HomeMy WebLinkAbout12-13-22 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.Authorize Absence
D.1 Authorize the Absence of Commissioner Madgic (Maas)
E.FYI
F.Commission Disclosures
G.Consent
G.1 Accounts Payable Claims Review and Approval (Armstrong)
G.2 Authorize the City Manager to Sign a Notice of Award to Timberlake Construction for
THE CITY COMMISSION OF BOZEMAN, MONTANA
REGULAR MEETING AGENDA
Tuesday, December 13, 2022
This meeting will be held both in-person and also using Webex, an online videoconferencing system.
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If you are interested in commenting in writing on items on the agenda please send an email to
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Public comments will be accepted in-person during the appropriate agenda items.
You may also comment by visiting the Commission's comment page.
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on cable channel 190.
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construction of the 2023 Downtown Sewer Renovations Project(Gamradt)
G.3 Authorize the City Manager to sign a Conditional Irrevocable Offer of Dedication with
Saccoccia Lands LLC for the Bozeman East Mixed use (19230/19231).(Schultz)
G.4 Resolution 5466, authorizing the City Manager to retire police K9 "Ivan" and to execute an
agreement with Derek Dyk for the transfer of "Ivan"(Swanson)
H.Public Comment
This is the time to comment on any matter falling within the scope of the Bozeman City
Commission. There will also be time in conjunction with each agenda item for public comment
relating to that item but you may only speak once. Please note, the City Commission cannot take
action on any item which does not appear on the agenda. All persons addressing the City
Commission shall speak in a civil and courteous manner and members of the audience shall be
respectful of others. Please state your name and address in an audible tone of voice for the record
and limit your comments to three minutes.
Written comments can be located in the Public Comment Repository.
I.Action Items
I.1 Resolution 5412 Adoption of the Capital Improvement Plan (CIP) for Fiscal Years 2024-
2028(Hodnett)
I.2 Zone Map Amendment requesting to modify the City's zoning map on approximately 40
acres from R-2 (Residential Moderate Density) and R-1 (Residential Low Density) to REMU
(Residential Emphasis Mixed Use) on property located on the southeast corner of South
19th and Graf Street; Application 22279.(Rogers)
I.3 Ordinance 2065, Provisional Adoption of Ordinance 2065 Generally revising the Purchase
and Disposition of Municipal Property(Saverud)
J.FYI / Discussion
K.Adjournment
City Commission meetings are open to all members of the public. If you have a disability that requires
assistance, please contact our ADA Coordinator, Mike Gray, at 582-3232 (TDD 582-2301).
Commission meetings are televised live on cable channel 190 and streamed live at
www.bozeman.net.
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:Taylor Chamber, Deputy City Clerk
Mike Maas, City Clerk
Jeff Mihelich, City Manager
SUBJECT:Authorize the Absence of Commissioner Madgic
MEETING DATE:December 13, 2022
AGENDA ITEM TYPE:Administration
RECOMMENDATION:I move to authorize the absence of Commissioner Madgic
STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver
information to the community and our partners.
BACKGROUND:Commissioner Madgic informed Mayor Andrus and City Manager Mihelich
he would be unable to attend this meeting.
UNRESOLVED ISSUES:None
ALTERNATIVES:As per Commission
FISCAL EFFECTS:None
Report compiled on: December 5, 2022
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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
Melissa Hodnett, Finance Director
SUBJECT:Accounts Payable Claims Review and Approval
MEETING DATE:December 13, 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: December 8, 2022
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Memorandum
REPORT TO:City Commission
FROM:Gamradt
SUBJECT:Authorize the City Manager to Sign a Notice of Award to Timberlake
Construction for construction of the 2023 Downtown Sewer Renovations
Project
MEETING DATE:December 13, 2022
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign the Notice of Award to Timberlake
Construction for construction of the 2023 Downtown Sewer Renovations
Project for the total schedule 1 base bid in the amount of $1,272,482.00
STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a
mechanism to encourage economic development.
BACKGROUND:Attached is a copy of the bid results for the above mentioned project. The
project generally includes: renovating existing sewer mains and manholes
East Main Street, North Bozeman Avenue, South Church Avenue, East
Babcock Street, and North Wallace Avenue, restoring impacted right-of-way
to pre-existing conditions and all related work incidental to construction.
The proposed work will replace failing wastewater collection infrastructure
and decrease the maintenance demands on City Staff.
Bids for the above-referenced project were opened on November 17th with
3 bids being submitted. The lowest bid was submitted by Timberlake
Construction in the amount of $1,272,482.00 for the base bid. The bid
tabulation for the project is attached. In addition to the contract price,
$20,000 has been added for materials testing.
UNRESOLVED ISSUES:None
ALTERNATIVES:Disapprove
FISCAL EFFECTS:This project will be paid for with approved funding from the annual
wastewater pipe replacement fund for fiscal year FY24 and a 1 to 1 matching
grant from the American Rescue Plan Act of 2021
Attachments:
Bid Tab.pdf
Bid Worksheet.pdf
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14-NoticeOfAward.doc
Report compiled on: December 1, 2022
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NAME & ADDRESS
Contractor License
#Bid PriceWestern Municipal
Construction, Inc 5855
Elysian Rd, Billings MT
59101 13329 Yes Yes $ 2,320,132.00 Timberlake Construction
20550 Whittier Dr.
Greenleaf ID 83626 268564 Yes Yes 1,272,482.00$
CK May Excavating PO Box
1426 Belgrade MT 59714 35949 $1,498,760.00
Mike Maas Taylor Chambers
City Clerk Deputy City Clerk
Bid Check:Delivered to Finance:Accepted By:Date:
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City of Bozeman BID - 2023 Downtown Sewer Renovations
These bids were opened and read before the undersigned at 2:30 PM on Wednesday,
NON-
DISCRIMINATION
BID
BOND
Yes Yes
DocuSign Envelope ID: 5B3E81D4-D264-4311-A4C6-DFB1F5FD452D
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2023 Downtown Sewer Renovations (#8270969)Owner: Bozeman MT, City ofSolicitor: Bozeman MT, City of11/17/2022 02:30 PM MSTEngineer Estimate Timberlake Construction CK May Excavating Western Municipal Construction, IncSection Tit Line Item Item Code Item DescrUofM QuantityUnit Price Extension Unit Price Extension Unit Price Extension Unit Price ExtensionSchedule 1 $1,114,637.50 $1,222,482.00 $1,448,760.00 $2,270,135.00101 101 Taxes, BonLS 1 $40,000.00 $40,000.00 $55,000.00 $55,000.00 $50,000.00 $50,000.00 $139,000.00 $139,000.00102 102 MobilizatioLS 1 $200,000.00 $200,000.00 $255,000.00 $255,000.00 $75,000.00 $75,000.00 $105,000.00 $105,000.00103 103 Remove ExEa 10 $1,750.00 $17,500.00 $6,500.00 $65,000.00 $4,000.00 $40,000.00 $1,700.00 $17,000.00104 104 ConnectionEa 4 $1,000.00 $4,000.00 $3,250.00 $13,000.00 $1,750.00 $7,000.00 $3,600.00 $14,400.00105 105 ConnectionEa 8 $1,600.00 $12,800.00 $6,400.00 $51,200.00 $2,250.00 $18,000.00 $4,000.00 $32,000.00106 106 10" SDR 35Ln Ft 401 $125.00 $50,125.00 $145.00 $58,145.00 $130.00 $52,130.00 $605.00 $242,605.00107 107 8" SDR 35 Ln Ft 1636 $120.00 $196,320.00 $105.00 $171,780.00 $125.00 $204,500.00 $532.00 $870,352.00108 108 4' DiameteEa 10 $4,400.00 $44,000.00 $8,500.00 $85,000.00 $7,400.00 $74,000.00 $10,800.00 $108,000.00109 109 4' DiameteVert Ft 67.4 $225.00 $15,165.00 $205.00 $13,817.00 $300.00 $20,220.00 $140.00 $9,436.00110 110 4" & 6" SD Ea 48 $825.00 $39,600.00 $1,300.00 $62,400.00 $1,250.00 $60,000.00 $1,600.00 $76,800.00111 111 4" & 6" SD Ln Ft 60 $110.00 $6,600.00 $85.00 $5,100.00 $180.00 $10,800.00 $300.00 $18,000.00112 112 Bypass PumLS 1 $60,000.00 $60,000.00 $65,000.00 $65,000.00 $70,000.00 $70,000.00$82,000.00 $82,000.00113 113 Cured‐in‐PLn Ft 38 $350.00 $13,300.00 $1,750.00 $66,500.00 $1,750.00 $66,500.00 $1,900.00 $72,200.00114 114 Asphalt CoSq Yd 1096 $60.00 $65,760.00 $65.00 $71,240.00 $115.00 $126,040.00 $132.00 $144,672.00115 115 Colored & Sq Ft 100 $60.00 $6,000.00 $85.00 $8,500.00 $42.00 $4,200.00 $75.00 $7,500.00116 116 Traffic ConLS 1 $80,000.00 $80,000.00 $35,000.00 $35,000.00 $325,000.00 $325,000.00 $90,000.00 $90,000.00117 117 Epoxy PaveGal 10 $500.00 $5,000.00 $457.00 $4,570.00 $600.00 $6,000.00 $250.00 $2,500.00118 118 Epoxy PaveGal 2 $500.00 $1,000.00 $400.00 $800.00 $600.00 $1,200.00 $250.00 $500.00119 119 Flowable BCu Yd 934 $120.00 $112,080.00 $145.00 $135,430.00 $255.00 $238,170.00 $255.00 $238,170.00Miscellaneous Work$50,000.00 $50,000.00 $50,000.00 $50,000.00120 120 MiscellaneEa 50000 $1.00 $50,000.00 $1.00 $50,000.00 $1.00 $50,000.00 $1.00 $50,000.00Base Bid Total: $1,164,637.50 $1,272,482.00 $1,498,760.00 $2,320,135.008
NOTICE OF AWARD
Dated: __________________
TO: Timberlake Construction, LLC.
ADDRESS: 20550 Whittier Drive, Greenleaf, ID 83626
PROJECT: 2023 Downtown Sewer Renovations
CONTRACT FOR: 2023 DOWNTOWN SEWER RENOVATIONS
You are notified that your Bid opened on November17, 2022, for the above Contract has been considered. You are the
apparent Successful Bidder and have been awarded a Contract for the:2023 Downtown Sewer Renovations. The
Contract Price of your Contract is: One Million Two HundredSeventy Two Thousand Four Hundred
Eighty Two & 00/100 ($1,272,482.00).
Three(3)copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. One
(1)set of the contract Documents will be delivered separately or otherwise made available to you immediately.
You must comply with the following conditions precedent within fifteen (15) days of the date you receive this Notice of
Award:
1.You must deliver to the OWNER Three (3)fully executed counterparts of the Agreement including all the
Contract Documents and Drawings.
2.You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instruction to
Bidders (Article 20), and the General Conditions (paragraph 5.01).
3.List other conditions precedent:
You must deliver with the executed Agreement the Certificates of Insurance as specified in the General
Conditions (Article 5) and Supplementary Conditions (paragraphs SC-5.04 and SC-5.06).
Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to
annul this Notice of Award, and to declare your Bid Security forfeited.
Within ten (10) days after you comply with these conditions, OWNER will return to you twofully signed counterpart of
the Agreement with the Contract Documents attached.
CITY OF BOZEMAN, MONTANA ATTEST:
BY: __________________________________BY: ____________________________
(CITY MANAGER)(CITY CLERK)
DATE: _______________________________
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Memorandum
REPORT TO:City Commission
FROM:Mikaela Schultz, Engineer I
Nicholas Ross, Director of Transportation and Engineering
SUBJECT:Authorize the City Manager to sign a Conditional Irrevocable Offer of
Dedication with Saccoccia Lands LLC for the Bozeman East Mixed use
(19230/19231).
MEETING DATE:December 13, 2022
AGENDA ITEM TYPE:Agreement - Property
RECOMMENDATION:Authorize the City Manager to sign a Conditional Irrevocable Offer of
Dedication with Saccoccia Lands LLC for the Bozeman East Mixed use
(19230/19231).
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:Attached is a copy (original to City Clerk) of the partially executed
agreement. Engineering staff reviewed the document and found it to be
acceptable.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:None
Attachments:
Conditional Irrevocable Offer of Dedication
Report compiled on: November 30, 2022
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Memorandum
REPORT TO:City Commission
FROM:Jeff Mihelich, City Manager
Jim Veltkamp, Chief of Police
Joseph Swanson, Police Captain
SUBJECT:Resolution 5466, authorizing the City Manager to retire police K9 "Ivan" and
to execute an agreement with Derek Dyk for the transfer of "Ivan"
MEETING DATE:December 13, 2022
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Approve Resolution 5466 and authorize the City Manager to sign Exhibit A,
Transfer and Hold Harmless Agreement for Police K9 “Ivan.”
STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency
preparedness, facilities, and leadership.
BACKGROUND:
Bozeman Police K9 “Ivan” was purchased and has been owned by the City
since approximately February of 2019.
Since that time, Officer Derek Dyk has had responsibility for the care and
training of “Ivan” during “Ivan’s” service as a police K9 for the City. Officer
Dyk and “Ivan” have been a K9 Team throughout “Ivan’s” years of service for
the City. “Ivan” is scheduled for retirement from police service on
approximately December 31, 2022, due to his age as well as on-going
veterinary issues.
The City agrees that it is in the best interests of all parties that full ownership
and responsibilities of “Ivan” be transferred from the City to Dyk upon
“Ivan’s” retirement.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:None.
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Attachments:
Exhibit A Hold Harmless and Transfer for Ivan.pdf
Resolution 5466 for K9 Transfer.pdf
Report compiled on: November 30, 2022
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Transfer and Hold Harmless Agreement for Bozeman Police canine “Ivan”
TRANSFER OF PROPERTY AND
HOLD HARMLESS AND INDEMNIFICATION AGREEMENT
BETWEEN DEREK DYK AND CITY OF BOZEMAN
This TRANSFER OF PROPERTY AND HOLD HARMLESS AND INDEMINIFICATION
AGREEMENT (the “Agreement”) is made and entered into this ____ day of
____________________, 2022, by and between Derek Dyk, hereinafter called “Dyk,” and the
CITY OF BOZEMAN, a municipal corporation and political subdivision of the State of Montana,
with offices at City Hall, 121 North Rouse Avenue, P.O. Box 1230, Bozeman, MT 59771-1230,
hereinafter called the “City.”
Dyk is a recently retired Bozeman Police Department K9 Officer, who has specific training
and knowledge in the handling of police canines. Dyk acknowledges and accepts all risks
associated with accepting personal ownership of “Ivan,” a Bozeman Police Department canine. As
such, Dyk shall hold the City, its officers, agents and employees, harmless and indemnify the City,
its officers, agents and employees from and against any and all liability, claims, costs, suits, causes
of action, judgments or damages sustained by the City for bodily injury and for injury to or loss of
property resulting from, caused by or rising out of the use and ownership of “Ivan” after the date
of this Agreement.
In addition, Dyk 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 Dyk’s acceptance of
“Ivan.”
In addition, the City hereby transfers all ownership of “Ivan” to Dyk and relinquishes all
rights, title and interest it may have in the animal to Dyk.
#### End of Agreement except for signatures ####
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Transfer and Hold Harmless Agreement for Bozeman Police canine “Ivan”
_____________________________________________ Date: ___________
BY: Derek Dyk
On this _____ day of ___________________, 2022, before me a Notary Public of the State of Montana,
personally appeared Derek Dyk, known to me to be the person that executed the foregoing agreement.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and
year first above written.
_________________________________________________
Notary Public for the State of Montana
_____________________________________________ Date: ___________
BY: Jeff Mihelich
City Manager, City of Bozeman
On this _____ day of ___________________, 2022, before me a Notary Public of the State of Montana,
personally appeared Jeff Mihelich, known to me to be the person that executed the foregoing instrument
as the City Manager of the City of Bozeman, whose name is subscribed to the within instrument and
acknowledged to me that he executed the same for and on behalf of the City of Bozeman.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and
year first above written.
_________________________________________________
Notary Public for the State of Montana
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Page 1 of 2
COMMISSION RESOLUTION NO. 5466
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH DEREK DYK FOR THE TRANSFER
OF “IVAN”, RETIRED POLICE K9.
WHEREAS, “Ivan” is a police duty K9 that has been in service since February 2019,
and will retire from service approximately December 30, 2022; and Derek Dyk is a trained K9
handler who has been certified through the same organization as Bozeman Police K9 handlers and
who is able to take possession and ownership of “Ivan” and;
WHEREAS, the City Commission hereby determines City ownership of “Ivan” is no
longer necessary for the conduct of City business and the best interests of the City and of “Ivan”
require the transfer of ownership of “Ivan” to Dyk pursuant to the attached agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana:
Section 1
The City Commission hereby authorizes the City Manager to sign the attached Agreement
(Exhibit A) and in doing so hereby authorizes the transfer all the City’s rights, title, and interest
it may have in “Ivan” to Dyk.
PASSED AND APPROVED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the _____ day of ________, 2022.
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Resolution 5466 (Transferring Ownership of “Ivan” to Derek Dyk)
Page 2 of 2
___________________________________
CYNTHIA 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:Melissa Hodnett, Finance Director
SUBJECT:Resolution 5412 Adoption of the Capital Improvement Plan (CIP) for Fiscal
Years 2024-2028
MEETING DATE:December 13, 2022
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Move to adopt Resolution 5412, adopting the Capital Improvements Plan
(CIP) for fiscal years 2024 to 2028.
STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable
sources of funding for appropriate City services, and deliver them in a lean
and efficient manner.
BACKGROUND:We are proud to present to you the City of Bozeman, 2024 - 2028 Capital
Improvement Plan (CIP). This five-year CIP is a commitment to improving
and maintaining the City of Bozeman's infrastructure, facilities, parks and
roads to aid in the vision of Bozeman being the most livable place. Staff have
taken a lot of time and care in preparing this document and the proposed
projects and plans. The CIP includes any planned expenditure of $25,000 or
greater, that results in the acquisition of an asset with a useful life of three
years or more, with a few exceptions such as large consulting services type
projects. The five-year plan includes long-range plans for current facilities
while balancing level of service standards, intergenerational equity, and
potential rate/assessment impacts.
The proposed plan can be found on the City's website under Finance and
select Budget and Financial Repots at:
https://www.bozeman.net/government/finance/budget-and-financial-
reports.
The CIP has been presented in compliance with State and municipal code.
State law requires the City to maintain a CIP for Development Impact Fee
Funds. This CIP provides the schedules and cost projections required under
Montana Code Annotated (MCA) 7-6-1602(2). In Article 5.07 of the adopted
City Charter, the City Manager is responsible for preparing and submitting a
multi-year capital program to the City Commission no later than December
15th for the ensuring fiscal year.
The CIP process begins in September of each year, when Finance works in
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coordination with City departments and the City Manager's Office to
recommend projects to the City Commission. The proposed CIP is developed
in coordination with the City's many long-range plans such as the
Transportation Plan and the Water and Sewer Treatment and Collection
Plan. Many of the City's long-term plans establish level of service standards
that are critical to planning for the needs of current and future City
residents. In some cases, such as water quality and wastewater discharge,
standards are established or guided by outside regulating bodies.
Once identified, the five-year CIP is presented to the Commission in stages
which include public hearings and Commission input prior to the final
adoption.
11/22/22 - Introduction & Public Works Funds
12/6/22 - General Fund & Other Special Revenue Funds
12/13/22 - Resolution 5412 Adopting the FY24-FY28 CIP
Adoption of the CIP does not provide budget authority or bind the City in
any way to perform a particular project. The adopted CIP will be used as a
guide in January through June as City staff work through the fiscal year 2024
budget development process. During this time, departments will identify
operational needs, Human Resources and Finance will assist with cost
projections for next year, and more extensive financial modeling will occur
to balance operational needs, capital needs, and revenue projections and
requirements. The result is the City Manager's FY24 Recommended Budget
which is typically presented to the City Commission in May and June and
adopted in June.
UNRESOLVED ISSUES:The planning process for capital purchases and capital infrastructure
happens in many stages. The proposed 2024-2028 CIP is one of the first
stages in that process. It is a planning document that will be used to guide
future budgetary proposals but does not guarantee funding for any specific
project. During budget development for fiscal year 2024, departments will
be identifying operational needs that will require revenues in addition to this
capital plan, and additional financial modeling will occur to balance projects,
debt issuances, and rate/assessment impacts. Projects will not be initiated
unless funding is secured.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:The City's Capital Improvement Plan is a mid-range plan, adopted annually
that identifies five years plus of capital infrastructure projects, equipment
purchases, and other capital purchases that have been identified to maintain
or improve City services. The CIP is a planning document and will be used as
a guide for future budgetary proposals, but it does not guarantee funding for
any specific project or commit the City to future purchases. More extensive
financial models and potential rate impacts will be analyzed during the fiscal
year 2024 budget process and used to guide the City Manager's FY24
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Recommended Budget.
Attachments:
Resolution 5412 - CIP FY24-28.docx
Report compiled on: November 22, 2022
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Version April 2020
RESOLUTION 5412
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA,
WHEREAS,the City of Bozeman Charter Article 5.07 requires the City Manager to
submit a multi-year capital program.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, that: the Capital Improvement Plan for Fiscal Years 2024 to 2028, as attached
hereto and by this reference made a part here to of, is hereby adopted.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 13
th day of December, 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:Tom Rogers, Senior Planner
Anna Bentley, Community Development Director
SUBJECT:Zone Map Amendment requesting to modify the City's zoning map on
approximately 40 acres from R-2 (Residential Moderate Density) and R-1
(Residential Low Density) to REMU (Residential Emphasis Mixed Use) on
property located on the southeast corner of South 19th and Graf Street;
Application 22279.
MEETING DATE:December 13, 2022
AGENDA ITEM TYPE:Community Development - Legislative
RECOMMENDATION:Having reviewed and considered the staff report, application materials,
public comment, and all information presented, I hereby adopt the findings
presented in the staff report for application 22279 and move to recommend
approval of the South 40 Zone Map Amendment, with contingencies
required to complete the application processing.
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:The applicant and property owners, Providence Development, seek to
rezone an existing parcel of approximately 38.4 acres from R-2 (Residential
Moderate Density) and R—1 (Residential Low Density) to REMU (Residential
Emphasis Mixed Use).
The property is on the east side South 19th bounded by West Graf Street on
the north and South 15th Avenue to the east. The Future Land Use Map in
the Bozeman Community Plan (BCP) 2020 designates the property as “Urban
Neighborhood” which includes the REMU district as an implementing zoning
district. Nearby municipal zoning to the south is REMU, R-3 (Residential
Medium Density district) to the west and across South 19th Avenue, and R-1,
and R-2 to the north. The property is undeveloped at this time.
UNRESOLVED ISSUES:There are no identified conflicts on this application at this time.
ALTERNATIVES:1. Approve the application with contingencies as presented;
2. Approve the application with modifications to the recommended
zoning;
24
3. Deny the application based on findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Open and continue the public hearing, with specific direction to staff or
the applicant to supply additional information or to address specific items.
FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds
will be changed by this Annexation or Zone Map Amendment.
Attachments:
22279 South 40 ZMA CC SR.pdf
Report compiled on: November 30, 2022
25
Page 1 of 24
22279 Staff Report for the South 40 Zone Map Amendment
Public Hearing: Community Development Board (Zoning Commission) meeting is on
November 21, 2022
City Commission meeting is on December 13, 2022
Project Description: Zone Map Amendment requesting to modify the City’s zoning map on
approximately 40 acres from R-2 (Residential Moderate Density) and R-1 (Residential
Low Density) to REMU (Residential Emphasis Mixed Use).
Project Location: The subject property is generally located at the southeast corner of
South 19th Avenue and West Graf Street and more particularly described as Lot 1,
Minor Subdivision No. 494, situated in Section 24, Township Two South (T2S),
Range Five East (R5E), P.M.M., Gallatin County, Montana.
Recommendation: Meets standards for approval with terms of annexation and contingencies.
Recommended Community Development Board Motion: Having reviewed and considered
the staff report, application materials, public comment, and all information presented,
I hereby adopt the findings presented in the staff report for application 22279 and move
to recommend approval of the South 40 Zone Map Amendment, with contingencies
required to complete the application processing.
Recommended City Commission Motion: Having reviewed and considered the staff report,
application materials, public comment, recommendation of the Community
Development Board, and all information presented, I hereby adopt the findings
presented in the staff report for application 22279 and move to approve the South 40
Zone Map Amendment.
Report Date:November 30, 2022
Staff Contact: Tom Rogers, Senior Planner
Lance Lehigh, City Engineer
Agenda Item Type: Action - Legislative
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Staff Report for the South 40 Zone Map Amendment, Application 22279 Page 2 of 24
EXECUTIVE SUMMARY
Unresolved Issues
There are no identified conflicts on this application at this time.
Project Summary
The applicant and property owners, Providence Development, seek to rezone an existing parcel
of approximately 38.4 acres from R-1 (Residential Low Density) and R-2 (Residential
Moderate Density) to REMU (Residential Emphasis Mixed Use).
The property is on the east side South 19th bounded by West Graf Street on the north and South
15th Avenue to the east. The Future Land Use Map in the Bozeman Community Plan (BCP)
2020 designates the property as “Urban Neighborhood” which includes the REMU district as
an implementing zoning district. Nearby municipal zoning to the south is REMU, R-3
(Residential Medium Density district) to the west and across South 19th Avenue, and R-1, and
R-2 to the north. The property is undeveloped at this time.
In determining whether the criteria applicable to this application are met, Staff considers the
entire body of plans and regulations for land development. Standards which prevent or mitigate
possible negative impacts are incorporated in many locations in the municipal code but are
principally in Chapter 38, Unified Development Code. References in the text of this report to
Articles, Divisions, or in the form xx.xxx.xxx are to the Bozeman Municipal Code.
The application materials are available on the City’s website in the laserfiche archive.
Public comment has been received on the application. Comment is linked below.
https://weblink.bozeman.net/WebLink/DocView.aspx?id=269141&dbid=0&repo=BOZEMA
N
Community Development Board (Zoning Commission) Summary
The Community Development Board held a public hearing in their capacity as the Zoning
Commission on November 21, 2022. After consideration of the application materials, Staff
report, and public comment the Board forwarded a recommendation to approve the requested
REMU zoning designation the City Commission (6:0).
A video recording can be viewed at the following link:
https://bozeman.granicus.com/player/clip/1919?view_id=1&redirect=true&h=5910bbd43bf7
c2973d95d55c8bc7d0fc
Review begins at time stamp 1:32:15
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Staff Report for the South 40 Zone Map Amendment, Application 22279 Page 3 of 24
No public comment was heard on the application.
Alternatives
1. Approve the application with contingencies as presented;
2. Approve the application with modifications to the recommended zoning;
3. Deny the application based on findings of non-compliance with the applicable criteria
contained within the staff report; or
4. Open and continue the public hearing, with specific direction to staff or the applicant to
supply additional information or to address specific items.
TABLE OF CONTENTS
EXECUTIVE SUMMARY.......................................................................................................1
Unresolved Issues................................................................................................................1
Project Summary .................................................................................................................2
Community Development Board (Zoning Commission) Summary....................................2
Alternatives..........................................................................................................................2
SECTION 1 - MAP SERIES:....................................................................................................4
SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT .....8
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS.........................................8
SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS..............9
PROTEST NOTICE FOR ZONING AMENDMENTS..........................................................19
APPENDIX A - NOTICING AND PUBLIC COMMENT.....................................................20
APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING....................20
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF.............................23
FISCAL EFFECTS..................................................................................................................24
ATTACHMENTS....................................................................................................................24
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Page 4 of 24
SECTION 1 - MAP SERIES:
Map 1: Project Vicinity Map
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Staff Report for the South 40 Zone Map Amendment, Application 22279 Page 5 of 24
Map 2: Project Aerial Vicinity Map
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Staff Report for the South 40 Zone Map Amendment, Application 22279 Page 6 of 24
Map 3: BCP 2020 Future Land Use Map
Subject Property31
Staff Report for the South 40 Zone Map Amendment, Application 22279 Page 7 of 24
Map 4: Aerial Image
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Page 8 of 24
SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP
AMENDMENT
Please note that these contingencies are necessary for the City to complete the process of the
proposed amendment. These contingencies only apply in the event that the related annexation
request has previously been approved.
Recommended Contingencies of Approval:
1. The applicant must submit a zone amendment map, titled “South 40 Zone Map
Amendment”, acceptable to the Director of Public Works, as a PDF which will be utilized
in the preparation of the Ordinance to officially amend the City of Bozeman Zoning Map.
Said map shall contain a metes and bounds legal description of the perimeter of the subject
property including adjacent rights-of-way, and total acreage of the property.
2. That all documents and exhibits necessary to amended municipal zoning designation of
REMU (Residential Emphasis Mixed Use) shall be identified as the South 40 Zone Map
Amendment.
3. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides an editable metes and bounds legal description prepared by a licensed Montana
surveyor.
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS
Having considered the criteria established for a zone map amendment, the Staff recommends
approval as submitted. The Development Review Committee (DRC) considered the
amendment on September 7, 2022. The DRC did not identify any infrastructure or regulatory
constraints that would impede the approval of the application.
The Community Development Board acting in their capacity as the Zoning Commission will
hold a public hearing on this zone map amendment on November 21, 2022 and will forward
its recommendation to the City Commission on the zone map amendment. The meeting will
begin at 6 p.m. in the Commission Room at City Hall, 121 N. Rouse Ave, Bozeman, Montana.
Members of the public will also be able to participate remotely via WebEx. Instructions for
joining the WebEx meeting will be included on the meeting agenda which is published on the
City’s website at least 48 hours prior to the meeting.
The City Commission will hold a public meeting on the zone map amendment on December
13, 2022. The meeting will begin at 6 p.m. in the Commission Room at City Hall, 121 N. Rouse
Ave, Bozeman, Montana, the City Commission will conduct a public hearing on the proposed
Annexation and Zone Map Amendment application. Members of the public will also be able
to participate remotely via WebEx. Instructions for joining the WebEx meeting will be
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Staff Report for the South 40 Zone Map Amendment, Application 22279 Page 9 of 24
included on the meeting agenda which is published on the City’s website at least 48 hours prior
to the meeting.
SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND
FINDINGS
In considering applications for plan approval under this title, the advisory boards and City
Commission must consider the following criteria (letters A-K). As an amendment is a
legislative action, the Commission has broad latitude to determine a policy direction. The
burden of proof that the application should be approved lies with the applicant.
A zone map amendment must be in accordance with the growth policy (criteria A) and be
designed to secure safety from fire and other dangers (criteria B), promote public health, public
safety, and general welfare (criteria C), and facilitate the provision of transportation, water,
sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a
zone map amendment the Commission must find Criteria A-D are met.
In addition, the Commission must also consider criteria E-K, and may find the zone map
amendment to be positive, neutral, or negative with regards to these criteria. To approve the
zone map amendment, the Commission must find the positive outcomes of the amendment
outweigh negative outcomes for criteria E-K.
In determining whether the criteria are met, Staff considers the entire body of plans and
regulations for land development. Standards which prevent or mitigated negative impacts are
incorporated throughout the entire municipal code but are principally in Chapter 38, Unified
Development Code.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Criterion Met. The Bozeman Community Plan (BCP) 2020, Chapter 5, p. 73, in the section
titled Review Criteria for Zoning Amendments and Their Application, discusses how the
various criteria in 76-2-304 MCA are applied locally. Application of the criteria varies
depending on whether an amendment is for the zoning map or for the text of Chapter 38, BMC.
The first criterion for a zoning amendment is accordance with a growth policy.
Future Land Use Map
The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze
compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future land
use map. The introduction to that chapter discusses the importance of the chapter. Following
are some excerpts.
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Staff Report for the South 40 Zone Map Amendment, Application 22279 Page 10 of 24
“Future land use is the community’s fundamental building block. It is an illustration of the
City’s desired outcome to accommodate the complex and diverse needs of its residents.”
“The land use map sets generalized expectations for what goes where in the community.
Each category has its own descriptions. Understanding the future land use map is not
possible without understanding the category descriptions.”
The area of this application is within the anticipated growth area of the City. As shown on the
maps in Section 1, on the excerpt of the current future land use map, the property is designated
as Urban Neighborhood. The Urban Neighborhood designation description reads:
“This category primarily includes urban density homes in a variety of types, shapes,
sizes, and intensities. Large areas of any single type of housing are discouraged. In
limited instances, an area may develop at a lower gross density due to site constraints
and/or natural features such as floodplains or steep slopes. Complementary uses such
as parks, home-based occupations, fire stations, churches, schools, and some
neighborhood-serving commerce provide activity centers for community gathering and
services. The Urban Neighborhood designation indicates that development is expected
to occur within municipal boundaries. This may require annexation prior to
development.
Applying a zoning district to specific parcels sets the required and allowed density.
Higher density residential areas are encouraged to be, but are not required or
restricted to, proximity to commercial mixed use areas to facilitate the provision of
services and employment opportunities without requiring the use of a car.”
The correlation between the future land use map of the growth policy and the zoning districts
is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following
Correlation with Zoning Table excerpt, the REMU district is an implementing district of the
Urban Neighborhood.
The applicant is requesting REMU for the entire property, which is classified as a commercial
and mixed-use zoning designation pursuant to section 38.300.110, BMC. The intent and
purpose of the REMU district is to establish areas within Bozeman that are mixed-use in
character and to provide options for a variety of housing, employment, retail and
neighborhood service opportunities within a new or existing neighborhood. These purposes
are accomplished by a variety of objectives as detailed in Appendix B in this report. In other
words it is a very permissive zoning district.
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Staff Report for the South 40 Zone Map Amendment, Application 22279 Page 11 of 24
Tables 38.310.040.A, B, & C list permitted uses in the REMU district. All types of residential
structures are allowed from accessory dwelling units through apartment buildings, nearly all
type of commercial uses such as retail, medical, offices, restaurants, and convenience uses
are permitted. Industrial uses are limited although light manufacturing is permitted on a
smaller scale.
This zoning district correlates with the principles applied in the Bozeman Community Plan
2020. Many of the ten principles are listed under Basic Planning Precepts of the Plan are
supported by the REMU district For example, the precept that urban design should integrate in
residential and commercial land use activities, multimodal transportation, and open spaces is
supported by the REMU district implementation strategies #5. Secondly, precept that a variety
in housing and employment opportunities are essential is supported by the REMU district
objectives #1 and 4. Third, diverse uses of land should occur relatively close to one another.
This precept is supported by implementation strategy #2, 3, 4 and intent and purpose statement.
Finally, the City intends to create a healthy, safe, resilient, and sustainable community by
incorporating a holistic approach to the design, construction, and operation of buildings,
neighborhoods, and the City as a whole. Developments should contribute to these goals and be
integrated into their neighborhood and the larger community. This goals is implemented by the
zoning districts strategy #3, 4, 5, and 6. Additional harmonious synergies are apparent but
overall, the REMU district is supportive of the BCP 2020.
Goals and Policies
A zoning amendment is also evaluated against the goals and policies of the BCP 2020. Most
of the goals and policies are not applicable to this application. Relevant goals and objectives
have been identified by staff. Conflict with the text of the growth policy hasn’t been identified.
The Short Term Action list on page 63 of the BCP 2020 describes 14 items to implement the
growth policy. The first two relate to direct changes to the zoning map in support of listed
goals and objectives. These include increasing the intensity of zoning districts in already
developed areas. Beginning on page 71 of the BCP 2020 in the section titled Zoning
Amendment Review, the document discusses how the City implements zoning for new areas,
amendments to areas, and revisions to existing text. This section includes a discussion of when
the City may initiate a zoning change to a more intensive district to increase development
opportunities. This section demonstrates that the City, as a matter of policy, is supportive of
more intensive zoning districts and development. It is inconsistent with this approach to zone
at annexation for lower intensities than what infrastructure and planning documents will
support. This policy approach does not specify any individual district but does lean towards
the more intensive portion of the zoning district spectrum.
The applicant provided a thorough analysis of the request in the project narrative. Staff
generally concurs with this argument and adopts it as its own under the assumption that future
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Staff Report for the South 40 Zone Map Amendment, Application 22279 Page 12 of 24
development will substantially meets the intent and purpose of the Urban Neighborhood future
land use designation and the REMU district which is to establish areas within Bozeman that
are mixed-use in character and to provide options for a variety of housing, employment,
retail and neighborhood service opportunities within a new or existing neighborhood
[emphasis added].
Please see “Project Narrative”, page 5 – 9.
https://weblink.bozeman.net/WebLink/Browse.aspx?startid=264024&cr
Excerpts from the narrative.
“Goal N-1: Support well-planned, walkable neighborhoods.
REMU is a mixed-use district zone that would allow for a mix of housing and commercial
uses. Residents would have the opportunity to live, work, and shop in close proximity to where
they live which facilitates walkability. Additionally, it is understood that any future
development will continue all logical extension of the street grid where appropriate. These
street extensions will create blocks that lend themselves to being more walkable in nature. This
neighborhood will also tie into the neighborhoods to the east and south further expanding the
connectivity of this entire area.
N-1.1 Promote housing diversity, including missing middle housing.
N-1.3 Revise the zoning map to lessen areas exclusively zoned for single-type housing.
Outside of the business zoning districts REMU provides the most permitted housing options
which promotes housing diversity. The existing R-1 and R-2 are extremely limited in the
number of housing types allowed. This change to REMU will allow for the creation of density
at a variety of housing types and scales, which isn’t allowed in the current R-1 & R-2 zoning
districts.
N-1.9 Ensure multimodal connections between adjacent developments
Future development of the site will be subject to the City’s Master Site Plan review process
emphasizing multimodal connections between adjacent developments.
N-1.10 Increase connectivity between parks and neighborhoods through continued trail and
sidewalk development. Prioritize closing gaps within the network.
Future development of the site will be subject to the City’s Master Site Plan review process
emphasizing closing gaps within the network of trails and sidewalks. Where logical, extension
of parks and trails will be considered to enhance the overall pedestrian network.
Goal N-2: Pursue simultaneous emergence of commercial nodes and residential development
through diverse mechanisms in appropriate locations.
The REMU zoning district encourages a mix of residential and commercial uses allowing for
the development of a commercial node. The site is adjacent to a principal arterial corridor
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Staff Report for the South 40 Zone Map Amendment, Application 22279 Page 13 of 24
(19th Avenue) and a collector street (Graf Street) which is an appropriate location for a
commercial node to occur.
N-2.1 Ensure the zoning map identifies locations for neighborhood and community
commercial nodes early in the development process.
The REMU zoning district encourages a mix of residential and commercial uses allowing for
the development of a commercial node.
N-2.3 Investigate and encourage development of commerce concurrent with, or soon after,
residential development. Actions, staff, and budgetary resources relating to neighborhood
commercial development should be given a high priority.
The REMU zoning district allows for and encourages the development of commercial uses in
conjunction with a varying mix of residential uses.
Goal N-3: Promote a diverse supply of quality housing units.
N-3.1 Establish standards for provisions of diversity of housing types in a given area.
The REMU zoning designations would allow for a diversity of housing units in contrast to the
current R-1 zoning designation.“
The BCP 2020 makes numerous references to housing diversity as a desired outcome which is
encouraged through the City’s development code. The applicant’s argument for granting the
significant up zone to REMU relies heavily on this the theme of housing diversity compared
to housing types allowed in the R-1 and R-2 zoning districts. There is very little experience
with the type of housing that is ultimately constructed in REMU districts. There is no indication
what character or meaningful housing variety the future development may include in the
project narrative. The City’s development code does not mandate housing variety, only
encourages. Based on historical and current trends, the community is seeing mostly mid-size
to large apartment buildings and single-detached housing typologies.
If housing variety is not included with future development proposals the applicant’s argument
used to justify the zoning change may be spurious. The State prohibits conditioning zone
changes which creates a disconnect between the goals and objective of the Community Plan
and the expectation the governing body uses to justify grating substantial development
entitlement if development does not mimic the aspirational goals described in an application
that are used to justify a change of zoning.
B. Secure safety from fire and other dangers.
Criterion Met. There are no current buildings, however future development will be served by
the Bozeman Fire Department. Fire protection water supply will be provided by the City of
Bozeman water system. The property is not within any delineated floodplain nor does it have
other known natural hazards. Upon annexation the subject property will be provided with City
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Staff Report for the South 40 Zone Map Amendment, Application 22279 Page 14 of 24
emergency services including police, fire and ambulance. Future development of the property
will be required to conform to all City of Bozeman public safety, building and land use
requirements. The City provides emergency services to adjacent properties and no obstacles
have been identified in extending service to this parcel.
C. Promote public health, public safety, and general welfare.
Criterion met. City development standards included in Chapter 38, Unified Development
Code, building codes, and engineering standards all ensure that this criterion is met. Adequate
water and sewer supply and conveyance provide for public health through clean water. Rapid
and effective emergency response provides for public safety. The City’s standards ensure that
adequate services are provided prior to building construction which advances this criterion.
General welfare has been evaluated during the adoption of Chapter 38 and found to be
advanced by the adopted standards. Provision of parks, control of storm water, and other
features of the City’s development standards also advance the general welfare. Compliance
with the BCP 2020 as described in Section 4, Criterion A, shows advancement of the well-
being of the community as a whole. See also Criterion B.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Criterion Met. This property is included in future planning areas. The City conducts extensive
planning for municipal transportation, water, sewer, parks, and other facilities and services
provided by the City. The adopted plans allow the City to consider existing conditions and
identify enhancements needed to provide additional service needed by new development. The
City implements these plans through its capital improvements program that identifies
individual projects, project construction scheduling, and financing of construction.
As stated in 38.300.020.C, the designation of a zoning district does not guarantee approval of
new development until the City verifies the availability of needed infrastructure. All zoning
districts in Bozeman enable a wide range of uses and intensities. At time of future subdivision
or site plan review the need for individual services can be more precisely determined. No
subdivision or site plan is approved without demonstration of adequate capacity.
38.300.020.C, “Placement of any given zoning district on an area depicted on the zoning
map indicates a judgment on the part of the city that the range of uses allowed within
that district are generally acceptable in that location. It is not a guarantee of approval for
any given use prior to the completion of the appropriate review procedure and
compliance with all of the applicable requirements and development standards of this
chapter and other applicable policies, laws and ordinances. It is also not a guarantee of
immediate infrastructure availability or a commitment on the part of the city to bear the
cost of extending services.”
See also comments under Criterion C.
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Staff Report for the South 40 Zone Map Amendment, Application 22279 Page 15 of 24
E. Reasonable provision of adequate light and air.
Criterion Met. The REMU zoning designation has requirements for setbacks, height, and lot
coverage which provide for the reasonable provision of adequate light and air. Any future
development of the property will be required to conform to City standards for setbacks, height,
lot coverage, and buffering.
The form and intensity standards, Division 38.320, provide minimum lot areas, lot widths, lot
coverage and maximum floor area ratios, and prescribe require minimum separation from
property lines and limits building heights. Section 38.520.030 requires building placement to
ensure access to light and air. Division 38.420 and Section 38.520.060 require dedication of
parks and on-site open spaces to meet needs of residents. The standards provide a reasonable
provision of adequate light and air.
In addition to the zoning standards, adopted building codes contain more detailed requirements
for air circulation, window placement, and building separation that further ensure the intent of
this criterion is satisfied.
F. The effect on motorized and non-motorized transportation systems.
Criterion met. The property is adjacent to a designated collector street and a principal arterial
according to the Bozeman Transportation Plan, 2017 Update. To meet the adopted standards
of 38.400, when a development is proposed, it will be responsible for frontage improvements
along South 19th, West Graff Street, and local streets to connect to the existing street grid.
Future development will be required to provide these improvements which will enhance the
city’s motorized and non-motorized transportation systems. Local streets will be laid out and
constructed as development proceeds. Sidewalks and bike facilities are minimum standards
and will be constructed as needed.
There is no addresses assigned to the subject property at this time. Hope Lutheran Church on
the west side of South 19th has a Walk Score 2 and a bike score of 49. The nearest home site
to the east is addressed at 1415 Brookdale Drive to the east shows a Walk Score of 6. According
to Walk Score® the walks score measures the walkability of any address based on the distance
to nearby places and pedestrian friendliness.
90 – 100 Walker’s Paradise. Daily errands do not require a car.
70 – 89 Very Walkable. Most errands can be accomplished on foot.
50 – 69 Somewhat walkable. Some errands can be accomplished on foot.
25 – 49 Car-Dependent. Most errands require a car.
0 – 24 Car-Dependent. Almost all errands require a car.
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Staff Report for the South 40 Zone Map Amendment, Application 22279 Page 16 of 24
These values are provided by Walk Score, a private organization which presents information
on real estate and transportation through walkscore.com. The algorithm which produces these
numbers is proprietary. A score is not an indication of safety or continuity of services or routes.
Scores are influenced by proximity of housing, transit, and services and expected ability, as
determined by the algorithm, to meet basic needs without using a car. Sites located on the edge
of the community have lower scores than those in the center of the community as the area is
still under development and therefore diversity of uses is less than in fully established areas.
There are no adopted development standards relating to the walk score.
G. Promotion of compatible urban growth.
Criterion Met. The intent and purpose of the REMU is to establish areas within Bozeman that
are mixed-use in character and to provide options for a variety of housing, employment, retail
and neighborhood service opportunities within a new or existing neighborhood. Although
the character of the area is emerging it is designated as Urban Neighborhood in the BCP, 2020.
Illustrated in the map series above a variety of zoning district are in the area. These include
low density residential through high density and additional REMU zoning. The Blackwood
Groves development is directly to the south of this property which includes 120 acres of
REMU. All zoning districts in the immediate vicinity are residential in character.
Use of this residential emphasis mixed-use zone is appropriate for areas adjacent to a variety
of land uses focused on residential activity yet can stand alone to develop its own neighborhood
character, as described in the REMU intent and purpose statement.
Creating a more dense residential development with commercial services adjacent to a higher
intensity commercial area is a compatible use. In addition, the proposed zoning is in
accordance with the Bozeman Community Plan’s future land use designation of Urban
Neighborhood.
H. Character of the district.
Criterion Met. The proposed REMU zoning promotes the character of the district as the
intent of the Residential Emphasis Mixed-use District is to:
“… establish areas within Bozeman that are mixed-use in character and to provide
options for a variety of housing, employment, retail and neighborhood service
opportunities within a new or existing neighborhood.” Described in Appendix B
below the district employs nine aspirational statements to encourage developers to
design and construct developments that meet the intent and purpose of the district.
1. Emphasizing residential as the primary use, including single household dwellings,
two to four household dwellings, townhouses, and apartments.
2. Providing for a diverse array of neighborhood-scaled commercial and civic uses
supporting residential.
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Staff Report for the South 40 Zone Map Amendment, Application 22279 Page 17 of 24
3. Emphasizing a vertical and horizontal mix of uses in a compact and walkable
neighborhood setting.
4. Promoting neighborhoods that:
a. Create self-sustaining neighborhoods that will lay the foundation for healthy
lifestyles;
b. Support compact, walkable developments that promote balanced transportation
options;
c. Have residential as the majority use with a range of densities;
d. Provide for a diverse array of commercial and civic uses supporting residential;
e. Have residential and commercial uses mixed vertically and/or horizontally;
f. Locate commercial uses within walking distance;
g. Incorporate a wider range of housing types; and
h. Encourage developments that exhibit the physical design characteristics of
vibrant, urban, and pedestrian-oriented complete streets.
5. Providing standards and guidelines that emphasize a sense of place:
a. Support or add to an existing neighborhood context;
b. Enhance an existing neighborhood's sense of place and strive to make it more
self-sustainable;
c. Encourage a new neighborhood commercial center(s) with a unique identity and
strong sense of place;
d. Develop commercial and mixed-use areas that are safe, comfortable, and
attractive to pedestrians; and
e. Reinforce the principle of streets as public places that encourage pedestrian and
bicycle travel, transit, on-street parking and physical elements of complete
streets.
6. Providing standards and guidelines that emphasize natural amenities:
a. Preserve and integrate the natural amenities into the development; and
b. Appropriately balance a hierarchy of both parks and public spaces that are
within the neighborhood.
7. Providing standards and guidelines that emphasize the development of centers:
a. Group uses of property to create vibrant centers;
b. Where appropriate create a center within an existing neighborhood;
c. Facilitate proven, market driven projects to ensure both long and short-term
financial viability;
d. Allow an appropriate blend of complementary mixed land uses including, but
not limited to, retail, offices, commercial services, restaurants, bars, hotels,
recreation and civic uses, and housing, to create economic and social vitality;
e. Foster the master plan development into a mix of feasible, market driven uses;
f. Emphasize the need to serve the adjacent, local neighborhood and as well as the
greater Bozeman area; and
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Staff Report for the South 40 Zone Map Amendment, Application 22279 Page 18 of 24
g. Maximize land use efficiency by encouraging shared use parking.
8. Promoting the integration of action:
a. Support existing infrastructure that is within and adjacent to REMU zones;
b. Encourage thoughtfully developed master planned communities;
c. Provide flexibility in the placement and design of new developments and
redevelopment to anticipate changes in the marketplace;
d. Provide flexibility in phasing to help ensure both long and short term financial
viability for the project as a whole;
9. Providing standards and guidelines that promote sustainable design:
Use of this zone is appropriate for sites at least five acres in size and areas located
adjacent to an existing or planned residential area to help sustain commercial uses
within walking distance and a wider range of housing types
With such a broad intent and purpose statement is difficult to find the REMU district would
not be promotive of a districts character. The applicant states the obvious that the REMU
district, “will allow for similar and additional compatible uses and allow for increased
residential density and small scale retail and restaurants…” However, other residential zoning
districts allow the same residential structure types and densities as the REMU district. The
REMU district allows great latitude for large scale commercial use as described in Table
38.310.040.A and B. Retail uses are limited as proportion of the master planned site, there is
no restrictions to convenience uses, offices, general service use, short term rentals, although
hotels are limited to 40,000 square feet.
Section 76-2-302, MCA says “…legislative body may divide the municipality into districts of
the number, shape, and area as are considered best suited to carry out the purposes [promoting
health, safety, morals, or the general welfare of the community] of this part.” Emphasis added.
This proposal amends the zoning map and not the text. Therefore, no element of this
amendment modifies the standards of any zoning district. The character of the districts as
created by those standards remains intact.
As noted above, the City Commission has latitude in considering the geographical extents of a
zoning district. Application of any municipal zoning district to the subject property will alter
the existing agricultural character of the subject property. It is not expected that zoning freeze
the character of an area in perpetuity. Rather, it provides a structured method to consider
changes to the character.
The City has defined compatible development as:
“The use of land and the construction and use of structures which is in harmony with
adjoining development, existing neighborhoods, and the goals and objectives of the
city's adopted growth policy. Elements of compatible development include, but are not
limited to, variety of architectural design; rhythm of architectural elements; scale;
intensity; materials; building siting; lot and building size; hours of operation; and
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Staff Report for the South 40 Zone Map Amendment, Application 22279 Page 19 of 24
integration with existing community systems including water and sewer services,
natural elements in the area, motorized and non-motorized transportation, and open
spaces and parks. Compatible development does not require uniformity or monotony
of architectural or site design, density or use.”
The City has adopted many standards to identify and avoid or mitigate demonstrable negative
impacts of development. These will support the ability of future development in REMU to be
compatible with adjacent development and uphold the residential character of the area. As
noticed in the growth policy under discussion of this criterion a local street is considered an
adequate separation between different uses and districts to minimize impacts, see page 77 of
the Bozeman Community Plan 2020.
Two areas in the vicinity are zoned REMU. The addition of this 40 acre property will result
in a total of 290 acres of REMU in the area.
I. Peculiar suitability for particular uses.
Criterion Met. The property is located adjacent to residential and commercial uses which the
REMU envisions a combination of. The site is well located in relation to utilities and
transportation. Proximity of housing to significant services and employment is encouraged in
the growth policy. The proposed REMU zoning designation is suitable for the property’s
location and adjacent uses.
J. Conserving the value of buildings.
Neutral. There are no existing buildings on the subject property. The amendment is for the
zoning map and does not alter allowed uses on adjacent property.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Criterion Met. The proposed REMU zoning designation will encourage the most appropriate
use of land as the property is adjacent to both residential and commercial uses. There is access
to the city’s services, including streets, thus is able to support a higher intensity of uses as
allowed within the REMU zoning district. Furthermore, the proposed REMU zoning
designation is consistent with the BCP 2020 future land use map designation of “Urban
Neighborhood”.
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE
OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT
AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A
PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT
BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING
MEMBERS OF THE CITY COMMISSION.
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Staff Report for the South 40 Zone Map Amendment, Application 22279 Page 20 of 24
The City will accept written protests from property owners against the proposal
described in this report until the close of the public hearing before the City Commission.
Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property
within the area affected by the proposal or by owner(s) of real property that lie within 150 feet
of an area affected by the proposal. The protest must be in writing and must be signed by all
owners of the real property. In addition, a sufficient protest must: (i) contain a description of
the action protested sufficient to identify the action against which the protest is lodged; and (ii)
contain a statement of the protestor's qualifications (including listing all owners of the property
and the physical address), to protest the action against which the protest is lodged, including
ownership of property affected by the action. Signers are encouraged to print their names after
their signatures. A person may in writing withdraw a previously filed protest at any time prior
to final action by the City Commission. Protests must be delivered to the Bozeman City
Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230.
APPENDIX A - NOTICING AND PUBLIC COMMENT
Notice was published in the Bozeman Daily Chronicle on November 6 and 13, 2022. The
notice was posted on site and notices mailed by the applicant as required by 38.220 and the
required confirmation provided to the Planning Office. Notice was provided at least 15 and not
more than 45 days prior to any public hearing.
As of the writing of this report on November 30, 2022, one written comments has been received
on this application. Link to comment:
https://weblink.bozeman.net/WebLink/DocView.aspx?id=269141&dbid=0&repo=BOZEMA
N
APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted Growth Policy Designation:
The property is designated as “Urban Neighborhood” in the Bozeman Community Plan 2020.
“This category primarily includes urban density homes in a variety of types, shapes,
sizes, and intensities. Large areas of any single type of housing are discouraged. In
limited instances, an area may develop at a lower gross density due to site constraints
and/or natural features such as floodplains or steep slopes. Complementary uses such
as parks, home-based occupations, fire stations, churches, schools, and some
neighborhood-serving commerce provide activity centers for community gathering and
services. The Urban Neighborhood designation indicates that development is expected
to occur within municipal boundaries. This may require annexation prior to
development.
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Staff Report for the South 40 Zone Map Amendment, Application 22279 Page 21 of 24
Applying a zoning district to specific parcels sets the required and allowed density.
Higher density residential areas are encouraged to be, but are not required or restricted
to, proximity to commercial mixed use areas to facilitate the provision of services and
employment opportunities without requiring the use of a car.”
Proposed Zoning Designation and Land Uses:
The applicant has requested zoning of REMU, Residential Emphasis Mixed Use District
whose intent is to:
Residential emphasis mixed-use zoning district (REMU). The intent and purpose of the
REMU district is to establish areas within Bozeman that are mixed-use in character and to
provide options for a variety of housing, employment, retail and neighborhood service
opportunities within a new or existing neighborhood. These purposes are accomplished by:
1. Emphasizing residential as the primary use, including single household dwellings,
two to four household dwellings, townhouses, and apartments.
2. Providing for a diverse array of neighborhood-scaled commercial and civic uses
supporting residential.
3. Emphasizing a vertical and horizontal mix of uses in a compact and walkable
neighborhood setting.
4. Promoting neighborhoods that:
i. Create self-sustaining neighborhoods that will lay the foundation for healthy
lifestyles;
j. Support compact, walkable developments that promote balanced transportation
options;
k. Have residential as the majority use with a range of densities;
l. Provide for a diverse array of commercial and civic uses supporting residential;
m. Have residential and commercial uses mixed vertically and/or horizontally;
n. Locate commercial uses within walking distance;
o. Incorporate a wider range of housing types; and
p. Encourage developments that exhibit the physical design characteristics of
vibrant, urban, and pedestrian-oriented complete streets.
5. Providing standards and guidelines that emphasize a sense of place:
f. Support or add to an existing neighborhood context;
g. Enhance an existing neighborhood's sense of place and strive to make it more
self-sustainable;
h. Encourage a new neighborhood commercial center(s) with a unique identity and
strong sense of place;
i. Develop commercial and mixed-use areas that are safe, comfortable, and
attractive to pedestrians; and
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Staff Report for the South 40 Zone Map Amendment, Application 22279 Page 22 of 24
j. Reinforce the principle of streets as public places that encourage pedestrian and
bicycle travel, transit, on-street parking and physical elements of complete
streets.
6. Providing standards and guidelines that emphasize natural amenities:
c. Preserve and integrate the natural amenities into the development; and
d. Appropriately balance a hierarchy of both parks and public spaces that are
within the neighborhood.
7. Providing standards and guidelines that emphasize the development of centers:
a. Group uses of property to create vibrant centers;
h. Where appropriate create a center within an existing neighborhood;
i. Facilitate proven, market driven projects to ensure both long and short-term
financial viability;
j. Allow an appropriate blend of complementary mixed land uses including, but
not limited to, retail, offices, commercial services, restaurants, bars, hotels,
recreation and civic uses, and housing, to create economic and social vitality;
k. Foster the master plan development into a mix of feasible, market driven uses;
l. Emphasize the need to serve the adjacent, local neighborhood and as well as the
greater Bozeman area; and
m. Maximize land use efficiency by encouraging shared use parking.
8. Promoting the integration of action:
e. Support existing infrastructure that is within and adjacent to REMU zones;
f. Encourage thoughtfully developed master planned communities;
g. Provide flexibility in the placement and design of new developments and
redevelopment to anticipate changes in the marketplace;
h. Provide flexibility in phasing to help ensure both long and short term financial
viability for the project as a whole;
9. Providing standards and guidelines that promote sustainable design:
Use of this zone is appropriate for sites at least five acres in size and areas located adjacent
to an existing or planned residential area to help sustain commercial uses within walking
distance and a wider range of housing types.
The Zoning Correlation Table on Page 58 of the Bozeman Community Plan, 2020 correlates
zoning districts with the Growth Policy’s land use categories, demonstrating that the proposed
zoning designation of REMU correlates with the Growth Policy’s future land use designation
of “Residential Mixed-Use”.
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Staff Report for the South 40 Zone Map Amendment, Application 22279 Page 23 of 24
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF
Owner: Providence Development, Box 4082, Bozeman, MT 59771
Applicant: Providence Development, Box 4082, Bozeman, MT 59771
Representative: Intrinsik Architecture, Inc., 106 E Babcock, Suite 1A, Bozeman, MT 59715
Report By: Tom Rogers, Senior Planner, Community Development Department
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Staff Report for the South 40 Zone Map Amendment, Application 22279 Page 24 of 24
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this Annexation or Zone Map Amendment.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
The application materials are available on the City’s website in the laserfiche archive.
49
Memorandum
REPORT TO:City Commission
FROM:Anna Saverud, Assistant City Attorney
Greg Sullivan, City Attorney
SUBJECT:Ordinance 2065, Provisional Adoption of Ordinance 2065 Generally revising
the Purchase and Disposition of Municipal Property
MEETING DATE:December 13, 2022
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION:I move to provisionally adopt Ordinance 2065, Generally Revising the
Purchase and Disposition of Municipal Property.
STRATEGIC PLAN:7.3 Best Practices, Creativity & Foresight: Utilize best practices, innovative
approaches, and constantly anticipate new directions and changes relevant
to the governance of the City. Be also adaptable and flexible with an
outward focus on the customer and an external understanding of the issues
as others may see them.
BACKGROUND:
Over the last half decade, as the City has been involved in numerous real
property transactions, the City Attorney’s Office and other staff have
recognized a need to update the City’s municipal code regarding how real
property transactions are managed. Ordinance 2065 addresses a number of
issues. First, the ordinance clarifies procedures for the acquisition of City
property and the transfer of City property. Second, the ordinance includes
items which are not currently addressed in the municipal code but we feel
should be, including such things as water rights, and issuing licenses, leases,
and permits that affect real property. Finally, Ordinance 2065 provides
authority for the administrative acceptance of rights-of-way and dedications
of infrastructure – a solution we feel will increase efficiencies related to
development review.
Structurally, Ordinance 2065 repeals and replaces current Chapter 2 Article 6
Division 5 (Acquisition and Transfer of City Property), BMC, with a new
Chapter 2 (Administration) Article 8 (Property) Division 1 (Real Property).
The proposed revisions incorporate much of the current code but diversify
the Commission’s ability to dispose of city owned real property to further
Commission priorities.
Authority to acquire, sell, exchange or donate real property
50
We propose to maintain certain procedural requirements that exist in the
current municipal code while clarifying how the procedures will occur. For
example, prior to any sale, exchange or donation of any real property, the
Commission must hold a public hearing to determine if the property is no
longer necessary to conduct city business or that the public interest may be
furthered by the sale, exchange or donation. The determination regarding
necessity or the furtherance of the public benefit is made by two-thirds vote
of all Commissioners. Next, the final decision to transfer City-owned
property must be made at a subsequent public hearing where the
Commission will decide whether to approve an ordinance for a specific sale,
exchange, or donation. The decision on the ordinance must also be made by
a two-thirds vote of all Commissioners. The two-thirds vote requirement is
derived from State law, has been codified in the municipal code, and has
been standard practice for the city. While we are not proposing to adjust
the super-majority rule, please know that pursuant to opinions of the
Montana Attorney General, the Commission may make these decisions by a
simple majority.
The authority to acquire, manage and dispose of real property belongs to
the Commission. As a general rule, a sale of city property requires an
appraisal and may not be sold for less than 90% of appraised value. This rule
is not proposed to change with this ordinance; however, under the existing
code requirements, the only property allowed to be sold at a reduced rate or
donated are historic properties and these must be transferred to entities
that would preserve or restore the property. Ordinance 2065 continues to
enable selling historic property for a reduced rate; however, to aid in
furthering Commission priorities, we propose to add additional topics for
which the Commission may sell at a reduced rate. These include aiding in
economic development priorities, providing emergency shelter and
affordable housing, and to further the City’s climate action and sustainability
objectives.
Next, the current code allows the city to exchange property for another
property of equivalent value; however, currently, the only consideration for
“equivalent value” is monetary. This ordinance allows the Commission to
consider a number of public benefits as consideration in determining if
property in an exchange is of equivalent value. The determination of
sufficient consideration for an exchange by majority vote of the Commission.
Moreover, Ordinance 2065 addresses transfers with other governmental
entities by providing authority to sell at a reduced rate, exchange the
property, or donate real property if the property will continue to be used for
governmental purposes.
Delegation of authority to City Manager
Acquisitions of interests in water
51
Currently the municipal code is silent as to the authority to acquire interests
in water (rights or shares) but in practice staff and the city manager
negotiate and enter into these agreements subject to available funds. It is
staff’s recommendation to codify this practice to establish a clear delegation
of authority.
Granting of a license to use city property
A license agreement grants the right to use real property, is limited in
duration, and benefits a certain party. Importantly, it does not create a
property interest. In the past, the Commission would grant licenses, while at
other times the city manager or parking commission would grant a license.
Ordinance 2065 proposes authority to approve these non-property interest
license agreements be delegated to the city manager or the parking
commission, as appropriate.
Granting and Dedication of easements
The Commission currently reviews on the consent agenda every grant or
acceptance of rights-of-way or public infrastructure associated with a
development project. The acceptance or transfer of rights-of-way may
implement a site plan approved by the director of community development
and include things such as streets, sewer and water lines, or parks and trails.
These easements may also come before the Commission as part of final plat.
Examples of other easements frequently seen on the consent agenda
include temporary easements to allow for improvements to be completed to
public infrastructure. The delegation of this authority to the City Manager
will eliminate approximately two weeks on obtaining the approval of an
easement, and save staff time preparing Commission memos. For
dedications required as part of a final subdivision plat, in compliance with
State law, the acceptance of infrastructure or an easement will require the
Commission’s approval of the final plat before the dedication or easement
can be accepted.
UNRESOLVED ISSUES:None anticipated.
ALTERNATIVES:At the discretion of the Commission.
FISCAL EFFECTS:None.
Attachments:
Ordinance 2065 Final.pdf
Report compiled on: December 5, 2022
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Ordinance 2065 Page 1 of 9
ORDINANCE NO. 2065
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA REPEALING CHAPTER 2, ARTICLE 6, DIVISION 5 OF THE BOZEMAN
MUNICIPAL CODE AND ADDING CHAPTER 2, ARTICLE 8, DIVISION 1 TO BE
ENTITLED REAL PROPERTY AND GENERALLY REVISING THE ENABLING
LEGISLATION OF THE PURCHASE AND DISPOSAL OF REAL PROPERTY,
INTERESTS IN WATER, AND THE GRANTING AND ACCEPTANCE OF
EASEMENTS; AND CLARIFYING SAID DIVISION SUPERSEDES STATE LAW.
WHEREAS, the City of Bozeman has adopted self-government powers as those powers
are enumerated in its Charter, and the laws and Constitution of the State of Montana; and
WHEREAS, pursuant to its Charter, the Montana Constitution, and state law, the City may
exercise any power not prohibited by the constitution, law or charter and neither the Montana
Constitution, state law, or the City Charter prohibits the City Commission from adopting this
Ordinance; and
WHEREAS, pursuant to §7-8-101(2) and (3) the City may sell or trade to any county or
political subdivision any property, however held or acquired, that is not necessary for the conduct
of the city or town business; and
WHEREAS, pursuant to §7-8-103(2) the City is empowered and given the right to accept,
receive, take, hold, own and possess any gift, donation, grant, devise, or bequest, any real property;
any improved or unimproved park or playground; any water, water right, water reservoir, or
watershed; any timberland reserve; any fish or game reserve in any part of the state and to own,
hold, work, and improve the same; and
WHEREAS, pursuant to §7-8-4201 the City may sell, dispose of, donate, or lease any
property belonging to the city; and
WHEREAS, pursuant to §7-14-4101 the City has the authority to establish, alter, and
maintain traffic ways and public grounds; and
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Ordinance 2065 Page 2 of 9
WHEREAS, the City is subject to the restrictions of Article X, section 6, of the Montana
constitution when disposing of city real property; and
WHEREAS, pursuant to Attorney General Opinions 43 Op. Atty. Gen. No. 41 and 43 Op.
Atty. Gen. No. 55 the City pursuant to its self-government powers may dispose of city property
however acquired including property held in trust for a specific purpose and sell property by a
simple majority; and
WHEREAS, the city commission recognizes these revisions are necessary to clarify
processes for the disposal of city owned real property; to codify that disposal of city property that
will preserve historical properties, provide for economic development, provide for affordable
housing, or for purposes that further the climate action and sustainability goals of the city may be
sold for less than appraised value subject to conditions; and increase efficiencies in the process to
obtain interests in water as well as the granting and accepting of easements of real property, rights-
of-way, or public infrastructure.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
That the entirety of current Chapter 2, Article 6, Division 5 of the Bozeman Municipal Code is
hereby repealed and the division reserved.
Section 2
That under Chapter 2, Bozeman Municipal Code, a new Article 8 and Division 1 shall be created
and shall be codified as follows:
ARTICLE 8 – PROPERTY
DIVISION 1. –REAL PROPERTY
Sec. 2.08.100. - Authorization for city to obtain property.
Sec. 2.08.110. – Acquisition of interests in water.
Sec. 2.08.120. - Authorization for city to sell, donate, and exchange city property.
Sec. 2.08.130. - Appraisal required for acquisition and disposal of real property; exceptions.
Sec. 2.08.140. - Additional requirements for sales, donations and exchanges.
Sec. 2.08.150. - Terms of sale.
Sec. 2.08.160. - Lease of city property.
Sec. 2.08.170. - Easements.
Sec. 2.08.180. – Use of proceeds of property disposition.
Sec. 2.08.190. - State law superseded.
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Ordinance 2065 Page 3 of 9
Sec. 2.08.100. - Authorization for city to obtain property.
Except as may otherwise be provided by this code, the city commission has jurisdiction and
power, under such limitations and restrictions as are prescribed by law, to purchase and accept
by donation or exchange any real property necessary for the use of the city and to preserve, take
care of, manage, and control the same. The city manager may enter into leases on behalf of the
city for the purposes of providing facilities for city operations.
Sec. 2.08.110 - Acquisition of interests in water.
The city manager may, subject to the availability of funds, purchase or otherwise acquire any
interests or rights in water including the acquisition of shares in a water project or entity for and
on behalf of the city.
Sec. 2.08.120. - Authorization for city to sell, donate, and exchange city property.
A. The city commission has the jurisdiction and power to sell, donate, or exchange any real
property belonging to the city, however acquired, including property held in trust for a
specific purpose. The city manager may enter into agreements to sell, donate, or exchange
real property subject to ratification by the commission and compliance with this division.
B. Any sale, donation, or exchange of real property must be accomplished under the
provisions of this division.
C. In an exchange of real property, an exchange of city property may not be made unless
property received in exchange for the city property is of an equivalent value. If the
properties are not of equivalent values, the exchange may be completed if the city receives
sufficient consideration approved by the majority of the commission, in addition to the
delivery of title. Sufficient consideration may include but is not limited to financial
compensation or a public benefit as determined by a majority of the city commission.
D. The city may exchange, donate or sell at a reduced rate city owned real property to another
governmental entity for a governmental purpose.
E. The city may donate or sell at a reduced rate city owned real property containing a
historically significant building or monument to an entity that agrees to restore or preserve
the property. The contract for the transfer of the property proposed for historic preservation
that is sold for less than appraised value or donated must contain at minimum provisions
that:
1. Require the property to be preserved in its present or restored state upon any
subsequent transfer; and
2. Provide for the reversion of the property, including any improvements made to
the real property, to the city for noncompliance with conditions attached to the
transfer.
F. The city may donate or sell at a reduced rate city owned real property for economic
development purposes to an entity that agrees to develop the property for economic
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Ordinance 2065 Page 4 of 9
development purposes. The contract for the transfer of property proposed for economic
development purposes that is sold for less than appraised value or donated must contain at
minimum, provisions that:
1. Require the property be developed in such a manner as to provide economic
development opportunities, including job creation or retention, for
industries of value to the city, or for development implementing an urban
renewal plan; and
2. At the discretion of the city commission, provide for the reversion of the
property, including any improvements made to the real property, to the city
for noncompliance with conditions attached to the transfer.
G. The city may donate or sell at a reduced rate city owned real property to an entity for the
purpose of constructing buildings which will provide emergency or transitional shelter
housing or rental housing for low to moderate-income households, or buildings which may
be sold as low to moderate-income households. The contract for the transfer of property
proposed for housing built pursuant to this section must contain at minimum, provisions
that:
1. Provide, for a period of time and under the conditions specified in the
transfer, emergency or transitional shelter or housing for low to moderate-
income households; and
2. At the discretion of the city commission, provides for the reversion of the
property, including any improvements made to the real property, to the city
for noncompliance with conditions attached to the transfer.
H. The city may donate or sell at a reduced rate city owned real property for climate action
and sustainability purposes to an entity that agrees to develop or otherwise utilize the
property for purposes that further the climate action and sustainability goals of the city.
The contract for the transfer of property proposed for climate action and sustainability
purposes that is sold for less than appraised value or donated must contain at minimum,
provisions that:
1. Require the property be developed or otherwise utilized in such a manner
as to further the climate action and sustainability goals of the city; and
2. At the discretion of the city commission, provide for the reversion of the
property, including any improvements made to the real property, to the city
for noncompliance with conditions attached to the transfer.
I. The city manager may establish procedures for the purchase, exchange, donation, or sale
of City real property. The city manager must adopt such procedures by administrative
order.
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Ordinance 2065 Page 5 of 9
Sec. 2.08.130. - Appraisal required for acquisition and disposal of real property;
exceptions.
A. An appraisal is required when the city purchases a fee simple interest in real property or a
conservation easement using public funds, unless specifically exempted.
B. An appraisal is required for any sale, exchange, or donation of city real property, unless
specifically exempted.
C. An appraisal is not required when the sale, exchange, or donation of real property is to or
between another governmental entity if the property will continue to be used for
governmental purposes. A sale, exchange or donation of real property with another
governmental entity may, at the discretion of the city commission, provide for the reversion
of the property, including any improvements made to the real property, to the city in the
event the recipient no longer uses the property for governmental purposes.
D. An appraisal is not required for the acquisition of interests in water rights or rights of way
for utility or road purposes.
E. For any purchase, sale, exchange or donation requiring an appraisal under this article, the
property must be appraised within one year prior to the date of provisional adoption of the
ordinance approving the sale, donation, or exchange unless waived by the commission.
Sec. 2.08.140. - Additional requirements for sales, donations and exchanges.
A. Prior to selling, exchanging, or donating any real property under this division, the city
commission must find the real property proposed for sale, donation, or exchange is either
no longer necessary to conduct city business or that the public interest may be furthered by
the sale, donation, or exchange. This determination must be made by a two-thirds vote of
all commission members.
B. If the determination required by subsection A is made in the affirmative, the commission
must decide at a subsequent public meeting whether to adopt an ordinance selling, donating
or exchanging the property. This determination must be made by a two-thirds vote of all
commission members.
C. For the sale of real property, the city may sell property by bid, public auction or direct
negotiated sale, subject, where required by this division, to a minimum price established
through appraisal. For donations and exchanges, the city may negotiate a donation or
exchange directly to a specific person or entity, including other governmental entities,
without advertising for bids.
D. Notice of sale, exchange, or donation must be published as provided in Mont. Code Ann.
§7-1-4127. The city may terminate these procedures at any time and may reinitiate the
same or different procedures at a later date.
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Ordinance 2065 Page 6 of 9
Sec. 2.08.150. - Terms of sale.
Unless otherwise determined by two-thirds of the city commission:
A. Except for sales conducted pursuant to 2.08.120 (D), (E), (F), (G) and (H) a sale under this
division must be for cash or on terms approved by two-thirds of the commission.
B. Except for sales conducted pursuant to 2.08.120 (D), (E), (F), (G) and (H), or for sales,
exchanges, or donations with another governmental entity, a sale of city real property may not
be made for less than 90 percent of the appraised value.
C. The title to any property sold may not pass from the city until the purchaser or the purchaser's
assigns have met all obligations of the sale or exchange agreement.
Sec. 2.08.160. - Lease and Licensing of City Property/ Parking Permits.
A. The commission has the power to lease any lands, buildings, structures, or improvements,
owned by the city, however acquired, for any length of time and for any purpose. The
commission may enter into such leases at a reduced rate if the city property is to be used for a
public purpose.
B. The development or other use of any city lands, buildings, structures, or improvements,
whether by a lessee, or their invitees, must comply with this code.
C. The leasing of one or more parts of a building, improvement, or structure may be done by
resolution of the commission. The leasing of an entire tract of record owned by the city must
be done pursuant to ordinance.
C. The city manager may grant a license for a temporary use of city real property under conditions
determined by the city manager. The parking commission may grant a license for a temporary
use for facilities under its jurisdiction under conditions determined by the parking commission.
E. The parking commission has the power to issue permits for parking spaces in parking structures
and parking lots within its jurisdiction and establish standards for the same.
Sec. 2.08.170. – Easements.
A. The city manager or director designee may on behalf of the city accept the grant or dedication
of real property, rights-of-way, or public infrastructure. The acceptance must be in writing.
The acceptance must be recorded in the records of the Gallatin County Clerk and Recorder and
the original must be returned to the city clerk. Nothing herein may be construed to authorize
the city manager to accept an easement or grant as shown on a subdivision plat until such final
plat has been approved by the city pursuant to law.
B. The city manager may grant rights-of-way for private, municipal, or public utilities across land
owned by the city. The city manager may determine whether consideration for the grant is
required. The grant must be in writing. The grant must be recorded in the records of the Gallatin
County Clerk and Recorder and the original must be returned to the city clerk.
D. The city manager may authorize, subject to the availability of funds, the purchase of right-
of-way for public infrastructure or public purposes.
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Ordinance 2065 Page 7 of 9
Sec. 2.08.180. – Use of proceeds of property disposition.
The funds derived from property disposed of in accordance with this division, in the discretion of
the city commission, may be credited to any account that is in the best interest of the city.
Sec. 2.08.190. - State law superseded.
Pursuant to the city's self-government powers, Section 7-8-4201, MCA, addressing the disposal,
donation, lease or sale of city property is hereby superseded. All other applicable provisions of
state law not in compliance with this division are hereby superseded. Title 7, Chpt. 8, Part 1, MCA
is specifically not superseded.
Section 3
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this
ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the
City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and
effect.
Section 4
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were incurred or
proceedings that were begun before the effective date of this ordinance. All other provisions of the
Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect.
Section 5
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be
adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of
this ordinance as a whole, or any part or provision thereof, other than the part so decided to be
invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code
as a whole.
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Ordinance 2065 Page 8 of 9
Section 6
Codification.
Sections 1 and 2 of this Ordinance shall be codified.
Section 7
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
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Ordinance 2065 Page 9 of 9
PROVISIONALLY PASSED by the City Commission of the City of Bozeman, Montana,
on first reading at a regular session held on the ____ day of ________, 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
____________________, 2023. The effective date of this ordinance is __________, __, 2023.
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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