HomeMy WebLinkAbout08-09-22 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.FYI
E.Commission Disclosures
F.Consent
F.1 Accounts Payable Claims Review and Approval (Waters)
F.2 Approval of Depository Bonds and Pledged Securities as of June 30, 2022 (Clark)
F.3 Authorize the City Manager to Sign a Professional Services Agreement in the Amount of
$56,400 with Metcalf Archaeological Consultants, Inc. to Supply the City with Architectural
THE CITY COMMISSION OF BOZEMAN, MONTANA
REGULAR MEETING AGENDA
Tuesday, August 9, 2022
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Inventory Services(Rosenberg)
F.4 Authorize the City Manager to Sign a Task Order 1 of the Professional Services Master Task
Order Agreement with AE2S Providing for Engineering Services for the Following Three Sub-
tasks at the City of Bozeman Water Treatment Plant: DAF Effluent to Gravity Thickener
Feasibility Study, Facility Renovation Plan for a Garage Wall Demolition, and Lyman Creek
Dam Outlet Diversion Improvements Project(Nielsen)
F.5 Ordinance 2119 Final Adoption of the 130 Flanders Mill Road Annexation of 1.0875 Acres
and Amendment of the City Zoning Map for the Establishment of a Zoning Designation of R-
3 (Residential Medium Density); Application 22043(Rogers)
G.Public Comment
This is the time to comment on any matter falling within the scope of the Bozeman City
Commission. There will also be time in conjunction with each agenda item for public comment
relating to that item but you may only speak once. Please note, the City Commission cannot take
action on any item which does not appear on the agenda. All persons addressing the City
Commission shall speak in a civil and courteous manner and members of the audience shall be
respectful of others. Please state your name and address in an audible tone of voice for the record
and limit your comments to three minutes.
H.Special Presentation
H.1 Eighth Quarterly Report on Bozeman as an Inclusive City (Mihelich)
I.Action Items
I.1 Resolution 5439 Declaring a Public Welfare Emergency and Authorizing the Selection of a
Responsible Contractor without Competitive, Advertised Bidding to Complete the
Immediate Repair of Damage to the City Swim Center(Cooper)
I.2 Resolution 5406 Establishing Tree Maintenance District Assessments for FY2023 (Harlow-
Schalk)
I.3 Public Hearing for University Crossing Site Plan and Conditional Use Permit (CUP) to Allow
Ground Floor Residential within the Community Business (B-2) Zoning District, Application
21327(Hyde)
J.Work Session
J.1 Short Term Rental Work Session(Munfrada)
K.FYI / Discussion
L.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
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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:Nadine Waters, Accounts Payable Clerk
Nicole Armstrong, 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:August 9, 2022
AGENDA ITEM TYPE:Finance
RECOMMENDATION:The City Commission is recommended to make a motion and approve
payment of 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: August 5, 2022
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Memorandum
REPORT TO:City Commission
FROM:Laurae Clark, Treasurer
Rachel Harlow-Schalk, Interim Finance Director
SUBJECT:Approval of Depository Bonds and Pledged Securities as of June 30, 2022
MEETING DATE:August 9, 2022
AGENDA ITEM TYPE:Finance
RECOMMENDATION:Approve the depository bonds and pledged securities as of June 30, 2022.
STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable
sources of funding for appropriate City services, and deliver them in a lean
and efficient manner.
BACKGROUND:
17-6-102. Insurance on deposits. (1) Deposits in excess of the amount
insured by the federal deposit insurance corporation or the national credit
union administration may not be made unless the bank, building and loan
association, savings and loan association, or credit union first delivers to the
state treasurer or deposits in trust with some solvent bank, as security
therefore, bonds or other obligations of the kinds listed in 17-6-103, having a
market value equal to at least 50% of the amount of the deposits in excess of
the amount insured. The board of investments may require security of a
greater value. When negotiable securities are placed in trust, the trustee's
receipt may be accepted instead of the actual securities if the receipt is in
favor of the state treasurer, successors in office, and the state of Montana
and the form of receipt and the trustee have been approved by the board of
investments.
(2) Any bank, building and loan association, savings and loan association,
or credit union pledging securities as provided in this section may at any
time substitute securities for any part of the securities pledged. The
substituted collateral must conform to 17-6-103 and have a market value at
least sufficient for compliance with subsection (1). If the substituted
securities are held in trust, the trustee shall, on the same day the
substitution is made, forward by registered or certified mail to the state
treasurer and to the depository financial institution a receipt specifically
describing and identifying both the securities substituted and those released
and returned to the depository financial institution.
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Section 7-6-207 (2), MCA, requires the City Commission to approve pledged
securities at least quarterly.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission
FISCAL EFFECTS:The City is sufficiently pledged.
Attachments:
Commission Memo - Pledged Securities - Approval 0622.doc
Depository Bonds & Securities 0622.doc
Report compiled on: July 20, 2022
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Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Laurae Clark, Treasurer
SUBJECT: Approval of depository bonds and pledged securities as of June 30, 2022.
MEETING DATE: August 9, 2022
AGENDA ITEM TYPE: Consent
RECOMMENDATION:Approve the depository bonds and pledged securities as of June 30,
2022.
BACKGROUND: 17-6-102. Insurance on deposits. (1) Deposits in excess of the amount
insured by the federal deposit insurance corporation or the national credit union administration
may not be made unless the bank, building and loan association, savings and loan association,
or credit union first delivers to the state treasurer or deposits in trust with some solvent bank,
as security therefore, bonds or other obligations of the kinds listed in 17-6-103, having a market
value equal to at least 50% of the amount of the deposits in excess of the amount insured. The
board of investments may require security of a greater value. When negotiable securities are
placed in trust, the trustee's receipt may be accepted instead of the actual securities if the
receipt is in favor of the state treasurer, successors in office, and the state of Montana and the
form of receipt and the trustee have been approved by the board of investments.
(2) Any bank, building and loan association, savings and loan association, or credit union
pledging securities as provided in this section may at any time substitute securities for any part
of the securities pledged. The substituted collateral must conform to 17-6-103 and have a
market value at least sufficient for compliance with subsection (1). If the substituted securities
are held in trust, the trustee shall, on the same day the substitution is made, forward by
registered or certified mail to the state treasurer and to the depository financial institution a
receipt specifically describing and identifying both the securities substituted and those released
and returned to the depository financial institution.
Section 7-6-207 (2), MCA, requires the City Commission to approve pledged securities at least
quarterly.
UNRESOLVED ISSUES: None
ALTERNATIVES: As suggested by the City Commission
FISCAL EFFECTS: The City is sufficiently pledged.
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Attachments: Depository Bonds & Pledges Securities Report as of June 30, 2022
Report compiled on:July 20, 2022
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DEPOSITORY BONDS AND SECURITIES
AS OF
June 30, 2022
MATURITY CUSIP NO/LOC NO. TOTAL AMOUNT
US BANK
All Accounts
Federal Deposit Insurance Corporation-Operating Accts $ 250,000.00
LOC-FHLB Cincinnati 08/15/2022 567478 $ 18,000,000.00
TOTAL – US Bank $ 18,250,000.00
FIRST SECURITY BANK
All Accounts
Federal Deposit Insurance Corporation $ 0.00
Celina TX ISD REF GO UNLTD BD 08/15/2033 151145NX3 $ 1,185,000.00
Celina TX ISD REF GO UNLTD BD 08/15/2034 151145NY1 $ 1,235,000.00
TOTAL - First Security Bank $ 2,420,000.00
This is to certify that we, the Commission of the City of Bozeman, in compliance with the provisions of Section 7-6-
207, M.C.A., have thisday certified the receipts of the First Security Bankand US Bank, for the Depository Bonds
held by the Director of Finance as security, for the deposit for the City of Bozeman funds as of June 30, 2022, by
the banks of Bozeman and approve and accept the same.
_____________________________________________
CYNTHIA L. ANDRUS, Mayor
______________________________________________________________________________
TERRY CUNNINGHAM, Deputy Mayor I-HO POMEROY, Commissioner
______________________________________________________________________________
CHRISTOPHER COBURN, Commissioner JENNIFER MADGIC, Commissioner
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PLEDGED SECURITIES AND CASH IN BANK
As of
June 30, 2022
US BANK
Total Cash on Deposit $13,917,914.63
FDIC Coverage $250,000.00
Amount Remaining $13,667,914.63
Pledges Required 104%$14,214,631.22
Actual Pledges $18,000,000.00
Over (Under) Pledged $3,785,368.78
FIRST SECURITY BANK
CD's $0.00
FDIC Coverage $0.00
Amount Remaining $0.00
Pledges Required 50%$0.00
Actual Pledges $2,420,000.00
Over (Under) Pledged $2,420,000.00
REFERENCE: Section 7-6-207, M.C.A.
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Memorandum
REPORT TO:City Commission
FROM:Sarah Rosenberg, Associate Planner
Brian Krueger, Development Review Manager
Anna Bentley, Interim and Deputy Director of Community Development
SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement in the
Amount of $56,400 with Metcalf Archaeological Consultants, Inc. to Supply
the City with Architectural Inventory Services
MEETING DATE:August 9, 2022
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:That the City Commission approve the professional services agreement with
Metcalf Archaeological Consultants, Inc. and authorize the City Manager to
sign the agreement on behalf of the City.
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 Architecture Inventory Project purpose is to survey and collect
architectural, historic and neighborhood character data in order to continue
to supporting the City of Bozeman’s Historic Preservation and Neighborhood
Conservation Overlay District programs.
The need for an updated Architectural Survey was identified with the 2015
NCOD Report and more recently with the NCOD Review Project.
Additionally, the adopted 2018 Strategic Plan 4.2- d) Update Historic
Preservation Guidelines, states the need for continued investment in the
city’s architecture inventory.
UNRESOLVED ISSUES:None
ALTERNATIVES:As determined by the Commission
FISCAL EFFECTS:Contract cost of $56,400 is within the amount funded in the 2022 fiscal year
budget.
Attachments:
SHPO/COB Agreement
Final PSA Metcalf-COB signed.pdf
COI_CityOfBozeman_2022.pdf
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Report compiled on: July 27, 2022
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Professional Services Agreement for Architecture Inventory Project
FY 2023
Page 1 of 15
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _______ day of _________________, 2022
(the “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, Metcalf Archaeological Consultants,
Inc, with an address of 11495 W. 8th Suite 104, Lakewood, Colorado 80215.
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 date first written above and
will terminate one year after the Effective Date.
3. Scope of Work: Contractor will perform the work and provide the services in accordance
with the requirements of the Scope of Services, Exhibit A (the “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 amounts 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.
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Professional Services Agreement for Architecture Inventory Project
FY 2023
Page 2 of 15
Contractor will invoice the City monthly for Services completed, but not to exceed
$56,400 prior to June 30, 2023. Contractor understands and agrees that City’s payments for
Services rendered during the term of any extensions to this Agreement is contingent on the City
Commission’s appropriation of sufficient funds in the applicable Fiscal Year budget for the
Services. Should funds not be appropriated, this Agreement will terminate effective
immediately, and such termination will be considered a Termination for City’s Convenience
pursuant to Section 9 herein.
5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor
makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement,
the Scope of Services, and with all local conditions and federal, state and local laws,
ordinances, rules, and regulations that in any manner may affect cost, progress or performance
of the Scope of Services.
b. Contractor represents and warrants to City that it has the experience and ability
to perform the services required by this Agreement; that it will perform said 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, 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.
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Professional Services Agreement for Architecture Inventory Project
FY 2023
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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.
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 and expert witness and
consultants), losses, expenses, liabilities (including liability where activity is inherently or
intrinsically dangerous) or damages of whatever kind or nature connected therewith 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; (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 willful misconduct of the Contractor or Contractor’s agents or employees.
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Professional Services Agreement for Architecture Inventory Project
FY 2023
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Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not
be construed to negate, abridge, or reduce any common-law or statutory rights of the
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should any indemnitee described herein be required to bring an action against the Contractor to
assert its right to defense or indemnification under this Agreement or under the Contractor’s
applicable insurance policies required below the indemnitee shall be entitled to recover
reasonable costs and attorney fees incurred in asserting its right to indemnification or defense
but only if a court of competent jurisdiction determines the Contractor was obligated to defend
the claim(s) or was obligated to indemnify the indemnitee for a claim(s) or any portion(s) thereof.
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.
Contractor also waives any and all claims and recourse against the City or its officers, agents or
employees, including the right of contribution for loss or damage to person or property arising
from, growing out of, or in any way connected with or incident to the performance of this
Agreement except “responsibility for his own fraud, for willful injury to the person or property of
another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA.
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 subsection (a) of this
Section.
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Professional Services Agreement for Architecture Inventory Project
FY 2023
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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 and
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; $2,000,000 annual
aggregate; 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, its officers,
agents, and employees, 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 sixty (60) 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:
If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of
its obligations under this Agreement, or otherwise breaches any terms or conditions of this
Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right
to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The
City may then take over the work and complete it, either with its own resources or by re-letting
the contract to any other third party.
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Professional Services Agreement for Architecture Inventory Project
FY 2023
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In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment
only for those services Contractor actually rendered.
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.
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 City may terminate
this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”).
The termination shall be effective in the manner specified in the Notice of Termination for City’s
Convenience and shall be without prejudice to any claims that the City may otherwise have
against Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under this
Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately in
progress.
c. In the event of a termination pursuant to this Section 9, Contractor is entitled to
payment only for those services Contractor actually rendered on or before the receipt of the
Notice of Termination for City’s Convenience.
d. The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be
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FY 2023
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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:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be Loren Olsen 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 Loren Olsen as 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 listed above 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 Jennifer B. Lee 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,
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Professional Services Agreement for Architecture Inventory Project
FY 2023
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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.
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: 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.
The Contractor shall require these nondiscrimination terms of its sub-Contractors 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
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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 his 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 City. Any subcontractor or assignee will be bound by all of
the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide
documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that
the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law.
The Contractor shall not issue any statements, releases or information for public dissemination
without prior approval of the City.
18. Non-Waiver: A waiver by either party 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: That in the event it becomes necessary for either Party of
this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement
or to give any notice required herein, then the prevailing Party or the Party giving notice shall be
entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house
counsel to include City Attorney.
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20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents, employees,
or representatives shall be resolved first by negotiation between senior-level personnel
from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator
to assist in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this
Agreement.
22. Survival: Contractor’s indemnification shall survive the termination or expiration of this
Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular
paragraphs to which they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects by the
laws of the State of Montana.
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
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Professional Services Agreement for Architecture Inventory Project
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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 therein or made a part
thereof by reference, are not binding upon the parties. There are no understandings between
the parties other than as set forth in this Agreement. All communications, either verbal or
written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless
specifically made a part of this Agreement by reference.
30. Extensions: This Agreement may, upon mutual agreement, be extended for up to four (4)
additional one-year terms by written agreement of the Parties.
31. Section 3 of the Housing and Urban Development Act of 1968: The contractor will ensure
that to the greatest extent feasible opportunities for training and employment arising in connection
with this CDBG-assisted project will be extended to lower income project area residents. Further,
the contractor will, to the greatest extent feasible, utilize business concerns located in or
substantially owned by residents of the project area, in the award of contracts and purchase of
services and supplies.
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IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA Metcalf Archaeology
By________________________________ By __________________________________
Jeff Mihelich City Manager Jennifer B. Lee, Project Manager
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
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FY 2023
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Exhibit A – SCOPE OF SERVICES
Project Overview
The Architecture Inventory Project purpose is to survey and collect architectural, historic and
neighborhood character data in order to continue supporting the City of Bozeman’s Historic
Preservation and Neighborhood Conservation Overlay District programs. This project seeks to
continue the efforts of previous city architectural inventory surveys dating back to the early
1980s.
Information generated from this architectural inventory survey will enable the City of Bozeman
Historic Preservation staff make informed land use decisions in accordance with the City’s
Strategic Plan, Historic Preservation and Neighborhood Conservation Overlay District
ordinances.
The consultant shall employ at a minimum the services of an Architectural Historian qualified in
accordance with the National Park Service Professional Qualification Standards as well as any
and all other specialty disciplines necessary to complete the project as described.
Architectural Inventory Services not to exceed $56,400 for Fiscal Year 2022. $50,000 has been
allocated through City Budget funds FY 2023 and $6400 has been granted from the State
Historic Preservation Office for the Certified Local Government (CLG) Grant (see attached
agreement). Architectural Inventory Survey services will be as requested on an individual
project by project basis as requested by the City of Bozeman.
Initiation of Work
In implementing this “multi-order” contract the City of Bozeman will request Metcalf
Archaeological Consultants, Inc. (Metcalf) to perform an architectural inventory survey on a
project by project basis. The consultant will be provided with a detailed list of particular
properties that will undergo an architectural survey, consultant will be provided with property list
at time of project initiation. The number of properties to document is not set but will be
established later in consultation between the two parties with consideration of the budget.
The consultant will be expected to provide the City of Bozeman with the property owner contact
information prior to initiating survey work, after property owners have been notified by the City of
Bozeman staff, staff will give the approval to perform architectural inventory survey services of
listed properties.
Architectural Inventory Survey Services
The City of Bozeman’s Architecture Inventory project requires 3 intensities of architecture
survey work to be completed by a consultant. These intensities are intended to inform a variety
of planning initiatives relating to the City’s well established Neighborhood Conservation Overlay
District and Historic Preservation program. Both of these programs utilize a mixture of historic
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Professional Services Agreement for Architecture Inventory Project
FY 2023
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eligibility data and neighborhood defining characteristics that inform the in-house plan review
within the districts. It is staff’s goal to make informed decisions regarding the long term
application of these two programs and have updated data for plan review, as well as inform long
term planning decisions.
The completion of all 3 levels of survey are to be documented with the Architecture and
Engineering Form available from the Montana State Historic Preservation Office, and remain in
an editable format to allow updates and future intensities of survey to occur. All survey
intensities will have a base of information that will be consistent such as Address, Legal
Locations, photographs and maps. Additionally, the consultant will provide all property owner
contact information for all properties surveyed regardless of survey level.
Level I – Reconnaissance & Neighborhood Character Elements
The Level I survey is intended to record and review architectural character elements and
propose a “Field” recommendation regarding the potential for eligibility. The Field
recommendation for potential eligibility is to be written under the Architectural Description
section of the Architecture and Engineering Form. Field recommendation can result in an
“unevaluated” determination to warrant further investigation.
Level I survey will contain in a detailed description of elements that relate to the overall general
development patterns of the property. These elements should include but are not limited to:
structure stories, materials, fenestration patterns, roof types, architectural style and form,
porches, chimney, landscaping patterns etc.
Level II – Full Level Survey
Level II is a more intensive survey that will require historic research and a more detailed
architectural description. This survey level will result in a formal determination of “Eligible” vs.
“Non-Eligible” that will be recorded on the Montana History Property Record form.
Level III – Additional Survey Work
The Level III survey category will be utilized for a variety of architectural survey services,
including but not limited to architectural documentation, National Register Nomination writing or
in-depth architectural survey work. All Level III services, if needed, will be determined and
costed at a later date, in agreement, in writing with consultant.
Suggested Architectural Survey- Survey Level Detail:
I II III
1. Property Address Information X X X
2. Historic Address (if applicable) / Property Owner Information X X X
3. Legal Location X X X
4. UTM Reference X X X
5. County X X X
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6. Historic Name & Use X X X
7. Contact Information X X X
8. Architectural Description and Character Elements: X X X
9. History of Property X X
10. Information Sources/ Bibliography X X
11. Eligibility X X
12. Statement of Significance X X
13. Integrity Description X X
14. Photos & Maps X X X
D. Schedule of Deliverables. The consultant will complete the services required under this Schedule
of Deliverables and submit the required forms and related documentation in accordance with the
following schedule:
1. Project Schedule. Within 5 days after the notice to proceed, Metcalf will provide the list of
properties to be surveyed and a project schedule to be reviewed by City staff. This can be
accomplished via email.
2. Preliminary Submission. Within a reasonable time frame, Metcalf will submit a sample of
survey forms and related documentation to be reviewed by staff. This submission will also be
reviewed by the Historic Preservation Advisory Board (HPAB) to identify any potential problems
and all time for correction/clarification of the work to be completed.
3. Final Submission. Within a reasonable time frame after the project concludes work submit to
staff completed Architecture and Engineering Forms in a digital and editable electronic and
hard copy for review. Project will not be complete until staff has evaluated submitted
Architecture and Engineering Form for completeness and accuracy. These forms will be
available for property owners to review and comment on.
Length of Services
The scheduling for completion of the architectural survey work will proceed on a project by
project basis. All projects will be complete in a timely and efficient manner. It is to be understood
that the consultants will respond to individual project requests as indicated in this scope.
The duration of services may be extended by a “Contract Extension” if mutually agreed to in
writing. This contract may be renewed on a yearly basis depending on available funds and need
of contracted work, whichever comes first.
Budget
This professional Services Agreement is an indefinite quantity agreement whereby the
consultants agrees to furnish services during a prescribed period of times. The specific period of
times completes such a contract. The City of Bozeman has established an estimated budgetary
ceiling of $56,400 for this agreement.
39
40
41
Memorandum
REPORT TO:City Commission
FROM:Griffin Nielsen, Project Engineer
John Alston, Director of Utilities
SUBJECT:Authorize the City Manager to Sign a Task Order 1 of the Professional
Services Master Task Order Agreement with AE2S Providing for Engineering
Services for the Following Three Sub-tasks at the City of Bozeman Water
Treatment Plant: DAF Effluent to Gravity Thickener Feasibility Study, Facility
Renovation Plan for a Garage Wall Demolition, and Lyman Creek Dam Outlet
Diversion Improvements Project
MEETING DATE:August 9, 2022
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to execute Task Order No. 1 of the Professional
Services Master Task Order Agreement with the firm of AE2S providing for
engineering services for the following three sub-tasks at the City of Bozeman
Water Treatment Plant: DAF Effluent to Gravity Thickener Feasibility Study,
Facility Renovation Plan for a Garage Wall Demolition, and Lyman Creek Dam
Outlet Diversion Improvements Project.
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:AE2S provides professional engineering services on an on-call basis for the
City of Bozeman Water Treatment Plant (WTP) under a Master Task Order
Agreement entered into on March 22, 2022. Attached is Task Order 1
providing for engineering services for the following three sub-tasks,
identified as phases within the attached scope and fee, at the City of
Bozeman Water Treatment Plant: Dissolved Air Flotation (DAF) Effluent to
Gravity Thickener Feasibility Study, Facility Renovation Plan for a Garage
Wall Demolition, and Lyman Creek Dam Outlet Diversion Improvements. The
sub-tasks have been included within a single task order to reduce the
administrate effort on both the City’s and consultant’s side, increasing
efficiency and reducing cost.
The DAF Effluent to Gravity Thickener Feasibility Study sub-task will evaluate
three technologies to remove entrained air from the DAF effluent allowing
for suspended solid to settle within the plant’s gravity thickener increasing
the plant’s process efficiency. Findings from the study will identify the
effectiveness of each technology and will provide staff with the respective
cost of implementing the top performing technology.
42
The Facility Renovation Plan for a Garage Wall Demolition sub-task will
evaluate the structural impacts of removing a garage wall separating bays
within the treatment plan and provide limits of demolitions and construction
detail for the relocation of the utilities and wall-mounted support struts.
Currently, the plant’s general utility storage space and half-bay garage
spaces are separated by a concrete masonry wall, removal of the wall will
allow staff more efficiently use the space and store a wider range of
equipment.
The Lyman Creek Dam Diversion Improvements sub-task will evaluate
improvement options to the existing upper dam outlet diversion structure
on Lyman Creek which is currently experiencing structural degradation
(concrete spalling) and will need to be replaced or removed prior to failure.
UNRESOLVED ISSUES:None
ALTERNATIVES: As suggested by the Commission
FISCAL EFFECTS:The task order with AE2S comes at a total cost not to exceed $40,220 with
funding provided by the Water Fund CIP Project W57 – WTP Facility
Engineering and Optimization currently with an unobligated fund balance of
$43,838.
Attachments:
WTP On-Call Services - Task Order 1
Report compiled on: July 28, 2022
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Page 1 of 2
EXHIBIT A to Professional Services Master Task Order Agreement Dated
March 22, 2022
TASK ORDER NUMBER: 1 (FOR FY 2023)
Issued under the authority of Professional Services Master Task Order Agreement between the City of
Bozeman and Advanced Engineering and Environmental Services, LLC for WTP On-Call Engineering
Services (Agreement).
This is a Task Order dated ______________, between City of Bozeman (City) and Advanced
Engineering and Environmental Services, LLC (Consultant).
The following representatives have been designated for the work performed under this Task Order:
City: Griffin Nielsen, PE
Consultant: Brian Viall, PE – Project Manager
Project Name: P05097-2020-011 – Bozeman WTP On-Call Services
Phase 020 – DAF Effluent to Gravity Thickener Feasibility Study
Phase 021 – WTP Facility Renovations – Garage Wall Demolition
Phase 022 – Lyman Creek Dam Outlet Diversion Improvements
SCOPE OF WORK:
The Scope of Work is defined in Attachment 1: Scope and Fee Estimate Summary for P05097-2020-011:
Phases 020; 021; & 022.
COMPENSATION:
1. City agrees to pay Consultant for rendering services associated with this Task Order at Standard Hourly
Rates and for Reimbursable Expenses up to an amount not to exceed $40,220.00 without written
authorization from the parties agreeing to an increase in Consultant’s compensation limit.
2. Budget’s for each Phase identified in this Task Order shall be managed as a discrete sum. Engineer
may neither alter the distribution of compensation between individual phases nor exceed any phase
specific Fee Estimate amount unless approved in writing by the Owner per the terms of the Agreement.
3. Consultant shall be reimbursed at Standard Hourly Rates and for Reimbursable Expenses in Accordance
with Consultant’s 2022 Hourly Fee and Expense Schedule.
4. Personnel anticipated to provide the majority of the Scope of Work – exclusive of personnel providing
administrative and incidental labor – are identified in the Personnel Section of Attachment 1 along with
their respective Labor Classification as of the effective date of this Task Order.
5. Contractor shall invoice no more often than monthly for services provided in the previous pay period.
The provisions of the Professional Services Master Task Order Agreement dated March 22, 2022 and any
Special Terms and Conditions and/or Exhibits or Attachments to this Task Order shall govern the Work.
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Bozeman Professional Services Master Task Order Agreement Dated: March 22, 2022
Task Order 1 for FY 2023 | P05097-2020-011 – Bozeman WTP On-Call Services
Page 2 of 2
IN WITNESS WHEREOF, the parties authorized to commit resources of the companies have executed this
Task Order:
City of Bozeman Contractor
By: By:
Title: Title:
Date: Date:
Fed. ID. No.
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Page 1 of 4
https://ae2s.sharepoint.com/sites/05097-2020-011BozemanWTPOn-CallServices_FY22-24/Shared Documents/Data/0.0 Project Administration/0.2 Contracts/FY 2023/Attachment 2 - TO
P05097-2020-010(1).docx
Bozeman, Montana
P05097-2020-011: Bozeman WTP On-Call Services
TASK ORDER NO. 1 (FOR FY 2023)| PHASES 020; 021; & 022.
DATE OF PROFESSIONAL SERVICES MASTER TASK ORDER AGREEMENT: MARCH 22, 2022
EFFECTIVE DATE OF TASK ORDER:______________________
Attachment 1: Scope and Fee Estimate Summary for P05097-2020-011:
Phases 020; 021; & 022
Phase 020 – DAF Residuals to Gravity Thickener Feasibility Study
Objective:
· Determine the feasibility of obtaining acceptable solids settling performance of residuals from the
dissolved air floatation (DAF) effluent by comparing results of laboratory scale experimentation
with three degassing equipment alternatives. Three degassing technologies will be evaluated for
their ability to remove entrained air and improve settleability of the suspended solids: ultrasonic
degassing equipment; chemical surfactants/detergents; and agitation with standard propeller
mixers. Data on the agitation with propeller mixers is already supplied by the City.
· Based on these results, Consultant will evaluate the economic feasibility of implementing and
operating the technology at scale within the treatment system of the Water Treatment Plant.
Deliverables:
· Technical Memorandum Summarizing the following:
o Laboratory result of degassing equipment performance.
o The feasibility of the top performing degassing alternative to increase settleability at scale.
o Operation, Maintenance, and Replacment (OM&R) cost of operation.
o Consultant’s Opinion of Probable Construction Costs (COPCC)
o Opportunity Cost of Non-Revenue Water
o Recommendation for full scale implementation.
Schedule:
· Complete Technical Memorandum prior to September 30, 2022
Fee Estimate
· $21,120.00 – Standard Hourly Rates
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Phase 021 – WTP Facility Renovations – Garage Wall Demolition
Objective:
· Consultant will evaluate and assess the structural impacts of the Water Treatment Plant (WTP)
Operators completing demolition of an existing wall constructed of Concrete Masonry Units wich
separates the general utility storage space from the half-bay garage spaces located through the
overhead doors on the south side of the main WTP control building.
Deliverables:
· Written findings (letter format) of structural assessment of existing conditions and demolition
impacts to surrounding structure.
· Written description of the extent of demolition boundaries.
· Standard Construction Details for re-routing existing utilities and affixing wall-mounted support
struts to the remaining structure.
Schedule:
· Provide letter of written findings to WTP Superintendent on or before September 9, 2022
Fee Estimate
· $9,060.00 – Standard Hourly Rates
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Phase 022 – Lyman Creek Dam Outlet Diversion Improvements
Objective:
· Perform 1-dimensional hydraulic analysis of outlet diversion structure at the upper existing Dam
on Lyman Creek based on existing conditions and summary of City proposed improvements.
· Provide standard construction details for basic concrete modifications and pipe sizing required to
lower operating level of the dam.
Deliverables:
· Written summary of findings in letter format describing the results of hydraulic analysis.
· Standard Construction Details (maximum of two sheets) describing the concrete modifications to
the diversion structure and the site plan representing the conduit sizing and alignment and any Best
Management Plan (BMP) improvements to optimize flows and minimize erosion and
sedimentation.
Schedule:
· Provide Deliverables 45 calendar days after effective date of this Task Order.
Fee Estimate
· $10,040.00 – Standard Hourly Rates
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Consultant’s 2022 Hourly Fee and Expense Schedule
Labor Category Rates:
Administrative 1 $61.00
Administrative 2 $74.00
Administrative 3 $89.00
Engineering Assistant 1 $77.00
Engineering Assistant 2 $92.00
Engineering Assistant 3 $116.00
Engineer 1 $125.00
Engineer 2 $148.00
Engineer 3 $177.00
Engineer 4 $203.00
Engineer 5 $215.00
Engineering Technician 1 $75.00
Engineering Technician 2 $96.00
Engineering Technician 3 $117.00
Engineering Technician 4 $131.00
Engineering Technician 5 $149.00
Reimbursable Expense Rates
Transportation $0.65/mile
Survey Vehicle $0.85/mile
Laser Printouts/Photocopies $0.30/copy
Plotter Printouts $1.00/s.f.
UAS - Photo/Video Grade $100.00/day
UAS – Survey $50.00/day
Total Station – Robotic $35.00/hour
Mapping GPS $25.00/hour
Fast Static/RTK GPS $50.00/hour
All-Terrain Vehicle/Boat $100.00/day
Cellular Modem $75.00/month
Web Hosting $26.00/month
Legal Services Reimbursement $250.00/hour
Outside Services cost *1.15
Geotechnical Services cost *1.30
Out of Pocket Expenses cost*1.15
Rental Car cost*1.20
Project Specific Equipment Negotiable
Personnel:
Employee Labor Classification
Brian Viall, PE Engineer 4
Zach Magdol, PE Engineer 4
Jordan Geiger, PE Engineer 4
Aidan Scheffel, EIT Engineering Assistant 2
Kirk Ehlke, PE Engineer 3
Twila Kemp Engineering Technician 5
Alexander Ciessau, EIT Engineer 1
Fee Estimate Summaries:
· Detailed fee estimate summaries for each of the phases included in this Task Order are provided as
an appendix to this Attachment for reference.
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APPENDIX A of
ATTACHMENT 1: Scope and Fee Summary for P05097-2020-011 - Bozeman WTP On-Call Services
Phase Specific Fee Summaries
Phase 020: DAF Residuals to Gravity Thickener Feasibility
Study ESTIMATED FEE
SUMMARY:
Personnel:Viall, B.Scheffel, A.
Role:PM Project Engineer
Classification:ENGR IV Engineering Assistant 2
2022 Rates:$203 $92 1
TASKS
Phase 020: DAF Residuals Feasibility (FY 2022)
Task 01: Project Management
Project Planning 4
Project Communications 4
Project Administration 4
Project Meetings 4
QA/QA
TASK HOURS 16 0
TASK FEE:3,250.00$
Task 02: Study DAFE to Gravity Thickener Feasibility
Problem Statement, Define Methods & Materials 2 10
Alternative 1: Ultrasonic Degassing Equipment 6 11
Alternative 2: Standard Mixing 2 6
Alternative 3: Coalescing Removal Separators 6 11
Payback on Operational Costs v. EOPCC 4 16
Conclusions 1 6
TASK HOURS 21 60
TASK FEE:10,650.00$
Task 03: Report
Report 4 16
TASK HOURS 4 16
TASK FEE:2,290.00$
Task 095: Expenses
Transportation Allowance 150.00$
UDE Lease (2-Month Min.) 75% of Lease Towards Purchase 4,772.50$
Coalescing Removal Separator & Bench-Top Pump.920.00$
TASK FEE:4,930.00$
ESTIMATED TOTAL FEE:21,120.00$
Personnel
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APPENDIX A of
ATTACHMENT 1: Scope and Fee Summary for P05097-2020-011 - Bozeman WTP On-Call Services
Phase Specific Fee Summaries
Phase 021: Bozeman WTP Facility Remodel - Garage Wall
Demo ESTIMATED FEE
SUMMARY:
Personnel
Personnel:Viall, B., PE Ehlke, K., PE Kemp, T.
Role:PM Structural Engr.Drafting
Classification:ENGR IV ENGR III ENGR TECH V
2022 Rates:$203 $177 $149
TASKS TOTALS:
Phase 021: Garage Wall Demo (FY 2023)
Task 01: Project Management
Project Planning 2
Project Communications 1
Project Administration 1
Project Meetings 1
QA/QA
TASK HOURS 5 0 0
TASK FEE:1,020.00$
Task 02: Concrete Wall Assessment
Existing Conditions Review 4 4
Modeling and Structural Calculations 6
Demolition Details 4 4
Construction Details 4 2 6
Memorandum & Construction Notes 4 6
TASK HOURS 16 22 6
TASK FEE:8,040.00$
ESTIMATED TOTAL FEE:9,060.00$
2 of 3 51
APPENDIX A of
ATTACHMENT 1: Scope and Fee Summary for P05097-2020-011 - Bozeman WTP On-Call Services
Phase Specific Fee Summaries
Phase 022: Lyman Creek Dam Outlet Diversion
Improvements ESTIMATED
FEE SUMMARY:
Personnel:Magdol, Z., PE Ciessau, A., EIT Kemp, T.Geiger, J., PE
Role:Project Engineer EIT Drafting QA/QC
Classification:ENGR IV ENGR I ENGR TECH V ENGR IV
2022 Rates:$203 $125 $149 $203 1
TASKS TOTALS:
Phase 022: Lyman Creek Intake Dam Diversion Improvements (FY 2023)
Task 01: Project Management
Project Planning 2
Project Communications 2
Project Administration 1
Project Meetings 1
QA/QA
TASK HOURS 6 0 0 0
TASK FEE:1,220.00$
Task 02: Lyman Creek Intake Dam Condition Assessment
Records Review and Existing Conditions Assessment 4 4 8
Summary of Owner Proposed Improvements 3 6
Hydraulic Analysis - 1D 2 4
Construction Notes and Details 3 5 4 2
Memorandum 4 8
TASK HOURS 16 27 12 2
TASK FEE:8,820.00$
ESTIMATED TOTAL FEE:10,040.00$
Personnel
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Memorandum
REPORT TO:City Commission
FROM:Tom Rogers, Senior Planner
Anna Bentley, Interim Director of Community Development
SUBJECT:Ordinance 2119 Final Adoption of the 130 Flanders Mill Road Annexation of
1.0875 Acres and Amendment of the City Zoning Map for the Establishment
of a Zoning Designation of R-3 (Residential Medium Density); Application
22043
MEETING DATE:August 9, 2022
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION:Finally adopt Ordinance 2119, 130 Flanders Mill Road Annexation of 1.0875
acres and amendment of the City Zoning Map for the establishment of a
zoning designation of R-3 (Residential Medium Density); Application 22043.
STRATEGIC PLAN:4.1 Informed Conversation on Growth: Continue developing an in-depth
understanding of how Bozeman is growing and changing and proactively
address change in a balanced and coordinated manner.
BACKGROUND:The City Commission preliminarily adopted Ordinance No. 2119 on July 26,
2022. Application materials and staff report are available with the initial
packet as item I.1 in the City Commission packet. The video recording of the
City Commission is also available.
July 26, 2022 Agenda
The applicants and property owners, Little Spanish Preschool, seek to annex
1.0875 acre parcel into the City limits and establish initial zoning of R-3,
Residential Medium Density. The property is currently zoned SRR, Semi-
Rural Residential, in Zoning District 1 (County Zoning) and hosts a single-
household structure. Nearby municipal zoning includes R-2, Residential
Moderate Density, R-3, Residential Medium Density, and PLI, Public Lands
and Institutions.
The Future land Use designation is Urban Neighborhood. The R-3 zoning
district is an implementing zoning district for the category. The adjacent
Flanders Mill Road rights-of-way will be annexed with this application.
UNRESOLVED ISSUES:There are no identified conflicts on this application at this time.
ALTERNATIVES:As identified by the Commission.
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FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds
will be changed by this Zone Map Amendment. Future development will
incur costs and generate review according to standard City practices.
Attachments:
22043 Flanders Mill ZMA Ordinance 2119.pdf
537-01 HELVIK Zone-Map-Amnd.pdf
Report compiled on: July 27, 2022
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Ord 2119
Page 1 of 4
ORDINANCE 2119
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY
DESIGNATE 1.0875 ACRES AS R-3, MEDIUM DENSITY RESIDENTIAL DISTRICT,
KNOWN AS THE 130 FLANDERS MILL ROAD ZONE MAP AMENDMENT,
APPLICATION 22043.
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 proposed zone map amendment application to amend the City of
Bozeman Zoning Map to establish a zoning classification of R-3 (Residential Medium Density)
for approximately 1.0875 acres has been properly submitted, reviewed, and advertised; and
WHEREAS, after proper notice, the Bozeman Community Development Board acting in
their capacity as the Zoning Commission held a public hearing on July 18, 2022 to receive and
review all written and oral testimony on the request for a zone map amendment; and
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Ordinance No. 2119, 130 Flanders Mill Road ZMA
Page 2 of 4
WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City
Commission that application No. 22043 the 130 Flanders Mill Road Zone Map Amendment, be
approved as requested by the applicant; and
WHEREAS, after proper notice, the City Commission held its public hearing on July 26,
2022, to receive and review all written and oral testimony on the request for the zone map
amendment; and
WHEREAS, the City Commission has reviewed and considered the zone map amendment
criteria established in Section 76-2-304, M.C.A., and found that the proposed zone map
amendment would be in compliance with the criteria.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
That the zoning district designation of the following-described property is hereby designated as
R-3, Residential Medium Density District:
An area of land comprised described as follows:
A tract of land being Tract 1 of COS 2360 located in the Southwest ¼ of Section 3,
Township 2 South, Range 5 East, P.M.M., Gallatin County, Montana more
particularly described as follows: Beginning at The Southeast corner of said Tract
1, a Gaston Yellow Plastic Cap (YPC); thence N 00°59'59" E, a distance of 127.51'
to a Gaston YPC; thence N 89°48'15" W, a distance of 371.54' to a calculated
position on the North-South 1/16th line of the Southwest Quarter of said Section 3;
thence along said 1/16th line, S 00°59'59" W, a distance of 127.51' to a calculated
position; thence S 89°48'15" E a distance of 371.54' to the Point of Beginning.
Containing 47,371.1 square feet, 1.087 acres, more or less. Subject to all easements of record or
apparent from a visual inspection of the property and is along with and subject to any existing
easements.
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Ordinance No. 2119, 130 Flanders Mill Road ZMA
Page 3 of 4
Section 2
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 3
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 4
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 5
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 6
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
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Ordinance No. 2119, 130 Flanders Mill Road ZMA
Page 4 of 4
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 26th day of July, 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
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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Memorandum
REPORT TO:City Commission
FROM:Dani Hess, Community Engagement Coordinator/Interim Communications
Manager
Jeff Mihelich, City Manager
SUBJECT:Eighth Quarterly Report on Bozeman as an Inclusive City
MEETING DATE:August 9, 2022
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:None
STRATEGIC PLAN:3.3 Friendly Community: Ensure Bozeman continues to welcome diversity
through policies and public awareness.
BACKGROUND:This is the eighth and final Inclusive City update.
UNRESOLVED ISSUES:None
ALTERNATIVES:As directed by Commission
FISCAL EFFECTS:None
Attachments:
8-2-22 FINAL Inclusive City Report August 2022.pdf
Report compiled on: July 28, 2022
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AUGUST 9, 2022
City of Bozeman
Inclusive City Project Team
Inclusive City
Quarterly Report
August 2022
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City Manager Update
In July of 2020, staff came before the City Commission with the Inclusive City report. This internal report has 24
actions describing how we can continue to strive towards a more equitable and inclusive organization and
community. This is the City’s eighth and final quarterly report. We will continue to provide quarterly updates to
the City Commission on the development of the Equity & Inclusion Plan and completion of the two remaining
action items. We have made great progress this summer on several action items. Twenty-two of the 24 actions
are now complete or in progress.
To view all previous reports visit our website at www.bozeman.net/equityandinclusion. This report includes a
list of completed actions along with updates on newly completed items, updates on actions that are in progress,
and a detailed timeline and associated budget for all actions. Words matter in this work, and it’s important to
point out that many of these items may never be “complete” but will be “ongoing” efforts that the City is
dedicated to incorporating as a part of routine work.
Three items have moved from “not yet started” to “in-progress/ongoing” and are highlighted here.
First, the Bozeman Police Department recently finalized and posted the inquiry and complaints processes and
internal investigations policy. The complaint form and more info on how the process works is on the city
website. The department will accept both identified and anonymous complaints. Currently, Bozeman Police
Department is in the early stages of developing an appeal process in the case that a complainant is unsatisfied
with the findings of a complaint investigation.
Second, the Bozeman Police Department continues to broaden community outreach through events such as
Coffee with a Cop, National Night Out, Catapalooza, and other MSU campus events in coordination with law
enforcement partners in the Gallatin Valley. Two new examples of how the Police Department is getting out
into the community is through a new “Ice Cream with a Cop” event series focused on connecting with kids, and
the BPD’s sponsorship of the American Indian Council’s pow-wow earlier this year.
Third, the Human Resources Department has begun the process to update our existing Hiring Practices Policy.
This work includes an initial review of the City’s existing hiring practices and procedures against generally
accepted best recruitment practices.
And finally, we are excited to share this final “Inclusive City” update with you and transition to quarterly
updates on the Equity & Inclusion Plan process. The Commission will continue to receive updates on the
development of the plan, which will prioritize the final two Inclusive City recommendations that have not yet
been started: Conduct employee engagement surveys, and Review and update the language and images used
for advertising open positions.
In the simplest terms, our goal is to ensure that every resident, visitor, and City of
Bozeman employee feels welcomed and valued, and can thrive no matter their race,
identity, or life circumstance. – Jeff Mihelich
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Completed Actions
For further detail on completed actions please review previous reports on
our website at www.bozeman.net/equityandinclusion
City Manager Recommendations
1. Provide a quarterly progress report to the City Commission and interested
stakeholders
This is the final Inclusive City report. Quarterly reports will continue and be focused on summarizing our
progress in developing the City’s Equity & Inclusion Plan.
4. Sponsor a Diversity, Equity and Inclusion Summit with community partners such as
Montana State University, HRDC, and Montana Racial Equity Project
The Community Roundtable on Equity & Inclusion was hosted in partnership with the Montana State University
Office of Diversity & Inclusion, Montana Racial Equity Project, Bozeman School District, and Bozeman Health.
The 2.5 hour virtual event took place on Monday, October 25th and was attended by over 120 community
members and leaders of organizations addressing our community’s most pressing needs. The planning
committee took steps to create a welcoming and inclusive space by co-creating and delivering a land
acknowledgement, establishing group agreements for participation in discussion, and providing language
access for Spanish speakers through live interpretation, and accommodating the needs of people with low or
no vision or hearing.
The event covered the data with a presentation of equity indicators, made space for the voices of three local
storytellers who shared their lived experiences, and sparked discussion among attendees about how we can all
contribute to closing the gaps in our community. Out of these facilitated discussions, we gathered input,
listened to people’s experiences, and exchanged contact information. We are excited to maintain momentum,
strengthen existing relationships, and build new ones as we take the next steps together.
The event closed by asking participants to commit to taking action in their organizations or personal lives
through continued learning about inequity and injustice, contributing to the work being done by local
organizations to correct inequities, and participate in the City of Bozeman’s upcoming efforts to develop a
Diversity, Equity & Inclusion plan. Participants were directed to the city’s website to stay informed and engaged
as we lay the groundwork for a Diversity, Equity & Inclusion plan in the coming year.
6. Become a member of the Government Alliance on Race and Equity (GARE)
The City of Bozeman was accepted into GARE in November 2020. Bozeman is now the first organization from
Montana to be a part of GARE! As a part of the City’s membership there are opportunities to learn from leaders
in the space as well as share successes. Several staff have already completed the GARE Foundations training
course “Advancing Racial Equity: The Role of Government” and are utilizing the network to ensure the City’s
actions are in line with best practices.
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Overall Diversity for the Organization
1. Make diversity a formal and high priority for the organization
Since the creation of the Inclusive City report in 2020 the City of Bozeman has made significant commitments to
diversity as an organization through budget allocations and progress on policy change and new projects. It
remains an explicit priority at the executive and elected level through the City Manager’s office, the City
Commission Strategic Priorities, and through the creation of Economic Vitality Board.
Foundational DEI training was offered to all city staff in spring 2022 and additional workshops are scheduled
through summer 2022. The employee performance appraisal system is currently being reviewed to ensure
consistency and non-discrimination.
On April 5, 2022 the City of Bozeman City Commission formally adopted a resolution establishing the City of
Bozeman as a City for CEDAW (The Convention on the Elimination of all Forms of Discrimination Against
Women). Resolution 5384 formalized the City’s prioritization of diversity, equity & inclusion while committing
to data collection, reporting, transparency, and action in the CEDAW priority areas of community safety, health
and well-being, and economic security.
Diversity, Inclusion and interaction with Minorities – Bozeman
Police Department
2. Augment existing policies and update to “Bias-free Policing”
The Bozeman Police Department has reviewed its existing policies against the model policy of “Bias-Free
Policing” and updated the department’s existing policies where necessary to be in line with this national best
practice. The final policy has now replaced the prior policy and staff have completed a training program which
highlighted the changes and the key points.
Use of Force – Bozeman Police Department
1. Policy Changes
The Bozeman Police Department has made revisions to the current policy which includes providing additional
policy direction concerning de-escalation and use of force. The goal of the updates is to address community
concerns and provide clarity for officers. As a result, a new and updated “Use of Force” policy has been finalized
and approved. The updated policy has been implemented and staff have completed a training program to
familiarize them with the changes.
Citizen Appeal Process – Bozeman Police Department
1. Create a stand-alone citizen complaint policy.
In Spring 2022 the “complaint form” that will begin each complaint process has been finalized and is now
available on the Bozeman Police Department website. The overall citizen complaint policy has now also been
completed and will be included when the Police Department begins publically publishing all policies.
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2. Clearly distinguish inquiries from complaints
After distinguishing inquiries from complaints, Bozeman Police Department staff began the lengthy process of
formulating workflow stemming from each category, which has now also been completed. The workflow clearly
separates and defines “inquiries,” “minor complaints,” and “major complaints.” After that, it distinguishes
which major complaints will require an administrative investigation and which will require an external
investigation.
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In Progress Actions
City Manager Recommendations
2. Identify anti-discrimination, implicit bias and systemic racism training for elected
officials and department heads.
The City has entered into a contract with The Equity Project to deliver a series of four workshops that all city
staff were encouraged to attend. Workshop 1 - Foundations of Equity, Diversity, and Inclusion was made
available through five 2-hour sessions that took place during late March, early April, 2022. Over 180 staff across
all departments attended Workshop 1, which covered shared language and terminology, concepts around
inclusion at the group, organizational, and community level, and identifying and understanding barriers to
equity in participants’ lived and professional experiences.
Workshops 2 – 4 built on the basic foundations to include reflections on personal and situational power and
privilege, communication tools, and equity action planning. These workshops were available for all elected
officials, directors and supervisors, Belonging in Bozeman team members, and any additional staff wishing to
grow their understanding of diversity, equity and inclusion.
All four workshops on the Foundations of Equity is complete! As of July 2022, 184 staff, elected officials, and
advisory board members attended this workshop series. Two additional sessions are yet to be scheduled for
new staff who may have missed the initial series.
5. Accelerate the implementation of body worn cameras for the Bozeman Police
Department.
Since March, various members of the Bozeman Police Department have had the opportunity to speak with a
wide variety of groups and individuals about the new body worn camera program. Feedback has been
overwhelmingly positive, with the community clearly understanding the benefits of this tool.
As of June, the video systems in the patrol cars have been changed over to Getac, the new body worn camera
vendor. Getac interview room systems are also currently being installed in the new Bozeman Public Safety
Center. These two systems will work alongside the body worn cameras to more efficiently capture, store, and
organize videos related to a specific call for service or case.
In addition to these efforts, the department has finalized the policy that will cover body worn camera and other
recording devices. The policy describes when to record, when not to record, special considerations, the
preservation of recordings, and the use and dissemination of recordings. This policy has been crafted from a
variety of sources, including model policies, other agency policies, officer input, and community feedback. The
policy draft has been finalized and shared with the public on the project page for Engage Bozeman. The
Bozeman Police Department anticipates full implementation of body worn cameras around the end of August.
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3. Develop a City Equity and Inclusion Plan to engage stakeholders and identify gaps
community wide and to implement policies that help all persons in Bozeman thrive
regardless of economic, racial, cultural, or gender identity.
The City has received and completed review of proposals for hiring a consultant team to facilitate the
development of the Equity & Inclusion Plan. The next steps are for the project team to finalize the Scope of
Services and Professional Services Agreement for approval by City Commission. Once approved, the work will
begin with the development of a Community Engagement Plan and collaboration with the working groups
established on the Belonging in Bozeman team.
Anti-discrimination
1. Implement additional training for all city staff.
The four part workshop series on the Foundations of Equity is complete! Completed in July 2022, 184 staff,
elected officials, and advisory board members attended this workshop series. Two additional sessions are yet to
be scheduled for new staff who may have missed the initial series.
In June of 2021, the City Commission intentionally earmarked approximately $61,000 for the Bozeman Police
Department to use to increase training in the areas of implicit bias and de-escalation. The Bozeman Police
Department utilized those funds to purchase a virtual reality training simulator. Rather than spending the
funds on one-time training, the purchase of this system will allow the department to conduct ongoing training
on these issues. In addition, the system will be used to offer training to other City employees, train new
officers on a wide variety of topics, and during events such as the Citizen’s Police Academy. All new BPD
Officers continue to receive training on implicit bias and de-escalation.
Training Date Completed Length # Staff Trained Comments
Foundations
of Equity –
4 Part
Workshop
Series
Started March
2022, Ongoing
2 hours
per
workshop
184 Completed in July 2022, 184 staff,
elected officials, and advisory board
members attended this workshop
series. Two additional sessions are yet
to be scheduled for new staff who may
have missed the initial series.
Workplace
Diversity
Started
December 2020,
Ongoing
1 hour 98.2% of all
employees
Cultural diversity can strengthen an
organization’s values and enhance
community awareness. Due to our
country’s rapid growth and ever-
changing diverse populations,
organizations are realizing strength in
the marketplace is linked to their ability
to attract a culturally diverse workforce.
Unfortunately, discrimination still
occurs on many levels. The goals of this
program are to promote awareness and
encourage acceptance, describe
strategies to create a positive and
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accepting work environment, and to
highlight the steps to take should
discrimination occur in the workplace.
GARE
Foundations
Advancing
Racial Equity:
The Role of
Government
Started
December 2020,
Ongoing
6 hours 7 This course provides an introduction to
the role, responsibilities and
opportunities for government to
advance racial equity. Participants gain
awareness of the history of race and of
implicit and explicit bias and individual,
institutional, and structural racism and
how it impacts the workplace. The
course also focuses on normalizing
racial equity as a core value with clear
definitions of key terminology,
operationalizing racial equity via new
policies and institutional practices, and
organizing, both internally and in
partnership with other institutions and
the community. Participants also
become skilled at identifying and
addressing institutional and structural
racism.
3. Review employee performance appraisal system
The City’s Human Resources department is working with managers, supervisors and represented employee
groups to seek input on a new approach to performance evaluation. The new approach will have an emphasis
on coaching and development and will aim to facilitate timely, reliable and valuable feedback for all employees.
Once input has been received by staff the program will be reviewed and approved by City Management before
being launched with employees in the “non-represented” category and MFPE union.
4. Review best practice recommendations, including the THRIVE index and the
Municipal Equality index
City staff have submitted the final application to the Municipal Equality Index with the Human Rights Campaign.
We await our final scorecard for 2022 later this year.
5. Review how the City handles anonymous complaints
The Bozeman Police Department recently finalized and posted the inquiry and complaints processes and
internal investigations policy. The complaint form and more info on how the process works is on the city
website The department will accept both identified and anonymous complaints. Currently, Bozeman Police
Department is in the early stages of developing an appeal process in the case that a complainant is unsatisfied
with the findings of a complaint investigation.
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6. Evaluate Diversity and Inclusion on Advisory Boards
The City Commission recently took action to consolidate many of the City’s Citizen Advisory Boards. As a part of
the consolidation process the City Commission prioritized diversity, equity and inclusion in the new structure.
At the direction of the Commission the City developed a voluntary survey to gather baseline information from
the existing Citizen Advisory Board members. Because the survey is voluntary it is not precise but provides an
important touchpoint for elected officials and leaders to understand the demographic makeup of advisory
boards. Per the recommendation of the City Manager this survey will be conducted every two years to track
progress and will be shared on the equity indicators dashboard.
The results from the data collection of the newly appointed boards show increased diversity in several
important categories including age, race/ethnicity, sexual orientation, and type of residence.
Citizen Appeal Process
3. Refine the complaint investigative process
Discussions are underway regarding the citizen’s appeal process, including who will conduct the review and
how a review will be requested.
Diversity, inclusion and interaction with minorities – Bozeman
Police Department
1. Training
This item will be an ongoing effort by the Bozeman Police Department to explore additional training
opportunities on topics including recognizing implicit bias, anti-racial profiling and Bias-Free policing.
Training Date Completed Length # Staff
Trained
Comments
Implicit Bias November 2020 2.5 hours 64 (all
officers)
Officers completed an online course
intended to help them understand
how implicit bias impacts actions and
decisions. The course examined the
relationship between unconscious and
implicit bias, addressed illicit bias and
how it affects decision making, and
discussed the importance of
communicating effectively.
Implicit Bias and
Microaggressions
November, 2021 3 hours 5 officers Officer attended a workshop at MSU,
during which they gained an
understanding of the cycle of
oppression, implicit bias and
microagressions. The workshop
provided an opportunity for self-
reflection and an opportunity to
develop skills regarding how to
respond to microagressions.
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3. Broaden Community Outreach Events
The Department continues to conduct community outreach through events like Coffee with a Cop, National
Night Out, Catapalooza, a new event focused on engaging kids called Ice Cream with a Cop. One new way that
the Police Department is supporting community events and outreach is through sponsorship of the American
Indian Council’s pow-wow earlier this year.
Use of Force
1. Training
This item will be an ongoing effort by the Bozeman Police Department to incorporate more communication and
de-escalation, scenario-based, in-service trainings for officers. Staff will also evaluate and consider additional
training programs on topics that include communication, de-escalation, intervention, recognizing force
mitigation opportunities, use of force decision-making and more.
Training Date Completed Length # Staff
Trained
Comments
Decision Making November 2020 2 hours 64 (all
officers)
Officers attended a training regarding
making good decisions during critical
incidents. This training included the science
behind why poor decisions are sometimes
made, the inherent “fight or flight” response
and how to overcome it, and how to remain
calm and think critically during high-stress
incidents.
De-escalation,
Intervention, and
Force Mitigation
January 2021 2 hours 62 (all
officers)
Officers completed an online course
focusing on “De-Escalation, Intervention,
and Force Mitigation.” After defining each
term, the training discussed the importance
of focusing on a “guardian” mindset,
described a variety of factors involved in
human interaction, and explored techniques
for lowering emotions to change behavior in
volatile situations.
Situational
Awareness for
Force Usage
Training
May, 2021 2 hours 40 After participating in a live scenario that
obviously required force, officers were
placed in a slightly altered scenario that did
not require force. Scenarios were intended
to train officers to individually assess each
situation, utilize good communication skills,
recognize potential danger versus lethal
danger, and focus on de-escalating
whenever possible.
Force Mitigation September,
2021
2 hours 64 (all) Every year, all officers must certify in a
variety of “less lethal” options, all designed
to mitigate the amount of force used during
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an encounter. During each training cycle,
officers must complete a written or verbal
test, practice with the tool, then complete a
scenario that includes communicating with
the individual in an attempt to avoid force,
then deciding whether that tool is
appropriate for the scenario.
Communication
and De-escalation
October, 2021 3 hours 6 (newly
hired
officers)
As part of their initial training, all new
officers hired this quarter attended a 3 hour
class on communication and verbal de-
escalation tactics. This course includes
examining the topic of “communication”
from both legal and best-practice
perspectives and ways to verbally de-
escalate situations.
Crisis Negotiations
Course
November, 2021 40
hours
3
(officers)
Three current officers attended a 40 hour
course focused on communicating
effectively with those in a variety of crises,
with the common goal always being to avoid
using any type of force to resolve the
situation.
Crisis Negotiations
Conference
November, 2021 16
hours
3
(officers)
Three different current officers attended a
2 day course which included classes on a
variety of crisis negotiations topics. The
conference and all included course again
center on decreasing the need for any force.
De-escalation and
“less lethal” force
scenarios
December, 2021 2 hours 39
(officers)
Officers attended a monthly training which
consisted of three different scenarios, all of
which focused on either de-escalation
tactics or the use of “less lethal” tools.
Use of Force
scenarios
January, 2022
2 hours 40
(officers)
Officers attended a monthly training
focused on barricaded subjects, active
shooters, and hostage situations. Focus was
placed on attempting to avoid any use of
force during each scenario.
Crisis Intervention
Training
February, 2022 40
hours
5
(officers)
Five officers attended the week-long Crisis
Intervention Training program. This
program provides education on a wide
variety of crises and behavior officers may
encounter, including scenarios designed to
test their skills.
Crisis Negotiations
Course
February, 2022 40
hours
1
(officers)
One officer attended a 40 hour course
focused on communicating effectively with
those in a variety of crises, with the
common goal always being to avoid using
any type of force to resolve the situation.
Defensive Tactics
Program Training
March, 2022 2 hours 53
(officers)
Officers attended a second training session
to learn more about the department’s new
defensive tactics program, based on
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grappling techniques to maintain control
rather than strikes.
Communication
and De-escalation
April, 2022 3 hours 4 (newly
hired
officers)
As part of their initial training, all new
officers hired this quarter attended a 3 hour
class on communication and verbal de-
escalation tactics. This course includes
examining the topic of “communication”
from both legal and best-practice
perspectives and ways to verbally de-
escalate situations.
Hiring Practices - Overall
1. Continued efforts to reach our best practices.
Human Resources is making ongoing improvements to hiring and recruitment practices. This includes changes
to the application procedure, adjustments to minimum requirements, and outreach efforts to a variety of
targeted groups.
2. Update Hiring Practices Policy
The Human Resources Department has begun the process to update our existing Hiring Practices Policy. This
work includes an initial review of the City’s existing hiring practices and procedures against generally accepted
best recruitment practices.
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Bozeman as an Inclusive City Report – Actions, Budget, Timeline
Green = Complete
Yellow = In progress or Ongoing
Red = Not yet started
City Manager Recommendations
Based on the review of our existing policies, procedures, training protocols and best practices the City
Manager recommends the following actions:
ACTION ITEM LEAD DEPARTMENT TIMELINE FOR
IMPLEMENTATION
BUDGET (ESTIMATE IF
AVAILABLE, NOTE IF
ALREADY BUDGETED
FOR AND WHAT FISCAL
YEAR)
1. PROVIDE A QUARTERLY PROGRESS
REPORT TO THE CITY COMMISSION
AND INTERESTED STAKEHOLDERS
CITY MANAGER’S
OFFICE
IMMEDIATELY - FIRST
REPORT NOVEMBER
2020
$0
2. IDENTIFY ANTI-DISCRIMINATION,
IMPLICIT BIAS AND SYSTEMIC RACISM
TRAINING FOR ELECTED OFFICIALS
AND DEPARTMENT HEADS
HUMAN
RESOURCES/CITY
MANAGER’S OFFICE
DEVELOP 12-MONTH
TRAINING PROGRAM
BY DECEMBER 2020
$53, 745 (PAID FOR
THROUGH GRANT)
3. DEVELOP A CITY DIVERSITY,
EQUITY AND INCLUSION PLAN TO
ENGAGE STAKEHOLDERS AND
IDENTIFY GAPS COMMUNITY WIDE
AND TO IMPLEMENT POLICIES THAT
HELP ALL PERSONS IN BOZEMAN
THRIVE REGARDLESS OF ECONOMIC,
RACIAL, CULTURAL, OR GENDER
IDENTITY
CITY MANAGER’S
OFFICE
2022-2023 UNKNOWN
4. SPONSOR A DIVERSITY, EQUITY
AND INCLUSION SUMMIT WITH
COMMUNITY PARTNERS SUCH AS
MONTANA STATE UNIVERSITY,
HRDC, AND MONTANA RACIAL
EQUITY PROJECT
CITY MANAGER’S
OFFICE
2021 UNKNOWN
5. ACCELERATE THE
IMPLEMENTATION OF BODY WORN
CAMERAS FOR THE BOZEMAN POLICE
DEPARTMENT
BOZEMAN POLICE
DEPARTMENT
FINAL
IMPLEMENTATION OF
BODY WORN
CAMERAS PLANNED
FOR SUMMER OF
2022.
COSTS HAVE BEEN
SUBMITTED AS PART
OF CIP.
FY22: $140K
FY23: $146K
FY24: $67K
FY25: $67K
FY26: $67K
6. BECOME A MEMBER OF THE
GOVERNMENT ALLIANCE ON RACE
AND EQUITY
CITY MANAGER’S
OFFICE
IMMEDIATELY $1,000 ANNUALLY
73
9
Overall Diversity for the Organization
ACTION ITEM LEAD DEPARTMENT TIMELINE FOR
IMPLEMENTATION
BUDGET (ESTIMATE IF
AVAILABLE, NOTE IF
ALREADY BUDGETED
FOR AND WHAT FISCAL
YEAR)
1. MAKE DIVERSITY A FORMAL
AND HIGH PRIORITY FOR THE
ORGANIZATION
The City will communicate its
commitment to diversity to all
city staff and significantly
increase formal training for
supervisors and employees on
implicit bias. The City will
review and adjust its employee
performance appraisal system
to ensure consistency of
evaluations and non-
discrimination.
CITY MANAGER HOLD ALL CITY STAFF
MEETING AND PASS
ADMINISTRATIVE
ORDER
$0
74
10
Anti-discrimination
ACTION ITEM LEAD DEPARTMENT TIMELINE FOR
IMPLEMENTATION
BUDGET (ESTIMATE IF
AVAILABLE, NOTE IF
ALREADY BUDGETED
FOR AND WHAT FISCAL
YEAR)
1. IMPLEMENT ADDITIONAL
TRAINING FOR ALL CITY STAFF
HUMAN RESOURCES LMS “WORKPLACE
DIVERSITY” DEPLOYED
TO ALL EMPLOYEES BY
DECEMBER.
ESTABLISH A 12
MONTH TRAINING
CALENDAR FOR ALL
EMPLOYEES BY
MARCH 2022
WE HAVE A SYSTEM
WITH THESE TYPES OF
TRAININGS INCLUDED
BUT MAY NEED
FUNDING FOR IN
PERSON TRAINING
The City will consider more
frequent and additional trainings
including trainings on “Inclusion
in the Workplace” and “Implicit
Bias”
2. EMPLOYEE ENGAGEMENT
SURVEYS
HUMAN RESOURCES MOVED TO FY23 FY23 BUDGET
INCLUDES $20K FOR
THE TWO REMAINING
HR INCLUSIVE CITY
ITEMS
The City will engage employees
annually to gauge inclusion and
engagement in the workplace to
measure the success of other
efforts by the City.
3. EMPLOYEE PERFORMANCE
APPRAISAL SYSTEM
HUMAN RESOURCES FY22 $0
The City will review its employee
performance appraisal system
and provide updates with greater
consideration to fairness and
inclusion.
4. REVIEW BEST PRACTICE
RECOMMENDATIONS, INCLUDING
THE THRIVE INDEX AND THE
MUNICIPAL EQUALITY INDEX
HUMAN
RESOURCES/CITY
MANAGER’S OFFICE
INITIAL MEETING
WITH CITY MANAGER
TO REVIEW THESE
PROGRAM ELEMENTS
IN JANUARY 2021
IMPLEMENTATION OF
PAID PARENTAL
LEAVE POLICY,
EFFECTIVE JAN 1,
2022. ADDITIONAL
POLICIES CURRENTLY
IN REVIEW.
$0 FOR INITIAL
REVIEW.
IMPLEMENTING NEW
ELEMENTS MAY
REQUIRE FUNDING.
75
11
The City will review the best
practices of the THRIVE index
and the Human Rights
Campaign’s Municipality Equality
index and consider City policies
that may need additional updates
to meet these best practices.
5. REVIEW HOW THE CITY HANDLES
ANONYMOUS COMPLAINTS (ETHICS
ORDINANCE)
CITY MANAGER’S
OFFICE
2022 $0
The City will review the current
policies within the ethics
ordinance that requires
complainants to give their name
before complaints are given a
complaint investigation status.
The review will consider the
failures of the policy to meet the
needs of the victim and should
be updated to reflect those
needs.
6. EVALUATE DIVERSITY &
INCLUSION ON ADVISORY BOARDS
CITY CLERK’S OFFICE SUMMER 2021 $0
The City will conduct an
evaluation of City Advisory
Boards to determine how or if
the City tracks diversity on these
boards and consider systems that
could be implemented to support
diversity and inclusion in these
spaces.
76
12
Diversity, inclusion and interaction with minorities – Bozeman Police
Department
ACTION ITEM LEAD DEPARTMENT TIMELINE FOR
IMPLEMENTATION
BUDGET (ESTIMATE IF
AVAILABLE, NOTE IF
ALREADY BUDGETED
FOR AND WHAT
FISCAL YEAR)
1. ADD FUTURE TRAININGS POLICE DEPARTMENT
The Bozeman Police
Department will explore
additional training opportunities
on topics including recognizing
implicit bias, anti-racial
profiling, and Bias-Free
Policing.
IMPLICIT BIAS TRAINING
(ONLINE) (2.5 HR)
NOVEMBER
2020
$3,400
IMPLICIT BIAS AND MICRO
AGGRESSIONS
NOVEMBER,
2021
NO COST –
SPONSORED BY MSU
2. AUGMENT EXISTING POLICIES
AND UPDATE TO “BIAS-FREE
POLICING”
POLICE DEPARTMENT
The Bozeman Police
Department will review its
existing policies against the
model policy of “Bias-Free
Policing” and update existing
policies where necessary to be
in line with this national best
practice.
COMPLETED AND
TRAINING
IMPLEMENTED
$0
3. BROADEN COMMUNITY
OUTREACH EVENTS
The Bozeman Police
Department will give continued
consideration to broadening
community outreach events to
interact with more Montana
State University groups as well
as other community groups.
POLICE DEPARTMENT SUMMER 2022 $2000
77
13
Hiring Practices - Overall
ACTION ITEM LEAD DEPARTMENT TIMELINE FOR
IMPLEMENTATION
BUDGET (ESTIMATE IF
AVAILABLE, NOTE IF
ALREADY BUDGETED
FOR AND WHAT FISCAL
YEAR)
1. CONTINUED EFFORTS TO REACH
OUR BEST PRACTICES
The City will continue to evaluate
and improve its efforts to achieve
our best practices in hiring and
recruitment. This includes
improving our results for
candidates and evaluating the
impacts of turnover.
HUMAN RESOURCES HUMAN RESOURCES
IS MAKING
ONGOING
IMPROVEMENTS TO
HIRING AND
RECRUITMENT
PRACTICES. THIS
INCLUDES CHANGES
TO THE APPLICATION
PROCEDURE,
ADJUSTMENTS TO
MINIMUM
REQUIREMENTS,
AND OUTREACH
EFFORTS TO A
VARIETY OF
TARGETED GROUPS.
MAY NEED MINIMAL
AMOUNTS FOR JOB
POSTINGS TO NICHE
GROUPS.
2. UPDATE HIRING PRACTICES
POLICY
HUMAN RESOURCES 2022 $0
The City will update the hiring
practices manual to reflect current
practices and further efforts for
diversity. The City will also train
supervisors to the hiring practices
and hold supervisors accountable
for not following hiring practices.
3. REVIEW AND UPDATE THE
LANGUAGE AND IMAGES USED FOR
ADVERTISING POSITIONS
HUMAN RESOURCES 2023 FY23 BUDGET
INCLUDES $20K FOR
THE TWO REMAINING
HR INCLUSIVE CITY
ITEMS
The City will review the language
and images used for recruiting and
advertising open city positions to
specialized groups. Language and
images should take into
consideration literal and visual
differences in varied applicant
pools.
WORK WITH A
CONSULT TO
DEVELOP NEW
VISUAL AND
WRITTEN MATERIALS
78
14
Use of Force
ACTION ITEM LEAD DEPARTMENT TIMELINE FOR
IMPLEMENTATION
BUDGET (ESTIMATE IF
AVAILABLE, NOTE IF
ALREADY BUDGETED
FOR AND WHAT FISCAL
YEAR)
1. POLICY CHANGES
The Bozeman Police
Department will make revisions
to the current BPD policy and
provide additional policy
direction concerning de-
escalation and use of force.
These updates hope to address
community concerns and
provide clarity for officers.
POLICE DEPARTMENT COMPLETE AND
TRAINING
IMPLEMENTED
$0
2. FUTURE TRAININGS POLICE DEPARTMENT
The Bozeman Police Department
will incorporate more
communication and de-escalation
scenario-based in-service
trainings for officers. They will
also evaluate and consider
additional training programs on
topics that include
communication, de-escalation,
intervention, recognizing force
mitigation opportunities, use of
force decision-making, and
others.
DECISION MAKING (IN
PERSON FOR
OFFICERS) (2 HR)
NOVEMBER 2020 $0
DE-ESCALATION AND
FORCE MITIGATION
(ONLINE FOR ALL
OFFICERS) (2 HR)
FALL 2020 $3,400
DE-ESCALATION
SCENARIOS (IN
PERSON FOR
OFFICERS) (2 HR)
MAY, 2021 $0
FORCE MITIGATION SEPTEMBER, 2021 $0
79
15
COMMUNICATION
AND DE-ESCALATION
OCTOBER, 2021 $0
CRISIS NEGOTIATIONS NOVEMBER, 2021 $687 IN CURRENT
BUDGET
DE-ESCALATION AND
“LESS LETHAL” FORCE
SCENARIOS
DECEMBER, 2021 $0
USE OF FORCE
SCENARIOS
JANUARY, 2022 $0
CRISIS INTERVENTION
TRAINING
FEBRUARY, 2022 $625
CRISIS NEGOTIATIONS
COURSE
FEBRUARY, 2022 $229
DEFENSIVE TACTICS
TRAINING
MARCH, 2022 $0
COMMUNICATION
AND DE-ESCALATION
APRIL, 2022 $0
80
16
Citizen Appeal Process – Bozeman Police Department
ACTION ITEM LEAD DEPARTMENT TIMELINE FOR
IMPLEMENTATION
BUDGET (ESTIMATE IF
AVAILABLE, NOTE IF
ALREADY BUDGETED
FOR AND WHAT FISCAL
YEAR)
1. CREATE A STAND-ALONE CITIZEN
COMPLAINT POLICY
The Bozeman Police Department
will create a stand-alone Citizen
Complaint Policy that will be
available on the City’s website
with clear instructions on how to
file a complaint, the complaint
investigation process, timeline for
response, and steps for further
engagement after an outcome
has been determined.
POLICE DEPARTMENT SPRING 2021 $0
2. CLEARLY DISTINGUISH INQUIRIES
FROM COMPLAINTS
The Bozeman Police Department
will create a process, including
defining the terms “inquiry” and
“complaint” to clearly distinguish
inquiries from complaints
requiring an investigation and
create a system for documenting
inquiries.
POLICE DEPARTMENT SPRING 2021 $0
3. REFINE THE COMPLAINT
INVESTIGATIVE PROCESS
The Bozeman Police Department
will review and update the
Complaint Investigative Process
to establish a clear timeframe for
notification and follow-up within
24 hours with a complainant.
POLICE DEPARTMENT SPRING 2021 $0
The Bozeman Police Department
will also explore options for
developing an appeal process for
citizens that are unsatisfied with
the outcome of a complaint
investigation.
POLICE DEPARTMENT SUMMER 2022 $0
81
Memorandum
REPORT TO:City Commission
FROM:Greg Sullivan, City Attorney
Tim Cooper, Assistant City Attorney
Jeff Mihelich, City Manager
SUBJECT:Resolution 5439 Declaring a Public Welfare Emergency and Authorizing the
Selection of a Responsible Contractor without Competitive, Advertised
Bidding to Complete the Immediate Repair of Damage to the City Swim
Center
MEETING DATE:August 9, 2022
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Adopt Commission Resolution No. 5439 declaring a public welfare
emergency and authorizing the selection of a responsible contractor without
competitive, advertised bidding to complete the immediate repair of
damage to the city swim center
STRATEGIC PLAN:3.4 Active Recreation: Facilitate and promote recreational opportunities and
active health programs and facilities.
BACKGROUND:
The City promotes the public welfare by providing a public indoor aquatics
facility available for use by the Bozeman School District, various swim clubs,
and the general public. The swim center was deemed structurally unsafe for
occupancy in May, 2022. The loss of access to the swim center precludes
children swim lessons, educational courses in water and boater safety,
training for competitive athletes, and exercise and recreational opportunities
important to the general public. It is necessary to continue working with the
City’s consulting engineer for construction services and select a contractor to
complete the immediate repair of the facility. As a general proposition
statutory or regulatory requirements with respect to bidding on public
contracts cannot be waived. Among the instances in which Montana law
expressly allows a local government the discretion to dispense with the
requirement that bids be taken on public building and construction contracts
occurs in the case of emergencies. Where a sudden and unexpected event
transpires which necessitates that a building or construction project be
completed quickly, local governments may dispense with bidding
requirements.
UNRESOLVED ISSUES:None identified
82
ALTERNATIVES:As suggested by the City Commission
FISCAL EFFECTS:To be determined
Attachments:
Resolution 5439.docx
Report compiled on: July 28, 2022
83
Version April 2020
RESOLUTION 5439
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING A PUBLIC WELFARE EMERGENCY AND AUTHORIZING
THE SELECTION OF A RESPONSIBLE CONTRACTOR WITHOUT COMPETITIVE,
ADVERTISED BIDDING TO COMPLETE THE IMMEDIATE REPAIR OF DAMAGE
TO THE CITY SWIM CENTER
WHEREAS,it is the intent and purpose of the City Commission of the City of Bozeman
to protect and preserve the health, safety, and public welfare of the City of Bozeman;
WHEREAS,the Public Welfare is a term of broad scope and may embrace promoting the
economy, prosperity and convenience of the community, safeguarding financial security and
property values in the community, and preserving the attractiveness of the community;
WHEREAS,the City promotes the public welfare by providing a public indoor aquatics
facility available for use by the Bozeman School District, various swim clubs, and the general
public. This singular facility is the only indoor swim center opportunity offered to the community,
and averages 1,200 visits per week;
WHEREAS,the swim center was deemed structurally unsafe for occupancy in May, 2022.
The loss of access to the swim center precludes children swim lessons, educational courses in
water and boater safety, training for competitive athletes, and exercise and recreational
opportunities important to the general public;
WHEREAS,the City Commission seeks to avoid the lack of any public aquatics facilities
available to the public to learn to swim, to exercise, and recreate for safety, physical, and health
benefits;
WHEREAS,the City Commission determines that a safe and functioning public aquatic
facility is necessary to ensure equity and access to all residents and promote public health, public
safety and general welfare.
84
Version April 2020
WHEREAS,the City Commission of the City of Bozeman hereby finds that an emergency
exists requiring passage of this Resolution authorizing the selection of a responsible contractor
without competitive, advertised bidding to complete the immediate repair of damage to and the re-
opening of, the city swim center; and
WHEREAS,the City Commission has power and authority to pass this emergency
Resolution under its Charter and the laws of the State of Montana;
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, to wit:
Section 1.The City Commission of the City of Bozeman hereby finds and determines the
recitals made in the preamble of this Resolution are true and correct and hereby incorporate such
recitals here in the body of this Resolution as if reproduced in their entirety.
Section 2.That the City Commission of the City of Bozeman hereby finds that an
emergency exists and that the immediate operation of this Resolution is necessary for the
preservation of the public health, public safety, and general welfare. An emergency is hereby
declared, and this Resolution is effective immediately.
Section 3. Competitive, advertised bidding and solicitation for the immediate repair of the
Swim Center would be impractical and increase the likelihood of further harm.
Section 4. For the purpose of selecting a contractor to complete the necessary repair to the
Swim Center, the City of Bozeman shall not be required to conduct competitive, advertised bidding
and the City Manager is accordingly authorized to sign an amendment to the existing engineering
services contract and enter into a construction contract to perform such services.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the _____ day of ________, 20____.
___________________________________
CYNTHIA L. ANDRUS
Mayor
85
Version April 2020
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
86
Memorandum
REPORT TO:City Commission
FROM:Bernie Massey, Assistant Treasurer
Laurae Clark, Treasurer
Rachel Harlow-Schalk, Interim Finance Director
SUBJECT:Resolution 5406 Establishing Tree Maintenance District Assessments for
FY2023
MEETING DATE:August 9, 2022
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Adopt Commission Resolution No. 5406 / establishing a Tree Maintenance
District Assessments for FY2023, making the assessment rate $0.003914 per
assessable square foot.
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 item was continued from August 2, 2022. The City Manager’s
Recommended Budget includes a 6% increase in Tree Maintenance
Assessments for the current fiscal year.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission
FISCAL EFFECTS:The Tree Maintenance District Assessment rate will increase by 6% over last
year’s rate, resulting in the following:
Total Tree Maintenance Assessments Collected, est.
$903,992.09
Total Increased Dollars (6%) to Tree Maintenance District Fund, est.
$51,207.94
Annual Assessment, Average Residential Lot (7,500 sq ft)
$29.36
Annual Increase (6%), Average Residential Lot (7,500 sq ft)
$1.67
Annual Assessment, Maximum Residential Lot (15,000 sq ft)
$58.71
Annual Increase (6%), Maximum Residential Lot (15,000 sq ft)
$3.33
87
Attachments:
Resolution 5406 Tree Mtc Assessments FY23.docx
Report compiled on: July 19, 2022
88
Page 1 of 5
RESOLUTION NO. 5406
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL
YEAR 2023 UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF
GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE
INCURRED IN THE CITY-WIDE TREE MAINTENANCE DISTRICT IN THE CITY OF
BOZEMAN AND TO EXTEND THE BOUNDARIES OF SAID DISTRICT TO
ENCOMPASS ANNEXED PROPERTIES.
WHEREAS, the City Commission of the City of Bozeman did on the 16th day of July
1990, following notice and public hearing, regularly pass Commission Resolution No. 2804
entitled:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, CREATING A CITY-WIDE MAINTENANCE DISTRICT FOR THE
PURPOSE OF PLANTING AND MAINTAINING TREES IN ALL PUBLIC PLACES,
RIGHTS-OF-WAYS AND PARKS.
Which Commission Resolution No. 2804 provides the basis and method of assessing the cost
against property herein assessed; and
WHEREAS, Commission Resolution No. 2804 further provides that said special
assessments shall be made, levied, and collected in the same manner as are other special
assessments and levies of the City of Bozeman; and
89
Resolution No. 5406, Tree Maintenance Assessments, FY21
Page 2 of 5
WHEREAS, Section 7-12-4179, Montana Code Annotated, allows the district boundaries
to be changed by resolution; and
WHEREAS, the district boundaries are the city corporate limits, to include all annexed
property as of the date of this resolution, excluding Story Hills; and
WHEREAS, to defray the costs of tree maintenance for the coming assessment year, the
Commission must now establish an assessment to be levied for said services.
NOW THEREFORE, pursuant to the provisions of said Commission Resolution No.
2804 and the laws of the State of Montana,
BE IT RESOLVED AND IT IS HEREBY ORDERED BY THE COMMISSION OF
THE CITY OF BOZEMAN, STATE OF MONTANA:
Section 1
To defray the estimated cost and expense of planting and maintaining trees in all public places,
rights-of-way and parks located within the maintenance district, which is hereby extended to
include the city’s corporate limits existing as of the date of this resolution, excluding Story Hills,
for Fiscal Year 2023, there is hereby levied and assessed against the assessable area of the several
lots, pieces and parcels of land benefited by the maintenance district within the City of Bozeman
as set forth in Schedule A, attached hereto and by this reference made a part hereof, which
describes each lot or parcel of land with the name of the owner and/or owners, if known, and the
amount assessed against the same. The said sums shall be paid and the collection thereof be made
in the manner and in accordance with Commission Resolution No. 2804 of the City of Bozeman,
Montana, and the laws of the State of Montana governing the collection of maintenance district
assessments. Failure to pay such assessment when the same shall become due and payable shall
make such persons and such lots and parcels of land liable to the penalties provided by law relative
to delinquent taxes and assessments. The November assessments shall become delinquent at 5:01
90
Resolution No. 5406, Tree Maintenance Assessments, FY21
Page 3 of 5
p.m. on November 30, 2022, and the May assessments shall become delinquent at 5:01 p.m. on
May 31, 2023.
Section 2
The assessment basis and method of assessing the costs of the maintenance district against property
herein assessed shall be as specified in Resolution No. 2804, which is hereby incorporated by this
reference and made a part of this Resolution.
Section 3
The per-square-foot assessment rate in said maintenance district shall be 0.003914, per square foot
of actual lot area, with a limit on the maximum square footage assessed for zones listed below.
For non-conforming residences located in business and manufacturingzoning districts without any
business or manufacturing use attached, there shall be a maximum of 15,000 square feet assessed.
The minimum annual assessment will be $3.50.
Zoning Maximum assessment square footage (Cap)
R-1 15,000 sq ft
R-2 15,000 sq ft
R-3 15,000 sq ft
R-4 15,000 sq ft
R-5 15,000 sq ft
RMH 8,250 sq ft/unit
RS 15,000 sq ft
RO No Cap on developed parcels.
Cap of 15,000 square ft on undeveloped (parcels that
have no structures and have not received subdivision
review.)
PLI (including MSU,
Schools, Govt,
Hospital, & Public
Owned property)
25% of total sq ft
REMU No Cap on developed parcels
91
Resolution No. 5406, Tree Maintenance Assessments, FY21
Page 4 of 5
Cap of 15,000 square ft on undeveloped (parcels that
have no structures and have not received subdivision
review.)
All Business Zones No Cap on developed parcels
Cap of 15,000 square ft on undeveloped (parcels that
have no structures and have not received subdivision
review.)
All Manufacturing
Zones
No Cap on developed parcels
Cap of 15,000 square ft on undeveloped (parcels that
have no structures and have not received subdivision
review.)
Section 4
This assessment shall be levied for the fiscal year of July 1, 2022 through June 30, 2023, and be
billed in October 2022 as are all other special assessments. Any condominium and/or subdivision
of land recorded on or before September 30, 2022 is subject to assessment for Fiscal Year 2023.
Section 5
The regular session of the Commission of the City of Bozeman, Montana to be held at City Hall,
121 N Rouse Ave, Bozeman, Montana, on the 2nd day of August 2022 at 6:00 p.m., and the same
is hereby designated as the time and place at which objections to the final adoption of the
Resolution will be heard by said Commission.
Section 6
The City Clerk of the City of Bozeman, did publish in the Bozeman Daily Chronicle a Notice
signed by the City Clerk, stating that a Resolution levying and assessing a special assessment to
defray the cost and expense of planting and maintaining trees in all public places, rights-of-way
and parks located within the City’s corporate limits for the Fiscal Year 2023, against the property
on which such service was rendered, is on file in the office of the City Clerk and subject to
92
Resolution No. 5406, Tree Maintenance Assessments, FY21
Page 5 of 5
inspection. Said notice states the time and place at which objections will be heard by the
Commission to the final adoption of the Resolution. The final publication of said Notice was
published at least five (5) days before the date set by the Commission for hearing objections and
final adoption of this Resolution.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana at a regular session thereof held on the 2nd day of August 2022.
____________________________
CYNTHIA ANDRUS
Mayor
ATTEST:
_________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
____________________________________
GREG SULLIVAN
City Attorney
93
Memorandum
REPORT TO:City Commission
FROM:Lynn Hyde, Development Review Planner
Brian Krueger, Development Review Manager
Anna Bentley, Community Development Interim Director
SUBJECT:Public Hearing for University Crossing Site Plan and Conditional Use Permit
(CUP) to Allow Ground Floor Residential within the Community Business (B-
2) Zoning District, Application 21327
MEETING DATE:August 9, 2022
AGENDA ITEM TYPE:Community Development - Quasi-Judicial
RECOMMENDATION:Having reviewed and considered the application materials, public comment,
and all the information presented, I hereby adopt the findings presenting in
the staff report for application 21327 and move to approve the University
Crossing Conditional Use Permit subject to conditions and all applicable code
provisions.
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:This application is proposing two, three story apartment buildings, totaling
59 units in the B-2 zoning district.
The Applicant has requested one departure for light and air access and
privacy along side and rear property lines pursuant 38.520.030.C. Refer to
the 7b in the Staff Report for additional discussion. Due to the large volume
of files, not all elevations or graphics are provided as attachments, instead
please navigate to view all submitted documents. See link below.
In order to allow apartments with ground floor residential within the B-2
zoning district, a Conditional Use Permit (CUP) is required which requires a
public hearing. The City Commission is reviewing and providing a decision on
the CUP portion of the project. The Community Development Board, acting
in their capacity as the Design Review Board, reviewed and provided a
recommendation on the Site Plan for this project on August 1. The Site Plan
approval is contingent upon a favorable recommendation on the CUP from
the City Commission.
To view all submitted documents, navigate here,
94
https://weblink.bozeman.net/WebLink/Browse.aspx?
id=136921&dbid=0&repo=BOZEMAN&cr=1, then navigate to Planning
Project 21327.
UNRESOLVED ISSUES:There are no identified unresolved issues at this time. As is standard, there
will be conditions of approval prior to final site plan approval.
ALTERNATIVES:1. Approve the application with modifications to the recommended
conditions and modifications to the report findings.
2. Deny the application based on the City Commission's findings of non-
compliance with the applicable criteria contained within the staff report; or
3. Open and continue the review on the application with the concurrence of
the applicant, with specific direction to staff or the applicant to supply
additional information or to address specific items.
FISCAL EFFECTS:Fiscal impacts are undetermined at this time, but will include increased
property tax revenues from new development, along with increased costs to
deliver municipal services to the property. Impact fees will be collected at
the time of issuance of building permits for individual developments along
with City sewer and water connection fees.
Attachments:
University Crossing SP & CUP_CC Final.pdf
21327 Conditions for Recordation DRAFT.pdf
01 Development Review Application SIGNED.pdf
02 Narrative.pdf
00 A0-0 - COVER.pdf
02AC2.1 - ARCHITECTURAL SITE PLAN.pdf
17 L101 - OVERALL LANDSCAPE PLAN.pdf
23 N-A2-1 - 2ND FLOOR PLAN.pdf
24 N-A2-2 - 3RD FLOOR PLAN.pdf
25 N-A3-0 - BUILDING ELEVATIONS.pdf
22 N-A2-0 - 1ST FLOOR PLAN.pdf
30 S-A2-1 - 2ND FLOOR PLAN.pdf
31 S-A2-2 - 3RD FLOOR PLAN.pdf
32 S-A3-0 - BUILDING ELEVATIONS.pdf
29 S-A2-0 - 1ST FLOOR PLAN.pdf
Report compiled on: July 28, 2022
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Application No. 21327 Type Site Plan (SP) and Conditional Use Permit (CUP)
Project Name University Crossing SP & CUP
Summary This project contains two, three story buildings with 59 one-bedroom apartments between the two buildings and associated parking, open space, and infrastructure. In order to allow apartments with ground floor residential in the B-2 zoning district, a Conditional Use Permit (CUP) is required. The City Commission will be reviewing the CUP on August 9th. The Applicant has requested one departure for light and air access and privacy along the side and rear property lines pursuant 38.520.030.C. Zoning B-2, Community Business
Growth Policy Community Commercial Mixed Use Parcel Size 1.56 acres
Overlay District(s) None
Street Address 2025 W. Kagy Boulevard
Legal Description Minor Sub 503A, S14, T02 S, R05 E, Lot 1A
Owner 19th Capital Group LLC, 19 Lariat Loop, Bozeman MT 59715
Applicant Thomas Brown, Locati Architects, 1007 East Main St., Suite 101, Bozeman, MT 59715
Representative Thomas Brown, Locati Architects, 1007 East Main St., Suite 101, Bozeman, MT 59715
Staff Planner Lynn Hyde Engineer Cody Flammond
Noticing Public Comment Period Site Posted Adjacent Owners
Newspaper Legal Ad
07/24/2022 – 08/09/2022 07/24/2022 07/24/2022 07/24/2022 08/31/2022
Advisory Boards Board Date Recommendation
Development Review Committee 9/8/2021 The application is adequate, conforms to standards, and is sufficient for approval with conditions and code provisions
Design Review Board 08/01/2022 TBD
Recommendation The application is adequate, conforms to standards, and is sufficient for approval with conditions and code provisions as noted below.
Decision Authority Director of Community Development Date
Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715
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CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this report. Any additional conditions of approval and code corrections that are required will be included with the final report provided to the Director of Community Development
1. The applicant is advised that unmet cod provisions, or code provisions that are not specifically listed as conditions of
approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman
Municipal Code.
2. The Site Plan approval is contingent upon the approval of the CUP and proper recordation of the CUP documents
with the County Clerk and Recorder.
3. Applicant must file with the County Clerk and Recorder’s office executed Waivers of Right to Protect Creation of
Special Improvement District (SIDs) on City standard record form prior to final site plan approval.
4. Signed hard copies of all required easement must be submitted to the City prior to final site plan approval.
CODE REQUIREMENTS
1. The Applicant must pay the Cash-in-lieu of Water Rights (CILWR) prior to site plan approval. The CILWR is estimated
to be $43,896.
2. The applicant is required to provide the Improvements in lieu of Parks (IILP) prior to Certificate of Occupancy, or
secured by an Improvements Agreement pursuant BMC 38.270.040.
3. Pursuant BMC 38.270.030.C.1 To receive building permit approvals, prior to completion of the public infrastructure
improvements associated with the development, the applicant must follow BMC 38.270.030.C.1 options b and c.
including but not limited to: 1) A signed irrevocable offer of dedication must be delivered to the Engineering Division;
2) Approval from the Fire Department to concurrently construct the infrastructure and private development. This
approval must be sent to the Engineering Division; and 3) Infrastructure approval must be provided by the City
Engineering Division and the State.
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Figure 1: Current Zoning Map
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Figure 2: Land Use Map
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Figure 3: Existing Lot Layout (Lot 1A Site)
Figure 3: Proposed site plan
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Figures 4-6: Material Board & Colored Elevations
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ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards,
plans, public comment, and all other materials available during the review period. Collectively this information is the record
of the review. The analysis in this report is a summary of the completed review.
Plan Review, Section 38.230.100, BMC
In considering applications for plan approval under this title, the Director of Community Development shall consider the
following:
1. Conformance with Article 1 - Consistency with the City’s adopted Growth Policy 38.100.040.D Meets Code?
Growth Policy Land Use Community Commercial Mixed Use (CCMU) Yes
Zoning Community Business District (B-2) Yes Comments: Growth Policy: Community Commercial Mixed Use: The Community Commercial Mixed Use category promotes commercial areas necessary for economic health and vibrancy. This includes professional and personal services, retail, education, health services, offices, public administration and tourism establishments. Density is expected to be higher than it is currently in most commercial areas in Bozeman and should include multi-story buildings. Residences on upper floors, in appropriate circumstances, are encouraged. The proposal supports the goal of higher density and upper floor residential contemplated by the CCMU land use designation. While there is no commercial proposed, the apartments are part of a larger site that has existing commercial services with more proposed in future phases. Zoning District: Community Business District: The Community Business district (B-2)’s intent is to provide for a broad range of mutually supportive retail and service functions located in clustered areas bordered on one or more sides by limited access arterial streets. Multi-household dwellings, townhouses, and apartments are allowed as a secondary use due to their complementary nature and ability to enhance the walkability of the districts. The proposed use supports the goal of multi-household dwellings close to retail and service functions. While the Site Plan is proposing apartments with ground floor residential as the primary use, the proposed apartments share a drive access and pedestrian pathways with existing and proposed commercial services which supports the intent of the B-2 zoning district. 2. Conformance with Article 1 - All other applicable laws, ordinances, and regulations (38.100.080)
Condominium ownership NA Comments: Condominiums are not proposed at this time.
3. Conformance with Article 2, including the cessation of any current violations (38.200.160) Meets Code?
Current Violations NA
Comments: There are no current violations associate with this property or development
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4. Conformance with Article 2 - Submittal material (38.220) requirements and plan review for applicable permit types (38.230) Meets Code?
Site Plan Yes, with standard conditions. Submittal requirements 38.220.100 Yes Phasing of development 38.230.020.B No. of phases:0 NA No phasing is proposed. The application meets the Site Plan requirements with conditions and cod requirements applied. Any additional use permit (Conditional Use Permit) 38.230.120 or (Special use Permit) 38.230.120 Yes, with Condition Comments: A Conditional Use Permit (CUP) is required for ground floor residential in the B-2 zoning district. See Section 11 for additional discussion on the review of the CUP. The Site Plan approval is contingent upon the approval of the CUP and proper recordation of the CUP documents with the County Clerk and Recorder. 5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code?
Permitted uses 38.310 Use: Apartments Yes, with CUP Form and intensity standards 38.320 Zoning: B-2 Setbacks (feet) Required
Structures Proposed
Parking / Loading Yes
Front: NA Defer to block frontage ----
Rear: 10’ 10’ 10’ Side: 5’ 20’ 8’ Alley: 5’ NA – no alley present. Comments: Apartments are a permitted use in the B-2 Zoning District through a Conditional Use Permit (CUP). The CUP will be reviewed by the City Commission on August 9th with the Site Plan approval contingent upon a positive decision from the City Commission. The project meets applicable building setbacks. Refer to block frontage discussion in Section 7a for front setbacks.
Lot coverage Allowed: NA in B-2 Proposed: NA NA
Building height Allowed: <3:12 – 50’ >3:12 – 60’
Proposed: 48’,7” & 47’,2” Yes
Comments: The proposal is consistent with the lot coverage and building heights.
Applicable zone specific or overlay standards 38.330-40 NA Comments: The project does not fall within a historic district, nor overlay district. General land use standards and requirements 38.350 Yes Comments: The proposal meets all applicable land use standards and requirements. Applicable supplemental use criteria 38.360 NA Supplemental uses/type NA NA
Comments: There are no supplemental use criteria applicable to this proposal.
Wireless facilities 38.370 NA Affordable Housing 38.380.010 NA
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Affordable housing plan NA Comments: Affordable housing is not required, nor is it being proposed.
6a. Conformance with Article 4 - Community Design Provisions: Transportation Facilities and Access (38.400) Meets Code?
Streets 38.400.010 Yes Street and road dedication 38.400.020 Yes Access easements Yes Level of Service 38.400.060 Transportation grid adequate to serve site Yes
Comments: Project proposes to dedicate 15’ public street and utility easement to the City of Bozeman along the northern property line for Kagy Blvd. Access is legally provided by a public access easement on the adjacent master site plan. Sidewalks 38.400.080 Yes Comments: New sidewalks are proposed along Kagy Boulevard that will connect to S 19th Avenue.
Drive access 38.400.090 Access to site: 1 full access & a 2nd emergency access Yes
Fire lanes, curbs, signage and striping Yes Comments: The site has primary access from Kagy Boulevard to the north. In addition, there is emergency access provided via a gated drive from S 19th Ave through the adjacent commercial site to the east. Street vision triangle 38.400.100 Yes Transportation pathways 38.400.110 Yes Pedestrian access easements for shared use pathways and similar transportation facilities NA
Public transportation 38.400.120 NA Comments: Street vision triangles have been reviewed and are adequate with no obstructions proposed within the triangles.
6b. Conformance with Article 4 – Community Design Provisions: Community Design and Elements (38.410) Meets Code?
Neighborhood centers 38.410.020 NA Comments: Not applicable as it is not a subdivision nor greater than ten net acres in size. Lot and block standards 38.410.030-040 NA
Midblock crossing: rights of way for pedestrians alternative block delineation NA
Comments: This project does not trigger lot and block standards
If the development is adjacent to an existing or approved public park or public open space area, have provisions been made in the plan to avoid interfering with public access to and use of that area
NA
Provisions for utilities including efficient public services and utilities 38.410.050-060 Yes Easements (City and public utility rights-of-way etc.) Yes Water, sewer, and stormwater Yes Other utilities (electric, natural gas, communications) Yes CIL of water rights (CILWR) Yes Comments: All required elements of section 38.410 were reviewed and deemed sufficient by the Engineering Department. CILWR is required. A CILWR determination must be finalized and paid prior to final site plan approval.
Municipal infrastructure requirements 38.410.070 Yes
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Comments: Municipal water, sanitary sewer, and storm water system proposed with this project have been reviewed and approved by Engineering Department.
Grading & drainage 38.410.080 Yes Location, design and capacity of stormwater facilities Yes Stormwater maintenance plan Yes Landscaping: native species, curvilinear, 75% live vegetation 38.410.080.H Yes Comments: A combination of onsite surface stormwater detention facilities and offsite underground retention facilities are proposed to treat the stormwater runoff. The stormwater facilities have been reviewed by the Engineering Division and have been found adequate.
Watercourse setback 38.410.100 Yes
Watercourse setback planting plan 38.410.100.2.f Yes
Comments: A wetland is present approximately 30’ to the west of the property. While the wetland is not physically on the site, the wetland setbacks are extended onto the site. A wetland delineation was performed and results prepared by Vaughn Environmental Services. The report describes the wetland as “Seasonal surface water and groundwater provide the hydrology for an historic palustrine wetland located south of Kagy Boulevard. The surface water flow terminates at the south side of Kagy Boulevard although there is a culvert and stormwater channel that continues north on the north side of Kagy. Although the surface water flow is intermittent, the US Army Corps classifies this wetland and stormwater channel as jurisdictional based on the ultimate down gradient connection to a water of the US. The Gallatin Conservation District also classifies the waterway, wetland, and storm water channel as a perennial stream”. The setback for the wetland is 50’ and is broken up into two zones, Zone 1, the inner 30’ or area closest to the wetland and Zone 2’ the outter 20’ or area furthest from the wetland. Proposed Improvements within the setback:
• Zone 1 Watercourse Setback (30’): No impacts are proposed to wetlands.
• Zone 2 Watercourse Setback (20’): Improvements proposed within the zone 2 watercourse setback are consistent with what is allowed per BMC including a portion of a trail and stormwater facilities. A setback planting plan has been provided that meets the provisions of 38.410.100. All disturbed areas have proposed native grasses and clusters of populous tremuloides (quaking aspen) and pinus nigra (black pine). 6c. Conformance with Article 4 – Community Design Provisions: Park and Recreation Requirements (38.420) Meets Code?
Parkland requirements 38.420.020.A 1.65 ac. X 12 units/ac. X 0.03 ac.= 25,875sf or 0.66 acres @2.07 psf = $53,561.25
Yes
Cash donation in lieu (CIL) 38.420.030 NA Improvements in-lieu Yes Comments: The applicant has requested to provide improvements-in-lieu of parks (IILP) at Spanish Peaks Park in the form of a new covered picnic shelter and amenities. The value of the proposed improvements exceed the amount that would be owed if cash in lieu of parks (CILP) was proposed. ($64,179 IILP vs $53,561.25 CILP). Parks Staff concurs with the justification provided by the applicant, thus the request to provide IILP is approved. The applicant is required to provide the IILP prior to Certificate of Occupancy, or can be secured by an Improvements Agreement pursuant to BMC 38.270.040. Refer to Code Requirement 2.
Park Frontage 38.420.060 NA
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Park development 38.420.080 NA Recreation pathways 38.420.110 NA Park/Recreational area design NA Comments: No parks or required parkland are proposed with this application. 7a. Conformance with Article 5 – Project Design: Block Frontage Standards (38.510) Meets Code?
Block frontage classification Kagy – Mixed block frontage Internal – Special Residential Yes
Departure criteria NA NA
Comments: The project meets the block frontage standards with no departures requested. See discussion below. Kagy – Mixed Block Frontage/Landscape (BMC 38.510.030.C)
• A 10’ front setback is required. The project is proposing a setback at approximately 30’.
• Building entrances are visible and accessible from the street with weather protection provided.
• For residential uses, at least 15% of the entire façade is required to be transparent. The northern building, street facing façade proposed 18% transparency thus meeting this requirement.
• Surface parking is required to be limited to no more than 50% of the street frontage. The proposal has approximately 48% of the street frontage as parking which meets this requirement. In addition, the parking has the adequate landscaping screening between the parking and the street frontage.
• Appropriate low level landscaping is proposed between the residential ground floor and the street. Internal – Special Residential (BMC 38.510.030.J)
• Special residential block frontage requires a public/private space transition from the residential units to the internal pedestrian circulation. This project has provided this transition in the form of ground level patios (greater than 6’ deep), two foot high landscaping walls and natural landscaping buffers. 7b. Conformance with Article 5 – Project Design: Site Planning and Design Elements (38.520) Meets Code?
Design and arrangement of the elements of the plan (e.g., buildings, circulation, open space and landscaping, etc.) so that activities are integrated with the organizational scheme of the community, neighborhood, and other approved development and produce an efficient, functionally organized and cohesive development
Yes, with approval of departure by the Director Relationship to adjacent properties 38.520.030 Yes
Non-motorized circulation and design systems to enhance convenience and safety across parking lots and streets, including, but not limited to paving patterns, pathway design, landscaping and lighting 38.520.040
Yes
Comments: Pursuant 38.520.030.C, buildings or portions thereof containing multi-household dwelling units whose only solar access (windows) is from the applicable side of the building (facing towards the side property line) must be set back from the applicable side or rear property lines at least 15 feet. The internal units on the southern building receive their only solar access from the south side of the building facing the property line. (see image below) The southern building is only setback 10’ from the property line, not meeting the required 15’.
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Departures are allowed for this criteria when it is determined that, based on the unique site context, the proposed design does not create a compatibility problem in the near or long term future. Staff supports the departure based on the 50-plus acre property to the south currently proposed for annexation that will have ample space to develop and orient the buildings in a layout compatible with this proposed development. The departure does not create foreseen compatibility issues. Design of vehicular circulation systems to assure that vehicles can move safely and easily both within the site and between properties and activities within the general community 38.520.050
Yes
Internal roadway design 38.520.050.D Yes
Comments: The internal drives meet the municipal code standards. On-site open space 38.520.060 Yes Total required 5,900 sf Yes Total provided 5,900 sf Yes Comments: All multi-household developments must provide minimum usable open space equal to 100 square feet per each one bedroom dwellings. With 59 one bedroom units, the project is required to provide, at a minimum, 5,900 square feet of open space. The project has a private balcony for each unit with dimensions at least 6 feet and greater than 36 square feet which allows it to qualify towards up to 50% of the required open space. The remainder of the open space is located within a centralized shared outdoor open space with a gas fire pit, shared barbeques, and seating. The open space square footage is as follows: 3,000 sf – shared open space 2,900 sf – balconies (3,540 provided however only 50% of required open space can be met by balconies) 5,900 sf – total open space provided Location and design of service areas and mechanical equipment 38.520.070 Yes
Comments: Mechanical equipment is located on a flat roof with a parapet wall screening it. Utility meters are screened with vegetation where visible from the street. The trash enclosures are located for convenient access and are appropriately screened from adjacent public common areas, residential areas, as well as upper story residential uses with the trash enclosures covered on top as well. 7c. Conformance with Article 5 – Project Design: Building Design (38.530) Meets Code?
Compatibility with, and sensitivity to, the immediate environment of the site and the adjacent neighborhoods and other approved development 38.530.030 Yes
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7d. Conformance with Article 5 – Parking (38.540) Meets Code?
Parking requirements 38.540.050 Yes Yes
Parking requirements residential 38.540.050.A.1 1.5/unit = 88.5 required (89 proposed) Reductions residential 38.540.050.A.1.b None Parking requirements nonresidential 38.540.050.A.2 NA
Reductions nonresidential 38.540.050.A.2.c NA Provided off-street 89 Provided on-street 0 provided Bicycle parking 38.540.050.A.4 9 required/ 40 provided outside Yes
Comments: The project has 59 one bedroom units. The Bozeman Municipal Code requires 1.5 parking stalls per one bedroom unit, totaling 88.5 stalls required. The project proposed 89 parking stalls thus meeting the minimum requirement. In addition, bicycle parking must be provided at a ratio of 10% of all parking stalls, totaling 9 required bicycle parking stalls. The project exceeds the minimum with 18 covered outdoor bike parking spaces, 22 uncovered outdoor bike parking spaces, and additional indoor hanging bike storage in each unit (either 1 or 2 spaces inside the unit). No parking reductions have been requested. Loading and unloading area requirements 38.540.080 NA First berth – minimum 70 feet length, 12 feet in width, 14 feet in height NA
Additional berth – minimum 45 feet length NA Comments: NA 7e. Conformance with Article 5 – Landscaping (38.550) Meets Code?
Mandatory landscaping requirements 38.550.050 Yes
Drought tolerant species 75% required Yes Parking lot landscaping Yes Additional screening Yes Street frontage Yes Street median island NA Acceptable landscape materials Yes Protection of landscape areas Yes Irrigation: plan, water source, system type Yes
Residential adjacency NA Comments: The project has been reviewed and found to be in conformance with the landscaping requirements, including, but not limited to, minimum drought tolerant species proposed, parking lot landscaping, street frontage landscaping, and acceptable landscape materials proposed.
Building massing and articulation 38.530.040 Yes Building details, materials, and blank wall treatments 38.530.050-070 Yes Comments: Per BMC38.530.040.B, residential buildings must include articulation features at appropriate intervals relative to the scale of the façade in order to reduce the perceived massing of the building and add visual interest. The proposed buildings use windows, entries, weather protection features, and providing vertical modulation tied to a roofline modulation.
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Landscaping of public lands 38.550.070 Yes Comments: Street trees are proposed along Kagy Boulevard and have been reviewed and approved by the City Forestry Department. 7f. Conformance with Article 5 – Signs (38.560) Meets Code?
Allowed SF/building 38.560.060 NA
Proposed SF/building NA Comments: No signs are proposed with this application. Any future signs will require a building permit and planning review. 7g. Conformance with Article 5 – Lighting (38.560) Meets Code?
Site lighting (supports, cutoff, footcandles, temperature) 38.570.040 Yes Building-mounted lighting (supports, cutoff, footcandles, temperature) 38.570.040.B Yes Comments: All light fixtures meet code.
8. Conformance with Article 6 – Natural Resource Protection Meets Code?
Floodplain regulations 38.600 NA Wetland regulations 38.610 NA Comments: There are no FEMA regulated floodplains nor known wetlands on site. There are wetlands offsite to the west which have been delineated and the buffers shown on the site. Refer to Section 6b for additional discussion. 9. Relevant Comment from Affected Parties (38.220) Meets Code?
Public Comment Yes Comments: The public notice period is set from July 24th to August 9th, 2022 with newspaper legal advertisements July 24th and July 31st. At the date this report was written no public comments had been received. 10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code?
Subdivision exemptions NA Required easements Yes Comments: All required easements must be provided and approved prior to the Final Site Plan approval. See Conditions of Approval 4.
11. Review Criteria for Conditional Use Permits (Section 38.230.110) Meets Code
The site for the proposed use is adequate in size and topography to accommodate such use, and all setbacks, spaces, walls and fences, parking, loading and landscaping are adequate to relate such use with the land and uses in the vicinity.
Yes
Comments: The site is adequate in size and topography for the proposed two apartment buildings. The site is relatively flat without development constraints. There is space for the required parking, open space, and infrastructure. As stated in Section 1, the proposed apartments support the goal of higher density and upper floor residential contemplated by the CCMU land use designation. While there is no commercial use proposed, the apartments are part of a larger site that has existing commercial services with more proposed commercial uses in future phases. The residential use is compatible with adjacent commercial uses, and residential uses to the north and wetland to the west. There were no additional requirements identified to make the apartments more compatible or suitable for the site.
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The proposed use supports Growth Policy goals, including but not limited to: 1. Goal DCD-1: Support urban development within the City. Density at this scale is more typical
development seen in urban-scapes, and is a departure from historic suburban or agricultural communities. 2. Goal DCD-2: Encourage growth throughout the City, while enhancing the pattern of community development oriented on centers of employment and activity. Support an increase in development oriented on centers of employment and activity. Support an increase in development intensity within developed areas. While this proposed development is currently on the edge of the developed areas, existing proposals are in to develop adjacent properties to the west and south, thus surrounding the proposed site with urban development. The intensity of the proposed use is consistent with the Growth Policy goals, and its adjacency to commercial provides the opportunity for living and working or having services within proximity. While the current market is demanding additional housing, in the future, the ground floor could be converted to commercial space. The applicant’s narrative states the ground floors have been designed that should, in the future, a demand for additional commercial space exist, the ground floor can be converted to commercial spaces. 3. DCD-1.10 Support University efforts to attract development near campus and M-1.1 Prioritize mixed-use land use patterns. Encourage and enable the development of housing, jobs, and services in close proximity to one another. The application is not directly associated with the university but is of a housing type that meets needs to university attendees and staff. Being close to the university assists in reduction of travel distances and total vehicle trips.
The proposed use will have no material adverse effect upon the abutting property. Persons objecting to the recommendations of review bodies carry the burden of proof.
Yes
Comments: No evidence of the ground floor residential was found to have negative or adverse effects on abutting properties. There are existing residential neighbors within the vicinity to the north, and commercial services immediately to the west. There are no anticipated conflicts with the existing and proposed users. At the time this report was written no public comment had been received.
Additional conditions stated in the approval are deemed necessary to protect the public health, safety and general welfare. NA
Comments: The Bozeman Municipal Code lists 14 additional criteria to consider when confirming the conditional use permit request approval is protecting the public health, safety and general welfare. No additional conditions were identified as necessary to protect the public health, safety and general welfare in regards to the Conditional Use Permit other than the conditions and code requirements associated with the site plan application. Section 38.300.110 says in part “There is a rebuttable presumption that the uses set forth for each district will be compatible with each other both within the individual districts and to adjoining zoning districts when the standards of this chapter are met and any applicable conditions of approval have been satisfied.” Evaluation of the application, as shown in this report, demonstrates no conflicts between uses or other evidence that the proposed ground floor residential will be incompatible to adjacent uses.
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CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
UNIVERSITY CROSSING SITE PLAN CONDITIONAL USE PERMIT #21327 PAGE 1 OF 3
Inter-office original to:
City of Bozeman
Department of Community Development 20 East Olive Street
CONDITIONS OF APPROVAL FOR A CONDITONAL USE PERMIT
FOR THE UNIVERSITY CROSSING SITE PLAN AT WEST KAGY BOULEVARD AND SOUTH 19TH AVENUE, BOZEMAN, MONTANA WHEREAS, the undersigned property owner acknowledges the receipt of a Conditional
Use Permit to allow ground floor residential within the B-2 zoning district (Community Business District); and WHEREAS, the expansion is to be located on property that is legally described as
Minor Subdivision 503, S14, T02 S, R05 E, Lot 1, Acres 1.56, City of Bozeman, Gallatin
County, Montana; and
WHEREAS, the residential use is to be located on property that is legally zoned as B-2
(Community Business District) zoning district; and WHEREAS, the Conditional Use Permit (CUP) is contained within the City of Bozeman Department of Community Development’s zoning application 21327; and
WHEREAS, the Conditional Use Permit is required for ground floor residential uses as required by the Bozeman Municipal Code BMC 38.310.040.C Permitted residential uses in commercial, mixed-use, and industrial zoning districts; and
WHEREAS, the Conditional Use Permit was approved by the City Commission on
August 09, 2022; and WHEREAS, the Conditional Use Permit application is subject to the following conditions of approval and code provisions:
CONDITIONS OF APPROVAL
1. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other
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CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
UNIVERSITY CROSSING SITE PLAN CONDITIONAL USE PERMIT #21327 PAGE 2 OF 3
relaxation of the lawful requirements of the Bozeman Municipal Code or state law.
Conditional Use Permit Provisions, Bozeman Municipal Code (BMC):
1) Section 38.230.110.F states that the right to a conditional use permit must be contingent upon
the fulfillment of all general and special conditions imposed by the Conditional Use Permit
procedure. All special conditions and code provisions must constitute restrictions running
with the land, shall be binding upon the owner of the land, his successors or assigns, shall be
consented to in writing by the applicant prior to commencement of the use and shall be
recorded as such with the Gallatin County Clerk and Recorder’s Office by the property
owner prior to the final site plan approval or commencement of the use. All of the conditions
and code provisions specifically stated under any conditional use listed in this title shall
apply and be adhered to by the owner of the land, successor or assigns.
2) Section 38.230.110.I describes the process for termination/ revocation of a Conditional Use
Permit approval:
a) Conditional use permits are approved based on an analysis of current local circumstances
and regulatory requirements. Over time these things may change and the use may no
longer be appropriate to a location. A conditional use permit will be considered as
terminated and of no further effect if:
i) After having been commenced, the approved use is not actively conducted on the site
for a period of two continuous calendar years;
ii) Final zoning approval to reuse the property for another principal or conditional use is
granted;
iii) The use or development of the site is not begun within the time limits of the final site
plan approval in Section 38.230.140 BMC.
b) A conditional use which has terminated may be reestablished on a site by either, the
review and approval of a new conditional use permit application, or a determination by
the Planning Director that the local circumstances and regulatory requirements are
essentially the same as at the time of the original approval. A denial of renewal by the
Planning Director may not be appealed. If the Planning Director determines that the
conditional use permit may be renewed on a site then any conditions of approval of the
original conditional use permit are also renewed.
c) If activity begins for which a conditional use permit has been given final approval, all
activities must comply with any conditions of approval or code requirements. Should
there be a failure to maintain compliance the City may revoke the approval through the
procedures outlined in Section 38.200.160, BMC
114
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
UNIVERSITY CROSSING SITE PLAN CONDITIONAL USE PERMIT #21327 PAGE 3 OF 3
NOW, THEREFORE, BE IT HEREBY KNOWN, that the above-noted conditions of
approval and code provisions for the Conditional Use Permit shall be binding upon the undersigned owner of the subject property, and successors or assigns, as long as the use remains at the property legally described as Minor Subdivision 503, S14, T02 S, R05 E, Lot 1, Acres 1.56, City of Bozeman, Gallatin County, Montana.
DATED THIS _________ DAY OF _____________________, 2022. LANDOWNER
_______________________________________
[Name of Corporation or Entity]
By: _________________________________ Title: _________________________________ STATE OF ____________ ) :ss COUNTY OF __________ )
On this ________ day of ____________________, 2022, before me, the undersigned, a Notary Public for the State of ____________________, personally appeared _____________________________, known to me to be the landowner that executed the within instrument, and acknowledged to me that they executed the same for and on behalf of landowner.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written.
(SEAL) _________________________________________
(Printed Name Here)
Notary Public for the State of _________________
Residing at _______________________________
My Commission Expires:____________________
(Use 4 digits for expiration year)
115
116
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Narrative - Page 1 of 10
|UNIVERSITY CROSSING|
S. 19th Ave & Kagy Blvd
Bozeman, Montana
(concurrent with CUP ground level residences)
(concurrent with Z13174 Site Plan MOD)
(concurrent with Annexation #21152)
Project Narrative
The proposed buildings have apartments on all three levels. This project is requesting a CUP for
conditionally allowing main level residential units. The proposed buildings have residential uses
on the main level, however the buildings will be designed so the main level represents a more
commercial appearance on the ends of the buildings that face the streets and constructed with a
higher second floor level floor is may easily be converted to commercial uses in the future.
Site plan with CUP for residential on main level. Lot 1A, Minor Subdivision 503A property located
near S. 19th Ave and Kagy Blvd is planned to be developed with (2) three story buildings. North
Building approx. 21,280 sq. ft. SF, South Building approx. 28,410 SF containing 59 one-bedroom
apartments. The site is located in the community commercial designation area and zoned B-2.
Departures/Deviation: This project is requesting a deviation to the code. See below city
comments and response to Section 3 – Required Code Corrections BMC 38.520.030.C.
Noticing Checklist: See Documents Folder
Traffic Study: See Documents Folder
CIL of Parkland: We propose Improvements-in-lieu to Spanish Peaks Park. No proposed park
on the site. See AC5.0 Spanish Peaks Park Improvements drawing sheet for proposed
improvements. The type of improvements proposed on the park are focused toward tenant uses.
See bid estimate for improvements is included in the documents folder.
Weed Maintenance Plan: No Weed Maintenance Plan has been provided because we are
developing 100% of the site.
Exempt Wells/ CIL Water Rights: No exempt wells proposed for irrigation. CIL of water rights is
expected to be paid for irrigation needs in addition to building use, see documents folder (CIL of water
rights Memo).
Storm Detention: This project will propose underground storm detention systems. The site is planned
to be filled to raise grade as well
Access Easement: Common Lot access easement will be executed for vehicular access on a shared
property boundary.
Concurrent Construction: See documents folder for CRF and Memo
Phasing: No Phasing Plan has been provided because both buildings will be constructed together
with separate building permits for North and South buildings along with accessory structures.
NCOD: No neighborhood conservation districts
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Narrative - Page 2 of 10
See A0.0 Site Cover for the following:
Zoning
Permitted Use
Maximum Lot Coverage
Maximum Building Height
Block Frontage
Setbacks
Parking Required
Bike Parking
Open Space
Parkland
SITE PLAN SUBMITTAL CITY COMMENTS: (with Applicant comments)
Section 2 – Conditions of Approval & Advisory Comments
Please note that these conditions are in addition to any required code provisions identified in
this report. The following conditions are specific to the development:
1. The applicant is advised that unmet code provisions, or code provisions that are not
specifically listed as conditions of approval, does not, in any way, create a waiver or
other relaxation of the lawful requirements of the Bozeman Municipal Code or state
law.
2. The Site Plan approval cannot be approved until the Crowley Fleck Building Modification
(21321) is approved.
3. Prior to final plan approval, the western property line subdivision annexation and
subdivision exemption must be finalized to ensure applicant has ownership and control
over the entire proposed site limits.
4. The Cash-in-lieu Water Rights (CILWR) contribution must be paid to the City in full prior
to final plan approval.
5. The Development Review Committee reviewed your request for concurrent
construction and is likely in support of this request, however, be advised that in order
for concurrent construction to be approved the requirements within 38.270C.1.c.(1) and
as stated hereafter, must be met: Any required on-site or off-site extensions of water
mains sewer mains, stormwater system, or streets to be dedicated to the public: must be
located entirely within publicly held easements or rights-of-way; must serve only a single lot; are
the subject of an irrevocable offer of dedication to the city upon completion of
the project; the development is under the control of a single developer who must retain
control of the entire project until final completion; all work is under the supervision of a
single general contractor; and no subdivision of land is involved.
Section 3 – Required Code Corrections
Community Development Department, Development Division, Lynn Hyde,
lhyde@bozeman.net, 406-579-1471
1. Site Plan Comments
BMC 38.400.090.C.3.b.(1) Two way drive access must be a minimum of 24
feet and one-way drive access must be a minimum of 16 feet. Confirm you are
meeting these dimensions in all areas of the parking.
Dimensioned drive, see AC2.1 Architectural Site Plan
BMC 38.510.030.C Landscape Block Frontage (Kagy) As you have noted, the
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Narrative - Page 3 of 10
landscape block frontage applies to Kagy. The landscape block frontages
requires a minimum 10’ buffer of landscaping between the street and off street
parking areas. Please increase your landscaping to meet this standard.
Updated 10’ buffer of landscaping in this area, see AC2.1 Architectural Site
Plan
BMC 38.520.030.C. Light and air access and privacy alongside rear property
lines Buildings or portion thereof containing multi-household dwelling units whose
only solar access (windows) is from the applicable side of the building (facing
towards the side property line) must be set back from the applicable side or rear
property lines at least 15 feet. The internal units on the southern building
appear to only receive their solar access (windows) from the side of the building
facing the side property line, thus requiring the 15’ setback. See below image
for the units I’m referring to. While I’ve highlighted the units on the 3
rd floor, this applies to these internal units on all floors.
Updated these four units at all levels to allow light and air on North/South
walls of each bedroom exterior wall. We are asking for a deviation to the
code to allow this design to be approved, see architectural plans and
elevations sheets S-A2.0, S-A2.1, SA2.2, and SA3.0
BMC 38.520.040.C.2. Sites with residential units. Provide direct pedestrian
access between all ground related unit entries and a public street or to a clearly
marked pathway network or open space that has direct access to a public street.
A pedestrian route needs to be provided that connects the southern portion of
the site to S 19th Ave including marked crosswalks where the route crosses a
vehicular access area. This comment was also provided in the Modification
application.
Updated pedestrian access to adjacent property to provide pedestrian
route to S 19th Ave., see AC2.1 Architectural Site Plan
BMC 38.520.070.C.2. The sides and rear of service enclosures must be
screened with landscaping at least five feet wide in locations visible from the
street, parking lots, and pathways to soften views of the screening element and
add visual interest. Current site plan is not meeting this requirement.
Updated trash enclosure design with landscaping buffer, see AC2.1
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Narrative - Page 4 of 10
Architectural Site Plan & L104 Landscape Site Plan
BMC 38.570.040.F.2. Poles supporting lighting fixtures for the illumination of
parking areas and located directly behind parking spaces must be placed a
minimum of five feet outside the paved area or on concrete pedestals at least
30 inches high above the pavement, or suitably protected by other approved
means. Current site plan is not meeting this requirement.
Updated design of poles to have bases at all locations, see AC2-4 -
Photometric Details, pole base detail
Submit a site photometric plan that shows the footcandles and extends the
information across the entire site (all the way to the property lines) so staff can
ensure it is meeting the requirements of 38.570.
See AC2.3 Photometric Site Plan
Parks, Matthew Lee, mjlee@bozeman.net, (406) 582-2339
Cash-in-lieu of Parkland (CILP) appraisal value is currently $2.07 PSF
(effective June 22, 2021). Final CILP appraisal value is determined at the time of
final plan approval.
For providing CILP, please provide written justification as a separate document
per Resolution 4784
See Documents CIL of Parkland Calc. and Park Improvements Estimate
Provide parkland calculations within the Park Plan narrative. Calculation for
IILP provided in 12-1 Park IILP Estimate is different than the estimate in A0-0
Cover Sheet.
o Design & Installation is not counted towards IILP – only the cost of the pavilion
is included as IILP. Please adjust the IILP estimate.
See Documents CIL of Parkland Calc. and Park Improvements Estimate
o Resolution 4784 excerpt regarding IILP:
All parkland proposals are reviewed by the Rec and Park Advisory Board or its
Subdivision Review Committee and approved by the City Commission at formal
Site Plan submittal.
Engineering Division, Cody Flammond, cflammond@bozeman.net,
(406) 582-2287
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Narrative - Page 5 of 10
Stormwater
1. BMC 38.410.080 D. Grading and Drainage – Stormwater ponds/facilities
serving multiple lots in separate ownership must not be located on private lots or
public rights of way.
a. The applicant has proposed eliminating the common open space lot defined
for shared storm water and using this lot as development space.
i. The common open space lot must be redefined using the minor subdivision
process into developable space; and
ii. Because the common open space lot is being eliminated, the site storm water
must be contained and treated per city requirements (BMC 40.074.700 (A)/DSSP
Section II (B) - Storm Drainage Plan) for each individual lot in the development.
The common open space lot is not going to be removed. The common
open space will continue to be used as shared storm water, the proposed
change is serving as an underground storm water system with shared
parking on the surface for adjoining lots.
2. DSSP Section IV (C)(5) - The use of sidewalk chases is discouraged, and
their use is limited to situations where it is not possible to use standard inlets and
piping.
Standard Inlets have been proposed for the Kagy Boulevard
improvements/expansion.
a. The applicant must use a standard inlet and piping for the collection and
conveyance of drainage from Kagy Boulevard to Retention Pond 1.
Standard Inlets have been proposed for the Kagy Boulevard
improvements/expansion.
3. Stormwater Management Design Report
a. In Appendix D- Groundwater Monitoring Results, the monitoring well depths
are reported as being between 2 and 2.25 feet below ground surface, but the
groundwater depths are reported as being between 6.08 and 7.9 feet below
ground surface. The applicant must revise the sheets to report the actual depth
of the wells.
The “well depths” in the Groundwater Monitoring spread sheet is the
perforated PVC pipe height from ground surface to top of the pipe above
the ground. The groundwater monitoring has been updated with the
surveyed elevations of the surrounding ground surface and top of
monitoring well to more accurately estimate the true ground water depth.
Groundwater depth values have been updated in the stormwater design
report.
b. The geotechnical report provided states the seasonal high groundwater is
approximately three and one half feet below ground surface. The applicant must
demonstrate that adequate storage will be available above the seasonal high
groundwater level to meet the water quality and quantity standards.
See Documents: updated Stormwater Management Design Report last page
regarding the depth the SHGW and the groundwater monitoring that was
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Narrative - Page 6 of 10
done on the site. The update site plan provides adequate storage above
SHGW.
c. Drainage Area 5 needs to include the entire area to be improved that will drain
to Retention Pond 1.
The improvements to Kagy Boulevard have been divided in to two drainage
areas that will drain two underground retention chambers. The drainage
areas include the entirety of the Kagy and 19th ROW that will drain to the
proposed chambers.
d. The applicant must demonstrate how stormwater drainage is managed for
Kagy Boulevard east of the current Drainage Area 5 boundary.
The improvements to Kagy Boulevard have been divided in to two drainage
areas that will drain two underground retention chambers. The drainage
areas include the entirety of the Kagy and 19th ROW that will drain to the
proposed chambers.
e. The applicant must provide the regulatory reference for using an infiltration
rate of 26 inches per hour or provide onsite infiltration test results.
Falling Head Percolation Tests have been performed near the proposed
infiltration chamber locations and included in the updated Stormwater
Management Report.
f. DSSP Section II (A)(4) Water Quality - The applicant must include a drainage
plan with post-construction storm water management controls that are designed
to infiltrate, evapotranspire, and/or capture for reuse the post-construction runoff
generated from the first 0.5 inches of rainfall from a 24-hour storm preceded by
48 hours of no measurable precipitation. For projects that cannot meet 100% of
the runoff reduction requirement, the remainder of the runoff from the first 0.5
inches of rainfall must be either:
a. Treated onsite using post-construction storm water management control(s)
expected to remove 80 percent total suspended solids (TSS); b. Managed offsite
within the same sub-watershed using post-construction storm water management
control(s) that are designed to infiltrate, evapotranspire, and/or capture for reuse;
or c. Treated offsite within the same subwatershed using post-construction storm
water management control(s) expected to remove 80 percent TSS.
i. The applicant must meet the water quality requirement in Drainage Area 4 for
the entire Drainage Area 4 area.
This item is noted. The proposed Drainage Area 4 has been subdivided and
renamed to new drainage areas. These areas will now drain to two
proposed retention ponds on the west side of the property.
4. DSSP Section II (B) Stormwater Facility Maintenance Plan
a. The applicant must identify who owns the facilities.
This is noted. The Stormwater Facility Maintenance Plan has been provided
both for the subdivision facility located in Open Space 1 (owned and
maintained by the property owners association and the on-site stormwater
facilities (owned and maintained by the Lot 1A-1 owners)
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b. The applicant must separate the maintenance of the retention pond from the
Stormtech system maintenance.
This item is noted. The maintenance for different stormwater facilities have
been separated in the plan.
i. Maintenance for each facility shall be adequately addressed in the Stormwater
Facility Maintenance Plan.
Noted
c. The applicant must fill in the subdivision number blank.
Water Rights
Will be filled in with the amended Plat
1. BMC 38.410.130 (A) (1) Water rights – Cash-in-lieu of water rights for 7.32 AF
at $6,000/AF, $43,896 (per Griffin Nielsen) must be paid prior to site plan
approval.
Water and Wastewater
1. The water demand memorandum states that a three-inch service line will be
used for the north building but the plans shown a four-inch service line will be
used. The applicant must clarify what size service will be used.
Four inch services will be used then reduced to a 3 inch meter
2. DSSP Section (V)(A) Water Design Report - A water design report must be
prepared by a professional engineer for the proposed project and submitted for
review. The water distribution system must be designed to meet the maximum
day demand plus fire flow and the peak hour demand.
A water and sewer design report has been provided showing adequate
capacity for the domestic water demand and fire demand. Sanitary Sewer
flow estimates and system design have been included in the report.
3. DSSP Section (V)(B) Wastewater Design Report - A wastewater design report
must be prepared by a professional engineer for the proposed project and
submitted for review. The wastewater system must be designed to meet the peak
hour flow plus infiltration.
A water and sewer design report has been provided showing adequate
capacity for the domestic water demand and fire demand. Sanitary Sewer
flow estimates and system design have been included in the report.
Transportation
1. BMC 38.400.070 Street Lighting - City standard street lights are required along
the frontage of Kagy Boulevard, per the arterial spacing requirements. The street
lighting must shown on the site plan. Infrastructure plans for the construction for
the street lights must be submitted to the City Engineering Department per the
Design Standards and Specifications Policy Manual. The street lights must be
part of an SILD prior to occupancy of the proposed project.
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A street lighting photometric plan has been provided with the resubmittal,
see Documents: Roadway Lighting Improvement
2. BMC 38.400.060 Street Improvement Standard – Kagy Boulevard is classified
as a principal arterial street. Development of the Site requires the improvement of
this street along the Site’s frontage to City standards, including proper drainage,
dedication of right-of-way (ROW), pavement, detached sidewalks, landscaped
and irrigated boulevard strip, trees within the boulevard, curb and gutter and
proper access points into the Site.
a. The applicant must improve Kagy Boulevard from 19th Avenue to the
development’s western boundary.
Site design complies, see L101 – Overall Landscape Plan
3. BMC 38.220.060 (A)(12) Traffic Generation - A traffic impact study will be
required for the proposed development which will need to discuss how much
daily traffic will be generated on existing local and neighborhood streets, roads
and alleys, when the subdivision is fully developed.
a. The submitted traffic impact study is missing the appendices. The applicant
must submit the traffic impact study appendices.
See Documents TIS
4. BMC 38.400.100 Street Vision Triangle- No fence, wall or planting in excess of
30 inches above the street centerline grades is permitted within a street vision
triangle. The applicant must show the street vision triangles for all street
intersections and accesses.
The street vision triangle has been more clearly labeled and updated to
match the realigned drive access.
5. BMC 38.400.110 (A) Transportation Pathways - Pathways must be installed in
accordance with this chapter, the growth policy, the most recently adopted long-
range transportation plan, any adopted citywide park plan, and any adopted
individual park master plan, and must comply with City of Bozeman Design
Specifications.
a. The applicant must show the feasibility for expanding the ten-foot wide shared
use pathway along Kagy Boulevard to 14-foot wide.
10’ pathway is shown. A 14’ wide pathway could take up most of the 15’
wide public street and utility easement.
b. The applicant is advised that concrete is the preferred surfacing for the shared
use pathway, but asphalt is allowed.
Noted
Waiver of Right to Protest Creation of Special Improvements Districts
1. The applicant must revise the Waiver of Right to Protest Creation of Special
Improvements Districts as shown on the attached redlined document.
Concurrent Construction
1. BMC 38.270.030.C.1 - To achieve building permit approvals prior to
completion of the public infrastructure improvements associated with the
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development, the applicant must follow BMC 38.270.030.C.1 options b and c.
The following items must be in place prior to building permit approval as can be
seen in 1 through 4 of Subsection c.
a. All easements for the infrastructure must executed.
b. An irrevocable offer of dedication must be delivered to the Engineering
Division.
c. Approval from the Fire Department (Scott Mueller) to simultaneously construct
the infrastructure and private development. This approval must be sent to the
Engineering Division.
d. Infrastructure approval must be provided by the City Engineering Division and
the state.
2. Irrevocable Offer of Dedication
a. The applicant must revise the document to place the signature and notary on
the same page.
b. The applicant must revise the application number to 21327.
c. The applicant must insert the dates of site plan approval and infrastructure
plans with the final submission of the document.
Watercourse Setback
1. BMC 38.410.100 (A)(2)(d) - No newly constructed residential or commercial
structure, addition to an existing structure, fence, deck, fill material (other than
that required for exempt uses), parking lot or other impervious surfaces, or other
similar improvements may be located within required watercourse setbacks,
unless approved through, and in conformance with, a variance or deviation
process as authorized in this chapter.
a. The applicant must not place fill in the watercourse setback.
This item is noted. The grading has been revised to meet existing grades at
the edge of the Zone 2 setback. Exposed foundation walls along the west
sides of the proposed building will be utilized to prevent grading into the
Zone 2 setback.
NorthWestern Energy; Kory Graham, Kory.Graham@northwestern.com
See comments submitted 3-17-21 DRC meeting.
Civil Site Plan shows gas and electric meter location on the east side of the
building on the north side and inside a breezeway of the south building. The
needed width between buildings when installing meters is a minimum of 10 feet
wide. The building elevation views for the north building does not show the
proposed gas and electric meter location. If each unit will be metered separately
then, with 23 units for the north building and 36 units for the south building, the
area for the installation of 23 & 36 electric and 23 & 36 gas meters will require a
substantial amount of wall space. As stated in previous comments, gas meters
can only be stacked two high. With 23 gas maters there will need to be 11 meters
on the top row and 12 gas meters on the bottom row. Length of wall space
needed would be between 18 ft to 20 ft in length & 5 ft high. With 36 gas meters
will require 18 gas meters on the top row and 18 gas meters on the bottom row.
Length of wall space needed would be between 28 ft to 30 ft in length & 5 ft high.
Electric gear and electric meters will need to be installed within the same location
as the gas meters with the required separation. Electric meters can be stacked
up to 4 meters high.
See Sheets N-A7.0 Details and S-A7.0 Details for gas and electric meter
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designs for both buildings.
Submit an application online to have the NWE project engineer work with the
applicant.
See Documents NWE Application submitted Memo
Go to www.northwesternenergy.com/construction to apply online Montana
Construction Application, and access Montana New Service Guide to provide
information on electric and gas service requirements. Once an application is
submitted the NWE project engineer will be in contact with the applicant.
Solid Waste Division; Russ Ward, rward@bozeman.net, 406-582-3235
1. Roof of enclosure may not overhang the enclosure opening to allow for truck
access.
Updated the roof design, See AC3.0 Refuse Enclosure, Site Details
2. Doors must swing open minimum of 180 degrees. The current plan shows
parking to the right of the enclosure if a car is in that spot doors cannot open
180 degrees to allow truck access.
Updated enclosure site layout, See AC2.1 Architectural Site Plan
Fire Department; Scott Mueller, smueller@bozeman.net
Vehicular access and site layout appear acceptable at this time.
Water Conservation Division; Chelsey Trevino, ctrevino@bozeman.net
See attached advisory comments.
Attachments:
1. Engineering review comments
2. Water Conservation advisory memo.
127
PROJECT TEAM
ARCHITECT
LOCATI ARCHITECTS
1007 E. MAIN ST. SUITE 202
BOZEMAN, MT 59715
CONTACT: THOMAS BROWN
(P) 406-587-1139
(E) THOMAS@LOCATIARCHITECTS.COM
CIVIL ENGINEER
C & H ENGINEERING AND SURVEYING INC.
CONTRACTOR
1091 STONERIDGE DR.
BOZEMAN, MT 59718
CONTACT: DREW KIRSCH
(P) 406-587-9768
(E) DKIRSCH@CHENGINEERS.COM
DICK ANDERSON CONSTRUCTION
3424 HWY 12 EAST
HELENA, MT 59601
CONTACT: KIRK SCHEEL
(P) 406-441-3530
(E) KSCHEEL@DACONSTRUCTION.COM
CONTACT: DEREK DIDRIKSEN
(P) 406-441-3530
(E) DEREK@DACONSTRUCTION.COM
LANDSCAPE DESIGN
RED BARN MONTANA
3084 THORPE ROAD
BELGRADE, MT 59714
CONTACT: CHAD REMPFER
(P) 406-539-7030
(E) CHAD@REDBARNMONTANA.COM
PARKLAND CALCULATIONS:
B-2, 0.03 AC OR EQUIVALENT, MAX REQ'D DEDICATION PER ACRE IS 12 UNITS
TOTAL LOT SIZE: 86,412 S.F. -8,019 SF (WETLANDS ANNEX) -6,721 S.F. (RIGHT OF
WAY) = 71,672 (1.65 ACRES)
1.65 ACRES x 12 UNITS PER SQUARE ACRE = 19.8 DWELLING UNITS x 0.03 ACRES
REQ'D PARKLAND = 0.594 ACRES REQ'D (25,875 SF)
CASH-IN-LIEU: APPRAISAL VALUE ($2.07/SF) x 25,875 SF = $53,561.25 DUE
IMPROVEMENTS-IN-LIEU OF PARKLAND, PROVIDE $53,561.25 OF IMPROVEMENTS TO
SPANISH PEAKS PARK LOCATED AT 2220 REMINGTON WAY.
PARKLANDS
PROPERTY OWNER
19TH CAPITAL GROUP, LLC
LEGAL DESCRIPTION
BUILDING INFORMATION
LOT 1A, MINOR SUBDIVISION 503A, SE 1/4 OF SECTION 14,
T. 2 S., R. 5 E. OF P.M.M
19 LARIAT LOOP
BOZEMAN, MT 59715-9200
CONTACT: DAN HITCHCOCK
(P) 406-223-7957
(E) DANHITCHCOCK@MSN.COM
SQUARE FOOTAGE
NORTH BUILDING:
MAIN LEVEL: 6,977 SF
2ND LEVEL: 7,209 SF
3RD LEVEL: 7,209 SF
TOTAL: 21,395 SF
SOUTH BUILDING:
MAIN LEVEL: 9,482 SF
2ND LEVEL: 9,385 SF
3RD LEVEL: 9,385 SF
TOTAL: 28,252 SF
PROPERTY ADDRESSES:
XXXX KAGY BLVD. & XXXX KAGY BLVD.
BOZEMAN, MT 59718
SITE INFORMATION
SITE AREA: 1.90 ACRES
82,856 SF
49,647 SF
FAR: 0.60
BUILDINGS: 20,836 SF
DRIVE/PARK: 36,362 SF
SEMIPUBLIC LAND: 3,062 SF
LANDSCAPE: 22,596 SF
LOT AREA PERCENTAGES
25%
43%
4%
27%
59
1.9 -(0.070)
= 32.24
NET RESIDENTIAL DENSITY:PROJECT GROSS SF:
SITE
B-2 ZONING
CITY LIMIT
STRUCTURES SETBACK:PARKING & LOADING SETBACK:
REAR 10’REAR 10’
SIDE YARDS 5’SIDE YARDS 8’
MAXIMUM BUILDING HEIGHT:
50' AT 3:12 OR LESS ROOF PITCH.
60' AT 3:12 OR GREATER ROOF PITCH.
MAIN LEVEL TO HAVE MINIMUM 13' CEILINGS & RETROFITTABLE TO ACCOMMODATE
COMMERCIAL USES.
ALLOWED USES:
APARTMENTS & APARTMENT BUILDINGS
PERMITTED ON FLOORS OTHER THAN MAIN LEVEL CONDITIONAL USE ON MAIN LEVEL.
B-2 ZONING -COMMUNITY BUSINESS DISTRICT
ACTUAL BUILDING HEIGHT (5:12 PITCH):
NORTH BUILDING: 48' 7"
SOUTH BUILDING:47' 2"
VEHICULAR:
NORTH BUILDING = (23) 1 BEDROOM UNITS
SOUTH BUILDING = (36) 1 BEDROOM UNITS
TOTAL: (59) 1 BED UNITS x 1.5 PARKING SPACES = 88.5 PARKING SPACES REQUIRED
90 PARKING SPACES PROVIDED
PARKING
BIKE:
89. x10% = 9 BIKE PARKING SPACES REQUIRED
BIKE PARKING EXCEEDS REQUIREMENTS:
• 18 COVERED OUTDOOR BIKE PARKING SPACES
• 22 UNCOVERED OUTDOOR BIKE PARKING SPACES
• 46 (2) WALL HANGING BIKE STORAGE WITHIN EACH UNIT IN NORTH BUILDING
• 36 (1) WALL HANGING BIKE STORAGE WITHIN EACH UNIT FOR SOUTH BUILDING
REQUIREMENTS:
100 SF OPEN SPACE x (59)1 BEDROOM UNITS = 5,900 SF REQ'D.
OPEN SPACE PROVIDED:
OPEN SPACE PROVIDED = 3,000 sf
59 UNITS PRIVATE 60 SF BALCONY = 3,540 (UP TO 50% PRIVATE)= 2,900 sf
TOTAL OPEN SPACE PROVIDED = 5,900 sf
THE BUILDING AND RESPECTIVE SITE DEPICTED BY THE
FOREGOING DRAWINGS HAS BEEN DESIGNED TO MEET
ALL ACCESSIBILITY REQUIREMENTS UPHELD BY THE
STATE AND MUNICIPAL JURISDICITIONS IN WHICH THEY
WILL OPERATE.
MIXED BLOCK FRONTAGE ALONG KAGY:
-BUILDING PLACEMENT IS OVER 10' FRONT SETBACK
-NORTH BUILDING ADDRESSES KAGY WITH >3' COVERED ENTRANCES FRONTING KAGY
-TRANSPARENCY FOR RESIDENTIAL USES ARE OVER 15% OF ENTIRE FACADE
SPECIAL RESIDENTIAL BLOCK FRONTAGE STANDARDS ALONG SIDEWALKS AND
INTERNAL PATHWAYS:
BLOCK FRONTAGE BMC 38.510.030.J -(A.) RAISED DECK OR PORCH OPTION-
BOTH BUILDINGS GROUND LEVEL ARE DESIGNED AT 1 FOOT ABOVE GRADE WITH
PROPER PATIO DIMENSIONS, PATIOS ARE SCREENED WITH 2 FEET HIGH LANDSCAPING
WALLS, AND WITH PERMITTED NATURAL LANDSCAPING BUFFERS.
PROJECT NAME:
COPYRIGHT LOCATI ARCHITECTS L.L.C.
2021 ALL RIGHTS RESERVED
PROJECT NAME
PROJECT NUMBER
1007 EAST MAIN SUITE 202
B O Z E M A N, M T 5 9 7 1 5
4 0 6 - 5 8 7 - 1 1 3 9
F A X 5 8 7 - 7 3 6 9
DATE
SP RESUBMIT
04-13-22
UNIVERSITY CROSSING
S 19TH AVE & KAGY BLVD, BOZEMAN MT
UNIVERSITY CROSSING
1930
----
UNIVERSITY
CROSSING
INDEX OF DRAWINGS
C1.0 - OVERALL SITE PLAN
C2.0 - SITE LAYOUT
C3.0 - CIVIL UTILITIES DETAILS
C4.0 - CIVIL GRADING & DRAINAGE
C5.0 - CIVIL DETAILS
C5.1 - CIVIL DETAILS
C5.2 - CIVIL DETAILS
L101 - OVERALL LANDSCAPE PLAN
L102 - PLANT SCHEDULE
L103 - NORTH LANDSCAPE PLAN
L104 - SOUTH LANDSCAPE PLAN
L201 - LANDSCAPE DETAILS
N-A2.0 - NORTH BUILDING MAIN LEVEL FLOOR PLAN
N-A2.1 - NORTH BUILDING SECOND LEVEL FLOOR PLAN
N-A2.2 - NORTH BUILDING THIRD LEVEL FLOOR PLAN
N-A3.0 - NORTH BUILDING COLOR ELEVATIONS
N-A5.0 - NORTH BUILDING ROOF PLAN
N-A6.0 - NORTH BUILDING SECTION
N-A7.0 - DETAILS
S-A2.0 - SOUTH BUILDING MAIN LEVEL FLOOR PLAN
S-A2.1 - SOUTH BUILDING SECOND LEVEL FLOOR PLAN
S-A2.2 - SOUTH BUILDING THIRD LEVEL FLOOR PLAN
S-A3.0 - SOUTH BUILDING COLOR ELEVATIONS
S-A5.0 - SOUTH BUILDING ROOF PLAN
S-A6.0 - SOUTH BUILDING SECTION
S-A7.0 - DETAILS
- CIVIL -
- ARCHITECTURAL -
- LANDSCAPE -
A0.0 - COVER
AC2.0 - EXISTING SITE PLAN
AC2.1 - ARCHITECTURAL SITE PLAN
AC2.3 - PHOTOMETRIC SITE PLAN
AC2.4 - PHOTOMETRIC DETAILS
AC3.0 - REFUSE ENCLOSURE, SITE DETAILS
AC3.1 - BBQ STATIONS, SITE DETAILS
AC3.2 - BBQ SHED STATION
AC4.0 - MATERIAL BOARD
AC5.0 SPANISH PEAKS PARK IMPROVEMENTS
- ARCHITECTURAL SITE -
PARKLAND CALCULATIONS
VICINITY MAP
PROJECT INFORMATION
OPEN SPACE
PARKING
ADA ACKNOWLEDGEMENT
BLOCK FRONTAGE
128
PROPERTY LINELOT 2ALOT 3LOT 1APROPOSED IRRIGATION WELLPROPOSED OPENSPACE, 3,000 SFPROPOSED CURBEXISTING EDGE OF ROADEXISTING LIGHT POLES TO BERELOCATED OUT OF NEW PATHWAYNORTHSCALE: 1"=20'-0"SITE PLANNEW CURB TO KAGYREPLACE TRUNCATED DOMEPROPOSED CURBACCESSABLE TRAIL,PLOWED AND CLEAREDALL YEAR6AC3.2XXX
AC2.1 MT
SHEET NUMBER
INFORMAL REVIEW
ISSUE PROJECT / OWNER
S 19TH AVE & KAGY BLVD, BOZEMAN
2/8/21
DATE
406-587-1139 FAX 587-7369
ARCHITECT
1007 E. MAIN SUITE 202 BOZEMAN MONTANA
LOCATI ARCHITECTSJOB No.UNIVERSITY CROSSING 1930
SITE PLAN 8/2/21
RFPs 7/6/21
SP RESUBMIT 12/22/21
SP RESUBMIT 4/13/22
129
BOZEMAN U.D.O. REQUIREMENTSPARKING LOT LANDSCAPINGTOTAL PARKING STALLS: 90LANDSCAPE AREA REQUIRED: 1,800 SF; 1,970 SF SHOWN10 PARKING LOT TREES REQUIRED, 19 SHOWNBOULEVARD TREES:1 LARGE CANOPY TREE PROVIDED FOR EACH 50' OF STREET FRONTAGEWATERCOURSE SETBACK PLANTING:NATIVE SEED MIX PROVIDED IN WATERCOURSE SETBACK ZONE 2. (ZONE 1 ISOUTSIDE OF PROPERTY BOUNDARY)DROUGHT TOLERANT SPECIES:75% OF TREES AND SHRUBS USED ARE DROUGHT TOLERANT SPECIESSEE PLANT SCHEDULE SHEET L102OWNER:19TH CAPITAL GROUP LLC19 LARIAT LOOPBOZEMAN, MT 59715-9200(406) 223-7958MINOR SUB 503A, S14, TO2 S, RO5 E, LOT 1A, ACRES 1.57LEGAL DESCRIPTION LINE 1CITY OF BOZEMAN, GALLATIN COUNTY, STATE OF MONTANAGENERAL NOTES1.ALL LANDSCAPED AREAS SHALL HAVE PERMANENT UNDERGROUND. IRRIGATION INSTALLED TO ENSURE A HEALTHY LANDSCAPE. SEE IRRIGATION NOTES.2.ALL AREAS DISTURBED BY CONSTRUCTION TO BE SEEDED OR PLANTED ANDMAINTAINED.3.ALL EDGING SHALL BE METAL (PRO EDGE-STEEL/ALUMINUM).4.ALL SHRUB BEDS SHALL BE LINED WITH PROFESSIONAL GRADE TYPAR WEEDFABRIC, AND COVERED WITH 3-4" OF 1 12" WASHED ROCK MATERIAL.5.ALL TREES SHALL BE STAKED WITH WOOD STAKES (MIN OF 2 PER TREE) ANYTREE OR SHRUB PLANTED THAT IS NOT IN A SHRUB BED SHALL HAVE A 3' DIA. 4" DEPTH ORGANIC MULCH RING AT THE BASE.6.CONTRACTOR TO VERIFY LOCATION OF ALL UTILITIES PRIOR TO INSTALLATION,EXCAVATION, OR PLANTING.7.NO TREE SHALL BE PLANTED WITHIN 10' OF ANY FIRE HYDRANT, SEWER ORWATER LINE.8.ALL STREET TREES SHALL BE APPROVED BY CITY FORESTER AND PLANTEDSLIGHTLY HIGHER THAN GRADE AND WITH THE TREE COLLAR EXPOSED. THE HOLEEXCAVATED SHALL BE TWICE THE SIZE OF THE POT OR ROOTBALL OF THE TREE.9.ALL PLANTS SHALL BE GUARANTEED FOR ONE YEAR AFTER PROJECT COMPLETION.10.ALL LAWN AREAS SHALL BE LOCALLY GROWN SOD.11.ALL SOD AREAS TO HAVE 4-6" MINIMUM TOPSOIL DEPTH TO PROMOTE PLANTGROWTH.12.ALL OTHER DISTURBED AREAS ON SITE SHALL BE RE-GRADED ROCK HOUNDEDAND SEEDED TO MATCH DISTURBED AREA EXISTING LANDSCAPE.13.SEEDED GRASS AREAS ARE TO BE FINANCIALLY GUARANTEED FOR 2 YEARS BYOWNER OR CONTRACTOR. TEMPORARY SURFACE IRRIGATION TO BE USED FORESTABLISHMENT-SEE IRRIGATION NOTES.14.NO PLANT SUBSTITUTIONS WITHOUT WRITTEN APPROVAL FROM THE OWNER ANDLANDSCAPE DESIGNER.15.CONTRACTOR TO VERIFY ALL PLANT QUANTITIES. IF THERE IS A DISCREPANCYBETWEEN PLANT TABLE AND PLAN, THE PLAN SHALL DICTATE QUANTITY.16.ALL GROUND MOUNTED MECHANICAL NOT SHOWN ON PLAN SHALL BE HARDSCREENED WITH FENCE OR SIDING MATERIAL.NProject For:
University Crossing Apts.
S. 19th Ave. & Kagy Blvd.
Bozeman, MTOverallLandscapePlanL1012/16/21For ReviewDate Issue3084 Thorpe RoadBelgrade, Montana 59714Ph 406.924.8038alyssa@redbarnmontana.com0SCALE: feet2040601" = 20'7/26/21City SubmittalSHEET L103SHEET L104SHEET L103SHEET L104PROPOSEDBUILDINGKAGY BOULEVARDPROPOSEDBUILDING8/06/21City SubmittalPROPERTY LINEPROPERTY LINE
12/08/21City SubmittalSCALE: 1" = 20'@ 24 x 36 Sheet12/22/21City Submittal04/11/22City SubmittalVISION TRIANGLEVISION TRIANGLE06/09/22City Submittal130
REF.
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REF.
FRZ.
REF.
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REF.
FRZ.
REF.
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UP
DN
DN
UP
208
UNIT C
207
UNIT B
206
UNIT C
205
UNIT A
202
UNIT A
UNIT B
204 UNIT A
203
201
UNIT A
209
BONUS
210
BONUS JOB No.SHEET NUMBERPROJECT / OWNERARCHITECTLOCATI ARCHITECTS1007 E. MAIN SUITE 202 BOZEMAN MONTANA406-587-1139 FAX 587-7369COPYRIGHT LOCATI ARCHITECTS P.L.L.P.2020 ALL RIGHTS RESERVEDPROJECT MGR1930UNIVERSITY CROSSING - NBS 19TH AVE & KAGY BLVDBOZEMAN, MTN-A2.1FLOOR PLANNORTHSCALE: 1/8" = 1'-0"
PLAN - 2ND LEVEL ISSUE#DATEINFORMAL SET15-26-21SITE PLAN SET28-10-21SP RESUBMIT412-22-21 KITCHEN
LIVING
DINING
BED ROOM
BATHPANTRY
CLOSET
STOR.
LAUNDRY
PATIO CORRIDORMECH.131
REF.
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REF.
FRZ.
REF.
FRZ.
REF.
FRZ.
REF.
FRZ.
DN
DN
UP
UNIT C
308
UNIT C
306
305
UNIT A
UNIT B
307
UNIT B
304
302
UNIT A
301
UNIT A
UNIT A
303
310
BONUS
309
BONUS JOB No.SHEET NUMBERPROJECT / OWNERARCHITECTLOCATI ARCHITECTS1007 E. MAIN SUITE 202 BOZEMAN MONTANA406-587-1139 FAX 587-7369COPYRIGHT LOCATI ARCHITECTS P.L.L.P.2020 ALL RIGHTS RESERVEDPROJECT MGR1930UNIVERSITY CROSSING - NBS 19TH AVE & KAGY BLVDBOZEMAN, MTN-A2.2FLOOR PLANNORTHSCALE: 1/8" = 1'-0"
PLAN - 3RD LEVEL ISSUE#DATEINFORMAL SET15-26-21SITE PLAN SET28-10-21SP RESUBMIT412-22-21 KITCHEN
LIVING
DINING
BED ROOM
BATHPANTRY
CLOSET
STOR.
LAUNDRY
PATIO CORRIDORMECH.132
PLAN -1ST LEVEL
100' -1"
PLAN -2ND LEVEL
114' -3 5/8"
ABCDEFGHIJ
PLAN -3RD LEVEL
124' -5 3/8"
C
N-A6.1
27
53
1
56
30
39
65
11103B
203B
303B 303A 301C
203A 201C
101C203A
101B
201B
301B
M1
M2
M1
M3
M2
M3
M2
M1 M1
M3
M3 M2
M3
M2
M2
M2
3
N-A7.2
M7
C
N-A6.2
M2
M6
M6
M6
M6
1
N-A5.1
PLAN -1ST LEVEL
100' -1"
PLAN -2ND LEVEL
114' -3 5/8"
1 2 3 4 5 6 7 8 9 10 11 12 13 14
PLAN -3RD LEVEL
124' -5 3/8"
A
N-A6.0
PLAN -1ST LEVEL -1.5
98' -7"
PLAN -2ND LEVEL -1.5
112' -9 5/8"
PLAN -3RD LEVEL -1.5
122' -11 3/8"
310A
210A
207A
307A
107A108A
208A
308A
104B
204B
304B 304A
204A
104A 103C
203C
303C
209A
309A
73
47
21 24
50
76
77
51
25 2
28
54
M1
M1
M3
M2
M3
M2
M3M3
M2 M2
M1
M1
M3
M1
M3
M1
M410
N-A7.1
10
N-A7.1
1
N-A7.2
3
N-A7.2
M7
M7
4
N-A5.1
2' - 1"1' - 7"2' - 1"1' - 4 3/4"M5
M5
M6
M5
7
N-A7.0
7
N-A7.0
1
N-A5.1
1
N-A5.1
PLAN -1ST LEVEL
100' -1"
PLAN -2ND LEVEL
114' -3 5/8"
1234567891011121314
PLAN -3RD LEVEL
124' -5 3/8"
A
N-A6.0
PLAN -1ST LEVEL -1.5
98' -7"
PLAN -2ND LEVEL -1.5
112' -9 5/8"
PLAN -3RD LEVEL -1.5
122' -11 3/8"
302A
202A
102A
101A
201A
301A
305A
205A
105A
106B
206B
306C
18
46
72
10
38
64
9
37
63
68
42
33
59
29
55
M1
M1
M1
M3
M2
M2
M1
M3
M3
M2
M1
M1
M3
M3
M2 T.O. UNIT8' - 0"T.O. UNIT10' - 0"T.O. UNIT10' - 0"T.O. UNIT8' - 0"T.O. UNIT8' - 0"5' - 0"2' - 6"2' - 6"11 1/2"3' - 6"5' - 0"2' - 6"2' - 6"3' - 6"5 1/2"
2
N-A7.2
1
N-A7.2
3
N-A7.2
N-A5.1
5
M6
M6
M5
M5
M5
M7M7
M7
M1
4
N-A5.1
M1
M7
N-A7.2
5
N-A7.2
5
1
N-A5.1
1
N-A5.1
1
N-A7.2
N-A7.0
9
N-A7.0
8
A B C D E F G H I J
PLAN -1ST LEVEL -1.5
98' -7"
PLAN -2ND LEVEL -1.5
112' -9 5/8"
PLAN -3RD LEVEL -1.5
122' -11 3/8"
C
N-A6.1
71
45
17 19 20 22
48
74
78
52
26
308B
208B208C
308C306A
206A
106A
206B
306B
108B
M1 M1
M1
M1
M1
M3
M2
M2
M2
M3
M2
M3
4
N-A7.2
M7 M7
C
N-A6.2
M2
M5 M5
M2
M2
M6 M6
M6M6
1
N-A5.1 JOB No.SHEET NUMBERPROJECT / OWNERARCHITECTLOCATI ARCHITECTS1007 E. MAIN SUITE 202 BOZEMAN MONTANA406-587-1139 FAX 587-7369COPYRIGHT LOCATI ARCHITECTS P.L.L.P.2020 ALL RIGHTS RESERVEDPROJECT MGR1930UNIVERSITY CROSSING-NORTHS 19TH AVE & KAGY BLVDBOZEMAN, MTN-A3.0ELEVATIONSSCALE: 1/8" = 1'-0"
SOUTH - PARKING
SCALE: 1/8" = 1'-0"
WEST - WETLANDS
SCALE: 1/8" = 1'-0"
EAST - DRIVEWAY
SCALE: 1/8" = 1'-0"
NORTH - KAGY
EXTERIOR MATERIAL SCHEDULE
MARK TYPE MATERIAL DESCRIPTION
M1 4" BRICK UTILITY
M2 VERTICAL METAL
SIDING
GAG 22, BOX-RUB, COLOR RUST/COR-TEN
M3 HORIZONTAL
METAL SIDING
GAG 22, RANDOM WIDTHS 4", 6", 8", 10"
M4 WOOD PANEL 4' X 4' WOOD PANEL
M5 STANDING SEAM
ROOFING
BLACK METAL
M6 ROOFING SHINGLES ASPHALT - DARK GREY
M7 CONCRETE SACK FINISH
M8 METAL PANEL 1/2" METAL PANEL
M9 GROUND CMU BLACK
ISSUE#DATEINFORMAL SET15-26-21SITE PLAN SET28-10-21SP RESUBMIT404-13-211'-0"1'-0"2'-0"2'-0"2'-0"2'-0"1'-0"1'-0"1'-0"2'-0"FLOOR IS 1' ABOVE
GRADE
2' PATIO WALLS
4'8'MIXED BLOCK FRONTAGE TRANSPARENCY CALCS. 20' FROM SIDEWALK IS 51%
BETWEEN 4' TO 8' FROM GRADE. TOTAL TRANSPARENCY OF FACODE IS 18%
133
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REF.
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UP
UP
1
1
2
2
3
3
4
4
5
5
6
6
7
7
8
8
9
9
10
10
11
11
12
12
13
13
14
14
A A
B B
C C
D D
E E
F F
G G
H H
I I
J J
1' - 6"10' - 0"16' - 11"9' - 1 1/2"16' - 11"8' - 0"9' - 0 1/2"8' - 0"16' - 11"9' - 1"16' - 11"8' - 0"9' - 0"
139' - 5"7' - 0"6' - 0"7' - 0"13' - 0"12' - 11"13' - 0"7' - 0"6' - 0"7' - 0"78' - 11"A
N-A6.0
A
N-A6.0
E. METERS,
SEE 6/N-A7.0G. METER, SEE 5/N-A7.0FOUNTAIN
BOTTLE1" / 12"ADA UNIT2' CLEAR1' CLEARWATER RISER 4'-8"HOUSE ELEC.
PANEL & MECH.
FOR UNIT
FITNESS ROOM
RAMP7' - 0"6' - 0"7' - 0"4' - 6"8' - 5 1/2"13' - 0"8' - 5 1/2"4' - 6 1/2"7' - 0"6' - 0"9
10
11
13
1
2
4
56
7
8
1415
16
17
18
19
20
21
22 23
24
25
26
108
UNIT C
107
UNIT B
106
UNIT C
105
UNIT A
104
UNIT D
103
UNIT A
102
UNIT A
3
12
101
C
N-A6.1
C
N-A6.1
203A
106A
106B
105A
102A 101A
101B
101C
103B
103C104A
104B
107A108A
108B
CURBLESSG
3' - 9"1" / 12"RAMP2' - 8"UNIT3' - 0"1' - 4"3' - 3"UNIT7' - 6"2' - 3"2' - 5 1/2"UNIT6' - 0"9' - 0"UNIT6' - 0"2' - 5 1/2"2' - 3"UNIT7' - 6"3' - 3"1' - 4"UNIT3' - 0"2' - 8"78' - 11"7' - 0"6' - 0"7' - 0"13' - 0"12' - 11"13' - 0"13' - 0"7' - 0"7' - 0"1' - 0"UNIT7' - 6"4' - 6"4' - 5 1/2"UNIT5' - 6"6' - 0"UNIT5' - 6"4' - 5 1/2"3' - 6"UNIT5' - 0"4' - 6"1' - 10"UNIT3' - 0"2' - 2"3' - 5 1/2"
UNIT
6' - 0"
6 1/2"
4' - 6"
UNIT
7' - 6"4' - 11"9' - 1 1/2"6' - 2"
UNIT
5' - 0"5' - 9"
6 1/2"UNIT
6' - 0"
1' - 5 1/2"
10' - 6"
UNIT
6' - 0"
6 1/2"
5' - 8 1/2"
UNIT
5' - 0"6' - 2 1/2"9' - 1"4' - 2 1/2"
UNIT
9' - 0"3' - 8 1/2"
139' - 5"
1' - 6"10' - 0"16' - 11"9' - 1 1/2"16' - 11"8' - 0"9' - 0 1/2"8' - 0"16' - 11"9' - 1"16' - 11"8' - 0"9' - 0"
3' - 5 1/2"
UNIT
6' - 0"
6 1/2"
5' - 8 1/2"
UNIT
5' - 0"6' - 2 1/2"9' - 1 1/2"6' - 2"
UNIT
5' - 0"5' - 9"
5 1/2"
UNIT
6' - 0"
1' - 6 1/2"
3' - 9"
UNIT
3' - 0"3' - 9"
UNIT
6' - 0"
6 1/2"
5' - 8 1/2"
UNIT
5' - 0"6' - 2 1/2"9' - 1"6' - 2 1/2"
UNIT
5' - 0"5' - 8 1/2"
6 1/2"
UNIT
6' - 0"
1' - 5 1/2"
9' - 0"11' - 3"6' - 7"3' - 0"10"10 1/4"UNIT3' - 0"10 1/4"13' - 2"10 1/4"UNIT3' - 0"10 1/4"10' - 5 1/2"11' - 2 1/2"11' - 2 1/2"6' - 7 1/2"3' - 0"10"10 1/4"3' - 0"10 1/4"13' - 2"10 1/4"3' - 0"10 1/4"10' - 5 1/2"11' - 2 1/2"6' - 4 1/2"5' - 4"5' - 5"1' - 6 1/2"2' - 10"11' - 5"DN
DNDNDN
DN
DN
7' - 0 1/2"4' - 3 1/2"3' - 4 1/8"8 5/8"2' - 8 1/8"3' - 2 1/8"5' - 2"6' - 6 1/2"1'-6" FLOOR STEP1'-6" FLOOR STEPPLAN -1ST
LEVEL -1.5
PLAN -1ST
LEVEL
BIKE RACK
SEE DETAIL 9/AC3.0
DNC
N-A6.2
C
N-A6.2
N-A8.0
9
S
L
OP
E
SLOPE
1/8" : 1'-0"
TO DRAINSLOPESLOPE
1/8" : 1'-0"
TO DRAIN
SLOPE
1/8" : 1'-0"
TO DRAIN
SLOPEA1 A1
A1 A1SLOPESLOPEDS-
DAYLIGHT
DS-
DAYLIGHT
DS-
DAYLIGHT
DS-
DAYLIGHT
DS-
DAYLIGHT DS-
DAYLIGHT
DS-
DAYLIGHT
DS
DS
DS
DSDS
DS
DS
DSDS
DS
DS
10
N-A7.1
9
N-A7.1
SLOPE
S
L
OPESLOPECONCRETE PAVERS
CONCRETE PAVERS
CHAIN DS
CHAIN DS JOB No.SHEET NUMBERPROJECT / OWNERARCHITECTLOCATI ARCHITECTS1007 E. MAIN SUITE 202 BOZEMAN MONTANA406-587-1139 FAX 587-7369COPYRIGHT LOCATI ARCHITECTS P.L.L.P.2020 ALL RIGHTS RESERVEDPROJECT MGR1930UNIVERSITY CROSSING-NORTHS 19TH AVE & KAGY BLVDBOZEMAN, MTN-A2.01ST FLOOR PLANNORTHSCALE: 1/8" = 1'-0"
PLAN - 1ST LEVEL ISSUE#DATEINFORMAL SET15-26-21SITE PLAN SET28-10-21SP RESUBMIT404-13-21NOTE: ADA UNIT 104 TO BE CONSTRUCTED AS A TYPE 'A'
UNIT, ALL OTHER UNITS TO BE CONSTRUCTED AS TYPE 'B'
UNITS ON GROUND LEVEL
134
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REF.
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REF.
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REF.
FRZ.
UPUP
DNDNDN
UNIT A
201
203
UNIT B204
UNIT D
207
UNIT D
UNIT C
205
UNIT C
202
UNIT C
206
UNIT C
209
208
UNIT D
211
UNIT D
212
UNIT B
UNIT A
210
BONUS
213
BONUS
214
UP JOB No.SHEET NUMBERPROJECT / OWNERARCHITECTLOCATI ARCHITECTS1007 E. MAIN SUITE 202 BOZEMAN MONTANA406-587-1139 FAX 587-7369COPYRIGHT LOCATI ARCHITECTS P.L.L.P.2020 ALL RIGHTS RESERVEDPROJECT MGR1930UNIVERSITY CROSSING - SBS 19TH AVE & KAGY BLVDBOZEMAN, MTS-A2.1FLOOR PLANXXXXXNORTHSCALE: 1/8" = 1'-0"
PLAN - 2ND LEVEL ISSUE#DATEINFORMAL SET15-26-21SITE PLAN SET27-29-21PROGRESS SET311-03-21 KITCHEN
LIVING
DINING
BED ROOM
BATH PANTRYCLOSET
MECH.
LAUNDRY
PATIO
STOR.CORRIDOR135
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REF.
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UPDNDN DN UNIT A
301
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303
UNIT B308
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311
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312
UNIT B
UNIT A
310
UNIT C
309
UNIT C
306
BONUS
314 BONUS
313 JOB No.SHEET NUMBERPROJECT / OWNERARCHITECTLOCATI ARCHITECTS1007 E. MAIN SUITE 202 BOZEMAN MONTANA406-587-1139 FAX 587-7369COPYRIGHT LOCATI ARCHITECTS P.L.L.P.2020 ALL RIGHTS RESERVEDPROJECT MGR1930UNIVERSITY CROSSING - SBS 19TH AVE & KAGY BLVDBOZEMAN, MTS-A2.2FLOOR PLANXXXXXNORTHSCALE: 1/8" = 1'-0"
PLAN - 3RD LEVEL ISSUE#DATEINFORMAL SET15-26-21SITE PLAN SET27-29-21SP RESUBMIT412-22-21 KITCHEN
LIVING
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BED ROOM
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MECH.
LAUNDRY
PATIO
MECH.CORRIDOR136
PLAN -1ST LEVEL
100' -0 3/4"
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114' -1 3/8"
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M7 M7 M7 M7 M7 JOB No.SHEET NUMBERPROJECT / OWNERARCHITECTLOCATI ARCHITECTS1007 E. MAIN SUITE 202 BOZEMAN MONTANA406-587-1139 FAX 587-7369COPYRIGHT LOCATI ARCHITECTS P.L.L.P.2020 ALL RIGHTS RESERVEDPROJECT MGR1930UNIVERSITY CROSSING - SOUTHS 19TH AVE & KAGY BLVDBOZEMAN, MTS-A3.0ELEVATIONSXXXXXSCALE: 1/8" = 1'-0"
NORTH - PARKING
SCALE: 1/8" = 1'-0"
EAST - DRIVEWAY
SCALE: 1/8" = 1'-0"
WEST - WETLANDS
SCALE: 1/8" = 1'-0"
SOUTH - UNDEVELOPED FIELD
EXTERIOR MATERIAL SCHEDULE
MARK IMAGE MATERIAL COMMENTS
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ISSUE#DATEINFORMAL SET15-26-21SITE PLAN SET27-29-21SP RESUBMIT44-13-221'-0"2'-0"FLOOR IS 1' ABOVE
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UNIT A
110
UNIT B
112
UNIT C
109
UNIT C
106
UNIT D
111
UNIT D
108
UNIT D
107
UNIT C
105
UNIT C
102
UNIT A
101
UNIT B
103
UNIT D
104
BONUS
114
BONUS
113RAMPRAMP JOB No.SHEET NUMBERPROJECT / OWNERARCHITECTLOCATI ARCHITECTS1007 E. MAIN SUITE 202 BOZEMAN MONTANA406-587-1139 FAX 587-7369COPYRIGHT LOCATI ARCHITECTS P.L.L.P.2020 ALL RIGHTS RESERVEDPROJECT MGR1930UNIVERSITY CROSSING - SBS 19TH AVE & KAGY BLVDBOZEMAN, MTS-A2.0FLOOR PLANXXXXXNORTHSCALE: 1/8" = 1'-0"
MAIN LEVEL ISSUE#DATEINFORMAL SET15-26-21SITE PLAN SET27-29-21SP RESUBMIT412-22-21 KITCHEN
LIVING
DINING
BED ROOM
BATH
PANTRYCLOSET
LAUNDRY
PATIOMECH.RISERRISERMISC.CORRIDOR138
Memorandum
REPORT TO:City Commission
FROM:Renata Munfrada, Community Housing Program Coordinator
David Fine, Development and Housing Program Manager
Brit Fontenot, Economic Development Department Director
SUBJECT:Short Term Rental Work Session
MEETING DATE:August 9, 2022
AGENDA ITEM TYPE:Policy Discussion
RECOMMENDATION:Direction to Staff
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:Nationwide the prevalence of short-term rentals (STR) has risen quickly
causing concerns for cities and small gateway communities, due to perceived
disruption to neighborhoods and the potential for impact on the availability
of long-term rental housing. These concerns are in tension with the ability of
homeowners to capture rental income from a room or home which could
increase their financial well-being and typically allows them to meet their
mortgage responsibilities. Balancing these factors is integral to developing a
workable public policy approach to the regulations of STRs.
UNRESOLVED ISSUES:None
ALTERNATIVES:None
FISCAL EFFECTS:None
Attachments:
Short Term Rentals Memo.pdf
Attachment 1 - Public Engagement.pdf
Zoning Districts Map.pdf
Report compiled on: July 20, 2022
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Memorandum
REPORT TO: City Commission
FROM: Renata Munfrada, Community Housing Program Coordinator
David Fine, Development and Housing Program Manager
Brit Fontenot, Economic Development Department Director
SUBJECT: Short Term Rental Work Session
MEETING DATE: August 9, 2022
AGENDA ITEM TYPE: Policy Discussion
RECOMMENDATION: Discussion and Direction to Staff
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
Nationwide the prevalence of short-term rentals (STR) has risen quickly causing concerns for cities and
small gateway communities, due to perceived disruption to neighborhoods and the potential for impact
on the availability of long-term rental housing. These concerns are in tension with the ability of
homeowners to capture rental income from a room or home which could increase their financial well-
being and typically allows them to meet their mortgage responsibilities. Balancing these factors is
integral to developing a workable public policy approach to the regulations of STRs.
City of Bozeman Commission Priorities
Short-term rental revisions are included in the 2022 City Commission priorities. The Commission seeks
additional information in consideration of revisions to the City’s current short-term rental program to
create additional opportunities for long-term rentals, including potential limitations to the licensing of
new short-term rental properties. The purpose of this work session is to have a policy discussion about
the City’s current STR ordinance and provide specific direction to staff regarding potential STR regulation
changes.
History of Short Term Rental Work in Bozeman
The City Commission spent considerable time on the regulation of STRs in 2016 and 2017 culminating in
the adoption of Ordinance 1974 (creating the current standards for STRs found in the Bozeman
Municipal Code at 38.360.260). Below we provide a brief statement on each time the Commission heard
an item related to STRs and a link to the staff memorandum for each meeting.
The Commission first discussed regulation of STRs on July 11, 2016. The staff memorandum from that
policy discussion can be found here.
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The Commission considered priorities for FY 2017 and the relationship of the development of a Vacation
Rental or Short Term Rental program in relation to other priorities on July 18, 2016. The staff
memorandum from that policy discussion can be found here.
On August 8, 2016, the Commission adopted an Interim Zoning Ordinance 1958 repealing and
suspending extended stay lodging and other similar uses such as short term and vacation rentals as a
conditional use in specified zoning districts for a period of six months. The staff memorandum from that
policy discussion can be found here.
Subsequently, on February 6, 2017, the Commission determined that the City required additional time
to study the issue and develop solutions, and subsequently adopted Ordinance 1970 extending Interim
Zoning Ordinance 1958 for an additional six-month period. The staff memorandum for that meeting can
be found here.
On April 24, 2017, the Commission discussed staff recommendations for regulating short term rentals
and provided direction regarding provisional adoption of an ordinance to regulate. The staff
memorandum from that discussion can be found here.
The Commission again considered provisional adoption of Ordinance 1974 on May 22, 2017. The staff
memorandum from that meeting can be found here.
During the course of these policy discussions, the Commission conducted a public hearing on June 22,
2017, for the adoption of Ordinance 1977, a second extension of Interim Zoning Ordinance 1958
regarding extended stay lodging (short term rentals). The staff memorandum can be found here.
On August 14, 2017, the Commission again considered provisional adoption of Ordinance 1974. During
the May 22 and June 22 meetings the City Commission made several motions to amend the ordinance.
Because of the extent of these amendments, the City Attorney recommended the ordinance be
redrafted and presented again for its consideration and provisional adoption. Included in the motions to
amend adopted by the Commission were the prohibition of Type-3 STRs in all residential zoning districts,
and direction to staff to draft provisions to “grandfather” existing STRs already in operation so that they
may register and comply with the STR standards set out in the proposed ordinance. The staff
memorandum from that policy discussion can be found here.
Ultimately, Ordinance 1974 was finally adopted on September 11, 2017 by the City Commission. The
staff memorandum from that meeting can be found here. Short term rental regulations can be found in
Section 38.360.260 of the Bozeman Municipal Code.
Previous Public Outreach Efforts
Substantial outreach to the community leading up to final adoption of Ordinance 1974, resulted in
participation from hundreds of persons through surveys, attendance at meetings, and written
comments. The comments were wide ranging in the topics and diverse in preferences. The comments
were almost evenly divided whether to approve or disapprove of STR regulations.
In 2016, City staff began the community engagement processes on short-term rentals. During that time,
the City conducted a survey. The City received 768 survey responses. Survey highlights included:
• 73.4% believed there are STRs in their neighborhood
• 84.1% believed STR properties are usually well cared for
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• 47% believed there are fewer empty/dark houses in their neighborhood
• 47% believed that it’s an opportunity to meet new people
• 64.6% were concerned with parking
• 56.3% were concerned with the effect on the supply of housing
• 43.8 % were concerned with changes to the character of their neighborhood and noise
• 61.6% agreed there should be a permit and fee for operating a STR
• 63.8% agreed there should be a limit on the number of guests
• 79.1% agreed there should be a local property manager or responsible person
• 44% own or operate an STR to make additional income
• 35% to pay the mortgage
• 21% because they live there part-time and don’t want to leave it empty
• 73.4% felt STRs should be allowed in all city residential zoning districts
The City also led three public engagement meetings in 2017, which were scheduled on different days of
the week in the evening and in three different locations in an effort to boost attendance. The
community forums were attended by 103 people. Attendees were asked about the following five issues:
1) STR regulations; 2) enforcement of STRs; 3) the business of STRs; 4) the impact that STRs have on a
neighborhood and; 5) the economic impact of STRs. The attendees then offered their thoughts on their
“worst fears” related to those issues and what they thought the “best outcome” would be. A record of
feedback received at these public forums can be found in Attachment 1.
In addition to extensive public outreach conducted prior to the initiation of the formal text amendment,
many public comments were received during the process. The City of Bozeman received nearly 200
public comments leading up to final adoption of Ordinance 1974. All public comment received during
2016 can be found here, and comments received in 2017 can be found here.
The City’s Regulatory Structure for STRs
Ordinance 1974 defines a short-term rental as a transient occupancy having the following
characteristics:
a. The period of occupancy is less than 28 consecutive days;
b. The renter has a principal residence other than the STR; and
c. The STR is furnished with personal property necessary to make thee unit ready for immediate
occupancy by the renter.
STRs are classified in three separate categories. 1) Type-1 STRs have one or more bedrooms in an
owner-occupied dwelling while the owner is occupying the same dwelling unit for the entire rental
period. 2) Type-2 STRs are owner-occupied dwellings, accessory dwelling unit (ADU) or duplex where the
owner is not occupying the dwelling during the entire rental period. 3) Type-3 STRs are any short-term
rental that is not owner occupied. An owner may operate an STR in al zoning districts where such use is
authorized in Chapter 38 of the Bozeman Municipal Code.
The maximum occupancy of a Type-2 or Type-3 STR is two persons per bedroom plus two additional
persons, except that this number may be reduced by the city based on available parking spaces. The
maximum occupancy will be noted on the STR registration and must be included in the list of STR rules.
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The owner of a Type-1 STR may rent or offer for rent up to two bedrooms in the dwelling, except that in
a two-bedroom dwelling, only one bedroom may be rented or offered for rent. No other area of the
dwelling may be rented or offered for rent. The maximum occupancy of a Type-1 STR is two persons per
bedroom.
It is unlawful for any person to operate an STR within the city without having first registered the rental
with the Department of Community Development. A separate registration is required for each short-
term rental. The applicant must complete and submit an application for an STR registration to the
Department of Community Development using a form provided by the city. The form will include an
acknowledgment and agreement the STR meets and will continue to meet the definition of STR
classification (Type-1, Type-2, or Type-3) during the registration term. Before the application will be
accepted by the Director, the applicant must provide:
a. The name, telephone number, address, and email address of all property owners and of the
responsible person, if different. If the property owner is a business, the name(s) and contact
information of all business owners must be provided.
b. The Montana Department of Revenue tax registration number for the short-term rental.
c. A sketch plan with a description of the STR, including street address, number of bedrooms, and
number of off-street parking spaces available for guests’ use.
d. Certification the STR meets and will continue to meet the definition of STR classification (Type-1,
Type-2, Type-3) during the registration term.
e. For Type-2 and Type-3 STRs, certification the applicant has read and understood the standards
in subsection I of section 38.360.260 and the property applied for meets the standards.
f. For Type-2 STRs in residential zoning districts, certification that residents adjacent to the
proposed STR have been provided written notice in accordance with subsection 6 of section
38.360.260.
g. The registration fee and fire inspection fee.
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Once the applicant submits the completed application form, all required materials, and registration and
inspection fees, the Director of the department of community development will review the application
form and submittal materials and determine whether the STR meets all city requirements for
registration. The applicant must also provide either a signed pre-operational inspection report from the
health department indicating the STR may operate as a public accommodation or a valid and current
public accommodation license issued by the state of Montana department of health and human
services.
Prior to issuance of an STR registration, an inspection by the City Fire Department must be completed
and signed off by a city fire inspector. If an STR registration lapses for any period of time, upon
reapplication for registration an inspection must be completed and signed off before the STR
registration will issue. The city has the right to suspend operation of any STR when the city determines
the rental is causing or contributing to an imminent public health or safety hazard.
Short Term Rental Research
The prevalence of STRs has grown over the past few years with very little data on how many actually exist
in Montana, and how, generally throughout Montana, STRs are regulated. According to the 2021 State of
Short Term Rental in Montana report from the Institute for Tourism and Recreation Research (ITRR), in
2020, there were over 12,000 STRs active in Montana, with Flathead and Gallatin showing the highest
numbers, at 2,814 and 2,524 respectively. Madison and Park Counties have more STRs per number of
households in those counties than all other counties in Montana.
According to the report, there is no evidence STRs negatively impact either the residential housing
market or commercial hotel market. Rather, case studies provided some initial evidence that STRs may
support homeownership for individuals and families by effectively providing revenue to local
neighborhoods, and lead to market creation in the area of diverse accommodations. Income earned
from STRs helps local hosts pay for regular household expenses like rent, groceries and the mortgage.
Conversely, research cited from the ITRR report suggests that unregulated STRs may cause rent
increases, reduce the housing supply, and exacerbate segregation. In addition, some of the revenue
generated by STRs may not stay in the local economy. Anecdotally, with the rise in out-of-state property
owners and investment companies renting out second homes or purchasing property exclusively for the
use of renting out short term to vacationers, there is growing concern from community members that
the local workforce is being squeezed out of the housing market all together.
As mentioned in the ITRR report, there are a complex set of factors contributing to increased rents and
price of home-ownership. While the number of STRs may be increasing over time, and the cost housing
is also increasing during that same time period, there is no evidence to suggest that the increase in STRs
is causing an increase in housing costs.
The ITRR report suggests there are both positive and negative effects of STRs on communities. Positive
STR impacts include increased financial well-being for hosts and more vacation rental opportunities for
guests. However, in some locations, STRs may limit housing availability and contribute to increased rent
and housing costs. Although STRs bring economic benefits to communities, when unregulated, short term
rentals may put additional housing pressure on those communities. Many local governments are
proposing effective and enforceable regulations to protect communities, local economies, and housing
availability.
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City of Bozeman Community Housing Needs Assessment
According to the Community Housing Needs Assessment, housing vacancy rates have dropped from an
average of 30 percent down to 1 percent. Not only is housing supply low, but units at lower price points
for residents are being lost. Available data from the City and property manager interviews show that
property managers have lost long-term rentals when owners have sold their homes in the strong seller’s
market and, to a much lesser extent, rentals converting to sort-term rentals. For more information,
please view the Community Housing Needs Assessment here.
Bozeman Community Housing Action Plan
The Bozeman Community Housing Action Plan (CHAP) presents a set of actions that address a range of
community housing needs. The plan prioritizes 17 strategies for implementation. One of the 17
strategies identified is the on-going monitoring of the City’s STR regulations, adopted in 2017. Part of
that on-going strategy includes prohibiting or limiting the use of homes for STRs in specified
neighborhoods or zones; placing resident-occupancy requirements on units that are rented short-term
(e.g., rent bedroom only, ADU and primary home cannot both be an STR, etc.); require registration and
charge fees; or other options. For more information, please view the CHAP here.
Policy Options
Cap Short Term Rentals
The City Commission could consider capping the total number of short-term rental units. This can be
achieved either by implementing a cap based on the overall housing supply, or by capping the quantity
of STRs at a specified number. A cap is very difficult to administer. Tracking the total number of legal
rentals as units move on and off the market is burdensome. A cap increases the value of existing short-
term rentals by artificially limiting their supply. Staff does not recommend the use of a cap.
Limiting by Zoning or STR Type
The City also has the option of limiting or prohibiting STRs by zone or by type. Limiting STRs in certain
districts, such as lower-density residential districts for example, allows the City to better manage the
proliferation of STRs in areas that are not favorable to STRs. Limiting or prohibiting STRs by type, such as
Type-3 STRs for example, can allow the City to ensure that the original intent of STRs, as a home sharing-
model, can allow local residents to continue to earn additional income to pay the mortgage, while
effectively limiting the number of second home and investment properties.
The City Commission could consider the type of STRs allowed in various zoning districts, or consider
limiting new permits in these districts. Such limitations on new permits function differently than a cap in
that only existing rentals would be legal and non-conforming while the total supply of STRs would likely
decline gradually through attrition.
Compliance
One policy option that has seen success in other communities is to improve compliance with existing
regulations by placing more of the burden for compliance on the STR platforms. The City could require
STR listing platforms like Airbnb and VRBO to report all STR listings advertised on the platform. In this
way, the City will be better able to monitor the compliance of active STRs and ensure the regulatory
requirements are being met.
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Fees
The City Commission will also need to consider increasing fees in relation to the cost of running an STR
program. The administration and compliance implementation of an updated STR program will require
sufficient funding in order to be successful. City staff will also explore the option of contracting with a
new host compliance software vendor in order to help manage the tracking and monitoring of STRs
operating within Bozeman City limits.
Summary
In 2016, the City Commission implemented a short-term rental program at the direction of the City
Commission. In 2022, the City Commission placed this issue back on the City’s list of priorities. This work
session is an opportunity for the City Commission to have a policy discussion on the primary question at
hand – will further restrictions on short-term rental regulations lead to an increase in long-term rental
housing supply in Bozeman? Based on the City Commission’s direction, staff will take the appropriate
action to further research STR regulations and provide recommendations to the City Commission at that
time.
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R-O
R-S
R-2
R-3
R-4
R-2
R-O
R-O
R-2
R-3
R-4
R-O
R-3
R-3
R-3
R-2
R-2
R-O
B-1
B-1
R-4
R-5
R-2
R-3
R-S
R-2
R-O
R-3
B-1
R-3
R-2
R-O
M-1
R-5
R-2
R-2
B-1
R-3
R-O
R-1
R-2
R-1
R-2
R-S
B-1
R-S
INTERSTATE 90 HWY
DURSTON RD S 19TH AVE STUCKY RD N 19TH AVE DAVIS LN GOOCH HILL RD FRONTAGE RD
HUFFINE LN
W MAIN ST FOWLER LN E VALLEY CENTER RD N 7TH AVE BAXTER LN STORYMILLRDW OAK ST
BIG GU L C H D R
COTTONWOOD RD SOURDOUGH RD S 11TH AVE MANLEY RD BLACKWOOD RD S 3RD AVE FORT ELLIS RD W COLLEGE ST
W KOCH ST
M
CI
LHATTANR
D
FALLON ST L ST HIGHLAND BLVD E MAIN ST HARPER PUCKETT RD HAGGERTY LN N ROUSE AVE W KAGY BLVD TAYABESHOCKUP RD S 4TH AVE E KAGY BLVD S 5TH AVE N 15TH AVE BRIDGER DR EGRAFSTW GARFIELD ST S 6TH AVE ANNIE ST S CHURCH AVE S GRAND AVE N25THAVES WILLSON AVE TSCHACHE LN
MCGEEDRBRIDGER CANYON RD PAINTEDHILLSRDCATTAIL ST
BOZEMAN TRAIL RD
W STORY ST
RED WING DR N 27TH AVE N 5TH AVE ROSE ST HUNTERSWAYBOH
AR
T
L
N
MEAGHER AVE FEN WAY S 8TH AVE EL L I S S TS 15TH AVE CANARY LN N 17TH AVE CEDAR ST
RAVALLI ST
W OLIVE ST
E GRIFFIN DR
SIM
M
O
N
S
L
N
S 7TH AVE W BEALL ST SANDERS AVE W ALDERSON ST
W CURTISS ST HIDDEN VALLEY RD S ROUSE AVE FLANDERS MILL RD SPRINGHILLRDROBIN LNS 9TH AVE KAGY RD
W GRANT ST CHAPMAN RD W LAMME ST N COTTONWOOD RD N BLACK AVE HILLSIDE LN
EQUESTRIAN LN
CATRON ST S 10TH AVE S COTTONWOOD RD BLUEBIRD LN N TRACY AVE N GRAND AVE STUBBS LN IDA AVE E LAMME ST
S BLACK AVE FRONT
ST
W BABCOCK ST
JAGAR LN
VALLEYRIDG E R DWATTS LN VALLEYDRS 20TH AVE N WALLACE AVE RESORT DR PEACE P IP E DR
W HARRISON ST
OLDFARMRD
W LINCOLN ST SIMMENTAL WAY W GRAF ST BUCKRAKEAVES 23RD AVE KURK DR ARNICADRCHERRYDRB O Y L A N RD
N 20TH AVE TOOLE ST PLUM AVE THOMAS DR N 9TH AVE N BOZEMAN AVE WESTRIDGEDRN 3RD AVE ARNOLD ST
ANNIE ST N22N D A VE N 14TH AVE WAGONWHEELRDLILY D R
TETON AVE N 10TH AVE N 11TH AVE URSASTW MENDENHALL ST
KIMBERWICKE ST
N CHURCH AVE KENYO
N
D
R
Q U I N N D A VIDLNADVANCE DR W PEACH ST
ROCKY RD
OLIVER ST
W VILLARD ST
HOLLY DR N WILLSON AVE MAX AVE FAIRWAYDRF I S H H A T C H E R Y RDLONGHORN
RD
FIELDSTONE DR WWINDWARDAVEDULO
H
ERYL
NBROOKDALE DR MINERAL AVE WARBLER WAY
E TAMARACK ST
TROOPERTRL
E MENDENHALL ST
RENOVA LN CAMPBELLRDW GRIFFIN DR S TRACY AVE B R E E Z E LN
GARDNERPAR K DR
DONNA A VE
GOLDENSTEIN LN S FERGUSON AVE SHERIDAN AVE EOAKST
STAFFORD AVE N FERGUSON AVE B
R
A
SS
L
A
N
T
E
R
N
CTNEW HOLLAND DR FLATHEAD AVE PARKWAYAVEE STORY ST RIDGETRLSPRINGCREEKDRCATAMOUNT ST N BROADWAY AVE W TAMARACK ST
E PEACH ST YELLOWSTONE AVE MEAH LN N MONTANA AVE STORY HILL RD BOULDER BLVD MICHAELGROVEAVEE GARFIELD ST S YELLOWSTONE AVE PERKINSPLGOL DEN TROUT WAY
BROADWATER ST
KERMODI ST
WROCKYCREEKRD
BOYLAN RD
A L P H A D R SACCO DR D O GW OO D D R
FARM A L L S T
L
O
M
AS DR
G R E E K W AYJOES WAY DAISY DR
CAMBRIDGE DR
R
IV
ERSIDE DR
BENNETTDRPATRICK ST NELSON RD ERIK DRN 24TH AVE ROSA WAY S 27TH AVE A SH D R N 12TH AVE HITCHINGP OST RDREDWOOD DR A
N
NET
T
EP
ARKDRO X F O RDDRHANSON ST EHITCHINGPOSTRDN 16TH AVE N 23RD AVE KIMBALL AVE SOU
R
D
O
U
G
HRIDGERDN SWEETGRASS AVE N YELLOWSTONE AVE TEXAS WAY W HITCHING POST RD E
VE
R
G
R
E
E
NDRWHEAT DR
MANDEVILLE LN
TALONWAY
DONEGAL DR POST DR SADDLECREEKRDS BOZEMAN AVE N4THAVEFOWLER AVE WESTLAKE RD
TRADE WIND LN
BOND ST
R
E
D
T
WIG
LN
MOSS BRIDGE RD CA S C ADE ST TSC H A CHE LN
BUTTONWOODAVEBOOTHIL
L
CTS 15TH AVE LANCE D RTEMPESTCTBOSAL ST
BURKEST
CATAMOUNT ST
HUFFMANLN
C O O KCTE C U R T I S S S T NORTHVIEWSTRAINROPE R D R
W BABCOCK ST
LAREDO DR N 8TH AVE HILLCREST DR AUGUSTA
DR
STAFFANSON RD SNAPDRAGON ST
D I S COVERYDRHIGHLANDC T
SECOR AVE R USTY DUCK LN
NIKLESDR
CONCORD DR MAUSLN
HILL STWATER LILY DR KELLYCANYON RD
MEADOW LN SUNLIGHT AVE EASTWOODDRPARK PL
PEA
R ST SUMMERSETDRTWIN LAKES AVE WHITETAIL RD
MEGHANS WAY S30THAVEK
N
A
A
BDRCANDY LN CYPRESSAVEC
LI
FDENDRMAY FLY ST
GLENWOOD DR
STONE FLY DR SUNDANCEDRE
LMWOODDRBREEZE LN
BEDIVERE BLVD AAJKER CREEK RD
LEXINGTON DR YERGERDRP A L E T T ECTDURHAMAVECHIPSET ST
LOLO WAY
F I E L D S T ONE DRAGATEAVEDANUBELN
J
E
A
NALEI
CTCOLTER AVE VAQUEROPKWYLADUKE ST
SHADOW GLEN DR
GOLD AVELINDLEY PL ICE POND R D
LARAMIE DR
STANFORD DR RAEWAT
E
R
L
N
BENEPE ST ESTES LN TANZANITE DR
SOUTHBRIDGE DR ROSA WAY BLONDIE ST
QUAIL LN
BRYANT ST
E COTTONWOOD ST
HEMLOCK ST
BRENDEN ST CHRISTOPHERWAYFOXCT SUNSET B L V D
MONIDA ST COTTAGE
LN
BRISBIN ST MERIWETHER AVE CARSON PL N PINECREST DR
E ASPEN ST
JACOBS ST
GOLDE NVALLEYDRTILTON ST
LORI LN BRIGGS RD E BABCOCK ST
T E A L CT
STAR LN S 13TH AVE HARRIS ST POND ROW M
OUNTA
I
NASHAVEETHAN WAY
DAFFODIL ST PERCIVAL
PATH
SUNSTONE ST
ALLISON CT
JAMES AVE WHISPER LN JARDINE AVE CASPIAN AVE JESSI
EWAYLEEWARD CT ACCOLA DR
ASPENPO IN TEDRNOSTALGIA LN
DENNISON LN HANLEY AVE RENEE WAY MOONSTONE DR
MAE ST
FIELD ST BRISK CT W MASON ST
CUTTING ST
GLACIER CT
MORROW ST
JONI ST
LEMHI TRAIL DR
CANVAS CT
COBALT CT BRADY AVE CAMPUS BLVD
ARCADIA LN
OPPORTUNITY WAY SHERIDAN PL CAHILL ST
NASH CREEK RD S 18TH AVE S 17TH AVE TRAKKER TRL OAK PARK DR W CLEVELAND ST
ANNIE ST
ANNIE ST
CATRON ST TROOPERT
R
L
EKAGY BLVD
W OAK ST N 7TH AVE N 11TH AVE ANNIE ST
BAXTER LN
W GRAF ST
BLACKWOOD RD S 7TH AVE W BABCOCK ST
W BEALL ST
HUFFINE L N
INTERSTATE 90 HWY FOWLERAVEN FERGUSON AVE E ASPEN ST
W VILLARD ST
FRONTAGE RD N 27TH AVE SBLACKAVES 3RD AVE BOYLAN R D
N ROUSE AVE S 8TH AVE W BABCOCK ST S 27TH AVE CATTAIL ST N 27TH AVE LILY DR
GOLDENSTEIN LN S 3RD AVE Short Term Rental Zoning Districts by Allowed StatusRevised: April 13, 2017
This map was created by theCity of BozemanDepartment of Planningand Community Development ¯1 inch = 833 feet
Intended for Planning purposes onlysome layers may not line up properly.
Green = Principal Use, All typesYellow = Principal Use, Type 1 or Type 2Orange = Principal Use, Type 1 onlyRed = Not Allowed
Current Proposed Ordinance 1974 Type 1 Type 2 Type 3R-S Residential Suburban District Allowed No NoR-1 Residential Single-Household Low Density District Allowed No NoR-2 Residential Two-Household Medium Density District Allowed Allowed NoR-3 Residential Medium Density District Allowed Allowed AllowedR-4 Residential High Density District Allowed Allowed AllowedR-5 Residential Mixed-Use High Density District Allowed Allowed AllowedR-O Residential-Office District Allowed Allowed AllowedRMHResidential Manufactured Home Community District Allowed Allowed AllowedREMUResidential Emphasis Mixed-use District Allowed Allowed AllowedB-1 Neighborhood Business District No No NoB-2 Community Business District Allowed Allowed AllowedB-2M Community Business District - Mixed Allowed Allowed AllowedB-3 Central Business District Allowed Allowed AllowedUMUUrban Mixed-Use District Allowed Allowed AllowedM-1 Light Manufacturing District No No NoM-2 Manufacturing and Industrial District No No NoB-P Business Park District No No NoPLIPublic Lands and Institutions District No No NoNEHMUNortheast Historic Mixed-Use District Allowed Allowed No
District Name
155