HomeMy WebLinkAbout05-16-23 City Commission Meeting Agenda & Packet MaterialsA.Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse
B.Pledge of Allegiance and a Moment of Silence
C.Changes to the Agenda
D.FYI
E.Commission Disclosures
F.Consent
F.1 Accounts Payable Claims Review and Approval (Waters)
F.2 Authorize the Mayor to Sign the Findings of Fact and Order for the Canyon Gate Major
Subdivision Preliminary Plat Application 22264 (Quasi-Judicial)(Montana)
F.3 Authorize the Mayor to Sign a Memorandum of Understanding (MOU) between City of
THE CITY COMMISSION OF BOZEMAN, MONTANA
REGULAR MEETING AGENDA
Tuesday, May 16, 2023
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Bozeman and Bozeman School District 7 for Development of the Bozeman Community
Center(Winn)
F.4 Authorize the City Manager to Sign a Professional Service Agreement with Sprout Inc. to
provide Tree Removal and Replanting Services to the Downtown Bozeman
Partnership(Staley)
F.5 Authorize the City Manager to Sign an Amendment 1 to the Payment Agreement with
Bozeman Fiber, Inc. (dba Yellowstone Fiber) for City Costs for Engineering and Inspection
Services related to the Fiber-to-Premises Broadband Project(Gamradt)
F.6 Authorize the City Manager to Sign an Amendment 1 to the Professional Services
Agreement for Construction Oversight and Project Management of the Yellowstone Fiber
Project(Gamradt)
F.7 Authorize the City Manager to Sign an Amendment 1 to Sanderson Stewart Contract for
Westlake Park(Jadin)
F.8 Authorize City Manager to Sign an Amendment 2 to Professional Services Agreement for
Parks, Recreation and Active Transportation Plan(Jadin)
F.9 Authorize the City Manager to Sign the Fifth Amendment to Professional Services
Agreement with Central House Strategies for Lobbying Services(Veselik)
G.Public Comment
This is the time to comment on any matter falling within the scope of the Bozeman City
Commission. There will also be time in conjunction with each agenda item for public comment
relating to that item but you may only speak once. Please note, the City Commission cannot take
action on any item which does not appear on the agenda. All persons addressing the City
Commission shall speak in a civil and courteous manner and members of the audience shall be
respectful of others. Please state your name and address in an audible tone of voice for the record
and limit your comments to three minutes.
Written comments can be located in the Public Comment Repository.
H.Action Items
H.1 Resolution 5482 Creation of Special Improvement Lighting District 779 Norton East Ranch
Phase 6(Hodnett)
H.2 Pole Yard Urban Renewal District Fiscal Year 2024 Workplan and Budget and Fiscal Year
2023 Annual Report(Fontenot)
H.3 North Park Urban Renewal District Fiscal Year 2024 Work Plan and Budget and Fiscal Year
2023 Annual Report(Fontenot)
H.4 South Bozeman Technology District Fiscal Year 2024 Work Plan and Budget and Fiscal Year
2023 Annual Report(Fontenot)
H.5 Midtown Urban Renewal District Fiscal Year 2024 Work Plan and Budget and Fiscal Year
2023 Annual Report(Fontenot)
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H.6 Northeast Urban Renewal District Fiscal Year 2024 Work Plan and Budget and Fiscal Year
2023 Annual Report(Fontenot)
H.7 Downtown Business Improvement District Fiscal Year 2024 Budget and Work Plan (Cope)
H.8 Downtown Urban Renewal District Fiscal Year 2024 Budget and Work Plan (Staley)
I.FYI / Discussion
J.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
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In order for the City Commission to receive all relevant public comment in time for this City
Commission meeting, please submit via www.bozeman.net or by emailing agenda@bozeman.net no
later than 12:00 PM on the day of the meeting. Public comment may be made in person at the
meeting as well.
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Memorandum
REPORT TO:City Commission
FROM:Nadine Waters, Accounts Payable Clerk
Nicole Armstrong, Accounts Payable Clerk
Levi Stewart, Assistant City Controller
Aaron Funk, City Controller
Melissa Hodnett, Finance Director
SUBJECT:Accounts Payable Claims Review and Approval
MEETING DATE:May 16, 2023
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 claims to be presented
to the City Commission within one year of the date the claims accrued.
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.
UNRESOLVED ISSUES:None
ALTERNATIVES:The City Commission could decide not to approve these claims or a portion
of the claims presented. This alternative is not recommended as it may
result in unbudgeted late fees assessed against the City.
FISCAL EFFECTS:The total amount of the claims to be paid is presented at the bottom of the
Expenditure Approval List posted on the City’s website at
https://www.bozeman.net/departments/finance/purchasing.
Report compiled on: May 11, 2023
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Memorandum
REPORT TO:City Commission
FROM:Susana Montana, Senior Planner
Brian Krueger, Manager of the Development Review Division
Erin George, Deputy Director of Community Development
Anna Bentley, Director of Community Development
SUBJECT:Authorize the Mayor to Sign the Findings of Fact and Order for the Canyon
Gate Major Subdivision Preliminary Plat Application 22264 (Quasi-Judicial)
MEETING DATE:May 16, 2023
AGENDA ITEM TYPE:Community Development - Quasi-Judicial
RECOMMENDATION:Approve and Authorize the Mayor to Sign the Findings of Fact and Order for
the Canyon Gate Major Subdivision Preliminary Plat, Application 22264.
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:
Canyon Gate is a major subdivision preliminary plat dividing a 24.14-acre
Tract into 15 lots consisting of 3 mixed commercial and apartment
residential lots zoned B-2M; 2 two-household residential lots zoned R-3; 2
apartment residential lots zoned R-5; and 4 four-household residential lots
zoned R-3; 3 City park lots; and 1 private open space lot; along with
dedicated street rights-of-way.
The property is addressed as 980 Story Mill Road, located at the northeast
corner of Story Mill Road and Bridger Road, within portions of the SW 1/4 of
S32, T1 S, R5 E, P.M.M., City of Bozeman, Gallatin County, MT
The Findings of Fact and Order are based on the January 31, 2023, revised
application; the April 3, 2023, Planning Board recommendation; public
comment received as of April 18, 2023; the staff presentation to the City
Commission at the April 18, 2023, public hearing on this application; the
Applicant’s presentation to the Commission at the April 18, 2023, public
hearing; and Commissioners’ discussions on the Motion. After deliberations,
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the Commission voted unanimously, 5 to 0, to approve the Canyon Gate
Major Subdivision Preliminary Plat.
Application materials can be found at:
Canyon Gate application materials
UNRESOLVED ISSUES:
The Planning Board unanimously passed a Motion urging the Applicant to
meet with neighbors, including neighbors of the abutting Legends at Bridger
Creek Subdivision Phase II subdivision, to seek an easement over Legends
Homeowners Association (HOA) open space lands to connect Canyon Gate
Boulevard within the subject subdivision to Northview Street lying within the
Legends II Subdivision (see Figures 6 and 7). This Northview Street
connection from the eastern terminus of Canyon Gate Blvd. would provide
more direct/efficient access to Bridger Drive, a principal arterial roadway. It
would also facilitate travel between the two adjacent subdivision
neighborhoods.
The City understands that a connection from the Canyon Gate subdivision to
Northview Street would optimize connectivity and would, overall, reduce
travel time, reduce potential traffic conflicts on other neighborhood streets
with pedestrians of all ages and abilities, and would reduce traffic congestion
on those other streets. The City cannot require the Legends II HOA to grant
the necessary easement to the Applicant. However, if the easement is
granted, the Applicant would be obligated to extend Canyon Gate Blvd. to
Northview Street to City standards. The Applicant has stated that he is
willing to pay for the easement and for the road extension. The only
unresolved issue is whether the HOA will grant the easement.
ALTERNATIVES:None suggested.
FISCAL EFFECTS:
Fiscal impacts are undetermined at this time but will include increased
property tax revenues from new development, along with increased costs to
provide municipal services to the property.
Attachments:
22264 Canyon Gate PP FOF CC rpt.pdf
Report compiled on: May 2, 2023
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City Commission Findings of Fact and Order for
Canyon Gate Major Subdivision Preliminary Plat; Project No. 22264 Page 1 of 35
City Commission Findings of Fact and Order for the Canyon Gate Major Subdivision Preliminary
Plat; Application No. 22264.
Summary of the April 18, 2023, City Commission Action on the Canyon Gate Major Subdivision
Preliminary Plat; Application 22264.
The City Commission public hearing on the Canyon Gate Major Subdivision Preliminary Plat was held April
18, 2023 in the City Commission Chamber, 121 N. Rouse Avenue, at 6 P.M. After reviewing the application
materials, staff report, and public comment; after listening to the staff presentation and responses to
Commissioners’ questions; after hearing the presentation from the Applicant and responses to
Commissioners’ questions; after listening to public comment, the City Commissioners moved to approve the
application. After deliberations, the Commission approved the motion unanimously 5-0.
Project Legal Description: Tract 7B of COS No. 2408, excepting out MDT ROW deed parcels Doc. No.
2532621 and No. 2532622, and the westerly 33.34’ of Lot 45, and all of Lots 46 and 47 of Mt. Baldy
Subdivision (Plat F-10), excepting out MDT ROW deed parcels Doc No. 2532623 and No. 2532624 located
in the SW ¼ of Section 32, Township 1 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County,
Montana.
Project Location: The property is addressed as 980 Story Mill Road, Bozeman, MT, and is located at the
northeast corner of Story Mill Road and Bridger Road.
Development Review Committee (DRC) Finding: The DRC determined that the January 31, 2023, revised
Canyon Gate Preliminary Plat Major Subdivision application conforms to standards and is sufficient for
approval with conditions and code provisions. Due to a re-starting of the public notice period, the application
was deemed adequate for further review on February 13, 2023.
Community Development Board (acting as the Planning Board) Finding: The City’s Community
Development Board (CDB), acting as the Planning Board, met on April 3, 2023, in a public meeting to discuss
the merits of the proposed Canyon Gate Preliminary Plat pursuant to Section 38.240.140.A.2 of the Bozeman
Municipal Code (BMC). The primary responsibility of the Planning Board in reviewing subdivision applications
is to determine compliance of the application with the City’s Comprehensive Plan Growth Policies. To that
end, the Board voted unanimously, 7 to 0, in favor of the following Motion:
“Having reviewed and considered the application materials, public comment, and all the information
presented, I hereby adopt the findings presented in the staff report for application 22264 and move
to recommend approval of the Canyon Gate Major Subdivision Preliminary Plat with conditions and
subject to all applicable code provisions with the caveat that the Applicant must hold a meeting with
the neighbors prior to presenting the subdivision to the City Commission for action.”
Report Date: April 28, 2023
Staff Contact: Susana Montana, Senior Planner
Mikaela Schultz, Project Engineer
Agenda Item Type: Action (Quasi-judicial)
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City Commission Findings of Fact and Order for
Canyon Gate Major Subdivision Preliminary Plat; Project 22264 Page 2 of 35
EXECUTIVE SUMMARY
Project Summary
These findings are based on the January 31, 2023, revised application; the April 3, 2023, Planning Board
recommendation; public comment received as of April 18, 2023; the staff presentation to the City Commission
at the April 18, 2023, public hearing on this application; the Applicant’s presentation to the Commission at
the April 18, 2023, public hearing; and Commissioners’ discussions on the Motion.
The application materials are available in the Community Development viewer at Canyon Gate PP
application.
Written public comment letters can be accessed through the following link: Canyon Gate public comment.
A video of the April 3, 2023 Planning Board public meeting can be accessed through the following link:
Canyon Gate PP April 3, 2023 Planning Board mtg.
A video of the City Commission public hearing of April 18, 2023, can be accessed through the following link:
Canyon Gate PP April 18, 2023 City Commission mtg.
On February 13, 2023, the Development Review Committee (DRC) found the Preliminary Plat application
sufficient for continued review and recommended the conditions and code provisions identified in this report.
The final decision for this first major subdivision preliminary plat must be made within 60 working days of its
being deemed adequate for further review, or by May 1, 2023.
The Community Development Board acting as the Planning Board reviewed this application on Monday, April
3, 2023, and made a recommendation to the City Commission. The City Commission reviewed their
recommendation and made a final determination for conditional approval on Tuesday, April 18, 2023.
Forty written public comments have been received by April 28, 2023.
Unresolved Issue
There is one unresolved issue related to this preliminary plat application:
Internal connection to Northview Street to the east.
The Planning Board unanimously passed a Motion urging the Applicant to meet with neighbors, including
neighbors of the abutting Legends at Bridger Creek Subdivision Phase II subdivision, to seek an easement
over Legends Homeowners Association (HOA) open space lands to connect Canyon Gate Boulevard within
the subject subdivision to Northview Street lying within the Legends II Subdivision (see Figures 6 and 7). This
Northview Street connection from the eastern terminus of Canyon Gate Blvd. would provide more
direct/efficient access to Bridger Drive, a principal arterial roadway. It would also facilitate travel between the
two adjacent subdivision neighborhoods.
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City Commission Findings of Fact and Order for
Canyon Gate Major Subdivision Preliminary Plat; Project 22264 Page 3 of 35
The City understands that a connection from the Canyon Gate subdivision to Northview Street would optimize
connectivity and would, overall, reduce travel time, reduce potential traffic conflicts on other neighborhood
streets with pedestrians of all ages and abilities, and would reduce traffic congestion on those other streets.
The City cannot require the Legends II HOA to grant the necessary easement to the Applicant. However, if
the easement is granted, the Applicant would be obligated to extend Canyon Gate Blvd. to Northview Street
to City standards. The Applicant has stated that he is willing to pay for the easement and for the road
extension. The only unresolved issue is whether the HOA will grant the easement.
Table of Contents
EXECUTIVE SUMMARY ............................................................................................................................... 2
Project Summary .............................................................................................................................. 2
Unresolved Issue .............................................................................................................................. 2
Table of Contents .......................................................................................................................................... 3
SECTION 1 - MAP SERIES ........................................................................................................................... 4
SECTION 2 – REQUESTED VARIANCES .................................................................................................. 13
SECTION 3 – PRELIMINARY PLAT CONDITIONS OF APPROVAL .......................................................... 13
SECTION 4 -- CODE PROVISIONS…………………………………………………………..............................14
SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS ................................................................. 16
SECTION 6 - STAFF ANALYSIS AND FINDINGS ...................................................................................... 17
Applicable Subdivision Review Criteria, BMC Section 38.240.150.B. ............................................. 17
SECTION 7 – FINDINGS OF FACT AND ORDER AND APPEAL PROVISIONS……………………………..28
APPENDIX A—ZONING AND GROWTH POLICY FINDINGS………………………………………………….30
APPENDIX B – NOTICING AND PUBLIC COMMENT…………………………………………………………..34
APPENDIX C – OWNERS INFORMATION AND REVIEWING STAFF………………………………………..35
FISCAL EFFECTS……………………………………………………………………………………………………35
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City Commission Findings of Fact and Order for
Canyon Gate Major Subdivision Preliminary Plat; Project 22264 Page 4 of 35
SECTION 1 - MAP SERIES
Figure 1. Location Map (Site in red)
Figure 2. Zoning Map (Site in red)
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City Commission Findings of Fact and Order for
Canyon Gate Major Subdivision Preliminary Plat; Project No. 22264 Page 5 of 35
Figure 3: Existing Site Conditions Map
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City Commission Findings of Fact and Order for
Canyon Gate Major Subdivision Preliminary Plat; Project 22264 Page 6 of 35
Figure 4: Open space (yellow) and Parks (green) in vicinity; Site is in red.
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City Commission Findings of Fact and Order for
Canyon Gate Major Subdivision Preliminary Plat; Project 22264 Page 7 of 35
Figure 5 Community Plan 2020 Future Land Use Designation:
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City Commission Findings of Fact and Order for
Canyon Gate Major Subdivision Preliminary Plat; Project 22264 Page 8 of 35
Figure 6: Preliminary Plat Summary Sheet
Figure 7: Potential Canyon Gate Blvd. connection eastward to Northview Street
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City Commission Findings of Fact and Order for
Canyon Gate Major Subdivision Preliminary Plat; Project 22264 Page 9 of 35
Figure 8: Preliminary Plat
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City Commission Findings of Fact and Order for
Canyon Gate Major Subdivision Preliminary Plat; Project 22264 Page 10 of 35
Figure 9: Concept Development Plan [not part of this application]
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City Commission Findings of Fact and Order for
Canyon Gate Major Subdivision Preliminary Plat; Project 22264 Page 11 of 35
Figure 10: Concept Green Plan [not part of this application]
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City Commission Findings of Fact and Order for
Canyon Gate Major Subdivision Preliminary Plat; Project 22264 Page 12 of 35
Figure 11: Parks Plan [not part of this application]
Figure 12: Flood paths pre- and post-development
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City Commission Findings of Fact and Order for
Canyon Gate Major Subdivision Preliminary Plat; Project No. 22264 Page 13 of 35
SECTION 2 – REQUESTED VARIANCES
No variances were requested.
SECTION 3 – PRELIMINARY PLAT CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this report.
These conditions are specific to this project.
1. BMC 38.600.170. Flood Risks. The following recommended conditions of approval address flood
hazard mitigation, flood risk notification, and indemnity for the Canyon Gate subdivision project.
A. Prior to issuance of public infrastructure plan approval by the City, the following must occur:
i. The flood hazard evaluation (FHE) report shall be sealed and certified by a professional
engineer. The certification shall include a statement that the proposed 100-yr flood hazard
mitigation plan is adequate to keep the proposed development reasonably safe from flooding
and does not increase the identified existing risk of 100-yr flooding to other properties.
ii. The design engineer shall certify that all proposed flood hazard mitigation improvements
contained in the stormwater design report and stormwater infrastructure plans and specs
are adequately sized to convey the relevant 100-year flood flows identified in the certified
flood hazard evaluation report.
iii. Offsite drainage easements shall be secured from all property owners along the 100-yr flood
conveyance path identified in the certified FHE report between the offsite point of discharge
of the proposed 100-yr flood routing pipeline and the offsite point of flood flow return to
Bridger Creek. Alternatively, in lieu of drainage easements, the Applicant may provide a
legal analysis, acceptable to the City Attorney, verifying that those drainage easements are
not required under applicable state law and local ordinance.
B. Prior to final plat approval, a notification provision shall be provided on the final plat ‘Conditions
of Approval’ sheet notifying future property owners, in language approved by the City Attorney,
that the subdivision is subject to 100-year flood hazards identified in the FHE that are not
reflected in the official FEMA Flood Insurance Study (FIS) and Flood Insurance Rate Maps
(FIRMs) effective April 21, 2021. The notification provision shall also state that the future revision
of the official FEMA FIS and FIRMs may place/map portions of the development into the
regulatory floodplain, potentially subjecting property owners of those areas to local floodplain
regulations and federal flood insurance mandates.
C. Prior to final plat approval, the Applicant shall sign a hold harmless and indemnity agreement, to
be prepared by the City Attorney and filed with the Gallatin County Clerk & Recorder,
acknowledging the risk of proceeding with development review applications prior to updated
FEMA maps and agreeing to forever hold the City harmless and defend it against claims.
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City Commission Findings of Fact and Order for
Canyon Gate Major Subdivision Preliminary Plat; Project 22264 Page 14 of 35
2. 38.400.080 and 110. Sidewalk Widths. The final determination of sidewalk width on the
west side of Story Mill Road will be made by the City prior to Infrastructure Plan approval and in
cooperation with the Transportation Master Plan relevant to the Canyon Gate area.
3. 38.410.070. Sanitary Sewer Systems.
a. Prior to engineering infrastructure approval of the Canyon Gate Subdivision, the Applicant
must agree in writing to pay for the cost associated with an independent third-party analysis of the
downstream sewer system serving the development. The analysis must quantify the downstream
system's existing and future build-out capacity in relation to the proposed Canyon Gate development.
The engineer retained to produce the independent third-party analysis must be acceptable to the
City.
b. If the City-required downstream sewer analysis, as identified in 3.a above, demonstrates
that the subject development does not have adequate downstream sewer capacity in accordance
with BMC 38.410.070.A, then identified downstream sewer improvements must be installed by the
Applicant and formally accepted by the City in accordance with BMC 38.270.030.
c. Prior to engineering infrastructure approval of the Canyon Gate Subdivision, if the Applicant
proceeds with their proposal to divert upstream sewage from the East Gallatin River Drainage Basin
(Headlands Subdivision Drainage Basin Section) as presented in their sewer report, then the
Applicant must agree in writing to pay for the cost associated with an amendment to the City's on-
going Wastewater Facility Planning effort. The amendment must incorporate the proposed upstream
wastewater diversion, update the City's hydraulic model, and incorporate any findings in the analysis
identified in 3.a above into the City's facility plan.
SECTION 4 – CODE PROVISIONS
1. BMC 38.100.080 – Compliance with regulations required.
The Applicant is advised that unmet code provisions, or code provisions that are not specifically listed
as conditions of approval, do not, in any way, create a waiver and/or Administrative Rules of Montana
or other relaxation of the lawful requirements of the Bozeman Municipal Code or State Statute.
2. 38.220.060.12. Private Utility Services. Prior to Final Plat approval, the Applicant must provide
documentation of responses from private utility companies that they reviewed the subdivision plat
and that the plat can be provided with service, and the locations of private utilities have been
coordinated with the locations of the proposed public utilities.
3. 38.240.150. C. Standard Subdivision Conditions of Approval. Prior to Final Plat approval the
Applicant shall add the following condition of approval to the Final Plat Sheet 3 Conditions of
Approval section:
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City Commission Findings of Fact and Order for
Canyon Gate Major Subdivision Preliminary Plat; Project 22264 Page 15 of 35
a. No crawl spaces or basements may be constructed. Sump pumps are not allowed to be
connected to the sanitary sewer. Sump pumps are also not allowed to be connected to the
drainage system unless capacity is designed into the drainage system to accept the pumped
water. Water from sump pumps may not be discharged onto streets, such as into the curb and
gutters where they may create a safety hazard for pedestrians and vehicles;
b. All downstream water user facilities will not be impacted by this subdivision;
c. All lot frontages are subject to a 10-foot wide front setback utility easement;
d. If a utility easement is greater than the building setback required under Chapter 38 of the
Bozeman Municipal Code (BMC) said easement shall apply;
e. The property owners association bears all responsibility of maintenance for the storm water
facilities, storm water open space lots, pedestrian open space lots, and street frontage
landscaping for the perimeter streets. Maintenance responsibility must include, all vegetative
ground cover, boulevard trees, and irrigation systems in the public-right-of-way boulevard strips
along all external perimeter development streets. The property owners association must be
responsible for levying annual assessments to provide for the maintenance, repair, and upkeep
of all perimeter street frontage landscaping, storm water facilities, and all open space
landscaping; and
f. Lot access must be constructed to the standards set forth by the City of Bozeman Design
Standards and Specifications, and per the City of Bozeman Modifications to the State Public
Works Standard Specifications per BMC requirements.
4. 38.400100. Street Vision Triangle and Street Trees. Prior to infrastructure approval, the
Applicant must revise their proposed landscaping plan along both Story Mill Road and Bridger
Canyon Blvd. to reduce the impact of street trees on vehicular sight visibility triangle distances. The
Applicant must provide an updated landscaping plan to the City’s Transportation Division for review
and approval prior to final plat submittal.
5. 38.420. Parks Resources.
a. Add a note to the final plat which states: “Per 38.350.060 Bozeman Unified Development Code,
fences located along or in the rear or side setback of properties adjoining any City linear park
must have a maximum height of four feet.”
b. The developer must install signage at the perimeter of any private parking lot that is adjacent to
a City park stating that snow storage is not allowed within the public park. The Applicant must
add a note to the final plat indicating that snow removal from park sidewalks that serve as primary
egress from private lots is the responsibility of the Property Owners Association. The Applicant
must provide an exhibit of snow removal responsibility within the Park Master Plan.
c. A preconstruction meeting with the Parks Division is required prior to any site work. Applicants
must provide the most recent park plans and request a meeting at least 30 days prior to the
commencement of parkland construction.
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City Commission Findings of Fact and Order for
Canyon Gate Major Subdivision Preliminary Plat; Project 22264 Page 16 of 35
d. Prior to the City’s final acceptance of public park improvements or public street improvements,
the Applicant shall ensure that the City obtains ownership, free from any defects in title as
determined by the City, of any irrigation water rights appurtenant to those City parks or City
streets.
e. If an exempt well is proposed to provide irrigation water supply for the development, a written
determination from DNRC shall be provided prior to final site plan approval indicating that the
proposed exempt water use is allowable under applicable State law governing the use of
exempt wells.
f. An irrigation system that is privately owned and maintained shall be entirely separate and
discrete from an irrigation system that is City owned and maintained.
g. The Applicant must include this note on the final plat: “Private utilities are not allowed within
parkland unless otherwise approved by the Director of Parks and Recreation.”
SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS
Analysis and resulting recommendations are based on the entirety of the application materials, municipal
codes, standards, plans, public comment, and all other materials available during the review period.
Collectively, this information is the record of the review. The analysis in this report is a summary of the
completed review.
Development Review Committee (DRC) Finding: The January 31, 2023, revised Canyon Gate Major
Subdivision Preliminary Plat application conforms to standards and is sufficient for approval with conditions
and code provisions. Due to a re-starting of the public notice period, the application was deemed adequate
for further review on February 13, 2023.
Community Development Board (as the Planning Board) Finding: The City’s Community Development
Board (CDB), acting as the Planning Board, met on April 3, 2023, in a public meeting to discuss the merits
of the proposed Canyon Gate Preliminary Plat pursuant to Section 38.240.140.A.2 of the Bozeman Municipal
Code (BMC). The primary responsibility of the Planning Board in reviewing subdivision applications is to
determine compliance of the application with the City’s Comprehensive Plan Growth Policies. To that end,
the Board voted unanimously, 7 to 0, in favor of the following Motion:
“Having reviewed and considered the application materials, public comment, and all the information
presented, I hereby adopt the findings presented in the staff report for application 22264 and move
to recommend approval of the Canyon Gate Major Subdivision Preliminary Plat with conditions and
subject to all applicable code provisions with the caveat that the Applicant must hold a meeting with
the neighbors prior to presenting the subdivision to the City Commission for action.”
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City Commission Findings of Fact and Order for
Canyon Gate Major Subdivision Preliminary Plat; Project 22264 Page 17 of 35
City Commission Determination. The City Commission’s public hearing on the Canyon Gate Major
Subdivision Preliminary Plat was held on April 18, 2023, in the City Commission Chamber, 121 N. Rouse
Avenue, at 6 P.M. The Commission met to consider the Preliminary Plat application for the subdivision of a
24.14-acre property zoned B-2M, R-3, R-5, and REMU. This Preliminary Plat would create a 5-Block, 15-lot
subdivision consisting of 11 buildable lots, 1 open space lot, and 3 City park lots as well as public roads. Off-
site improvements include underground flood management pipes leading to Bridger Creek to serve the
development and could include an extension of Canyon Gate Boulevard road eastward to connect to
Northview Street (see the Unresolved Issue section above).
Six members of the public spoke at the hearing. Forty written comments had been received prior to the
Commission meeting and the Commissioners considered those comments.
After reviewing the application materials, staff report, and public comment; after listening to the staff
presentation and responses to comments; after hearing the presentation from the Applicant and responses
to comments; after listening to public comment, the City Commissioners began their deliberations on the
application by making a Motion. Commissioner Madgic made the Motion noted below, which was seconded
by Commissioner Coburn. In their discussion, the Commissioners agreed that the application met the criteria
established by the Bozeman Municipal Code and State Statutes and positively addressed Community Plan
Growth Policies. Therefore, the application was approved with the conditions and code provisions outlined
in these findings.
The Motion was as follows: “Having reviewed and considered the application materials, public comment,
Planning Board recommendation, and all the information presented, I hereby adopt the findings presented in
the staff report for Application 22264 and move to approve the Canyon Gate Major Subdivision Preliminary
Plat with conditions and subject to all applicable code provisions.” This Motion passed unanimously, 5 to 0.
SECTION 6 - STAFF ANALYSIS AND FINDINGS
Applicable Subdivision Review Criteria, BMC Section 38.240.150.B.
In considering applications for subdivision approval under this title, the Community Development Board, other
relevant advisory boards, and the City Commission shall consider the following criteria:
1. Compliance with the survey requirements of Part 4 of the Montana Subdivision and Platting Act.
The preliminary plat has been prepared in accordance with the surveying and monumentation requirements
of the Montana Subdivision and Platting Act by a Professional Engineer registered in the State of Montana.
As outlined in Code Provision Number 1, the Final Plat must comply with State statute, Administrative Rules
of Montana, and the Bozeman Municipal Code (BMC). A conditions of approval sheet must be included with
the Final Plat and updated with any additional required notations as required by Preliminary Plat conditions
or code provisions.
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2. Compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and
Platting Act and review processes per BMC 38.240.150.
a. The Final Plat must comply with the standards identified and referenced in the Bozeman Municipal
Code (BMC).
b. The Final Plat must comply with the standards of the BMC regarding streets, access and other Article
4 standards.
c. The Applicant is advised in Code Provision No. 1 that unmet code provisions, or code provisions that
are not specifically listed as a condition of approval, do not, in any way, create a waiver or other relaxation of
the lawful requirements of the Bozeman Municipal Code (BMC) or State law. Sections 3 and 4 of this report
identify conditions and code provision corrections necessary to meet all municipal regulatory standards.
Therefore, it is expected that upon satisfaction of all conditions and code corrections, the subdivision will
comply with local subdivision regulations.
City Commission Findings: Part 5 of the Montana Subdivision and Platting Act authorizes municipalities
to adopt local regulations governing subdivisions. The City of Bozeman has adopted local regulations in
accordance with state law. As described more fully below, the Commission found that the Canyon Gate
preliminary plat application complies with local regulations found in Bozeman’s Unified Development Code,
Chapter 38 BMC. The application, when satisfying the Code Provisions noted above, will comply with BMC
code requirements without requesting any variances from code standards. The Commission specifically
noted that public health, safety, and welfare were adequately protected through the application’s proposal to
pipe floodwater through the site and discharge it into its historic channel back to Bridger Creek, which may
better protect other nearby properties from flooding. Additionally, the Commission noted that planned
improvements to the intersection of Story Mill and Bridger Canyon would mitigate concerns regarding current
traffic in the area and traffic generated by this development. The criterion is met.
3. Compliance with the local subdivision review procedures provided for in Part 6 of the
Montana Subdivision and Platting Act.
The Applicant requested subdivision review under the terms of 76-3-616 and BMC 38.240.100. The
application was initially received on August 24, 2022, and was deemed inadequate for further review. Revised
application materials were received on December 21, 2022, and January 31, 2023. The Development Review
Committee (DRC) deemed the application adequate for review on February 13, 2023. A public meeting was
held by the Community Development Board, acting as the Planning Board, on April 3, 2023, and a public
hearing with the City Commission was held on April 18, 2023.
The public meeting before the Community Development Board and the public hearing before the City
Commission were properly noticed as required by the BMC. Based on the recommendation of the
Development Review Committee (DRC) and other applicable review agencies, as well as any public
testimony received on the matter by the date of the Planning Board meeting, the Planning Board is required
to, and did forward a recommendation via a staff report to the City Commission for their consideration to
make the final decision on the preliminary plat application.
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The final decision for this first major subdivision preliminary plat must be made within 60 working days of its
being deemed adequate for further review, or by May 1, 2023, and the City Commission made its decision
on April 18, 2023.
Pursuant to BMC 38.240.100, the City Commission was to approve, conditionally approve or deny a major
subdivision preliminary plat application within 60 days from the date the application was deemed “adequate
for further review” by the City, unless there is a written extension from the developer, not to exceed one year.
Public notice for this application was given as described in Appendix B beginning on February 28, 2023. A
second public notice period began on March 17, 2023, and ended on April 18, 2023.
Public comment was requested at the April 18, 2023, Commission hearing and six persons provided comment
on the proposed subdivision. As of the April 28, 2023, date of this staff report, no new public comment has
been received.
On March 28, 2023, a staff report for the Canyon Gate Major Subdivision Preliminary Plat (PP) was forwarded
to the Community Development Board with a recommendation for conditional approval. On April 3, 2023,
the Board, acting as the Planning Board, recommended approval of the PP with conditions and code
provisions. They also recommended that the Applicant meets with neighbors to discuss unresolved issues
prior to the April 18, 2023, City Commission meeting.
City Commission Findings: The Commission concurred with the staff’s evaluation that the criteria for
approval are met with conditions and code provisions.
Compliance with Chapter 38, BMC, and other relevant regulations.
Community Development staff and the City’s Development Review Committee (DRC) reviewed the
preliminary plat application against all applicable regulations of the BMC as well as provisions of the Canyon
Gate Annexation Agreement Covenants, Conditions and Restrictions (CC&Rs) document. Based on the
review by the DRC and the Department of Community Development, all applicable regulations are met if all
conditions of approval and BMC code provisions are satisfied. The Conditions of Approval and Code
Provisions approved by the City Commission are included in Sections 3 and 4 above. All municipal water
and sewer facilities will conform to the regulations outlined by the Montana Department of Environmental
Quality and the requirements of the City of Bozeman Design Standards and Specifications Policy and Public
Works Standard Specifications. No variances were requested by the Applicant.
1. Documentation of Compliance with BMC 38.220.060 to identify impacts to surrounding
assets.
A subdivision pre-application plan review was completed by the Development Review Committee (DRC) on
July 7, 2022. No variances were requested. Concurrent construction of public infrastructure with
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development of individual lots was requested by the Applicant. Such improvements must meet the standards
of an approved Infrastructure Plan.
This Preliminary Plat must address the review criteria of State Planning Law Section 76-3-608 (3)(a) and the
application must clearly identify potential impacts of the subdivision on agriculture, agricultural water user
facilities, local services, the natural environment, wildlife, wildlife habitat and public health and safety. Those
parameters are addressed in the following Section 38.220.060.A, subsections 1 through 19. Staff offers the
following summary comments on the supplemental information documents required by BMC 38.220.060.
38.220.060. A.1 – Surface water
There are no streams, irrigation ditches, or wetlands on the property. There are no alterations to water bodies
proposed or required for the project. Due to concerns about the accuracy and age of the existing floodplain
mapping of nearby Bridger Creek, the City of Bozeman Floodplain Administrator recommended that a Flood
Hazard Evaluation be conducted as noted in Condition of Approval No. 1. The evaluation found that a 100-
year flood of Bridger Creek inundates portions of the adjacent Legends Subdivision and of the proposed
Canyon Gate Subdivision, even though it is not identified by existing FEMA floodplain mapping. The historical
flood path is shown on plan Sheet C0.3 and Figure 12 above.
38.220.060. A.2 - Floodplain
The mapped special flood hazard areas for Bridger Creek above Story Mill Road have not been updated by
FEMA since its original detailed flood insurance study was completed in 1982. Substantial natural change,
much of which is related to beaver activity, has occurred to the creek channel since that time. Significant
manmade alterations near the mapped special flood hazard areas for Bridger Creek have also taken place
over the ensuing 40+ years; notably, residential subdivision development. Despite these natural and
manmade changes, FEMA’s currently effective FIRMs still only reflect the Bridger Creek flood hazards that
were identified and mapped in the early 1980s.
Canyon Gate Flood Hazard Evaluation
The Canyon Gate project was required to prepare a flood hazard evaluation (FHE) to determine the nature
of the existing flood hazard at the subject property. This is because the effective flood study and FIRMs for
Bridger Creek are outdated and can no longer be confidently relied upon for flood risk identification and
mitigation purposes. The FHE utilizes accurate and contemporary topographic LiDAR data along with
advanced 2-D hydraulic modeling techniques to simulate the existing 100-year flood hazard for Bridger Creek
with a much higher level of confidence. The FHE can be utilized to identify the existing flood risk at the
subject property and flood mitigation infrastructure solutions intended to keep the development reasonably
safe from flooding and ensure that flood risk to other properties is not increased as a result of the
development. These policy concepts of risk identification, mitigation, and prevention of adverse effects to
others are bedrock principles enshrined in the federal NFIP, state floodway and floodplain management act,
and local floodplain regulations.
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Upcoming FEMA Restudy and Remapping of Bridger Creek Special Flood Hazard Area
In personal communications held December 1, 2022, with the Water Operations Bureau Chief at MT DNRC
(responsible for overseeing the state’s floodplain mapping program, which occurs cooperatively with FEMA),
the City learned that flood hazards associated with Bridger Creek are scheduled to be restudied and
remapped by FEMA beginning 2025. Upon completion of the restudy effort, new FIRMs will be produced
and become effective for regulatory purposes. In the intervening period, the FHE will be utilized for flood risk
identification, mitigation, and to ensure no adverse effects to others as related to the subject development.
The City advises the Applicant that the FHE has not been completed to FEMA standards, so the Canyon
Gate developer takes on risk that the upcoming FEMA study could conclude that flood risk persists despite
mitigation measures installed to mitigate the flood risks identified in the FHE. Those flood risks, once officially
effective for regulatory purposes, may impact the future development potential of the subject property,
increase regulatory compliance costs, and/or mandate future property owners of the development to
purchase flood insurance. Please see Condition of Approval No. 1.
38.220.060. A.3 – Groundwater. Groundwater monitoring was conducted as part of the geotechnical
investigation. The results of the groundwater monitoring are provided in the Geotechnical Report.
Groundwater monitoring was conducted at 8 monitoring wells from March 2022 to May 2022. The seasonal
high groundwater was found to range in depth from 6.44’ to greater than 13 feet. Groundwater is flowing to
the west and is assumed to discharge to the East Gallatin River about ½ mile to the west. The range of
groundwater depth encountered was largely due to the rolling topography of the site with some wells located
at lower or higher relative locations. After site grading, high groundwater will more consistently be about 10’
below the surface. The significant depth of groundwater will protect it from degradation. Additionally,
stormwater will be treated and infiltrated back into the ground to maintain the existing groundwater hydrology.
Lastly, City sewers will collect wastewater from the property. Code Provision No. 3.a. prohibits crawl spaces
or basements within any buildings within this subdivision without the review and approval of a professional
engineer licensed to practice in Montana and requires such notice to be placed in the Conditions of Approval
Sheet of the final plat.
38.220.060. A.4 - Geology, Soils, and Slopes. A geotechnical investigation was conducted on the
property. The Geotechnical Report did not find any geologic hazards on the property. The report found that
“site conditions pose little risk to construction associated with the planned development.” Soils are suitable
for conventional foundation and site development construction. Soil properties, borehole logs, and
groundwater monitoring results are provided in the report. Site grading is expected to be typical of urban
development and large cuts and fills are not proposed. In general, the rolling topography will be smoothed
out to better accommodate roadway and building site grades, and the site will be slightly elevated to mitigate
concerns from flooding in the adjacent Legends subdivision.
38.220.060. A.5 – Vegetation. The site is currently occupied by pasture grass and some groves of mature
native trees. The existing tree locations are shown on plan sheet C0.3 and Figure 3 above. The property has
been historically farmed, but is presently fallow and is surrounded by developed property. No critical plant
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communities requiring protective measures exist on the property. A Weed Management Plan has been
submitted to the Gallatin County Weed Board and a copy of the plan has been submitted with this application.
38.220.060. A.6 – Wildlife. The Canyon Gate Site is surrounded by urban development. There is a
wetlands wildlife corridor north of the Site at Bridger Creek. Chapter 5 of the 2020 Community Plan states
that “lands within the designated urban area are typically utilized for development purposes and will have a
minor impact on wildlife habitat. […] The habitat needs of larger and/or predatory wildlife species such as
deer, moose, bears, coyotes, or similar species will not be met within urban density development and will
likely conflict with people. Therefore, these types of animals are found to be undesirable within the City
boundaries.” The parkland and open space in the proposed Canyon Gate development may inevitably be
used by wildlife of all types. The east-west “green corridor” within the Site will likely connect the community
to the surrounding parks and may continue to serve as a path for animal migration. No endangered species
or species of concern use the area affected by the proposed subdivision, and there are no significant wildlife
areas on the site to identify. The Site is not adjacent to public lands or known hunting or fishing areas;
however, the subdivision will improve public access by connecting truncated streets, trails, and sidewalks to
nearby public parks and recreational areas (see Figure 4). The proposed 3.06-acre public parks (2.33-acres)
and open space (0.73-acre) areas within the development are designed with an extensive trail system to
safely connect to public lands throughout the surrounding Story Mill District.
38.220.060. A.7 – Agriculture. The property has been historically farmed, but is presently fallow and is
surrounded by developed property. The Site is currently occupied by pasture grass and mature trees and is
not actively used for agriculture.
38.220.060. A.8 - Agricultural Water User Facilities. There are no agricultural water user facilities on
the property.
38.220.060. A.9 - Water and Sewer. Engineering Reports for Water and Sewer are provided in the
Documents application. Sanitary Sewer Systems may need upgrading to service the subdivision as is noted
in Condition of Approval 3 a, b, and c:
a. Prior to engineering infrastructure approval of the Canyon Gate Subdivision, the Applicant
must agree in writing to pay for the cost associated with an independent third-party analysis of the
downstream sewer system serving the development. The analysis must quantify the downstream
system's existing and future build-out capacity in relation to the proposed Canyon Gate development.
The engineer retained to produce the independent third-party analysis must be acceptable to the
City.
b. If the City-required downstream sewer analysis, as identified in Condition of Approval 3.a
above, demonstrates that the subject development does not have adequate downstream sewer
capacity in accordance with BMC 38.410.070 A, then identified downstream sewer improvements
must be installed by the Applicant and formally accepted by the City in accordance with BMC
38.270.030.
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c. Prior to engineering infrastructure approval of the Canyon Gate Subdivision, if the Applicant
proceeds with their proposal to divert upstream sewage from the East Gallatin River Drainage Basin
(Headlands Subdivision Drainage Basin Section) as presented in their sewer report, then the
Applicant must agree in writing to pay for the cost associated with an amendment to the City's on-
going Wastewater Facility Planning effort. The amendment must incorporate the proposed upstream
wastewater diversion, update the City's hydraulic model, and incorporate any findings in the analysis
identified above into the City's facility plan.
New water and sewer mains will be extended in the proposed streets to serve the lots within the Canyon
Gate subdivision. The proposed parks and open space will be irrigated with exempt well(s) and irrigation
requirements are within the regulatory limits of an exempt water right. A confirmation letter from the DNRC
is included in the Documents. Water rights for the subdivision lots will be provided by cash-in-lieu of water
rights (CILWR) payments. Due to the large lots proposed, all future lot development will undergo a Site Plan
review. The CILWR will be determined and paid upon the plan review and development of each lot.
Concurrent construction of subdivision infrastructure and site development is proposed for the residentially
zoned lots, to enable site plan and building permit reviews to proceed for the initial projects while subdivision
infrastructure is being completed, inspected and accepted by the City.
38.220.060. A.10 - Stormwater Management. Stormwater runoff will be mitigated for subdivision streets,
parks, and open spaces. On-site stormwater mitigation will be provided for the development of each lot at
the time of lot development. Flood conveyance piping is also described in the Storm Drainage Engineer’s
Report.
38.220.060. A.11 - Streets, Roads, and Alleys. Canyon Gate is accessed from Story Mill Road and
extensions of Spirit Crossing Lane and Maiden Spirit Street from the Legends Subdivision. A driveway
access to the southernmost Block 5, Lot 1 from Bridger Drive (Highway 86) was requested by the Applicant
and may be granted by the Montana Department of Transportation (MDOT). A new north-south Lucy Lane
is provided on the east side of the subdivision. The City is currently improving the intersection of Bridger
Drive and Story Mill Road and is installing a traffic signal there. The Canyon Gate subdivision improvements
consist of dedicating rights-of-way (ROW) and widening Story Mill Road to a City Collector standard from
Bridger Road to Boylan Road. Interior streets will be constructed to a 35-foot-wide local street standard within
a 60-foot-wide ROW. Proposed street sections are provided on plan sheet C4.1. Bicycle lanes are provided
on Story Mill Road. Ten-foot-wide shared-use pathways will be provided on the east side of Story Mill Road
north of Bridger Road. Per Condition No. 2, the Applicant may provide an adequate shared use path on the
west side of Story Mill Road north of Bridger Road in accordance with the City’s Transportation Plan, to the
extent of the Site’s frontage and provided landowners thereon and the County grant permissions. These
pathways in conjunction with the internal park pathways will provide enhanced multi-modal connectivity
between existing and proposed community parks and neighborhoods. All local streets proposed in the
Canyon Gate subdivision include City Standard sidewalks on both sides of the street. Lot 1 of Block 5, at the
intersection of Story Mill Road and Bridger Road, is proposed to be directly accessed from both Bridger Road
and Story Mill Road if permission is granted for a driveway access point from Bridger Road. This lot is
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proposed as a large, mixed-use lot. Additionally, shared access for Lots 1 and 2 of Block 1 is proposed from
Story Mill Road. The suitability of these accesses is addressed in the Traffic Impact Study. Only minor
modifications to existing streets are required. As mentioned previously, Story Mill Road will be improved to
City Collector Standards. An existing approach continuing Weeping Rock Lane south of Boylan Road will be
removed since this street is not required to be extended. If granted permission by MDOT and the City, an
existing approach on Bridger Road will be relocated to the west to serve Lot 1 of Block 5. Occasional street
closures will be required during utility and street construction. All streets will be paved and gravel alleys are
not proposed. Proposed streets will be City owned and maintained.
Stormwater collection and mitigation will be provided for new subdivision streets and Story Mill Road.
Stormwater will be treated and infiltrated in a sub-surface system located on the common Open Space Lot A
in Block 1. The property owner's association will maintain the stormwater mitigation system serving the City
streets located on the common Open Space Lot A in Block 1.
The Traffic Impact Study (TIS) describes the traffic generation, capacity analysis and level of service, and
any traffic calming required as mitigation for potential adverse traffic impacts to neighborhoods. The TIS
shows that all intersections and approaches will operate at a level of service “C” or better.
Concurrent construction of subdivision infrastructure and site development is proposed for the residentially-
zoned lots to enable site plan and building permit reviews to proceed for the initial projects while subdivision
infrastructure is being completed. The Concurrent Construction Plan must address compliance with BMC
Section 38.270 and requires approval of an Infrastructure Plan.
38.220.060. A.12 – Non-Municipal Utilities. The subdivision plat has been provided to NorthWestern
Energy, Yellowstone Fiber, Spectrum, and Century Link for review. To date, no response has been provided.
Code Provision No. 2 requires proof from the private utilities that they can and will serve the subdivision.
Canyon Gate is surrounded by existing development with multiple points of service from existing utilities.
Non-municipal utilities will be located in 10-foot-wide wide utility easements running along all subdivision
streets and lot frontages. To accommodate the widening of Story Mill Road, the existing overhead power line
running along this street is proposed to be relocated underground in the new utility easement provided on
the preliminary plat. The proposed utility easements outside of the City rights-of-way will reduce conflicts
between municipal and non-municipal utilities.
38.220.060. A.13 - Land Use. Canyon Gate Subdivision consists of 24.14 acres to be subdivided
into 11 buildable lots, 3 parks, an open space lot, and street rights-of-way. The property has been annexed
into the City of Bozeman and has four zoning designations: B-2M, REMU, R-5, and R-3. Three lots are
proposed within the western B-2M zoning for mixed-use (residential above commercial space). Six lots
adjacent to existing residential development are proposed within the R-3 zoning for medium-density
residential. Two lots in the center of the property within the R-5 zoning are proposed for higher-density
residential development. A REMU lot, designated as Public Park A, is situated between the B-2M zoned
mixed-use and neighboring residential areas. An Open Space A lot is located north of the mixed-use B-2M
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lots providing a buffer between residential lots to the north. The Open Space A lot will have underground
stormwater drainage facilities and an at-grade dog park and community garden area. Two lots, Public Park
B and C, provide amenities for project residents and neighbors alike. The park lots provide the subdivision
and community with valuable trail connections, public gathering, and recreational spaces.
The Annexation Agreement CC&R document by the Applicant further delineates land uses within the
subdivision and development therein by establishing height and bulk limitations and the provision of income-
restricted housing as follows:
[Canyon Gate Declaration of Covenants, Conditions and Restrictions, recorded in Document No. 2774188
by the Gallatin County Clerk and Recorder on April 28, 2022.]
It is noted that Provision 2 of the CC&R document was amended by the City Commission on April 18, 2023
to read:
“Provision of Income Restricted Housing. In order to advance the goals of the Bozeman
Community Plan 2020, Declarant agrees to provide in perpetuity within the R-5 zoning area within
the Canyon Gate Annexation Property, a minimum of 60 housing units that are priced for lease or
purchase no greater than 120% of Area Median Income at an interest rate of 3.5% per the matrix
set forth in Exhibit B. As determined by the City, a one person household includes studios, two
person household includes one bedroom units, a three person household includes two bedroom
units, and four person household includes three bedroom units. The lease or sale (or combination
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thereof) and management of the income restricted housing units shall be administered by a
community land trust or other entity acceptable to the City. Declarant shall begin construction of
the income restricted housing prior to any vertical construction within the B2M zoning district and
shall complete all 60 units within 24 months after commencing construction.”
The revision to Provision 2 clarifies that the 60 below-market rate dwelling units shall remain at the same
affordability rate in perpetuity and the units may be sold or rented at that rate in perpetuity.
These provisions will be reflected in any development within this subdivision.
38.220.060. A.14 - Parks and Recreation Facilities. According to the Applicant: “The Canyon Gate
Park Master Plan was developed to create a pedestrian circulation pattern that invites residents and
neighbors to move into and throughout the development. This is accomplished through a linear park system
that runs east-west through the center of the Site to connect parkland in adjacent neighborhoods to the “M”
Trail, Story Mill Spur Trail, and Story Mill Community Park. The street layout was designed to minimize street
crossings along the linear park and most of the neighborhood will have one or fewer crossings required to
reach the major park amenities. The park system will have a playground, picnic shelter, seating, art, and a
10’ concrete path. The linear park system is supplemented by a planned north-south pedestrian corridor
through the B-2M zoned parcels that connect the linear park trail to an open space parcel with a dog park
and community garden that will have a public access easement. The project proposes 15.68 acres of
residential area with 3.08 acres of public parks and open space. The project will provide a minimum of
$256,367 in Improvement-In-Lieu. The subdivision dedicates parks or improvements-in-lieu up to 12 dwelling
units/acre for all lots.”
Code Provision No 5 identifies requirements for the development and maintenance of park assets and
facilities within this subdivision.
38.220.060. A.15 - Neighborhood Center Plan. The focal point of the subdivision is the linear park running
east-west and south through the center of the development (see Figures 9 through 11). This park is adjacent
to neighborhood commercial development and contains several park amenities. The park amenities include
an extensive network of trails, a playground, and a picnic pavilion. This “green corridor” connects the
residences in the Canyon Gate development to the adjacent neighborhoods. The parks’ district-wide
connectivity lends itself to forming a neighborhood center. It is likely that neighborhood-serving commercial
establishments within the B-2M zoned properties, such as a coffee shop or convenience store, will also serve
as a neighborhood gathering space.
38.220.060. A.16 - Lighting Plan. All subdivision street lighting is proposed within the street right-of-way in
accordance with the City’s lighting design standards. Street lighting will be provided for Story Mill Road and
internal streets. Lighting is also proposed where pedestrian pathways cross streets in accordance with City
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standards. Any lighting associated with future lot development will be reviewed for conformance with City
standards at the time of site plan application for individual lots.
38.220.060. A.17 – Miscellaneous
a. Public Lands. The Site is not adjacent to public lands, hunting, or fishing areas; however, the subdivision
will increase public access to the Site and the surrounding public lands by connecting truncated streets, trails,
and sidewalks. The project will also include 3.06 acres of public parks and open space.
b. Hazards. Future development would mitigate potential hazards associated with floodwater flows as
described in Condition of Approval No. 1. The Traffic Impact Study identifies potential hazards associated
with delays in emergency service providers reaching the Site when there is a train on the train tracks at the
Rouse, Griffin or L Street crossings. If and when this conflict exists, the Bozeman Fire Department Dispatch
software will automatically route the service call to the Central Valley Fire Station at Spring Hill Road to
respond to the call.
c. Wildlands-Urban Interface. The Site is within the Wildlands-Urban Interface (WUI) and lists the Site and
nearby areas as having low-priority hazards.
38.220.060. A.19 - Affordable Housing. The Applicant states: “The owner recognizes the housing crisis in
our valley and the lack of obtainable, workforce housing. In response, the owner has voluntarily offered to
provide a minimum of 60 housing units within the R-5 zoning that are priced no greater than 120% of Area
Median Income (AMI) at an interest rate of 3.5%. The management of the income-restricted housing units
shall be administered by a community land trust or other entity acceptable to the City. Construction of the
income-restricted housing will begin before the vertical construction within the B-2M zoning district and will
complete all 60 units within 24 months after commencing construction. In addition to the effort above, the
owner is proposing to develop a range of housing types that will provide variety in housing prices within the
Bozeman housing market to better serve the needs of residents.” As noted in the revised CC&R document,
the affordability AMI level will remain on those units in perpetuity whether they are sold or rented.
City Commission Findings: The City Commission agreed with staff analysis, as well as the proposed
conditions of approval and noted code provisions, in finding that the criteria is met. The Commission made
the following specific findings related to this criterion:
The applicant’s flood hazard mitigation strategy is appropriate to preserve public health, welfare, and
safety by conveying flood waters through a pipe under the development. The proposal may also
benefit neighboring properties by directing flood waters more directly back to Bridger Creek.
The application includes the provision of below-market-rate, missing middle, workforce housing,
which is key to advancing Bozeman’s growth goals as articulated in the Bozeman Community Plan
2020.
The proposed land use complies with zoning and with the future growth map adopted by the City,
particularly the density and diversity of housing types, as well as its location on the site (locating less
dense housing near neighboring low-density developments and locating the higher density buildings
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interior to the Site), promoting connectivity within the site and surrounding neighborhoods. The
opportunity for a commercial node in the B-2M portion of the site and its proximity to arterial and
collector streets also supports themes and goals of the growth policy. All of the proposed subdivision
meets the criteria for development in each of the zoning districts on the site.
Acceptance of cash in lieu of parkland is appropriate and consistent with requirements in the code
because of the development’s close proximity to two of Bozeman’s biggest and best parks. Funds
received can be used to improve recreational assets already in existence.
Although more traffic will accompany higher-density development in this neighborhood, planned
street improvements to the intersection of Story Mill and Bridger Canyon will enhance the efficient
movement of traffic. On-site businesses in the B-2M zoning district may reduce traffic by offering
nearby residents a place to satisfy basic needs through alternative transportation means.
Although some mature trees on site will be removed in the development process, the benefits of the
development are an acceptable offset for the loss of the trees. The proposal to remove trees and
the proposed landscape plan are consistent with all code requirements.
SECTION 7 –FINDINGS OF FACT AND ORDER AND APPEAL PROVISIONS
A. PURSUANT to Chapter 38, Article 3, BMC, and other applicable sections of Chapter 38, BMC, public
notice was given, opportunity to submit comment was provided to affected parties, and a review of the
preliminary plat described in these findings of fact was conducted.
B. The purposes of the preliminary plat review were to consider all relevant evidence relating to public
health, safety, welfare, and the other purposes of Chapter 38, BMC; to evaluate the proposal against the
criteria and standards of Chapter 38 BMC; and to determine whether the preliminary plat should be approved,
conditionally approved, or denied.
C. The matter of this preliminary plat application was considered by the City Commission at a public
hearing on April 18, 2023, at which time the Department of Community Development Staff reviewed the
project, submitted and summarized recommended conditions of approval, and summarized the public
comment submitted to the City prior to the public hearing.
D. The Applicant acknowledged understanding and agreement with the recommended conditions of
approval and code provisions.
E. The City Commission requested public comment at the public hearing on April 18, 2023, and eight
persons offered comment.
F. It appeared to the City Commission that all parties and the public wishing to examine the proposed
preliminary plat and offer comment were given the opportunity to do so. After receiving the recommendation
of the relevant advisory bodies established by Article 38.210, BMC, and considering all matters of record
presented with the application and during the public comment period defined by Chapter 38, BMC, the City
Commission has found that the proposed preliminary plat complies with the requirements of the Bozeman
Municipal Code with conditions of approval as recommended by staff. Therefore, being fully advised of all
34
City Commission Findings of Fact and Order for
Canyon Gate Major Subdivision Preliminary Plat; Project 22264 Page 29 of 35
matters having come before them regarding this application, the City Commission makes the following
decision.
G. For the reasons set forth above, the preliminary plat meets the criteria of Chapter 38, BMC, and is
therefore approved, subject to the conditions listed in Section 3 of this report and the correction of any
elements not in conformance with the standards of the Chapter including those identified in Section 4 of this
report. The evidence contained in the submittal materials, advisory body review, public testimony, and this
report, justify the conditions imposed on this development to ensure that the subdivision final plat and
subsequent construction comply with all applicable regulations, preserve public health, welfare and safety,
and all applicable criteria of Chapter 38, BMC.
H. This City Commission decision may be appealed by bringing an action in the Eighteenth District
Court of Gallatin County, within 30 days after the adoption of this document by the City Commission, by
following the procedures of Section 76-3-625, MCA. Per BMC 38.240.160.A.2, the preliminary approval of
this subdivision shall be effective for two (2) years from the date of the signed Findings of Fact and Order
approval. At the end of this period the City may, at the request of the subdivider, grant an extension to its
approval for a period of mutually agreed upon time.
DATED this ________ day of _____________________, 2023
BOZEMAN CITY COMMISSION
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
35
City Commission Findings of Fact and Order for
Canyon Gate Major Subdivision Preliminary Plat; Project 22264 Page 30 of 35
_______________________________
Mike Maas
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY FINDINGS
Zoning Designation and Land Uses:
The subject property was given three zoning designations: B-2M, Community Business District—Mixed; R-
3, Residential Medium Density District; and R-5, Residential Mixed Use High-Density District. The intent of
the B-2M district is to function as a vibrant mixed-use district that accommodates substantial growth and
enhances the character of the City. The intent of the R-3 district is to provide for the development of one- to
five-household residential structures near service facilities within the City. The intent of the R-5 district is to
provide for high-density residential development through a variety of housing types within the City with
associated service functions.
The 24.14-acre Site, having the three zoning designations, combined, would meet the intent of each of the
three zoning districts by providing neighborhood-serving commercial activities, a variety of housing types with
a variety of densities within the 11 buildable lots.
Furthermore, the annexation agreement (Project No. 21337) stipulates where the various types and densities
of housing are to be situated within the subdivision.
Adopted Growth Policy Designation:
The Site lies within two Future Land Use Map (FLUM) designation areas. The westernmost B-2M zoned
lands lie within a Community Commercial Mixed Use designation and the remaining lands lie within a
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City Commission Findings of Fact and Order for
Canyon Gate Major Subdivision Preliminary Plat; Project 22264 Page 31 of 35
Residential Mixed Use designation.
Table 4 of the Bozeman Community Plan 2020, excerpted above, shows the correlation between the Site’s
future land use map designations and implementing zoning districts. The Site’s zoning designations are
implementing zones for the two respective FLUM designations.
This proposed subdivision is well-suited to implement the two FLUM designations by providing lots that will
support a variety of housing types including duplex, fourplex, housing over commercial space, and apartment
multi-household units in an existing developed residential area that is predominantly detached single-
household units. The townhouse and multi-household lots will support construction of “missing middle”
housing which is contemplated throughout the Bozeman Community Plan 2020 and is defined by the Plan
as: “Missing middle housing is housing constructed in buildings which are of a size and design compatible in
scale and form with detached individual homes. Example housing types include duplex, triplex, live-work,
cottage housing, group living, row houses, townhouses, horizontally layered apartments, flats, and other
similar configurations.” The BMC now has the following definition for Missing Middle housing: “Missing
middle housing. A residential building containing two, three, or four dwellings in any configuration,
as well as townhomes and cottage housing.”
The growth policy encourages development to be walkable, which is defined in the Plan as: Walkable. A
walkable area has:
• A center, whether it’s a main street or a public space.
• People: Enough people for businesses to flourish and for public transit to run frequently.
• Parks and public space: Functional and pleasant public places to gather and play.
• Pedestrian design: Buildings are close to the street, parking lots are relegated to the back.
• Schools and workplaces: Close enough that walking to and from home to these destinations is realistic.
• Complete streets: Streets designed for bicyclists, pedestrians, and transit.
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City Commission Findings of Fact and Order for
Canyon Gate Major Subdivision Preliminary Plat; Project 22264 Page 32 of 35
Figure 13: Concept Plan [not part of this application]
In the proposed conceptual development plan shown above, the New Canyon Gate Blvd, the extension of
Maiden Spirit St. through the Site and the Public Parks A, B and C “green corridor” through the Site provide
the “Center” of the subdivision.
Currently, there is not enough population density to support Streamline transit to the neighborhood. The
closest bus stop is the Blue Line at Walmart or the Brown Line at Rouse and Tamarack streets.
There are trails and sidewalks situated throughout the Site to make for safe and effective pedestrian and bike
travel within the Site. The Site is walkable but travel outside the Site will require vehicular or bicycle travel.
The Site has a Walk Score of 30 (car dependent), a Transit score of 0 (no transit services), and a Bike Score
of 43 (somewhat bikeable). The average walk score for the city as a whole is 48 out of 100. 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.
This Site is an undeveloped former farmland, surrounded by existing residential uses. Complimentary uses
such as schools, parks, grocery stores, and employment opportunities are distant and require vehicle travel.
There are no adopted development standards relating to the Walk Score.
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City Commission Findings of Fact and Order for
Canyon Gate Major Subdivision Preliminary Plat; Project 22264 Page 33 of 35
The proposed development is roughly 1/4 mile to Story Mill Park and about ½ mile to Glen Lake Rotary Park,
which provide a variety of recreational opportunities. The closest grocery store is the Town and Country at
Highland and Main streets which is approximately 2.3 miles from the Site. The two closest schools are the
Hawthorne Elementary about 2 miles from the Site and Whittier Elementary approximately 2.3 miles from the
Site.
The proposed subdivision meets the following Bozeman Community Plan 2020 goals:
N-1.1 Promote housing diversity, including missing middle housing.
N-1.10 Increase connectivity between parks and neighborhoods through continued trail and sidewalk
development. Prioritize closing gaps within the network.
N-3.8 Promote the development of “Missing Middle” housing (townhouses, multi-household).
In addition to those Community Plan policies that apply to this subdivision, the Applicant offers the following
evaluation of the 2020 Bozeman Community Plan goals and policies, including:
Goal N-1: Support well-planned, walkable neighborhoods. The development will connect streets and
sidewalks that were truncated in anticipation of development. “The subdivision and parkland are designed to
connect the Canyon Gate development to neighborhoods, schools, services, jobs, parks, and trails that will
promote a walkable and bikeable community.”
Goal N-2: Pursue simultaneous emergence of commercial nodes and residential development through
diverse mechanisms in appropriate locations. “This residential development will have commercial nodes
along the prominent intersection of Story Mill Road and Bridger Drive. In conjunction with the array of
residential housing options, the commercial will create a focal point in the Story Mill District and serve the
neighboring communities.”
Goal N-3: Promote a diverse supply of quality housing units. “Canyon Gate will have a minimum of 60
workforce/”Missing Middle” housing in addition to a variety of housing types including, duplexes, fourplexes,
and apartment buildings. The assortment creates a smooth transition between low and high-density mixed-
use and is designed to improve the current housing crisis by providing variety and density in appropriate
locations.”
Goal N-4: Continue to encourage Bozeman’s sense of place. “This project proposes a commercial node
within the Story Mill District to serve the surrounding community. The development will complement the
nearby historic structures and contribute to the identity of the district by encouraging a commercial core along
Story Mill Road leading to the historic mill.”
Goal DCD-1: Support urban development within the City. “The site is surrounded by development and is
located on a prominent corner within the Story Mill District. The property is currently underutilized and
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City Commission Findings of Fact and Order for
Canyon Gate Major Subdivision Preliminary Plat; Project 22264 Page 34 of 35
undeveloped. The proposed residential and mixed-use development is near a large network of trails and
parks to support this infill project.”
Goal DCD-2: Encourage growth throughout the City, while enhancing the pattern of community development,
oriented on centers of employment and activity. Support an increase in development intensity within
developed areas. “This infill project encourages a commercial hub, a variety of housing types, and a range
of densities. This will form a center of employment and activity while encouraging continuity in adjacent areas
of the district.”
Please note that the recent Housing Departures Ordinance 2111 defined “Infill” as: “The development or
redevelopment of vacant, abandoned, or underutilized properties within or wholly surrounded by the City,
and where water, sewer, streets, and fire protection have already been developed and are provided. Infill is
development proposed or located within land that has been subdivided for at least 35 years.” Since this Site
is a recently annexed and zoned fallow farmland unsubdivided Tract of land, it does not qualify as an “infill”
site and, therefore, this staff analysis does not describe it as such.
Goal DCD-3: Ensure multimodal connectivity within the City. “The increased development in this area is
currently spurring the expansion of public transportation services. The development will extend truncated
streets and sidewalks to create a continuous network of biking and walking trails and form a community that
fosters walkability. This multimodal community will be strengthened by the proposed commercial node and
increased residential density.”
APPENDIX B. NOTICING AND PUBLIC COMMENT On February 28, 2023, and again on March 17,
2023, public notice was provided at least 15 and not more than 45 days prior to the April 3rd and Community
Development Board public meeting and the April 18th City Commission public hearing. Pursuant to BMC
38.220.420, notice was provided by posting the Site, mailing by certified mail to the Applicant and adjacent
property owners and by first class mail to all other owners within 200 feet. The notice contained all elements
required by Article 38.220 of the BMC. Due to an error in the location map included with the notice sheet, a
second public notice period and mailing was initiated on March 17, 2023, with a corrected map. The second
public notice period was from March 17, 2023, to the April 18, 2023, City Commission meeting. As of the
April 18th City Commission meeting, 40 comment letters were received by the City Clerk and are posted at
this link: Canyon Gate Public Comment letters
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City Commission Findings of Fact and Order for
Canyon Gate Major Subdivision Preliminary Plat; Project 22264 Page 35 of 35
Eight persons commented at the City Commission meeting which can be viewed at the following link:
Canyon Gate PP April 18, 2023 City Commission meeting
April 3, 2023 CDB Meeting: Canyon Gate April 3, 2023 Planning Board meeting
APPENDIX C: OWNER INFORMATION AND REVIEWING STAFF
Owner: Canyon Gate Investors, LLC, 111 W. Lamme Street, Suite 101, Bozeman, MT 59715
Representative: Brooke Perrelli, SMA, 428 E. Mendenhall Street, Bozeman, MT 59715
Report By: Susana Montana, Senior Planner
FISCAL EFFECTS
Fiscal impacts are undetermined at this time but will include increased property tax revenues from new
development, along with increased costs to provide municipal services to the property.
41
Memorandum
REPORT TO:City Commission
FROM:Chuck Winn, Assistant City Manager
SUBJECT:Authorize the Mayor to Sign a Memorandum of Understanding (MOU)
between City of Bozeman and Bozeman School District 7 for Development of
the Bozeman Community Center
MEETING DATE:May 16, 2023
AGENDA ITEM TYPE:Agreement - Agency/Non-profit
RECOMMENDATION:Authorize Mayor to sign MOU with Bozeman School District #7
STRATEGIC PLAN:3.4 Active Recreation: Facilitate and promote recreational opportunities and
active health programs and facilities.
BACKGROUND:The City has been discussing possible locations for the planned Bozeman
Community Center with Bozeman School District #7 (District). The project is
planned to include a westside library branch and a recreation and aquatics
center. The District owns property adjacent to Meadowlark Elementary
School which may be an ideal location for the Community Center and work
well for both the City and District. If the City receives voter approval to sell
bonds for construction of the Community Center in November 2023, the City
and District can enter into negotiations to purchase the property in an
agreement that benefits both parties. The District's Board of Trustees and
the City Commission will need to approve any future purchase in accordance
with their respective policies and governing statutes. This MOU will allow the
City to continue to develop plans for the project by identifying a building
site.
UNRESOLVED ISSUES:The City and District will negotiate a sale price should the bond pass in
November 2023.
ALTERNATIVES:As identified by the Commission
FISCAL EFFECTS:Funding for the property purchase will be included in the construction
project budget funded by a voter approved bond.
Attachments:
Memorandum_of_Understanding_BSC7_Community Center
FINAL Edits.docx
Report compiled on: April 10, 2023
42
43
Memorandum of Understanding
City of Bozeman and Bozeman School District #7 -
Bozeman Development of the Bozeman Community
Center
The City of Bozeman (City), a self-governing municipality operating pursuant to its Charter and
the laws of the State of Montana, and Bozeman School District #7 (BSD7) enter into this
Memorandum of Understanding on this ___day of _____________, 2023 related to the
development of a new City west-side library and recreation and aquatics center (Bozeman
Community Center) on approximately 9 acres currently owned by BSD7 at the corner of Durston
and Cottonwood roads.
The purpose of this memorandum is to establish the parties’ current collective understanding of
the basis for a future formal agreement between the City and BSD7 for the City to purchase the
land from BSD7 for the City’s construction and occupation of the future Bozeman Community
Center. The City’s current Capital Improvement Plan includes the construction of a new library
branch, recreation and aquatics center in Bozeman’s west side in 2024. The City and BSD7
have discussed mutually beneficial aspects of constructing this project near Meadowlark
Elementary and Gallatin High School. Currently, BSD7 does not have plans for the property
and proceeds from the sale would benefit other District priorities. As such, the parties recognize
the development of a new Bozeman Community Center on that property may be in their
collective interest.
The parties also understand City voters must approve the sale of general obligation bonds at the
November 7, 2023 election for the City to proceed with purchase, development, and construction
of the project. In addition, the parties understand that if the voters approve the sale of bonds to
finance construction, the parties must then enter into a purchase and sale agreement at a price to
be negotiated. The City will consult with BSD7 on the design of the site and building and needed
infrastructure improvements.
The parties further understand that the contemplated purchase transaction represents a disposal
of BSD7 property. As such, it is subject to specific legal requirements that must be followed to
ensure BSD7 and its constituents are fairly compensated for the asset.
The parties understand it is in their best interest to continue to explore these and all other
aspects of the development of a new City library, recreation and aquatics center on this
property.
Mayor, City of Bozeman Chair, Bozeman School District #7
44
Memorandum
REPORT TO:City Commission
FROM:Ellie Staley, Executive Director Downtown Bozeman Partnership
SUBJECT:Authorize the City Manager to Sign a Professional Service Agreement with
Sprout Inc. to provide Tree Removal and Replanting Services to the
Downtown Bozeman Partnership
MEETING DATE:May 16, 2023
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign a Professional Service Agreement with
Sprout Inc. to provide Tree Removal and Replanting Services to the
Downtown Bozeman Partnership.
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:
The Downtown Bozeman Partnership is seeking professional services to
remove and replace three tree stumps in the downtown core district.
Between 2019 and 2022, thirteen dead trees along Main Street were cut
with intention to remove and replace stumps within the following year.
Covid and staffing issues extended the original completion and have required
for added support to the City Forestry Department from the Downtown
Bozeman Partnership in order to complete the needed work within a
reasonable timeline.
Five of the above mentioned trees were removed and replanted by the
Downtown Bozeman Partnership in summer of 2022, with eight tree stumps
remaining. The Downtown Bozeman Partnership has agreed to oversee the
removal and replacement for three of the remaining trees, recognizing they
may require additional work due to their size or underground compromises,
while the City Forestry Department has agreed to dig and replace the
remaining five trees internally. The remaining eight stumps do present a
safety hazard to pedestrians and must be completed as soon as possible. The
entire tree replacement project is slated to be fully complete by fall 2023.
The project is in accordance with the 2019 Downtown Bozeman
Improvement Plan.
45
UNRESOLVED ISSUES:None.
ALTERNATIVES:None.
FISCAL EFFECTS:Estimated Total Project Cost is $5400
Attachments:
PSA_Tree Project_Sprout-23.pdf
Report compiled on: May 8, 2023
46
Professional Services Agreement for Downtown Bozeman Tree Replacement Project 2023.
Page 1 of 13
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 27th_ day of _September_, 2022_
(“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing
municipal corporation organized and existing under its Charter and the laws of the State of Montana,
121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT
59771, hereinafter referred to as “City,” and, Sprout Inc Land & Hardscaping., hereinafter referred to
as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively
as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit A and by this reference made
a part hereof.
2. Term/Effective Date: This Agreement is effective upon the Effective Date and will
expire on the _28th_ day of _September_, 2022, unless earlier terminated in accordance with this
Agreement.
3. Scope of Services: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services. For conflicts between this Agreement and
the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4. Payment: City agrees to pay Contractor $37, 500.00. Any alteration or deviation
from the described services that involves additional costs above the Agreement amount will be
performed by Contractor after written request by the City, and will become an additional charge over
and above the amount listed in the Scope of Services. The City must agree in writing upon any
additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
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Professional Services Agreement for Downtown Bozeman Tree Replacement Project 2023.
Page 2 of 13
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific
steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that
Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief
to the City so as to permit the services to continue at no additional cost to City.
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Professional Services Agreement for Downtown Bozeman Tree Replacement Project 2023.
Page 3 of 13
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
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Professional Services Agreement for Downtown Bozeman Tree Replacement Project 2023.
Page 4 of 13
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right of
contribution for loss or damage to person or property arising from, growing out of, or in any way
connected with or incident to the performance of this Agreement except “responsibility for [City’s]
own fraud, for willful injury to the person or property of another, or for violation of law, whether
willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
• Workers’ Compensation – statutory;
• Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
• Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
• Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
• Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on the Commercial General,
Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements
must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation
or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of
notice that any required insurance coverage will be terminated or Contractor’s decision to terminate
any required insurance coverage for any reason.
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Professional Services Agreement for Downtown Bozeman Tree Replacement Project 2023.
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The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
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Professional Services Agreement for Downtown Bozeman Tree Replacement Project 2023.
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in progress.
c. In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of the
Notice of Termination for City’s Convenience.
d. The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature arising, or claimed to have arisen, as a result of the termination.
10. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be Ellie Staley, Executive Director of the Downtown Bozeman Partnership
or such other individual as City shall designate in writing. Whenever approval or
authorization from or communication or submission to City is required by this Agreement,
such communication or submission shall be directed to the City’s Representative and
approvals or authorizations shall be issued only by such Representative; provided, however,
that in exigent circumstances when City’s Representative is not available, Contractor may
direct its communication or submission to other designated City personnel or agents as
designated by the City in writing and may receive approvals or authorization from such
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persons.
b. Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be Ryan Hamilton or such other individual as Contractor shall
designate in writing. Whenever direction to or communication with Contractor is required by
this Agreement, such direction or communication shall be directed to Contractor’s
Representative; provided, however, that in exigent circumstances when Contractor’s
Representative is not available, City may direct its direction or communication to other
designated Contractor personnel or agents.
c. Notices: All notices required by this Agreement shall be in writing and
shall be provided to the Representatives named in this Section. Notices shall be deemed given
when delivered, if delivered by courier to Party’s address shown above during normal business
hours of the recipient; or when sent, if sent by email or fax (with a successful transmission
report) to the email address or fax number provided by the Party’s Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
13 Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
not refuse employment to a person, bar a person from employment, or discriminate against a person
in compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
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Professional Services Agreement for Downtown Bozeman Tree Replacement Project 2023.
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gender identity, physical or mental disability, except when the reasonable demands of the position
require an age, physical or mental disability, marital status or sex distinction. The Contractor shall
be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
16. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
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reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
18. Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist
in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
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24. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
30. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA ____________________________________
CONTRACTOR (Sprout Inc.)
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By________________________________ By__________________________________
Jeff Mihelich, City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
EXHIBIT A
PROJECT OVERVIEW:
The Downtown Bozeman Partnership is seeking professional services to remove and replace three
tree stumps in the downtown core district. Between 2019 and 2022, thirteen dead trees along
Main Street were cut with intention to remove and replace stumps within the following year.
Covid and staffing issues extended the original completion and have required for added support to
the City Forestry Department from the Downtown Bozeman Partnership in order to complete the
needed work within a reasonable timeline.
Five of the above mentioned trees were removed and replanted by the Downtown Bozeman
Partnership in summer of 2022, with eight tree stumps remaining. The Downtown Bozeman
Partnership has agreed to oversee the removal and replacement for three of the remaining trees,
recognizing they may require additional work due to their size or underground compromises,
while the City Forestry Department has agreed to dig and replace the remaining five trees
internally. The remaining eight stumps do present a safety hazard to pedestrians and must be
completed as soon as possible. The entire tree replacement project is slated to be fully complete
by fall 2023. The project is in accordance with the 2019 Downtown Bozeman Improvement Plan.
SCOPE OF SERVICES:
1. Contractor agrees to stump removal, planting and installing three trees, at the following
locations:
A. 132 East Main Street, in front of Bozeman Running Co. (1 large tree)
B. 424 East Main, Jacob’s Crossing Building (2 trees)
2. Contractor shall select tree species and cultivars from only the following:
o Alder (Alnus spp.) – single-trunk, tree form only
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o Amur cherry (Prunus maackii)
o Elms (Ulmus spp.) – ‘Brandon’ and ‘Accolade’ cultivars prohibited
o Hackberry (Celtis occidentalis)
o Hawthorn (Crataegus spp.) – thornless cultivars only
o Japanese tree lilac (Syringa reticulata)
o Kentucky coffeetree (Gymnocladus dioicus) – male cultivars only
o Kentucky yellowwood (Cladrastis kentuckea)
o Lindens (Tilia spp.) – ‘Harvest Gold’ cultivar only
o Red Maple (Acer rubrum) – ‘Northwood’ cultivar only
o Norway Maple (Acer platanoides)
3. Trees planted not to exceed more than three (3) individuals from any one species or
cultivar.
4. Only balled-and-burlapped trees or container-grown trees will be accepted; not to exceed
2.0” caliper.
5. Trees planted to include 3-4” layer of wood chip mulch.
6. Trees planted within tree pits shall include installation of ADA-compliant, cast-iron grates
and trunk guards. Additional grates and guards will be supplied by the Forestry Division.
7. All tree pits shall be excavated to a minimum depth of 24 inches and backfilled with 50%
native backfill soil and 50% compost/topsoil mix.
8. Contractor shall be responsible for removal of any remaining stumps, to a minimum depth
of twenty-four (24) inches.
9. Contractor shall adhere to ANSI Z133 for Arboricultural Operations – Safety Operations.
10. Contractor is required to implement a traffic control plan during construction.
11. Contractor shall remove and replace the existing electrical outlets, conduit and wiring as
required.
12. Contractor should document any presence of irrigation.
13. Contractor shall adhere to MUTCD standards for work within public rights of way.
14. Contractor shall clean the work site and remove any debris after completing work,
including the removal of branches, twigs and chips (Sec.16.05.360).
15. The proposed work areas of this contract are within the East Main Street right-of-way,
which is a state highway, owned and maintained by the department of transportation. The
contractor shall be responsible for contacting the Montana Department of Transportation
prior to beginning work and obtaining any permits and authorizations required by this
department to complete the proposed work.
SITE PREP NEEDED:
• Excavate existing soil to a depth of 2’; decompact and backfill with mix of existing soil +
amended topsoil
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• All tree pits shall be excavated to a minimum depth of 24 inches and backfilled with 50%
native backfill soil and 50% compost/topsoil mix.
• Contractor shall be responsible for removal of any remaining stumps, to a minimum depth
of twenty-four (24) inches.
MISC:
• Spacing/locations may be impacted by underground utility locates
• Additional coordination may be required with City of Bozeman Engineering, City
Community Development, NorthWestern Energy and adjacent property owners for two of
the trees with current conduit located at the base.
o Alex Norquest, City Forester – 406-582-3225, anordquest@bozeman.net
o Kellen Gamradt, City Engineer – 406-582-2283, kgamradt@bozeman.net
o Building Department Inspections – 406-582-2375
• Conflicting utility concerns may be reduced by planting smaller-growing tree species
DATES:
All work must be completed between May 15, 2023 and September 1, 2023. Once work begins,
completion must be within 60 days.
TOTAL ESTIMATED PROJECT COST - $5400, additional labor cost based on coordination time for
electrical needs
59
Memorandum
REPORT TO:City Commission
FROM:Kellen Gamradt, Engineer II
Shawn Kohtz, City Engineer
Nick Ross, Transportation & Engineering Director
SUBJECT:Authorize the City Manager to Sign an Amendment 1 to the Payment
Agreement with Bozeman Fiber, Inc. (dba Yellowstone Fiber) for City Costs
for Engineering and Inspection Services related to the Fiber-to-Premises
Broadband Project
MEETING DATE:May 16, 2023
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize City Manager to Sign Amendment No. 1
STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a
mechanism to encourage economic development.
BACKGROUND:As part of the City’s agreement to issue Yellowstone Fiber a Utility
Occupancy Permit and Street Cut Permit, the City requested, and
Yellowstone Fiber agreed, to have the City retain an engineering firm to do
the majority of the monitoring of Yellowstone Fiber’s project. Morrison-
Maierle, Inc was selected as the most qualified firm to complete these
services. On May 3, 2022, the Commission approved consent item H.7
authorizing the city manager to sign a Payment Agreement stating that
Yellowstone Fiber would compensate the City for Costs for Engineering and
Inspection Services related to this Project. The attached amendment
updates the payment agreement to account for anticipated workload for the
2023 construction season and current billing rates.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the commission
FISCAL EFFECTS:Approving this amendment to the payment agreement will ensure the costs
of the Morrison & Maierle contract for the Yellowstone Fiber project will be
covered by Yellowstone Fiber. Other effects include City engineering,
utilities, parks, and City Attorney’s Office time monitoring the project
Attachments:
Amendment No 1.docx
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Report compiled on: April 28, 2023
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FIRST AMENDMENT TO PAYMENT AGREEMENT FOR ENGINEERING SERVICES
THIS FIRST AMENDMENT TO THE PAYMENT AGREEMENT FOR ENGINEERING
SERVICES FOR Construction of a Three-Year Fiber Network Project dated April 11, 2022
(the “Agreement”) is made and entered into this _____ day of ____________, 2023, by and
between the CITY OF BOZEMAN, MONTANA,a self-governing municipal corporation
organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse
Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771,
hereinafter referred to as “City,” and Bozeman Fiber, Inc. dba Yellowstone Fiber, with a mailing
address of 77A Nugget Lane, Belgrade, Montana 59714 hereinafter referred to as “YF.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement
as follows:
1. First Amendment to the Professional Services Agreement.Amendment No.1 to the
Professional Services Agreement (the “Fiber PSA”)(attached) is hereby incorporated into the
Payment Agreement for Engineering Services.
2. Agreement still valid. All remaining terms and provisions of the original Agreement
remain valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
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IN WITNESS WHEREOF,the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA BOZEMAN FIBER, Inc.
By________________________________By_____________________________
Jeff Mihelich, City Manager Greg Metzger, Chief Executive Officer
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
63
Memorandum
REPORT TO:City Commission
FROM:Kellen Gamradt, Engineer II
Shawn Kohtz, City Engineer
Nick Ross, Transportation & Engineering Director
SUBJECT:Authorize the City Manager to Sign an Amendment 1 to the Professional
Services Agreement for Construction Oversight and Project Management of
the Yellowstone Fiber Project
MEETING DATE:May 16, 2023
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Approve and authorize the City Manager to sign amendment No. 1 to the
professional services agreement for Construction Oversight and Project
Management of the Yellowstone Fiber Project
STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a
mechanism to encourage economic development.
BACKGROUND:Yellowstone Fiber has received funding to construct a fiber optic network
within the City of Bozeman to serve all residential, institutional and
commercial properties. The majority of this work will require directional
boring to install these lines underground. The City is not presently staffed
sufficiently to oversee this work as it will require full time supervision from
the permitting process through the construction and restoration phases.
Morrison-Maierle was chosen as the most qualified firm to complete these
services based on the written proposals. The attached amendment updates
the City’s agreement with Morrison-Maierle for current wage rates and
anticipated workload for the 2023 construction season. You can view the
original professional services agreement from our Laserfiche repository.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the commission
FISCAL EFFECTS:The proposed professional services will be paid for by Yellowstone Fiber.
Morrison-Maierle will invoice the City and the City will invoice Yellowstone
Fiber and process the invoices
Attachments:
Amendment 1_PSA Engineering_Fiber Buildout April 28
2023.pdf
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Report compiled on: April 28, 2023
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First Amendment to Professional Services Agreement for 2022 CIPP Projects
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FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR
Fiber Buildout Engineering Services dated April 05, 2022 (the “Agreement”) is made and
entered into this _____ day of ____________, 2023, by and between the CITY OF BOZEMAN,
MONTANA, a self-governing municipal corporation organized and existing under its Charter and
the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing
address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and Morrison-
Maierle, Inc. hereinafter referred to as “Contractor.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement
as follows:
1. Addition to Scope of Services. Scope of Services (Exhibit 2A) for calendar year 2023, plus
January through March of 2024, has been added to the scope of services provisions.
2. Addition to Payment. Labor and Expense Schedule (Exhibit 2A.1) and Unit Rate Schedule
(Exhibit 2A.2) for calendar year 2023, plus January through March of 2024, has been added to
the payment provisions.
3. Agreement still valid. All remaining terms and provisions of the original Agreement
remain valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
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IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA MORRISON-MAIERLE, INC.
By________________________________ By_____________________________
Jeff Mihelich, City Manager Print Name: Travis Eickman
Title: Bozeman Operations Manager
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
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1
Exhibit 2A - Scope of Services for Fiber Buildout Engineering Services
April 2023
This scope of services covers the following items, as noted below, for Engineering Services
related to the buildout of fiber infrastructure within the City of Bozeman. Yellowstone Fiber will
be completing the design and construction of the fiber network through contracts with
subconsultants and several contractors. This scope of services will cover inspection/oversight of
the installation as described below.
Morrison-Maierle, Inc. will be completing inspection/oversight of the project occurring within
City of Bozeman rights, on property owned by the City, and within utility easements where
publicly owned water, sewer, and storm mains are being crossed/impacted. Impacts to City
owned non-utility infrastructure will be monitored as well. This work will be on behalf of the
City of Bozeman for the purpose of administration, permitting, construction oversight, traffic
control review, and restoration compliance. Effort for these services is based on the Standard
Billing Rate Schedule (Exhibit 2A.2) attached to and made part of this Exhibit 2A. The various
tasks and staff classifications assigned to the tasks are shown on Attachment 2A.1 attached to
and made part of this Exhibit 2A. The work is to be completed on a time and material basis and
the actual cost will be based on the project needs. The estimated cost for the 2023 calendar year,
plus January through March of 2024, is $1,250,000. The fee will be tracked monthly and if the
required effort is appearing to exceed the estimated cost, we will advise you as to the revised
expected cost for the contract period. The Standard Billing Rate Schedules will be updated each
contract period to reflect billing rate and reimbursable expense changes due to market conditions.
Amendments to the contact will be prepared and submitted to the City of Bozeman for review
and acceptance to update the rate schedule and adjust the total fee.
The estimated effort is based on information from Yellowstone Fiber on the size of the project
(entire City), duration of the project (3-years), estimated number of boring crews (up to 20),
number of contractors (2), anticipated permit application material, and our understanding of
expectations of the City. Actual effort will be dictated based on the needs of the project as it
progresses.
Morrison-Maierle will track effort for the 2023 calendar year, plus January through March 2024.
When effort reaches $700,000, Morrison Maierle will notify the City of Bozeman and
Yellowstone Fiber to schedule a review meeting to discuss the project, effort to date, and
anticipated effort through the end of the contract period.
Morrison-Maierle has agreed to set a not to exceed / stop work dollar amount of $900,000. Once
this First Amendment dollar amount has been reached, prior written authorization from the City
of Bozeman is required for work to continue.
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2
Task
100. Administration
Administration will include pre project meetings and coordination with the City
of Bozeman and Yellowstone Fiber. We will make decisions on specific
computer and data collection needs for the project. Software such as ArcGIS,
Smartsheet, Syncro, etc. will be used to process contractor permits, collect field
data, monitor progress, and communicate information to stakeholders. Tablets
will be utilized by field staff for this purpose.
Project meetings were eliminated at the request of Yellowstone Fiber during the
summer of 2022.
Smartsheets, a web-based platform, is planned to provide a platform for project
reporting. Permitting is anticipated to be reviewed and processed through
Smartsheet and will house a running database of permits for the entire project.
The City will obtain Smartsheet licenses and provide 3 user licenses to Morrison-
Maierle to utilize during the project. ArcGIS will be utilized in the field to collect
live project data on all potholing activities and disturbed City of Bozeman
infrastructure. Each City utility pothole and disturbed piece of City infrastructure
will be mapped with attributes such as location, date, contractor, permit number,
depth, material, restoration, address, weather, etc.
Management of the project will occur daily throughout the project, including
addressing the public’s requests for information. We have a dedicated staff with
our local office that City staff can forward these requests to. Senior level staff will
ensure that high quality work is provided throughout the project.
The City of Bozeman may provide supplementary inspection services during the
summer construction season to assist Morrison-Maierle during peak inspection
periods. The City inspector will be managed by City Engineering staff and
Morrison-Maierle will assist in coordinating the work to ensure data is collected
and documented in a manner consistent with the methods used on the project. The
purpose of this service is to assist Morrison-Maierle with the variable staffing
demands associated with this project and to ensure adequate inspection and
protection of City infrastructure. City inspection is dependent on the availability
of City staff and no guarantees will be made that this service will be provided.
200. Permitting Review
Task 200 covers the permitting of Yellowstone Fiber and their selected
contractors for work occurring on the project on City owned property or
easements contain City sewer, water, or storm mains. Due to the projects size and
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3
duration, we will prepare a “project-wide” occupancy permit application that
covers the entire project on an annual basis.
We will also prepare “work area” permits that contractors will submit throughout
the project. These “work area” permits will be reviewed and processed and
housed through Smartsheet. Each “work area” permit will include a traffic control
plan that will be reviewed for compliance with MUTCD and City requirements.
All permits will be based on current City permits, modified specifically for this
project.
An overall street cut permit, with a City approved fee structure and project
specific bonding requirements, will also be prepared for each contractor. Each
month we will prepare an accounting of all the street cuts/potholing that will
submitted to the City for invoicing to each contractor. The overall street cut
permits for each contractor will be revisited and updated each year to account for
any necessary modifications. All permits will be based on current City permits,
modified specifically for this project.
300. Construction Oversight, Traffic Control Supervision
This field task will provide oversight of the entire project over the estimated
three-year duration. Active construction is anticipated to commence in early
April of 2022 and be complete at the end of November 2024. As noted
previously, work beyond calendar year 2022 will be identified in an amendment
to this agreement.
Based on this information we estimate that multiple full time resident project
representatives (RPR’s) will be necessary to provide sufficient oversight of the
contractors/sub-contractors working throughout the City. The number of staff
assigned will be dependent on the activity of the various contractors and will vary
over the course of the project. These individuals will monitor schedules of the
crews, record project data, witness utility crossing clearances at potholes, record
disturbed City infrastructure, ensure restoration compliance, and provide project
updates/communications to contractors, project management, Yellowstone Fiber,
City staff, and stakeholder
In addition to the oversight on the fiber installation, the field staff will also be
monitoring each contractor’s traffic control for compliance with the approved
“work area” traffic control plan. Field staff will make suggestions on necessary
modifications to the plan based on field conditions and/or input from City staff.
Surveying services, for use when property or easement discrepancies exist, have
been included in a limited capacity. Our licensed surveyor can research
courthouse records and locate property boundaries as needed.
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4
A budget is provided for occasional compaction testing and concrete testing as the
work progresses to confirm that city specifications are being met at the locations
tested. The budgeted effort is not intended to check the overall project
compliance with the specifications but only to occasionally spot check conditions.
During field inspection, field staff will utilize tools to complete their work. These
tools include vehicles, tablets, software, nuclear density meters, concrete testing
equipment, and survey equipment, these will be billed per unit used on the
project.
400. Warranty Restoration Compliance
In 2024 it is anticipated that an amendment to the agreement will be entered into
to ensure contractor compliance with city specifications for the 1-year warranty
period following the completion of the 3rd year of work. We will coordinate a
“walk-through” of the work completed during the 3rd year, create a punch list of
required items to be addressed by the contractor, and coordinate the correction,
removal, and/or replacement of defective work. The walk throughs and warranty
work for the first two years will occur during the construction oversight task
(#300 above).
500. January through March 2023 Actual Effort
Included within this scope of work is effort incurred during the months of January
through March of 2023. This effort is based on actual billing for the months of
January, February, and March of 2023. Total billing was $31,413.88. Future
contracts, at the request of Yellowstone Fiber, will run from April to April.
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Exhibit 2A.1 - Labor and Expense Schedule
City of Bozeman, MT - Fiber Buildout Engineering Services
Prepared For: Lance Lehigh, PE, CFM, City of Bozeman Interim City Engineer
Staff Labor
Task or Division Assigned Rate
100 - Administration
Supervising Engineer $238.00
Project Manager $183.00
Construction Manager $143.00
Project Manager $183.00
Construction Manager $143.00
Project Manager $183.00
Construction Manager $143.00
104. Project Management Project Manager $183.00
105. Fielding Calls Administrative Coordinator $87.00
106. Quality Assurance/Quality Control Supervising Engineer $238.00
200 - Permitting Review
Project Manager $183.00
Construction Manager $143.00
Project Manager $183.00
Construction Manager $143.00
Project Manager $183.00
Construction Manager $143.00
Project Engineer $183.00
Construction Manager $143.00
205. Quality Assurance/Quality Control Supervising Engineer $238.00
300 - Construction Oversight, Traffic Control Supervision
Construction Manager $143.00
Resident Project Representative
(average rate)$130.00
Construction Manager $143.00
Resident Project Representative
(average rate)$130.00
303. Land Surveyor Property Verifications /
Couthouse Research Land Surveyor $153.00
400 - Warranty Restoration Compliance
Project Manager $183.00
Construction Manager $143.00
Resident Project Representative
(average rate)$130.00
500 - January throgh March 2023 Actual Effort
501. January through March 2023 Invoices for
work incurred."Invoiced" $31,413.88
Direct Expenses Charge Rate
Vehicle (mi)$0.86
RPR Inspection Tablets, $50/month each $50.00
Nuclear Density Meter (day)$35.00
Concrete Strength Testing 4" cylinders (test
per set - Lab Only)$160.00
Survey Equipment (hour)$30.00
401. One year warranty walk-through (verify
restoration from 3rd year of work)
302. Winter Project Oversight - Dec though
Mar
101. Initial Project Setup
Meetings/Coordination/Software/Permits (N/A
to Contract Amendment)
103. Project Reports - City Communication
201. Prepare/Update/Review Project Wide
Street Cut Permit
102. Project Meetings
202. Review Work Area Occupancy Permits
203. Review Traffic Control Plans
204. Street Cut Inventory
301. Summer Project Oversight - Apr though
Nov
1
72
Standard Billing Rate Schedule
Effective ThruJune 30, 2023
Standard Rate Overtime Rate
Engineer Supervising Engineer V 265.00 265.00
Supervising Engineer IV 259.00 259.00
Supervising Engineer III 238.00 238.00Supervising Engineer II 227.00 227.00Supervising Engineer I 216.00 216.00Senior Engineer II 200.00 200.00Senior Engineer I 183.00 183.00Design Engineer II 172.00 172.00Design Engineer I 159.00 159.00
Engineer Intern II 138.00 138.00
Engineer Intern I 121.00 121.00
Planner Supervising Senior Planner 218.00 218.00Senior Planner 181.00 181.00Planner III 147.00 147.00
Planner II 134.00 134.00
Planner I 117.00 117.00
Scientist Supervising Environmental Scientist 227.00 227.00Environmental Scientist III 181.00 181.00Environmental Scientist II 138.00 138.00
Environmental Scientist I 117.00 117.00
Environmental Technician 103.00 103.00
Supervising Geologist 245.00 245.00Senior Geologist 216.00 216.00Geologist III 186.00 186.00Geologist II 159.00 159.00Geologist I 136.00 136.00
Designer and Technician Senior Communications Designer 221.00 221.00Communications Designer 121.00 121.00CAD Designer III 151.00 151.00CAD Designer II 139.00 139.00CAD Designer I 129.00 193.00CAD Tech III 126.00 190.00CAD Tech II 108.00 162.00
CAD Tech I 95.00 143.00
Senior Engineering Technician 178.00 178.00Engineering Technician 121.00 121.00
Resident Project Representative Senior Resident Project Representative 170.00 170.00Resident Project Representative III 161.00 161.00
Resident Project Representative II 143.00 143.00
Resident Project Representative I 122.00 183.00
Administrative Administrative Manager 122.00 122.00Administrative Coordinator III 113.00 113.00Administrative Coordinator II 107.00 160.00Administrative Coordinator I 87.00 131.00
Project Coordinator III 110.00 110.00
Project Coordinator II 99.00 149.00Project Coordinator I 89.00 133.00Technical Intern 83.00 125.00Senior Communication Specialist 124.00 124.00Graphic Designer 103.00 103.00Health & Safety Administrator 136.00 136.00
Survey Senior Survey Manager 219.00 219.00Survey Manager 171.00 171.00Land Surveyor IV 164.00 164.00Land Surveyor III 153.00 153.00Land Surveyor II 140.00 140.00Land Surveyor I 130.00 130.00Remote Sensing Specialist II 145.00 145.00
Remote Sensing Specialist I 135.00 135.00
Survey Technician IV 125.00 125.00Survey Technician III 111.00 167.00Survey Technician II 95.00 143.00Survey Technician I 78.00 117.00
Expert Witness Recommended rate for expert witness services (depositions and/or time in court) is charged at an hourly rate of 150-200% of the standard billing rate.
12/21/2022
Exhibit 2A.2
73
Memorandum
REPORT TO:City Commission
FROM:Addi Jadin, Park Planning and Development Manager
Mitch Overton, Director of Parks and Recreation
SUBJECT:Authorize the City Manager to Sign an Amendment 1 to Sanderson Stewart
Contract for Westlake Park
MEETING DATE:May 16, 2023
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize City Manager to Sign the First Amendment to Sanderson Stewart
Contract for Westlake Park
STRATEGIC PLAN:3.4 Active Recreation: Facilitate and promote recreational opportunities and
active health programs and facilities.
BACKGROUND:This amendment will allow Sanderson Stewart to move forward from the
design phase to the construction oversight phase of the Westlake Park
Improvements project (site plan application 21335).
UNRESOLVED ISSUES:NA
ALTERNATIVES:Per Commission
FISCAL EFFECTS:Funding for the contract is included in the project budget which includes
Cash-in-lieu of Parkland and Midtown funding.
Attachments:
PSA Amendment Sanderson Stewart Westlake.docx
Services_Agreement_Amendment_No._1_050423.pdf
Report compiled on: May 5, 2023
74
First Amendment to Professional Services Agreement for Parks, Recreation and Active Transportation Plan
FY 2023 – FY 2024
Page 1 of 2
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR
Parks, Recreation and Active Transportation Plan dated July 13, 2021 (the “Agreement”) is made
and entered into this _____ day of ____________, 2023, by and between the CITY OF
BOZEMAN, MONTANA,a self-governing municipal corporation organized and existing under
its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with
a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and
SANDERSON STEWART, 106 East Babcock, Suite L1, Bozeman, MT 59715, hereinafter
referred to as “Contractor.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement
as follows:
1.Extension of Term. Section 2 of the Agreement is extended until November 30, 2023.
2.Change to Scope of Services. Section 3 of the Agreement is changed to include the
elements described in Exhibit A: Services Agreement – Amendment No. 1.
3.Payment. Section 4 of the Agreement is changed to reflect the additional Scope of
Services. The project cost is not to exceed $50,000.
4.Agreement still valid. All remaining terms and provisions of the Agreement remain valid.
Consent to Electronic Signatures: The Parties have consented to execute this Agreement
electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30,
Chapter 18, Part 1, MCA.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
75
First Amendment to Professional Services Agreement for Parks, Recreation and Active Transportation Plan
FY 2023 – FY 2024
Page 2 of 2
IN WITNESS WHEREOF,the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA SANDERSON STEWART,
CONTRACTOR
By________________________________By_____________________________
Jeff Mihelich, City Manager Danielle Scharf, Principal
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
76
__________
PM Initials
SERVICES AGREEMENT - AMENDMENT NO. 1
1. Project/Services Agreement Information
Project Name: Westlake Park BMX Track – Landscape & Design
Sanderson Stewart Project Number: 18098.18
Client Name: City of Bozeman Parks & Recreation
Effective Date of Original Subconsultant Services Agreement: 12/22/2020
2. Description of Services Agreement Modifications
Final bidding documents for the West Lake Park, Irrigation Design, and Construction
Administration services for the proposed renovations to West Lake Park Project,
located at 5th Ave, Bozeman, Montana.
Scope includes the following items:
• Civil Storm Pipe Re-route Design
o Relocation of existing pipe below the proposed pump track starting hill
o Rim/Inverts and pipe size of relocation, addition to permit/bid documents
o Storm Drainage Plans
• Bidding Documents – Sanderson Stewart will provide construction bid
documents and the following bidding services as outlined below: o Bid Advertisement o Form of Bid/bid bond/special provisions/instructions to bidders o Pre-Bid Mtg/Agenda
• Construction Administration Services – Sanderson Stewart will provide
limited inspection services for West Lake Park, associated with the grading,
drainage, and renovations to the pump track, plaza space, and landscape areas.
Field Reports will be provided in electronic format from Sanderson Stewarts
construction report software, Raken. Scope or work is as follows:
o Pay applications review
o Field reports – for site visits required o Submittal Review o RFI o Site Inspection for Storm Pipe Re-route o Planting site inspection
o Irrigation Testing inspection
o Substantial Completion Walk of Site
77
o Substantial Completion Punchlist o Final Completion Walk
3. Fee Modifications
Original services agreement fee: $ 23,000.00
Total fees for prior Amendments: $ 0.00
Total services agreement fee with prior Amendments: $ 23,000.00
Proposed fee for this Amendment: $ 27,000.00
Total services agreement fee with all Amendments: $ 50,000.00
Client and Sanderson Stewart hereby agree to modify the above-referenced Services Agreement
as set forth in this Amendment. All provisions of the Services Agreement not specifically modified
by this, or any prior Amendments shall remain in effect. The effective date of this Amendment
shall be the signature date of the Client as shown below.
CLIENT SANDERSON STEWART
Signature: Signature:
Printed: Printed:
Title: Title:
Date: Date:
78
Memorandum
REPORT TO:City Commission
FROM:Addi Jadin, Park Planning and Development Manager
Mitch Overton, Director of Parks and Recreation
SUBJECT:Authorize City Manager to Sign an Amendment 2 to Professional Services
Agreement for Parks, Recreation and Active Transportation Plan
MEETING DATE:May 16, 2023
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize City Manager to Sign an Amendment 2 to Professional Services
Agreement for Parks, Recreation and Active Transportation Plan
STRATEGIC PLAN:3.4 Active Recreation: Facilitate and promote recreational opportunities and
active health programs and facilities.
BACKGROUND:On July 13, 2021 the City of Bozeman entered into a Professional Services
Agreement (PSA) with Agency Landscape and Planning LLC for the Parks,
Recreation and Active Transportation Plan (PRAT Plan). The first amendment
to the contract allowed for wayfinding plan components to be added to the
scope of work. The second amendment will allow a revised scope of work to
address comments from the Urban Parks and Forestry Board, City
Commission and the public that are outside of the initial scope of work but
important to the completion of the project. The second amendment allows
for the revision and additional travel and meeting attendance.
UNRESOLVED ISSUES:NA
ALTERNATIVES:Per Commission
FISCAL EFFECTS:Additional services as requested by City Commission shall not exceed
$22,800.
Attachments:
PSA Amendment 2 Agency LP.docx
ExhibitA_Additional Services.pdf
Report compiled on: May 5, 2023
79
Second Amendment to Professional Services Agreement for Parks, Recreation and Active Transportation Plan
FY 2023 – FY 2024
Page 1 of 2
SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT
FOR Parks, Recreation and Active Transportation Plan dated July 13, 2021 (the “Agreement”) is
made and entered into this _____ day of ____________, 2023, by and between the CITY OF
BOZEMAN, MONTANA,a self-governing municipal corporation organized and existing under
its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with
a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and
AGENCY LANDSCAPE AND PLANNING LLC, hereinafter referred to as “Contractor.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement
as follows:
1.Extension of Term. Section 2 of the Agreement is extended for an additional five (5)
month period. The Agreement shall terminate on September 30, 2023.
2.Change to Scope of Services. Section 3 of the Agreement is changed to include the
elements described in Exhibit A: Scope of Work for Revisions.
3.Payment. Section 4 of the Agreement is changed to reflect the additional Scope of
Services. The project cost is not to exceed $213,800.
4.Agreement still valid. All remaining terms and provisions of the Agreement remain valid.
Consent to Electronic Signatures: The Parties have consented to execute this Agreement
electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30,
Chapter 18, Part 1, MCA.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
80
Second Amendment to Professional Services Agreement for Parks, Recreation and Active Transportation Plan
FY 2023 – FY 2024
Page 2 of 2
IN WITNESS WHEREOF,the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA AGENCY LANDSCAPE AND
PLANNING LLC
By________________________________By_____________________________
Jeff Mihelich, City Manager Brie Hensold, Principal Planner
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
81
Bozeman Parks, Recreation and Active Transportation Plan
Agency #AG2110
Addi Jadin
City of Bozeman
Parks and Recreation Department
P.O. Box 1230
Bozeman, MT 59771
April 28, 2023
Subject: Request for fees for additional services
Dear Addi,
This letter outlines a request for fees for additional services and is proposed to serve as
Amendment #2 to the City of Bozeman Professional Services Contract between the City of
Bozeman (“Client”) and Agency Landscape + Planning, LLC (“Agency”) made as of July 13, 2021
(“Agreement”) for the Bozeman Parks, Recreation and Active Transportation Plan (“Project”).
Contract Extension
Agency is requesting that the City extend the plan contract timeline to August 31, 2023 and
provide additional fees to cover scope and process changes and extension of the schedule and
inclusion of additional meetings and additional feedback related to the plan document for the
approval of the Project. We note the following points related to this:
Approval Schedule Extension and Additional Project Meetings
The approval schedule has extended, as discussed previously, for several reasons. The
engagement of additional stakeholders including the Transportation Board, GVLT, and additional
meetings for Urban Parks and Forestry Board review go beyond the typical approvals process for
this plan. Though the feedback from those meetings, and the requests by the City Commission go
above and beyond the initial expectations outlined in the original contract, the Client and Agency
are prepared to respond to feedback through an additional round of report edits and inclusions
as follows:
Expand the Plan Lens
-Though the original scope of work did not include sensitive lands recommendations, the
PRAT plan will include recommendations in support of the Sensitive Lands Plan and in
support of a balanced urban parks system.
-Address active transportation needs from GVLT, Transportation Board, and City
Commission together with Client.
-The PRAT plan commits to actions that are derived directly from the community. Agency
and the Client will review GVLT, Transportation Board, and City Commission requests
against the desires of the community when editing recommendations.
Guide Plan Implementation
- The request for a prioritized list of projects to support future capital improvement plans
for both trails, parks and amenities is outside of the scope of work, but will be important
for the City to plan for the future open space system.
-The plan should be centered on equity. Edits to the report will clarify the role of equity in
all decision making and project implementation.
Reconfigure the Plan Document
-Include an executive summary or graphic table of contents for navigation purposes
Exhibit A - Second Amendment to PSA
82
Agency Landscape + Planning | 2
-Simplify report language and make the principles and strategies more direct
-Simplify report layout and reduce use of color in text narrative, especially colors that are
“noncompliant”.
Additional Services Request
The table below illustrates the tasks, meetings and milestones needed in order to complete the
project based on the description of additional project requests above.
Task Total Fee
Additional meetings to present final PRAT document, including
additional meetings with UPFB, City Commission, GVLT, and
Transportation Board. This could include UDC discussions as needed.
Agency will attend two of these meetings in person.
$2,400
Third round of report revisions based on Transportation Board, GVLT
comments identified as out of scope. $5,850
Third round of report edits for requests out of scope, but requested by
City Commission, including layout revisions and project prioritization. $10,950
Total Labor $19,200
Reimbursable Expenses for Two Trips $3.600
Agency looks forward to completing the project in the summer of 2023 and asks for the Client’s
consideration of the above in our request for an additional fee not to exceed $19,200 (nineteen
thousand two hundred dollars) and reimbursable expenses not to exceed $3,600 (three thousand
six hundred dollars) to be billed in accordance with the terms of the Agreement. This is not
intended to fully represent the hours dedicated to the project but is meant to incorporate
additional conversations, reviews, and presentations above those originally included in the
original scope of work.
This Amendment is entered into as of the day and year first written above.
Agency Landscape + Planning, LLC City of Bozeman
______________________________________ ____________________________________
Brie Hensold, Principal Signature
____________________________________
Printed Name and Title
83
Memorandum
REPORT TO:City Commission
FROM:Jesse DiTommaso, Economic Development Specialist
Mike Veselik, Economic Development Program Manager
Brit Fontenot, Economic Development Director
SUBJECT:Authorize the City Manager to Sign the Fifth Amendment to Professional
Services Agreement with Central House Strategies for Lobbying Services
MEETING DATE:May 16, 2023
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:I move to approve the amendment to Professional Services Agreement with
Central House Strategies for Lobbying Services
STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other
public agencies and build on these successes.
BACKGROUND:An amendment to extend the contract with Central House Strategies
through the interim session of the Montana State Legislature. The
amendment also establishes a new scope of work and rate schedule for the
interim session. The amendment will allow staff and the contractor to
advance City priorities and prepare the City for a successful legislative
session beginning in January 2025.
UNRESOLVED ISSUES:No Unresolved
ALTERNATIVES:Alternatives as proposed by the Commission
FISCAL EFFECTS:$3,000 per month, $36,000 total for FY24
Attachments:
Fifth PSA Amendment for lobbying services with Central
House Strategies.docx
Report compiled on: May 4, 2023
84
Third Amendment to Professional Services Agreement for Lobbying Services
FY 2021 – FY 2022
Page 1 of 3
FIFTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT DATED
OCTOBER 20, 2020 ASSIGNED TO CENTRAL HOUSE STRATEGIES
THIS FIFTH AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR
lobbying services dated October 20, 2020 (the “Agreement”) is made and entered into this 16th
day of May, 2023, by and between the CITY OF BOZEMAN, MONTANA,a self governing
municipal corporation organized and existing under its Charter and the laws of the State of
Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230,
Bozeman, MT 59771, hereinafter referred to as “City,” and Central House Strategies, PO Box 878,
Helena, MT 59624, hereinafter referred to as “Contractor.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement
as follows:
1.Updated Scope of Work. The Attached Scope of Work and Fee schedule will govern the
relationship between the City and the Contractor for the duration of the interim legislative
session from May 16, 2023 to October 31, 2024.
2.Extension. The Professional Services Agreement is extended until October 31, 2023.
3.Agreement still valid. All remaining terms and provisions of the Agreement remain valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
85
Third Amendment to Professional Services Agreement for Lobbying Services
FY 2021 – FY 2022
Page 2 of 3
IN WITNESS WHEREOF,the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA CENTRAL HOUSE STRATEGIES
By________________________________By_____________________________
Jeff Mihelich, City Manager SK Rossi, Managing Partner
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
86
Third Amendment to Professional Services Agreement for Lobbying Services
FY 2021 – FY 2022
Page 3 of 3
APPENDIX A
PROPOSED SCOPE(S) OF WORK (SOW): CITY OF BOZEMAN
JUNE 1, 2023 – OCTOBER 31, 2024
OPTION 3: INTERIM LEGISLATIVE ADVOCACY, COALITION BUILDING, AND STAKEHOLDER
OUTREACH
●Monitor local government interim committee;
●Send a summary of local government interim committee activities to Bozeman staff;
●Advocacy work with interim committee members, other legislators, and local government
advocacy partners on interim committee issues;
●Engage Bozeman staff in the building and facilitation of a statewide coalition to reform taxes;
●Engage with and educate current legislators and candidates to increase their understanding of
local government issues and the importance of local government to the health and well-being of
Montana residents.
●Weekly meeting with Bozeman staff.
Fee: 3,000/month, June 2023 – October 2024
87
Memorandum
REPORT TO:City Commission
FROM:Bernie Massey, Assistant Treasurer
Laurae Clark , Treasurer
Melissa Hodnett, Finance Director
SUBJECT:Resolution 5482 Creation of Special Improvement Lighting District 779
Norton East Ranch Phase 6
MEETING DATE:May 16, 2023
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Adopt Commission Resolution No. 5482 Creation of Special Improvement
Lighting District 779 Norton East Ranch Phase 6.
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:The Commission did on April 11, 2023 adopt Commission Resolution No.
5481 / Intent to Create Special Improvement Lighting District 779, Norton
East Ranch Phase 6 as per MCA 7-12-4301. The property owner has been
noticed of the public hearing on this date. Creating a lighting district is a
requirement of final plat approval.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission
FISCAL EFFECTS:As a result of creating this lighting district, the City will pay the associated
power bills and schedule system maintenance. We will recover these costs
by billing property owners each year on their City Assessment bill. It is
estimated to cost $12.48 per acre within the district or $264.00 annually for
the entire district, or on an average size lot of 230,432 square feet the
annual estimated cost would be $66.14 which is payable semiannually.
Attachments:
Resolution 5482-Creation of SILD 779 .doc
Report compiled on: March 28, 2023
88
Page 1 of 4
RESOLUTION 5482
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO LIGHTING DISTRICT NO. 779 NORTON EAST RANCH
PHASE 6 CREATING THE DISTRICT FOR THE PURPOSE OF MAINTAINING
LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS OF MAINTENANCE AND
ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL
ASSESSMENT.
BE IT RESOLVED by the City Commission (the “Commission”) of the City of
Bozeman, Montana (the “City”), as follows:
Section 1
Passage of Resolution of Intention. This Commission, on April 11, 2023, adopted Resolution No.
5481 (the “Resolution of Intention”), pursuant to which this Commission declared its intention to
create a special lighting district, designated as Special Lighting District No. 779 (NORTON EAST
RANCH PHASE 6 of the City (the “District”), under Montana Code Annotated, Title 7, Chapter 12,
Part 43, as amended (the “Act”), for the purpose of financing costs of certain local improvements
described generally therein (the “Improvements”) and paying costs incidental thereto, including costs
associated with the creation and administration of the District.
Section 2
Notice and Public Hearing. Notice of passage of the Resolution of Intention was duly published,
posted and mailed in all respects in accordance with law, and on May 16, 2023, this Commission
89
Resolution 5482, Creation of SILD 779
Page 2 of 4
conducted a public hearing on the creation of the District and the making of the Improvements. The
meeting of this Commission at which this resolution was adopted is the first regular meeting of the
Commission following the expiration of the period ended 15 days after the first date of publication of
the notice of passage of the Resolution of Intention (the “Protest Period”).
Section 3
Protests. Within the Protest Period, no protests were filed with the City Clerk.
Section 4
Creation of the District; Insufficiency of Protests. The District is hereby created on the terms and
conditions set forth in and otherwise in accordance with, the Resolution of Intention. The findings
and determinations made in the Resolution of Intention are hereby ratified and confirmed.
Section 5
Preparation and Levying of Assessments. It shall be the duty of the City Clerk to prepare all
necessary schedules and resolutions for the levying of assessments in the District necessary to
finance the Improvements and present such resolution to this Commission for adoption in
conformance with Section 7-12-4328, M.C.A., on or before the first Monday in October.
The City Clerk is authorized to provide notice of the resolution of assessment and schedule
a public hearing therefore in conformance with Sections 7-12-4329 and 7-12-4330, M.C.A., and
upon final passage of such resolution deliver it to the City Treasurer.
Section 6
Lighting District Fund Established. There is hereby created a fund to be known as the Special
Lighting District No. 779 Fund (the “Fund”). All money derived from the collection of the
assessments as provided in Section 5 herein and the Act shall be deposited in the Fund and used to
90
Resolution 5482, Creation of SILD 779
Page 3 of 4
pay costs of the Improvements.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 16
th day of May, 2023.
___________________________________
CYNTHIA ANDRUS
Mayor
ATTEST:
________________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
91
Resolution 5482, Creation of SILD 779
Page 4 of 4
CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE
I, the undersigned, being the duly qualified and acting recording officer of the City of
Bozeman, Montana (the “City”), hereby certify that the attached resolution is a true copy of
Resolution No. 5482 entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT 779(NORTON EAST
RANCH PHASE 6); CREATING THE DISTRICT FOR THE PURPOSE OF MAINTAINING
LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR MAINTENANCE
AND ENERGY THEREFOR TO BENEFITTED PROPERTY BYTHE LEVY OF SPECIAL
ASSESSMENT,(the “Resolution”), on file in the original records of the City in my legal custody;
that the Resolution was duly adopted by the City Commission of the City at a meeting on May 16,
2023 and that the meeting was duly held by the City Commission and was attended throughout by a
quorum, pursuant to call and notice of such meeting given as required by law; and that the
Resolution has not as of the date hereof been amended or repealed.
I further certify that, upon vote being taken on the Resolution at said meeting, the
following Commissioners voted in favor thereof:______________________________________
_______________________________ ; voted against the same: _________________________;
abstained from voting thereon: ________________ ; or were absent:__________________.
WITNESS my hand officially this 16th day of May, 2023.
___________________________________
MIKE MAAS
City Clerk
92
Memorandum
REPORT TO:City Commission
FROM:Brit Fontenot
SUBJECT:Pole Yard Urban Renewal District Fiscal Year 2024 Workplan and Budget and
Fiscal Year 2023 Annual Report
MEETING DATE:May 16, 2023
AGENDA ITEM TYPE:Finance
RECOMMENDATION:I move to approve the preliminary Pole Yard Urban Renewal District Fiscal
Year 2024 Work Plan and Budget.
STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a
mechanism to encourage economic development.
BACKGROUND:
The Pole Yard Urban Renewal District was created in 2020. Despite the
relative new-ness of the district, the URD has an estimated balance of
$600,000 This is only the second proposed Work Plan and Budget for the
District.
UNRESOLVED ISSUES:None at this time.
ALTERNATIVES:As proposed by the City Commission.
FISCAL EFFECTS:Staff is requesting budget authority to spend up to $600,000 of existing cash-on-
hand to move projects and development agreements forward in the District.
Additional district funds could be devoted to the design or construction of public
infrastructure that serves the District. Specifically, $500,000 of these funds could
be allocated to the construction of quiet zone improvements at the Rouse Ave.
crossing in the event the project moves forward within the fiscal year.
Attachments:
FY24 PYURD Budget Memo 5.16.23.docx
Pole Yard URD FY 24 Work Plan and Budget.pdf
Report compiled on: May 2, 2023
93
Memorandum
REPORT TO:City Commission
FROM:David Fine, Economic Development Program Manager
Brit Fontenot, Economic Development Director
SUBJECT:Pole Yard Urban Renewal District Fiscal Year 2024 Work Plan and Budget and
Fiscal Year 2023 Annual Report
MEETING DATE:June 16, 2023
AGENDA ITEM TYPE:Finance
RECOMMENDATION:I move to approve the Pole Yard Urban Renewal District Fiscal Year 2023
Work Plan and Budget.
STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a
mechanism to encourage economic development.
BACKGROUND:The Pole Yard Urban Renewal District was created in 2020 and has limited
fiscal resources as a result its recent creation. This is the first proposed
Work Plan and Budget for the District.
Staff is requesting budget authority to spend up to $100,000 of existing cash-on-
hand to move projects and development agreements forward in the District.
Additional funds could be devoted to the design or construction of public
infrastructure that serves the District. Specifically, $500,000 of these funds could
be allocated to the construction of quiet zone improvements at the Rouse Ave.
crossing in the event the project moves forward within the Fiscal Year.
UNRESOLVED ISSUES:None at this time.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:Staff is requesting an appropriation of $600,000 from the Pole Yard Urban
Renewal District tax increment fund.
Attachments:
Pole Yard URD FY 24 Work Plan and Budget
Report compiled on: May 2, 2022
1
94
POLE YARD URBAN RENEWAL DISTRICT
FY2023 ANNUAL REPORT
and
FY2024 WORK PLAN AND BUDGET
The Purpose and Intent of the Pole Yard Urban Renewal District and Plan
The creation of the URD in the Pole Yard enables the City of Bozeman to eliminate conditions that
contribute to blight substantially impairing sound growth of the City through investments in public
infrastructure and efficient delivery of public services.
Goals of the Pole Yard Urban Renewal District Plan
GOAL 1. Promote Innovative Economic Development
Rationale: Commerce strengthens the community, opens reinvestment opportunities, enables
livable wage jobs, and supports the sound growth of the community, helping to eliminate
conditions that contribute to blight.
GOAL 2. Enable Enhanced Connectivity and Mobility
Rationale: Connecting neighborhoods through investments in multi-model transportation corridors
strengthens the fiber of the community.
GOAL 3. Invest in Efficient Delivery of Public Infrastructure
Rationale: Infrastructure is the backbone of the community. Private development typically requires
a corresponding public investment in infrastructure. Capital improvements will help achieve
economic vitality and support the delivery of public services.
GOAL 4. Foster Urban Neighborhood Coherency
Rationale: Higher concentration of development achieves greater efficiency in the delivery of public
services. Urban growth, oriented to centers of employment and activity, can reduce or eliminate
commute times, lower transportation costs and create vitality and a sense of community.
Integrated elements of growth, ensuring a cohesive neighborhood that in turn contributes to the
well-being of the entire community, will reduce geographic, as well as economic and social
isolation.
GOAL 5. Protect Public Health
Rationale: An area that includes a superfund site presents the need for increased diligence to
comply with the obligation to not exacerbate the human health contact risk or environmental
contamination.
GOAL 6. Encourage the Retention of Existing Businesses
Rationale: Urban infill development can affect the community through such things as additional
traffic and noise, particularly when the existing public systems do not meet current standards.
95
GOAL 7. Respect Critical Environments
Rationale: Riparian and wetland areas provide benefits to the community through such things as
filtering urban runoff, providing habitat for wildlife and flood protection.
Pole Yard Urban Renewal District (PYURD)
FY2023 Annual Report (July 1, 2022 to June 30, 2023)
Highlights of investments over $15,000 are documented below.
No funds were expended in the PYURD in FY 2023.
Pole Yard Urban Renewal District (PYURD)
FY2024 Work Plan (July 1, 2023 to June 30, 2024)
The Pole Yard Urban Renewal District was created in 2020 and has limited fiscal resources as a result its
recent creation.
Professional Services / Outside Counsel / Public Infrastructure $600,000
Staff is requesting budget authority to spend up to $600,000 of existing cash-on-hand to
move projects and development agreements forward in the District. These funds could also be
devoted to the design or construction of public infrastructure that serves the District.
Specifically, $500,000 of these funds could be allocated to the construction of quiet zone
improvements at the Rouse Ave. crossing in the event the project moves forward within the
Fiscal Year.
96
Memorandum
REPORT TO:City Commission
FROM:Brit Fontenot
SUBJECT:
North Park Urban Renewal District Fiscal Year 2024 Work Plan and Budget
and Fiscal Year 2023 Annual Report
MEETING DATE:May 16, 2023
AGENDA ITEM TYPE:Finance
RECOMMENDATION:I move to approve the preliminary North Park Urban Renewal District Fiscal
Year 2024 Work Plan and Budget.
STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a
mechanism to encourage economic development.
BACKGROUND:The North Park Urban Renewal District was created in 2017. Due to the slow
pace of development, and until recently, the North Park Urban Renewal
District (the District) has not had the tax increment funds to propose a
meaningful Work Plan and Budget.
UNRESOLVED ISSUES:None at this time.
ALTERNATIVES:As proposed by the City Commission.
FISCAL EFFECTS:Staff is requesting budget authority to spend up to $160,200 of existing
cash-on-hand to move projects and development agreements forward in the
District and respond to opportunities as they arise. These funds could also be
devoted to the design or construction of public infrastructure that serves the
District.
Attachments:
FY24 NPURD Biudget and WP Memo 5-16-23.docx
NP URD Work Plan and Budget FY 24 DRAFT.pdf
Report compiled on: May 2, 2023
97
Memorandum
REPORT TO:City Commission
FROM:David Fine, Economic Development Program Manager
Brit Fontenot, Economic Development Director
SUBJECT:North Park Renewal District Fiscal Year 2024 Work Plan and Budget and
Fiscal Year 2023 Annual Report
MEETING DATE:June 16, 2022
AGENDA ITEM TYPE:Finance
RECOMMENDATION:I move to approve the North Park Renewal District Fiscal Year 2024 Work
Plan and Budget
STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a
mechanism to encourage economic development.
BACKGROUND:The North Park Urban Renewal District was created in 2017. Due to the slow
pace of development, and until recently, the North Park Urban Renewal
District (the District) has not had the tax increment funds to propose a Work
Plan and Budget.
Staff is requesting budget authority to spend up to $160,200 of existing
cash-on-hand to move projects and development agreements forward in
the District and respond to opportunities. These funds could also be
devoted to the design or construction of public infrastructure that serves
the District.
UNRESOLVED ISSUES:None at this time.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:Staff is requesting appropriations of $160,200 from the North Park Urban
Renewal District tax increment fund.
ATTACHMENTS:
NP URD Work Plan and Budget FY 24 FINAL
Report compiled on: May 2, 2023
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98
NORTH PARK URBAN RENEWAL DISTRICT
FY2023 ANNUAL REPORT
and
FY2024 WORK PLAN AND BUDGET
Goals of the North Park Urban Renewal District Plan
GOAL 1: Promote Economic Development, with a Focus on Value-Adding Commerce
Rationale: Value-adding commerce strengthens the community, opens reinvestment
opportunities, supports livable wage jobs, and provides for economic needs of the citizens,
helping to eliminate conditions that contribute to blight.
GOAL 2: Invest in Efficient Delivery of Public Infrastructure
Rationale: Infrastructure is the backbone of the community. Private development typically
requires a corresponding public investment in infrastructure. Capital improvements in the
district will help achieve economic vitality and address conditions that contribute to blight.
GOAL 3: Support Planned Urban Density and Design
Rationale: Higher density achieves greater efficiency in the delivery of public services. Live-work
opportunities can reduce or eliminate commute times, lower transportation costs and create
vitality and a sense of community. Design elements such as open space and pedestrian facilities
promote recruitment of value-adding businesses interested in quality of life for their
employees.
North Park Urban Renewal District (NPURD)
FY2023 Annual Report (July 1, 2022 to June 30, 2023)
Highlights of investments over $15,000 are documented below.
No funds were expended in the NPURD in FY 2023.
99
North Park Urban Renewal District (NPURD)
FY2024 Work Plan (July 1, 2023 to June 30, 2024)
Professional Services / Outside Counsel / Public Infrastructure $160,200
Staff is requesting budget authority to spend up to $160,200 of existing cash-on-hand to
move projects and development agreements forward in the District and respond to
opportunities as they arise.. These funds could also be devoted to the design or construction of
public infrastructure that serves the District.
100
Memorandum
REPORT TO:City Commission
FROM:Brit Fontenot
SUBJECT:
South Bozeman Technology District Fiscal Year 2024 Work Plan and Budget
and Fiscal Year 2023 Annual Report
MEETING DATE:May 16, 2023
AGENDA ITEM TYPE:Finance
RECOMMENDATION:I move to approve the preliminary South Bozeman Technology District Fiscal
Year 2024 Work Plan and Budget.
STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a
mechanism to encourage economic development.
BACKGROUND:
The South Bozeman Technology District was created in 2012. Due to the
slow pace of development on the MSU Innovation Campus, there has never
been enough tax increment value to spend money prior to this fiscal year.
UNRESOLVED ISSUES:None at this time.
ALTERNATIVES:As proposed by the City Commisison.
FISCAL EFFECTS:Staff is requesting budget authority to spend up to $38,000 of existing cash-
on-hand to move projects and development agreements forward in the
District. These funds could also be devoted to the design or construction of
public infrastructure that serves the District.
There is currently a development agreement in place with Charter Realty for
the construction of public infrastructure related to the construction of two
buildings within the District on the MSU Innovation Campus. The
development agreement is not a guarantee of reimbursement or bonding for
reimbursement. Once the buildings are complete, a tax generation analysis
will determine if the debt coverage ratio exists to bond for reimbursement
to the developer for the improvements.
Attachments:
101
FY24 SBURD Memo 5.16.23.docx
SBTD Work Plan and Budget FY 2024 Draft.pdf
Report compiled on: May 2, 2023
102
Memorandum
REPORT TO:City Commission
FROM:David Fine, Economic Development Program Manager
Brit Fontenot, Economic Development Director
SUBJECT:South Bozeman Technology District Fiscal Year 2024 Work Plan and Budget
and Fiscal Year 2023 Annual Report
MEETING DATE:June 16, 2023
AGENDA ITEM TYPE:Finance
RECOMMENDATION:I move to approve the South Bozeman Technology District Fiscal Year 2024
Work Plan and Budget.
STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a
mechanism to encourage economic development.
BACKGROUND:The South Bozeman Technology District was created in 2012. Due to the slow
pace of development on the MSU Innovation Campus, there has never been
enough tax increment value to spend money prior to this fiscal year.
Staff is requesting budget authority to spend up to $38,000 of existing
cash-on-hand to move projects and development agreements forward in
the District. These funds could also be devoted to the design or
construction of public infrastructure that serves the District.
UNRESOLVED ISSUES:None at this time.
ALTERNATIVES:As directed by the City Commission.
FISCAL EFFECTS:Staff is requesting budget authority to spend up to $38,000 of existing cash-
on-hand to move projects and development agreements forward in the
District. These funds could also be devoted to the design or construction of
public infrastructure that serves the District.
There is currently a development agreement in place with Charter Realty for
the construction of public infrastructure related to the construction of two
buildings within the District on the MSU Innovation Campus.The
development agreement is not a guarantee of reimbursement or bonding for
reimbursement.Once the buildings are complete, a tax generation analysis
will determine if the debt coverage ratio exists to bond for reimbursement to
the developer for the improvements.
ATTACHMENTS:
SBTD Work Plan and Budget FY 2024 FINAL
103
Report compiled on: May 2, 2023
1
104
SOUTH BOZEMAN TECHNOLOGY DISTRICT
FY2023 ANNUAL REPORT
and
FY2024 WORK PLAN AND BUDGET
New Mission and Vision for the Montana State University Innovation Campus
The Mission of the Montana State University Innovation Campus is:
• To promote economic development and support partnerships between
regional, national, and international high tech-based businesses and the
research community of Montana State, the region, and the State of Montana.
• To create a world-class research park to promote academic and industry
collaboration to advance research and scientific discoveries with Montana State
University Faculty and Students that will maximize the academic talent and
regional resources of Montana State University, the region, and the State of
Montana.
• To promote learning and collaboration in support of scientific research,
new discoveries, and inventions to further the commercialization of
Montana State University’s intellectual assets and technology transfer.
• To provide state-of-the-art facilities, programs, services, and amenities to
support the growth and success of technology-based businesses.
• To provide ‘the place'' to link academic, private, and governmental researchers
and scientists to advance new discoveries in support of the Citizens within the
State of
Montana, the nation, and the world.
The Vision of the Montana State University Innovation Campus is:
To be recognized as the 'the place' that provides a unique community to connect people
and support public private partnerships to stimulate new ideas, push forward the
advancement of research and science, and produce new discoveries and technologies
that will transform the world.
105
South Bozeman Technology District (SBTD)
FY2023 Annual Report (July 1, 2022 to June 30, 2023)
Highlights of investments over $15,000 are documented below.
$280 were expended in the SBTD in FY 2023 in contracted services.
South Bozeman Technology District (SBTD)
FY2024 Work Plan (July 1, 2023 to June 30, 2024)
Professional Services / Outside Counsel / Public Infrastructure $38,000
Staff is requesting budget authority to spend up to $38,000 of existing cash-on-hand to
move projects and development agreements forward in the District. These funds could also be
devoted to the design or construction of public infrastructure that serves the District.
Future Increment Allocation
Please note that there is currently a development agreement in place with Charter
Realty for the construction of public infrastructure related to the construction of two buildings
within the District on the MSU Innovation Campus. The development agreement is not a
guarantee of reimbursement or bonding for reimbursement. Once the buildings are complete,
a tax generation analysis will determine if the debt coverage ratio exists to bond for
reimbursement to the developer for the improvements.
106
Memorandum
REPORT TO:City Commission
FROM:David Fine, Economic Development Manager
Jesse DiTommaso, Economic Development Specialist
Brit Fontenot, Economic Development Director
SUBJECT:Midtown Urban Renewal District Fiscal Year 2024 Work Plan and Budget and
Fiscal Year 2023 Annual Report
MEETING DATE:May 16, 2023
AGENDA ITEM TYPE:Finance
RECOMMENDATION:I move to approve the preliminary Midtown Urban Renewal District Fiscal
Year 2024 Work Plan and Budget.
STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a
mechanism to encourage economic development.
BACKGROUND:The Midtown Urban Renewal Board unanimously voted to recommend the
attached Work Plan and Budget for Fiscal Year 2024. The Board is
recommending four infrastructure investments: Improvements to the
Westlake Park that are continuing from FY22, codification of design
standards for the N. 7th Ave. streetscape, the construction of a multi-use
path along N. 5th Ave. between Oak St. and Tamarack St., and creating
standards related to the creation of food truck developments. The Board is
also recommending the appropriation of $2 million to be spent on workforce
housing projects through future development agreements. Funding for
standard programs and administration remains similar to last fiscal year.
Please see the Midtown Urban Renewal District Fiscal Year 2024 Work Plan
and Budget and Fiscal Year 2023 Annual Report.
UNRESOLVED ISSUES:None at this time.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:The proposed Work Plan and Budget for Fiscal Year 2024 appropriates
$3,522,000 from the Midtown Urban Renewal District tax increment fund.
Attachments:
Midtown Budget FY 2024 FINAL 20230505.pdf
Fiscal Year 2024 Midtown Work Plan and Budget and Annual
Report DRAFT.docx
107
Report compiled on: May 5, 2023
108
Bozeman Midtown Urban Renewal Board FY 2024 Work Plan and Budget
5/25/2023
Revenue and Reserves
Estimated FY23 Ending Balance $2,979,300
Estimated FY24 Revenue $1,999,200
Total Cash and Reserves $4,978,500
Infrastructure Investments
Westlake BMX Park Improvements $300,000
Codify Design Standards for N. 7th Avenue Streetscape $50,000
5th Ave Trail $325,000
Food Truck Development Code and Standards $50,000
Bond Repayment
Series 2020 $410,000
Professional Services and Outside Legal Counsel
Outside Legal Counsel for Bonding and Redevelopment Agreements $60,000
Contracted Professional Services $60,000
Redevelopment Incentive Programs
Technical Assistance Grants 1:1 match [2 grants]$15,000
Direct Incentives - Midtown TIF Assistance Program $100,000
City Fiber Conduit Connection Incentive Program $20,000
Outreach and Marketing
Outreach Engagement and Mailing $10,000
Midtown Marketing and Recruitment $10,000
District Operations
Payroll $70,000
Training $12,000
General Administrative Costs $30,000
Approved Grants and Direct Incentives
Workforce Housing Project $2,000,000
TOTAL EXPENDITURES $3,522,000
Future Project Reserve $1,456,500
109
Bozeman Midtown Urban Renewal District
An Urban Renewal District with a Tax Increment Financing (TIF) Program
Midtown Urban Renewal Board Annual Work Plan and Budget FY2024 Page 1 of 8
MIDTOWN URBAN RENEWAL DISTRICT
FY2023 ANNUAL REPORT
and
FY2024 WORK PLAN AND BUDGET
The City Commission passed Ordinance No. 1685, “Adopting an Urban Renewal
Plan for the North Seventh Avenue Corridor and Adjacent Properties”, on November 27,
2006. On December 16, 2015, the City Commission passed Ordinance No. 1925, which
adopted a new urban renewal plan, expanded the boundaries of the original district, and
renamed the North Seventh Urban Renewal District the Bozeman Midtown Urban Renewal
District.
The 2015 Midtown Urban Renewal Plan provides for the remediation of blighted
conditions within the urban renewal area by advancing five broad goals through a series of
implementing activities and strategies. The five goals include the following items:
1. Promote Economic Development
Rationale: Economic vitality strengthens the community, provides for physical
needs of the citizens, opens reinvestment opportunities, and helps to
eliminate the conditions that contribute to blight.
2. Improve Multimodal Transportation
Rationale: Increasing travel options supports public health, reduces resource
demand, increases efficiency and reduces costs, improving the quality of life
and making the community a better place to live and work, helping to
eliminate conditions that contribute to blight.
3. Improve, Maintain and Support Innovation Infrastructure
Rationale: Infrastructure is the backbone of the community. Private
development typically requires a corresponding public investment in
infrastructure. Therefore, capital improvements in the district will help achieve
economic vitality and address conditions that contribute to blight.
4. Promote Unified, Human Scale Urban Design
Rationale: Protecting and building upon existing physical assets increases
vitality, desirability and leverages economic development, strengthening
community values and mutual support helping to eliminate the conditions that
contribute to blight.
5. Support Compatible Urban Density Mixed Land Uses
Rationale: A sense of place is strengthened by a strong core identity.
Increasing live-work opportunities and community interaction, ensures that
the North 7th Avenue area remains a great place to live, work, operate a
business, and play, and helps to eliminate conditions that contribute to blight.
110
Bozeman Midtown Urban Renewal District
An Urban Renewal District with a Tax Increment Financing (TIF) Program
Midtown Urban Renewal Board Annual Work Plan and Budget FY2024 Page 2 of 8
The City Commission approved the Midtown Action Plan in 2017, which charted a
new direction in pairing infrastructure spending and blight remediation with proposed private
investment. The intent of the Action Plan is to, “attract targeted private investment by
leveraging the market potential of the Midtown District and removing barriers to
redevelopment through strategic infrastructure investments and incentives.” The Annual
Report and the recommended Work Plan and Budget reflect this specific strategy and
approach to using private investment to propel blight remediation and urban renewal.
The Midtown Action Plan proposes targeting future development that includes the
following elements:
Infill.The intent of urban renewal is to remove blight to improve an area for the
entire community benefit. Remodeling of existing structures or infill of
underutilized lots is the priority of this Plan. As discussed, infill development is
more challenging than vacant greenfield development and warrants focused
investment of staff time and resources.
Increased building density.Increased building density increases the number
of people in the District, which helps create the desired active pedestrian
environment. More density of buildings grouped together in districts is
especially desired to encourage pedestrians to explore adjacent buildings.
Buildings that are separated by large parking area or vacant lots will impede
pedestrian movement.
Encourages multimodal transportation.New projects should provide
amenities such as adequate bike parking or bus schedule real time monitors in
lobbies. At the same time, the Urban Renewal District should invest in
infrastructure projects such as bike lanes and signals or covered bus stops to
make alternative transportation options visible, safe, and desirable.
Retail that serves surrounding residents.To achieve a more vibrant
pedestrian-oriented environment the District must consist of uses that are a
frequent destination by residents. Retail amenities that are experience based
such as restaurants or ice creams shops are desired because they generate
activity and are more resilient to emerging ecommerce trends. Such amenities
will also attract more housing investment.
Housing.Bozeman is in significant need of all types of housing, therefore it is
called out as a specific use that is desired. The Midtown District zoning is
intended to accommodate more dense housing projects with potential access
to retail amenities nearby.
The City Commission funded a package of several major infrastructure improvements
in the District through the approval of $6,500,000 in bonds with a 25 year term on July 6,
2020. The infrastructure improvements include the streetscape infrastructure on N. 7th Ave.
that enhances the walkability, aesthetics, and investment potential of the District as a whole,
along with improvements to Aspen St. and N. 5th Ave. that will accelerate ongoing private
investment in this emerging node of commercial activity.
The District is also focused on investing in public infrastructure that removes barriers
to specific private investments. These incentives primarily pay for the costs of public
infrastructure associated with the private projects, as well as demolition costs and the cost of
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Bozeman Midtown Urban Renewal District
An Urban Renewal District with a Tax Increment Financing (TIF) Program
Midtown Urban Renewal Board Annual Work Plan and Budget FY2024 Page 3 of 8
various system development charges, such as impact fees. These early investments in
projects will create new incremental taxable value that will allow for greater blight remediation
throughout the District in the coming years. Over time, these increases in taxable value will
benefit the broader community by increasing the overall tax base through productive infill
development.
The remediation of blighted conditions in the District and its ongoing redevelopment
will take many years. Bozeman has 22 more years to focus on redevelopment of the Midtown
area. As instructed by Commission adopted policy documents, the District will continue to
focus on remediating blight, by attracting targeted private investment and growing the tax
base.
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Bozeman Midtown Urban Renewal District
An Urban Renewal District with a Tax Increment Financing (TIF) Program
Midtown Urban Renewal Board Annual Work Plan and Budget FY2024 Page 4 of 8
Midtown Urban Renewal District (MURD)
FY2022 Annual Report (July 1, 2021 to June 30, 2022)
Highlights of investments over $15,000 are documented below.
Series 2020 Bond Payment $410,000
The City Commission approved the first series of bonds for the district for $6,500,000.
The proceeds of the bonds were to pay for the N. 7th Ave. Streetscape Project and the Aspen
and 5th Improvements Project. The term of the bonds is 25 years.
Festival Street Lighting extensions $ 100,000
This project adapts the recently installed light poles and string lights on W. Aspen St.
to make them compliant with the National Electrical Code and “Night Skies” ordinance.
Expenditures Compiled May 2, 2023
113
Bozeman Midtown Urban Renewal District
An Urban Renewal District with a Tax Increment Financing (TIF) Program
Midtown Urban Renewal Board Annual Work Plan and Budget FY2024 Page 5 of 8
Midtown Urban Renewal District (MURD)
FY2024 Work Plan (July 1, 2023, to June 30, 2024)
Midtown Infrastructure Improvements
Westlake Park Improvements $300,000
The District paid to add back-in angle parking to serve as parking for Westlake Park
as part of last year’s improvements to N. 5
th Ave. The project significantly impacted the
mountain bike facilities manage by Southwest Montana Mountain Bike Association
(SWMMBA). A recently update park master plan calls for relocating the mountain bike
facilities and building an entrance plaza near the intersection of N. 5th Ave. and the recently
complete Aspen Festival Street. The improvements would also include a new, quiet electric
start gate for the BMX course, which will allow for much quieter operations and an improved
racing experience. The District spent $39,359 on BMX track related elements of this project
in FY 2022. The Parks Department is managing the project and is hopeful to complete the
project in summer 2023.
Codify Design Standards for N. 7th Ave. Streetscape $50,000
Recent improvements to the N. 7th Ave. streetscape are not currently required for
redevelopment projects on the corridor. In order to protect the public investments already
made and to ensure design continuity for the corridor, codifying the streetscape design is
necessary for the future development of the corridor. This project is continuing FY 2023.
N. 5th Ave. Multi-Use Path $325,000
Staff obtained an easement to install a 10ft paved multi-use path along the N. 5th Ave.
right-of-way to connect the path on Oak St. to Westlake Park and to provide bike and
pedestrian connectivity where N. 5th Ave. does not currently exist.
Food Truck Development Code and Standards $50,000
The Board asked for Economic Development staff to work with Community
Development on standards to formalize food truck installations to add interest and activity to
the district.
Bond Repayment
Series 2020 $ 410,000
The City Commission approved the Series 2020 bonds for a 25 year term that ends
2045. $410,000 is the annual payment on the $6,500,000 in debt issued to finance the cost
of the N. 7th Ave. Streetscape Project, and the Aspen and N. 5th Ave. Improvements Project.
114
Bozeman Midtown Urban Renewal District
An Urban Renewal District with a Tax Increment Financing (TIF) Program
Midtown Urban Renewal Board Annual Work Plan and Budget FY2024 Page 6 of 8
Professional Services and Outside Legal Counsel
Contracted Professional Services $ 60,000
To assist with district management and implementation of the work plan and budget,
as well as responding to new opportunities, Staff will contract for services on an as-needed
basis.
Outside Legal Counsel $ 60,000
The Midtown Urban Renewal District continues to see strong interest in redevelopment. This
interest will necessitate work on development agreements under the Midtown TIF Assistance
Program, and depending on the scope of the projects, the need to issue additional bonds.
Redevelopment Incentive Programs
The Midtown Urban Renewal District’s redevelopment incentive programs are based on
criteria included in the 2015 Midtown Urban Renewal District Plan and the 2017 Midtown
Action Plan.
Technical Assistance Grants (TAG)$ 15,000
This program is to provide technical assistance funding to encourage developers to
build on parcels along the N. 7th Avenue corridor, or rehabilitate existing structures. It
recognizes the complexities of redeveloping parcels which have existing substandard
buildings and infrastructure; it was created to offset the costs of those complexities with grants
for those proposing work which eliminates blight and advances the implementation of the
District Plan. The program was approved by Resolution 4777 and is administered by the
MURB. The maximum grant amount for the program is $7,500 and requires a 1:1 match.
Midtown Tax Increment Finance Assistance Program –
Direct Incentives $ 100,000
The City Commission approved an incentive program, the Midtown TIF Assistance
Program pursuant to Resolution 4770 in 2017. Resolution 5087 reauthorized and updated
the Program in 2019. Awards will be based on the quality of projects and their support of the
Midtown Urban Renewal Plan. Projects of a larger magnitude may require the issuance of tax
increment revenue bonds. Projects $50,000 and under may be awarded by the Board and
sent to the City Commission as Consent Items. Projects over $50,000 require the approval of
the City Commission.
Fiber Conduit Connection Incentive Program $ 20,000
The District has made significant investments in facilitating competitive
telecommunications options through the provision of public conduit. This program, modeled
on a program created by the Downtown URD provides matching grants of up to $2,500 to
connect buildings to the City conduit system. The program facilitates connections to
infrastructure and the utilization of the existing conduit investment.
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Bozeman Midtown Urban Renewal District
An Urban Renewal District with a Tax Increment Financing (TIF) Program
Midtown Urban Renewal Board Annual Work Plan and Budget FY2024 Page 7 of 8
Outreach and Marketing
Outreach and Mailing $ 10,000
The Midtown Board will be dissolving this year. Changing the board structure requires
a district wide mailing notice.
Midtown Marketing and Recruitment $ 10,000
This item includes maintenance of the District website, midtownbozeman.org, as well
as programs like the banner program to drive traffic to the website. The District uses the
website to communicate effectively with property owners, developers, and the public and “to
disseminate blight clearance and urban renewal information.” In addition, the board and staff
continue to actively recruit development projects in the district that are in support of the urban
renewal plan.
District Operations
Payroll $ 70,000
The City’s Economic Development Department manages the Bozeman Urban
Renewal District in response to City Commission and the Midtown Urban Renewal Board
work plans and policy guidance. 1.5 FTE are dedicated to staffing the Bozeman Urban
Renewal Program as a whole, of which the Midtown URD contributes a proportionate share
of funding.
Training $ 12,000
Strong professional development drives the success of the urban renewal program.
Staff plans to participate in the National Development Council’s Economic Development
Finance Professional (EDFP) Certification Program and the International Economic
Development Council’s (IEDC) certified economic developer course series over a number of
years
General Administrative Costs $ 20,000
This line item provides funding for the general and ordinary cost of running a
successful program and allows the program to respond to opportunities and challenges during
the year.
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Bozeman Midtown Urban Renewal District
An Urban Renewal District with a Tax Increment Financing (TIF) Program
Midtown Urban Renewal Board Annual Work Plan and Budget FY2024 Page 8 of 8
Midtown Tax Increment Finance Assistance Program
Approved Grants and Direct Incentives
Workforce Housing Project $2,000,000
This line item provides funding should an opportunity for affordable housing within the
District arise in FY24.
117
Memorandum
REPORT TO:City Commission
FROM:David Fine, Economic Development Manager
Jesse DiTommaso, Economic Development Specialist
Brit Fontenot, Economic Development Director
SUBJECT:Northeast Urban Renewal District Fiscal Year 2024 Work Plan and Budget
and Fiscal Year 2023 Annual Report
MEETING DATE:May 16, 2023
AGENDA ITEM TYPE:Finance
RECOMMENDATION:I move to approve the preliminary Northeast Urban Renewal District Work
Plan and Budget for Fiscal Year 2024.
STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a
mechanism to encourage economic development.
BACKGROUND:The proposed Fiscal Year 2024 Work Plan and Budget was formulated based
on input from the Northeast Urban Renewal Board. The Board did not vote
on the final budget due to issues with scheduling a quorum of voting
members. Notable projects include the construction of a pedestrian bridge
connecting E. Aspen St. to the trail, design of a pocket park in the N. Church
right-of-way, and construction of a railroad quiet zone improvements on N.
Wallace Ave. The budget also includes funding for design and due diligence
related to a potential partnership for structured parking at the corner of
Tamarack and Wallace as part of the Wallace Works project. Administrative
costs remain similar to previous fiscal year with small increases to account
for rising costs.
Please see the attached Northeast Urban Renewal District Fiscal Year 2024
Work Plan and Budget and Fiscal Year 2023 Annual Report
UNRESOLVED ISSUES:None at this time.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:The proposed FY 2024 Work Plan and Budget includes $1,287,700 in
requested appropriations from the Northeast Urban Renewal District tax
increment fund.
Attachments:
23-24NURB Work Plan 050223.pdf
118
FY24 NURB Work Plan 050223.doc
Report compiled on: May 5, 2023
119
FY24 Budget Future Projects
Revenues:
Estimated Beginning Balance $1,006,000.00
FY21 Tax Increment $280,000.00
Delinquent Increment
State Shared/Entitlement
Interest $1,000.00
Total Estimated Revenues $1,287,000.00
Expenditures:
Infrastructure
Pedestrian Bridge/East Aspen Street Construction $405,037.00
Pocket park - North Church right-of-way design $25,000.00
Trails within district $200,000.00
Fencing along Depot Trail - west side $20,000.00
Quiet Zone Construction $436,820.00
Connector trail - Depot trail to Audubon site $25,000.00
Public Art $30,000.00
Identification of undeveloped public properties $20,000.00
Reimburse Wildlands public infrastructure $580,000.00
Reimburse Cloverleaf public infrastructure $2,000,000.00
Parking Structure $50,000.00
Front Street - Ida to East Aspen Street $118,000.00
Front Street - Tamarack to Ida Construction $190,000.00
North Ida Avenue - Peach to Cottonwood Engineering $50,000.00
North Ida Avenue - Peach to Cottonwood Construction $280,000.00
Front Street - Ida to East Aspen Street Construction $100,000.00
Subtotal - Infrastructure $986,857.00 $3,543,000.00
Maintenance
Trails/Boulevards/Alleyway Maintenance $12,000.00
Subtotal - Maintenance $12,000.00
Neighborhood Support
Innovation grant $5,000.00
Subtotal - Neighborhood Event Support $5,000.00
Contracted Services
Staff Support $3,000.00
Administrative Services $30,500.00
Professional Services $10,000.00
Bond Repayment $93,000.00
Northeast Urban Renewal District
2023-2024 Budget
120
Subtotal Administration $136,500.00
Reserves
Designated Reserve - Bond $120,900.00
Designated Reserve - Projects $26,443.00
Subtotal Reserves $147,343.00
Total Expenditures $1,287,700.00
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Northeast Urban Renewal Board Annual Work Plan and Budget FY2024 - 042023 1
NORTHEAST URBAN RENEWAL BOARD
FY2023 ANNUAL REPORT
and
FY2024 WORK PLAN AND BUDGET
On November 28, 2005, the Bozeman City Commission finally adopted Ordinance No. 1655 which
formally enacted the Northeast Urban Renewal Plan and became effective December 28, 2005. The
stated mission of the plan and general goals are as follows:
DISTRICT PLAN MISSION/VISION
“This Plan is the City’s response to remedy the conditions of blight found in the August 2005 [Blight]
Report. The Plan also addresses other issues important to the District. The Plan’s purpose is to
ensure the vitality of the Northeast Urban Renewal District (NURD) the vitality of the NURD for
generations to come, and to make the NURD an area in which its citizens can take exceptional pride.
The Plan envisions a mixed use neighborhood that is user friendly, safe, secure and healthy. While
this Plan envisions a District with diversity of housing, businesses and amenities, it intends to maintain
the unique ambiance and historic character of the District”.
Nine principles were developed for the plan. Each of the principles has one or more goals associated
with the plan, some of which specifically relate to this work plan while others represent general
objectives and directives. The Northeast Urban Renewal Board (NURB) goals are as follows:
GENERAL GOALS:
Outdated or insufficient infrastructure should be repaired, replaced, or otherwise improved.
Provide public utilities to the area efficiently in ways that are not visually or physically obtrusive.
Encourage a land use pattern that facilitates all modes of transportation – vehicular, bicycle,
pedestrian, mass transit, and commercial – for safe, efficient and convenient access for
residential, commercial, and industrial uses.
Harmonize commercial and industrial development with residential quality of life.
New structures should be designed and built keeping in mind the public values of durability,
flexibility, and simplicity. Thoughtful consideration of design, materials, and massing in the
construction of new private buildings will add strength and character to the built environment. To
the degree that the private sector can be influenced by a public partner in development, the
community ought to strongly encourage excellence in urban design as a basis of partnership.
Promote sustainable building practices and design within the district.
Procure new land for park and open space.
Improve landscaping in existing public spaces.
Neither the City of Bozeman nor any of its subdivisions shall use eminent domain to take private
property for private use in the implementation of an urban renewal project or similar
redevelopment plan.
Encourage the City to help ensure the success of the Northeast Urban Renewal Plan by giving a
high priority to the Northeast District in its capital improvements plan.
Work with neighborhoods and businesses to ensure actions taken in the district are compatible
with adjacent developed areas.
Work with the City to ensure actions taken outside of the District are compatible with projects
inside of the District.
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Northeast Urban Renewal Board Annual Work Plan and Budget FY2024 - 042023 2
In 2010, the Northeast Urban Renewal Board began implementing plans and projects reflecting their
three funding priorities: 1) Parks, Trails and Greenspace; 2) Infrastructure and 3) Neighborhood
Development Plan.
Northeast Urban Renewal District (NURB)
FY2023 Annual Report (July 1, 2022 to June 30, 2023)
Pedestrian Bridge/East Aspen Street ($6,267)$ 170,000
This project will provide for pedestrian connectivity through a trail extension and a non-vehicular
crossing of Bozeman Creek. The project also includes sidewalk along one side of East Aspen
Street between the creek and North Rouse Avenue. This will result in the improvements along
yet another street within the district and will tie into the new improvements to North Rouse
Avenue.
Design of the pedestrian bridge and engineering of the abutments upon which to construct the
bridge have been completed and construction bids for the project have been received, with
construction to be completed in FY24. As a result, a majority of the monies budgeted in this line
item are carried forward to next year’s work plan.
Pocket Park – North Church Avenue right-of-way design $ 25,000
Several years ago, a trail was constructed along the North Church Avenue right-of-way between
East Cottonwood Street and East Tamarack Street. Under this project, that trail is to be extended
north from East Tamarack Street, with a pocket park constructed along the stream. The first step
in the process is to design the trail improvements and the pocket park enhancements.
No work has been done on this project, so these monies are being carried forward to next year’s
work plan.
Quiet Zone Construction ($33,102)$ 225,000
The quiet zone study has identified the improvements required for quiet railroad crossings. It is
anticipated that the improvements for the North Wallace Avenue/L Street crossing will include an
arm for the pedestrian crossing as well as raised medians on both sides of the railroad tracks to
preclude vehicles from driving around down arms. Improvements to Griffin Drive, including
upgrades at the railroad crossing, are now completed. Since improvements will be required for all
three crossings before a quiet zone can be implemented, it is important to undertake crossing
improvements as monies are available.
Engineering of improvements for the North Wallace Avenue crossing are nearing completion and
a cost estimate prepared. Construction of those improvements will be completed in the next
fiscal year so the quiet zone designation can be implemented when the North Rouse Avenue
railroad cross improvements have been completed.
Public Art $ 10,000
The Northeast Urban Renewal Board recognizes the artsy character of the area and, over the
years, has identified the importance of acknowledging and promoting that character. The Board
also has discussed various options to identify the entrances to the district, particularly at the
bridges crossing Bozeman Creek on East Tamarack Street and East Peach Street. Since those
bridges were installed as part of the Montana Department of Transportation’s improvement
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Northeast Urban Renewal Board Annual Work Plan and Budget FY2024 - 042023 3
project on North Rouse Avenue and are utilitarian in nature, monies have been budgeted for
public art at those entrances. One possible option is chain link art in place of the chain link
fences at the bridge abutments.
No work has been done on this project this fiscal year, and these monies are being carried
forward to next fiscal year.
Parking Structure $ 50,000
The Board recognizes the need for additional parking within the district and continues to monitor
the progress of any potential proposal to construct a parking structure. These monies cover the
costs of retaining consultants to do due diligence to determine that this proposal is in the District’s
best interests.
No work has been done on this project this fiscal year, and these monies are being carried
forward to next fiscal year.
Trails/Boulevards/Alleyway Maintenance $ 12,000
The Northeast Urban Renewal District completed improvements to the depot trail, depot park,
Aspen Street trail and North Church Avenue trail several years ago and continues to pay annual
costs for maintenance of those amenities, including clean-up of litter along those trails and the
newly constructed East Front Street trail extension. Also, weed abatement and enhancements in
the alleyway public rights-of-way have been identified as important to the appearance and
livability of the area.
The maintenance of trails and boulevards has continued this year, as it has in the past. The trees
planted in conjunction with the street improvements are now in their third season, so it is
anticipated that the watering bags will no longer be needed to ensure the viability of those trees.
Staff is to develop a plan for alleyway maintenance and enhancement of those public rights-of-
way.
Administrative Services ($19,929)$ 32,800
Costs covered under this item include staff support ($3,000), administrative services ($19,800)
and professional services ($10,000).
Bond Costs ($46,000) $ 213,900
Costs covered under this item include bond repayment ($93,000) and the designated bond
reserve ($120,900).
Designated Reserve - Projects $ 292,300
At this time, it does not appear there will be adequate monies to fund construction of any
additional large scale projects. If the opportunity arises, one of the projects listed below may be
moved forward and funded through this designated reserve, particularly if such a move results in
significant cost savings.
Northeast Urban Renewal District (NURB)
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Northeast Urban Renewal Board Annual Work Plan and Budget FY2024 - 042023 4
FY2024 Work Plan (July 1, 2023 to June 30, 2024)
Pedestrian Bridge/East Aspen Street $ 405,037
This project will provide for pedestrian connectivity through a trail extension and a non-vehicular
crossing of Bozeman Creek. The project also includes sidewalk along one side of East Aspen
Street between the creek and North Rouse Avenue. This will result in the improvements along
yet another street within the district and will tie into the new improvements to North Rouse
Avenue.
Construction of the bridge and the sidewalk are to be completed during this fiscal year, thus
completing a project that has been on the Board’s work plan since the second year of the
program.
Pocket Park – North Church Avenue right-of-way design $ 25,000
Several years ago, a trail was constructed along the North Church Avenue right-of-way between
East Cottonwood Street and East Tamarack Street. Under this project, that trail is to be extended
north from East Tamarack Street, with a pocket park constructed along the stream. The first step
in the process is to design the trail improvements and the pocket park enhancements.
Fencing along west side of Depot Trail $ 20,000
Due to continued encroachments into the Depot Trail and its right-of-way, the Board has
determined that fencing along the west right-of-way line is needed. The amount budget is to
cover the costs of determining the right-of-way line along that portion of the Depot Trail that lies
between East Tamarack Street and North Wallace Avenue. The fence is to be complementary to
the trail and the neighborhood.
Quiet Zone Construction $ 436,820
The quiet zone study has identified the improvements required for quiet railroad crossings. It is
anticipated that the improvements for the North Wallace Avenue/L Street crossing will include an
arm for the pedestrian crossing as well as raised medians on both sides of the railroad tracks to
preclude vehicles from driving around down arms. Improvements to Griffin Drive, including
upgrades at the railroad crossing, are underway and should be completed in Fiscal Year 2022.
Since improvements will be required for all three crossings before a quiet zone can be
implemented, it is important to undertake crossing improvements as monies are available.
Public Art $ 30,000
The Northeast Urban Renewal Board recognizes the artsy character of the area and, over the
years, has identified the importance of acknowledging and promoting that character. The Board
also has discussed various options to identify the entrances to the district, particularly at the
bridges crossing Bozeman Creek on East Tamarack Street and East Peach Street. Since those
bridges were installed as part of the Montana Department of Transportation’s improvement
project on North Rouse Avenue and are utilitarian in nature, monies have been budgeted for
public art at those entrances. One possible option is chain link art in place of the chain link
fences at the bridge abutments.
Other options for encouraging additional public art could include murals on garage doors and
other hidden treasures in the district, particularly those that can be witnessed from the alleys.
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Northeast Urban Renewal Board Annual Work Plan and Budget FY2024 - 042023 5
Identification of undeveloped public properties $ 20,000
In light of the lack of open space and parks in the district, the Board has determined identifying
public properties and rights-of-way that are undeveloped or under-utilized could be opportunities
for use as pocket parks or linear spaces that enhance the neighborhood. The monies in this item
would cover the costs of retaining a consulting firm to complete the inventory of those public
properties.
Parking Structure $ 50,000
The Board recognizes the need for additional parking within the district and continues to monitor
the progress of any potential proposal to construct a parking structure. These monies cover the
costs of retaining consultants to do due diligence to determine that this proposal is in the District’s
best interests.
Trails/Boulevards/Alleyway Maintenance $ 12,000
The Northeast Urban Renewal District completed improvements to the depot trail, depot park,
Aspen Street trail and North Church Avenue trail several years ago and continues to pay annual
costs for maintenance of those amenities, including clean-up of litter along those trails and the
newly constructed East Front Street trail extension. The budget also includes weekly watering of
seven newly planted boulevard trees along East Tamarack Street to ensure their survival. This is
the second year of a two-year commitment to provide that weekly watering. Also, weed
abatement and enhancements in the alleyway public rights-of-way have been identified as
important to the appearance and livability of the area.
Innovation Grant $ 5,000
Monies are set aside to promote additional innovative events and opportunities in the district.
Contracted Services $ 43,500
Costs covered under this item include contract staff support ($3,000), administrative services
($30,500) and professional services ($10,000).
Bond Costs $ 213,900
Costs covered under this item include bond repayment ($93,000) and the designated bond
reserve ($120,900).
Designated Reserve - Projects $ 26,443
At this time, it does not appear there will be adequate monies to fund construction of any
additional large scale projects. If the opportunity arises, one of the projects listed below may be
moved forward and funded through this designated reserve, particularly if such a move results in
significant cost savings.
Northeast Urban Renewal District (NURB)
Future Projects
Trails within the district $ 200,000
The Board has determined its top priority projects for the upcoming years revolve
around trails within the district that enhance its livability and provide non-vehicular
connectivity. It was noted these are projects not likely to be part of any development
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Northeast Urban Renewal Board Annual Work Plan and Budget FY2024 - 042023 6
project but are desired improvements. At this time, there are no identified trail
segments, but expenditure of these monies should be considered as opportunities
arise. Also, a portion of these monies could be used to develop pocket parks, possibly
in conjunction with the trail segments.
Connector trail – Depot trail to Audubon site $ 25,000
The Audubon Society has acquired 32 acres of wetlands and sensitive lands lying east of this
district and is purchasing an additional 8 acres. The subject site lies outside the boundaries of
the district; however, a portion of the trail extension lies within the district; and these monies are
for that portion of the trail only. This trail extension would provide a safe access for pedestrians
moving through the district to the enhanced wetlands area.
Reimburse Wildlands public infrastructure $ 580,000
The Wildlands project includes expansion of the existing building at the northeast corner of the
intersection of East Peach Street and North Wallace Avenue and demolition of improvements on
the adjacent lot to provide adequate space for the expansion and relocation of the parking lot.
The applicant has requested reimbursement for the public infrastructure improvements required
in conjunction with the project. The City Commission concurred in the Board’s recommendation
to approve that request once the applicant has completed the projects and paid at least two years
of property taxes that equal the amount of the reimbursement.
Reimburse Cloverleaf public infrastructure $2,210,480
The Cloverleaf project includes demolition of improvements of the existing buildings on the
current Bronken Distributing site, which is bounded by East Peach Street, North Plum Avenue,
East Cottonwood Street and North Ida Avenue, and construction of a mixed use residential
development project. In conjunction with that project, the developer will make the needed water
main improvements, wastewater collection improvements, street improvements, installation of
sidewalks and installation of state of the art fiber to the site. The applicant has requested
reimbursement for the public infrastructure improvements required in conjunction with the project
plus the costs of the impact fees associated with it. The City Commission concurred in the
Board’s recommendation to approve that request once the applicant has completed the project,
with that reimbursement to be paid over several years at a percentage of the taxes paid for this
property, as those monies become available.
Front Street – Ida to Aspen $ 118,000
Front Street – Tamarack to Ida Construction $ 190,000
North Ida Avenue – Peach to Cottonwood $ 330,000
These three street projects were initially added to the work plan and budget and were designed to
complement the street improvements to be constructed in conjunction with the Cottonwood and
Ida project (later renamed the TinWorks Project). That project has been abandoned, and no new
plans for those properties are anticipated in the near future.
The monies listed above are not adequate to complete any of the projects listed, but could be
used to enhance street improvements made in conjunction with public improvements in
conjunction with a private development. As an alternative, the monies could be appropriated for a
payback agreement that may include any or all of these street improvements made in conjunction
with a future private development.
127
Memorandum
REPORT TO:City Commission
FROM:Emily Cope, Economic Development Director- Downtown Bozeman
Partnership
SUBJECT:Downtown Business Improvement District Fiscal Year 2024 Budget and Work
Plan
MEETING DATE:May 16, 2023
AGENDA ITEM TYPE:Finance
RECOMMENDATION:I move to approve the preliminary Downtown Business Improvement District
Fiscal Year 2024 Work Plan and Budget.
STRATEGIC PLAN:4.4 Vibrant Downtown, Districts & Centers: Promote a healthy, vibrant
Downtown, Midtown, and other commercial districts and neighborhood
centers – including higher densities and intensification of use in these key
areas.
BACKGROUND:The Downtown Bozeman Partnership administers the Downtown Business
Improvement District (BID) on behalf of the City of Bozeman. The Downtown
BID Board, as appointed by the City Commission, directs the programs,
projects and initiatives of the Downtown BID. MCA 7-12-1131 guides the
programs, projects and initiatives of the Downtown BID. The Downtown BID
Board took formal action to approve the FY2024 work plan and budget at
their monthly public board meeting on April 19, 2023.
UNRESOLVED ISSUES:None at this time.
ALTERNATIVES:As recommended by the City Commission.
FISCAL EFFECTS:The Downtown BID is funded by the special assessments collected from
property owners within the district. The BID assessment for FY2024 will be
$230,000 as approved by the board at the April 19, 2023 board meeting.
Attachments:
FY2024 BID Work Plan and Budget.pdf
Report compiled on: April 20, 2023
128
Downtown Business Improvement District
FY2024 BID Work Plan and Budget
BID Mission Statement
The BID is an organization of downtown property owners who through thoughtful, pro-active collaboration and
partnership with local government, business owners, residents and citizens strive to create a shared vision and
voice for the community of downtown Bozeman. The BID will commit resources, identify, plan and act on short-
term and long-term initiatives otherwise unavailable to individual owners. The BID has a goal of ensuring the
long-term preservation and vitality of the city’s underlying economic, cultural, social and environmental assets
and the BID will work together to keep our downtown a safe, beautiful and vibrant place.
BID Assessment Programs
The following programs are funded by the special assessments collected from property owners within
the Downtown Business Improvement District. The BID assessment for FY2024 will be $230,000. The
BID will also receive approximately $50,350 in additional revenue from sponsorships and maintenance
contracts.
Downtown Bozeman Partnership ($67,500)
The BID is a member of the Downtown Bozeman Partnership. The BID contributes to the
administration of the Downtown Partnership office located at 222 East Main Street.
Downtown Bozeman Association ($27,000)
The BID contributes to the DBA to support its events, staff and marketing efforts to promote
downtown. The DBA hosts events downtown that include Art Walks, Music on Main, Crazy Days,
Cruisin’ on Main Car Show, Cat Walk, Restaurant Week and more.
Summer Flowers ($30,000)
The BID purchases, installs and maintains 300+ hanging baskets
of Super-Petunias. In summer of 2023, 120 Earth Planter self-
watering baskets are replacing the wrought-iron baskets on the
side streets of downtown. The Earth Planter baskets provide
improved plant growth by regulating water delivery based on
soil conditions while reducing labor costs, fuel and water
usage. The baskets only need to be watered two to three times
per week rather than seven days a week. The BID has
expressed interest in continuing this sustainability effort and plans to purchase additional
baskets for Main Street in the coming years. These flower baskets are hung throughout
downtown from June through September.
129
Holiday Lighting ($15,525)
The BID installs the following holiday lighting downtown: 1)
lighted garland on each historic lamp post along Main
Street; 2) lights on the large conifer trees in Soroptomist
Park; 3) garland wreaths at the Rouse, Church, Wallace,
and Grand intersections; and 4) the infamous holiday
“spider” decorations above four downtown intersections.
The green decoration was replaced in 2022 and the red
decoration will be replaced in 2023. The BID board will
replace the remaining two decorations in the next two to four years, earmarking reserve funds
for this project.
Maintenance Program ($97,575)
The BID hires two full-time maintenance employees in addition
to two part-time maintenance employees for the summer
months. Primary tasks performed by the BID maintenance staff
includes garbage collection, flower watering, tree watering,
Soroptomist Park upkeep, installation of the streetlamp
banners, maintenance of pedestrian benches, graffiti removal,
and limited snow removal. The BID maintenance staff removed
over 4,000 bags of garbage and recycling during the past year
from over 100 receptacles.
Outreach Bozeman ($10,000)
This funding would support the full slate of programming available to assist individuals and
families experiencing homelessness. This would include outreach, programming to assist with the
return to self-sufficiency, overnight programming and staffing. Over the last year we have seen a
significant decrease in the number of people experiencing homelessness in the downtown
corridor. This is a direct result of HRDC conducting outreach to people living in urban
encampments and the availability of day enriching daytime/evening programming.
130
Graffiti Removal Program ($7,500)
The BID comprehensive graffiti removal program is
in its third year of operation. Since 2009, this
program has removed 4,000 graffiti tags. The BID
maintenance staff removes tags from public
property and works with property owners to clean
private buildings of graffiti. The BID will continue to
actively remove new tags as quickly as possible
considering immediate removal has proven to be
the most effective deterrent.
Downtown Banners ($3,000)
The BID purchases, installs and maintains the downtown light
pole banners. Seasonally the BID installs banners for MSU,
Bozeman Farmers Market, Bridger Bowl, Big Sky Resort, Sweet
Pea, SLAM, BYEP, Bozeman Health, Bridgercare, Greater
Yellowstone Coalition and more.
Tree Replacement ($2,000)
The BID replaces trees that have died in the downtown district.
In coordination with the City Forestry Division, dead trees are
removed and then replaced by a local nursery. Smaller newly
planted trees are susceptible due to physical damage and
insufficient water.
Downtown Marketing ($2,500)
The BID contributes to the general marketing of downtown Bozeman. These funds are made
available to the Downtown Partnership which places advertisements in ten to twelve local,
regional and state-wide publications.
Vehicle Maintenance ($9,750)
The BID owns and maintains a maintenance truck and two mules/ATVs.
Maintenance Supplies ($6,675)
The BID purchases a wide variety of maintenance supplies for various programs, including trash
bags.
131
FY2024
Estimated Starting Cash Balance- Reserves 140,000$
Expenses- Capital Projects/Reserves
Red Holiday Spider Replacement 15,000$
Earth Planter Self-Watering Baskets (Main St)45,000$
Operating Reserves 80,000$
FY24 Income
BID Assessment 230,000$
Contract Income 24,000$
Interest Income 100$
Mobile Vending Fees 1,750$
Flower Sponsorships 9,000$
Christmas Light Sponsorships 3,500$
Streetlamp Banners 12,000$
Total Income 280,350$
Expenses
Management Fee 67,500$
Total Expenses 67,500$
Payroll Expenses
Maintenance Staff 65,000$
Taxes 4,825$
Work Comp 3,300$
Maintenance Staff--Garage 22,500$
Taxes 950$
Work Comp 950$
Total Payroll Expenses 97,525$
Programs
Downtown Bozeman Association (DBA) Support 27,000$
Holiday Lights -Reserve Fund 10,000$
Holiday Lights 2,000$
Holiday Lights Spider Repair 2,000$
Holiday Decor Storage 1,525$
Outreach Bozeman 10,000$
New Banners 3,000$
Flower Expenses 30,000$
Flower Water 300$
Tree Purchases 2,000$
Marketing 2,500$
Maintenance Supplies 4,000$
Garbage Bags 2,675$
Graffiti Supplies 1,000$
Graffiti Contracted Removal 6,500$
Mule Service & Fuel 1,750$
Truck Service & Fuel 2,500$
Vehicle Insurance 5,500$
Program Contingency 1,000$
Total Program Expenses 115,250$
Total BID Expenses 280,275$
NET ASSESSMENT INCOME 75$
Downtown BID FY24 Work Plan & Budget
132
Memorandum
REPORT TO:City Commission
FROM:Ellie Staley, Executive Director- Downtown Bozeman Partnership
SUBJECT:Downtown Urban Renewal District Fiscal Year 2024 Budget and Work Plan
MEETING DATE:May 16, 2023
AGENDA ITEM TYPE:Finance
RECOMMENDATION:I move to approve the preliminary Downtown Urban Renewal District Fiscal
Year 2024 Work Plan and Budget.
STRATEGIC PLAN:4.4 Vibrant Downtown, Districts & Centers: Promote a healthy, vibrant
Downtown, Midtown, and other commercial districts and neighborhood
centers – including higher densities and intensification of use in these key
areas.
BACKGROUND:
The Downtown Bozeman Partnership administers the Downtown Urban
Renewal District on behalf of the City of Bozeman. The Downtown Urban
Renewal District Board, as appointed by the Mayor and City Commission,
directs the programs, projects and initiatives of the Downtown URD. The
1995 Downtown Urban Renewal Plan and 2019 Downtown Bozeman
Improvement Plan, as adopted by the City Commission, guides the programs,
projects and initiatives of the Downtown URD.
The Downtown URD Board took formal action to approve the FY2024 work
plan and budget at their monthly public board meeting on April 18, 2023.
UNRESOLVED ISSUES:None at this time.
ALTERNATIVES:As recommended by the City Commission.
FISCAL EFFECTS:
The Downtown URD anticipates a FY23 year-end balance of $7.2 million and
FY24 revenues are projected to be $1.6 million which totals just under $9
million of funding available for FY24. The proposed FY24 expenditures and
allocated funds total $8.6 million with an estimated FY24 year-end balance
of $225,000. The following work plan and budget outline these projects and
projected expenses.
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Attachments:
FY2024 URD Work Plan-Budget_CC.pdf
Report compiled on: May 5, 2023
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Downtown Urban Renewal District
FY2024 Work Plan and Budget
Downtown URD Mission Statement
The Downtown Bozeman Urban Renewal District board (URD) will foster an economically thriving district that:
1) attracts investment; 2) stabilizes and strengthens the tax base; and 3) supports the vitality and diversity of
the Gallatin Valley as its social and cultural center.
In 1995, the City Commission adopted the Urban Renewal Plan for downtown Bozeman which was
subsequently amended in 2015. The intent and purpose of the Urban Renewal Plan emphasizes:
1. Bozeman’s historical character as a “working” downtown shall be maintained.
2. Traffic movement and access shall be designed with the emphasis on the downtown as a designation
rather than improving the flow of through traffic.
3. The facilitation of private/public partnerships is encouraged in the implementation of the Plan.
4. Objectives shall be accomplished by incentives whenever possible.
5. Private property rights will be respected.
6. Administrative practices shall be conducted in a constructive manner which fosters cooperation.
7. This Plan is further detailed, refined, prioritized and implemented by the “Downtown Improvement
Plan” which outlines specific programs and projects consistent with the Urban Renewal Plan.
The Urban Renewal Plan established nine “Guiding Principles” to provide direction for improving Bozeman’s
historic downtown. The Urban Renewal Study Committee considered the first three principles more important
than the next three with the last three the least important. However, the Committee deemed all nine
principles to be vital to achieving the vision for downtown. Key implementation actions were identified for
each principle (may apply to multiple principles but are only listed once below).
1. Strengthen downtown’s economic vitality
2. Improve the safety, security and health of the district
3. The image of downtown shall be continuously improved
4. Downtown’s accessibility shall be improved
5. “Community Partnership” is fundamental to downtown’s success
6. Downtown’s diversity shall be facilitated
7. The cost of projects and programs shall be weighed against their benefits
8. Downtown shall become more user friendly
9. Cultural activities shall be nurtured and expanded downtown
Downtown URD FY24 Programs, Projects and Initiatives
The Downtown URD anticipates a FY23 year-end balance of $7.2 million and FY24 revenues are projected to
be $1.6 million which totals just under $9 million of funding available for FY24. The proposed FY24
expenditures and allocated funds total $8.6 million with an estimated FY24 year-end balance of $225,000. The
following work plan and budget outline these projects and projected expenses.
Ongoing DBP/City of Bozeman Operational Support:
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Downtown Bozeman Partnership Management Fee (FY23 - $203,500, FY24 - $220,000)
An estimated 8% increase in FY24. The DBP has seen significant rises in health care premiums, lease
rates, energy bills and overall operational costs and this is a needed increase to cover overall rise in
operational costs to the organization and for employee retention.
City of Bozeman Economic Development Staff Support (FY23 - $56,100, FY24 - $58,100)
This expense helps fund a portion of payroll expenses for City of Bozeman staffing support. This has
looked different over the past two years as digital platforms have been enhanced and the need for
support have shifted. We confirmed that due to the rise in wages and benefits that this expense was
much higher in FY23 than originally anticipated. A small increase is projected for FY24 with similar city
staff support.
Current Encumbered Projects and Programs:
Street Furniture/Streetscape-new purchases (FY23 - $25,000 (FY24 - $50,000)
In FY23 we shifted to tree and tree grate updates based on need. We hired Greenspace to pull, grind
and replant 5 of 11 trees that died during the drought in 2021/22. We also purchased several new
benches and tree guards/grates for redeveloped sites. In FY24 we will continue to support the City of
Bozeman for tree replacement projects that require added engineering or contract work. We will need
also to purchase several new tree guards and grates for the remaining 8 trees (2 more removed in
FY22).
Soroptimist Park/North Black Pocket Park (FY23/Improvements $25,000, FY24/Maintenance –
$25,000)
In FY23 this was intended for future Soroptimist Park planning but was used to complete the North
Black Pocket Park by board decision. Moving forward, I’d propose we combine the ongoing
improvement needs for Soroptimist Park and our now-needed ongoing improvements at the North
Black Pocket Park and seasonal planters. No future large enhancements are planned for Soroptimist
Park, after a minor revamp in 2022 but could be a priority in the future.
Alley Improvement Project & Planning (FY23 - $250,000, FY24 – $300,000)
We are underway with the North Black to Tracy Alley Improvement Project and have completed initial
design plans, hired a design team and project manager. We are finalizing a CCOA with the city and
making plans for an alley-wide trash program and several call for art announcements. Majority of work
is planned for spring 2023, based on project bid interest. The increase in FY24 is to cover the increased
construction costs due to inflation and to allow for additional funding for the next alley design plans.
Intersection Cable Anchor Repairs (FY23/24 - $25,000)
This is a just-in-case fund, and no large repairs are projected for FY24. These are ongoing and necessary
upgrades, specifically as buildings get redeveloped on those specific corners.
Pedlet/Parklet Project (FY23/Planning - $50,000, FY24/Planning & Infrastructure - $40,000)
The idea of a “parklet” or extension of private use into public sidewalk space has been in discussion for
many years and elevated during covid. We have recently completed a plan that led us into a “Pedlet”
idea rather than a “Parklet” with Downtown Partnership ownership. Most recently the city staff
showed concern with implementing this project due to the loss of parking and the next steps for
support will be to take the plan to the transportation board.
Workforce Housing Project – Fire Station One (FY23/24 - Encumbered $1,600,000)
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This is an encumbered expense approved for a project with 50 units of work force housing to be sold at
120% AMI. The $1.6 million approved for this project will be reimbursed at the certificate of occupancy
and when all of the project conditions have been met. This will likely be reimbursed after FY24 but will
be encumbered until paid or approved project changes.
On-going Programs & Projects in FY24:
URD Grant Programs – The URD grants have been updated to reflect current code updates and can
now be completed online. Continued revisions and updated have bene made to make grants relevant.
A more aggressive approach to advertise the grants have been done with great results. A complete
revision of the residential and tag assistance grants are scheduled to start in early spring 2023 and be
completed by fall 2023.
Please review and discuss ideas:
• Streetscape Assistance (FY23 - $50,000, FY24 - $50,000)
▪ Make benefits clearer and adjust to current needs including running conduit, improving
water and sewer lines
▪ Add and an Infrastructure Improvement Grants, possibly based on tax projections over
lifetime of DURD, research loan program with City Economic Department
• Fiber Infrastructure Grant (FY23 - $10,000, FY24 - $10,000)
▪ No big changes needed, continue to be used and generally see up to 5 applicants/yr.
• Life-safety Grant (FY23 - $10,000, FY24 - $10,000)
▪ Great investment but only for larger re-development projects, assume 1 per/yr. at
$10K/ea.
• Technical Assistance Grant (FY23 - $50,000, FY24 - $50,000)
▪ Add Art/Social Infrastructure Grant
▪ Add CPTED (Crime Prevention through Environmental Design) Grants – lighting,
cameras, landscape improvements
• Residential Incentive Program (FY2023 - $200,000, FY24 - $200,000)
▪ TWO potential projects seeking support in FY24, 5th and Mendenhall 6-story residential
project, The Scully building converting commercial into residential. Both in planning
stages and hope to complete work in FY24.
Wayfinding and Parking Signage Project – Planning/Infrastructure (FY23 - $40,000, FY24 - $40,000)
This ranked as a top project on the URD board prioritization exercise to expand and clarify what
amenities and parking are available. This was not completed in FY23 due to the unclear future of paid
parking in downtown. The cost will be an estimated $20,000 for fabrication and installation of signage,
$15,000 for design and planning for the project. Great Falls received a state grant for a downtown
wayfinding plan. I hope to look into this for late FY24.
Downtown Infrastructure & Public Realm Plan (FY23 - $50,000, FY24 $50,000)
To develop plan to enhance Downtown’s identity and ensure public realm developments create a
consistent and sustainable environment, establish framework for near term infrastructure investments
that incrementally build to long term vision, provide path for private investment, while leveraging
limited resources. We were unable to begin this project in FY23 but intend to start Phase 1 of this plan
in FY24. The scope is currently being reviewed.
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Side-Streetscape Side-Street Preliminary Engineering (FY23 - $50,000, FY24 - $100,000, combined
projects) - To update and continue planning to extend the streetscape to side streets, Babcock, and
Mendenhall. This could also assist in the development of the design guidelines and standards project
for future downtown development assistance that will include streetscape updates.
o Design Streetscape Guidelines/Standards
o North Willson Streetscape Project
o South Wallace Asbestos Mitigation/Streetscape
Transportation (FY23/Planning - $50,000, FY24/Improvements - $50,000)
We have recently completed phase 2 of a downtown transportation plan with Sanderson Stewart that
includes short-term infrastructure improvements with a focus on pedestrian safety and downtown
access along Mendenhall and Babcock. We are currently developing a scope with short and long-term
attainable solutions with them and City Public Works and Engineering. We hope to utilize this plan for
some of the suggested safety improvements in FY24.
Alternative Transportation Projects (FY23/24 - $50,000)
This has been established as an ongoing DURD priority. No projects were completed in FY23 but there
are discussions with the City Public Works department to provide DURD support for the current Black
Avenue Bike Route project. These funds could support the portion of the project within DURD
boundaries.
Employee Paid Parking Permit System (FY23 - $20,000), Revise for FY24 to a Shared-Use/Parking
Outreach program (FY24 - $20,000)
Employee support, outreach and education around parking and parking management continues to be a
priority as our parking needs change. These allocated funds could be used to help advertise any
changes to the employee parking system, potentially off-set costs to employees for permitting or for
other general implementation costs with a focus on assisting the businesses with any changes or
concerns.
Bozeman Creek (FY23/Improvements - $20,000, FY24/Planning - $20,000)
Educational and artistic project completed in FY23. Continue engineering work in FY24 to look at flood
plan mitigation within downtown. A group has been meeting to discuss next steps and current
documents have been provided to city leadership.
Structured Parking Site Plan, Bids - Planning (FY23 - $1,250,000 FY24 - $1,750,000, 000)
Encumbered funds to support future parking supply infrastructure, increase budgeted amount in FY24
due to inflation.
Parking Supply – Allocated funds for future project (FY23 - $0, FY24 $3,000,000)
Although “parking supply and infrastructure” has been a DURD priority for many years, established in
both downtown plans and outlined in Resolution 1409. Although funds for the construction and
development for this project have not been formally allocated based on bonding capacity. Discuss how
to allocate these funds or establish documentation for future allocation of funds once a bond capacity
study has been completed.
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Downtown URD FY24 Budget:
Category
FY24
DRAFT
Budget
Income
Starting Cash Balance $7,256,100
Income from TIF
COB Interlocal Share $1,558,200
Entitlement Share State of Montana $57,100
Interest Income $2,100
Other Income
Total Income $8,873,500
Expenses
Operations
DBP Management Fee $220,000
City Economic Development Staff Support $58,100
Total Operations $278,100
Infrastructure Improvements
Street Furniture/Streetscape Improvements & Furniture $50,000
Park Improvements (Soroptimist/NBPP) $25,000
Alley Improvements $250,000
Intersection Cable Anchor Repairs $25,000
Parklet Infrastructure $20,000
Sidestreet Infrastructure Improvements $300,000
Streetscape Assistance Grant Program $50,000
Life-Safety Grant Program $30,000
Fiber-Broadband Infrastructure Grants $10,000
Wayfinding & Parking Signage $15,000
Bozeman Creek Improvements $0
Alternative Transportation Projects $50,000
Streetlamp Power Reconfiguration Project (SILD) $100,000
Workforce Housing Project - Fire Station One $1,600,000
Total Improvements $2,525,000
Planning
Alley Planning $50,000
Parklet Planning/Program $20,000
Technical Assistance Grant Program $50,000
Residential Incentive Grant Program $200,000
Utility Infrastructure Improvements $50,000
Wayfinding Plan Development $25,000
Downtown Infrastructure & Public Realm Plan $50,000
Side-Streetscape Preliminary Engineering $100,000
Downtown Streetscape Design Standards $0
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North Willson Streetscape Project $0
Transportation Planning/Improvements $50,000
Parking Management Planning & Infrastructure Support $20,000
Bozeman Creek Planning $20,000
Soroptimist Park Planning $0
Code Amendments $0
DBIP General Implementation $50,000
Structured Parking Informal, Site Plan, Bids $1,750,000
Professional Services Term Contract (parking site
analysis) $75,000
Parking Supply - Designated Funds $3,000,000
Total Planning $5,510,000
Parking Structure
Garage Bond Payment $335,000
Total Parking Garage Payments $335,000
Total Expenses $8,648,100
Balance $225,400
The FY2023 Downtown Urban Renewal District Work Plan and Budget
was unanimously approved by the URD Board on April 18, 2023.
Prepared and submitted by:
Ellie Staley, Executive Director
Downtown Bozeman Partnership
222 East Main Street #302
Bozeman MT 59715
ellie@downtownbozeman.org
406-586-4008
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