 2022)
Inspection protocol, including legal access, document collection and review,
safety, data acquisition, tools, and workflow.
Inspection Form
Communication, including owner correspondence post-inspection.
Follow-up inspection protocol, including data acquisition and workflow.
Enforcement Response Plan, including various informal, formal, and judicial
penalties, schedules, escalation processes, and authority.
2.5.2. Identify existing constraints that may need to be addressed.
2.5.3. Up to three Program component recommendations may be added dependent on the
Section 2.4 findings and as mutually agreed upon.
2.5.4. Meet with the City for two, one-hour sessions to discuss recommendations on the Post-
Construction Program. Meeting minutes will be developed to summarize the material
presented, document discussions, and key decisions.
Deliverable:
• Meeting Minutes and associated meeting materials (2).
2.6. Post-Construction Program Policy and Funding Recommendations
Section 2.6 focuses on policy and funding recommendations.
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April 5, 2022
2.6.1. Integrate cost estimates from Section 2.4 and recommendations from Section 2.5 into
the four level of service options and compare against existing level of service. The four
categories should include options such as:
Maintenance entity
Inspection and maintenance frequency
Self-inspection vs. City inspection
City enforcement protocols
2.6.2. Evaluate each of the level of service options for suitability and applicability, given the
City’s policy and regulatory objectives, staffing, resource needs, and budget.
2.6.3. Evaluate the following items that might implicate decisions related to level of service.
Funding methods/models.
Rate credit approaches and opportunities.
Standards for contributions from various owners contributing to a facility.
2.6.4. Meet with the City for one, one-hour session to present findings and recommendations
on the level of service options. Meeting minutes will be developed to summarize the
material presented, document discussion, and key decisions.
Deliverable:
• Meeting Minutes and associated meeting materials (1).
2.7. Post-Construction Program Report
2.7.1. Develop a draft report detailing the comparable cities research, facilities analysis,
program recommendations, and level of service options. This report will ultimately be
incorporated into the Stormwater Facilities Plan Update report. Submit draft report
to the City staff for review.
2.7.2. Address City comments and provided a final version of the report.
Deliverable:
• Draft Post-Construction Program Report
• Final Post-Construction Program Report
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April 5, 2022
3. Task 3: Drainage Basin Delineation and Level of Service Determination
The City’s stormwater infrastructure includes a wide range of age, type, and condition, from
systems installed over a century ago to new systems associated with Bozeman’s current growth.
Throughout that time, the stormwater infrastructure was designed under a variety of standards
and policies. This is particularly true of the infrastructure constructed prior to implementation of
storm drainage policy and design standards in 1980. The pre-1980 stormwater facilities are
therefore the area of key focus for the current evaluation. The purpose of Task 3 is to evaluate
the Pre-1980 storm drainage facilities to prioritize capital improvement needs to elevate the
historical system to a modern standard or meet a practical level of service given system
constraints.
3.1. Task 3 Project Management
This section discusses the project management specifically associated with Task 3.
3.1.1. General coordination with the City of Bozeman (City). It is assumed four, one-hour-
meetings will be conducted to discuss data needs, storm drainage problem areas, and
potential improvements.
3.1.2. It is assumed that the development of standards, and design guidance related to sizing
new stormwater infrastructure will be accounted for in the concurrent Design Standards
and Specifications Policy update. This scope of work will utilize preliminary guidance from
the Design Standards Update for capacity evaluations.
Deliverable:
• Meetings Minutes and associated meeting materials (4)
3.2. Planning-level Drainage Basin Delineation
This section discusses macro-scale prioritization of storm drainage master planning needs and
will include delineation of the drainage basins across the City at a scale appropriate for planning.
The boundaries will be delineated in such a way that planning within the limits of each respective
planning area can be completed somewhat independently from the planning of other areas.
Delineation of the Planning Basins will constitute the contributing areas to major outfalls into
Bozeman Creek and other drainages and irrigation ditches flowing north through the Growth
Area Boundary. Sub-basins within the Planning Basins will also be delineated based on the
contributing areas to secondary outfalls or points of interest including key storm drains and other
key drainages. This work will provide a “roadmap” for systematic storm drainage planning across
the City of Bozeman.
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April 5, 2022
3.2.1. Review key documents, including the 2020 Bozeman Community Plan, future land-use,
2017 Transportation Master Plan, 2017 Water Facility Plan Update, 2015 Wastewater
Collection Facilities Plan Update and others to understand projected development across
the City. Information from these reports will help assist in the appropriate delineation of
the undeveloped Planning Basins.
3.2.2. Utilize City of Bozeman LiDAR data to define drainage patterns within the limits of the
growth area boundary. Drainage paths will be digitized using GIS tools to provide planning
guidance.
3.2.3. Planning Basins will be defined into six categories based on the level of development
(Fully-Developed, Partially-Developed, and Undeveloped) as well as the priority of the
need for planning (Low to High). The downtown Planning Basin would for example fall
into the “Fully Developed”, “High-Priority” category.
3.2.4. Delineate Planning Basins and subbasins within the limits of the growth area boundary
utilizing the City’s LiDAR data.
3.2.5. Develop a GIS polygon shape file recognizable in ESRI ArcMap and a schematic diagram
of the Planning Basins and subbasin and submit for review by the City. The shape files will
include GIS data attributes such as their corresponding planning category, the sub-basins
within each, and the associated drainage patterns.
3.2.6. Conduct a meeting to discuss the delineations and assigned categories.
3.2.7. Revise basin boundaries and categories as appropriate to address the City’s comments.
Deliverable:
• Draft GIS Map Exhibit of Planning Basins and Sub-basins
• Final GIS Map Exhibit of Planning Basins and Sub-basins
3.3. Determine Appropriate Planning-level Design Storm(s)
As part of the City of Bozeman Design Standards update, new design standards will be
developed that will be used to guide the Bozeman Stormwater Facilities Plan Update. The
design standards will include updated design storm precipitation data appropriate for typical
site and subdivision development, and City street reconstruction projects. By nature of its
construction, the synthetic storm precipitation data is conservative and may not be appropriate
for large Planning Basins as the synthetic design storm can result in compounded conservatism
which may lead to an overprediction of storm runoff volume and required facility sizing which
are not practical based on actual storm events. The following process will be used in selecting
appropriate design storm(s) for the large-scale Planning Basins.
3.3.1. Using the additional precipitation data being compiled through the updated Design
Standards work, classify the depth, duration, and sub-duration frequencies for all storm
events through the period of record at both the Gallatin Field Station and the MSU
Weather Station. This analysis will assist in classifying the nature of storms the City of
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April 5, 2022
Bozeman experiences and will be used to expand the “family of storms”, beyond those
already identified, for use in assessing system performance.
3.3.2. The following actual storm have already been identified through the Downtown
Bozeman Stormwater Analysis and will be included in the “family of storms”. Runoff from
the “family of storms” will be evaluated using the downtown stormwater model to
identify the type of storm that control sizing of the different segments of the downtown
storm drainage infrastructure. It assumed the analysis will add an additional five storms
to this list.
5/19/2013 (9.5-year, 24-hour storm)
6/29/2013 (7-year, 1-hour storm)
8/14/2017 (5-year, 2-hour storm)
8/12/2069 (2-year, 24-hour storm)
6/19/1979 (25-year, 24-hour storm)
3.3.3. Recommend which series of actual storms events will be used for determining capital
improvement needs within the Downtown Planning Basin.
3.3.4. Present preliminary findings to the City staff in one, one-hour virtual meeting.
3.3.5. Develop a technical memorandum summarizing the methodology and
recommendations.
3.3.6. Address any comments from the City and submit final version of the technical
memorandum.
Deliverable:
• Meeting Minutes and associated materials (1).
• Technical Memorandum on Planning Area Design Storms
3.4. Assessing Level of Service for Planning Basins
Selection of design storm frequency (i.e. 2-year, 5-year, 10-year, etc.) will largely be guided by
industry practice. However, in fully developed areas like downtown, it may not be practical to
replace and upsize existing storm drainage infrastructure that already exists to meet a higher
design storm standard (higher levels of service) unless there is a compelling reason to do so. This
is illustrated through the recent Hydraulic Analysis of the Downtown Stormwater System
Decisions for needed upgrades and capital improvement projects are typically guided by
balancing public health, safety, and welfare (risk mitigation) against costs. The industry-accepted
design storms (2-year, 5-year, 10-year, etc.) will be applied to each Planning Basin in assessing
the current level of service, but risk-based decision making will need to be employed in
establishing recommended upgrades to existing infrastructure and for the design of future
infrastructure. Stormwater modeling will be the tool used for these assessments in each of the
Planning Basins.
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Identification of areas prone to flooding during industry-accepted design storms will be a key tool
in assessing risk. This identification can come through documented observations of past
performance, through planned observations during storms, as well as through an assessment of
surface flow patterns. This risk assessment process for the Downtown Planning Basin in Phase I
will be used to guide the process to be used for the other Planning Basins in forthcoming phases
of the Stormwater Facilities Plan Update.
3.4.1. Work with City Stormwater Staff to interview maintenance personnel and other key City
officials about historic flooding issues.
3.4.2. Evaluate surface runoff of the Pre-1980 planning area. DOWL will develop a topographic
surface using the available LiDAR data and create a 2D rain-on-grid model using HEC-RAS.
Model simulations will be run for 2-year, 5-year, 10-year, and 100-year storm events to
determine flow paths and surface ponding depths assuming no interception into the
storm system. The resulting map will show areas within the Downtown Planning Basin
(Pre-1980 planning area) most vulnerable to flooding and property damage.
3.4.3. DOWL will also mobilize DOWL staff during seasonal rainstorms for field observations
at pre-defined locations to validate preliminary conclusions about areas nuisance ponding
and/or flooding.
3.4.4. Utilize the information collected through 3.4.1 through 3.4.3 and coordinate with City
Staff during a 2-hour meeting to facilitate risk-based decision making of needed storm
drainage upgrades to be included in the list of recommended capital improvement
projects for the Downtown Planning Basin.
3.4.5. Develop flood hazard maps identifying known and potential flood hazards.
3.4.6. Present preliminary findings to the City Staff in one, one-hour virtual meeting.
3.4.7. Develop scope and budget to complete additional tasks in a second phase.
Deliverable:
• Meeting Minutes and associated meeting materials (2)
• Flood Hazard Maps for Four Planning Level Basins
• Scope and Budget for additional tasks in a second phase
3.5. Convert Downtown ASSA Model to InfoSWMM
3.5.1. Export the Autodesk Storm and Sanitary Analysis (ASSA) model into a standard
EPASWMM model.
3.5.2. Import the EPASWMM model into Innovyze InfoSWMM software.
3.5.2.1. Review “drainage basin export” and verify the basin characteristics and
geo-spatial accuracy.
3.5.2.2. Review node and link connections. Adjust disconnected links and nodes.
Verify geo-spatial data for links and nodes.
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April 5, 2022
3.5.2.3. Review model setup and run parameters. Modify and debug for a
successful InfoSWMM model run.
3.5.2.4. Compare model results of InfoSWMM to results from ASSA as a
reasonableness check. Adjust model as needed.
3.5.2.5. Present the resulting InfoSWMM model of the Downtown Planning Basin
to City Stormwater Staff.
Deliverable:
• Meeting Minutes and associated meeting materials (1).
36
Memorandum
REPORT TO:City Commission
FROM:Taylor Lonsdale, Engineer III
SUBJECT: Authorize the City Manager to Sign a Public Bus Stop Shelter Easement with
HRDC
MEETING DATE:May 24, 2022
AGENDA ITEM TYPE:Agreement - Property
RECOMMENDATION: Authorize the City Manager to sign a Public Bus Stop Shelter Easement with
HRDC.
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:Attached is a copy (original to City Clerk) of the partially executed
agreement. Engineering staff reviewed the document and found it to be
acceptable.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:None
Attachments:
Public Bus Stop Shelter Easement
Report compiled on: May 9, 2022
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Memorandum
REPORT TO:City Commission
FROM:Cody Flammond, Engineer II
SUBJECT:Authorize the City Manager to sign a Drainage Easement with Theah, LLC for
the Cottonwood Veterinary Hospital (21184)
MEETING DATE:May 24, 2022
AGENDA ITEM TYPE:Agreement - Property
RECOMMENDATION:Authorize the City Manager to sign a Drainage Easement with Theah, LLC for
the Cottonwood Veterinary Hospital (21184).
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:Attached are copies (original to City Clerk) of the partially executed
agreements. Engineering staff reviewed the documents and found them to
be acceptable.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:None
Attachments:
Drainage Easement
Report compiled on: May 11, 2022
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Memorandum
REPORT TO:City Commission
FROM:Ellie Staley, Executive Director, Downtown Bozeman Partnership
SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with
Greenspace Landscaping for the Downtown Tree Replacement Project 2022
MEETING DATE:May 24, 2022
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:I move to authorize the City Manager to sign Professional Services
Agreement with Greenspace Landscaping for the Downtown Tree
Replacement Project 2022.
STRATEGIC PLAN:4.4 Vibrant Downtown, Districts & Centers: Promote a healthy, vibrant
Downtown, Midtown, and other commercial districts and neighborhood
centers – including higher densities and intensification of use in these key
areas.
BACKGROUND:
The Downtown Bozeman Partnership is seeking to hire Greenspace
Landscaping Inc. to remove and replace five large tree stumps in the
downtown core district. In 2019, eleven dead trees along Main Street were
cut with intention to remove and replace stumps within the following year.
Covid and staffing issues halted the progression of this project until now. Five
stumps require extra work than the city forestry department can provide.
The stumps do present a safety hazard to pedestrians and must be
completed immediately. This project is in accordance with the 2019
Downtown Bozeman Improvement Plan.
UNRESOLVED ISSUES:None
ALTERNATIVES:None
FISCAL EFFECTS:Estimated cost is $20,000, included in the Downtown URD 2022 Budget and
Work Plan.
Attachments:
PSA - 2022 Downtown Tree Replacement.pdf
Report compiled on: May 4, 2022
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Professional Services Agreement for 2022 Downtown Tree Replacement Project
Page 1 of 10
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 17th day of May, 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, Greenspace Landscaping, Inc. 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. Scope of Services: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services attached. For conflicts between this
Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs.
3. Payment: City agrees to pay Contractor the amount specified in the Scope of Services
attached as Exhibit A. Any alteration or deviation from the described services that involves additional
costs above the Agreement amount will be performed by Contractor after written request by the City,
and will become an additional charge over and above the amount listed in the Scope of Services. The
City must agree in writing upon any additional charges.
4. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
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Professional Services Agreement for 2022 Downtown Tree Replacement Project
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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.
5. 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.
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.
6. Indemnity/Waiver of Claims/Insurance: For other than professional services
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Professional Services Agreement for 2022 Downtown Tree Replacement Project
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rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right of
contribution for loss or damage to person or property arising from, growing out of, or in any way
connected with or incident to the performance of this Agreement except “responsibility for [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.
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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 the Commercial General,
Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements
must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation
or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of
notice that any required insurance coverage will be terminated or Contractor’s decision to terminate
any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
7. 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
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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.
8. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
in progress.
c. In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of the
Notice of Termination for City’s Convenience.
d. The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
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be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature arising, or claimed to have arisen, as a result of the termination.
9. 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.
10. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be David Fine, Economic Development Program Manager and Ellie Staley,
Executive Director of the Downtown Association or such other individual as City shall
designate in writing. Whenever approval or authorization from or communication or
submission to City is required by this Agreement, such communication or submission shall be
directed to the City’s Representative and approvals or authorizations shall be issued only by
such Representative; provided, however, that in exigent circumstances when City’s
Representative is not available, Contractor may direct its communication or submission to
other designated City personnel or agents as designated by the City in writing and may receive
approvals or authorization from such persons.
b. Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be Bill Halpin or such other individual as Contractor shall
designate in writing. Whenever direction to or communication with Contractor is required by
this Agreement, such direction or communication shall be directed to Contractor’s
Representative; provided, however, that in exigent circumstances when Contractor’s
Representative is not available, City may direct its direction or communication to other
designated Contractor personnel or agents.
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c. Notices: All notices required by this Agreement shall be in writing and
shall be provided to the Representatives named in this Section. Notices shall be deemed given
when delivered, if delivered by courier to Party’s address shown above during normal business
hours of the recipient; or when sent, if sent by email or fax (with a successful transmission
report) to the email address or fax number provided by the Party’s Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
11. 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.
12. 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.
13. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
not refuse employment to a person, bar a person from employment, or discriminate against a person
in compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity, physical or mental disability, except when the reasonable demands of the position
require an age, physical or mental disability, marital status or sex distinction. The Contractor shall
be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
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Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
14. 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.
15. 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.
16. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
17. Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
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18. 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.
19. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
20. 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.
21. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
22. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
23. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
24. Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
25. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
26. 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
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enforced by a third party.
27. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
28. 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.
29. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA ____________________________________
CONTRACTOR (Type Name Above)
By________________________________ By__________________________________
Jeff Mihelich, City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
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Exhibit A
Scope of Services - Downtown Tree Replacement
1. Contractor agrees to stump removal, planting and installing five trees, at the following locations:
o 122 W. Main St. (The Lark)
o 9 E. Main St. (Teton Gravity)
o 121 E. Main St. (Indulgence Beauty)
o S. Rouse Ave (Rouse Parking Lot)
o 451 E. Main (Shine)
2. Contractor shall select tree species and cultivars from only the following:
o Alder (Alnus spp.) – single-trunk, tree form only
o Amur cherry (Prunus maackii)
o Elms (Ulmus spp.) – ‘Brandon’ and ‘Accolade’ cultivars prohibited
o Hackberry (Celtis occidentalis)
o Hawthorn (Crataegus spp.) – thornless cultivars only
o Japanese tree lilac (Syringa reticulata)
o Kentucky coffeetree (Gymnocladus dioicus) – male cultivars only
o Kentucky yellowwood (Cladrastis kentuckea)
o Lindens (Tilia spp.) – ‘Harvest Gold’ cultivar only
o Red Maple (Acer rubrum) – ‘Northwood’ cultivar only
o Norway Maple (Acer platanoides)
3. Trees planted not to exceed more than three (3) individuals from any one species or cultivar.
4. Only balled-and-burlapped trees or container-grown trees will be accepted; not to exceed 2.0”
caliper.
5. Trees planted to include 3-4” layer of wood chip mulch.
6. Trees planted within tree pits shall include installation of ADA-compliant, cast-iron grates and
trunk guards. Additional grates and guards will be supplied by the Forestry Division.
7. All tree pits shall be excavated to a minimum depth of 24 inches and backfilled with 50% native
backfill soil and 50% compost/topsoil mix.
8. Contractor shall be responsible for removal of any remaining stumps, to a minimum depth of
twenty-four (24) inches.
9. Contractor shall adhere to ANSI Z133 for Arboricultural Operations – Safety Operations.
10. Contractor shall adhere to MUTCD standards for work within public rights of way.
11. Contractor shall clean the work site and remove any debris after completing work, including the
removal of branches, twigs and chips (Sec.16.05.360)
Site Prep Needed:
Excavate existing soil to a depth of 2’; decompact and backfill with mix of existing soil + amended topsoil
• All tree pits shall be excavated to a minimum depth of 24 inches and backfilled with 50% native
backfill soil and 50% compost/topsoil mix.
• Contractor shall be responsible for removal of any remaining stumps, to a minimum depth of
twenty-four (24) inches.
Misc:
• Spacing/locations may be impacted by underground utility locates
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• Conflicting utility concerns may be reduced by planting smaller-growing tree species
Total Project Cost: $20,000
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Memorandum
REPORT TO:City Commission
FROM:Max Ziegler, Facilities Project Coordinator
Mike Gray, Facilities Superintendent
SUBJECT:Authorize City Manager to Sign a Professional Service Agreement with High
Country Paving for Stiff Professional Building Parking Lot Paving
MEETING DATE:May 24, 2022
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize City Manager to sign professional service agreement with High
Country Paving for Stiff Professional Building parking lot paving.
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:The parking lot at the Stiff Professional Building has exceeded its life cycle
and requires repaving. Potholes, cracks, and standing water have been
increasing yearly, requiring repair. These needs were identified in the Capital
Improvements Program as project number GF323. This project will involve
removing and disposing of the degraded asphalt, grading and compacting
the existing road bed, repaving the parking lot to a depth of 3" of asphalt,
and painting/striping the parking lot. Selected contractor submitted the
lowest cost proposal received in response to a request for quotes directly
solicited by the Facilities Dept.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:This project will have a cost of $42,000 to be funded from the Facilities Dept.
Capital Improvements budget allocated to CIP project GF323.
Attachments:
Professional Services Agreement - Professional Building
Paving - High Country Paving.pdf
Report compiled on: May 11, 2022
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Professional Services Agreement for Stiff Professional Building Paving
Page 1 of 12
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 202__
(“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing
municipal corporation organized and existing under its Charter and the laws of the State of Montana,
121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT
59771, hereinafter referred to as “City,” and, High Country Paving, 5200 Thorpe Rd., Belgrade, MT
59714, 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 30th day of December, 2022, unless earlier terminated in accordance with this
Agreement.
3. Scope of Services: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services. For conflicts between this Agreement and
the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4. Payment: City agrees to pay Contractor the amount specified in the Scope of
Services. Any alteration or deviation from the described services that involves additional costs above
the Agreement amount will be performed by Contractor after written request by the City, and will
become an additional charge over and above the amount listed in the Scope of Services. The City
must agree in writing upon any additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement,
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Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
Contractor shall post a legible statement of all wages and fringe benefits to be paid to the
Contractor’s employees and the frequency of such payments (i.e., hourly wage employees shall be
paid weekly). Such posting shall be made in a prominent and accessible location at the Contractor’s
normal place of business and shall be made no later than the first day of services provided under this
Agreement. Such posting shall be removed only upon expiration or termination of this Agreement.
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In performing the services under this Agreement, Contractor shall give preference to the
employment of bona fide residents of Montana, as required by §18-2-403, MCA, as such term is
defined by §18-2-401(1), MCA. When making assignments of work, Contractor shall use workers
both skilled in their trade and specialized in their field of work for all work to which they are assigned.
Pursuant to §§18-2-403 and 18-2-422, MCA, Contractor shall pay wages, fringe benefits, and
expenses, including travel allowances as set forth in the current Montana Prevailing Wage Rate for
Non Construction Services in effect and applicable to Gallatin County, Montana, which schedule is
incorporated herein. Contractor shall pay all hourly wage employees on a weekly basis. Violation of
the requirements set forth in the above State of Montana schedule of prevailing wage rates may
subject the Contractor to the penalties set forth in §18-2-407, MCA. Contractor shall maintain payroll
records during the term of this Agreement and for a period of three (3) years following termination
of this Agreement.
The Contractor shall ensure that any person, firm or entity performing any portion of the
services under this Agreement for which the contractor, subcontractor or employer is responsible, is
paid the applicable standard prevailing rate of wages.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific
steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that
Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief
to the City so as to permit the services to continue at no additional cost to City.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes and for any claims regarding underpaid prevailing wages.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
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damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right of
contribution for loss or damage to person or property arising from, growing out of, or in any way
connected with or incident to the performance of this Agreement except “responsibility for [City’s]
own fraud, for willful injury to the person or property of another, or for violation of law, whether
willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
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In addition to and independent from the above, Contractor shall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
Workers’ Compensation – statutory;
Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on the Commercial General,
Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements
must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation
or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of
notice that any required insurance coverage will be terminated or Contractor’s decision to terminate
any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
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to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
in progress.
c. In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of the
Notice of Termination for City’s Convenience.
d. The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
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be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature arising, or claimed to have arisen, as a result of the termination.
10. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be Max Ziegler, Facilities Project Coordinator, or such other individual as
City shall designate in writing. Whenever approval or authorization from or communication
or submission to City is required by this Agreement, such communication or submission shall
be directed to the City’s Representative and approvals or authorizations shall be issued only
by such Representative; provided, however, that in exigent circumstances when City’s
Representative is not available, Contractor may direct its communication or submission to
other designated City personnel or agents as designated by the City in writing and may receive
approvals or authorization from such persons.
b. Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be Chance Ellis or such other individual as Contractor shall
designate in writing. Whenever direction to or communication with Contractor is required by
this Agreement, such direction or communication shall be directed to Contractor’s
Representative; provided, however, that in exigent circumstances when Contractor’s
Representative is not available, City may direct its direction or communication to other
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designated Contractor personnel or agents.
c. Notices: All notices required by this Agreement shall be in writing and
shall be provided to the Representatives named in this Section. Notices shall be deemed given
when delivered, if delivered by courier to Party’s address shown above during normal business
hours of the recipient; or when sent, if sent by email or fax (with a successful transmission
report) to the email address or fax number provided by the Party’s Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
13 Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
not refuse employment to a person, bar a person from employment, or discriminate against a person
in compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity, physical or mental disability, except when the reasonable demands of the position
require an age, physical or mental disability, marital status or sex distinction. The Contractor shall
be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
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Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
16. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
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18. Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist
in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects by
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the laws of the State of Montana.
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
30. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
31. Extensions: this Agreement may, upon mutual agreement, be extended for a period
of one year by written agreement of the Parties. In no case, however, may this Agreement run longer
than December 29, 2023.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA ____________________________________
CONTRACTOR (Type Name Above)
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By________________________________ By__________________________________
Jeff Mihelich, City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
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EXHIBIT A
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Memorandum
REPORT TO:City Commission
FROM:Taylor Lonsdale, Engineer III
Nick Ross, Director of Transportation and Engineering
SUBJECT:Authorize the City Manager to Sign an Amendment 3 to Task Order 12 with
Sanderson Stewart for the Purpose of Right-of-Way Acquisition on the
Griffin Drive - 7th to Rouse Project
MEETING DATE:May 24, 2022
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign an amendment 3 to Task Order 12 with
Sanderson Stewart for the purpose of right-of-way acquisition on the Griffin
Drive - 7th to Rouse Project
STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a
wide variety of actions, the development of sustainable and lasting housing
options for underserved individuals and families and improve mobility
options that accommodate all travel modes.
BACKGROUND:Sanderson Stewart has completed the design of the Griffin Drive and Manley
Road Street and Stormwater Improvements project and construction began
last summer and continues this summer. Right of way acquisition has proved
to be particularly challenging for certain parcels. Ongoing right of way
discussions associated with construction changes necessitated additional
effort from Sanderson Stewart that was not anticipated. Additional
properties on the east end of the project have also presented challenges
that were not anticipated and will require additional effort from Sanderson
Stewart. Amendment 3 provides for the additional scope of services to
finalize the right of way acquisition needed to complete the construction in
2022.
UNRESOLVED ISSUES:None.
ALTERNATIVES:None identified or recommended.
FISCAL EFFECTS:The proposed fee for the scope of work outlined in these task orders is paid
on a time and materials basis with a not to exceed total cost. The not to
exceed amount for Amendment 3 is $11,480.00. The funds for this are
available from and will be drawn from SIF001, Right of Way Acquisition.
Attachments:
76
Amendment 3 - Task Order 12 Sanderson Stewart - Griffin
Drive ROW.pdf
Report compiled on: November 24, 2021
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Initials
April 21, 2022
Mr. Taylor Lonsdale, PE
City of Bozeman
20 East Olive St.
Bozeman, MT 59715
Reference: City of Bozeman Land Agent Services
Project Scope of Services – Task Order No. #12, Amendment #3
West Griffin Drive – North 7th Avenue to North Rouse Avenue
Dear Mr. Lonsdale:
The following is a proposal for an amended Scope of Services for Sanderson Stewart to provide
certain services in connection with your project, which is generally described as follows:
Land agent services for street and utility improvements for the West Griffin Drive
corridor from North 7th Avenue to North Rouse Avenue, located in Bozeman,
Gallatin County, Montana. These services are to be performed as Amendment #3 to
the Scope of Services under the Professional Services Agreement for Streets and Land
Agent Services term contract (FY 2018 – FY 2020) for realty and engineering services.
If this Amendment #3 to the scope of services is acceptable to you, please execute this agreement
where noted.
Overview
The project has been under construction during the 2021/2022 season and is anticipated to be
completed in 2022. Acquisition services have been performed to acquire the necessary right-of-way
(R/W) for the project concurrently with construction, having focused on the west end of the project
corridor between North 7th Avenue and the railroad crossing. Project challenges related to R/W
acquisition discussions, adjacent development projects, construction changes, etc., required
additional R/W acquisition time to be spent negotiating with property owners. The project is
intended to resume construction in 2022 with additional R/W acquisition time required to finish
acquiring the necessary R/W for the project. Sanderson Stewart will continue to provide
professional R/W acquisition services to acquire new R/W for the project.
Scope of Services
Sanderson Stewart will provide the following services as part of its basic services:
TG
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April 21, 2022
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Initials
1. Project Research
Additional time for this task is not included in this Scope of Services.
2. Initial Property Owner Contact
Additional time for this task is not included in this Scope of Services.
3. R/W Mapping & Exhibits
Additional time for this task is not included in this Scope of Services.
4. Title Commitments
Additional time for this task is not included in this Scope of Services.
5. Appraisals and Valuations
Additional time for this task is not included in this Scope of Services.
6. Prepare Contracts
This task includes the preparation of the offer packages to acquire R/W, including
agreements, easements, temporary construction permits, exhibits, figures, and
correspondence letters. Subtasks under Item 6 include the following:
· Prepare a revised R/W agreement for Parcel 33 to acquire permanent easements
only.
· QA/QC of documents.
7. Acquisitions
This task includes conducting the acquisition meetings with affected property owners and
modifying the initial offer packages based on owner/client meetings. Subtasks under Item 7
include the following:
· Conduct additional acquisition meetings with remaining parcels requiring R/W
acquisition.
· Acquisition meetings were previously scoped for Parcels 23, 25, 28, 30, and 32-33,
however, additional time is required to include addressing permanent easements,
valuation changes, project impacts, and closings.
· Prepare final acquisition documents for remaining affected parcels.
· Prepare final acquisition costs for all affected parcels.
TG
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April 21, 2022
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Initials
· QA/QC of documents.
8. R/W and Design Plan Updates
This task includes updating the right-of-way acquisition exhibits and documents based on
design changes, if required.
9. Relocation Services
Additional time for this task is not included in this Scope of Services.
10. Title Clearing and Closing
Additional time for this task is not included in this Scope of Services.
11. Final Submittal and Closeout
Additional time for this task is not included in this Scope of Services.
12. Contingency
The Scope of Services for this project includes all the necessary steps to acquire property
interests from private owners. A majority of the acquisition process relies on good
cooperation and timely responses from all parties involved in the process. Due to the
nature of coordination activities, the amount of time required to work with individual
property owners varies significantly. This task serves to capture the potential additional
costs incurred during the acquisition process due to challenging coordination activities with
property owners.
13. Project Administration
This task includes activities to manage the project requirements, deliverables, and tasks.
Subtasks under Item 13 include the following:
· Project status updates
· Budget and schedule monitoring and planning
· Invoicing and billing
The following items are not included in the Scope of Services or project budget for this project and
are therefore specifically excluded from this Scope of Services:
· Engineering or right-of-way design services
TG
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April 21, 2022
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Initials
· Eminent domain proceedings, expert witness testimony, costs, or other services necessary
for legal proceedings
· Additional costs related to the actual purchase price of property interests as detailed in R/W
acquisition agreements
· Relocation costs paid to property owners as detailed in R/W acquisition agreements
If needed, these items will be added as a separate task order or contract amendment.
Services not set forth above as basic services are specifically excluded from the scope of Sanderson
Stewart’s services. Sanderson Stewart assumes no responsibility to perform any services not
specifically listed as basic services.
Additional services are not included in the basic services. If the Client and Sanderson Stewart agree
in writing via an amendment to this agreement, Sanderson Stewart will provide additional services as
requested by the Client.
Notwithstanding the foregoing, Sanderson Stewart shall have the right, but not the obligation, to
provide, without advance authorization from the Client, other services made necessary by the default
of the contractor or the Client, or by deficiencies, delays, or defects in the work provided by the
contractor. Sanderson Stewart shall provide written notice of the provision of such services as soon
as reasonably possible.
Project Schedule
Once Sanderson Stewart receives the Client’s authorization to proceed, Sanderson Stewart will
immediately proceed with fulfilling the project scope of services. The intent is to complete the R/W
acquisition activities in as short amount of time as possible given that the contractor has already
started 2022 activities on the project.
The Client and Sanderson Stewart are aware that many factors outside Sanderson Stewart’s control
may affect Sanderson Stewart’s ability to complete the services to be provided under this agreement.
Sanderson Stewart will perform these services with reasonable diligence and expediency consistent
with sound professional practices.
TG
81
Mr. Taylor Lonsdale
April 21, 2022
Page 5
____
Initials
Fees and Billing Arrangements
Invoice and Billing: Sanderson Stewart will bill for its services on a time-and-materials basis with a
total project cost not to exceed $141,961.00. Sanderson Stewart will begin work once this agreement
has been executed by both parties.
Right-of-Way Acquisition – Amendment #3
1. Project Research $0.00
2. Initial Property Owner Contact $0.00
3. R/W Mapping & Exhibits $0.00
4. Title Commitments $0.00
5. Appraisals and Valuations $0.00
6. Prepare Contracts $1,400.00
7. Acquisitions $7,420.00
8. R/W and Design Plan Updates $660.00
9. Relocation Services $0.00
10. Title Clearing and Closing $0.00
11. Final Submittal and Closeout $0.00
12. Contingency $990.00
13. Project Administration $1,010.00
Subtotal for Amendment #3 $11,480.00
Current Contract Amount (including amendments) $130,481.00
Total Project Cost $141,961.00
Sanderson Stewart shall submit invoices to the Client for work accomplished during each calendar
month. Monthly invoices shall include, separately listed, any charges for services for which time
charges and/or unit costs shall apply. Such invoices shall also include, separately listed, any charges
for consultants retained by Sanderson Stewart, and reimbursable costs. Such invoices shall be
submitted by Sanderson Stewart as soon as possible after the end of the month in which the work
was accomplished and shall be due and payable by the Client upon receipt. The Client agrees that
the monthly invoice from Sanderson Stewart is correct, conclusive, and binding on the Client unless
the Client, within 20 working days from the date of receipt of such invoice, notifies Sanderson
Stewart in writing of alleged inaccuracies, discrepancies, errors in the invoice, or the need for
additional backup.
TG
82
Mr. Taylor Lonsdale
April 21, 2022
Page 6
____
Initials
Conclusion
Mr. Lonsdale, we look forward to continuing to work with you on this project. Feel free to call me
at 406/922-4304 if you have any questions regarding this proposal. Otherwise, if it meets your
approval, simply mail or email this signed and dated agreement to our office at 106 E Babcock, Suite
L1, Bozeman, MT 59715 or tgaddo@sandersonstewart.com. Thank you.
Sincerely,
Tony Gaddo, PE, REALTOR®
Senior Engineer | Right of Way Specialist
This Amendment #3 to Task Order #12 is dated ________________, 20___ between __City of
Bozeman, Montana__ (City) and __Sanderson Stewart__ (Contractor).
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first
above written.
CITY OF BOZEMAN, MONTANA SANDERSON STEWART
By: By:
Print Name: Print Name:
Print Title: Print Title:
Date: Date:
Tony Gaddo
Project Manager
4/21/2022
TG
83
Memorandum
REPORT TO:City Commission
FROM:Chris Saunders, Community Development Manager
Anna Bentley, Community Development Interim Director
SUBJECT:Ordinance 2102 Final Adoption of Billings Clinic Annexation Zone Map
Amendment Establishing B-2 Community Business District on 4.7346 Acres
Adjacent to Davis Lane and South of Westlake Road in Conjunction with
Annexation, Application 20132
MEETING DATE:May 24, 2022
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION:Final adoption of Ordinance 2102.
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:The annexation and initial zoning was preliminarily approved by the City
Commission on February 8, 2022. All required steps to finalize the
annexation and zoning have been completed by the applicant. The City
Commission must now act to formally adopt the zoning by ordinance.
Provisional adoption of the ordinance happened on May 10, 2022.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As identified by the City Commission
FISCAL EFFECTS:None.
Attachments:
Ordinance 2102 Billings Clinic ZMA.pdf
15063_01_ZONE_MAP_AMENDMENT_032222.pdf
Report compiled on: April 28, 2022
84
Ord 2102
Page 1 of 5
ORDINANCE 2102
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE CITY OF BOZMAN ZONING MAP TO INITALLY
DESIGNATE 4.7346 ACRES AS B-2, COMMUNITY BUSINESS DISTRICT, BILLINGS
CLINIC ANNEXATION ZONE MAP AMENDMENT, APPLICATION 20132
WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map
pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and
WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps
if a public hearing is held and official notice is provided; and
WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct
a public hearing and submit a report to the City Commission for all zoning map amendment
requests; and
WHEREAS, the City of Bozeman Zoning Commission has been created by Section
2.05.2700, BMC as provided for in Section 76-2-307, M.C.A.; and
WHEREAS, Chapter 38, Article 2 of the Bozeman Unified Development Code sets forth
the procedures and review criteria for zoning map amendments; and
WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City
Commission that application No. 20132, the Billings Clinic Annexation Zone Map Amendment,
be approved as requested by the applicant; and
WHEREAS, after proper notice, the City Commission held its public hearing on February
8, 2022, to receive and review all written and oral testimony on the request for the zone map
amendment; and
85
Ordinance No. 2102, Billing Clinic Annexation Zone Map Amendment
Page 2 of 5
WHEREAS, the City Commission has reviewed and considered the zone map amendment
criteria established in Section 76-2-304, M.C.A., and found that the proposed zone map
amendment would be in compliance with the criteria.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
Legislative Findings
The City Commission hereby makes the following findings in support of adoption of this
Ordinance:
1. The City adopted a growth policy, the Bozeman Community Plan 2020, by Resolution
5133 to establish policies for development of the community including zoning;
2. The Bozeman Community Plan 2020, Chapter 5, sets forth the policies by which the City
reviews and applies the criteria for amendment of zoning established in 76-3-304, MCA;
3. Zoning, including amendments to the zoning map, must be in accordance with an adopted
growth policy;
4. A staff report analyzing the required criteria for a zone map amendment, including
accordance to the Bozeman Community Plan 2020, found that the required criteria are
satisfied;
5. The two required public hearings were advertised as required in state law and municipal
code and all persons have had opportunity to review the materials applicable to the
application and provide comment prior to a decision;
6. The Bozeman Zoning Commission has been established as required in state law and
conducted their required public hearing; and after consideration of application materials,
staff analysis and report, and all submitted public comment recommended approval of the
requested B-2 district.
7. The City Commission conducted a public hearing to provide all interested parties the
opportunity to provide evidence and testimony regarding the proposed amendment prior to
the City Commission acting on the application.
86
Ordinance No. 2102, Billing Clinic Annexation Zone Map Amendment
Page 3 of 5
8. The City Commission considered the application materials, staff analysis and report,
Zoning Commission recommendation, all submitted public comment, and all other relevant
information.
9. The City Commission determines that, as set forth in the staff report and incorporating the
staff findings as part of their decision, the required criteria for approval of Application No.
20132 Billings Clinic Annexation Zone Map Amendment have been satisfied.
Section 2
That the zoning district designation of the following-described property is hereby established as
B-2, Community Business District:
The property is described as:
A Tract of land located in the Southwest 1/4 of Section 26, Township 1 South,
Range 5 East, P.M.M., Gallatin County, Montana, more particularly described as
follows:
Beginning at a point on the common line between sections 26 and 27, Township 1 South,
Range 5 East, P.M.M., said point being the southwest corner of Tract A-1 of Certificate of
Survey 165 A; thence from said Point of Beginning N 89°44'39” E, a distance of 296.06
feet along the south line of said Tract A-1; thence S 00°57'53” W, a distance of 597.06
feet; thence S 88°42'42” W, a distance of 149.78 feet to the north line of Cattail Lake
Subdivision; thence S 50°16'06” W, a distance of 187.09 feet along said north line of Cattail
Lake Subdivision to the common line of Sections 26 and 27, Township 1 South, Range 5
East, P.M.M.; thence N 89°23'31” W, a distance of 30.00 feet to the west line of the Davis
Lane road right-of-way; thence N 00°36'29” E, a distance of 718.65 feet along said Davis
Lane road right-of-way; thence S 89°23'31” E, a distance of 30.00 feet to the common line
of Sections 26 and 27, Township 1 South, Range 5 East, P.M.M and the Point of Beginning;
said tract containing 4.7346 acres.
Section 3
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.
87
Ordinance No. 2102, Billing Clinic Annexation Zone Map Amendment
Page 4 of 5
Section 4
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 5
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 6
Codification.
This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a
disposition list in numerical order with all other ordinances of the City and shall be organized in a
category entitled “Zone Map Amendments.”
Section 7
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 10th day of May, 2022.
88
Ordinance No. 2102, Billing Clinic Annexation Zone Map Amendment
Page 5 of 5
____________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of
____________________, 2022. The effective date of this ordinance is __________, __, 2022.
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
89
THE BILLINGS CLINIC ZONE MAP AMENDMENT
NORTH
100 50 0
SCALE:1" = 100'
100 200
ANNEXATION TRACT
LEGAL DESCRIPTION
A Tract of land located in the Southwest 1/4 of Section 26, Township 1 South, Range 5
East, P.M.M., Gallatin County, Montana, more particularly described as follows:
Beginning at a point on the common line between sections 26 and 27, Township 1
South, Range 5 East, P.M.M., said point being the southwest corner of Tract A-1 of
Certificate of Survey 165 A; thence from said Point of Beginning N 89°44'39” E, a
distance of 296.06 feet along the south line of said Tract A-1; thence S 00°57'53” W, a
distance of 597.06 feet; thence S 88°42'42” W, a distance of 149.78 feet to the north
line of Cattail Lake Subdivision; thence S 50°16'06” W, a distance of 187.09 feet along
said north line of Cattail Lake Subdivision to the common line of Sections 26 and 27,
Township 1 South, Range 5 East, P.M.M.; thence N 89°23'31” W, a distance of 30.00
feet to the west line of the Davis Lane road right-of-way; thence N 00°36'29” E, a
distance of 718.65 feet along said Davis Lane road right-of-way; thence S 89°23'31” E, a
distance of 30.00 feet to the common line of Sections 26 and 27, Township 1 South,
Range 5 East, P.M.M and the Point of Beginning; said tract containing 4.7346 acres.P:\15063_01_Minor_Sub_221_Blgs_Clinic_Bozeman_Addl_Serv_PM\CADD_C3D\BASE_DWG\15063_01_ZONE_MAP_AMENDMENT.dwg, 24x36 LANDSCAPE, 3/22/2022 12:59:05, lhendricks, 1:190
Memorandum
REPORT TO:City Commission
FROM:Chris Saunders, Community Development Manager
Anna Bentley, Community Development Interim Director
SUBJECT:Ordinance 2116 Provisional Adoption of Amended Zoning on 14.63 Acres
from B-2, Community Business District to B-2M Community Business District
- Mixed Located Northwest of Patrick Street and North 11th Avenue,
Application 21458
MEETING DATE:May 24, 2022
AGENDA ITEM TYPE:Community Development - Legislative
RECOMMENDATION:Provisional Adoption of Ordinance 2116
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:The City Commission preliminarily adopted this application on April 5, 2022.
The site has no buildings on it. Application materials and staff report are
available with the initial packet as item M.2 in the City Commission packet.
The video recording of the City Commission is also available.
UNRESOLVED ISSUES:None
ALTERNATIVES:As ident
FISCAL EFFECTS:No budgeted funds are used by this action.
Attachments:
Ordinance 2116 Lumberyard ZMA.pdf
Lumberyard ZMA Exhibit Map.pdf
Report compiled on: May 12, 2022
91
Ord 2116
Page 1 of 6
ORDINANCE 2116
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE CITY OF BOZMAN ZONING MAP TO AMEND 14.63
ACRES FROM B-2, COMMUNITY BUSINESS DISTRICT, TO B-2M COMMUNITY
BUSINESS DISTRICT – MIXED, THE LUMBERYARD ZONE MAP AMENDMENT,
APPLICATION 21458
WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map
pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and
WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps
if a public hearing is held and official notice is provided; and
WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct
a public hearing and submit a report to the City Commission for all zoning map amendment
requests; and
WHEREAS, the City of Bozeman Zoning Commission has been created by Section
2.05.2700, BMC as provided for in Section 76-2-307, M.C.A.; and
WHEREAS, Chapter 38, Article 2 of the Bozeman Unified Development Code sets forth
the procedures and review criteria for zoning map amendments; and
WHEREAS, the Bozeman Community Development Board in their capacity as the Zoning
Commission recommended to the Bozeman City Commission that application No. 21458, the
Lumberyard Zone Map Amendment, be approved as requested by the applicant; and
WHEREAS, after proper notice, the City Commission held its public hearing on April 5,
2022, to receive and review all written and oral testimony on the request for the zone map
amendment; and
92
Ordinance No. 2116, The Lumberyard Zone Map Amendment
Page 2 of 6
WHEREAS, the City Commission has reviewed and considered the zone map amendment
criteria established in Section 76-2-304, M.C.A., and found that the proposed zone map
amendment would be in compliance with the criteria.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
Legislative Findings
The City Commission hereby makes the following findings in support of adoption of this
Ordinance:
1. The City adopted a growth policy, the Bozeman Community Plan 2020, by Resolution
5133 to establish policies for development of the community including zoning;
2. The Bozeman Community Plan 2020, Chapter 5, sets forth the policies by which the City
reviews and applies the criteria for amendment of zoning established in 76-3-304, MCA;
3. Zoning, including amendments to the zoning map, must be in accordance with an adopted
growth policy;
4. A staff report analyzing the required criteria for a zone map amendment, including
accordance to the Bozeman Community Plan 2020, found that the required criteria are
satisfied;
5. The two required public hearings were advertised as required in state law and municipal
code and all persons have had opportunity to review the materials applicable to the
application and provide comment prior to a decision;
6. The Bozeman Zoning Commission has been established as required in state law and
conducted their required public hearing; and after consideration of application materials,
staff analysis and report, and all submitted public comment recommended approval of the
requested B-2M district.
7. The City Commission conducted a public hearing to provide all interested parties the
opportunity to provide evidence and testimony regarding the proposed amendment prior to
93
Ordinance No. 2116, The Lumberyard Zone Map Amendment
Page 3 of 6
the City Commission acting on the application.
8. The City Commission considered the application materials, staff analysis and report,
Zoning Commission recommendation, all submitted public comment, and all other relevant
information.
9. The City Commission determines that, as set forth in the staff report and incorporating the
staff findings as part of their decision, the required criteria for approval of Application No.
21458 the Lumberyard Zone Map Amendment have been satisfied.
Section 2
That the zoning district designation of the following-described property is hereby amended from
B-2, Community Business District to B-2M Community Business District - Mixed:
The property is described as:
A tract of land described as Lots 1 and 2, Block 3, of the PT Land Phase 2 Subdivision
(Plat J-498) and Lot 3A of the Amended Plat of Lot 3, Block 3, and Lot 6A of the PT
Land Phase 2 Subdivision (Plat J-498A) and also portions of adjoining Street Rights of
Ways and Easements, all of which are located within portions of the North West One
Quarter of Section 1, Township 2 South, Range 5 East, Principal Meridian Montana, City
of Bozeman, Gallatin County, Montana., and more particularly described as follows:
Beginning at a point (P.O.B) that is the Centerline/Centerline Intersection of North 15th
Avenue and Patrick Street;
• thence, N 02° 22' 29" E, along the centerline of said North 15th, a distance of
39.35 feet to the beginning of a non-tangential curve to the right;
• thence continuing along said centerline, 164.21 feet along a curve to the right,
with a radius of 299.97 feet, a delta angle of 31° 21' 52", and a chord bearing of N
18° 01' 15" E, with a chord distance of 162.17 feet to a point;
• thence, N 33° 42' 09" E, along said centerline, a distance of 190.38 feet to the
beginning of a curve to the left;
• thence, continuing along said centerline, 87.03 feet along a curve to the left, with
a radius of 300.00 feet, a delta angle of 16° 37' 16", and a chord bearing of N 25°
23' 31" E, with a chord distance of 86.72 feet to a point;
• thence, N 17° 04' 53" E, along said centerline, a distance of 56.60 feet to a point
being the intersection of South 15th Avenue and Tschache Lane;
• thence, S 87° 51' 17" E, along said centerline of Tschache Lane, a distance of
1185.97 feet to a point being the intersection of Tschache Lane and North 11th
Avenue;
94
Ordinance No. 2116, The Lumberyard Zone Map Amendment
Page 4 of 6
• thence, S 01° 41' 44" W, along said centerline of South 11th Avenue, a distance of
490.18 feet to a point being the intersection of North 11th Avenue and Patrick
Street;
• thence, N 87° 55' 39" W, along said centerline of Patrick Street, a distance of
1382.78 feet to the P.O.B.
Said area being 637,299 square feet or 14.63 acres more or less, along with and subject to
all easements of record.
Section 3
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Section 4
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 5
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 6
Codification.
95
Ordinance No. 2116, The Lumberyard Zone Map Amendment
Page 5 of 6
This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a
disposition list in numerical order with all other ordinances of the City and shall be organized in a
category entitled “Zone Map Amendments.”
Section 7
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 24th day of May, 2022.
____________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of
____________________, 2022. The effective date of this ordinance is __________, __, 2022.
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
96
Ordinance No. 2116, The Lumberyard Zone Map Amendment
Page 6 of 6
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
97
98
Memorandum
REPORT TO:City Commission
FROM:Chris Saunders, Community Development Manager
Anna Bentley, Community Development Interim Director
SUBJECT:Continuation of Public Hearings for Silo Annexation and Zone Map
Amendment From May 24, 2022 to June 7, 2022 Regarding Annexation of
115 Acres and Initial Zoning of Residential Emphasis Mixed Use Located
Northwest of the Intersection of Davis Lane and E. Valley Center Road,
Application 21442
MEETING DATE:May 24, 2022
AGENDA ITEM TYPE:Community Development - Legislative
RECOMMENDATION:I hereby move to continue the public hearings for application 21442, the Silo
Annexation and Zone Map Amendment to June 7, 2022.
STRATEGIC PLAN:4.1 Informed Conversation on Growth: Continue developing an in-depth
understanding of how Bozeman is growing and changing and proactively
address change in a balanced and coordinated manner.
BACKGROUND:The public hearings for this item were noticed for May 24, 2022. A
companion action item for provision of sewer services is still being worked
out. The two items need to be placed on the same agenda. Staff requests
the Commission to continue this action until June 7th. No change to the area
of the annexation or the requested zoning will occur with this continuation.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As identified by the City Commission.
FISCAL EFFECTS:None
Report compiled on: May 17, 2022
99
Memorandum
REPORT TO:City Commission
FROM:Jeff Mihelich, City Manager
SUBJECT:Interlocal Agreement Among Gallatin County, City of Bozeman, and City of
Belgrade Establishing a City-County Board of Health
MEETING DATE:May 24, 2022
AGENDA ITEM TYPE:Agreement - Legal
RECOMMENDATION:Move to approve Interlocal Agreement Among Gallatin County, City of
Bozeman, and City of Belgrade Establishing a City-County Board of Health
STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other
public agencies and build on these successes.
BACKGROUND:The Gallatin City-County Board of Health (BOH) was created by interlocal
agreement over 30 years ago and since that time the BOH has been an
excellent example of Bozeman and the County working together for the
benefit of our community. The BOH Interlocal Agreement was last amended
in 1997 to increase board membership. Since that time the BOH has been
successfully operating under that same Interlocal Agreement, including
navigating our community through the pandemic. In 2021, in large response
to the pandemic, the Montana Legislature passed HB 121 and HB 257.
Among other things, these bills required the formation of a “local governing
body” or “governing body” to oversee and approve certain actions of the
BOH.
Negotiations over the composition of the governing body began last year
with consensus reached sometime in early March 2022. During negotiations
but before consensus had been reached, the Gallatin County Commission
voted to terminate the current Interlocal Agreement at its February 18, 2022
meeting. At that time a Notice of Termination was sent to the City indicating
the Interlocal Agreement in place since 1997 would be terminated effective
June 30, 2022.
After the parties agreed on the composition of the local governing body, on
March 14 the County sent the City a final draft of the new Interlocal
Agreement indicating the same had been posted to their agenda for a March
22 vote. The County voted to approve the Interlocal on March 22, 2022.
This version of the Interlocal contained provisions not previously seen by or
discussed with the City which raised concerns. Additional conversations
were held with the County. The City sent proposed edits to the document
on April 21, all of which were rejected by the County on April 29.
Of principle concern was language regarding appropriations. On May 17, the
100
County offered one amendment to the Interlocal to clarify the
appropriations for the BOH. This amendment is incorporated into the
Interlocal the City Commission will vote on at its May 24, 2022 meeting. The
City has been informed should the City approve the amended Interlocal, the
County would vote on May 30.
UNRESOLVED ISSUES:The City Attorney's Office has identified other provisions that raise concerns,
however those concerns and recommended edits have been rejected by the
County. The concern regarding appropriations has been resolved.
ALTERNATIVES:As suggested by the Commission.
FISCAL EFFECTS:None.
Attachments:
Interlocal Agreement Bozeman Belgrade City-County Board
of Health May 2022.pdf
97- City-County Board of Health Increasing Membership.pdf
Report compiled on: May 18, 2022
101
INTERLOCAL AGREEMENT Page 1 of 8
INTERLOCAL AGREEMENT AMONG GALLATIN COUNTY, CITY OF BOZEMAN, AND CITY OF BELGRADE
ESTABLISHING A CITY-COUNTY BOARD OF HEALTH This Interlocal Agreement (“Agreement”) is made pursuant to Title 7, Chapter 11, Part 1, Montana Code Annotated (“MCA”) among Gallatin County (“County”), a political subdivision of
the State of Montana with principal offices at 311 West Main Street, Bozeman, Montana 59715;
the City of Bozeman, a self-governing municipality with principal offices at 121 N Rouse Avenue, Bozeman, Montana 59715; and the City of Belgrade, a self-governing municipality with principal offices at 91 East Central Avenue, Belgrade, Montana 59714 (hereafter “Parties” or “the Parties”).
WHEREAS, the Parties have the authority to enter into this Agreement pursuant to
Sections 7-11-101 through 7-11-108, MCA; and WHEREAS, the County, the City of Bozeman, and the City of Belgrade are separate legal entities that have individual rights and duties as outlined in Montana statute; and
WHEREAS, §50-2-105, MCA, requires a city board of health in each first- and second-class city; and WHEREAS, §50-2-106, MCA, authorizes formation of a city-county board of health; and
WHEREAS, Gallatin County and the City of Bozeman previously entered into an Interlocal Agreement establishing the Gallatin City-County Board of Health; and WHEREAS, the City of Belgrade is now required to have a Board of Health and desires
to be a party to a city-county board of health with the County and the City of Bozeman; and
WHEREAS, §50-1-101(8)(c), MCA (2021), provides that the “local governing body” or “governing body” is “the entity identified as the governing body as established in the bylaws, interlocal agreement, or memorandum of understanding creating a city-county local board of
health;” and
WHEREAS, it is financially and operationally efficient and advantageous to the Parties and the public to create a city-county board of health.
NOW, THEREFORE, in consideration of the mutual promises, benefits, and covenants
made herein, the Parties agree as follows: 1. PURPOSE OF INTERLOCAL AGREEMENT. The purpose of this Agreement is to establish a City-County Board of Health among Gallatin County and the Cities of Bozeman
and Belgrade and to define the membership and responsibilities of the Parties and the
Board. 2. SEPARATE LEGAL ENTITY. No separate legal entity is created by this Agreement.
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INTERLOCAL AGREEMENT Page 2 of 8
3. GOVERNING BODY. The Governing Body of the City-County Board of Health is
comprised of the Board of County Commissioners, one Bozeman City Commissioner, and
one Belgrade City Council Member. At least two concurring votes of the Board of County Commissioners and at least one concurring vote of either the Bozeman City Commission or Belgrade City Council shall be required for the passage of any decision by the Governing Body.
4. RESPONSIBILITIES OF THE GOVERNING BODY. The Governing Body may exercise only the specific powers and duties granted by this Agreement as follows: a. Appoint a local health officer to be employed by the County;
b. In accordance with § 50-2-116(1)(j), MCA, and subject to the provisions of § 50-2-130, MCA, adopt necessary regulations that are not less stringent than state standards for the control and disposal of sewage from private and public buildings and facilities that are not regulated by Title 75, Chapter 6, or Title 76, Chapter 4,
MCA;
c. Adopt necessary fees to administer regulations for the control and disposal of sewage from private and public buildings and facilities;
d. Adopt regulations that do not conflict with § 50-50-126, MCA, or rules adopted by
the Montana Department of Public Health and Human Services: i. For the control of communicable diseases;
ii. For the removal of filth that might cause disease or adversely affect public
health;
iii. Subject to the provisions of §50-2-130, MCA, for sanitation in public and private buildings and facilities that affects public health and for the maintenance of sewage treatment systems that do not discharge effluent directly into state water and that are not required to have an operating permit
as required by rules adopted under §75-5-401, MCA;
iv. Subject to the provisions of § 50-2-130 and Title 50, chapter 48, MCA, for tattooing and body-piercing establishments that are not less stringent that state standards for tattooing and body-piercing establishments;
v. For the establishment of institutional controls that have been selected or
approved by the United States Environmental Protection Agency as part of
a remedy for a facility under the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1990, 42 USC 9601, et seq. or Montana Department of Environmental Quality as part of a remedy for a facility under the Montana Comprehensive Environmental Cleanup and
Responsibility Act, Title 75, Chapter 10, Part 7, MCA; and
vi. To implement the public health laws; and
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INTERLOCAL AGREEMENT Page 3 of 8
e. Pursuant to § 50-2-116(4), MCA, amend, rescind, or otherwise change a directive,
mandate, or order issued by the City-County Board of Health or local health officer
in response to a declaration of emergency or disaster by the governor as allowed in § 10-3-303, MCA, or by the principal executive officer of the County as allowed in § 10-3-402 and § 10-3-403, MCA, after holding a public meeting and allowing public comment.
5. CITY-COUNTY BOARD OF HEALTH. The City-County Board of Health shall be known as the “Gallatin City-County Board of Health.” The City-County Board of Health shall be composed of nine members, as follows: a. One County Commissioner, or County designee;
b. One Bozeman City Commissioner, or Bozeman designee; c. One Belgrade City Council Member, or Belgrade designee;
d. Two members, in addition to the member described in 5(a) above, appointed by the Board of County Commissioners; e. Two members, in addition to the member described in 5(b) above, appointed by the
Bozeman City Commissioners; and
f. Two members, in addition to the member described in 5(c) above, appointed by the Belgrade City Council. Upon approval of this Agreement, the Board’s County Commissioner, City Commissioner,
and City Council Member shall each serve three-year terms. One of the County Commissioners’ appointed members shall serve a two-year term and one member a one-year term. One of the Bozeman City Commissioners’ appointed members shall serve a two-year term and one member a one-year term. One of the Belgrade City Council’s appointed
members shall serve a two-year term and one member a one-year term. Subsequent
appointments shall be for staggered three-year terms. Board members shall be appointed to represent various geographical areas of Gallatin County and various disciplines and occupations, such as health care, community health,
strategic planning, soil and water sciences, environmental health, civil engineering, and
wastewater treatment system installation. Board members shall serve at the pleasure of the appointing governing body. 6. RESPONSIBILITIES OF THE CITY-COUNTY BOARD OF HEALTH. The City-
County Board of Health shall perform the following responsibilities:
a. Recommend to the Governing Body the appointment of a local health officer who is: i. A physician;
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INTERLOCAL AGREEMENT Page 4 of 8
ii. A person with a master's degree in public health; or
iii. A person with equivalent education and experience, as determined by the
department; b. Elect a presiding officer and other necessary officers;
c. Adopt bylaws to govern meetings;
d. Hold regular meetings at least quarterly and hold special meetings as necessary; e. Identify, assess, prevent, and ameliorate conditions of public health importance
through:
i. Epidemiological tracking and investigation; ii. Screening and testing; iii. Isolation and quarantine measures;
iv. Diagnosis, treatment, and case management;
v. Abatement of public health nuisances; vi. Inspections; vii. Collecting and maintaining health information; viii. Education and training of health professionals; or
ix. Other public health measures as allowed by law;
f. Protect the public from the introduction and spread of communicable disease or other conditions of public health importance, including through actions to ensure the removal of filth or other contaminants that might cause disease or adversely
affect public health;
g. Supervise or make inspections for conditions of public health importance and issue written orders for compliance or for correction, destruction, or removal of the conditions;
h. Bring and pursue actions and issue orders necessary to abate, restrain, or prosecute the violation of public health laws, rules, and local regulations; i. Identify to the Montana Department of Public Health and Human Services an
administrative liaison for public health in accordance with § 50-2-116(1)(i), MCA;
j. Propose the regulations for adoption by the Governing Body, and adopt procedural rules necessary to implement and enforce the regulations adopted by the Governing Body;
k. Hear and decide variance requests from the minimum requirements of the regulations adopted by the Governing Body for the control and disposal of sewage, consistent with Admin. R. Mont. 17.36.922;
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INTERLOCAL AGREEMENT Page 5 of 8
l. Hear and decide appeals that allege error of any written decision of the local health
officer; and
m. Review and make recommendations to the Health Department regarding its proposed annual budget.
The City-County Board of Health also may:
a. Accept and spend funds received from a federal agency, the state, a school district, or other persons or entities, subject to the approval by the County of any contract awarding such funds;
b. Promote cooperation and formal collaborative agreements between the local board of health and tribes, tribal organizations, and the Indian health service regarding public health planning, priority setting, information and data sharing, reporting, resource allocation, service delivery, jurisdiction, and other matters addressed in
this title; and
c. Provide, implement, facilitate or encourage other public health services and functions as considered reasonable and necessary, subject to the approval by the County of any contract providing for such services or functions.
7. COUNTY RESPONSIBILITIES. The County shall retain all powers and duties not delegated to the Governing Body or the Board of Health by this Agreement and shall perform the following responsibilities: a. Employ and manage the local health officer;
b. Hire, manage, and supervise all Health Department employees (through the local health officer) consistent with Gallatin County personnel policies; c. Adopt a budget that provides for efficient and effective operation of the City-
County Board of Health and the Health Department; d. For the purposes of financing, the Parties mutually agree that the County shall be responsible for 100% of the total expenses of the Board of Health. The total
expenses will be financed by an appropriation from the general fund of the County
after approval of a budget in the way provided for other county offices and departments under Title 7, Chapter 6, Part 40. This appropriation will be funded by a County-wide mill levy, including properties inside the municipal boundaries, subject to §15-10-420, MCA;
e. Enter all contracts on behalf of the Board of Health and Health Department; f. Enforce violations of the regulations adopted by the Governing Body and the public
health laws on behalf of the Board of Health or Health Department; and
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INTERLOCAL AGREEMENT Page 6 of 8
g. Acquire and dispose of any property for the Board of Health or Health Department
according to Montana law, which property shall be held in the name of Gallatin
County. 8. EFFECTIVE DATE. This Agreement shall be effective on the date the last party executes this Agreement.
9. TERM. This agreement shall be perpetual, unless modified or terminated as provided in this Agreement. 10. AMENDMENT. The terms and conditions of this Agreement may not be amended except
by an instrument in writing executed by all of the Parties. Any party may request an
amendment by serving a written notice on the other Parties. An Amendment is effective when executed in writing by all Parties. 11. TERMINATION. Any party may terminate its participation in this Agreement when its
governing body adopts a resolution for termination and it serves written notice of intent to
terminate on the other Parties, not less than six months before the end of the current fiscal year. 12. NON-WAIVER. Waiver by any party of strict performance or any provision of this
Agreement shall not be a waiver of or prejudice to any of the party’s rights to require strict
performance of the same provision in the future or of any other provisions. 13. HEADINGS. The section headings contained herein are for convenience and reference and are not intended to define or limit the scope of any provision in this Agreement.
14. NOTICES. All notices required under this Agreement shall be deemed properly served if delivered in writing, personally or sent by certified or registered mail to the last address previously furnished by the Parties. Until hereafter changed by the Parties by notice in writing, notices shall be sent to the Gallatin County Administrator, 311 West Main Street,
Bozeman, Montana 59715; the Bozeman City Manager, 121 N Rouse Avenue, Bozeman,
MT 59715; and the Belgrade City Manager 91 East Central Avenue, Belgrade, MT 59714. The date of mailing shall be deemed the date of service. 15. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the
Parties pertaining to its subject matter.
16. APPLICABLE LAW, VENUE, AND ATTORNEY’S FEES. This Agreement shall be governed by the laws of the State of Montana and any action to enforce any right or obligation shall be brought in the Eighteenth Judicial District Court of Montana. The
prevailing party, in any action to enforce this Agreement, shall be entitled to attorney’s
fees including those of the Bozeman City Attorney’s Office, the Belgrade City Attorney’s Office, or the County Attorney’s Office.
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INTERLOCAL AGREEMENT Page 7 of 8
17. MEDIATION. Should a dispute arise as to the meaning of any provisions of this
Agreement or the Parties’ respective rights and obligations under this Agreement that
cannot be resolved by the Parties’ or their designees administering this Agreement, the dispute shall be submitted to mediation. A request to mediate shall be submitted in writing by the party desiring mediation and shall specify the dispute for mediation. Within ten (10) working days after receipt of a request for mediation, the other parties receiving the request
shall submit a written response stating their position on the dispute.
If no agreement or resolution is reached within ten (10) working days after receipt of the responses by the requesting party, the requesting party shall provide a list of three (3) names of mediators to the other parties, who shall strike one name from the list. The party requesting mediation shall then select the mediator from the remaining name(s).
Any decision or recommendation of the mediator is not binding on the Parties. Each party shall be equally responsible for the costs of the mediation. If the Parties are unable to resolve the dispute through mediation, then such dispute may
be resolved in a court of competent jurisdiction in compliance with the Applicable Law
provision of this Agreement. 18. ASSIGNMENT. No Party may assign, transfer, or convey any right or obligation set forth in this Agreement without the prior written consent of all the other Parties.
19. SEVERABILITY. The provisions of this Agreement shall be deemed independent and severable, and the invalidity, partial invalidity, or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provision herein. 20. AUTHORITY. Each individual executing this Agreement represents and warrants that he
or she is duly authorized to execute and deliver this Agreement on the Party’s behalf for whom they executed the Agreement. 21. RECORDATION. The County will be responsible for filing an executed copy of this
Agreement with the Gallatin County Clerk and Recorder and Montana Secretary of State
as required by § 7-11-107, MCA. // // //
//
// //
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INTERLOCAL AGREEMENT Page 8 of 8
GALLATIN COUNTY, MONTANA
By: Chair, Board of County Commissioners Date
ATTEST:
________________________________
Gallatin County Clerk and Recorder
CITY OF BOZEMAN, MONTANA
By:
Mayor Date
ATTEST:
________________________________ Bozeman City Clerk
CITY OF BELGRADE, MONTANA
By:_______________________________
Mayor Date
ATTEST:
________________________________ Belgrade City Clerk
109
0
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF BOZEMAN AND GALLATIN COUNTY
INCREASING BOARD MEMBERSHIP AND CONTINUING
THE GALLATIN CITY - COUNTY BOARD OF HEALTH
MAY 12, 1997
This Interlocal Agreement for a City-County Board of Health as
authorized by Section 50-2-1061 MCAI takes effect on May 121 19971
by and between:
GALLATIN COUNTY I 311 West Mainl Room 3 011 Bozemanl Montana
59715 Phone: 406-582-3000) ; and
THE CITY OF BOZEMAN I 411 East Mainl P.O. Box 6401 Bozemanl
Montana 59771 Phone: 406-582-2320) .
CONTENTS
1. Purpose
2. Term of Agreement
3 . Board Membership
4 . Financing and Budgeting
5. Board Mandatory Duties
6. Board Discretionary Authority
7. Board Employees
8 . Property
9. Disposal of Property upon Termination
10. The County Attorney is the Legal Adviser
IT IS UNDERSTOOD AND AGREED as follows:
1. PURPOSE: The Gallatin City-County Board of Health was
created in July of 1991 with six (6) board members. The purpose of
this present Interlocal Agreement Agreement) is to increase Board
membership; to define Board responsibilities I and to continue the
Gallatin City-County Board of Health Board of Health) .
2. TERM OF AGREEMENT: The initial term of this Agreement
will end June 301 2002. However I the Agreement may be terminated
sooner by either party serving a Notice of Terminationl either by
personal service or by certified maill return-receipt requested, on
the other party at the address listed at the beginning of this
Agreement; such service must be made on or before March 1st of any
yearl including 20021 that it will stop participating in the
Agreement at the end of that fiscal year.
If this Agreement is not terminated on or before June 301
2002, or on the fifth year anniversary or anniversaries of June 301
20021 as provided above I then it shall automatically renew for
successive five 5) year terms.
110
3. BOARD MEMBERSHIP: The Board of Health shall have nine
9 ) board members:
a. a County Commissioner or representative,
b. a City Commissioner or representative,
c. three other members appointed by the County Commission,
d. three other members appointed by the City Commission, and
e. one member appointed jointly by the City and County
Commissions by a majority of each Commission.
oard members shall be appointed, when possible, to represent
various d'fsciplines such as health care, environmental health,
environmental engineering, and the general public. Board members
shall serve at the'pleasure of the appointing governing body.
The term of Commissioner Jane Jelinski, the present County
Commission representative, shall end January 5, 1998.
The term of Bozeman Mayor Don Stueck, the present City
Commission representative, shall end January 5, 1998.
The initial terms of the other members appointed by the County
Commission shall end as follows:
Brad Cooper, January 5, 1998
patricia Butterfield, January 4, 1999
New appointee, January 3, 2000
The initial terms of the other members appointed by the City
Commission"shall end on:
Warren L. Jones, January 5, 1998
Susie M. Smith, January 4, 1999
New appointee, January 3, 2000
The initial term of the member appointed jointly by a majority
of each the City Commission and the County Commission shall end
January 3, 2000.
Subsequent appointments shall be for three year terms.
2
111
4. PINANCING AND BUDGETING: Board of Health operations
shall be financed by a special levy of not more than 5 mills on the
taxable value of all property within the County as authorized by
Section 50-2-111(2), MCA, which is in addition to all other levies.
Other financing sources are authorized by Title SO, Chapter 2, MCA.
The Board of Health shall submit proposed budgets to the
Bozeman City Commission in the way provided for other city offices
and departments under Title 7, Chapter 6, Part 42, MCA.
The Board of Health shall submit proposed budgets to the
County Commission in the way provided for other County offices and
departments under Title 7, Chapter 6, Part 23, MCA
The City Commission and the County Commission shall agree upon
the budget-. All Board of Health funds shall be deposited with the
County Treasurer who shall disburse them as county funds.
5. MANDATORY BOARD DUTIES: The Board of Health is mandated
by Montana law to perform certain duties set forth in Section 50-2-
116(1) , MCA. Appendix A provides the current law.
6. DISCRETIONARY BOARD AUTHORITY: The Board of Health is
given discretionary authority by Montana law to perform certain
acts as authorized by Section 50-2-116 (2) , MCA. Appendix B
provides the current law.
7. BOARD EMPLOYEES: Board of Health Employees will have
benefits at least equal to Gallatin County employees.
8. PROPERTY: Property will be acquired and disposed of
according to Montana law and shall be held in the name of the
Gallatin City-County Board of Health.
If the property to be sold is reasonably of a value of less
than 2,500, the sale may be either public or private at the
discretion of the Board of Health. If the property to be sold is
reasonably of a value of more than $2,500, the sale must be public.
Proceeds from the sale of property shall be deposited with the
County Treasurer for the City-County Board of Health, unless the
sale is caused by the termination of this Interlocal Agreement.
9. DISPOSAL OP PROPERTY UPON TERMINATION: Upon termination
of this Agreement all assets of the Board of Health shall be
accounted for and distributed as the parties mutually agree.
10. THE COUNTY ATTORNEY IS THE LEGAL ADVISER: The County
Attorney is the legal adviser to the Board of Health. Section 50-2-
115, MCA.
3
112
IN WITNESS WHEREOF the City of Bozeman and Gallatin County
have signed this Interlocal Agreement Increasing the Board
Membership and Continuing the Gallatin City-County Board of Health
effective May 1. This Agreement consists of three 3) pages of
text, this signature page, page 4, one City of Bozeman Legal
Approval and Copy Page", which follows, and Appendix A (1 page) and
Appendix B 2 pages) .
BOARD OF COUNTY COMMISSIONERS
GALLATIN COUNTY
e~tRf2~ Date: J-G ~ 't 7
Date:
Jane Jelinski, Member
Date: 3-97
r
Attest:
CITY OF BOZEMAN
J
Date: ho/r'7
i
Attest:
1fL.~d~
Clerk of the City Commission
4
113
Interlocal Agreement Increasing the Board Membership and Continuing
the Gallatin City-County Board of Health effective May 1, 1997.
City of Bozeman Legal Approval and Copy Page, page 5
content:
Pau
Copies:
Joe Menicucci, City.Manager
City of Belgrade
88 North Broadway
Belgrade, Montana 59714
Vicki Ellison, Clerk
Town of Manhattan
P.O. Box 96
Manhattan, Montana 59741
Sharon Smith, Clerk
City of Three Forks
P.O. Box 187
Three Forks, Montana 59752
Larry Binfet, Clerk
Town of West Yellowstone
P.O. Box 579
West Yellowstone, Montana 59758
5
114
APPENDIX A
BOARD OF HEALTH MANDATORY DUTIES: The Board of Health is
mandated by Montana law to perform certain duties, which are
changed from time to time. As of the date of this Agreement
Section 50-2-116(1), MCA, mandates the Board of Health to:
a) appoint a local health officer who is a physician or
a person with a master's degree in public health or the
equi valent and wi th appropriate experience, as determined
by the Department of Public Health and Human Services,
and shall fix the health officer's salary;
b) elect a presiding officer and other necessary
officers;
c) employ necessary qualified staff;
d) adopt bylaws to govern meetings;
e) hold regular meetings at least quarterly and may set
meetings more frequently by Bylaw;
f) supervise destruction and removal of all sources of
filth that cause disease;
g) guard against the introduction of communicable
disease;
h) supervise inspections of public establishments for
sanitary conditions;
i) subject to the provisions of Section 50-2-130, MeA,
adopt "necessary regulations that are not less stringent
than state standards for the control and disposal of
sewage from private and public buildings that is not
regulated by Title 75, chapter 6, or Title 76, chapter 4,
MCA. The regulations must describe standards for
granting variances from the minimum requirements that are
identical to standards promulgated by the Board of
Environmental Review and must provide for appeal of
variance decisions to the department as required by
Section 75-5-305, MCA.
t"
115
APPENDIX B
BOARD OF HEALTH DISCRETIONARY AUTHORITY: The Board of Health
is given discretionary authority by Montana law to perform certain
duties, which are changed from time to time. As of the date of
this Interlocal Agreement Section 50-2-116(2), MCA, gives the Board
of Health discretion to:
a) quarantine persons who have communicable diseases;
b) require isolation of persons or things that are
infected with communicable diseases;
c) urnish treatment for persons who have communicable
diseases;
d) prohibit the use of places that are infected with
communicable diseases;
e) require and provide means for disinfecting places
that are infected with communicable diseases;
f) accept and spend funds received from a federal
agency, the state, a school district, or other persons;
g) contract with another local board for all or a part
of local health services;
h) reimburse local health officers for necessary
expenses incurred in official duties;
i) abate nuisances affecting public health and safety
or bring action necessary to restrain the violation of
public health laws or rules;
j ) adopt necessary fees to administer regulations for
the control and disposal of sewage from private and
public buildings. The fees must be deposited with the
county treasurer.
k) adopt rules that do not conflict with rules adopted
by the Department of Public Health and Human Services:
i) for the control of communicable diseases;
ii) for the removal of filth that might
cause disease or adversely affect public
health;
iii) subject to the provisions of Section
50-2-130, MCA, on sanitation. in public
buildings that affects public health;
116
iv) for heating, ventilation, water supply,
and waste disposal in public accommodations
that might endanger human lives;
v) subject to the provisions of Section
50-2-130, MCA, for the maintenance of sewage
treatment systems that do not discharge an
effluent directly into state waters and that
are not required to have an operating permit
as required by rules adopted under Section
75-5-401, MCA; and,
vi) for the regulation, as necessary, of the
practice of tattooing, which may include
registering tattoo artists, inspecting tattoo
stablishments, adopting fees, and also
adopting sanitation standards that are not
less stringent than standards adopted by the
Montana Department of Public Health and Human
Services, pursuant to Section 50-1-202, MCA.
For the purposes of this subsection, tattoo"
means making permanent marks on the skin by
puncturing the skin and inserting indelible
colors.
2
117
Memorandum
REPORT TO:City Commission
FROM:Tom Rogers, Senior Planner
Chris Saunders, Community Development Manager
Anna Bentley, Community Development Interim Director
Brian Heaston, Engineer III
SUBJECT:Ordinance 2108 Provisional Adoption Amending Well Use Requirement
Update the City of Bozeman (City) regulations for review of subdivisions to
conform to the Montana Subdivision and Platting Act, recently updated by
the State Legislature, Application 22137.
MEETING DATE:May 24, 2022
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION:Having reviewed and considered the staff report, draft ordinance, public
comment, and all information presented, I hereby adopt the findings
presented in the staff report for application 22137, and move to
provisionally adopt Ordinance 2108.
STRATEGIC PLAN:4.1 Informed Conversation on Growth: Continue developing an in-depth
understanding of how Bozeman is growing and changing and proactively
address change in a balanced and coordinated manner.
BACKGROUND:The code amendments contained in Ordinance 2108 are a response from
changes at the state level on how water well are classified and can be used.
These changes have serious policy implications of the City of Bozeman. The
City had no control over the development of these state initiated rule
changes.
The water supply for irrigation of parks, ROW, and open space areas typically
came from “exempt wells” within the boundary of a development; a
subdivision or site plan. An exempt well is a well that draws less than 35
gallons per minute and 10 acre-feet per year. In larger subdivision and
developments irrigation of landscaped areas may require multiple exempt
wells to meet demand. The Department of Environmental Resources and
Conservation (DNRC), the body responsible for water rights in the state of
Montana, modified rules that prohibit the use of more than one exempt well
within a development.
Because the Gallatin Valley is considered a closed basin for water rights
permitting multiple exempt wells for a single development is for all intents
and purpose impossible. Therefore, if a development requires more water
118
than can be supplied for one exempt well, the difference can only be
supplied by a municipal water supply system.
The proposed code changes contained in Ordinance 2108 are a reaction to
this change and create flexibility to continue the orderly development of the
city by codifying these rules changes into the Unified Development Code
(UDC).
UNRESOLVED ISSUES:None
ALTERNATIVES:1. Deny the ordinance based on findings of non-compliance with the
applicable criteria contained within the staff report;
2. Adopt the ordinance with directed amendments; or
3. Open and continue the public hearing on the application, with specific
direction to staff to supply additional information or to address specific
items.
FISCAL EFFECTS:None
Attachments:
22137 CC Staff Report Final.pdf
Ordinance 2108_Irrigation Water Supply 5-13-22 w strike
through and underline.pdf
Report compiled on: May 12, 2022
119
Page 1 of 16
22137 Staff Report for the Well Use Requirement Text Amendment,
Ordinance 2108
Public Hearing Date(s): Community Development Board will hold a public hearing on
May 16, 2022 at 6:00 pm.
City Commission public hearing will be held on May 24, 2022 at 6:00 pm.
Project Description: Update the City of Bozeman (City) regulations for review of
subdivisions to conform to the Montana Subdivision and Platting Act, recently updated
by the State Legislature. See Appendix A for the detailed description.
Project Location: Revision to the text is applicable City-wide.
Recommendation: Meets standards for approval
Community Development Board Motion: Having reviewed and considered the staff report,
draft ordinance, public comment, and all information presented, I hereby adopt the
findings presented in the staff report for application 22137 and move to recommend
approval of Ordinance 2108.
Recommended Commission Motion: Having reviewed and considered the staff report, draft
ordinance, public comment, and all information presented, I hereby adopt the findings
presented in the staff report for application 22137, and move to provisionally adopt
Ordinance 2108.
Report Date: May 12, 2022
Staff Contact: Tom Rogers, Senior Planner
Brian Heaston, Engineer III
Agenda Item Type: Action – Legislative
EXECUTIVE SUMMARY
This report is based on the analysis of required elements of state law regarding subdivision
review and public comment received to date.
Unresolved Issues
None.
Project Summary
The code amendments contained in Ordinance 2108 are a response from changes at the state
level on how water well are classified and can be used. These changes have serious policy
120
Staff Report for the Well Use Requirement Text Amendment 22137 Page 2 of 16
implications of the City of Bozeman. The City had no control over the development of these
state initiated rule changes.
The water supply for irrigation of parks, ROW, and open space areas typically came from
“exempt wells” within the boundary of a development; a subdivision or site plan. An exempt
well is a well that draws less than 35 gallons per minute and 10 acre-feet per year. In larger
subdivision and developments irrigation of landscaped areas may require multiple exempt
wells to meet demand. The Department of Environmental Resources and Conservation
(DNRC), the body responsible for water rights in the state of Montana, modified rules that
prohibit the use of more than one exempt well within a development.
Because the Gallatin Valley is considered a closed basin for water rights permitting multiple
exempt wells for a single development is for all intents and purpose impossible. Therefore, if
a development requires more water than can be supplied for one exempt well, the difference
can only be supplied by a municipal water supply system.
The proposed code changes contained in Ordinance 2108 are a reaction to this change and
create flexibility to continue the orderly development of the city by codifying these rules
changes into the Unified Development Code (UDC).
Please refer to Appendix A of this report and Section 1, Legislative Findings, in Ordinance
2108 for more detail.
Community Development Board Summary
On May 16, 2022 the Bozeman Community Development Board considered Ordinance 2108
and voted 7:1 to recommend approval to the City Commission. The dissenting vote was based
on the desire that these amendments should be accompanied by conservation amendments for
landscape and park standards.
https://bozeman.granicus.com/player/clip/305?view_id=1&redirect=true
Alternatives
1. Deny the ordinance based on findings of non-compliance with the applicable criteria
contained within the staff report;
2. Adopt the ordinance with directed amendments; or
3. Open and continue the public hearing on the application, with specific direction to staff to
supply additional information or to address specific items.
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Alternatives ......................................................................................................................... 2
SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 4
SECTION 2 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS ....................... 4
Section 76-1-606, MCA (Effect of Growth Policy on Subdivision Regulations) .............. 4
Section 76-3-102, MCA (Subdivision Purposes)................................................................ 6
Section 76-3-501, MCA (Subdivision Purposes)................................................................ 8
SECTION 3 - ZONE AMENDMENT STAFF ANALYSIS AND FINDINGS..................... 10
Spot Zoning Criteria ......................................................................................................... 13
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 13
APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 14
APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 16
APPENDIX C - APPLICANT INFORMATION AND REVIEWING STAFF .................... 16
FISCAL EFFECTS ................................................................................................................. 16
ATTACHMENTS ................................................................................................................... 16
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SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS
Having considered the criteria established for a text amendment, the Staff recommends approval
as proposed.
The Community Development Board acting in their capacity as the Planning Board and Zoning
Commissions will hold a public hearing on these amendments on May 16, 2022 at 6:00 p.m.
The City Commission will hold a public hearing on the text amendment on May 24, 2022 at 6:00
p.m.
SECTION 2 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS
In considering applications for approval under this title, the advisory boards and City Commission
must consider the following criteria. As an amendment is a legislative action, the Commission has
broad latitude to determine a policy direction but must be consistent with the criteria.
The existing development review processes and standards were previously found to satisfy all of
the following criteria during earlier reviews. The focus of this report is only on the amendments
proposed. Where a finding of Neutral is presented it represents that the criteria is either not
applicable to the proposed amendments or that the change does not materially advance or detract
from compliance. Therefore, a finding of Neutral is not an indication of a deficiency in the
proposed amendments or the existing standards.
Section 76-1-606, MCA (Effect of Growth Policy on Subdivision Regulations)
1. Subdivision regulations adopted after a growth policy has been adopted must be
made in accordance with the growth policy.
Criterion met. The proposed amendments are made in accordance with the adopted growth
policy, the Bozeman Community Plan 2020 (BCP 2020), while respecting state imposed
requirements. No conflicts with the goals and objectives of the Bozeman Community Plan
have been identified.
State law requires a growth policy to describe how the community will consider the primary
review criteria of 76-3-608(3) for subdivision review. This is on pages 68-70 of the BCP 2020.
Water use and consumption are critical concern of multiple City plans and contribute to the
quality of environment resident’s experience. The amendments in Ordinance 2108 comply
with state law and create flexibility on how public areas may be irrigated. These areas include
dedicated parkland, public boulevards, streetscapes, and certain open space areas.
Theme 1 of Chapter 2 addresses resiliency. Communities and the world around them are
constantly changing. Resilient communities rebound, positively adapt to, and thrive amidst
changing conditions or challenges and maintain quality of life, healthy growth, durable
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systems, and conservation of resources for present and future generations. Resiliency addresses
both short-term or one-time shocks as well as long-term stressors.
Goal R-1: Continue to strengthen and develop resilience as a community.
R-1.1 Be reflective: use past experience to inform future decisions.
Currently, the City requires well water to irrigate public areas and requires all public areas
to be landscaped. Larger developments may require multiple irrigation wells to be used to meet
irrigation needs. The changes to state regulation use of multiple wells are considered to be
exceeding the exempt well classification and are now determined to be consuming a water
right. The proposed code changes allow the excess water needs to be covered by municipal
water supply. Therefore, if municipal water is used to irrigate public areas, the Integrated Water
Resource Plan and Implementation plan will inform how to manage water consumption of
these areas. The City’s extensive experience managing and monitoring water consumption in
public areas will inform future development of public areas.
R-1.2 Be resourceful: recognize alternative ways to use resources.
Water consumption is influenced by many variables including the size of an area to be
watered, plant selection, subsurface geology, topography, adjacent land use, how the area is
used, and a variety of other factors. The proposed text changes create an alternative means to
irrigate public lands. Although state regulations are imposing a significant policy change on
the local government, the code changes respond in the most positive fashion possible creating
flexibility for the developer or municipality on where irrigation water comes from.
Theme 4 of Chapter 2 applies to the natural environment, parks, and open lands. Protecting our
immediate and regional ecosystem requires diligence and careful planning as Bozeman and
Gallatin County continue to grow. Responding to climate change, protecting the health of our
water systems and our air quality, and grappling with the impacts of increased human
population and invasive plants and animals are some of our challenges.
Goal EPO-1: Prioritize strategic acquisition of parks to provide a variety of recreational
opportunities throughout the City.
EPO-1.2 Collaborate with partner agencies and organizations to establish sustainable
funding sources for ongoing acquisition, construction, and operations of City parks, trails,
gardens, and open space.
Although the changes in ARM rules are necessitating these proposed code changes are
more prescriptive than collaborative the result will likely improve operations of parks, trails,
and open space by creating a more realistic cost-benefit consideration when determining
appropriate landscaping for a particular area. In addition, these changes will highlight the
actual cost of water if the irrigation system is connected to the City water system.
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Goal EPO-3: Address climate change in the City’s plans and operations.
EPO-3.3 Support water conservation, use of native plants in landscaping, and
development of water reuse systems
Using exempt wells for irrigation distorts the cost of ongoing maintenance of irrigated
areas. Lager developments may need supplemental water supply from the City’s water system.
The cost associated with this source will increase maintenance and may result in revising the
type and the extent of landscaping materials in public areas that are more representative of
native plants resulting in water conservation.
EPO-3.5 Update land development standards to implement the Integrated Water Resources
Plan. The first priority for implementing the IWRP is developing a successful water
conservation program. Conservation fills the largest proportionate share of the City’s projected
17,750 acre-foot supply gap by providing 10,100 acre-feet of water savings. The program is
focusing developing effective outreach and education programs targeting voluntary indoor and
outdoor water reduction. Additional a tiered rate system has been implemented to curb
excessive water use in peak demand periods. The code revisions in Ordinance 2108 will further
the efforts laid out in the IWRP.
Section 76-3-102, MCA (Subdivision Purposes)
2. Promote the public health, safety, and general welfare by regulating the
subdivision of land.
Criterion is met. The proposed regulations promote the public health, safety, and general
welfare by requiring compliance with the Montana Subdivision and Platting Act and the March
23, 2022 MT DNRC Combined Appropriation Guidance stating that groundwater must receive
a pre-determination from MT DNRC that all exempt wells proposed for the subdivision will
stay at or under a combined appropriation of 10 acre-feet per year regardless of the distance
between proposed wells. A combined appropriation of groundwater for a project or
development exceeding 35 gallons per minute and 10 acre-feet per year requires a water right
permit and a combined appropriation under 10 acre-feet per year using wells pumping no more
than 35 gallons per minute is exempt from permitting.
The City’s adopted standards for land development which apply to the subdivision process
ensure adequate water supply for uses with a development and other features which support
this criterion.
Further, it is unlikely that all new development applicants will be able to comply with the
existing City of Bozeman requirement that, without exception, all parks, open spaces, and
certain rights-of-way areas use a well for irrigation considering the March 23, 2022 Combined
Appropriation Guidance because, unlike an exempt irrigation well, there is no guaranteed
outcome that an applicant can obtain a permit for an irrigation well from MT DNRC.
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Therefore, the proposed code changes in Ordinance 2108 allow greater flexibility to meet the
overall development standards of the City.
3. Prevent the overcrowding of land.
Neutral. Overcrowding is the condition arising from more intensity of use than the property
and infrastructure is capable of supporting. The proposed regulations do not address the
underlying analysis of whether a proposed land use is the appropriate intensity of use. The
City’s standards regarding appropriate intensity of use are established through the City’s
zoning districts which are not changed with these amendments. The necessary infrastructure
to support development must still be provided in a timely manner and in sufficient quantity to
address needs of the development. Section 2 and 3 of the ordinance requires demonstration of
compliance with standards including parkland and parkland maintenance to mitigate any
perceived overcrowding.
4. Lessen congestion in the streets and highways.
Neutral. The proposed amendments do not change the existing standards which address this
criterion. Adequate information to demonstrate compliance with adopted standards must still
be presented as part of application submittals. The City’s transportation master plan and capital
improvements program address needed expansions and improvements. Local improvements
will continue to be required for individual subdivisions as currently is required.
5. Provide adequate light, air, water supply, sewage disposal, parks and recreation
areas, ingress and egress, and other public improvements.
Yes. The existing regulations set forth processes and standards by which a development
ensures required water supply, sanitary sewer, streets, stormwater, parks, etc. are provided.
Compliance with those requirements is required as part of the submittal requirements for
subdivision application. Construction follows approval of a preliminary plat and generally is
completed before the final plat is approved.
The provisions for park and recreation areas are in place and are not being modified with this
Ordinance, only the maintenance thereof.
The regulations have no impact on providing adequate light and air. See also Zoning Criteria
D and E. The criterion is met.
6. Require development in harmony with the natural environment.
Neutral. The proposed amendments do not specifically address this issue. The existing
standards for protection of water courses, wetlands, etc. are not modified. Revisions are made
to data submittal requirements. As more information becomes readily available on demand the
specific information for an individual application can become more focused on essential
material unique to that site. The proposed amendments do reduce required information to be
submitted with individual subdivision applications. In fact, state changes demand full
disclosure up front by the developer to show how much water is needed for their plan and
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where water consumption comes from; i.e. exempt well, City water supply, or a combination
thereof. Due to the increased general availability of information, the reduction in application-
specific submittal material will not negatively affect this criterion.
7. Protect the rights of property owners.
Criterion is met. Article 2, Section 3 of the Montana Constitution recognizes that land owners
have both property rights and associated responsibilities. The proposed amendments protect
the rights of property owners by memorializing state requirements not under the control of the
local governing body for water adequacy to support a proposed development which is
consistent with state law. This section completes the necessary regulatory elements in generally
applicable standards to address the primary review criteria for subdivisions.
8. Require uniform monumentation of land subdivisions and transferring interests
in real property by reference to a plat or certificate of survey.
Neutral. The proposed amendments do not alter the standards previously found adequate to
address this requirement.
Section 76-3-501, MCA (Subdivision Purposes)
This section requires local governments to adopt regulations that reasonably provide for:
9. Orderly development within the jurisdictional area.
Criterion is met. Section 76-3-622 Mont. Code Ann. details water and sanitation information
that accompanies preliminary plat applications and states that review of a subdivision should
primarily focus on compliance with the established regulations. The City has over time
established standards addressing most of the subdivision primary review criteria created in 76-
3-608 MCA, including water adequacy. As noted earlier the MT DNRC revised its ‘Combined
Appropriation Guidance’ (attached to this Ordinance 2108 as Exhibit A) to clarify that any
subdivision of land, as defined under Montana Code Annotated §76-4-102, created after
October 17, 2014 that uses groundwater, must receive a pre-determination from MT DNRC
that all exempt wells proposed for the subdivision will stay at or under a combined
appropriation of 10 acre-feet per year regardless of the distance between proposed wells.
The proposed amendments do not modify the standards for layout of parks, streets, or other
elements of order. The amendments are primarily focused on water adequacy for public areas
within and adjacent to a development. Additional standards are being created as a foundation
for possible future amendments to codify water conservation. These additional standards will
further support orderly development through early contact with affected parties and providing
opportunities to avoid or address conflicts earlier in the review process.
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10. Coordination of roads within subdivided land with other roads, both existing
and planned.
Neutral. The proposed amendments do not alter the existing standards or planned locations
for road placement or expansion. New subdivisions will continue to be required to coordinate
the development of roads servicing the development with the overall street grid of the City,
both existing and planned. See also Zoning Criterion F.
11. Dedication of land for roadways and for public utility easements.
Neutral. The proposed amendments do not alter the existing standards for the width or planned
locations for road placement or expansion. New subdivisions will continue to be required to
coordinate the development of roads servicing the development with the overall street grid of
the City, both existing and planned. Configuration of easements for public utilities such as
water or sewer are not changing. See also Zoning Criterion F.
12. Improvement of roads.
Neutral. The proposed amendments do not alter the existing standards for road improvements
New subdivisions will continue to be required to coordinate the development of roads servicing
the development with the overall street grid of the City, both existing and planned. Most
detailed construction standards are now and will continue to be included in the Design and
Specifications created by the Engineering Division. See also Zoning Criterion F.
13. Provision of adequate open spaces for travel, light, air and recreation.
Criteria is met. The proposed amendments do not alter the existing standards for open space
or parks. The purpose of these amendments is to comply with State Statute and
Administrative Rules of Montana.
Standards for light and air are generally established by the Building Code and Zoning
regulations for individual lots. No changes are proposed affecting the amount of land to be set
aside for public parks.
14. Adequate transportation, water and drainage.
Neutral. City standards for the referenced infrastructure is unchanged by the proposed
amendments. See comments in Subdivision Criteria 10-13. See also Zoning Criteria D and F.
15. Regulation of sanitary facilities, subject to section 76-3-511, MCA.
Neutral. The proposed amendments do not modify the regulations in place to ensure adequate
sanitary facilities to serve the development are installed in accordance with City standards.
The City has not established standards greater than state regulations or guidelines that would
be affected by 76-3-511. See also Zoning Criterion D.
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16. Avoidance or minimization of congestion.
Neutral. See responses to Criterion 3 and 4, and 10-14 above. As noted above, the proposed
amendments are focused on the water adequacy for irrigation for subdivision applications.
These processes do not in themselves address this criterion.
17. Avoidance of subdivision which would involve unnecessary environmental
degradation and the avoidance of danger or injury to health, safety, or welfare by
reason of natural hazard or the lack of water, drainage, access, transportation, or other
public services or would necessitate an excessive expenditure of public funds for the
supply of such services.
Criterion is met. The proposed regulation ensures that adequate water is available for irrigation
requirements. While the proposed changes do not change water demand it does, in some cases,
shift the source of irrigation water from exempt well(s) to City supply. Gallatin County is a
closed basin with all water right appropriated to existing users. The additional demand caused
by these changes, in the long term, may deplete the City’s water supply more quickly than the
existing paradigm. However, there is no net change in water consumption, rather a shift whose
water is used.
See also Zoning Criteria A, D, and F. The criterion is met.
SECTION 3 - ZONE AMENDMENT STAFF ANALYSIS AND FINDINGS
In considering applications for plan approval under this title, the advisory boards and City
Commission must consider the following criteria (letters A-K). As an amendment is a
legislative action, the Commission has broad latitude to determine a policy direction. The
burden of proof that the application should be approved lies with the applicant.
A zone map amendment must be in accordance with the growth policy (criteria A) and be
designed to secure safety from fire and other dangers (criteria B), promote public health, public
safety, and general welfare (criteria C), and facilitate the provision of transportation, water,
sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a
zone map amendment the Commission must find Criteria A-D are met.
In addition, the Commission must also consider criteria E-K, and may find the zone map
amendment to be positive, neutral, or negative with regards to these criteria. To approve the
zone map amendment, the Commission must find the positive outcomes of the amendment
outweigh negative outcomes for criteria E-K.
In determining whether the criteria are met, Staff considers the entire body of plans and
regulations for land development. Standards which prevent or mitigate negative impacts are
incorporated throughout the entire municipal code but are principally in Chapter 38, Unified
Development Code.
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The existing development review processes and standards were previously found to satisfy all
of the following criteria during earlier reviews. The focus of this report is only on the
amendments proposed. Where a finding of Neutral is presented it represents that the criteria is
either not applicable to the proposed amendments or that the change does not materially
advance or detract from compliance. Therefore, a finding of Neutral is not an indication of a
deficiency in the proposed amendments or the existing standards.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Criterion is met. The proposed amendments are made in accordance with the adopted growth
policy, the Bozeman Community Plan 2020 (BCP 2020), while respecting state imposed
requirements. No conflicts with the goals and objectives of the Bozeman Community Plan
have been identified.
State law requires a growth policy to describe how the community will consider the primary
review criteria of 76-3-608(3) for subdivision review. This is on pages 68-70 of the BCP 2020.
Water use and consumption are critical concern of multiple City plans and contribute the
quality of environment resident’s experience. The amendments in Ordinance 2108 comply
with state law and create flexibility on how public areas may be irrigated. These areas include
dedicated parkland, public boulevards, streetscapes, and certain open space areas.
See also the discussion in Subdivision Criterion 1 above.
B. Secure safety from fire and other dangers.
Criterion is met. As noted in Criteria A and 17 above, the City expects development to show
adequate water for irrigation. The other standards already in place for fire and other protection
remain in place and will continue to protect the public.
C. Promote public health, public safety, and general welfare.
Criterion is met. The existing standards addressing this criterion remain in place. See also
responses to Criteria A, B, 2, 5, 14, and 17 above.
D. Facilitate the provision of transportation, water, sewerage, schools, parks
and other public requirements.
Criterion is met. The City conducts extensive planning for municipal transportation, water,
sewer, parks, and other facilities and services provided by the City. The adopted plans allow
the City to consider existing conditions and identify enhancements needed to provide
additional service needed by new development. The City implements these plans through its
capital improvements program that identifies individual projects, project construction
scheduling, and financing of construction. As stated in the subdivision review criteria above,
the existing standards regarding provision of infrastructure for these services will not change.
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The focus of the amendments is primarily on irrigation water supply source. These include
improvements to comply with state law, water supply transparency, and water demand
estimates. Mitigation of impacts of new development on parks and recreation is required in 76-
3-621 Mont. Code Ann.
E. Reasonable provision of adequate light and air.
Neutral. The proposed amendments do not alter existing standards for setbacks, open space,
park dedication, or other related issues. The standards previously adopted to address this
criterion remain in place.
F. The effect on motorized and non-motorized transportation systems.
Neutral. The City conducts extensive planning for municipal transportation, trails, and parks
related to this criterion and services provided by the City. The adopted plans allow the City to
consider existing conditions and identify enhancements needed to provide additional service
needed by new development. The proposed amendments do not alter these plans or associated
standards. The subdivision and site planning process require applicants to demonstrate
compliance with the adopted standards. Therefore, the impacts on transportation should be
minimal from these amendments.
G. Promotion of compatible urban growth.
Criterion is met. Development standards and zoning districts ensure the City grows in a
compatible manner. The City has defined compatible development as:
“The use of land and the construction and use of structures which is in harmony with
adjoining development, existing neighborhoods, and the goals and objectives of the City's
adopted growth policy. Elements of compatible development include, but are not limited to,
variety of architectural design; rhythm of architectural elements; scale; intensity; materials;
building siting; lot and building size; hours of operation; and integration with existing
community systems including water and sewer services, natural elements in the area,
motorized and non-motorized transportation, and open spaces and parks. Compatible
development does not require uniformity or monotony of architectural or site design, density
or use.”
The City has adopted many standards to identify and avoid or mitigate demonstrable negative
impacts of development. Other standards addressing compatibility are not being modified
through these amendments. Compliance with City standards is generally considered adequate
to avoid negative impacts of development.
H. Character of the district.
Neutral. Section 76-2-302, MCA says “…legislative body may divide the municipality into
districts of the number, shape, and area as are considered best suited to carry out the purposes
[promoting health, safety, morals, or the general welfare of the community] of this part.”
Emphasis added.
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This proposal amends the text and not the zoning map. The amended text is affecting source
water for irrigation of parks and other public areas. Therefore, no element of this amendment
modifies the standards of any zoning district. The character of the districts as created by those
standards remains intact. The zoning related elements in Sections 3-5, 10, 11, and 2 and 3 of
Ordinance 2108 address landscaping of public lands and park development that will not modify
the character of districts.
I. Peculiar suitability for particular uses.
Neutral. The proposed amendments are not changing the zoning map or the uses allowed within
zoning districts. Therefore, no detailed analysis regarding this criterion can be performed. The
analysis as required in Subdivision Criterion 17 remains in place and will be performed with
each subdivision. This existing process will address this criterion.
J. Conserving the value of buildings.
Neutral. The proposed amendments are not changing the zoning map or the uses allowed within
zoning districts. No standard is being created which will reduce allowed building areas or
otherwise restrict the development capacity of a specific property.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Neutral. The zoning map and future land use map of the growth policy identify areas where
specific uses are generally appropriate. However, both occur at a coarse level of detail and do
not authorize construction. Irrigating of public lands is one of many finer details involved with
development in an urban setting. The amendments being considered do not alter or
significantly impact the use of land as a map amendment or any modification of form and
intensity standards, permitted uses, or other more impactful change. The amendments do not
change this outcome.
Spot Zoning Criteria
Rezoning may, in certain factual circumstances, constitute impermissible “spot zoning.” The
proposed amendments do not alter the zoning map in any way. Therefore, no analysis of spot
zoning criteria is provided.
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE
OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT
AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A
PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT
BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING
MEMBERS OF THE CITY COMMISSION.
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The City will accept written protests from property owners against the proposal
described in this report until the close of the public hearing before the City Commission.
Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property
within the area affected by the proposal or by owner(s) of real property that lie within 150 feet
of an area affected by the proposal. The protest must be in writing and must be signed by all
owners of the real property. In addition, a sufficient protest must: (i) contain a description of
the action protested sufficient to identify the action against which the protest is lodged; and (ii)
contain a statement of the protestor's qualifications (including listing all owners of the property
and the physical address), to protest the action against which the protest is lodged, including
ownership of property affected by the action. Signers are encouraged to print their names after
their signatures. A person may in writing withdraw a previously filed protest at any time prior
to final action by the City Commission. Protests must be delivered to the Bozeman City
Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230.
APPENDIX A - DETAILED PROJECT DESCRIPTION AND
BACKGROUND
The code amendments contained in Ordinance 2108 are a response from changes at the state
level on how water wells are classified and can be used. These changes have serious policy
implications of the City of Bozeman. The City had no control over the development of these
state initiated rule changes.
The water supply for irrigation of parks, ROW, and open space areas typically came from
“exempt wells” within the boundary of a development; a subdivision or site plan. An exempt
well is a well that draws less than 35 gallons per minute and 10 acre-feet per year. In larger
subdivisions and developments irrigation of landscaped areas may require multiple exempt
wells to meet demand. The Department of Environmental Resources and Conservation
(DNRC), the body responsible for water rights in the state of Montana, modified rules that
prohibit the use of more than one exempt well within a development.
Because the Gallatin Valley is considered a closed basin for water rights permitting multiple
exempt wells for a single development is for all intents and purpose is impossible. Therefore,
if a development requires more water than can be supplied for one exempt well, the difference
can only be supplied by a municipal water supply system.
The proposed code changes contained in Ordinance 2108 are a reaction to this change and
create flexibility to continue the orderly development of the city by codifying these rules
changes into the Unified Development Code (UDC).
Further, the existing municipal water supply of the City of Bozeman is an essential resource
that sustains public health, safety and welfare and is highly susceptible to the impacts of
drought therefore necessitating wise use and conservation of the limited water resource. The
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City of Bozeman has enacted development regulations within its unified development code to
conserve the existing municipal water supply by requiring the use of groundwater wells for
irrigation of parks, open spaces and certain rights-of-way areas in new developments.
That landscapes in parks, open spaces, and rights-of-way demand irrigation water supply that
is physically and legally adequate to maintain healthy and viable landscape for the public’s use
and enjoyment.
All waters within the State of Montana are owned by the state and the legal use of water
requires a water right. The Montana Department of Natural Resources and Conservation (MT
DNRC) is the agency of the State of Montana that is authorized under the laws of the state to
issue new water rights or changes to existing water rights and water right permits.
On March 23, 2022 the MT DNRC revised its ‘Combined Appropriation Guidance’ (attached
to this Ordinance 2108 as Exhibit A) to clarify that any subdivision of land, as defined under
Montana Code Annotated §76-4-102, created after October 17, 2014 that uses groundwater,
must receive a pre-determination from MT DNRC that all exempt wells proposed for the
subdivision will stay at or under a combined appropriation of 10 acre-feet per year regardless
of the distance between proposed wells.
A combined appropriation of groundwater for a project or development exceeding 35 gallons
per minute and 10 acre-feet per year requires a water right permit (“permitted wells”) and a
combined appropriation under 10 acre-feet per year using wells pumping no more than 35
gallons per minute is exempt from permitting (“exempt wells”). The current MT DNRC
process to obtain a permitted irrigation well in a closed basin is protracted, cumbersome,
technically complex and, unlike an exempt irrigation well, is without a reasonably certain or
guaranteed outcome that a water right will be obtained.
With limited exception, exempt wells serve as the physical and legal irrigation water source
for existing parks, open spaces and certain rights-of-way areas in the City of Bozeman.
It is unlikely that all new development applicants will be able to comply with the existing City
of Bozeman requirement that, without exception, all parks, open spaces, and certain rights-of-
way areas use a well for irrigation considering the March 23, 2022 Combined Appropriation
Guidance because, unlike an exempt irrigation well, there is no guaranteed outcome that an
applicant can obtain a permit for an irrigation permitted well from MT DNRC.
Amendments of certain municipal code sections enacted by this Ordinance 2108 are necessary
to remove the mandatory requirement that wells be used for irrigation of parks, open space and
certain rights-of-way areas in new developments in order to avoid undue hardship created by
the March 23, 2022 Combined Appropriation Guidance and to provide necessary flexibility to
allow for other sources of irrigation water supply for these landscaped areas
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APPENDIX B - NOTICING AND PUBLIC COMMENT
Notice for text amendments must meet the standards of Bozeman Municipal Code 38.420.080
and 38.550.070. Notice was published in the Bozeman Daily Chronicle as required and
contained all required elements. Notice was provided at least 15 days before the Planning
Board public hearing, and not more than 45 days prior to the City Commission public hearing.
Notice was published in the Bozeman Daily Chronicle on 05/01/2022 and 05/08/2022. The
City exceeded the required notice provision. Hearing dates are on the first page of this report.
Public hearings were held by the Community Development Board acting in their capacity as
the Planning Board and Zoning Commission as noted above. No oral or written public
comment has been received as of the writing of this report.
APPENDIX C - APPLICANT INFORMATION AND REVIEWING STAFF
Applicant: City of Bozeman, PO Box 1230, Bozeman MT 59771
Representative: Department of Community Development, City of Bozeman, PO Box 1230,
Bozeman MT 59771
Report By: Tom Rogers, Senior Planner
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed
by this Amendment.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Ordinance 2108 DRAFT
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ORDINANCE 2108
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING BOZEMAN MUNICIPAL CODE SECTION 38.550.070 –
LANDSCAPING OF PUBLIC LANDS AND SECTION 38.420.080 – PARK
DEVELOPMENT AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Bozeman (the “City”) has adopted land development and use
standards to protect public health, safety and welfare and otherwise execute the purposes of
Montana Code Annotated §§ 76-1-102, 76-2-304, 76-3-102, and 76-3-501; and
WHEREAS, after proper notice, the Community Development Board in their capacity as
Bozeman Zoning Commission and Planning Board held a public hearing on May 16, 2022 to
receive and review all written and oral testimony on the proposed amendments; and
WHEREAS, the Community Development Board acting in their capacity as the
Bozeman Zoning Commission and Planning Board recommended to the Bozeman City
Commission that Ordinance 2108, be approved as proposed; and
WHEREAS, after proper notice, the City Commission held its public hearing on June 7,
2022, to receive and review all written and oral testimony on the proposed amendment to the
subdivision regulations; and
WHEREAS, the City Commission has reviewed and considered the applicable
amendment criteria established in Montana Code Annotated § 76-2-304, and found that the
proposed amendments are in compliance with the criteria; and
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman,
Montana that:
SECTION 1
Legislative Findings
The City Commission hereby makes the following findings in support of adoption of this
Ordinance:
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1. The City has adopted land development and use standards to protect public health, safety
and welfare and otherwise execute the purposes of Montana Code Annotated §§ 76-1-102,
76-2-304, 76-3-102, and 76-3-501.
2. The City adopted a growth policy, the Bozeman Community Plan 2020 (BCP 2020), by
Resolution 5133 to establish policies for development of the community.
3. The existing municipal water supply of the City of Bozeman is an essential resource that
sustains public health, safety and welfare and is highly susceptible to the impacts of drought
therefore necessitating wise use and conservation of the limited water resource.
4. The City of Bozeman has enacted development regulations within its unified development
code to conserve the existing municipal water supply by requiring the use of groundwater
wells for irrigation of parks, open spaces and certain rights-of-way areas in new
developments.
5. That landscapes in parks, open spaces and rights-of-way demand irrigation water supplies
that are physically and legally adequate to maintain healthy and viable landscape areas for
the public’s use and enjoyment.
6. All waters within the State of Montana are owned by the state and the legal use of water
requires a water right.
7. The Montana Department of Natural Resources and Conservation (MT DNRC) is the
agency of the State of Montana that is authorized under the laws of the state to issue new
water rights or changes to existing water rights and water right permits.
8. On March 23, 2022 the MT DNRC revised its ‘Combined Appropriation Guidance’
(attached to this Ordinance 2108 as Exhibit A) to clarify that any subdivision of land, as
defined under Montana Code Annotated §76-4-102, created after October 17, 2014 that
uses groundwater, must receive a pre-determination from MT DNRC that all exempt wells
proposed for the subdivision will stay at or under a combined appropriation of 10 acre-feet
per year regardless of the distance between proposed wells.
9. A combined appropriation of groundwater for a project or development exceeding 35
gallons per minute and 10 acre-feet per year requires a water right permit (“permitted
wells”) and a combined appropriation under 10 acre-feet per year using wells pumping no
more than 35 gallons per minute is exempt from permitting (“exempt wells”).
10. With limited exception, exempt wells serve as the physical and legal irrigation water source
for existing parks, open spaces and certain rights-of-way areas in the City of Bozeman.
11. The current MT DNRC process to obtain a permitted irrigation well in a closed basin is
protracted, cumbersome, technically complex and, unlike an exempt irrigation well, is
without a reasonably certain or guaranteed outcome that a water right will be obtained.
12. It is unlikely that all new development applicants will be able to comply with the existing
City of Bozeman requirement that, without exception, all parks, open spaces, and certain
rights-of-way areas use a well for irrigation considering the March 23, 2022 Combined
Appropriation Guidance because, unlike an exempt irrigation well, there is no guaranteed
outcome that an applicant can obtain a permit for an irrigation permitted well from MT
DNRC.
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13. Amendments of certain municipal code sections enacted by this Ordinance 2108 are
necessary to remove the mandatory requirement that wells be used for irrigation of parks,
open space and certain rights-of-way areas in new developments in order to avoid undue
hardship created by the March 23, 2022 Combined Appropriation Guidance and to provide
necessary flexibility to allow for other sources of irrigation water supply for these
landscaped areas.
14. A staff report analyzing the required criteria for an amendment to the City’s regulations for
zoning review, including the amendment’s accordance with the BCP 2020, and has found
that the required criteria of Montana Code Annotated § 76-1-304 are satisfied.
15. The necessary public hearings were advertised as required in state law and municipal code
and all persons have had opportunity to review the applicable materials and provide
comment.
16. The City Commission considered the application materials, staff analysis and report,
recommendation of the Community Development Board acting in their capacity as the
municipal Zoning Commission and Planning Board, all submitted public comment, and all
other relevant information.
17. The Community Development Board acting in its capacity as the municipal Zoning
Commission and Planning Board considered the application materials, staff analysis and
report, all submitted public comment, and all other relevant information.
18. The City Commission determines that, as set forth in the staff report and incorporating the
staff findings as part of the decision, the required criteria for approval of this ordinance are
satisfied.
19. The City Commission determines that the ordinance provides a proper balance of interests,
rights, and responsibilities of all parties affected by the ordinance.
SECTION 2
Section 38.550.070. - Landscaping of public lands of the Bozeman Municipal Code be amended
as follows:
Sec. 38.550.070. - Landscaping of public lands.
A. City rights-of-way, open space and parks.
1. General.
a. Tree planting permits must be obtained from the forestry department prior to
installation of trees in city rights-of-way or parks.
b. Drought tolerant landscaping grass seed must be planted in these areas open
space, parks and city rights-of-way, unless otherwise approved by the City.
2. External Sstreets, open space, and parks. The developer must at the time of initial
development for installing vegetative ground cover drought tolerant landscaping,
boulevard trees and an irrigation system when required in the public city rights-of-way
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boulevard strips and medians along all external perimeter development collector or
arterial streets and all streets adjacent to public parks or other open space areas.
a. Prior to installing landscaping in these areas, city rights-of-way or parks, the
developer must submit a landscaping plan to the facilities manager city for review
and approval. The landscaping plan must be prepared by a qualified landscaping
professional meeting the requirements of this division 38.550. Tree planting
permits must be obtained before any tree is placed on public land.
b. The developer must specify its irrigation water supply source(s).
bc. Wells must may be used to irrigate landscaping in these areas subject to
applicable state law governing the appropriation of groundwater.
i. The appropriation and use of groundwater for irrigation of parks and city
rights-of-way takes priority over irrigation of open space and individual lots.
d. The developer must transfer to the city legal ownership of any water rights used
for the irrigation these areas.
3. Adjacent to individual lots. When individual parcels are developed, the individual
property owners' must install landscaping and street trees within the public city rights-
of-way boulevard strips adjacent to their property, and providing for provide irrigation,
in compliance with section 38.550.050.E.1.
B. Maintenance.
1. Maintenance of landscaping installed within the boulevard portion of the public right-
of-way, with the exception of tree trimming and tree removal, is the responsibility of
adjacent property owners'.
2. A developer must irrigate and maintain landscaping along external streets and
landscaping adjacent to parks or other open space areas until 50 percent of the lots are
sold. Thereafter, the property owners’ association is responsible for maintaining and
irrigating these landscaped areas. The property owners’ association may, with the
city’s approval, establish an improvement district to collect assessments to pay for the
irrigation and maintenance.
3. The City is responsible for the maintenance of all other required landscaping installed
in accordance with approved site plans within the public right-of-way or on public
lands.
2. The developer must maintain landscaping and irrigation systems for open space until
the open space is transferred to a property owners’ association. After a property
owners’ association assumes responsibility for the maintenance of landscaping and
irrigation systems for open space areas, it may establish an improvement district to
collect assessments to pay for the irrigation and maintenance with the city’s approval.
3. The developer must maintain landscaping and irrigation systems for parklands until the
parkland is accepted by the City. After the City accepts parkland, the City is
responsible for maintaining the landscaping and irrigation systems for the parkland.
C. State rights-of-way. Landscaping must be installed along state rights-of-way, in the same
manner described in this section, provided that the state department of transportation has
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reviewed and approved the proposed landscaping plan. Maintenance of landscaping
installed within the boulevard portion of the public state right-of-way is the responsibility
of adjacent property owners' unless a different responsibility is established by the
encroachment permit.
SECTION 3
Section 38.420.080. – Park development of the Bozeman Municipal Code be amended as
follows:
Sec. 38.420.080. Park development.
A. General. Developers must consult any adopted citywide park plan, and with the parks
department which implements the plan, to determine the types of parks needed for the
proposed development and surrounding area. Parks must be developed in accordance with
the citywide park plan and any approved park master plan. At a minimum, all parks must be
improved to the following standards by the developer, prior to final plat or final occupancy
approval as appropriate:
1. Minimum required improvements to land dedications. The subdivider developer must
level any park area, amend the soil, seed disturbed areas to allow mowing with turf
type mowers, and install an underground irrigation system in compliance with city
standards and specifications, unless otherwise provided in an approved Park Master
Plan.
a. Parks must contain be seeded with drought tolerant landscaping grass seed unless
approved otherwise provided in an approved park master plan. writing by the park
superintendent.
2. Irrigation. The developer must irrigate the park area until 50 percent of the subdivision
lots or condominium units are sold. Thereafter, the property owners’ association must
be responsible for park irrigation. The property owners’ association may establish an
improvement district to collect assessments to pay for irrigation. Parks must have an
irrigation water supply that is legally and physically adequate to meet the irrigation
water demands of the park landscape. The developer must ensure the city obtains legal
ownership of any irrigation water rights used to irrigate parks.
a. Wells may must be used to irrigate parkland subject to Sec. 38.550.070 BMC.
b. Existing irrigation water rights appurtenant to parkland may be used for irrigation
subject to city review and approval.
c. The city’s municipal water supply may be used for irrigation of parkland, but only
if wells and existing irrigation water rights are inadequate to meet the water
demands of the parkland.
B. Boundaries. The park boundary bordering all private lots must be delineated at the common
private/public corner pins, with flat, flexible fiberglass posts, a minimum of six feet in
length with no less than two feet driven into the ground. Each post must be labeled with a
permanent glued on sign stating "Park Boundary" or "Property Boundary." Other forms of
boundary marking may be approved by the planning or other appropriate department.
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C. Sidewalks. Sidewalks, when required within the development, must be installed by the
developer at points where the park borders or crosses public or private streets.
D. Stormwater detention/retention ponds. Stormwater retention or detention ponds may be
located within public parkland, but such areas do not count towards the parkland dedication
requirement. Any stormwater ponds located on parkland must be designed, constructed
and/or added to so as to be conducive to the normal use and maintenance of the park.
Stormwater ponds may not be located on private lots. Stormwater retention or detention
ponds must be maintained by the property owners' association.
E. Clean up required. All fencing material, construction debris and other trash must be
removed from the park area.
SECTION 4
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 5
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provision of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
SECTION 6
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 7
Codification.
The provisions of Section 2 and Section 3 shall be codified as appropriate in the Bozeman
Municipal Code. All references within the Bozeman Municipal Code shall be revised to reflect the
changes in this ordinance.
SECTION 8
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Effective Date.
This ordinance shall be in full force and effect on July 7, 2022.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 24th day of May, 2022.
____________________________________
Cynthia L. Andrus
Mayor
ATTEST:
_________________________________
Mike Maas
City Clerk
FINALLY PASSED, ADOPTED, AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the 7th day of
June, 2022.
____________________________________
Cynthia L. Andrus
Mayor
ATTEST:
_______________________________
Mike Maas
City Clerk
APPROVED AS TO FORM:
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____________________________________
Greg Sullivan
City Attorney
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Memorandum
REPORT TO:City Commission
FROM:Jeff Mihelich, City Manager
Rachel Harlow-Schalk, Interim Finance Director
Kaitlin Johnson, Budget Analyst
SUBJECT:FY23 City Manager Recommended Budget - Introduction
MEETING DATE:May 24, 2022
AGENDA ITEM TYPE:Finance
RECOMMENDATION:Listen to the presentation, ask questions, and provide comments.
STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable
sources of funding for appropriate City services, and deliver them in a lean
and efficient manner.
BACKGROUND:This presentation will outline the FY2022-FY2023 (FY23) City Manager
Recommended Budget, on a lager scale view.
We will be getting into further details over the next few weeks, with the
final adoption scheduled for June 22, 2021. Following are the scheduled
dates of budget discussions along with topics to be covered:
June 7 - Budget Highlights: General Fund and Enterprise Funds
June 14- Internal Service and Special Revenue funds
June 28- Final Budget Hearing for Appropriation Resolution
The entire “FY2022-2023 City Manager Recommended Budget” document is
available online at http://www.bozeman.net/government/finance/budget-
and-financial-reports. Copies will also be available to the public at the
Bozeman Library and City Clerk’s office.
UNRESOLVED ISSUES:This is the beginning of the formal budget process. Priorities of the
Commission have been reflected on while preparing and directing the
preparation of this budget. The Commission is requested to provide any
questions in advance of this meeting or for follow-up during a later budget
work session specific to unresolved issues identified.
ALTERNATIVES:If there are changes the City Commission would like to make to the schedule
of Budget Work Sessions, please let us know during this presentation.
FISCAL EFFECTS:This presentation has no immediate fiscal impacts, but does begin the
process of adopting the next fiscal year's budget. Once adopted at the end of
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June, the budget will fund activities that support the Commission's priorities.
Attachments:
FY2023 City Manager Transmittal Ltr for 5.24.22 Commiss
Mtg.pdf
Report compiled on: May 13, 2022
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May 24, 2022
Bozeman City Commission:
We are pleased to present to you the Recommended Budget for Fiscal Year 2022‐2023 (FY23). This budget
represents the thoughtful work all departments to ensure an informed projection of FY23 will bring. Bozeman is a
vital, growing, and changing city. The City’s total budget this year is over $169.7 million. This will support 512.86
full‐time equivalent employees and $35 million in capital spending. The FY23 budget estimates an annual increase
in assessments and taxes for the typical residential property of $256.64 per year or $21.39 per month. This includes
mill levies, rates, assessments and other changes based on recent rate studies, growth, inflation, and Strategic Plan
objectives. In this year’s legislative session, we plan to continue to request the opportunity to vote locally on our
ability to charge sales tax. Having the ability to vote on this kind of measure should be an option for a state with
focus on local control. In all, this budget represents Bozeman’s response to the current economic conditions taking
into consideration all methods possible to reduce cost to residents and maintain quality services.
COVID Recovery and Federal Funds
Montana continues to lag behind many states with impacts from COVID‐19 beginning to show in our economy.
Recent impacts of this include the largest rate of inflation since 1981 – 8.1%. This inflation increases the price on
every service and commodity we use with the “rippling” impact of these commodities across all sectors. Fortunately,
this lag in impact to our economy has given us an opportunity to leverage funds toward our greatest losses and plan
for future infrastructure needs to keep Bozeman strong. By the end of FY2023, the City will have received all of its
allocations from the American Rescue Plan Act (ARPA) totaling over $12M, which will be used to:
Address revenue losses in operation
Reimburse City impact fees for Childcare Centers
Provide household assistance
Vaccination Incentives
Major infrastructure projects for water and wastewater
Strategic Plan
The Strategic Plan significantly informs the items Recommended in the FY23 budget. Below are some of the efforts
towards the strategic plan with the Top 13 Commission Priorities highlighted (greater detail regarding strategic plan
efforts by division can be found in the Activity Detail section of this document):
1)An Engaged Community. Fostering successful collaboration with other public agencies and
building on our successes, which is being achieved through City‐County Regional Planning and
other areas such as the CATS (EPIC‐N) program with MSU. We are continuing our work to foster a
culture of civic engagement by using our adopted communication plan for the organization\ to
expand Community Outreach and community engagement.
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2) An Innovative Economy. Supporting retention and growth of both the traded and local business
sectors in coordination with the Economic Development Plan that is budgeted to be updated.
Working with our urban renewal districts we are strategically investing in infrastructure as a
mechanism to encourage economic development. We are reviewing policies, Pursuing State and
Federal Grants and Philanthropic Funding, and will aid the Commission in developing its steps
towards its priority of Property Tax Relief.
3) A Safe, Welcoming Community. This budget includes steps towards an Inclusive City with
training including implementation of our Belonging in Bozeman Team. The Bozeman Public Safety
Center opens in FY23 consolidating court operations, and police and fire administration in one
location. Body worn cameras as planned in the recent capital plan will be integrated with the new
technology being implemented at the Bozeman Public Safety Center. Identify Options to Ban
Flavored Tobacco is being explored.
4) A Well‐Planned City. The Parks, Recreation, Open Space, and Trails (PROST) Master Plan
implementation began in FY22. Community Housing will be continuing the implementation of its
action plan, which will provide more Affordable Housing including a commitment of 5.0 mills in
this budget. We have Planning & Land Use Initiatives with the City County Regional Planning,
and Code Updates. We will implement our Annexation Analysis & Study.
5) A Creative, Learning Culture. The 1% of arts has been incorporated into our Capital
Improvement Plan and we have projects. This program provides a guaranteed funding mechanism
for the acquisition of artwork for new public facilities and civic spaces.
6) A Sustainable Environment. This Recommended Budget looks at Climate Action Plan
Implementation and continues to increase the Sustainability Divisions’ budget from $255,909 in
FY20 to over $680,000 in FY23.
7) A High Performance Organization. We have already stated the ground work and completed the
Advisory Board Consolidation. Throughout the organization departments are working on
collaborating and functioning as a high performing and innovative team. Staff continues to look at
its rates, fees and charges to ensure we are using equitable and sustainable sources of funding for
appropriate City services, and deliver them in a lean and efficient manner.
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FY23 Recommended Budget
America is experiencing its greatest rate of inflation since 1981. According to the U.SA. Bureau of Labor and
Statistics, from March 2021 to March 2022 consumer prices increased in the following areas:
Energy increased 32% Gasoline 48.0%
Fuel oil 70.1% Electricity 11.1%
Natural Gas 21.6 %
These price changes impact the cost for primary service delivery thereby affecting the cost of construction
projects and wages. As you will find, the City’s FY23 budget allocations for spending are recommended at an
increase of 7.22% over last fiscal year.
General
Fund
Special
Revenue Debt Service Construction
Projects Enterprise Internal
Service Permanent All Funds
Projected Beginning
Fund Balance/Working Capital 7,346,180$ 24,695,919$ 3,757,166$ (1,490,228)$ 41,465,202$ 1,287,906$ 1,689,479$ 78,751,624$
Estimated Revenues 42,171,156 55,011,585 5,321,141 16,088,825 39,049,987 14,262,728 60,000 171,965,422
Less Appropriations (Minus)42,361,977 54,498,523 4,853,845 9,323,520 44,562,211 14,161,276 ‐ 169,761,352
Less Reserves 7,029,932 281,041 ‐ ‐ 747,509 ‐ ‐ 8,058,482
Increase/(Decrease) in
Fund Balance/Working Capital (7,220,753) 232,021 467,296 6,765,305 (6,259,733) 101,452 60,000 (5,854,412)
Projected Ending
Fund Balance/Working Capital 125,427$ 24,927,940$ 4,224,462$ 5,275,077$ 35,205,469$ 1,389,358$ 1,749,479$ 72,897,211$
Financial Summary‐ Recommended Budget Fiscal Year 2022 ‐ 2023
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Revenues
Property Taxes‐ To calculate property tax revenues, capital improvement projects and costs to salary and wages
were evaluated against total mill levies available to the City. It is important to note that the property tax values
set are lagging data meaning that every other year, the price changes. When viewed over time, the two year re‐
appraisal period is reflected in the percent change that is flattened out year over year. Note, also, that there are
two mitigating factors that slow the value change in mills: inflation and reductions in newly taxable property both
of which will lower the amount of mills and dollars available to the City per year.
The total property tax for the estimated median home of $364,000 (taxable value) is estimated to increase by $16.94
per month for a total cost of $84.31 monthly and the City will be utilizing 204.82 mills of the 220.02 maximum
available. The number of mills could shift when we receive property valuations from the County in August. At that
time, we will evaluate spending to ensure we estimate inflation correctly over the fiscal year. This means the mills
may need to be adjusted in August and could change charges to property owners.
Special Assessments‐ City property owners pay annual Street maintenance, Arterial Street,
Tree maintenance and the new Parks & Trails assessments based on the square footage of the
lot they own. With the growth of the street network and other rising costs, the Street
Maintenance FY23 budget is larger; therefore, 6% is the increase in the assessment. With the
gas tax funding decreasing and inflation costs there is a 6% increase recommended for Arterial
& Collector fund. For Tree Maintenance we needed an inflationary increase of 6%. Parks &
Trails have reduced their rate this year in reflecting work necessary on projects 15% increase.
Increases:
Streets ‐ 6%
A&C‐ 6%
Tree – 6%
Parks – 15%
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Utility Rates‐ The City completed a water and sewer system rate study in FY19 and
rates are set based on the adopted model. Water and sewer rates for all user
classes based on costs of services adjust annually to reflect usage and capital costs.
The residential customer is not seeing any change for water and sewer rates while
commercial customers will see a 4% increase. For Stormwater we are
recommending a 9% increase in the Stormwater fees in line with growth, and
construction costs. We will adopt the same rate for FY23 as well and then we have
a rate study planned to form recommendations going forward.
Expenditures
Staffing‐ Budgets for personnel expenditures include both increases in wages and benefit costs, and the addition of
positions to some teams. Like every employer across the United States, competition for qualified employees is high.
This budget implements a proactive response that is reasonable given economic conditions. In order to take a
strategic approach to staffing, we develop a three‐year plan to address staffing levels across all departments in the
organization. For FY23, 577 positions are anticipated and budgeted at 512.86 full‐time equivalent positions with
increases built in to address service demands across the City.
Operating‐ Many factors have caused changes in operational budgets. Most
importantly the national increase in inflation, competition for qualified employees,
and benefits have had the greatest impact. For FY23, salaries and benefits total just
over $55.4 million, which is a 25% increase from FY22. This increase is in many areas
and throughout most departments. The opening of the Bozeman Public Safety
Center adds to the City’s operational costs as most of the operations are within the
General Fund.
Capital‐ FY23 has over $35 million in new capital projects‐‐7% increase over FY22. There are annual, major
maintenance activities like median and boulevard improvements, vehicles and equipment and one‐time projects all
within the capital spending plan for FY23. Water and Sewer capital spending is nearly $13 million with many
important, larger projects being funded through matching funds available through the State of Montana’s share of
the American Rescue Plan Act.
Reserves
The General Fund reserve policy requires a minimum of 16.67% of annual revenues. These are not the only funds
with reserve policies all of which have been reviewed and assured compliance. Reserves are intended for
“unexpected” events and while they are not set‐aside in restricted accounts, spending of reserves is only allowed
within the City Commission’s adopted policies. This year, these dollars are being accounted for as outside of the
operating capital to ensure alignment with approval requirements should spending be necessary. To date,
expenditures have not required use of reserve funds and this budget has been balanced to ensure the same this
fiscal year.
Increases:
Water – 8% Commercial
Sewer – 4% Commercial
Stormwater – 9%
Thanks to ARPA, many,
larger infrastructure
projects are being funded
that might not otherwise
be including drinking
water system
improvements.
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Estimated FY23 Citizen Impact
It is estimated that a typical residential property owner will see taxes and assessment increases of $21.39 per
month. The typical resident is calculated using an average sized lot (7,500 sqft), median home of $364,000 (this is
the estimated median home taxable value) and water use of 10‐HCF (would be charged tier 2):
Looking Forward
It is anticipated that this organization will stabilize this year from what has been on‐going turn over in staffing. This
turnover makes it difficult for us to move forward on key initiatives including Bi‐annual budgeting the use of
Outcome Measures for budgeting.
Conclusion
Thank you, City Commission, community members, and staff who participated in the many processes that resulted
in this budget. Working together, we continue to find creative and innovative ways to deliver services and invest
responsibility in our community.
We are a resilient, enterprising, and creative community. The FY23 Recommended Budget is an achievable plan to
provide efficient and effective services, and to achieve the Commission’s vision and priorities set out in the Strategic
Plan for the City of Bozeman.
Respectfully,
Jeff Mihelich Rachel Harlow-Schalk Kaitlin Johnson
City Manager Interim Finance Director Budget Analyst
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Budget Summary
Municipal budgets serve a number of important functions. In addition to laying out a spending plan for the City, and
allocating resources to meet the diverse needs of the community, Bozeman’s budget:
Is a principal policy and management tool for the City’s administration, reflecting and defining the annual
work program;
Provides a framework for the City to accomplish its vision and strategic plan; and
Reflects core City values of integrity, leadership, service, and teamwork.
This Budget Summary provides information about the City, along with information about the budget process,
revenues, expenditures, and City programs and services. It is intended to provide an accessible, transparent way of
learning about the City budget, while accurately showing how the City invests its resources.
City Structure
The Bozeman City Commission is composed of four members and a Mayor which are elected by the voters of the
city at large in accordance with the City Charter. At every regular city election, the voters of the city shall elect a
Mayor at large for a term of four years. The person so elected shall serve as Deputy Mayor and a Commissioner for
the first two years of their term and Mayor for the balance of their term of office. The City Manager is selected by
and reports to the City Commission. The City Manager's office is responsible for over‐seeing City staff and
completing tasks as directed by the City Commission.
City Vision and Strategic Goals
The plan was adopted in spring 2018. Below are the vision and vision statements adopted by the Commission as
part of the Strategic Plan:
Vision
Bozeman remains a safe, inclusive community, fostering civic engagement and creativity, with a thriving diversified
economy, a strong environmental ethic, and a high quality of life as our community grows and changes.
Strategic Vision Statements:
1) An Engaged Community. We foster a culture of engagement and civic leadership based on
innovation and best practices involving community members of all backgrounds and perspectives.
2) An Innovative Economy. We grow a diversified and innovative economy leveraging our natural
amenities, skilled and creative people, and educational resources to generate economic
opportunities.
3) A Safe, Welcoming Community. We embrace a safe, healthy, welcoming and inclusive
community.
4) A Well‐Planned City. We maintain our community's quality of life as it grows and changes,
honoring our sense of place and the 'Bozeman feel' as we plan for a livable, affordable, more
connected city.
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5) A Creative, Learning Culture. We expand learning, education, arts, expression and creativity for
all ages.
6) A Sustainable Environment. We cultivate a strong environmental ethic, protecting our clean air,
water, open spaces and climate, and promote environmentally sustainable businesses and
lifestyles.
7) A High Performance Organization. We operate as an ethical, high performance organization
anticipating future needs, utilizing best practices, and striving for continuous improvement.
FY23 Goals
In addition to the adopted Strategic Plan, Climate Action Plan, Community Affordable Housing Plan, and the Growth
Policy, the City Commission of Bozeman has identified the following priorities which guide the FY23 Budget:
Become a City for CEDAW (Convention to
Eliminate All Forms of Discrimination Against
Women)
Increase Budget for Community & Support
Services
UDC (Unified Development Code) Overhaul
Establish Mobile Crisis Response
Establish Model HOA Covenants
Develop Gallatin Valley Sensitive Lands
Protection Plan
Update Codes to Encourage Wetland
Preservation & Facilitate Creation of
Wetland Bank
Short Term Rental Revisions
Promote Water Conservation
Performance Measures
Specific Performance Measures are updated annually to compliment the City Manager’s Recommended Budget and
citywide goals. These measures help communicate trends and justify additional resources needed to maintain an
acceptable level of serivce. Most charts include a “target” or “standard”, describing the overall goal or instustry
norm, respectively. At least three years of data is used to demonstrate trends in order to provide valuable context
as it relates to an overall increase or decrease over time. Current fiscal year “Approved” figures represent previously
adopted estimates, while future fiscal year “Recommended” figures represent estimates based on projected
changes for the upcoming budget cycle.
Budget Process
The City plans for the long‐term needs of our community through a number of efforts and studies. Consultants and
staff, with numerous public hearings and advisory board meetings prior to their formal adoption by the Commission,
usually develop these documents. Once adopted, we work diligently to implement the recommendations and
changes outlined in the plans. The starting point is the Strategic Plan and then the other master plans that have
been developed for each area of concern or study. Along with these documents, the capital improvement plan is
used to budget for capital projects. The following chart outlines our process and timing for the budget:
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Funding Structure
To better understand this budget document, a basic understanding of the structure, frequently‐used terms, and
fund types is helpful. The City’s operating expenditures are organized into the following hierarchical categories:
Activities, Departments, Divisions, and Budget Units.
Activity: Activity represents the highest level of summarization used in the City’s financial structure. This
level is primarily used for entity‐wide financial reporting and for summarization in this budget document.
Department: Department is the second level of summarization used in the City’s financial structure. This
function classification represents a grouping of related operations and programs aimed at accomplishing a
broad goal or providing a major service.
Division: Department can be further split into divisions, which are usually associated with functioning work
groups that have more limited sets of work responsibilities. Their primary purpose is organizational and
budgetary accountability.
Budget Unit: Divisions may be further subdivided into budget units. A budget unit is used to account for
a specific service performed within a division in the pursuit of individual goals and objectives. A budget
unit is aimed at accomplishing a specific service or regulatory program for which a government is
responsible.
Funds:
The activities are funded through various means that are accounted for within specific funds. The City has a
comprehensive fund plan for financial accounting in accordance with the provisions of the recommendations of the
National Council on Governmental Accounting as outlined in their publication Governmental Accounting, Auditing,
and Financial Reporting (GAAFR), which is the standard accounting guide for local governments.
December
Capital
Improvement Plan is
adopted and is
based on
department master
plans, citizen
engagement,
advisory boards and
the strategic plan.
January ‐ February
Commission
evaluates the
strategic plan and
goals for the up‐
coming years.
February ‐ April
Staff develop
budgets and
revenue projections.
The City Manager
reviews and
prepares proposed
budget.
May‐June
The City Manager
provides to the
Commission the
proposed budget for
adoption. The
Commission adopts
final budget.
August ‐ September
Commission adopts
Mill Levy based on
certified values and
set assessments
based on the budget
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Governmental funds are a group of funds that account for activities associated with the City's basic operations. This
group of funds uses a modified accrual basis of accounting and focuses on operating revenues and expenditures.
General Fund: The General Fund is used to account for all
financial resources of the City, except for those required to be
accounted for in another fund. The General Fund supports
such basic services as the Legislative Branch, Judicial Branch,
General Administration, Police, Fire, Finance, Engineering,
Recreation, and Library services. The City's General Fund is
financed heavily by property taxes, which provide nearly half
of the General Fund revenue.
Special Revenue Funds: Special Revenue Funds are used to
account for the proceeds of specific revenue sources (other
than expendable trusts, or for major capital projects) that are
legally restricted to expenditure for specific purposes.
Debt Service Funds: Debt Service Funds are used to account
for the accumulation of resources for, and the payment of,
general long‐term debt principal and interest.
Capital Project Funds: Capital Project Funds are used to
account for financial resources to be used for the acquisition
or construction of major capital facilities (other than those
financed by proprietary funds).
Proprietary Fund Types
Proprietary funds are a group of funds that account for activities that are often seen in the private sector and are
operated in a similar manner as in the private sector. This group of funds uses a full accrual basis of accounting and
focuses on net income and capital maintenance.
Internal Service Funds: Internal Service Funds are used to account for the financing of goods or services
provided by one department to other departments on a cost‐reimbursement basis.
Enterprise Funds: Enterprise Funds are used to account for operations that are financed and operated in a
manner similar to private business enterprises‐‐where the intent of the governing body is that the costs
(expenses, including depreciation) of providing goods or services to the general public on a continuing basis
be financed or recovered primarily through user charges.
Fiduciary Fund Types
Fiduciary Funds are trust and agency funds that account for assets held by a governmental unit in a trustee capacity
or as an agent for individuals, private organizations, other governmental units, or other funds.
Trust Funds: Trust Funds are used to account for assets held by a governmental unit in a trustee capacity.
These include (a) expendable trust funds, (b) permanent trust funds, and (c) pension trust funds. Trust
Funds are supported by donations and interest income.
Bozeman Fund
Structure
Overview
Governmental
Funds
General Fund
Special Revenue
Funds
Debt Service
Capital Project
Proprietary
Funds
Enterprise Funds
Fiduciary Funds
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Budget Policies
State statute provides the “Local Government Budget Act” in MCA 7‐6‐4001. This section of the law was adopted
by the 2001 Legislature to replace the “Municipal Budget Law” and other various sections of code that related to
city finances. See detailed Budget and Fiscal Policies in Appendix B. The law limits the amount of expenditures to
recommended appropriations, requires reporting to the State after final budgets and tax levies are adopted, and
provides for a detailed preliminary and final budget adoption within the confines of the State determined property
tax assessment time‐table. By state law, the Budget must be “balanced,” and which includes use of fund balance.
In Bozeman, the City has adopted as policy structural balance which is on‐going expenditures, year over year
expenditures will be limited to current revenues. That is year’s budget is not only balanced in alignment with state
law, it is structurally balanced in compliance with City budget policy. Fund balance should not be used as a long‐
term approach to balancing the budget. Planned uses of fund balances should be limited.
It is also appropriate to use fund balance when fund balances have increased beyond the reserve requirements due
to higher than anticipated revenues. In this circumstance, the use of fund balances will be used for one‐time
expenditures, not ongoing operating costs. In all circumstances, it is important to retain sufficient undesignated
fund balance for unforeseen circumstances. The City's budget encompasses both the operating budget and the
capital improvement budget. Each budget unit includes amounts appropriated for both operating expenses and
capital items
Basis of Budgeting
The basis of budgeting and accounting refers to when a transaction or related event is recognized in an agency’s
budget, or in the operating statement, both of which follow GAAP principles. All governmental funds (including the
general, special revenue, debt service and capital projects funds) use modified accrual as both the basis of budgeting
and for accounting/financial reporting. Under the modified accrual system, revenues are recognized in the
accounting period in which they become “measurable and available.” “Measurable” means the amount of the
transaction can be determined and “available” means collectible within the current period or soon enough
thereafter to pay liabilities of the current period. Property tax is reported as a receivable and deferred revenue
when the levy is certified and as a revenue when due for collection in the subsequent year. An allowance for
estimated uncollectible taxes is included in the estimated tax needed to balance the budget.
The basis of accounting for proprietary funds is full accrual, where revenues are recognized when earned and
expenditures when they are incurred. The basis of budgeting for proprietary funds is full accrual with the exceptions
of depreciation and amortization. For capital assets and capital purchases, funds are budgeted from a perspective
of the actual cash outlay required (cash basis).
Financial and Reserve Polices
The following financial policies are established to provide direction in the fulfilling of duties and responsibilities for
the City of Bozeman. The following is a summary of the policies that have a direct impact on the budget process; a
complete listing of Fiscal Policies to be adopted with the budget are in Appendix B.
Long‐range Planning
The City needs to have the ability to anticipate future challenges in revenue and expense imbalances so that
corrective action can be taken before a crisis develops. To provide City officials with pertinent data to make
decisions for multi‐year policy direction, the Finance Director prepares revenue and expenditure forecasts. These
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forecasts will identify changes in revenue and expenditures due to projected new development in the City, program
changes, collective bargaining agreements, asset replacement schedules and capital projects coming online.
Capital Planning, and Asset Inventory and Condition Assessment
The City annually prepares its Capital Improvement Plan for capital projects and equipment needs over a five‐year
period. The plan is created on the fund basis and reviews all capital needs greater than $25,000. The plan can be
found on the city website.
Revenue Policies
The City values a diversified mix of revenue sources to mitigate the risk of volatility. The major source of revenue
for the General Fund is property tax, which comprises 53% percent of total General Fund revenue in FY23. Since
property values are impacted by the economy and housing market, it is important to make every effort to improve
the diversity of the City’s revenue sources. Between FY19 and this budget, the City has diversified its revenue by an
additional 3%.Tax dollars should support essential city services that benefit and are available to everyone in the
community (such as parks, police and fire protection). For services that largely or solely benefit individuals, the City
should recover full or partial costs of service delivery through user fees.
Use of One‐time and Unpredictable Revenues ‐ One‐time revenues should be used for one‐time expenditures
and not for ongoing expenditures. By definition, one‐time revenues cannot be relied on in future budget years.
Appropriate uses of one‐time revenues include early debt retirement, capital expenditures that will reduce
operating costs or address deferred capital needs, and special projects that will not incur ongoing operating
costs.
Expenditure Policies
Expenses should always be for City operations and strategic goals. Department heads and the Finance Department
monitor expenditures. All expenditures must comply with City laws, rules and regulations and have proper support
and authorization.
Debt Capacity, Issuance and Management
The City shall evaluate and consider the following factors in analyzing, reviewing and recommending the issuance
of obligations before presenting a proposal to the Commission and voters as needed:
1. Purpose, feasibility and public benefit of the project
2. Impact on debt ratios generally applied by rating agencies
3. Availability of appropriate revenue stream(s)
4. Aggregate debt burden upon the City's tax base, including other entities' tax supported debt
5. Analysis of financing and funding alternatives, including available reserves from other City funds
Awards and Accomplishments
The Government Finance Officers Association of the United States and Canada (GFOA) presented an award of
Distinguished Budget Presentation to the City of Bozeman for its annual budget for the fiscal year beginning July 1,
2021. The City has received this award for each budget it has prepared in the past 30 years.
In order to receive this award, a governmental unit must publish a budget document that meets program criteria
as a policy document, as an operations guide, as a financial plan and as a communications device.
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FY 2023 Budget Summary The City of Bozeman’s Fiscal year 2023 is estimated to receive over $171.9 million in revenue. FY23 Recommended Budget appropriations are over $169.7 million. This will support 512.86 full‐time equivalent employees and $35 million in capital spending. FY2023 Financial Summary General Fund Special Revenue Debt Service Construction Projects Enterprise Internal Service Permanent All Funds Projected Beginning Fund Balance/Working Capital7,346,180$ 24,695,919$ 3,757,166$ (1,490,228)$ 41,465,202$ 1,287,906$ 1,689,479$ 78,751,624$ Estimated Revenues42,171,156 55,011,585 5,321,141 16,088,825 39,049,987 14,262,728 60,000 171,965,422 Less Appropriations (Minus)42,361,977 54,498,523 4,853,845 9,323,520 44,562,211 14,161,276 ‐ 169,761,352 Less Reserves7,029,932 281,041 ‐ ‐ 747,509 ‐ ‐ 8,058,482 Increase/(Decrease) in Fund Balance/Working Capital(7,220,753) 232,021 467,296 6,765,305 (6,259,733) 101,452 60,000 (5,854,412) Projected Ending Fund Balance/Working Capital125,427$ 24,927,940$ 4,224,462$ 5,275,077$ 35,205,469$ 1,389,358$ 1,749,479$ 72,897,211$ Financial Summary‐ Recommended Budget Fiscal Year 2022 ‐ 202317162
FY2023 Estimated Mill Levies and Values
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FY2023 Revenues
Overall, revenues are estimated at $171.9 million, an $18.9 million increase or equivalent to a 12.4%, change over
the prior year. The large difference is mainly due to the American Rescue Plan, matching funds for capital projects,
and personnel. Charges for services make up 32% of revenues, followed by taxes at taxes both collected locally and
shared to the City by the state of Montana.
For the General Fund, City of Bozeman property taxes make up 53% of the revenue sources with a 19% of
additional other source taxes shared to the City by the state of Montana, also call intergovernmental revenue. As
we begin FY2023, the City is anticipated to bring forward a balance of $7.3 million which will largely be set aside in
the 16.67% policy reserve.
General Fund
25%
Special Revenue
32%
Debt Service
3%
Construction
Projects
9%
Enterprise
23%
Internal Service
8%
Permanent
0%
Revenue by Fund Type
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FY2023 Appropriations
FY23 Appropriations are $169.7 million, an increase of $11.4 million or 7.2% over FY23. This is mainly due to
increases in capital spending with the increase in sewer projects as the result of the American Rescue Plan funding.
The graph below shows the relative percentage of the FY23 budget expenditures for all funds
General Fund Expenditures
Expenditures, often called “Appropriations,” are classified under one of six major categories: Personnel & Benefits,
Operating Expense, Capital, Debt Service, Transfers, and Other Financing Uses. In general, governmental agencies
see their largest percentage of expenditures as personnel. With our growing city, there is a need for more
infrastructure spending. The General Fund personnel expenses are a much higher percentage. The Fund itself has
appropriated $42.4 million in expenditures for FY23, which is a 9% increase from FY22. There are fewer capital items
in the General Fund than all the funds as a whole.
General Fund
25%
Special Revenue
32%
Debt Service
3%
Construction
Projects
6%
Enterprise
26%
Internal Service
8%
Permanent
0%
Appropriations by Fund Type
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FY2023 Changes in Fund Balance/Working Capital
Fund
FY23 Projected
Fund
Balance/Working
Capital
FY23 Estimated
Revenues
FY23
Appropriations Reserves
FY23 Budgeted
Ending Fund
Balance/Working
Capital
General Fund (010)
General Fund 7,346,180 42,171,156 42,361,977 7,029,932 125,427
Special Revenue Funds (100s and 200s)
Planning Fund 350,489 2,371,214 4,269,000 (1,547,297)
American Rescue Plan ‐ 6,734,581 6,734,581 ‐
Health‐Medical Insurance 767,512 3,300,689 3,263,118 805,083
Gas Tax Apportionment 589,121 1,744,520 2,333,641 ‐
Street Maintenance District 1,062,415 8,643,563 9,309,661 281,041 115,276
Tree Maintenance 413,681 884,292 1,048,074 249,899
Fire Impact Fee 4,318,992 519,981 1,525,560 3,313,413
Street Impact Fee 5,788,963 5,788,830 3,793,392 7,784,401
Building Inspection Special Revenue 1,070,078 2,141,980 4,319,526 (1,107,468)
Community Housing 954,420 770,035 1,178,728 545,727
Police Domestic Violence ‐ ‐ ‐ ‐
Downtown Improvement Districts 1,943,055 8,297,437 3,731,788 6,508,704
Street Arterial Construction (97,754) 2,643,062 1,203,000 1,342,308
TIF Midtown (formerly N7th)804,003 2,683,661 1,601,722 1,885,942
TIF NE Urban Renewal 367,424 651,986 1,016,624 2,786
TIF Mandeville Industrial 167,477 54,701 100,000 122,178
Fire Department Equipment 1,031,147 615,508 1,641,750 4,905
Parks & Trails District 976,698 5,452,003 6,043,304 385,397
Vet Court Funds ‐ ‐ ‐ ‐
Lighting Districts 354,277 498,853 571,616 281,514
Department Special Revenue Fund Combined 2,492,780 1,159,689 808,438 2,844,031
Park Land ‐ Cash in Lieu 1,341,141 55,000 5,000 1,391,141
Special Revenue Funds 24,695,919 55,011,585 54,498,523 281,041 24,927,940
Debt Service Funds (300s and 400s)
Special Improvement District Revolv. Fund 1,498,601 10,000 ‐ 1,508,601
Park & Trails Bond ‐ 1,078,750 1,075,875 2,875
TIF 2007 Downtown Bonds ‐ 330,150 330,150 ‐
TIF 2020 Midtown Bonds ‐ 409,950 409,950 ‐
Bozeman Public Safety Center ‐ GO Bonds ‐ 2,370,750 2,370,750 ‐
Firestation 2 & Recreation Bonds ‐ 620,188 620,188 ‐
SID Funds 2,258,565 501,353 46,932 2,712,986
Total Debt Service Funds 3,757,166 5,321,141 4,853,845 ‐ 4,224,462
Construction Funds (500s)
Capital Projects (1,490,228) 16,088,825 9,323,520 ‐ 5,275,077
Enterprise Funds (600s)
Water Funds 26,973,165 13,990,431 20,266,301 500,152 20,197,143
Waste Water Funds 10,386,284 16,097,074 13,596,461 12,886,897
Solid Waste Funds 973,150 5,710,631 6,581,727 102,054
Parking Enterprise 1,664,767 1,177,757 1,644,027 247,357 951,140
Storm Water 1,467,836 2,074,094 2,473,695 1,068,235
Total Enterprise Funds 41,465,202 39,049,987 44,562,211 747,509 35,205,469
Internal Service Funds (700s)
Vehicle Maintenance Shop (187,474) 2,295,211 2,107,737 ‐
Health‐Medical Self‐Insurance Fund 409,295 5,836,508 5,836,508 409,295
Public Works Administration 1,066,085 6,131,009 6,217,031 980,063
Total Internal Service Funds 1,287,906 14,262,728 14,161,276 ‐ 1,389,358
Permanent Funds (800s)
Cemetery Perpetual Care 1,689,479 60,000 ‐ ‐ 1,749,479
Total All Funds 78,751,624 171,965,422 169,761,352 8,058,482 72,897,211
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FY2023 Staff We strive to maintain service levels with our growing community. We have a strategic approach to staffing using a three‐year staffing plan to address our staffing needs on a citywide level. Organizational Chart Citizens of BozemanMunicipal JudgeCity CommissionLibrary BoardLibrary Director ‐GregoryAdvisory BoardsParking CommissionCity Manager‐MihelichCity Clerk‐MaasEconomic Development‐FontenotHR Director‐TozerCity Attorney‐SullivanAssistant City Manager‐ VacantDirector of Public Works‐ AlstonFinance Director‐VacantIT Director ‐McMahanStrategic Services Director‐HendersonTransportation & Engineering Director ‐ RossAssistant City Manager‐ WinnCommunity Development Director‐ VacantParks & Recreation Director‐ OvertonFire Chief‐ WaldoPolice Chief‐Veltkamp22167