HomeMy WebLinkAbout07-18-23 City Commission Meeting Agenda and Packet MaterialsA.Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse
This meeting will be held both in-person and also using an online video conferencing system. You
can join this meeting:
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B.Pledge of Allegiance and a Moment of Silence
C.Changes to the Agenda
D.Authorize Absence
D.1 Authorize the Absence of Commissioner Pomeroy(Maas)
E.FYI
F.Commission Disclosures
G.Consent
G.1 Accounts Payable Claims Review and Approval (Armstrong)
G.2 Authorize the City Manager to Sign a Contract for Aerial Imagery Leaf-on Flight and Land
THE CITY COMMISSION OF BOZEMAN, MONTANA
REGULAR MEETING AGENDA
Tuesday, July 18, 2023
How to Participate:
If you are interested in commenting in writing on items on the agenda please send an email to
agenda@bozeman.net or visit the Public Comment Page prior to 12:00 p.m. on the day of the
meeting.
Public comments will also be accepted in-person and through video conference during the appropriate
agenda items but you may only comment once per item.
As always, the meeting will be recorded and streamed through the Commission's video page and
available in the City on cable channel 190.
For more information please contact the City Clerks' Office at 406.582.2320.
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Cover Data Acquisition(Jorgenson)
H.Public Comment
This is the time to comment on any matter falling within the scope of the Bozeman City
Commission. There will also be time in conjunction with each agenda item for public comment
relating to that item but you may only speak once per topic. Please note, the City Commission
cannot take action on any item which does not appear on the agenda. All persons addressing the
City Commission shall speak in a civil and courteous manner and members of the audience shall
be respectful of others. Please state your name and address in an audible tone of voice for the
record and limit your comments to three minutes.
Written comments can be located in the Public Comment Repository.
I.Action Items
I.1 Continue the Public Meeting to Consider the South Range Crossing Major Subdivision
Preliminary Plat Application to the August 1, 2023 Meeting(Montana)
I.2 Ordinance 2132, Provisional Adoption of Alcoholic Beverages and Sales Text Amendment,
Application 23064(Saunders)
I.3 Resolution 5496, Calling for Election for General Obligation Bonds and Mill Levies for the
Bozeman Community Center(Henderson)
I.4 Ordinance 2145, Provisional Adoption Amending an Urban Renewal Plan for the Bozeman,
Midtown Urban Renewal District(Fine)
I.5 Ordinance 2146, Provisional Adoption Amending an Urban Renewal Plan for Portions of
Northeast Bozeman(Fine)
I.6 Ordinance 2144 Provisional Adoption Repealing 2.05.1810 Bozeman Municipal Code (North
Park Urban Renewal Board); Repealing 2.05.1830 Bozeman Municipal Code (Bozeman
Midtown Urban Renewal Board); Repealing 2.05.1840 Bozeman Municipal Code (Northeast
Urban Renewal Board); Repealing 2.05.1850 Bozeman Municipal Code (South Bozeman
Technology District Board); and Repealing Sec. 2.05.1860 Bozeman Municipal Code (Pole
Yard Urban Renewal Board)(Fine)
J.Work Session
J.1 Solid Waste Rate Study and Compost Feasibility Study Work Session Continuation (Handelin)
K.FYI / Discussion
L.Adjournment
City Commission meetings are open to all members of the public. If you have a disability that requires
assistance, please contact our ADA Coordinator, Mike Gray, at 582-3232 (TDD 582-2301).
Commission meetings are televised live on cable channel 190 and streamed live at
www.bozeman.net.
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
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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:Alex Newby, Deputy City Clerk
Mike Maas, City Clerk
Kira Peters, Assistant City Manager
Jeff Mihelich, City Manager
SUBJECT:Authorize the Absence of Commissioner Pomeroy
MEETING DATE:July 18, 2023
AGENDA ITEM TYPE:Administration
RECOMMENDATION:Authorize the Absence of Commissioner Pomeroy
STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver
information to the community and our partners.
BACKGROUND:Commissioner Pomeroy notified City Manager Mihelich and Mayor Andrus of
her anticipated absence.
UNRESOLVED ISSUES:None
ALTERNATIVES:None
FISCAL EFFECTS:None
Report compiled on: July 6, 2023
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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:July 18, 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: July 13, 2023
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Memorandum
REPORT TO:City Commission
FROM:Gail Jorgenson, GIS Program Manager
Jon Henderson, Strategic Services Director
SUBJECT:Authorize the City Manager to Sign a Contract for Aerial Imagery Leaf-on
Flight and Land Cover Data Acquisition
MEETING DATE:July 18, 2023
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign a Contract for Aerial Imagery Leaf-on
Flight and Land Cover Data Acquisition
STRATEGIC PLAN:6.1 Clean Water Supplies: Ensure adequate supplies of clean water for today
and tomorrow.
BACKGROUND:The City of Bozeman Water Conservation and Urban Forestry Divisions have
identified a need for accurate high resolution land cover data to support city
goals aimed at water conservation, environmental sustainability, and
calculating ecosystem services provided by the city’s public and private tree
canopy. These efforts will utilize an acquired Land Cover and Turf data set
to calculate turf within the city, establish a base line to track changes in the
city landscape over time, and to provide an accurate tree canopy assessment
for use in calculating carbon sequestered in the city’s public and private tree
canopy. This project will capture leaf-on aerial imagery and Land Cover
layers for the entire 78.7 square mile planning boundary (map included in
Attachment A of the attached RFP shows the area of interest). The desired
flight dates are between August 1st and August 31st, 2023, with project
completion within 180 days from photo acquisition. Ayres was selected
through a competitive RFP process for professional services. This contract
will be the first to support the commitment the city has made via the CIP
budget process to provide yearly a Land Cover data.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As directed by the City Commission.
FISCAL EFFECTS:The total project cost to the city will be $72,850. Adequate funding exists for
this project with $65,000 currently allocated within the FY23 Strategic
Services budget for the purchase of a Land Cover Dataset (CIP Item GIS10)
with the remaining $7,750 to be covered by the Water Conservation Division
professional services fund.
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Attachments:
Attachment 1 - PSA_Ayres.pdf
Attachment 2_SOW_AyresCOST_Bozeman MT Land Cover
Dataset and Turf Layer_0629.pdf
Attachment 3_Bozeman Land Cover Dataset RFP_FY24.pdf
Exhibit A_Ayres_Bozeman MT Land Cover Dataset and Turf
Layer.pdf
Report compiled on: June 28, 2023
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Attachment 1
Agreement for Purchase of Land Cover Dataset and Turf Layer FY2024 Page 1 of 7
PURCHASE AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 202__ (“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230,
Bozeman, MT 59771, hereinafter referred to as “City,” and Ayres Associates, Inc, hereinafter
referred to as “Seller.” The City and Seller may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual promises and agreements hereinafter contained, the parties
agree as follows: 1. Property Purchased: Seller agrees to sell and City agrees to purchase the property requested and described in Bozeman Land Cover Dataset RFP_FY24, attached hereto as Exhibit A which is incorporated into this Purchase Agreement by this reference. By accepting this
Purchase Agreement, Seller hereby agrees that the sale, use, or incorporation into manufactured products of all machines, software, hardware, materials and other devices furnished under this Purchase Agreement which are not of the Seller’s design, composition, or manufacture shall be free and clear of infringement of any valid patent, copyright, or trademark. Seller shall hold the City harmless from any and all costs and expenses, including attorney fees, liability, and loss of
any kind growing out of claims, suits, or actions alleging such infringement, and Seller agrees to defend such claims, suits, or actions. 2. Specifications: The Seller agrees that all material and workmanship in and upon this Property complies with Exhibit A as accepted by the City. Unless otherwise agreed to by the
City, the items listed in Exhibit A, govern in the event of inconsistencies with the Seller’s response to the same. 3. Price: The City agrees to pay $72,850 (Attachment 2) as the purchase price. All prices include shipping and any applicable local, state or federal taxes that may be applied to the
Property to be purchased. This price is firm and not subject to escalation under agreed to in writing
by the City. 4. Delivery and Payment: Time is of the essence in the performance of this Purchase
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Attachment 1
Agreement for Purchase of Land Cover Dataset and Turf Layer FY2024 Page 2 of 7
Agreement. Seller assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other served associated with delivery of the Property.
Seller agrees to delivery to the City in a fully operational status and all accessories properly installed no later than _January 31, 2024. Delivery will occur via digital transfer of data or hard drive delivered to 20 E Olive Street, Suite 103A, Bozeman, MT 59715, or at a place otherwise designated in writing by the City. If delivery of the Property and/or performance of services
required under this Purchase Agreement cannot be made Seller shall promptly notify the City of
the earliest possible date for delivery or performance. Notwithstanding such notice, if Seller for any reason fails to deliver the Property or perform required services within the time specific or to the City’s satisfaction the City may terminate this Purchase Agreement or any part therefore without liability except for good or services previously provided and accepted. The City’s receipt
or acceptance of any part of a non-conforming delivery or service shall not constitute a waiver of
any claim, right or remedy the City has under this Purchase Agreement or applicable law. Upon delivery and for a reasonable period thereafter, City has the right to inspect the Property to ensure that it meets Specifications as modified by Seller’s responses which have been accepted by City. If the Property meets the Specifications, City shall tender the purchase price stated above to Seller
through the City’s normal claim process. Unless otherwise agreed to in writing, payment terms shall be net thirty (30) days from the date of receipt of invoice or acceptance and delivery of goods and services by the City, whichever occurs last. Payment will be made to Seller at the address previously stated unless Seller provides a different address in writing.
5. Nondiscrimination and Equal Pay: The Seller agrees that all hiring by Seller of
persons performing this Agreement shall be on the basis of merit and qualifications. The Seller
will have a policy to provide equal employment opportunity in accordance with all applicable state
and federal anti-discrimination laws, regulations, and contracts. The Seller will not refuse
employment to a person, bar a person from employment, or discriminate against a person in
compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual
orientation, gender identity, physical or mental disability, except when the reasonable demands of
the position require an age, physical or mental disability, marital status or sex distinction. The
Seller 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.
Seller 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, Montana Code Annotated
(MCA) (the Montana Equal Pay Act). Seller must report to the City any violations of the Montana
Equal Pay Act that Seller has been found guilty of within 60 days of such finding for violations
occurring during the term of this Agreement.
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Attachment 1
Agreement for Purchase of Land Cover Dataset and Turf Layer FY2024 Page 3 of 7
Seller shall require these nondiscrimination terms of its subcontractors providing products
under this Agreement.
6. Default/Termination/Remedies: In the event of Seller’s breach of this Purchase Agreement, including if Seller fails to deliver the Property as set forth herein or fails to meet City’s Specifications, City may, at its option, take any or all of the following actions without prejudice to any other rights or remedies available to the City by law: (i) declare the Seller in default and
immediately cancel and rescind this Purchase Agreement; (ii) require Seller to repair or replace
any equipment or materials used in the Property, and upon Seller’s failure or refusal to do so, repair or replace the same at Seller’s expense; (iii) reject any material or equipment included in the Property containing defective or nonconforming equipment or material and return for credit or replacement at Seller’s option; or (iv) cancel any outstanding deliveries and treat such breach by
Seller as Seller’s repudiation of this Purchase Agreement. Thereafter, City may procure substitute
property to replace the Property described herein. In such event, Seller is liable to City for the difference between the price set forth herein and the price paid by City for the replacement property. Additionally, the City may pursue any other remedy it has at law or in equity.
In the event of the City’s breach hereunder, Seller’s exclusive remedy shall be Seller’s
recovery of the material or equipment or of the Purchase Price or portion of the Purchase Price payable for equipment and material delivered to the City prior to such breach. 7. Change Orders: The City shall have the right to revoke, amend, or modify this
Purchase Agreement or the equipment or material included in the Quotation at any time. Seller’s
receipt of City’s written change order without response received by the City within 10 (ten) business days or Seller’s shipment or other performance reflecting the change, whichever occurs first, shall be Seller’s acceptance of the change without any price or other adjustment.
8. WARRANTY: THE SELLER SHALL WARRANTY THE PROPERTY INCLUDING ALL COMPONENT PARTS IN ACCORDANCE WITH WARRANTY SPECIFICS AND SHALL ASSIGN TO THE CITY ALL WARRANTIES FOR ALL COMPONENT PARTS OF THE PROPERTY NOT WARRANTIED BY SELLER. IN ADDITION, THE SELLER AGREES THE PROPERTY IS COVERED BY IMPLIED
WARRANTIES FOR MERCHANTABILITY AND FITNESS FOR THE PARTICULAR PURPOSE FOR WHICH IT HAS BEEN PURCHASED. IN ADDITION TO ANY OTHER EXPRESSED OR IMPLIED WARRANTIES AND UNLESS OTHERWISE AGREED IN WRITING, SELLER ALSO WARRANTS THAT ALL EQUIPMENT DELIVERED HEREUNDER WILL BE NEW, SUITABLE FOR USE AS DESCRIBED, OF THE GRADE
AND QUALITY SPECIFIED, FREE FROM ALL DEFECTS IN DESIGN, MATERIAL AND WORKMANSHIP; IN CONFORMITY WITH ALL SPECIFICATIONS FURNISHED; IN COMPLIANCE WITH ALL APPLICABLE FEDERAL, STATE AND
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Attachment 1
Agreement for Purchase of Land Cover Dataset and Turf Layer FY2024 Page 4 of 7
LOCAL LAWS AND REGULATIONS AND FREE FROM ANY LIENS AND ENCUMBRANCES. THESE WARRANTIES SHALL NOT BE DEEMED TO EXCLUDE
SELLER’S STANDARD WARRANTIES OR OTHER RIGHTS OR WARRANTIES WHICH THE CITY MAY HAVE OR OBTAIN. 9. Insurance/Indemnification: The Seller shall insure the Property for a minimum of the purchase price against all damages during the delivery period per the Specifications. In
addition to and independent from the above, during the delivery period Seller shall defend,
indemnify, and hold the City, its officers, employees, and agents harmless against claims, demands, suits, damages, losses, and expenses connected therewith that may be asserted or claimed against, recovered from or suffered by the City by reason of any injury or loss, including but not limited to, personal injury, including bodily injury or death, property damage, occasioned by,
growing out of, or in any way arising or resulting from any intentional or negligent act on the part
of Seller, it’s agents or employees. This provision shall survive delivery and acceptance by the city of the Property. 10. Assignment: Seller may not delegate, subcontract, or assign any duties and
services or assign any rights or claims under this Purchase Agreement without the express written consent of City. 11. Entire Agreement: This Agreement, including its appendices, if any, embodies the entire understanding between the parties relating to the subject matter contained herein. No
agent or representative of either party has authority to make any representations, statements,
warranties or agreements not herein expressed and all modifications or amendments of this Agreement, including the appendices, must be in writing and signed by an authorized representative of each of the parties hereto.
12. Applicability: This Agreement and any extensions hereof shall be governed and
construed in accordance with the laws of the State of Montana, venue shall be in the Eighteen Judicial District, Gallatin County Montana, and the same is binding upon the parties, their heirs, successors, and assigns.
13 Permits: Seller 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.
14. Laws and Regulations: Seller 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,
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Attachment 1
Agreement for Purchase of Land Cover Dataset and Turf Layer FY2024 Page 5 of 7
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. 15. Modification and Assignability: This Agreement may not be enlarged, modified
or altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be
bound by all of the terms and conditions of this Agreement.
16. 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.
17. 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.
18. 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.
19. Counterparts: This Agreement may be executed in counterparts, which together
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Attachment 1
Agreement for Purchase of Land Cover Dataset and Turf Layer FY2024 Page 6 of 7
constitute one instrument.
20. 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 ****
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Attachment 1
Agreement for Purchase of Land Cover Dataset and Turf Layer FY2024 Page 7 of 7
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives the day and year first above written.
CITY OF BOZEMAN SELLER By___________________________ By____________________________ Jeff Mihelich City Manager Print Name: ___________________ Print Title: ____________________ APPROVED AS TO FORM:
By________________________________ Greg Sullivan, City Attorney
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www.AyresAssociates.com
Ingenuity, Integrity, and Intelligence.
BUDGET
Land Cover Dataset
and Turf Layer
City of Bozeman
June 29, 2023
15
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Ingenuity, Integrity, and Intelligence.
AYRES | LAND COVER DATASET AND TURF LAYER | CITY OF BOZEMAN
We propose to provide the requested services for the estimated fees as follows.
LAND COVER DATASET AND TURF LAYER UTILIZING
12-INCH ORTHOIMAGERY
GEOSPATIAL SERVICES PROVIDED LUMP SUM FEES
Aerial Imagery Acquisition and Processing $25,000
Ground Control Survey $2,850
Land Cover Classification $16,500
Turf Layer Classification $14,000
Accuracy Assessment $14,500
Lump Sum Total Fees:$72,850
The above fees reflect the following adjustments to the scope:• Land Cover Classifications 21 (developed, open space), 22 (developed, low intensity),
23 (developed, medium intensity), and 24 (developed, high intensity) will be
classified into one single ‘Developed’ land cover classification.
• Land Cover Classifications 81 (pasture/hay), 82 (cultivated crops) will be classified
into one single ‘Agriculture’ land cover classification.
• For the accuracy assessment, All records will have a greater than 65% accuracy with
80% of records having an accuracy of 80% or higher.
BUDGET
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Page 1 of 16
REQUEST FOR PROPOSALS (RFP)
LAND COVER DATASET AND TURF LAYER
CITY OF BOZEMAN
Bozeman, MT
City of Bozeman
PO Box 1230
Bozeman, MT 59771-1230
April 2023
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NOTICE IS HEREBY given that the City of Bozeman (City) is seeking proposals from firms to provide
a land cover data set based on the National Land Cover Dataset classifications and a separate
derived GIS Turf layer for the greater Bozeman area.
Copies of the Request for Proposals are available on the City’s website at
https://www.bozeman.net/government/city-clerk/bids-rfps-rfqs.
All proposals must be provided as a single, searchable PDF document file and be submitted
digitally as an email attachment to the RFP Recipient email address below. Respondents
are advised that Recipient’s email attachment size limit is 25MB and that only one PDF
file will be allowed per response. The subject line of the transmittal email shall clearly identify
the RFP title, company name and due date/time. File sizes greater than 25MB in size may
be uploaded upon special arrangement of the Recipient; however, it is the respondent’s
sole responsibility to ensure the file upload is completed, and that the Recipient is separately
notified via email of same, prior to the given deadline.
Deliver proposals via email to the City Clerk by May 15, 2023 at 3:00 p.m. MST. It is the sole
responsibility of the proposing party to ensure that proposals are received prior to the closing
time as late submittals will not be accepted and will be returned unopened.
The email address for submission is: agenda@bozeman.net
NON-DISCRIMINATION AND EQUAL PAY
The City of Bozeman is an Equal Opportunity Employer.
Discrimination in the performance of any agreement awarded under this RFQ on the basis of race,
color, religion, creed, sex, age, marital status, national origin, or actual or perceived sexual
orientation, gender identity or disability is prohibited. This prohibition shall apply to the hiring
and treatment of the awarded entity’s employees and to all subcontracts.
As such, each entity submitting under this notice shall include a provision wherein the submitting
entity, or entities, affirms in writing it will not discriminate on the basis of race, color, religion,
creed, sex, age, marital status, national origin, or because of actual or perceived sexual
orientation, gender identity or disability and which also recognizes the eventual contract will
contain a provision prohibiting discrimination as described above and that this prohibition on
discrimination shall apply to the hiring and treatment of the submitting entity’s employees and
to all subcontracts.
In addition, pursuant to City Commission Resolution 5169, the entity awarded a contract under
this RFQ and any subcontractors must abide by the Equal Pay Act of 1963 and Section 39-3-104,
MCA (the Montana Equal Pay Act), and affirm it will abide by the above and that it has visited the
State of Montana Equal Pay for Equal Work “best practices” website,
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https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and
has read the material.
Any administrative questions regarding proposal procedures should be directed to: Mike Maas,
City Clerk (406) 582-2321, agenda@bozeman.net.
Questions relating to the RFP should be directed to: Gail Jorgenson, GIS Program Manager, (406)
582-2972, gjorgenson@bozeman.net.
DATED at Bozeman, Montana, this Wednesday, April 12th, 2023.
Mike Maas
City Clerk
City of Bozeman
For publication on:
Saturday, April 15, 2023
Saturday, April 22, 2023
Saturday, April 29, 2023
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I. INTRODUCTION
The City of Bozeman (Owner), is seeking proposals from firms to provide a Land Cover data set
modeled after the National Land Cover data classification scheme and a GIS Turf layer of the greater
Bozeman area.
The Owner intends to enter into a contract with the selected firm that will include but is not limited
to the following deliverables:
• Survey Control and Quality Check Shots
• Digital Orthoimagery (4-band, 12” pixels, mosaic)
• Land cover dataset modeled after the classification scheme of the National Land Cover dataset
• Separate derived GIS “Turf” layer
• Project Reports and Metadata
This RFP shall not commit the Owner to enter into an agreement, to pay any expenses incurred
in preparation of any response to this request, or to procure or contract for any supplies, goods
or services. The Owner reserves the right to accept or reject all responses received as a result of
this RFP if it is in the Owner’s best interest to do so.
This procurement is governed by the laws of the State of Montana and venue for all legal
proceedings shall be in the 18th Judicial District Court, Gallatin County. By offering to perform
services under this RFP, all Submitters agree to be bound by the laws of the State of Montana
and of the Owner, including, but not limited to, applicable wage rates, payments, gross receipts
taxes, building codes, equal opportunity employment practices, safety, non-discrimination, etc.
II. PROJECT BACKGROUND AND DESCRIPTION
The City of Bozeman Water Conservation and Urban Forestry Division’s have identified a need for accurate
high resolution land cover data to support city goals aimed at water conservation, environmental
sustainability, and calculating ecosystem services provided by the city’s public and private tree canopy.
These efforts will utilize an acquired Land Cover and Turf data set to calculate turf within the city; establish
a base line to track changes in the city landscape over time, and to provide an accurate tree canopy
assessment for use in calculating carbon sequestered in the city’s public and private tree canopy.
The City of Bozeman’s Water Conservation Division requires accurate turf land cover data to support its
efforts to reduce outdoor water use in new and existing construction. The Turf Land Cover data layer will
provide the staff of the Water Conservation Division with tools to monitor change in landscape plant cover
and turf over time. Specifically, this data will be used to: track the effectiveness of landscape design
standards that limit the installation of turf/grass lawn in new development; support data driven decision
making for future regulation and policy regarding outdoor water use; and assist division staff in
performing targeted outreach to property owners that have the greatest opportunity to reduce outdoor
water use through landscape retrofit projects.
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The City of Bozeman Urban Forestry Division and Sustainability Division requires an accurate tree canopy
assessment to support efforts that include identifying various ecosystem services provided by trees (i.e.
carbon sequestration, pollutant capture, property value and effects on energy conservation goals).
Potential tree planting sites should also be identified to allow the city to investigate tree planting focused
on sites where diversity, equity and inclusion challenges are identified. Future studies will use this data
as a baseline to track changes in tree canopy coverage throughout Bozeman.
The desired flight dates are between August 1st and August 30th 2023. The desired project completion
date is 90 days from photo acquisition. Imagery and data deliverables will be integrated into the city
Geographic Information System.
III. SCOPE OF SERVICES
The preliminary scope of work involved for this project is outlined below. Additional tasks and work
elements may be added during contract negotiations. It is also possible that tasks or elements could be
deleted through negotiation. In its proposal, the Consultant may recommend addition/deletion of tasks
or modification of tasks in describing its particular understanding and approach for the project.
Proposals must clearly identify any elements of the proposed scope of work that would not be provided
by the prime Consultant. Any sub-Consultants which comprise the overall Consultant team must be
identified along with a description of past working history between the firms.
The City desires to complete the proposed work in a diligent manner. Proposals must clearly indicate the
Consultant’s anticipated schedule given their staffing and current and projected workload commitments.
The proposal shall include a proposed schedule of events necessary to complete the work. The schedule
shall include a process and schedule for the submittal of draft products for City review prior to final
submittals.
Prior to receiving notice to proceed after negotiations, before any data collection the Consultant must
submit a project plan. The project plan will include the following:
1) A map showing the study area boundaries and flight path at a reasonable scale (approx.
1:150,000)
2) Documentation specifying altitude, air speed, scan angle, scan rate, and other flight and
equipment information deemed appropriate.
3) A chart of areas of high Position Dilution of Precision (PDOP), or a list showing the time of the
beginning and end of high PDOP.
4) The proposed ground control plan containing Airborne GPS support. If necessary, the Consultant
shall obtain all rights of entry, be responsible for all GPS control information and show all National
Spatial Reference System (NSRS) monuments that will be used for the GPS base stations for
airborne GPS control.
Failure to comply with any of these provisions may result in the rejection of the proposal.
Digital Imagery Specifications:
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Orthoimagery shall be acquired only on clear days, leaf-on conditions, with no snow and minimal puddling
of rainwater or other weather-related effects obscuring the ground surface. At a minimum, National Map
Accuracy Standards for the production of the Orthoimagery must be adhered to. The camera and
magazines shall meet or exceed the most recent USGS specifications for aerial camera systems.
Aerotriangulation/bundle adjustment shall be performed by the current state-of-the-art analysis software
to maximize accuracy of the data.
o Photographic Conditions
• Tree Cover. Photography shall be undertaken while the leaves are on the deciduous trees.
• Clouds. Clouds or cloud shadows must not appear on the imagery. High, thin overcast is
permitted above the flying altitude if it does not cause ground mottling or a discernable reduction
in light levels and/or ground object shadows.
• Smoke. Smoke or shadows from smoke must not appear on the imagery.
• Well-Defined Images. Collect imagery to obtain well-defined images. Do not attempt imagery
acquisition where the ground is obscured by haze, smoke, smog, dust, or falling snow, sleet, rain,
or other obscuring phenomena. Do not collect imagery when ground is covered by water (flood),
snow, or ice.
• Visibility. The minimum visibility at the time of exposure must be 10 miles or greater.
• Sun Angle. Much of the project area will be collected when the sun angle is not less than 40°. In
areas with tall trees or areas with significant urban development with buildings 3 stories or taller
(such as downtown Bozeman), increase the minimum sun-to-horizon angle to acquire the
photography during the times of minimal shadow.
• Tilt will not exceed four degrees for any photographic frame and will average not more than two
degrees for any ten consecutive frames. Relative tilt exceeding six degrees between any two
successive frames may be cause for rejecting that portion of the flight lines.
• Crab angle as measured from the average line of flight will not exceed five degrees. The course-
heading differential between any two successive exposures will not exceed five degrees.
• Forward overlap will be at least 55 percent between consecutive exposures. The average sidelap
will be at least 20 percent.
o Image Quality/Radiometry
• There shall be no areas of an orthophoto where the process was incomplete due to image gaps or
lack of data.
• All digital orthophotos shall be radiometrically adjusted as necessary so that adjacent digital
orthophotos can be displayed simultaneously without an obvious visual edge seam between
them. Localized adjustment of the brightness values shall be performed to minimize tonal
differences between the join areas. For this adjustment, the orthophoto judged by visual
inspection to have the better contrast shall be used as the reference orthophoto. Localized
brightness values of the adjacent orthophoto shall be adjusted to that of the reference
orthophoto. When possible and feasible, the area adjusted should be bounded by a tonal break
ground feature such as a road, field line, shadow line, etc. The radiometric adjustment should not
compromise the accuracy, clarity, or resolution of the orthophoto.
• Prior to undertaking full digital orthophoto production, the Consultant shall furnish the City with
sample digital images to evaluate and accept as examples of overall image quality. The City will
select one image, which will become the standard to which all subsequent digital orthophotos will
be compared for acceptance/rejection relative to image quality.
• In the case of an unexpected wildfire that prohibits the contractor from procuring imagery that
achieves a quality required by the City, the City may cancel, suspend or delay image acquisition.
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Control:
All horizontal and vertical control necessary to provide the deliverables requested in the proposal; digital
orthoimagery, and planimetrics meeting the standards specified herein shall be completed by the
Consultant.
Ground control must be adequate to support the accuracy specifications identified herein. Some existing
vertical and horizontal control may be available for this area. The Consultant shall review all horizontal
and vertical control for accuracy and completeness.
If the existing control is not deemed sufficient, then the Consultant shall describe any additional control
work necessary to provide a DTM meeting the specified standards. The Consultant shall provide in the
proposal, a draft control plan. The City will not perform any surveying for this project.
Any survey work performed by the Consultant shall be done in conformance with Montana survey laws,
regulations and administrative rules.
For survey control work performed by the Consultant (or sub-Consultants) the following requirements will
pertain:
A brief survey control report in PDF and/or other digital format shall be delivered that contains:
• One digital copy of the control diagram (the survey network scheme).
• One copy of all field notes, horizontal and vertical computations, and control network
adjustments, with the connections to the National Spatial Reference System shall be clearly
shown.
• A digital copy of the new control points established to control the photogrammetry with all
observations and ties, a point description, digital photograph of the monument and the control
point location context, and coordinate values in geographic coordinates and in both UTM Zone
12 NAD83 (2011) meters, NAVD88 meters and Montana State Plane NAD83 (2011) meters,
NAVD88 meters.
• Survey party personnel, equipment, software, and procedures used.
Deliverables:
The respondent shall submit a delivery schedule.
The Consultant shall deliver to the City for acceptance the following items:
1) Flight Plan and Logs: The flight plan shall be distributed to and approved by the City prior to
acquisition.
1. Project flight lines on a map displaying the project area and distributed as a feature class or
Shapefile suitable for inclusion in ESRI ArcGIS software. Flight lines shall include flight line
numbers within the feature attribution, and metadata shall describe the software used to
generate the flight plan.
2. Approximate number of exposures for the intended coverage area.
3. Image centers of each exposure with date and time of acquired photo included. The data shall
be distributed as a feature class or Shapefile suitable for inclusion in ESRI ArcGIS software.
4. Upon completion of acquisition the Contractor shall provide a collection report summarizing
the flight and logs.
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2) Calibration Reports: Camera and digital sensor calibration reports along with a product
characterization report validating USGS Digital Aerial Type standards shall be provided.
3) Survey Control Report: The following information shall be provided in a final survey report.
1. Positional AGPS data and a statistical summary of the AGPS adjustment results.
2. IMS sensor orientation and a statistical summary describing the overall accuracy of adjusted
IMU data.
3. Differentially corrected GPS ground control data used to supplement the AGPS data and a
narrative describing all aspects of the ground survey including locations and extent of the
network.
4. The results and analysis of the constrained least squares adjustment, tables summarizing GPS
misclosures, and a description of equipment and software used.
4) Aerial Triangulation Report: An aerial triangulation report shall be provided upon completion of all
adjustments. This report shall include,
1. An executive summary of the Aerotriangulation solution and its results.
2. A detailed narrative of the adjustment process and quality checks for accuracy.
3. A description of the software and equipment used to perform the adjustments.
4. A listing of the final adjusted coordinates in a spreadsheet or format agreed upon during
contract negotiations.
5) Digital Orthoimagery Images:
1. 1”=50’ map scale (i.e., 1”=300’ photo scale), 12” pixel, 4-band (RGB and NIR), true color,
orthorectified digital imagery.
2. Seamless mosaic at 1-foot (Optional: 0.5-foot) pixel resolution.
3. Edge-matched, non-overlapping tiles based on the tile scheme provided by the City and shall
register to the existing City orthophotography database.
4. Images with edge artifacts, mismatch, or voids will be rejected.
5. Breaklines used to correct bridge and overpass distortion shall be provided in a feature class
or Shapefile suitable for inclusion in ESRI ArcGIS software.
6) Land Cover Dataset: A Land Cover dataset derived from the imagery flown as part of this Scope of
Work delivered in both vector and raster formats suitable for inclusion in ESRI ArcGIS software.
a. Land Cover will be derived using National Land Cover Data Standards and Classifications as
found on the Multi-Resolution Land Characteristics Consortium website (Attachment 2).
b. Vector layers will include a field to identify accuracy of the record.
c. Vector layers will be clipped using the current City parcel layer provided at the time of
processing and a field calculate completed for area (in feet).
d. Land Cover data will be provided in both raster and vector formats. Both formats will be in
UTM Zone 12 NAD83 (2011) meters, NAVD88 meters and Montana State Plane NAD83 (2011)
meters, NAVD88 meters.
7) Turf Layer: A separate classification “TURF” dataset derived from the imagery flown as part of this
Scope of Work to be delivered in raster and vector formats suitable for inclusion in ESRI ArcGIS
Software.
a. Turf Grass (TURF) = Low vegetation associated with residential, commercial, industrial, and
recreational areas that is assumed to be altered through compaction, removal of organic
material, and/or fertilization. These include low vegetation lands within small, developed
parcels (≤ 5 acres with ≥ 55 m2 of impervious cover), recreational fields, and other turf-
dominated land uses (e.g., cemeteries, shopping centers, golf courses, airports, hospitals,
amusement parks, etc.).
b. Vector layer will include a field to identify accuracy of the record.
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c. All records will have a greater than 65% accuracy with 80% of records having an accuracy of
85% or higher.
d. Vector layers will be clipped using the current City parcel layer provided at the time of
processing and a field calculate completed for area (in square feet).
8) Progress Reports: Progress reports shall be provided by e-mail on a weekly basis for aerial
photography acquisition until delivery of the pilot project, and bi-weekly thereafter until the project
is complete. These informal reports shall consist of a summary of production status, major activities
completed during the most recent reporting period, description of issues and corrections, and
associated status maps or acquired flight lines.
9) Metadata: Complete FGDC-compliant metadata shall be provided for all data in an XML format. The
metadata shall provide a complete description of identification, data quality, spatial data
organization, spatial reference, and entity and attribute information. The metadata for orthorectified
imagery shall also include acquisition dates.
10) Project Report: A final project report summarizing the flight acquisition, orthorectification process
and data collection, quality control and assurance, and deliverables provided shall be provided upon
completion of the project. This report shall include a detailed narrative of the analysis, accuracy
assessment, and validation of all deliverables.
All final data shall become sole property of the City with no restrictions on use or dissemination.
Final deliverables will be stored in the City’s ArcGIS SQL database and will be made available to internal
and external customers through various client applications and downloadable data files.
All data shall be delivered in both UTM Zone 12 NAD83 (2011) meters, NAVD88 meters and Montana State
Plane NAD83 (2011) meters, NAVD88 meters. For more information on the National Adjustment of 2011,
please visit the following website: http://www.ngs.noaa.gov/web/surveys/NA2011/.
Respondents shall indicate in their proposal a description of the internal quality control processes they
will utilize throughout the various phases of the project to assure that the contract deliverables will be
acceptable. The Consultant may provide forms, flow charts, or other materials to document the quality
control process.
The City retains the sole right to determine contract adherence to quality control requirements. Judgment
that the Consultant is in breach of the quality control requirements may require suspension of any phase
of the contract until such time as the City can determine that such problem(s) have been remedied.
IV. PROPOSAL REQUIREMENTS
Firms interested in providing the services described above are requested to submit the following
information. Responses to each item should appear in the same order as in this RFP and should identify
the item to which the responses applies.
a) Executive Summary
And executive summary that provides a high level review of the proposed proposal
b) Firm/Inidvidual Profile
Consultant’s legal name, address, telephone number, website (if any), and email address
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c) Description of Proposed Solution
A narrative describing the Consultant’s proposed approach to provide digital orthoimagery for
the greater Bozeman area.
d) Scope of Project
A summary of the proposed products or documents that will be provided at the completion of
this project
e) Related Experience with Projects Similar to the Scope of Services
Descriptions of similar projects completed.
f) Statement of Qualifications
Include the Consultant’s professional credentials, experience, and qualifications in providing the
Scope of Services stated in this Request for Proposal.
g) References
List of no more than three municipal organizations you have worked for and whom we may
contact for recommendations.
h) Present and Projected Workloads
A description of the firm’s current work activities and how these would be coordinated with the
project, as well as specific current workloads of the project team members.
i) Key Personnel
Identify each principal of the firm and other key personnel who will be professionally associated
with this contract. Describe their respective areas of expertise and contract role. Include
personalized resumes, which identify the qualifications, training, and experience of each key
personnel.
j) Additional Information
Submit any other additional information, which would assist the City of Bozeman in the
evaluation of the proposal. The City of Bozeman reserves the right to make any investigation
and solicit additional information or submittals as it deems necessary to determine the ability of
any Consultant to perform the Scope of Services stated within this Request for Proposals.
k) Affirmation of Nondiscrimination & Equal Pay (see Attachment B)
Non-completion of the Affirmation of Nondiscrimination is cause for disqualification of firms.
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V. TIMELINES, DELIVERY DEADLINE, AND INSTRUCTIONS
EVENT DATE/TIME
Publication dates of RFP April 15, 2023
April 22, 2023
April 29, 2023
Deadline for receipt of proposals May 15, 2023
Evaluation of proposals May 23-24, 2023
Notice of Interviews June 1, 2023
Interviews (if necessary) June 8, 2023
Selection of consultants June 15, 2023
With the exception of the advertising dates and advertised due date, the City reserves the right
to modify the above timeline.
Deliver RFPs via email to the City Clerk (agenda@bozeman.net) by May 15 at 3:00 p.m. MST. It
is the sole responsibility of the proposing party to ensure that proposals are received prior to
the closing time as late submittals will not be accepted and will be returned unopened.
All proposals must be provided as a single, searchable PDF document file and be submitted
digitally as an email attachment to the RFP Recipient email address agenda@bozeman.net.
Respondents are advised that Recipient’s email attachment size limit is 25MB and that only one
PDF file will be allowed per response. The subject line of the transmittal email shall clearly
identify the RFP title, company name and due date/time. File sizes greater than 25MB in size
may be uploaded upon special arrangement of the Recipient; however, it is the respondent’s
sole responsibility to ensure the file upload is completed, and that the Recipient is separately
notified via email of same, prior to the given deadline.
VI. AMENDMENTS TO SOLICITATION
Any interpretation or correction of this request will be published on the City’s webpage. The
deadline for questions related to this document is [3:00 p.m.] MST on [May 2, 2022].
VII. CONTACT INFORMATION
Any administrative questions regarding proposal procedures should be directed to: Mike Maas,
City Clerk, (406) 582-2321, agenda@bozeman.net.
Questions relating to scope of services should be directed to: Gail Jorgenson, GIS Program
Manager, (406) 582-2972, gjorgenson@bozeman.net.
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VIII. SELECTION PROCEDURE
A review committee will evaluate all responses to the RFP that meet the submittal requirements
and deadline. Submittals that do not meet the requirement or deadline will not be considered.
The review committee will rank the proposals and may arrange interviews with the finalist(s) prior
to selection. Selection may be made directly based on the written RFP submission.
If interviews occur, the selection of finalists to be interviewed will be made by a selection
committee representing the City of Bozeman. The selection of interview candidates will be based
on an evaluation of the written responses to the RFPs.
All submitted proposals must be complete and contain the information required as stated in the
"Request for Proposals.”
IX. SELECTION CRITERIA
Proposals will be evaluated on the following criteria and the requirements of MCA 18-8-204 et seq.
• The Consultant’s specific project approach and understanding;
• Qualifications of professional personnel to be assigned to the project;
• Capability to meet project time and budget requirements;
• Location of the Consultant in relation to project;
• Present and projected workloads;
• Related experience on similar projects;
• Recent and current work for the City.
X. FORM OF AGREEMENT
The Contractor will be required to enter into a contract with the City in substantially the same form
as the professional services agreement attached as Attachment C.
XI. CITY RESERVATION OF RIGHTS / LIABILITY WAIVER
All proposals submitted in response to this RFP become the property of the City and public
records and, as such, may be subject to public review.
A SUBMISSION IN RESPONSE TO THIS REQUEST FOR QUALIFICATIONS CONFERS NO RIGHTS
UPON ANY RESPONDENTS AND SHALL NOT OBLIGATE THE CITY IN ANY MANNER
WHATSOEVER. THE CITY RESERVES THE RIGHT TO MAKE NO AWARD AND TO SOLICIT
ADDITIONAL REQUEST FOR QUALIFICATIONS AT A LATER DATE.
A. This RFP may be canceled or any or all responses may be rejected in whole or in part, as
specified herein, when it is in the best interests of the City. If the City cancels or revises
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this RFP, all Respondents who submitted will be notified using email.
B. The City reserves the right to accept or reject any and all proposals; to add or delete
items and/or quantities; to amend the RFP; to waive any minor irregularities,
informalities, or failure to conform to the RFP; to extend the deadline for submitting
proposals; to postpone award for up to 60 days; to award one or more contracts, by
item or task, or groups of items or tasks, if so provided in the RFP and if multiple awards
or phases are determined by the City to be in the public interest.
C. The City of Bozeman reserves the right to reject the proposal of any person/firm who
previously failed to perform properly to the satisfaction of the City of Bozeman, or
complete on time agreements of similar nature, or to reject the proposal of any
person/firm who is not in a position to perform such an agreement satisfactorily as
determined by the City of Bozeman.
D. The City of Bozeman reserves the right to determine the best qualified Contractor and
negotiate a final scope of service and cost, negotiate a contract with another Contractor
if an agreement cannot be reached with the first selected Contractor, or reject all
proposals.
E. The professional services contract between the City of Bozeman and the successful
Contractor will incorporate the Contractor's scope of service and work schedule as part
of the agreement (see Attachment C for form of professional services agreement. The
professional services agreement presented to the Contractor may differ from this form
as appropriate for the scope of services).
F. This RFP does not commit the City to award a contract. The City assumes no liability or
responsibility for costs incurred by firms in responding to this request for proposals or
request for interviews, additional data, or other information with respect to the
selection process, prior to the issuance of an agreement, contract or purchase order.
The Contractor, by submitting a response to this RFP, waives all right to protest or
seek any legal remedies whatsoever regarding any aspect of this RFP.
G. The City reserves the right to cancel, in part or in its entirety, this RFP including, but not
limited to: selection procedures, submittal date, and submittal requirements. If the City
cancels or revises this RFP, all Contractors who submitted proposals will be notified
using email.
H. Projects under any contract are subject to the availability of funds.
XII. NONDISCRIMINATION AND EQUAL PAY POLICY
The City of Bozeman requires each entity submitting under this notice shall affirm, on a
separate form provided, that it will not discriminate on the basis of race, color, religion,
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creed, sex, age, marital status, national origin, or because of actual or perceived sexual
orientation, sexual preference, gender identity, or disability in fulfillment of a contract
entered into for the services identified herein and that this prohibition on discrimination
shall apply to the hiring and treatment of the submitting entity’s employees and to all
subcontracts it enters into in the fulfillment of the services identified herein. Failure to
comply with this requirement shall be cause for the submittal to be deemed
nonresponsive.
The City also requires each entity submitting under this notice shall affirm it will abide
by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act),
and has visited the State of Montana Equal Pay for Equal Work “best practices” website,
https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices
publication and has read the material.
XIII. MISCELLANEOUS
A. No Oral Agreements. No conversations or oral agreements with any officer, employee, or
agent of the City shall affect or modify any term of this solicitation. Oral communications
or any written/email communication between any person and City officer, employee or
agent shall not be considered binding.
B. No Partnership/Business Organization. Nothing in this solicitation or in any subsequent
agreement, or any other contract entered into as a result of this solicitation, shall
constitute, create, give rise to or otherwise be recognized as a partnership or formal
business organization of any kind between or among the respondent and the City.
C. Employment Restriction and Indemnity. No person who is an owner, officer,
employee, contractor, or consultant of a respondent shall be an officer or employee of
the City. No rights of the City’s retirement or personnel rules accrue to a respondent,
its officers, employees, contractors, or consultants. Respondents shall have the
responsibility of all salaries, wages, bonuses, retirement, withholdings, worker’s
compensation and occupational disease compensation, insurance, unemployment
compensation other benefits and taxes and premiums appurtenant thereto concerning
its officers, employees, contractors, and consultants. Each Respondent shall save and
hold the City harmless with respect to any and all claims for payment, compensation,
salary, wages, bonuses, retirement, withholdings, worker’s compensation and
occupational disease compensation, insurance, unemployment compensation other
benefits and taxes and premiums in any way related to each respondent’s officers,
employees, contractors and consultants.
D. Accessibility. Upon reasonable notice, the City will provide assistance for those persons
with sensory impairments. For further information please contact the ADA Coordinator
Mike Gray at 406-582-3232 or the City’s TTY line at 406-582-2301.
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E. Procurement. When discrepancies occur between words and figures in this solicitation,
the words shall govern. No responsibility shall attach to a City employee for the
premature opening of an RFP not properly addressed and identified in accordance with
these documents.
F. Governing Law. This solicitation and any disputes arising hereunder or under any future
agreement shall be governed and construed and enforced in accordance with the laws
of the State of Montana, without reference to principles of choice or conflicts of laws.
XIV. ATTACHMENTS
The following exhibits are incorporated in this RFP:
Attachment 1: Non-Discrimination Affirmation
Attachment 2: National Land Cover Data Standards and Classifications
Attachment 3: 2023 (FY24) Bozeman Landcover Acquisition Flight Boundary
Attachment 4: Professional Services Agreement
END OF RFP
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Attachment 1
NONDISCRIMINATION AND EQUAL PAY AFFIRMATION
____________________________________(name of entity submitting) hereby affirms it will
not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national
origin, or because of actual or perceived sexual orientation, gender identity or disability and
acknowledges and understands the eventual contract will contain a provision prohibiting
discrimination as described above and this prohibition on discrimination shall apply to the
hiring and treatments or proposer’s employees and to all subcontracts.
In addition, ____________________________________(name of entity submitting) hereby
affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana
Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work “best practices”
website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices
publication and has read the material.
______________________________________
Name and title of person authorized to sign on behalf of submitter
32
National Land Cover Database Class Legend and Description
Class\ Value Classification Description
Water
11 Open Water- areas of open water, generally with less than 25% cover of vegetation
or soil.
12 Perennial Ice/Snow- areas characterized by a perennial cover of ice and/or snow,
generally greater than 25% of total cover.
Developed
21 Developed, Open Space- areas with a mixture of some constructed materials, but
mostly vegetation in the form of lawn grasses. Impervious surfaces account for less
than 20% of total cover. These areas most commonly include large-lot single-family
housing units, parks, golf courses, and vegetation planted in developed settings for
recreation, erosion control, or aesthetic purposes.
22 Developed, Low Intensity- areas with a mixture of constructed materials and
vegetation. Impervious surfaces account for 20% to 49% percent of total cover.
These areas most commonly include single-family housing units.
23 Developed, Medium Intensity -areas with a mixture of constructed materials and
vegetation. Impervious surfaces account for 50% to 79% of the total cover. These
areas most commonly include single-family housing units.
24 Developed High Intensity-highly developed areas where people reside or work in
high numbers. Examples include apartment complexes, row houses and
commercial/industrial. Impervious surfaces account for 80% to 100% of the total
cover.
Barren
31 Barren Land (Rock/Sand/Clay) - areas of bedrock, desert pavement, scarps, talus,
slides, volcanic material, glacial debris, sand dunes, strip mines, gravel pits and other
accumulations of earthen material. Generally, vegetation accounts for less than 15%
of total cover.
Forest
41 Deciduous Forest- areas dominated by trees generally greater than 5 meters tall,
and greater than 20% of total vegetation cover. More than 75% of the tree species
shed foliage simultaneously in response to seasonal change.
42 Evergreen Forest- areas dominated by trees generally greater than 5 meters tall,
and greater than 20% of total vegetation cover. More than 75% of the tree species
maintain their leaves all year. Canopy is never without green foliage.
Attachment 2
33
43 Mixed Forest- areas dominated by trees generally greater than 5 meters tall, and
greater than 20% of total vegetation cover. Neither deciduous nor evergreen species
are greater than 75% of total tree cover.
Shrubland
51 Dwarf Scrub- Alaska only areas dominated by shrubs less than 20 centimeters tall
with shrub canopy typically greater than 20% of total vegetation. This type is often
co-associated with grasses, sedges, herbs, and non-vascular vegetation.
52 Shrub/Scrub- areas dominated by shrubs; less than 5 meters tall with shrub canopy
typically greater than 20% of total vegetation. This class includes true shrubs, young
trees in an early successional stage or trees stunted from environmental conditions.
Herbaceous
71 Grassland/Herbaceous- areas dominated by gramanoid or herbaceous vegetation,
generally greater than 80% of total vegetation. These areas are not subject to
intensive management such as tilling, but can be utilized for grazing.
72 Sedge/Herbaceous- Alaska only areas dominated by sedges and forbs, generally
greater than 80% of total vegetation. This type can occur with significant other
grasses or other grass like plants, and includes sedge tundra, and sedge tussock
tundra.
73 Lichens- Alaska only areas dominated by fruticose or foliose lichens generally
greater than 80% of total vegetation.
74 Moss- Alaska only areas dominated by mosses, generally greater than 80% of total
vegetation.
Planted/Cultivated
81 Pasture/Hay-areas of grasses, legumes, or grass-legume mixtures planted for
livestock grazing or the production of seed or hay crops, typically on a perennial
cycle. Pasture/hay vegetation accounts for greater than 20% of total vegetation.
82 Cultivated Crops -areas used for the production of annual crops, such as corn,
soybeans, vegetables, tobacco, and cotton, and also perennial woody crops such as
orchards and vineyards. Crop vegetation accounts for greater than 20% of total
vegetation. This class also includes all land being actively tilled.
Wetlands
90 Woody Wetlands- areas where forest or shrubland vegetation accounts for greater
than 20% of vegetative cover and the soil or substrate is periodically saturated with
or covered with water.
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95 Emergent Herbaceous Wetlands- Areas where perennial herbaceous vegetation
accounts for greater than 80% of vegetative cover and the soil or substrate is
periodically saturated with or covered with water.
35
1 0 10.5 Mile
¯2023 Bozeman Landcover Acquisition
Flight Boundary
Attachment 3
Esri, NASA,
NGA, USGS,
Bozeman GIS,
Montana State
Library, Esri,
36
Attachment 4
Professional Services Agreement for Landcover and Turf Data Acquisition FY 2024
Page 1 of 11
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 202__
(“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing
municipal corporation organized and existing under its Charter and the laws of the State of Montana,
121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT
59771, hereinafter referred to as “City,” and, ____________, _______________, hereinafter referred
to as “Contractor.” The City and Contractor may be referred to individually as “Party” and
collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit A and by this reference made
a part hereof.
2. Scope of Services: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services. For conflicts between this Agreement and
the Scope of Services, unless specifically provided otherwise, the Agreement governs.
3. Payment: City agrees to pay Contractor the amount specified in the Scope of
Services. Any alteration or deviation from the described services that involves additional costs above
the Agreement amount will be performed by Contractor after written request by the City, and will
become an additional charge over and above the amount listed in the Scope of Services. The City
must agree in writing upon any additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
37
Attachment 4
Professional Services Agreement for Landcover and Turf Data Acquisition FY 2024
Page 2 of 11
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.
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
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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
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
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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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The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
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in progress.
c. In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of the
Notice of Termination for City’s Convenience.
d. The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature arising, or claimed to have arisen, as a result of the termination.
10. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be Gail Jorgenson, GIS Program Manager or such other individual as City
shall designate in writing. Whenever approval or authorization from or communication or
submission to City is required by this Agreement, such communication or submission shall be
directed to the City’s Representative and approvals or authorizations shall be issued only by
such Representative; provided, however, that in exigent circumstances when City’s
Representative is not available, Contractor may direct its communication or submission to
other designated City personnel or agents as designated by the City in writing and may receive
approvals or authorization from such persons.
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b. Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be _____________________ or such other individual as
Contractor shall designate in writing. Whenever direction to or communication with
Contractor is required by this Agreement, such direction or communication shall be directed
to Contractor’s Representative; provided, however, that in exigent circumstances when
Contractor’s Representative is not available, City may direct its direction or communication
to other designated Contractor personnel or agents.
c. Notices: All notices required by this Agreement shall be in writing and shall
be provided to the Representatives named in this Section. Notices shall be deemed given
when delivered, if delivered by courier to Party’s address shown above during normal business
hours of the recipient; or when sent, if sent by email or fax (with a successful transmission
report) to the email address or fax number provided by the Party’s Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
13 Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
not refuse employment to a person, bar a person from employment, or discriminate against a person
in compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity, physical or mental disability, except when the reasonable demands of the position
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require an age, physical or mental disability, marital status or sex distinction. The Contractor shall
be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
16. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
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compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
18. Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist
in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable, the
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balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
30. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, and MCA.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA ____________________________________
CONTRACTOR (Type Name Above)
By________________________________ By__________________________________
Jeff Mihelich, City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
47
www.AyresAssociates.com
Ingenuity, Integrity, and Intelligence.
City of Bozeman
May 15, 2023
Land Cover Dataset
and Turf Layer
48
608.443.1200 | 5201 E. Terrace Drive, Suite 200 | Madison, WI 53718
www.AyresAssociates.com
May 15, 2023
Mike Maas, City Clerk
Gail Jorgenson, GIS Program Manager
City of Bozeman
121 N. Rouse Ave., Suite 202
Bozeman, MT 59715
Re: Land Cover Dataset and Turf Layer
Dear Mr. Maas, Mrs. Jorgenson, and Selection Committee members:
Ayres is pleased to provide this proposal for aerial digital orthoimagery, land cover, and turf classification services. Ayres has a
long history of services to counties and municipalities throughout the country and looks forward to bringing our expertise and
experience to the City of Bozeman. Ayres has a proven track record of providing high-quality aerial imagery and mapping in the
Western U.S., and we hope this proposal exemplifies our unrivaled approach to your important project.
We bring an experienced team of professional land surveyors, geographers, remote sensing experts, project managers, and
engineers who are accustomed to completing complex, large-scale aerial mapping projects around the country. Our proven
track record of successful aerial mapping projects, completed on time and on budget, has been a platform for our success
in this industry over the past 45 years. Our approach to developing high-accuracy imagery and mapping products is cost-
effective and supports expedited production schedules. For your project we plan to have Aerial Surveys International, LLC
(ASI) as our flight partner and KLJ Engineering and Planning as our survey partner. For the land cover dataset and the turf
layer classification, we have partnered with Spatial Informatics Group (SIG), who has an extensive portfolio of land cover
classification projects all over the world. We understand that the City of Bozeman is interested in acquiring updated, leaf-on
aerial imagery and a high resolution land cover and turf classification for the 78.7 square mile City planning boundary. We
understand the importance of meeting the needs of multiple departments when designing cost-effective solutions, and we’ll
certainly do the same for the City.
It’s important to note that all the work we do for this project will occur within the United States. Our team of talented survey
staff, orthoimagery technicians, remote sensing specialists and mapping specialists have completed thousands of square miles
of orthoimagery processing and remote sensing mapping in the past couple of years. We believe our dynamic, client-focused
approach will result in a successful land cover and turf layer classification project for the City of Bozeman.
We are dedicated to providing the City of Bozeman with high-quality service and custom solutions in imagery, classification
and mapping. Our team can provide the full complement of expertise needed for your project and will take the time to consult
with you to ensure the best approach is taken, not only for this project but with your overall goals in mind. When we are done,
we will meet with your staff to walk through the data to answer your questions and ensure you hit the ground running.
Completing projects means more than just delivering final products. We are committed to understanding your spatial data
needs and hope to further discuss how we can meet your goals. In the meantime, please contact me if you have questions or
would like additional information.
Sincerely,
Ayres Associates Inc
Tyler Kaebisch
Project Manager – Geospatial Services
Direct: 414.467.8891 I KaebischT@AyresAssociates.com
49
2AYRES | LAND COVER DATASET AND TURF LAYER | CITY OF BOZEMAN
Ingenuity, Integrity, and Intelligence.
Since beginning to provide aerial imagery services
in 1978, Ayres’ Geospatial Division has completed
thousands of projects, from film-based imagery to
rectification of historical imagery to today’s digital
imagery (including data outside the visible spectrum)
with advanced sensors and processing techniques.
Regardless of the medium or content, Ayres’ project
planning and performance are built on two elements:
selecting the best approach for the client’s needs and
problems, and expert understanding and application of
the principles of orthophotography and photogrammetry.
Ayres’ proposed approach relies on both. For example,
meeting your needs includes working within the City’s
budget and schedule requirements; Ayres is comfortable
that we will be able to perform the necessary work for
the budgeted amount and within the City’s time frame.
Furthermore, Ayres will provide effective communication
throughout the life-cycle of the project and will be
available to answer any questions or concerns along the
way.
Project Team
The Ayres team is led by Ayres Associates Inc, a national
engineering and geospatial firm with a large presence in
the Rocky Mountain region. Ayres will serve as the prime
consultant, responsible for project management; direct
communication with City personnel; quality process
definition, tracking, and enforcement; project planning
and scheduling; all imagery processing; and delivery of all
products. Ayres’ project manager will be Tyler Kaebisch,
a geospatial data expert with deep experience in the
western U.S. in both private and public sector work. Tyler
also has extensive previous experience as a remote
sensing specialist for the USDA Forest Service, the US
Bureau of Reclamation, and Minnesota DNR.
KLJ, a national engineering firm with four locations
in Montana, including Bozeman, will serve as our
subconsultant responsible for survey control and aerial
control targeting. They have provided similar services
on other Ayres projects in the past, including projects in
Montana.
Aerial Surveys International (ASI), a Colorado-based firm,
will perform aerial data acquisition. ASI has successfully
completed dozens of acquisition missions for Ayres
throughout the Rocky Mountain region. Their knowledge
of aerial mapping processing, ability to offer a variety of
planes and imagery sensors, and familiarity with working
in the western U.S. makes them an ideal partner for the
Bozeman project.
Spatial Informatics Group (SIG) will be performing the
land cover dataset and turf layer classification. Founded
in California in 1998, SIG is an environmental services
and software development company, with expertise in
GIS and international land cover mapping. SIG’s mission
is to conduct research, develop unique datasets, produce
innovative modeling solutions, and encourage open
science that democratizes decision making locally,
regionally, nationally, and globally.
Project Overview
Ayres proposes to provide 12-inch, or optionally 6-inch
pixel resolution, 4-band digital orthoimagery for the 78.7
square mile project area defined by the City. The imagery
will be collected during the month of August under leaf-
on conditions when the sun angle is at least 45 degrees
above the horizon. Using a minimum sun angle of 45
degrees rather than the RFP’s requirement of 40 degrees
will both improve image quality by reducing shadows
and will save time and money by eliminating the need to
organize flights to have a larger minimum sun angle in
those areas of the city where tall trees or buildings occur.
The imagery will meet National Map Accuracy standards
for 1” = 100’ mapping throughout the project.
To meet these accuracy standards, all survey control will
be established by KLJ, using existing control locations
to the maximum extent possible. KLJ will ensure that all
existing control is still acceptable for use, and will create
new control points if it is not. KLJ will also establish
additional control points as directed by Ayres to meet
the promised accuracy across the entire project area.
In addition, KLJ will establish quality check points to
be used to verify the accuracy of the imagery. These
A) EXECUTIVE SUMMARY
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3AYRES | LAND COVER DATASET AND TURF LAYER | CITY OF BOZEMAN
Ingenuity, Integrity, and Intelligence.
check points will be independent and will not be used to
perform aerotriangulation (AT) computations.
ASI will use a Vexcel UltraCam Eagle Mk I digital imagery
sensor. This is a widely used sensor that is capable of
image resolution well beyond that required by the City.
Ayres will be responsible for ensuring the quality of the
imagery acquired and will require reflights for any areas
that do not meet required image quality.
The raw imagery will be orthorectified based on the
control points. After the compliance of the AT solution
has been verified, Ayres’ imagery analysts will review, and
correct as needed, each image for tone balance between
adjacent images and across the project. They will also
perform manual correction of radial displacement of
bridges and overpasses. Tiles using the City’s tiling
scheme will be created from the completed images.
The images will be combined into a seamless
orthomosaic covering the entire project area. The
mosaic will be created at either the original 12-inch
or optionally 6-inch pixel resolution for maximum
quality and accuracy. In addition to the leaf-on newly
collected imagery, SIG will gather ancillary GIS data and
available imagery datasets to configure and execute the
classifications. Land cover and turf layer classifications
will be clipped to the City’s parcel layer.
Aerial imagery acquisition is estimated to commence
in August 2023. A pilot area will be delivered within
45 days of completion of the aerial data acquisition.
Orthoimagery datasets are expected to be ready for
image segmentation and classification by late October.
Image segmentation and classification will occur in
November and December. Orthoimagery deliverables will
be ready by the end of December. Final QC, an accuracy
assessment and all final deliverables will be completed
by end of January 2024.
The full list of proposed deliverables is shown in section
D of this proposal, “Scope of Project.”
“Services from Ayres have been excellent. Every time I’ve had a problem,
they’ve offered solutions for us to look at. A lot of the issues have been
more with our own software, but they’ve given us ideas to look at and
avenues to go down.”
Scott Hand
Supervisor of GIS Services,
Wisconsin Public Service
51
4AYRES | LAND COVER DATASET AND TURF LAYER | CITY OF BOZEMAN
Ingenuity, Integrity, and Intelligence.
Ayres is a nationwide professional consulting firm providing services in
photogrammetry, orthoimagery, lidar, and digital mapping; GIS; survey; civil,
structural, transportation, river, levee, and water resources engineering;
environmental science; planning; mechanical/electrical/plumbing
engineering; and architecture. Incorporated in Eau Claire, Wisconsin, Ayres
now employs over 350 people who provide services from a network of
offices around the country.
Geospatial Services
Ayres’ geospatial services division is based in Madison, Wisconsin. The
geospatial division originated as Alster & Associates Photogrammetric
Engineering (founded in 1951) and merged with Ayres in 1978. The
geospatial division consists of certified photogrammetrists, highly trained
technicians, and project managers, all of whom have formal education
in the discipline of geography. Nationally recognized for our skill and
experience in aerial mapping, land surveying, and GIS, we deliver efficient
and intelligent solutions. Our geospatial division provides a diverse range
of mapping services to clients in the Midwest and around the country:
Aerial lidar
(fixed wing, UAS, and helicopter)
Ground base lidar
(Mobile and HD Scanning)
Aerial imagery acquisition Digital orthoimagery
Planimetric and topographic
mapping
GIS consulting, training, and
development
GPS and conventional survey Remote sensing
Oblique aerial imagery Digital terrain modeling (DTM)
Vendor Contact Information
Company’s Full Legal Name
Ayres Associates Inc
Location of Principal Office
Responsible for Contract
Implementation
5201 E. Terrace Drive, Suite 200
Madison, WI 53718
Website
AyresAssociates.com
Contact Person’s Information
Tyler Kaebisch, GISP
T: 414.467.8891
KaebischT@AyresAssociates.com
Year Established
1959
Type of Ownership
Employee-owned corporation
B) FIRM PROFILE
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5AYRES | LAND COVER DATASET AND TURF LAYER | CITY OF BOZEMAN
Ingenuity, Integrity, and Intelligence.
Production Based in the United States
All of your work will be performed in the United States. Ayres possesses
more than enough resources to accomplish this project with skilled
professionals based in the United States. There remain only a few
geospatial firms that have their entire production staff within the
country; Ayres is proud to be among them. Each member of our team is
dedicated to quality products and services and has a personal stake in the
satisfaction of our clients.
Experienced Staff
Ayres’ geospatial division includes certified photogrammetrists (CP)
and certified mapping specialists (CMS). In addition, all of our mapping
technicians have bachelor’s degrees in the discipline of geography and
also have training in the latest photogrammetric equipment and software.
Qualifications like these result in accurate, quality mapping products that
follow project specifications closely.
Commitment to Quality
We respect our clients and understand that success is earned through
cooperation and understanding the needs of our valued clients. Our
technical and management staff make every effort to listen to clients and
prepare mapping that meets client expectations. These efforts start at the
receipt of the RFP and continue on to final delivery – and beyond.
Project Manager
Our approach to managing your project
begins with a dedication to understanding
your needs and designing solutions that
address them. Too often firms propose
technical approaches that fit the contractor
better than they fit the client. We will commit
ample management resources to the project,
led by Project Manager Tyler Kaebisch.
Tyler is experienced in project management
and has a strong history of involvement in the West with over 14 years of
experience in GIS, remote sensing, and other geospatial disciplines.
As project manager, Tyler will update City of Bozeman personnel
during the course of the project to discuss pertinent project issues as
needed. Additionally, he will participate in weekly internal meetings with
supervisors to assess the status of the project and address key technical
issues, thereby maintaining high standards for product specifications and
keeping the project on track to meet the timeframe agreed upon.
“All staff that
GMRC had contact
with were most
accommodating.
Anything we
needed or asked
for were supplied
without question.”
Faith Jones
Director of Information Services,
Georgia Mountains Regional
Commission
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6AYRES | LAND COVER DATASET AND TURF LAYER | CITY OF BOZEMAN
Ingenuity, Integrity, and Intelligence.
The City of Bozeman, Montana, requires the
development of new leaf-on orthoimagery to derive a
high resolution land cover dataset and turf layer. These
critical datasets will be used for land management,
planning, zoning, and engineering. The aerial imagery will
meet either 12-inch or optionally 6-inch resolution, and
will support the development of the land cover dataset
and turf layer. Datasets will include: land cover, turf
layer, updated ground control survey, orthoimagery, and
reports and metadata.
Our unique approach uses an industry-leading medium
format digital photogrammetric camera (the UltraCam
Eagle). Our approach will focus the collection efforts
when the sun angle is not less than 45 degrees,
throughout the project area, which will ensure minimal
shadows in areas with tall trees or buildings greater than
three stories tall.
We are confident we have a dynamic, well-planned
approach to work with the City to complete your project
successfully. We have carefully estimated the capacity
and resources needed – with a focus on maintaining
the necessary resources to complete the project on
schedule. Please note that all work for the City will
be performed within the United States by the Ayres
team.
Initial Coordination Meeting. Before project initiation,
we propose that Tyler and key staff from the City
participate in a coordination meeting. During this
meeting, we will review and refine the project schedule
and scope, discuss the acquisition conditions and
schedule, and establish a pilot project area.
Quality Assurance and Quality Control Procedures.
Ayres’ quality program defines quality as meeting client
expectations. Therefore, quality performance requires
consensus between the City and project team members
regarding the requirements of the project and design of
project strategies based on those requirements. Ayres’
quality program is dynamic and promotes continual
improvement based on feedback from our clients, from
our own project operations, and from opportunities
created by changing technologies.
Ayres and Tyler Kaebisch are ultimately responsible
for the successful completion of quality products
and services for each project. Tyler establishes the
philosophy, organization, and policy that set Ayres’
quality assurance/quality control (QA/QC) program in
place. Project managers or their designated project QA
officers implement the QA/QC program on individual
projects.
We understand that only through consistent
implementation of quality procedures can we complete
projects to our clients’ satisfaction. Ayres and our partner
ASI have formal, co-developed QA/QC checks in place
and standard operating procedures designed so that
all required information is collected accurately and
that products meet or exceed project standards and
specifications.
Task-Specific QA/QC Procedures. QA/QC procedures
and the supervisors responsible for their implementation
are included in the production phases outlined in this
technical approach. Ayres will work with the City to
develop additional QA/QC procedures tailored to the
participants’ needs during this phase.
Quality Monitoring. A QA/QC team will be assigned
for each aspect of the project and will consist of
photogrammetric, mapping, survey, and GIS specialists.
The QA/QC reviews will include reviews of results and
weekly progress meetings with each project group.
C) PROPOSED SOLUTION
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7AYRES | LAND COVER DATASET AND TURF LAYER | CITY OF BOZEMAN
Ingenuity, Integrity, and Intelligence.
Issues brought to the attention of the project manager
will be addressed immediately. The project manager will
coordinate the subcontractor’s efforts to ensure consistent
results and ensure that all procedures implemented will be
incorporated into QA/QC documentation.
Ground Control Survey
ABGPS. Our primary method of control for the project will
be by ABGPS. All airborne cameras and sensors used for
this project will use highly accurate geodetic-grade ABGPS
systems. Location accuracy of the ABGPS capture points
will range between .02 and .05 meter.
To reduce control costs for the project, Ayres will use a
combination of ground control points and ABGPS control.
Ayres understands that we’ll be responsible for establishing
ground control points for this project. Our survey partner,
KLJ, is well known in the Montana survey community
and has extensive experience with control network and
specifically around Bozeman. With its professional land
surveyor crew based in Bozeman, the firm has local
knowledge to give the ground survey the attention it
deserves.
Upon receiving the previously established control, KLJ will
locate and determine if they are acceptable for use in the
aerial flights.
Each mark will be observed a minimum of two times,
adjusting the height of the instrument to eliminate errors
in measurements to the GPS unit. The static baselines will
be imported in Trimble Business Center for a least square
adjustment constrained to the HARN point coordinates.
The coordinate values of the control will be in UTM Zone
12 and Montana State Plane Coordinates both in meters.
The resultant vectors establish the final coordinates of the
ground control points.
Photo-identifiable Targets. In addition to any established
control points, Ayres will use photo-identifiable ground
control targets; this does not require establishing and
removing panels. Photo-identifiable targets will consist of
easily distinguished ground features such as ends of paint
lines, sidewalk corners, and corners where driveways meet
road edge. The planned survey control layout is seen in the
following image.
Aerial Imagery Acquisition
Ayres and our flight partner in this project, ASI, propose
using the UltraCam Eagle digital mapping camera. This
system is versatile in its design, allowing for maximum
efficiency for medium- and small-scale mapping projects.
Details concerning the imagery acquisition technology for
12-inch or optionally 6-inch mapping projects are provided
below.
Digital Aerial Imagery. The UltraCam sensor supports
aerial photogrammetric missions for the broadest range
of GIS and remote sensing applications. The complete
data acquisition system delivers small scale or large-
scale images with high-quality resolution at engineering-
scale accuracy, capable of supplying images with ground
resolutions of less than 2.5cm. Designed with break-
through technologies, the modular system consists of
state-of-the-art components, centered on frame sensor
technology, to advance all aspects of the digital workflow.
The following are features and benefits associated with
ASI’s UltraCam Eagle and peripheral equipment:• Simultaneous collection of panchromatic, true color
(RGB), and near infrared bands (RGBIR).• Ground resolution of 13,080 pixels along track and
20,010 pixels across track• 12-bit radiometric resolution• FMC forward motion compensation • Gyro-stabilized mount• Applanix 510 POS/AV system with Litton 200 Inertial
Measurement Unit (IMU)• Computer controlled navigation system
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8AYRES | LAND COVER DATASET AND TURF LAYER | CITY OF BOZEMAN
Ingenuity, Integrity, and Intelligence.
Our acquisition partner, ASI, will provide the flight services
associated with this effort. We have worked extensively
with the staff at ASI over the years on projects both large
and small, which will provided a seamless workflow for the
City of Bozeman’s project.
Flight Planning Quality Assurance. Ayres will take
special care in designing an optimal flight plan that will
achieve maximum coverage and efficiency for the 12-inch
or optionally 6-inch orthoimagery. Upon notice to proceed,
Ayres will present the flight plan to the City of Bozeman
prior to any flights. For reference, the 12-inch imagery flight
plan is shown in the following image.
Conditions During Acquisition. The imagery will
be collected during leaf-on, snow-free conditions.
Photography will not be taken when the ground is
obscured by snow, haze, fog, dust, or cloud shadows in any
one photo.
Acquisition Date. Imagery will be flown when deciduous
foliage is under leaf-on conditions. The target flight window
will be between August 1 and August 31, 2023, or as
weather permits.
Sun Angle. The sun angle for all flights will be at least 45
degrees above horizon.
Stereoscopic Coverage. The entire area of the project will
be stereoscopically covered by successive and adjacent
overlaps of photographs within the usable portion of the
field of the lens.
Four Band Imagery. The UltraCam Eagle collects imagery
in the standard three RGB color bands, as well as a fourth
band for near infrared. Ayres will provide the City with
all four-color bands at no additional cost. The four band
imagery will provide additional spectral information, which
will be utilized in the segmentation and classification of the
land cover dataset and turf layer.
Crab. Average crab for any flight line will not exceed 3
degrees. Crab will not exceed 3 degrees between any two
consecutive flights.
Tilt. Imagery collected with the optical axis of the aerial
sensor in a vertical position is desired. Tilt is angular
departure of the aerial sensor axis from a vertical line at the
instant of exposure. Tilt will not average more than 1 degree
for the entire project.
End Lap/Side Lap. The end lap will average not less than
55% or more than 65%. End lap of less than 55% or more
than 65% in one or more images will be cause for rejection.
The side lap will average 30%. Any image having side lap
less than 25% or more than 35% will be rejected.
Reflights. Lack of acceptable imagery will be corrected by
reflights, with no additional cost to the City. All reflights will
be centered on the plotted flight lines and will be taken
with the same camera system.
Image Review. Immediately upon completion of the
acquisition, the imagery will be forwarded for inspection
to our digital orthoimagery supervisor, Aaron Sale. Once
we confirm successful acquisition and image quality, the
City will be notified. If any imagery does not meet the
acceptance criteria, a reflight will be scheduled and the
City notified.
Digital Orthophotography Production
As imagery collection missions are completed,
orthoimagery production will begin. Ayres has significant
digital orthoimagery production capability and capacity.
We invest heavily in our staff and hardware. Our production
methodology is specifically designed to consistently
produce high-quality products.
Specialists at Ayres will be responsible for all orthoimagery
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9AYRES | LAND COVER DATASET AND TURF LAYER | CITY OF BOZEMAN
Ingenuity, Integrity, and Intelligence.
production components of the project. Advancements in
production software and our investments in infrastructure
favor an increasingly aggressive schedule for the upcoming
project; we are committed to meeting the City’s schedule
expectations for this project.
Ayres has trained and experienced staff running fully
equipped Z/I Imaging digital workstations, NT orthoimagery
workstations, and dedicated image editing stations.
We’ve designed our complementary production
methodologies to facilitate a completely digital workflow
using all Z/I hardware and software environments, resulting
in a consistent approach to orthoimagery production and a
high-quality product.
Analytical Aerotriangulation (AT). To maintain an
aggressive schedule, it will be critical to prepare for AT
immediately upon the successful completion of each
imagery mission. This is the first step in the orthoimagery
production process and must be completed efficiently
for the rest of the ortho process to proceed on schedule.
Planning for sufficient capacity in this area is critical to the
project.
Several important factors will contribute to the efficient
AT processing under our approach. The first is the use of
ABGPS and IMU data, which provide image orientation
information to streamline AT production. The orientation
data significantly reduces processing time and allows us to
process large blocks of image data at a rapid rate.
AT Solution. Although orientation data will be supplied
from the IMU, we will still complete an AT solution to verify
the ABGPS and IMU data. We will prepare the AT solution
on a Z/I Imaging digital photogrammetric workstation using
Z/I Imaging ISAT software. ISAT offers a complete softcopy
aerotriangulation software suite that includes interior
orientation, point mensuration, relative orientation, and a
fully analytical simultaneous least squares adjustment with
robust error detection. ISAT incorporates the capability to
weigh control points on an individual basis and to correct for
image deformation, atmospheric refraction, earth curvature,
and lens distortion.
Aerotriangulation QA/QC. When a block of
aerotriangulation has been completed, all reports and
supporting documentation will be examined for compliance
with project specifications. This testing will include, at a
minimum, the following:• Inspect ABGPS positions against AT-derived exposure
coordinates• Compare AT-derived coordinates of independent QA
points against ground survey• Inspect measurements, residuals, weights, RMSE in AT
listings• Verify all AT support and measurement files are in
archive• Verify metadata is complete and in proper format
Rectification Type. We will use a cubic convolution
resampling method for all orthoimagery rectification. This
method preserves fine detail better than the common
bilinear algorithm. Our imagery specialist will take extra
caution around overpasses and bridges to ensure the
correct horizontal location of these features holds true.
Tone Balancing. Digital orthoimagery is subject to tonal
imbalances due to several factors, including source
photography (sun angle, illumination, atmospheric
conditions, and date and time of exposure), image
characteristics, and image processing. Our ortho specialists
will not only tonal balance the individual images, but also
will use tonal balancing techniques to the project. This
process will eliminate the flight line effect and individual
photo effect.
Radial Displacement. Our ortho production staff will also
manually correct radial displacement and distortion of
bridges and overpasses through a series of pre-rectification
measures and post-processing edits. A thorough
examination of these features will be conducted during the
interim and final QA/QC checks.
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10AYRES | LAND COVER DATASET AND TURF LAYER | CITY OF BOZEMAN
Ingenuity, Integrity, and Intelligence.
Mosaicking. To achieve consistent tone across the project
area and to address the overlap between tiles, we will
seamlessly mosaic the images. We will select imagery in a
way to use the most advantageous area of each photo to
maximize color, tone, and contrast, and at the same time
reduce building lean and “ghosting,” as well as glare in water
bodies.
Image mosaicking will be accomplished by a combination
of automated tools and manual methods. All seam lines will
be placed manually to eliminate the issues of noticeable
seam lines through buildings, bridges, and other features.
Following the completion of imagery production, a shapefile
of seam line locations will be provided to the City.
We will use manual editing procedures to provide QA/QC
for every tile for visible seam lines in water bodies, warped
bridges, and any anomalies that may affect the accuracy
or aesthetics of the imagery. We will use photogrammetric
software products such as Z/I Imaging’s Digital Ortho-
Production Suite: ImageStation OrthoPro, PixelQue, IRAS/c,
and Digital Image Analyst.
Orthoimagery Tiling Scheme. Ayres will use the City-
provided tiling scheme to deliver edge-matched, non-
overlapping tiles. Should the City want to use a different
scheme for their 2023 project Ayres will work with the City
to accommodate that request.
Digital Orthoimagery Pilot Projects. Early in the imagery
production phase, a pilot area consisting of geo-reference
TIF images can be provided to the City for review and
feedback. We propose further discussion concerning the
best area for review during the project kick-off meeting.
Coordinate System/Datum. All mapping products
associated with this project will be prepared and
delivered in both Montana State Plane NAD83 (2011) meters,
NAVD88 meters and UTM Zone 12 NAD83 (2011) meters, or
another agreed upon coordinate system.
Orthophotography Quality Control
Project manager Tyler Kaebisch will be responsible for
coordinating the final QA/QC of the orthoimagery. Our
highly trained technicians will visually scour the imagery
looking for anomalies or potential errors. If further editing
is needed, a detailed edit call report will be returned to
Ayres to perform corrections as needed. If the data meets
specifications, the orthoimagery will be prepared for the final
battery of checks.
While undergoing the QA/QC, Tyler will work with the City
to develop a check-in process for the imagery and a method
by which edit calls can be recorded. If the City determines
that the data needs further editing, Tyler will determine what
action needs to be taken in the orthoimagery process. The
Ayres team will conduct the following QC procedures:
1. Create an overview of each deliverable and combine
the overviews to inspect overall radiometry, geographic
accuracy, and complete coverage.
2. Orthoimagery QA technicians will perform QC on each
image. QC forms will be submitted with the Project
Planning Manual.
A thorough inspection of every ortho image tile will be
conducted with an evaluation criteria based on: • Seamless geometry • Seamless radiometry • Appropriate dynamic range • Appropriate mean intensity • Appropriate contrast • Detection of data dropouts • Complete coverage • Appropriate resolution • Shadows, clouds, low sun angle • Bridge, overpass distortion
Land Cover Mapping
Object-based image analysis (OBIA) will be used to create
a land cover layer representing 16 classes covering the City
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11AYRES | LAND COVER DATASET AND TURF LAYER | CITY OF BOZEMAN
Ingenuity, Integrity, and Intelligence.
of Bozeman, MT. The land cover classification will follow
National Land Cover Database classification scheme. OBIA
is a semi-automated, feature extraction approach that
involves two processes, segmentation and classification,
to map land cover features on the landscape. The first
process, segmentation, creates homogenous groups of
pixels or image objects that best represent real world
features in the imagery. The second process, classification,
uses the imagery, lidar, and vector data with spectral,
geometric, textural, and spatial context information to label
the image objects as specific classes. The OBIA approach
will leverage the leaf-on imagery acquired as part of this
project and will integrate other raster and vector data
including the 2023 leaf-off imagery, 2018 lidar point cloud
data, and vector data such as zoning, parcels, buildings,
and wetlands.
The 16 classes in the land cover layer will include the
following:• Open water• Perennia Ice/Snow • Developed - open space• Developed - low intensity• Developed - medium intensity• Developed - high intensity• Barren land• Deciduous forest• Evergreen forest• Mixed forest• Shrub/scrub• Grassland /herbaceous• Pasture/hay• Cultivated crops• Woody wetlands• Emergent wetlands
These classes will follow the National Land Cover Data
Standards and Classifications developed by the Multi-
Resolution Land Characteristics Consortium. It is important
to note that four classes, found only in Alaska (Dwarf Scrub,
Sedge/Herbaceous, Lichens, Moss) will not be mapped.
The resulting land cover layers will represent ground
conditions at the time the 2023 leaf-on imagery was
collected and will be clipped to the City’s parcel layer and
delivered as a raster and vector layer, with area calculations
in an ESRI File Geodatabase. The final land cover dataset
will have a 2-foot pixel spatial resolution.
Turf Mapping
The OBIA approach will be adapted to create the turf class
from the land cover layer. Turf will represent low vegetation
within developed parcels and be created by integrating
the developed and grassland classes with the zoning
and parcel layers. The developed classes provide context
for the turf with the zoning layer augmenting land use
information such as residential, commercial, recreational,
and other uses. The parcel layer will provide information for
identifying turf in small, developed parcels. The resulting
turf class will be clipped to the City’s parcel layer and
delivered as a raster and vector layer, with area calculations
in an ESRI File Geodatabase. The final turf layer will have a
2-foot pixel spatial resolution.
Accuracy Assessment
The accuracy of the land cover and turf layers will
incorporate qualitative and quantitative assessments to
ensure the highest quality data are delivered with the
project. An initial qualitative assessment will involve a
full review of the land cover and turf classes to correct
systematic errors and other blunders from the semi-
automated classifications. The quantitative approach
will use a reference dataset that is generated randomly
and manually labeled based on the 2023 aerial imagery.
The reference dataset will be compared to the land
cover and turf classes to calculate overall accuracy and
errors of commission and omission. All classes will have
a greater than 65% accuracy with 80% of records having
an accuracy of 85% or higher per the RFP. The results of
the accuracy assessment will be included with the final
deliverables.
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12AYRES | LAND COVER DATASET AND TURF LAYER | CITY OF BOZEMAN
Ingenuity, Integrity, and Intelligence.
Deliverables• Project plan• Sample imagery for pilot area review• 4-band orthoimages by tile, GeoTIFF format• 4-band ortho mosaic of the entire City, MrSID format• Land cover dataset: 16 classes in raster and vector
format, clipped to City’s parcel layer, stored in an
ESRI File Geodatabase• Turf Layer: Raster and vector format, clipped to City’s
parcel layer, stored in an ESRI File Geodatabase• Reports
Flight plan and logs
Calibration report
Survey control report
Aerial triangulation report
FGDC metadata, .xml format
Weekly progress reports
Final project report• All deliverables will be provided in the following
coordinate system:
UTM Zone 12 NAD83 (2011) meters, NAVD88
meters and Montana State Plane NAD83 (2011)
meters, NAVD88 meters
Ownership
Ayres has always assigned ownership and copyright
to our clients at the completion of a project and fully
intends to do the same with this project.
D) SCOPE OF PROJECT
Schedule
Ayres proposes the following schedule to complete the City’s project successfully. While the RFP outlines a timeline of
final products being delivered 90 days from the aerial flight, the Ayres team proposes to provide deliverables with the
following timeline to ensure proper QA/QC and data quality standards are being met. We are open to adjustments to this
schedule based on input from the City of Bozeman, including expedited delivery of pilot areas and final deliverables.
MILESTONE DATE
Aerial imagery acquisition August 1 to 31, 2023 (as conditions permit)
Ground control survey August 1 to 31, 2023
Acquire ancillary data from Bozeman GIS portal August 2023
Develop and test OBIA approach September 2023
Delivery of orthoimagery pilot area September 30, 2023
Orthoimagery processing September - October 2023
Land Cover Dataset and Turf Layer Classification October - December 2023
Initial delivery of orthoimagery October 15, 2023
City review period - orthoimagery October 15 to 30, 2023
Final delivery of orthoimagery November 15, 2023
Land Cover Dataset and Turf Layer Classification Accuracy Assessment December 2023 - January 2024
Deliverables, metadata, and reporting December 2023 - January 2024
Initial delivery of Land Cover Dataset and Turf Layer January 15, 2024
City review period - Land Cover Dataset and Turf Layer January 15 to 30, 2024
Final delivery of all products Approximately January 31, 2024
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13AYRES | LAND COVER DATASET AND TURF LAYER | CITY OF BOZEMAN
Ingenuity, Integrity, and Intelligence.
Wisconsin Regional Orthoimagery Consortium (WROC)
The Ayres-managed WROC program comprises
a multi-entity group whose goal is to build and
sustain a unique means of acquiring this essential
digital orthoimagery throughout the state. WROC
2020 consisted of more than 100 countywide
and municipal projects supported by numerous
local, state, federal, tribal, and private agency
partnerships. Completed in five-year increments,
WROC 2020 marks the sixth time since 1995 that
a regional consortium in Wisconsin has worked
together in this way, and this year’s program
brought record-level participation and statewide
orthoimagery coverage.
Flights to collect aerial imagery were conducted
over an eight-week period in spring 2020. The
WROC team deployed aircraft equipped with
precision aerial sensors to capture the imagery
after snow had melted and before leaves emerged.
Separate missions were mobilized over some
counties to collect aerial lidar for topographic
mapping.
To facilitate a cooperative approach for
orthoimagery data acquisition, WROC
representatives work with the Wisconsin land
information community to strengthen relationships between local, regional, state, federal, and private entities. The
benefits of a consortium approach, however, should not come at the expense of meeting each member’s specific needs.
To that end, WROC is designed to allow all participants to receive products and services tailored to their individual needs.
With a five-year cycle, WROC 2020 marks the sixth time since 1995 that a major grassroots consortium has worked
together for mutual benefit in Wisconsin. Ayres has been the mapping consultant for each of these efforts, a strong
indicator of our commitment to client service and long-term client satisfaction.
In 2014 and 2015 the WROC team, along with its members
and partners, acquired 35,000 square miles of high-resolution
orthoimagery throughout the state. The current program features a
significant increase in funding support – resulting in higher resolution
datasets for nearly every participant. The increased funding support
has enabled all participants to acquire 6-inch, and even 3-inch pixel
resolution orthoimagery.
E) RELATED EXPERIENCE
Client Information
North Central Wisconsin Regional Planning
Commission
210 McClellan Street, Suite 210
Wausau, WI 54403
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14AYRES | LAND COVER DATASET AND TURF LAYER | CITY OF BOZEMAN
Ingenuity, Integrity, and Intelligence.
Bismark-Mandan MPO Orthoimagery and Lidar, 2020
The Bismarck-Mandan Metropolitan Planning
Organization (MPO) kicked off its partnership
with Ayres in 2009 to collect aerial imagery
and lidar to modernize its base mapping data.
The MPO has since acquired 6-inch imagery
and 1-foot contours derived from lidar in 2013
and 2016. In 2020, Ayres teamed with NV5 to
provide the MPO with higher resolution data
products, including 3-inch pixel orthos and lidar
to support 1-foot contours and high accuracy
surface modeling and change detection.
At Ayres we’re big supporters of both formal
and informal regional organizations banding together for aerial mapping services. Through programs such as this one,
we’re able to facilitate collaboration among organizations in need of similar services, which becomes a mutually beneficial
relationship. This approach is not only extremely cost effective but also
allows for the growth of standardized, high-quality geospatial datasets
across regional borders.
Project Details (March to November 2020):• 395 square miles of high-resolution 3” orthoimagery• 395 square miles of lidar to support 1-foot contours
Idaho Transportation Department Payette
River Highway 21 Bridge Mapping 2019
Ayres acquired 20 ppsm aerial lidar and 3-inch imagery and provided a
digital elevation model (DEM), InRoads digital terrain model (DTM), and
orthoimagery for approximately 1 square mile surrounding the Highway 21
Bridge over the Payette River in Lowman, Idaho.
Client Information
Bismark-Mandan Metropolitan Planning
Organization
221 N. 5th Street
Bismark, ND 58506
Client Information
Idaho Transportation Department
3311 W. State Street
Boise, ID 83707
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15AYRES | LAND COVER DATASET AND TURF LAYER | CITY OF BOZEMAN
Ingenuity, Integrity, and Intelligence.
Schweitzer Mountain Resort Lidar, Orthoimagery, and Planimetric
Mapping 2021
Ayres was retained by Schweitzer Mountain Properties
and construction management agent OAC services of
Seattle to acquire aerial imagery and high density lidar
and to provide survey and mapping of the Schweitzer
Mountain Resort near Sandpoint, Idaho. The 7,000-acre
resort in the rugged Selkirk Mountains of the northern
Idaho panhandle is considered to be one of the best
family-friendly ski resorts in the Pacific Northwest.
This mapping will support the initial planning and design
stages of a 10-year expansion effort for the resort. Ayres
performed the ground control targeting survey and
acquired 3-inch color aerial imagery and high-density 20
ppsm lidar with a simultaneous collection aerial mission
and provided our client with digital orthoimagery including large scale
laminated color wall maps, colorized lidar point clouds, digital elevation
model, contour mapping, and planimetric mapping.
Suburban Chicago GIS Consortium, IL
The Illinois-based GIS Consortium (GISC) represents one of Ayres’ most complex geospatial programs and exemplifies
our background in performing large-scale mapping in urban environments. The GISC is a group of more than 30
communities in the Chicago region that work together to
develop GIS solutions to support a wide range of applications,
including municipal engineering, planning, forestry, and public
safety. Ayres has been providing high-accuracy mapping and
surveying services to member communities since the 1990s.
The GISC continues to work with Ayres year after year; we
recently completed the 2022 mapping projects and are currently
planning for the 2023 data collections and mapping initiatives.
The mapping performed for the GISC is designed primarily
for daily use in municipal engineering. Annual aerial missions
maintain up-to-date base mapping data, consisting of 3-inch resolution orthoimagery, 1” = 50’ scale planimetrics, and
1-foot interval contours derived from high-resolution lidar. Ancillary products have included leaf-on aerial imagery for
urban forestry applications, 3-D modeling of structures, and tall building-lean mitigation in business districts.
Most of the GISC falls within a 10-nautical-mile radius of Chicago’s
O’Hare International Airport. This is one of the most difficult airspace
environments in the United States and presents unique challenges during
each flying season. Ayres has built strong relationships with the Federal
Aviation Administration, Terminal Radar Approach Control Facilities, and
the O’Hare Air Traffic Control Tower. Recurring temporary flight restrictions
add another dimension to security restrictions in the area.
Client Information
OAC
2200 1st Avenue South, Suite 200
Seattle, WA 98134
Client Information
GIS Consortium
188 A Skokie Valley Road
Highland Park, IL 60035
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16AYRES | LAND COVER DATASET AND TURF LAYER | CITY OF BOZEMAN
Ingenuity, Integrity, and Intelligence.
City of Loveland Lidar and Orthoimagery
In the spring of 2021, Ayres was selected to provide lidar
and orthoimagery mapping services for the City of Loveland
located in southeastern Larimer County, Colorado. For this
project, Ayres used a calibrated lidar sensor and digital
photogrammetric camera for a simultaneous collection of
high-density aerial lidar and 3-inch photography to derive
orthoimagery, 1-foot contours, and a detailed surface model.
Lidar and aerial imagery were collected and processed for
70 square miles, which included the City of Loveland Growth
Management Area and the Loveland Water Storage Area.
Quality Level 1 lidar was collected at 8 pulses per square
meter, and the calibrated lidar point cloud supports a bare
earth surface model meeting a vertical accuracy of RMSEz
of <= 10 cm, and NVA of <= 19.6 cm at the 95% confidence
interval for the point cloud and digital elevation model
(DEM). The 3-inch digital orthoimagery meets ASPRS Level 2
horizontal accuracy standards of 0.7 feet RMSE, which equates
to 1.2 feet at the 95% confidence interval according to NSSDA
standards. The calibrated lidar point cloud was classified to
the USGS standardized base classification scheme. A DEM
consisting of bare-earth ground points was also derived to
support the interpolation of 1-foot interval contours to National
Map Accuracy Standards.
Additionally, Ayres complied hydro-flattened breaklines for
ponded water that is two acres or greater and double line streams that are 20-feet in width or greater, which were used in
the creation of the bare earth DEM and contours. Ayres collected all ground control survey points required to complete
this project.
Final deliverables to the City of Loveland included:
Raw and classified lidar point clouds in .Las format
A DEM surface in GeoTIFF format
1-foot contours in Esri file Geodatabase
3-inch color orthoimagery tiles in GeoTIFF and MrSID format
City-wide orthomosaics in GeoTIFF and MrSID format
FGDC-compliant metadata
Survey, control, and vertical accuracy reports
The City again selected Ayres for work last fall using the stereo pairs from
the digital aerial imagery to derive detailed planimetric mapping of the edge
of asphalt for all streets within City of Loveland’s growth management area,
approximately 66 square miles. The planimetric mapping features identified from
the imagery are being mapped to 1” = 50’ scale mapping (1.0 feet RMSE using the
National Standard for Spatial Data Accuracy [NSSDA] testing procedures).
Client Information
City of Loveland
500 E. 3rd Street
Loveland, CO 80537
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Ingenuity, Integrity, and Intelligence.
MDT Bridge Scour Study, Multiple Locations in Montana
This Montana Department of Transportation (MDT)
project was a bridge scour study of 13 different bridge
sites located throughout the state. KLJ worked
with Ayres as a subconsultant providing surveying
and hydrologic analysis support. A hydrological study
of each site included surveying the bridge structure
and river channel both directions for two-thirds of
a mile. Two of the sites along the Yellowstone River
required aerial lidar surveys for the upland areas.
The first site was located in Livingston and the
second near Custer. These locations did not have
publicly available lidar to analyze the upland areas. KLJ laid ground control
points and ground proofing points for each of these locations. For every site
KLJ established MDT approved control points using static bases lines and
network adjustments.
Perma Curves (MT-200) STTP-F 6-1(36)83,
Paradise, MT
This MDT project is the design of a five-mile stretch of Highway 200 along
the Flathead River east of Paradise. The highway traverses a dangerous
corridor between rock cliff faces and the Flathead River. A portion of the
project lies on the Flathead Indian Reservation and includes culturally
sensitive areas to CSKT. The project corridor was flown with a helicopter
enabled with a lidar sensor. Ground control panels were placed along the
corridor. The crews coordinated access to private land to place that targets
and operated GPS base stations during the flight. Cross-sections of the
corridor were used to ground truthing the flights.
Aeronautical Survey and Airport Airspace Analysis,
Laurel, MT
This Aeronautical Survey with Vertical Guidance for an Airport Layout Plan
developed Instrument Procedure Development for the airport serving Laurel,
Montana. Ground survey included establishing control points using GPS
baselines, tie in photogrammetry control features, identify/measure vertical
obstructions, and topographical survey of the runway and air traffic control
apparatus. Using NGS established GPS control points and KLJ established
aerial targets, photogrammetry and lidar was used to yield two-foot contour
intervals. All the survey data was then transferred to AGIS as part of the final
project report.
Client Information
Montana Department of
Transportation
2701 Prospect Avenue
Helena, MT 59620
KLJ PROJECT EXPERIENCE
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18AYRES | LAND COVER DATASET AND TURF LAYER | CITY OF BOZEMAN
Ingenuity, Integrity, and Intelligence.
City of Bozeman Experience (KLJ)
NEURD Roadway Design and Construction Projects, Bozeman, MT – KLJ provided design
and construction of more than 5,000 linear feet of street and utility reconstruction projects
through the City of Bozeman’s Northeast Urban Renewal District (NEURD). The projects consist of complete removal and
replacement of all public sanitary sewer and storm drain systems within the project corridor, removal and replacement
of public water systems, and full-depth reconstruction of new urban street sections. Street reconstruction consisted of
dedicated vehicular travel lanes with on-street parking, as well as shared-use travel lanes and dedicated bike lanes, traffic
calming elements consisting of intersection bulb-outs, traffic circle, and a section of center-raised median. Construction
also consisted of numerous drive approaches and pedestrian and Americans with Disabilities Act (ADA) facility
improvements. KLJ led multiple neighborhood meetings to communicate construction requirements and schedules and
coordinate resident concerns and business requirements. Permitting acquisition for these projects was required to secure
six separate permits from four separate regulatory agencies. We also provided construction administration services and
assisted with RPR services.
North Wallace Avenue – The North Wallace Avenue project required a significant amount of coordination to minimize
impacts to mature street trees and existing utilities. Design included 5,000 linear feet of new roadway pavement; new
curbs and gutters; ADA facilities; an upsized 18, 24, and 30-inch storm drain trunk main and curb inlets; a storm retention
pond; new stormwater pre-treatment structure; replacement of existing water and sanitary sewer systems, including
upsizing Front Street interceptor sewer to a 24-inch main with 36-inch jack and bored cased crossing of Bozeman Creek;
and a new concrete wingwall for the East Tamarack Street Bridge over Bozeman Creek. Extensive utility relocations were
required with many undocumented and abandoned utilities dating back to the turn of the century.
East Tamarack Street Reconstruction – KLJ provided roadway and sanitary sewer main improvements for a 0.20-
mile urban roadway reconstruction project. KLJ was hired to design the reconstruction of one of the oldest streets in
Bozeman. Included in the design are 0.20 miles of roadway reconstruction, upsizing the existing sanitary sewer main to
a new 24-inch diameter sanitary sewer, storm drain improvements, new five-foot sidewalk on both sides of the street,
numerous ADA facilities, a new dedicated bicycle lane, new roadway signage, new pavement markings, and utility
coordination.
East Peach Street Reconstruction – The project was a 0.25- mile urban roadway reconstruction project. KLJ designed
reconstruction of one of the oldest streets in Bozeman. Included in the design were 0.25 miles of roadway reconstruction,
new eight-inch water main, new eight-inch sanitary sewer main, storm drain improvements, new sidewalk, numerous ADA
facilities, new roadway signage, new pavement markings, and utility coordination.
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Ingenuity, Integrity, and Intelligence.
Habitat Gap Analysis Report | Polk County and
St. Croix County, Wisconsin
Funded by U.S. Fish and Wildlife Services, this project developed a high-resolution land cover classification and
conducted a habitat gap analysis for monarch butterflies, mallard ducks, blue-winged teal, ruffed grouse and Kamer blue
butterflies in two Wisconsin counties. The land cover was classified using an object-based image analysis (OBIA) approach
with high-resolution leaf-off imagery, leaf-on imagery, and lidar data, acquired in 2014 and 2015, and with ancillary
vector datasets. The OBIA approach involved two processes, segmentation and classification, to classify features on the
landscape. The first process, segmentation, creates homogenous groups of pixels or image objects that best represent
real world features in the imagery. The second process, classification, used the imagery, lidar, and vector data with color,
geometric, textural, and contextual information to identify each class. This process resulted in 14 land cover classes:
coniferous and deciduous tree canopy, scrub/shrub, grassland, water, barren, building, road, other paved, emergent
wetland, scrub/shrub wetland, forested wetland, crop, and grain. These land cover classes were used for mapping habitat,
wildlife corridors, and habitat gaps.
The availability of high-resolution imagery and lidar data covering Polk County and St. Croix County in Wisconsin were
essential for creating value-added products to support land cover and wildlife habitat mapping. The imagery included
leaf-off imagery (1ft) acquired in spring 2015 and leaf-on imagery (3.28ft) acquired in summer 2015 as part of the USDA
National Agricultural Imagery Program (NAIP). The lidar data acquired in 2014 for St. Croix County and 2015 for Polk
County included a classified point cloud, digital elevation model, and digital surface model. The point cloud classes were
used to create additional surface models: a normalized digital surface model (nDSM), canopy height model (CHM), and
normalized digital terrain model (nDTM).
The habitat gap analysis used the land cover classification to identify habitat areas and a region-growing process model
of corridors between the habitat areas and the lack of connectivity or gaps between the habitat areas. The region-growing
process used the habitat classes for each species as the seeds for flooding the landscape surrounding each habitat area.
The process produced a corridor layer where habitat areas were connected by a species-defined distance. This project
was managed by Keith Pelletier, who we are proposing to be the SIG Project Manager SIG for the Bozeman project.
Landcover Classifications | South Lake
Tahoe Property Owners Association
The Tahoe Regional Planning Agency (TRPA) regulates the amount of
impervious surface allowed on a parcel of land and requires property
owners to prepare assessments to quantify impervious surfaces to ensure
they are complying with these regulations. This helps TRPA to identify
actions that can mitigate negative environmental effects. Pavement,
buildings, and other sorts of “impervious land cover” seal off soil surfaces,
which prevents natural groundwater recharge and rainwater to run off.
This leads to decreases in water quality, poor wildlife and fish habitat, heat
islands, and lower air quality.
SIG was contracted to collect high-resolution imagery for 16 different
parcels at South Lake Tahoe. Image collection was performed using a DJI Mavic Pro quadcopter UAS. A quadcopter is
SIG PROJECT EXPERIENCE
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Ingenuity, Integrity, and Intelligence.
a very maneuverable type of UAS, and allowed the team to work in confined areas, with exact lift-offs and landings. It
collected at least 20 photos per parcel. The 3 cm/pixel resolution photos were stitched together using cloud-based
photo processing to create a 2-D image of the parcel.
Once images were combined into a mosaic for each parcel, ArcGIS 10.5 software was used to ensure they were spatially
accurate. The software matched three or more points in each image to a base map with known geographic coordinates
(in this case, it was the ESRI base map, one of several widely-used base maps).
Features in the images were then classified based on 15 different types of land cover. Pavement and building footprints
and how they related to TRPA-designated land use types and lake set-back requirements were of most interest to the
team, given the project objectives. The SIG UAS Team also used a digital elevation model from high-resolution lidar data
to develop contour lines and to define Lake Tahoe’s high-water elevation.
SERVIR AMAZONIA | State-of-the-Art Geospatial Technology in the
Amazon | CIAT
https://sig-gis.com/projects/servir-amazonia-state-of-the-art-geospatial-tech-in-the-amazon/
SIG provides partnership development and project management support to the Science and Data Lead for SERVIR
Amazonia, a $9 million NASA and USAID-funded program to deliver geospatial information to organizations in the
Amazon region.
SIG is supporting SERVIR by providing expertise on geospatial technologies, including: land use and land cover
monitoring systems leveraging machine learning to identify habitat change; climate suitability models for planning
climate-resilient landscapes; geospatial scenario analyzes to assist with water-related conflict resolution; and ecosystem
service evaluations integrating soil carbon, biodiversity, and water resources.
SERVIR-Amazonia joined the global SERVIR network in early 2019, bringing state-of-the-art land monitoring technology
to land managers in this globally critical ecosystem. Based in Colombia, the International Center for Tropical Agriculture
(CIAT) implements SERVIR-Amazonia together with consortium partners SIG, the Institute of Agricultural and Forest
Management and Certification (IMAFLORA) in Brazil, and Conservación Amazónica (ACCA) in Peru. The SERVIR hub
will focus on development activities in Brazil, Peru, and Colombia, with impacts that reach into Ecuador, Guyana, and
Suriname.
TerraBio, one of the projects created out of SERVIR-Amazonia, brings together USAID/Brazil, the Alliance of Bioversity
International/CIAT, and the private sector. Designed as a monitoring methodology, TerraBio’s goal is to assess the
impact of private investment on biodiversity conservation in the Brazilian Amazon. The tool uses an innovative model
that combines satellite imagery, environmental DNA, local data, and other information. TerraBio directly monitors land
cover change and biodiversity on an annual basis. The assessed biodiversity metrics and landscape metrics are used to
characterize changes in the landscape and habitat availability for native species.
Urban Ecological Land Cover Mapping | New York City
An urban ecological land-cover map containing 37 unique classes was created for New York City using object-based
imagery analysis (OBIA) techniques in conjunction with multispectral orthoimagery, Lidar data, thematic GIS layers, and
local expert opinion. Based on a classification scheme adapted from the United States National Vegetation Classification
(NVC), the map included a mix of ecological and anthropogenic features mapped across four hierarchical levels of detail:
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21AYRES | LAND COVER DATASET AND TURF LAYER | CITY OF BOZEMAN
Ingenuity, Integrity, and Intelligence.
1) basic land cover; 2) land-cover sub-classes; 3) NVC Group; and 4)
NVC Association.
All ecologically-relevant classes were mapped to the NVC Group
level, and a subset of 9 classes were mapped to the NVC Association
level. These classes included upland forests (e.g., oak-tulip, coastal-
oak hickory), maritime forests (e.g., maritime post oak forest), upland
grass\shrubs (e.g., dune and coastal grassland and shrubland),
freshwater wetlands (e.g., wet meadow, freshwater marsh), tidal
wetlands (e.g., high salt marsh, brackish tidal marsh), and aquatic
vegetation (e.g., intertidal shore vegetation). Features in dense urban
zones such as maintained grass\lawns and neighborhood trees
were assigned to anthropogenic classes to further highlight the most
important ecological features. An accuracy assessment conducted
on the Level 2 map indicated an overall accuracy of 92%, a high classification rate attributable in part to the efficient
mapping of widely-distributed upland forest classes. Forested wetlands and other uncommon wetland features were
predictably mapped with lower accuracy, primarily because they were often difficult to discriminate from upland forest
types. A quantitative accuracy assessment for the Level 3 and Level 4 NVC classes was not conducted, but the quality
of these classes likely varied by data input (i.e., high for classes based on expert opinion, lower for classes based on
multispectral criteria). The map facilitated understanding of the city-wide occurrence and distribution of ecological
diversity and served as baseline documentation for monitoring and protecting New York City’s natural resources.
Regional Land Cover Monitoring System | NASA SERVIR
SIG through SERVIR Mekong developed a Regional Land Cover
Monitoring System (RLCMS). This new system leverages the
newest technologies in the field of cloud computing, machine
learning and artificial intelligence to create yearly land cover
maps from satellite data. The fully customizable RLCMS is
currently being used by various institutes for cross-country
comparative analyses of land use and land cover change. RLCMS
produces consistent time series products using free long term
historical Landsat and MODIS data. The purpose of this system
is to facilitate the production of custom, high-quality land cover
information products to serve a variety of policy, planning,
management, and reporting needs of regional and national
institutions in the Lower Mekong Region. The system leverages
the power of Google Earth Engine and relies in most cases on field
observations and the interpretation of high resolution imagery
by stakeholders relevant to a given project. Once the system has
been customized to produce a given product or set of products, these can be updated regularly in a structured way to
serve ongoing monitoring needs. The system enables users to benchmark current conditions and sets a baseline for
future reporting of progress in land governance.
Learn more: http://catalogue.servirglobal.net/Product?product_id=150
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Ingenuity, Integrity, and Intelligence.
Cambodia Crop Mapping
SIG has developed advanced techniques for the mapping of the agricultural landscape in the Kingdom of Cambodia.
This project is being carried out in collaboration with several organizations, including the US Forest Service International
Programs, SilvaCarbon (a US Government interagency program), the Food and Agriculture Organization (FAO) of the
United Nations, Cambodia’s Department of Agriculture and Land Resources Management (DALRM), and the Ministry of
Environment of Cambodia.
In line with its obligation to report to the United Nations Framework Convention on Climate Change (UNFCCC) under
the Paris Agreement’s Enhanced Transparency Framework (ETF), Cambodia is undertaking initiatives to strengthen its
agriculture and land use components. To fulfill the ETF reporting requirements and support land use planning, it is crucial
to create high-resolution agricultural land use maps and gather data on crops. The Agricultural, Forestry, and Other Land
Use (AFOLU) sector of Cambodia prioritizes the development of accurate forest cover and other land use data, with a
particular focus on identifying crops of high economic value, such as cashew and other broadleaf tree crops.
SIG leveraged data collected in the field or digitized in Collect Earth Online by the General Directorate of Agriculture
(GDA) team to construct models for mapping various crop types. The team utilized a deep learning algorithm to classify
crop types from high-resolution satellite images, resulting in the creation of a nationwide map of cashew plantations.
SIG also carried out capacity building activities, including workshops and webinars, to impart the fundamentals of neural
networks and train local staff in producing and assessing crop maps.
Collect Earth Online
SIG and its partners created Collect Earth Online (CEO), a free, open-source system for viewing and interpreting high-
resolution satellite imagery. The projection is a collaboration with NASA SERVIR, SilvaCarbon, the USDA Forest Service,
and the Food and Agriculture Organization of the
United Nations (FAO). The codebase is shared through
the FAO’s Open Foris initiative, which promotes flexible
and efficient data collection, analysis, and reporting.
CEO’s powerful, cloud-based technology simplifies
a process that had been fragmented and required
multiple stakeholders. With CEO, users can inspect
any location on Earth with satellite data and track
land use and landscape changes over time. Users
can conduct surveys, collect samples, and make use
of crowdsourcing technology—all at no cost. CEO
provides access to historical imagery and mosaics
from NASA’s Landsat network, the European Union’s
Sentinel system, Google Earth Engine. One of its most
valued features is date-stamped imagery of the tropics
generated monthly by Planet and made available
through Norway’s International Climate & Forests
Initiative (NICFI).
Armed with the consistent, reliable land use data they need, users can more easily monitor quickly changing landscapes,
develop policies to protect land, and prevent deforestation.
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Ingenuity, Integrity, and Intelligence.
Ayres is a nationwide professional consulting firm
providing services in photogrammetry, lidar, and digital
mapping; GIS; survey; civil, structural, transportation,
river, and water resources engineering; environmental
science; planning; architecture; landscape architecture;
and mechanical, electrical, and plumbing engineering.
Our employee-owned firm was founded in 1959 by Owen
Ayres, an engineer who instituted many of the practices
we follow: working with clients as a partner; offering
smart, creative solutions; conducting business with the
utmost integrity; and providing employees challenges
and the opportunity to advance and invest in their
company. Incorporated in Eau Claire, Wisconsin, Ayres
now employs over 350 people. Ayres has 11 offices in
Wisconsin, Colorado, Wyoming, Florida, Minnesota, and
California.
Ayres’ geospatial division is based in Madison, Wisconsin.
The geospatial division originated as Alster & Associates
Photogrammetric Engineering (founded in 1951), who
merged with Ayres in 1978. The geospatial division has
over 60 people. Credentials held by these employees
include multiple Certified Photogrammetrists, GISPs,
Certified Mapping Scientists in several specialties, and
Professional Land Surveyors. There are also many highly
trained technicians and project managers, all of whom
have formal education in the discipline of geography. As
shown in the Related Experience section, Ayres’ staff has
brought unparalleled experience providing geospatial
and survey to municipalities throughout the nation. This
breadth of expertise and deep capacity means that Ayres
can simultaneously perform and complete a variety of
projects on schedule and meeting or exceeding client
needs and expectations.
Ayres’ geospatial division provides a diverse range of
mapping services to clients in the West and nationally,
including: • Digital orthoimagery • Planimetric and topographic mapping • Digital terrain modeling (DTM) • Remote sensing • GIS consulting, training, and development
• GPS and conventional survey • Aerial lidar (fixed wing and helicopter) • Oblique aerial imagery • Ground-based lidar (mobile and HD scanning)
Ayres has been providing aerial imagery to local
governments for over 25 years. Ayres helped launch and
develop what is now known as the Wisconsin Regional
Orthoimagery Consortium (WROC). Beginning in 1995
with one regional planning organization covering a
handful of counties, Ayres helped recruit members and
partners, manage funding participation and contracts,
and grow the available products and services as WROC
grew into a statewide program that includes state
agencies, county and municipal governments, utilities,
and more. Ayres is the only firm that has ever held the
contract throughout WROC’s history, delivering imagery,
lidar, and related mapping products.
In the past five years Ayres has completed nearly 700
aerial mapping projects. These projects took place in 24
states, including Montana and all its surrounding states.
Ayres’ approach to managing the City of Bozeman’s
project will begin with a dedication to understanding
your needs and designing solutions that address them.
For example, Bozeman is a very attractive area for
relocation, and was the third fastest growing micropolitan
area in the U.S. last year, and the fastest growing in
the preceding three years. Since it has been five years
since the last imagery update for the City, there will
be substantial updates to the building footprints and
changes to the imagery. Ayres has designated a project
manager who is experienced with municipalities
experiencing rapid growth.
Ayres’ proposed project manager, Tyler Kaebisch, will
coordinate the data collection and processing efforts
for the City of Bozeman project. Tyler has experience
managing geospatial projects throughout the country,
with a focus on the western United States. Tyler is
experienced in project management and has a strong
history of involvement in geospatial projects, with
F) STATEMENT OF QUALIFICATIONS
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Ingenuity, Integrity, and Intelligence.
over 14 years of experience in GIS, remote sensing and
project management. Prior to joining Ayres, Tyler served
as a remote sensing specialist and an inventory and
monitoring remote sensing specialist for the U.S. Bureau
of Reclamation and the U.S. Forest Service in the Rocky
Mountain region. He has also been involved in numerous
projects using aerial mapping to support mitigation and
recovery after natural disasters.
As project manager, Tyler will update City of Bozeman
personnel during the project to discuss pertinent project
issues as needed. Additionally, he will participate in
weekly internal meetings with Ayres supervisors to
assess the status of the project and address key technical
issues, thereby maintaining high standards for product
specifications and keeping the project on track to meet
the timeframe agreed upon.
One important difference about Ayres compared to some
geospatial firms is that all work is performed in the United
States. Ayres possesses more than enough resources
and uses efficient processes to allow us to accomplish
this project with skilled professionals based in the United
States. There remain only a few geospatial firms that have
their entire production staff within the country; Ayres is
proud to be among them.
Ayres’ subconsultants are KLJ for control survey and
Aerial Surveys International (ASI) for aerial imagery
acquisition. Spatial Informatics Group (SIG) is the
subconsultant for the Land Cover Dataset and Turf Layer.
Ayres has a successful history with all firms.
KLJ has four offices in
Montana, including one
in Bozeman, and has
five surveyors who hold
Professional Land Surveyor licensure with the State of
Montana. KLJ’s survey lead, Justin Stefanik, began his
surveying career in Bozeman and is familiar with the City’s
requirements. KLJ has performed a number of projects for
the City and served as a sub to Ayres on a contract with
the Montana Department of Transportation to perform
scour studies on 13 bridges. Under this project, KLJ
provided survey control for aerial lidar data.
ASI has acquired aerial data for
nearly forty projects for Ayres
over the past 10 years. These
include the Bismarck-Mandan
MPO and the City of Laramie
project described in the Related
Experience section. ASI owns seven aircraft and four
different types of digital imagery sensors from different
manufacturers, allowing them to provide Ayres with
the best and most appropriate technology to meet the
specific needs of each client.
Founded in California in 1998,
Spatial Informatics Group (SIG)
is an environmental services
and software development
company, with expertise in GIS
and international land cover mapping. Their mission is
to conduct research, develop unique datasets, produce
innovative modeling solutions, and encourage open
science that democratizes decision making locally,
regionally, nationally, and globally.
Highly experienced remote sensing staff from SIG include:
KARIS TENNESON, PhD - Karis is Director of
Environmental Mapping at SIG. Her work focuses on
developing decision support tools to monitor land use
and land cover dynamics, forest biomass estimation using
lidar and structure from motion, assessing ecosystem
services, and scenario planning. She was the Principal
Investigator (PI) on a multi-agency team to conduct a
sample-based inventory of crop commodities cultivated
in previously forested landscapes in seven Southeast
Asian countries. SIG assessed the distribution of the main
commodities that have replaced formerly forested lands,
inventoried agroforestry practices, and estimated carbon
emissions associated with these activities using visual
photo-interpretation methods. She also was the technical
lead/project manager on the Change of Use and Cover
Monitoring Tool project for the development of a cloud
based, integrated land cover mapping and inventory tool
with REDD+ Project, Ministry of the Environment Ecuador.
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ENIKOE BIHARI - Enikoe is a Data Scientist on the SIG
Environmental Mapping team. She has a background in
forestry, ecology, and environmental engineering, with
expertise in ecological fieldwork and geospatial data
analytics (GIS). Her project work has included mapping
contaminants in the soils of urban parks and analyzing
how patterns correlate to environmental variables.
KEITH PELLETIER - Keith is a Data Scientist with SIG
and Geospatial Scientist in the Remote Sensing and
Geospatial Analysis Laboratory at the University of
Minnesota (UMN). He has worked on geospatial projects
for the Minnesota Department of Natural Resources, US
Forest Service, and the U.S. Fish and Wildlife Service.
His work uses semi-automated approaches to produce
high resolution land cover for forest inventory, urban tree
canopy assessments, wetland extent and change, and
impervious surfaces.
Detailed information on the key members of the Ayres
team – and their availability during relevant time periods
to the City of Bozeman’s project – can be found in the
Key Personnel section of this submittal.
“Ayres exhibits exceptional customer service and responsiveness.
During the City’s hour of need, Ayres staff worked nights and weekends
to assist in condition assessments, field solutions, and coordination of
resources.”
Chris Matkins
Water Utilities Manager
City of Loveland, CO
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Our experience has shown us that close and open communication with
our clients is the foundation for a successful working relationship. We place
a high priority on understanding our clients’ needs, openly addressing
issues, involving clients in decision-making, and resolving project concerns.
In every project we undertake, our goal is always client satisfaction. We
invite you to contact the references listed below – for whom our firm has
provided similar services – for a firsthand account of our work.
City of Loveland – Lidar, Aerial Imagery, and
Planimetric Mapping
Client: City of Loveland
Address: 500 E. Third St., Loveland, CO 80537
Contact: Chris Carlson
Phone: 970.962.2774
Email: Chris.Carlson@CityofLoveland.org
Illinois GIS Consortium – Lidar, Aerial Imagery,
and Planimetric Mapping
Client: Village of Oak Brook
Address: 1200 Oak Brook Rd., Oak Brook, IL 60523
Contact: Jim Fox
Phone: 630.368.5000
Email: jfox@oak-brook.org
Landcover Classifications - South Lake Tahoe
Property Owners Association
Reference for Spatial Informatics Group (SIG)
Client: Tahoe Regional Planning Agency
Address: 128 Market Street, Stateline, NV
Contact: Dennis Zabaglo, Aquatic Resources Program Manager
Phone: 775.589.5255
Email: dzabaglo@trpa.gov
G) REFERENCES
“I had really high
expectations from
the start because
I knew we had an
incredible team
of professionals
working on this
project, and
yet (Ayres) still
exceeded my
expectations.”
Mark Sears
Natural Areas Program Manager
City of Fort Collins, CO
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27AYRES | LAND COVER DATASET AND TURF LAYER | CITY OF BOZEMAN
Ingenuity, Integrity, and Intelligence.
H) PRESENT & PROJECTED WORKLOADS
The following tableand chart represents our current capacity and workload projections to assist the City of Bozeman on
its digital orthoimagery, land cover dataset and turf layer classification project.
NAME % EST. CAPACITY % TIME TO PROJECT
Tyler Kaebisch 80%15%
Aaron Sale 40%25%
Burt Lindquist 55%30%
Imagery Technicians 70%20%
KLJ Survey Staff 40%25%
ASI Flight Staff 30%15%
SIG Classification Staff 80%75%
“Ayres has consistently produced quality work in a timely manner, and
with the highest degree of professionalism. They work closely with me
... to resolve issues and discuss ideas, and are always available when
needed.”
Jennifer Spinelli
Assistant Planner
City of Montrose, CO
AYRES WORKLOAD PROJECTIONS
2023 2024
May June July August September October November December January
Washington DNR Lidar
Rapid City MPO Lidar and Orthoimagery
GISC: IL Lidar, Orthoimagery, & Plannimetric Mapping
WROC: Wisconsin Lidar and Orthoimagery
Kentucky Orthoimagery
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28AYRES | LAND COVER DATASET AND TURF LAYER | CITY OF BOZEMAN
Ingenuity, Integrity, and Intelligence.
“Ayres is
a trusted
commodity in
our community.
They’ve been
very good to
work with;
they’ve provided
everything they
said they would
and usually a
little bit more.”
Steve Tilton
Former Assistant Village Manager,
Village of Tinley Park, IL
We know that every project we complete is really about people. That’s why
we have assigned our best people to work with the City of Bozeman staff
and project stakeholders to make sure your project meets your needs.
Our team will be led by Tyler Kaebisch, a geospatial project manager with
extensive experience in digital mapping. Tyler is proactive in identifying
and addressing challenges to keep the project on schedule and is
committed to keeping major stakeholders informed throughout the course
of the project.
Ayres’ staff members approach each project knowing the services we
provide bring noticeable improvements for the communities for which
we work and improve lives in the process. Through years of successful
projects, we know that assigning qualified staff to your project and
providing good communication are vital for maintaining trust and
confidence.
Resumes for key members of our team are included on the following pages.
I) KEY PERSONNEL
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29AYRES | LAND COVER DATASET AND TURF LAYER | CITY OF BOZEMAN
Tyler Kaebisch
Geospatial Project Manager
Tyler joined Ayres in 2019 as a project manager in the aerial mapping group. He
has used his communication and organizational skills to manage large-scale
statewide projects that apply remote sensing techniques to analyze features
across the landscape. Tyler has worked in the federal and state agency sectors,
where he has more than 14 years of experience with resource inventory and
monitoring programs, working side by side with federal, state, county, and
private sector partners.
Tyler’s focus as a remote sensing specialist has included object-based image
analysis, wetland flora and fauna, hydrography, aerial photography, and lidar
(light detection and ranging). Tyler will seek opportunities to solve mapping
problems for clients in sectors including local government, utilities, and
telecom in the Midwest and West.
Select Experience • Water Supply and Storage Company Ditch Mapping 2020, CO• Larimer County Fairgrounds Orthoimagery and Topographic/Planimetric
Mapping 2020, Larimer County, CO• Greeley-Loveland Irrigation Canal Lake Drive Stabilization/UAS Aerial
Orthophotography and Lidar, Loveland, CO• Larimer County Landfill Aerial Mapping 2020, Larimer County, CO• Estes Park Building Mapping 2021, Town of Estes Park, CO • City of Loveland Lidar and Orthoimagery 2021, Loveland, CO• Bismarck-Mandan Metropolitan Planning Organization 2020
Orthoimagery & Topographic Mapping, ND• Goodhue County Orthoimagery 2022, MN• 3-DEP QL0 Lidar 2020, Goodhue County, MN• Grand Forks - East Grand Forks MPO Ortho and Lidar 2021, MN• Grand Forks, ND Building Footprints• Lidar and Orthoimagery 2021, Loveland, CO• Georgia Site Lidar and Orthos 2021, Warrenton, GA• GISC Topo Lidar Mapping 2022, Northfield, IL• LA County UAS Lidar 2021, Los Angeles, CA• Lidar Processing 2021, Madison, WI• Mobile Lidar 2022, Davenport, IA• Washington State King County Lidar Processing, Sheboygan Falls, WI• GISC Lidar 2019, Wilmette, IL• WROC 2020 Waupaca County Lidar, WI• GISC Lidar 2020, Des Plaines, IL• WROC 2020 Calumet County Lidar (2018), WI
Total Experience
14 Years
Education
MS, Geospatial Information
Science, University of
Minnesota
BS, Fisheries and Water
Resources Management,
University of Wisconsin -
Stevens Point
77
30AYRES | LAND COVER DATASET AND TURF LAYER | CITY OF BOZEMAN
Aaron Sale
Imagery Supervisor
Aaron joined Ayres in 1996 as a digital orthophotography technician. His
experience with Ayres is in the use and production of digital orthophotography
and flight planning for geospatial projects. Aaron has led imagery development
for major orthoimagery projects around the nation. His experience includes
the award-winning Wisconsin Regional Orthoimagery Consortium project,
which was the first statewide, leaf-off orthoimagery project in the state and
included the development of 12-inch resolution imagery of the entire state as
well as higher resolution imagery for a range of public and private entities.
Select Experience • Schweitzer Mountain Resort Lidar, Orthoimagery, and Planimetric
Mapping 2021, Sandpoint, ID• Idaho Transportation Department Payette River Highway 21 Bridge
Mapping 2019, Boise, ID• Wisconsin Regional Orthoimagery Consortium (WROC), Statewide, WI• Northern Colorado Geospatial Consortium Lidar and Orthoimagery,
Various Locations, CO• Colorado Department of Transportation US 34 Canyon Mapping Revision
Lidar, Larimer County, CO• Bismarck-Mandan MPO Orthos and Topographic Mapping, Bismarck, ND
Burton Lindquist
Analytical Aerotriangulation Specialist
Burton joined Ayres in 1989, bringing three years of experience in stereo
plotter operation and analytical aerotriangulation, as well as additional skills
in orthophoto production and digital file editing. Since 1998, Burton has been
in charge of overseeing all phases of analytical aerotriangulation. He has an
extensive background in conventional analytical aerotriangulation (AT) and is
trained and experienced in the use of Z/I ISAT softcopy AT software.
Select Experience • Schweitzer Mountain Resort Lidar, Orthoimagery, and Planimetric
Mapping 2021, Sandpoint, ID• Idaho Transportation Department Payette River Highway 21 Bridge
Mapping 2019, Boise, ID• Wisconsin Regional Orthoimagery Consortium (WROC), Statewide, WI• Colorado Department of Transportation US 34 Canyon Mapping Revision Lidar• MnDOT Spring 2019 Imagery, St. Paul, MN• CDOT US 85 & WCR44 Roadway Drainage Lidar & Imagery 2018, Various Locations, CO• Landfill Aerial Mapping 2020, Larimer County, CO• Larimer County Fairgrounds 2020, CO• Water Supply Storage Company Ditch Mapping 2020, CO• Lidar and Orthoimagery 2021, Loveland, CO
Years of Experience
27 Years
Education
BS, Geography/Earth Sciences,
University of Wisconsin-
La Crosse
Total Experience
36 Years
Education
BS, Cartography/Geography,
University of Wisconsin-Eau
Claire
78
31AYRES | LAND COVER DATASET AND TURF LAYER | CITY OF BOZEMAN
Justin Stefanik – Professional Land Surveyor,
Certified Federal Surveyor, Engineering Intern – Helena, MT
Justin is a Professional Land Surveyor (PLS) in Montana, a Certified Federal Surveyor (CFedS), and an
Engineering Intern (EI). He has extensive experience providing cadastral, private land retracement,
corridor, utility, and control surveys to public and private clients. Justin completes General Land
Office (GLO) retracement surveys, section breakdowns, Certificate of Survey, topographical surveys,
bathymetric surveys, construction stakeout, drafting, writing legal descriptions, courthouse research, data downloads
and manipulations. His supervision of field surveys crews for more than 14 years brings an understanding of the correct
procedures to provide an accurate survey and has completed surveys meeting the City of Bozeman protocols. Justin’s
role for this project will be the planning and execution ground control and ground truthing surveys. Justin started his
career in Bozeman, after finishing his Construction Engineering Technology from Montana State University he worked at a
local engineering and surveying crew for two years before moving back to Helena. Justin has completed multiple ground
control surveys on manned aerial flights throughout Montana.
Chantry Myers – Survey Technician, Drone Pilot – Helena, MT
Chantry is a survey technician with experience involving GLO retracement surveys, section
breakdowns, COS drafting, topographical surveys, construction stakeout, writing legal descriptions,
and courthouse research. He has gained experience working on these types of projects for the last 3
years with KLJ and is knowledgeable in both survey field work and AutoCAD Civil 3D. Chanty is also
a licensed drone pilot, passing his part 107 certification a year ago. He has operated drones on four
different sites in Bozeman in the last 6 months. He planned, laid out the ground control, flew and processed the aerial
flights for these four sites and multiple others around Montana. Chantry is Construction Engineering Technology graduate
from Montana State University that started his survey career in Bozeman working for a contractor staking grades on
heavy civil projects.
Robert Hofer – Survey Technician, Drone Pilot – Billings, MT
Robert is a survey technician with experience involving General Land Office (GLO) retracement
surveys, hydrologic surveys, section breakdowns, Certificate of Survey (COS) drafting, topographical
surveys, construction stakeout, writing legal descriptions, and courthouse research, Stormwater
Pollution Prevention Plans (SWPPP). He has gained experience working on these types of projects for
the last four years. Robert is knowledgeable in both survey field work and AutoCAD Civil 3D. Robert
is a licensed drone pilot that passed his part 107 certificate 18 months ago. Robert is a Civil Engineering graduate from
Montana Tech and has performed ground control surveys on four different projects. He is currently laying ground control
for a large power line project from Colstrip to the Montana/North Dakota state line.
Mike Hinshaw – Professional Engineer – Bozeman, MT
Mike is a project manager located in KLJ’s Bozeman office. He has worked as a project manager,
design engineer, and resident project representative (RPR) on projects throughout the region.
Mike’s background in land development, municipal infrastructure, water resources, and construction
administration projects give him a well-rounded background and a strong understanding of project
needs, and the ability to anticipate problems well in advance of them hindering progress. He has
worked with contractors and clients to successfully navigate disagreements and help both sides resolve those situations
and get the project moving again. Mike has worked as an on-call city engineer performing design reviews, construction
oversight, and advising City staff, so he is knowledgeable in the challenges and requirements of working with a
community as an on-call engineer. Mike gained extensive experience in accounting and corporate finance before pursuing
his engineering degree. His experience in the financial world helps immensely in bringing a project in on time and on
budget, as well as managing regulatory challenges.
79
32AYRES | LAND COVER DATASET AND TURF LAYER | CITY OF BOZEMAN
Mark Schubert – Owner/President
Chief Pilot & Acquisition Manager
Mark has 26 years of experience in mapping and surveying. He started in 1995 as an aerial photography pilot and became
co-owner of ASI in 1998. Mark is an accomplished photo/lidar pilot and is a Commercial, Multi, Instrument Rated, Pilot
and Aircraft Mechanic. He has completed an extensive number of both domestic and international projects. As the
owner of ASI, Mr. Schubert provides overall direction of the company, business & project management support and
technical leadership & direction to the organization. Mark will serve as ASI’s principal-in-charge, acquisition manager and
chief pilot for this project.
Accomplishments:• Successfully managed growth of company to level of premier domestic and international aerial• acquisition firm• Estimated, designed, and managed thousands of aerial photo and data acquisition missions• Researched diverse national and global client groups to forward ASI’s market position• Performed network marketing and coordination with industry related businesses to develop• Strategic partnerships in the GIS, geospatial and photogrammetric mapping arenas.
Education and Training:• Metro State College, Denver State - Professional Flight Training• Colorado Aerotech, Bloomfield, CO - A & P License• University of North Dakota, Grand Forks Aerospace Sciences• Embry Riddle Aeronautical University, Prescott, AZ – Aircraft Maintenance Management
Certifications and Registrations:• Commercial, Multi, Instrument Rated pilot with ~7700 hours TT, ~6500 multi-hours• Certified (AP) Aircraft Mechanic
Erik Woods - Project Manager/Production Manager/Sensor Operator
Erik has over 17 years of experience with LiDAR and digital imaging. He is responsible day-to-day project management
as well as resource management and oversight of field crews, photogrammetric processing and all deliverables. He has
expertise in photogrammetry, remote sensing, aerial photography, and advanced Geographic Information Systems
including advanced geospatial processing techniques, methods and quality planning. Erik has extensive hands-on
geospatial experience specializing in production and quality assurance of all data products. Erik also provides GIS
technical support and consultation including database development, composition and collaboration of technical and
non-technical proposals and responses. Erik is also responsible for the maintenance of the IT infrastructure at ASI.
Certifications and Registrations:• Intergraph / Z/I Processing Certification• Optech Processing Certification• Certified (AP) Aircraft Mechanic
David Braun - Sensor Operator
David has over 41 years of experience with LiDAR and digital image acquisition. He is responsible for daily mission
planning and digital aerial image and/or lidar acquisition. David has flown literally thousands of missions over the course
of his career. David also provides additional support with sensor installation, calibration and aircraft maintenance. He has
expertise in remote sensing, aerial photography, methods and quality planning.
Certifications and Registrations:• US Navy Reconnaissance School• Certified DMC, ADS and Optech LiDAR sensor operator
80
33AYRES | LAND COVER DATASET AND TURF LAYER | CITY OF BOZEMAN
Keith C. Pelletier
Research Scientist
Keith is a PhD candidate in the Remote Sensing and Geospatial Analysis Laboratory at the University
of Minnesota (UMN). Prior to joining SIG, Keith worked as a Geospatial Analyst in the Spatial Analysis
Laboratory and was a lecturer in Geography at the University of Vermont where he taught cartography,
remote sensing, geographic research methods, and GIScience.
Education and Training:• Ph.D., Natural Resource Science and Management, University of Minnesota - Anticipated 2024• MS, Natural Resources & BA, Geography, University of Vermont
Affiliations:• American Geophysical Union • American Society for Photogrammetry & Remote Sensing, UMN Student Chapter President • Gamma Theta Upsilon: The International Geographic Honor Society • Minnesota GIS/LIS Consortium • Northeast Arc Users Group (NEARC)• Vermont Spatial Data Partnership (VSDP)
Select Experience • Zebra Mussel Mapping and Counting using Object-based Image Analysis, Minnesota Aquatic Invasive Species Research
Center – University of Minnesota, Jan 2023 – July 2023 (PI)• State and Private Forestry Northeastern Area Landscape Scale Restoration, Minnesota Department of Natural Resources,
Sept 2020 – Sept 2024 (Co-PI)• Great Lakes Basin landscape change in four dimensions, U.S. Fish and Wildlife Service, Sept 2020 – Sept 2021 (Co-PI)• A multi-scale, multi-temporal approach for identifying landscape change in the Great Lakes Basin, U.S. Fish and Wildlife
Service, May 2019 – Sept 2020 (Co-PI)• Gap Analysis, U.S. Fish and Wildlife Service, June 2018 – Aug 2019 (PI)• Sinkhole and Land Cover Mapping, St. Croix County, WI, June 2018 – Aug 2019 (PI)• Image Processing to Build a Multi-Temporal Vegetation Elevation Ecosystem Model (MTVEEM), Great Lakes Consortium
for Petascale Computation - National Center for Supercomputing Applications, April 2018 – April 2019 495,000 Node
Hours (Co-PI)• Gap Analysis, U.S. Fish and Wildlife Service, Nov 2017 – May 2019 (PI)• A multi-scale, multi-temporal approach for identifying landscape change in the Great Lakes Basin, U.S. Fish and Wildlife
Service, Nov 2017 – Sept 2019 (Co-PI)• State and Private Forestry Northeastern Area Landscape Scale Restoration, Minnesota Department of Natural Resources,
Sept 2017 – Sept 2020 (Co-PI)
Enikoe Bihari
Data Scientist
Enikoe has experience working with multiple levels of projects. She is an experienced Environmental
Scientist and works as a Data Scientist on the Environmental Mapping team at Spatial Informatics Group.
Education and Training:• Master of Forestry & Master of Environmental Management Duke University• BS, Environmental Science, minor in Environmental Engineering, University of California-Los Angeles• International Business School study abroad, Corvinus University of Budapest
81
34AYRES | LAND COVER DATASET AND TURF LAYER | CITY OF BOZEMAN
Select Experience • SERVIR Amazonia. SIG provides partnership development and project management support to the Science and Data Lead
for SERVIR Amazonia, a $9 million NASA and USAID-funded program to deliver geospatial information to organizations in the
Amazon region. SIG is supporting SERVIR by providing expertise on geospatial technologies, including: land use and land cover
monitoring systems leveraging machine learning to identify habitat change; climate suitability models for planning climate-
resilient landscapes; geospatial scenario analyzes to assist with water-related conflict resolution; and ecosystem service
evaluations integrating soil carbon, biodiversity, and water resources.• Collect Earth Online (CEO). DFFE requested to learn more information about the use of Collect Earth Online to help them
to increase the temporal frequency of land use change dynamics occurring between 1990 and 2014. They have basemaps for
those two years, but currently they have no information on when the observed changes occurred over that 24 year timeframe.
Collect Earth Online is a platform that facilitates image viewing and interpreting; it is part of the OpenForis suite of free and
open source forest monitoring tools. Many of the useful publicly, freely available images are already pre-loaded into the
platform (e.g., Landsat, Sentinel 1 and 2, DEMs), with the option for users to easily load their own commercial imagery or map
layers themselves.• SilvaCarbon Africa/Asia. SIG led facilitation of a live workshop on forest degradation as a collaborative exchange between
countries in Africa, Asia, Latin America, and South America. Peer presentations and interactive discussions with regulating
agencies provided an opportunity for co-learning, supporting countries’ efforts to measure GHG emissions and access result-
based payments.
Karis Tenneson
Director of Environmental Mapping
Dr. Tenneson’s work focuses on developing decision support tools to monitor land use and
land cover dynamics, forest biomass estimation using lidar and structure from motion,
assessing ecosystem services, and scenario planning.
Education and Training:• PhD, Interdisciplinary, PhD Program in Urban Design & Planning, University of Washington• MS, Urban Design & Planning, University of Washington• BA, Biology and Mathematics, Luther College
Select Experience • TerraBio. PI on the development of a monitoring platform to assess the impact of investment initiatives/projects supported
by the private sector for the conservation of biodiversity in the Brazilian Amazon. The tool will report on impacts of sustainable,
integrated territorial development and other private sector investment strategies by integrating remote sensing technologies
with field registration methodologies and species mapping. ($700,000 from USAID Brazil, 2020-2025)• Crop commodity inventory. PI on a multi agency team to conduct a sample-based inventory of crop commodities cultivated
in previously forested landscapes in seven Southeast Asian countries. We assessed the distribution of the main commodities
that have replaced formerly forested lands, inventoried agroforestry practices, and estimated carbon emissions associated with
these activities using visual photo-interpretation methods. ($137,000 from Regional Development Mission for Asia, 2019-2020)• Change of Use and Cover Monitoring Tool. co-I and technical lead/project manager on the development of a cloud based,
integrated land cover mapping and inventory tool with REDD+ Project, Ministry of the Environment Ecuador. There are two
automated chains of implementation: an optical and synthetic aperture radar image time series preprocessing workflow and an
image classification and change detection algorithm. ($590,200 funds from KFW, 2019)• Collect Earth Online Development. co-I on a custom built, open-source, high resolution satellite image viewing and
interpretation system that is being developed by SERVIR-Mekong, FAO, and US Forest Service as a tool for use in projects
that require land cover and/or land use reference data. ($163,500 funds from SilvaCarbon, 2016-present; $140,000 from FAO,
2019-present; $45,000 from NASA; $6,100 WRI, 2020)• Land Cover Monitoring System and Data Portal. co-I on the development of a collection of customizable land cover
monitoring tools built in a cloud computing environment (Google Earth Engine) to deliver high quality land cover and land
cover change information products from mid-1980s to today. (SERVIR Mekong and SERVIR Amazonia, 2015-present)
82
35AYRES | LAND COVER DATASET AND TURF LAYER | CITY OF BOZEMAN
Ingenuity, Integrity, and Intelligence.
Additional Options
Ayres understands that the City of Bozeman is asking for cost-effective datasets, which we have responded to on the
preceding pages. Ayres works with many municipalities on similar projects and has found several products that help
increase the return on investment for these projects. We are excited to recommend several options to the City to help
increase the value of your project.
Project Enhancements:
• 3-band RGB (ture color) MrSID format orthomosiac• 3-band CIR (color infra-red) MrSID format orthomosiac• Stereo Compiled Building Footprints• Tree Canopy Polygons
J) ADDITIONAL INFORMATION
83
36AYRES | LAND COVER DATASET AND TURF LAYER | CITY OF BOZEMAN
Ingenuity, Integrity, and Intelligence.
K) NONDISCRIMINATION & EQUAL PAY
Attachment 1
NONDISCRIMINATION AND EQUAL PAY AFFIRMATION
Ayres Associates Inc (name of entity submitting) hereby affirms it will
not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national
origin, or because of actual or perceived sexual orientation, gender identity or disability and
acknowledges and understands the eventual contract will contain a provision prohibiting
discrimination as described above and this prohibition on discrimination shall apply to the
hiring and treatments or proposer's employees and to all subcontracts.
In addition, Ayres Associates Inc (name of entity submitting) hereby
affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana
Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work "best practices"
website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent "best practices
publication and has read the material.
HR Director
Name and title of person authorized to sign on behalf of submitter
84
Memorandum
REPORT TO:City Commission
FROM:Susana Montana, Senior Planner
Brian Krueger, Division Manager, Development Review Division
Erin George, Deputy Director of Community Development
Anna Bentley, Director of Community Development
SUBJECT:Continue the Public Meeting to Consider the South Range Crossing Major
Subdivision Preliminary Plat Application to the August 1, 2023 Meeting
MEETING DATE:July 18, 2023
AGENDA ITEM TYPE:Community Development - Quasi-Judicial
RECOMMENDATION:I move to continue the public meeting to consider the South Range Crossing
Major Subdivision Preliminary Plat application, No. 22390, to the August 1,
2023 Commission meeting.
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:The proposed subdivision would divide the 38.4-acre vacant property,
located at the southeast corner of West Graf Street and South 19th Avenue,
into 97 lots for commercial and residential development with associated
parkland, open space and parking. The public meeting before the City
Commission was noticed for July 18th but, due to scheduling conflicts, is
recommended to be considered at the August 1, 2023 meeting.
The full application and file of record can be viewed digitally at:
https://weblink.bozeman.net/WebLink/Browse.aspx?startid=270066&cr=1
UNRESOLVED ISSUES:None.
ALTERNATIVES:None suggested.
FISCAL EFFECTS:
Fiscal impacts are undetermined at this time but would include increased
property tax from new development along with increased costs to provide
municipal services to those developments. No unusual fiscal impacts have
85
been identified. No presently budgeted funds would be changed by this
subdivision.
Report compiled on: June 21, 2023
86
Memorandum
REPORT TO:City Commission
FROM:Chris Saunders, Community Development Manager
Brian Krueger, Development Review Manager
Erin George, Deputy Director of Community Development
Anna Bentley, Director of Community Development
SUBJECT:Ordinance 2132, Provisional Adoption of Alcoholic Beverages and Sales Text
Amendment, Application 23064
MEETING DATE:July 18, 2023
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION:Having reviewed and considered the staff report, draft ordinance, public
comment, recommendation from the Community Development Board, and
all information presented, I hereby adopt the findings presented in the staff
report for application 23064 and move to provisionally adopt Ordinance
2132.
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:In conformance with the Montana Alcoholic Beverage Code, The City has
regulated the allowance of alcoholic licenses and alcohol sales for on-
premises consumption for decades. Section 16-3-306(1), Montana Code
Annotated (MCA) denotes that retail licenses for alcohol are not permitted
to any business or enterprises whose premises are within 600 feet as a
building used exclusively as a church, synagogue, or other place of worship
or as a school other than a commercially operated or postsecondary school.
As denoted in 16-3-306(4), this separation distance requirement does not
apply if the applicable jurisdiction of a local government has supplanted said
provisions as authorized in 16-3-309, MCA.
The City previously adopted provisions to supplant this separation distance
requirement through Sections 04.02.020.B and 38.360.060.B of the Bozeman
Municipal Code. These standards exempt temporary events using a state
issued catering endorsement license or special permit, restaurants with a
state issued beer and wine license, and restaurants located within the B-2M
and B-3 zoning districts with a state issued beer license with wine
amendment. Based on public requests, the City Manager directed City staff
to review the existing regulations to consider an exemption for all applicable
87
state issued alcohol license holders from the separation distance rule in
order to foster further opportunities for redevelopment, economic
development, and tourism within Bozeman.
As drafted, Ordinance 2132 (Attachment 1) revises the regulations in
Chapters 4 and 38 of the BMC to authorize properties within commercial,
mixed use, and industrial zoning districts to operate within 600 feet of and
on the same street as a building used exclusively as a church, synagogue, or
other place of worship or as a school to sell alcohol for on-premises
consumption without requiring the sale of individually price meals, having an
on-premises dining room and kitchen, and regularly serving an evening
meal. Additionally, the proposed revisions include administrative changes,
such as removing the requirement for applications to be notarized.
For more details, please see the attached staff report.
UNRESOLVED ISSUES:None.
ALTERNATIVES:1. Ordinance not be approved based on findings of non- compliance with
the applicable criteria contained within the staff report;
2. Amendments prior to adoption; or
3. Open and continue the public hearing on the application, with specific
direction to staff to supply additional information or to address
specific items.
FISCAL EFFECTS:None at this time related to this Amendment.
Attachments:
Attachment 1 - Ordinance 2132.pdf
23064 CC Staff Report - Liquor Licensing Amendment.pdf
Attachment 2 - Map Series related to Ordinance 2132.pdf
Report compiled on: July 11, 2023
88
Ordinance 2132, Alcohol Exemption Separation Standards Text Amendment
Ord. 2124 Page 1 of 6
ORDINANCE 2132
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING CHAPTERS 4 AND 38 OF THE BOZEMAN MUNICIPAL CODE TO AUTHORIZE THE SALE OF ALCOHOL FOR ON-PREMISES CONSUMPTION IN COMMERCIAL, MIXED USE, AND INDUSTRIAL ZONED
PROPERTIES TO OPERATE WITHIN 600 FEET OF AND ON THE SAME STREET AS A BUILDING USED EXCLUSIVELY AS A CHURCH, SYNAGOGUE, OR OTHER PLACE OF WORSHIP OR AS A SCHOOL, MAKE ADMINISTRATIVE CHANGES, AND PROVIDING AN EFFECTIVE DATE, APPLICATION 23064.
WHEREAS, the City of Bozeman (the “City”) has adopted land development and use
standards to protect public health, safety and welfare and otherwise execute the purposes of
Montana Code Annotated §§ 76-1-102, 76-2-304, 76-3-102, and 76-3-501; and
WHEREAS, pursuant to the Bozeman City Charter, the City of Bozeman has adopted and
is hereby relying upon its self-government powers recognizing pursuant to Montana law such self-
government powers must be liberally construed in favor of such power; and
WHEREAS, section 16-3-306(4), MCA recognizes the City’s authority to supplant the
provisions of 16-3-306(1) regarding state law distance limitations from certain uses for the location
of state issued retail alcohol licenses; and
WHEREAS, after proper notice, the Community Development Board in their capacity as
Bozeman Zoning Commission held a public hearing on June 26, 2023 to receive and review all
written and oral testimony on the proposed amendments.
WHEREAS, the Community Development Board in their capacity as Bozeman Zoning
Commission recommended to the Bozeman City Commission that Ordinance 2132, be approved
as proposed; and
WHEREAS, after proper notice, the City Commission held its public hearing on July 18,
2023, to receive and review all written and oral testimony on the proposed amendments; and
WHEREAS, the City Commission has reviewed and considered the applicable
amendment criteria established in Montana Code Annotated § 76-2-304, and found that the
proposed amendments are in compliance with the criteria; and
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF BOZEMAN, MONTANA:
89
Ordinance 2132, Alcohol Exemption Separation Standards Text Amendment
Ord. 2124 Page 2 of 6
Section 1 That Section 4.02.020 – License; exceptions, Bozeman Municipal Code shall be amended as
follows:
A. The sale of alcoholic beverages is permitted only in districts authorized in chapter 38 of this code to allow such sales.
B. The limitations set forth in MCA 16-3-306(1) do not apply to:
1. Restaurants, as defined in chapter 38, The sales of alcohol for on-premises consumption located within a commercial, mixed use, or industrial zoning district serving alcohol pursuant to a state issued restaurant beer and wine alcohol retail license as defined in the Montana Alcoholic Beverage Code;
2. Temporary events such as fairs, weddings, or sporting events serving alcohol
using a catering endorsement regardless of the type of state issued on premises retail license as defined in the Montana Alcoholic Beverage Code.
3. Restaurants, as defined in chapter 38, located within the B-2M and B-3 zoning districts serving alcohol pursuant to a state issued beer with wine amendment
retail alcohol license as defined in the Montana Alcoholic Beverage Code.
Restaurants serving alcohol pursuant to this subsection must comply with 38.360.060.
C. Nothing in this article shall be construed to allow a business license for the sale of alcohol to be unilaterally approved and all must apply for and receive such land use
approvals as set forth in chapter 38.
Section 2 That Section 4.02.030 – City license required; application; license fees, Bozeman Municipal
Code shall be amended as follows:
A. No person shall manufacture or sell alcohol in the city, under the provisions of the
Montana Alcoholic Beverage Code, or at all, without first procuring a license to do so
from the city. Application for a city license shall be made to the city manager on a form
to be provided by the city treasurer. Separate licenses shall be required for the sale of
beer and for the sale of wine. The application will be signed by the applicant, notarized,
include the license fee and contain, at a minimum, the following information:
1. Applicant's name, age, and address, phone number, and email address;
2. The business' name and address or, in the case of a transfer or relocation, the address of the proposed new location;
3. The type of alcohol beverage license either applied for or granted by the state, the date it was granted and expiration date;
4. A short statement of the applicant's purpose for obtaining the license;
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4. A short explanation for the applicant's benefit explaining the city's authority to
revoke or suspend the business license in response to a similar action by the state.
B. The application shall be filed with the city treasurer and presented for the consideration
of the city manager. The city manager may use discretion to postpone any action for investigation or other good cause.
C. If the application is rejected, the reasons must be noted on the application, the applicant notified, and the tendered fee returned.
D. License fees must be payable in advance and shall accompany the application therefor,
whether original or renewal. All licenses under this article will expire at 12:00 midnight of December 31, in the year for which such license is issued. In the event that a license is granted after June 30 of any year, the license fee will be one-half of the entire yearly license.
E. If the entire yearly license fee has been paid in advance and the business under the license
is discontinued before July 1 in the year in which such license is granted, the city treasurer will refund one-half of the yearly license fee upon surrender of the license.
Section 3
That Section 4.02.050 – Special permits – When granted, Bozeman Municipal Code shall be
amended as follows:
A. The city manager, with discretion and upon application, may grant a special permit to sell alcohol beer or wine for consumption on the premises to the following:
1. Any association or corporation conducting a picnic, convention, fair, civic or
community enterprise or sporting event within the city limits;
2. A nonprofit arts organization, organized and operated for the principal purpose of providing artistic or cultural exhibitions, presentations, or performances for viewing or attendance by the general public, to be served at an exhibition, production, performance or program for on-premises consumption; and
3. Any other organization or for any other reason the city manager, with discretion, determines should be allowed to serve or sell alcohol during a function.
B. The application for a special permit shall be granted only upon the organization acquiring a special permit from the state as provided in the Montana Alcoholic Beverage Code. The
applicant must specify the location and nature of the event and the period it is scheduled
to be held. All applications will be signed by one or more of the association's officers, will be notarized and will be accompanied by the amount of the permit fee. The permit issued under this section will not authorize the sale of alcohol beer or wine for a longer period than one day before the event is scheduled to begin and one day after the event has
been concluded.
Section 4
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That Section 4.03.030 – Same – Application; form, contents and filing, Bozeman Municipal
Code shall be amended as follows:
A. Applications for license under the provisions of this article shall be in writing, and signed
and sworn to by the applicant before a person authorized to administer oaths.
B. The application for license shall be on a form adopted by the city manager.
Section 5
That Section 38.360.060 – Alcohol sales for on-premises consumption, Bozeman Municipal
Code shall be amended as follows:
A. Alcohol sales for on-premises consumption, on either a temporary or permanent basis, may not be conducted on the same lot or premises where an adult business or the sale of auto retail fuel is permitted.
B. Pursuant to section 4.02.020, the restrictions in MCA 16-3-306(1) do not apply to:
1. In zoning districts authorized to serve on premise alcohol, a restaurant if the restaurant serves alcohol on premises only pursuant to a state issued restaurant beer and wine license or to a person operating a temporary event using a catering endorsement; or
2. Restaurants located within the B-2M and B-3 the sales of alcohol for on-premises
consumption zoning districts if the restaurant serves alcohol on premise only pursuant
to a state issued alcohol retail beer license with wine amendment as long as such restaurant establishment complies with the following requirements and provides the city an annual certification with its business license application of such compliance:
a. All alcohol is sold for on premises consumption only;
b. The restaurant must have individually priced meals prepared and served for on-
site dining;
c. Must have a dining room, kitchen and necessary employees for preparing food on the premises;
d. The restaurant must serves an evening meal at least four days a week for at least
two hours a day between the hours of 5:00 p.m. and 11:00 p.m. and if food is served beyond these hours may only sell alcohol between the hours of 11:00 a.m. and 11:00 p.m.;
e. Gambling or gaming is prohibited;
f. Alcohol must be stored on premises; and
g. Must prevent self-service of alcohol.
C. Sales of alcohol for on-premises consumption in the M-1 and M-2 districts are permitted
with the following conditions:
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1. Restaurants serving alcoholic beverages are limited to those with state beer and wine
licenses issued since 1997, prohibiting any form of gambling and occupying not more
than 45 percent of the total building area of a food processing facility; and/or
2. Retail sales for on-premises consumption of alcohol produced on site, not to exceed
10,000 square feet or 50 percent of the facility, whichever is less.
Section 6
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect.
Section 7
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provision of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect.
Section 8
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole.
Section 9
Codification.
The provisions of Section 1-5 shall be codified as appropriate in the Bozeman Municipal
Code. All references within the Bozeman Municipal Code shall be revised to reflect the changes
in this ordinance.
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Section 10
Effective Date.
This ordinance shall be in full force and effect on August 31st, 2023.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 18th day of July, 2023.
____________________________________ CYNTHIA L. ANDRUS Mayor
ATTEST: _________________________________
MIKE MAAS City Clerk FINALLY PASSED, ADOPTED, AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the
_______________ day of ________, 2023.
____________________________________ CYNTHIA L. ANDRUS Mayor
ATTEST: _______________________________
MIKE MAAS City Clerk APPROVED AS TO FORM:
____________________________________ GREG SULLIVAN City Attorney
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Page 1 of 14
23064 Staff Report for the Alcoholic Beverages and Sales Text Amendment,
Ordinance 2132
Public Hearings:
Community Development – June 26, 2023
City Commission – July 18, 2023
Project Description: Amend Section 4.02.020. License; exceptions, and Section
38.360.060. Alcohol sales for on-premises consumption to exempt all properties
from the requirements of MCA 16-3-306(1).
Project Location: Revision to the text is applicable City-wide.
Recommendation: Meets applicable criteria.
Community Development Board Motion: Having reviewed and considered the staff
report, draft ordinance, public comment, and all information presented, I hereby
adopt the findings presented in the staff report for application 23064 and move to
recommend approval of Ordinance 2132.
City Commission Recommended Motion: Having reviewed and considered the staff
report, draft ordinance, public comment, recommendation from the Community
Development Board, and all information presented, I hereby adopt the findings
presented in the staff report for application 23064, and move to provisionally adopt
Ordinance 2132.
Report: July 11, 2023
Staff Contact: Nakeisha Lyon, Associate Planner
Agenda Item Type: Action – Legislative
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 2
Project Summary ................................................................................................................. 2
Unresolved Issues ............................................................................................................... 3
Strategic Plan Implementation ............................................................................................ 3
Public Comment.................................................................................................................. 3
Community Development Board ........................................................................................ 4
Alternatives ......................................................................................................................... 4
SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 4
SECTION 2 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS ....................... 4
Section 76-2-304, MCA Zoning Regulations Criteria (A-K) ............................................. 5
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 11
APPENDIX A - DETAILED BACKGROUND AND PROJECT DESCRIPTION .............. 12
APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 13
APPENDIX C - APPLICANT INFORMATION AND REVIEWING STAFF .................... 13
FISCAL EFFECTS ................................................................................................................. 14
ATTACHMENTS ................................................................................................................... 14
EXECUTIVE SUMMARY
This report is based on the proposed ordinance text and public comment received to date.
Project Summary
The City periodically reviews its regulations to identify processes and standards which are no
longer necessary or a good fit for community needs. From time to time, Bozeman
constituents may bring forth to the attention of the City certain issues and provisions for
consideration. The City Manager has received requests from local business owners to review
the City’s exemption from the State of Montana’s restriction regarding licensing of alcohol
sales for on-premises consumption within 600 feet of a school or church. Per Sec. 16-3-
306(4), MCA, a local government is authorized to supplant the 600-foot rule. The City of
Bozeman has previously adopted provisions within Sec. 04.02.020.B and Sec. 38.360.060.B,
BMC to exempt temporary events using a state issued catering endorsement license or
special permit, restaurants with a state issued beer and wine license, and restaurants located
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within the B-2M and B-3 zoning districts with a state issued beer license with wine
amendment.
Based on the public requests to review the existing exemption process, The City Manager has
directed City staff to review the existing regulations, and begin an amendment process that
would consider alterations to the exemption standards which would foster further
opportunities for redevelopment, economic development, and support tourism within
Bozeman. City staff has studied the issue, inquired about the alcohol licensing process with
the State of Montana, and analyzed through Geographical Information System (GIS) the
locations in which would be impacted by the following proposed amendment.
As drafted, Ordinance 2132 would amend the municipal code to allow for applicable state
issued alcohol license holders to qualify for the local 600-foot rule exemption through the
appropriate permitting process if located within a commercial, mixed use, and industrial
zoning district. In addition, businesses operating on subject properties which qualify for the
exemption must meet and continue to meet the standards associated with their license as
administered by the State as well as additional criteria which includes the prohibition of
gambling or gaming, and conditions that may be associated with the appropriate permitting
process.
Unresolved Issues
None
Strategic Plan Implementation
2.1 Business Growth - Support retention and growth of both the traded and local
business sectors while welcoming and encouraging new and existing businesses, in
coordination with the Economic Development 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.
7.3 Best Practices, Creativity & Foresight - Utilize best practices, innovative
approaches, and constantly anticipate new directions and changes relevant to the
governance of the City. Be also adaptable and flexible with an outward focus on the
customer and an external understanding of the issues as others may see them.
Public Comment
Written public comment will be archived and available through the project folder in the
City’s Laserfiche archive. Comments provided orally at public meetings will be available
through the recordings of those public meetings. Links to recordings will be added to this
report as the review of the project moves forward. No comment received to date.
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Community Development Board
The Community Development Board (CDB) met on June 26, 2023 to consider the proposed
amendments. The video recording of the meeting is available through the City’s website.
Discussion of the amendment begins at 8:38 in the recording. Questions to staff and board
discussion begin at about 17:59. No public comments were received. The Board voted 6-0 to
recommend approval of the ordinance as written.
Discussion and concerns of the CDB included:
1. Overall support for Ordinance 2132.
2. Concerns regarding changing circumstances related to the special use permit process
(See additional information on page 8).
Alternatives
1. Recommend ordinance not be approved based on findings of non-compliance with the
applicable criteria contained within the staff report;
2. Recommend amendments prior to adoption; or
3. Open and continue the public hearing on the application, with specific direction to staff to
supply additional information or to address specific items.
SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS
Having considered the criteria established for a text amendment, the Staff finds the
amendments meet the minimum criteria for approval as proposed.
The Community Development Board in their capacity as the Zoning Commission held a
public hearing on these amendments on June 26, 2023, at 6 pm. The board recommended the
amendment be adopted.
The City Commission will hold a public hearing on the text amendment on July 18, 2023, at
6:00 p.m. and decide whether the amendments should occur or not.
SECTION 2 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS
In considering applications for amendment approval under this title, the advisory boards and
City Commission must consider the following criteria (A-D) and guidelines (E-K). As an
amendment is a legislative action, the Commission has broad latitude to determine a policy
direction.
A zone text amendment must be in accordance with the growth policy (criteria A) and be
designed to secure safety from fire and other dangers (criteria B), promote public health,
public safety, and general welfare (criteria C), and facilitate the provision of transportation,
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water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to
approve a zone text amendment the Commission must find Criteria A-D are met.
In addition, the Commission must also evaluate guidelines E-K as factors for consideration,
and may find the zone text amendment to be positive, neutral, or negative with regards to
these considerations. To approve the zone text amendment, the Commission must find the
positive outcomes of the amendment outweigh negative outcomes for guidelines E-K.
In determining whether these criteria and guidelines are met, Staff considers the entire body
of plans and regulations for land use and development. Standards which prevent or mitigate
negative impacts are incorporated throughout the entire municipal code but are principally in
Chapter 38, Unified Development Code.
The existing municipal code provisions regulating alcohol licensing and the sale of alcohol
for on-premises consumption were, at the time of adoption, found to satisfy all of the
required criteria. As such, the focus of this report is only on the amendments proposed.
Where a finding of neutral is presented, it means that the criteria or guideline has been
considered and the change does not materially advance or detract from compliance.
Therefore, a finding of neutral is not necessarily an indication of a deficiency in the proposed
amendments or the existing standards.
Section 76-2-304, MCA Zoning Regulations Criteria (A-K)
Zoning regulations must be:
A. Be in accordance with a growth policy.
Yes, criterion is met. The proposed amendments are in conformance with the growth policy.
As the growth policy provides a high level vision of how a community hopes to develop over
time, it does not dictate uses or specific standards to the level of detail contained in this
ordinance. However, it does identify issues and priorities for consideration with specific
goals and objectives that are desired outcomes. In determining appropriateness of a particular
zoning ordinance, the Commission must find a balance that best advances the interests of the
community without prioritizing one goal or objective over another which could lead to the
detriment of the remainder of the goals and objectives of the Bozeman Community Plan.
Bozeman adopted a new growth policy in November 2020.
The Bozeman Community Plan 2020 (BCP2020), adopted in November 2020, establishes the
City’s policies for land development. It continues concepts and community priorities that
were established in several prior growth policies. Prior growth policies encouraged creation
of development standards that supported predictable review processes and addressed areas of
community concerns.
The BCP2020 includes the following relevant goals and objectives:
R-1.1 Be reflective: use past experience to inform future decisions.
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R-1.7 Be flexible: willingness and ability to adopt alternative strategies in response to
changing circumstances.
DCD-3.5 Encourage increased development intensity in commercial centers and near
major employers.
EE-1.1 Support the goals and objectives outlined in the Bozeman Economic
Development Strategy.
The Economic Development Strategy (2023) is an issue plan addressing matters of
employment and job creation and establishes a solid approach for economic development
centered on various strategies. This ordinance supports the following strategies and goals of
said plan:
2. Support a Diverse Economy: Economic vitality for individuals requires a resilient
economy that can withstand economic shocks as witnessed during the pandemic. A
resilient economy is diverse in business size as well as industry types. Various
businesses provide diverse services and products and enable innovation of new
products. Larger traded sector companies offer individuals careers with stability and
benefits and an employment base to support local sector companies. Meanwhile, local
sector companies can serve as a gateway for underrepresented people to build a
business and wealth.
3.3. Develop a sustainable city: Government does not create jobs; it creates a great
environment to attract and retain businesses that create jobs. Companies are seeking to
invest in sustainable and resilient communities that provide a good return on investment.
The City of Bozeman should continue to build innovative infrastructure to develop
sustainably and provide certainty to investors. The city can foster a culture of resilience
and efficiency to help bounce back from environmental impacts (e.g., wildfires, limited
water supply).
Commercial, mixed-use, and industrial zoning districts are destinations for food, social
activity, and culture that are often associated with the consumption of alcohol within the City
of Bozeman. Many of the existing examples of schools or places of worship proximate to the
sale of alcohol for on-premises consumption are due to non-conforming situations within our
community as allowed based on exemptions through State law and City regulations given the
age of an establishment and/or its association to other uses. Given these circumstances, the
City, in accordance with goal R-1.1. is reflective on the existing conditions within our
community to use these past decisions to inform how we regulate the sale of alcohol for on-
premises consumption.
As the existing regulations have allowed exemptions for the sale of alcohol for on-premises
consumption associated with restaurants with specific State issued license types and
temporary events within the 600 foot separation distance, it’s important for the City to be
flexible in responding to the changing circumstances that come with this use per goal R-1.7.
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Many of the subject properties impacted by this change are constrained based on existing
conditions, were previously exempt, or this rule was not applicable by not meeting the
entirety of Administrative Rule 42-12-129.
In accordance with goal DCD-3.5, the allowance of the sale of alcohol for on-premises
consumption within the 600 foot separation distance supports the opportunity to increase
development intensity within these established areas such as Downtown, Midtown, and other
locations within the City and in commercial centers. These amendments also support the
goals and objectives outlined in the Bozeman Economic Development Strategy per EE-1.1.
Goal 3 of this plan focuses on creating a resilient and diverse economy through variety in
business size and industry types. The food sector and service industries, which are associated
with the sales of alcohol for on-premises consumption, were impacted by the pandemic
causing alcohol licensing executed at the State level to slow down. Many establishments had
to adapt by providing more innovation and diverse services (drinks to-go, sale of alcohol for
off-premises consumption, in-room beverages within hotels/motels, etc). Upon coming out of
the pandemic, prices for alcohol licenses have surged within the State and are now starting to
lower. The additional allowance of the sales of alcohol for on-premises consumption has
potential impacts on the creation of new businesses within the Gallatin Valley or a new
avenue of revenue generation existing businesses can explore. These opportunities may
provide individuals with careers and employment opportunities not otherwise available. This
also supports goal 3.3 regarding how the government can provide a great environment that
attracts and retains businesses that create jobs.
Finally, the level of detail associated with the text amendment is beyond the specificity found
and intended in the Community Plan.
No element of the proposed ordinance affects the future land use map as the process
amendments do not change zoning district boundaries. Therefore, no analysis of
correspondence to the future land use map is provided.
B. Secure safety from fire and other dangers.
Yes, criterion is met. All other applicable development standards and building code standards
for fire resistance, exiting, and other protections remain in place and will apply to utilize this
special exemption to establish or provide the ability to consumption alcoholic beverages on a
given property. Building and fire standards and codes are designed to mitigate impacts,
provide a safe environment, and protect from various dangers. The City has extensive
experience with these standards and monitors and amends standards as needed. Review of
individual applications through special use permits, site plan, subdivision, or other reviews
will provide an opportunity to check for functionality accordingly as well as include
additional conditions to prevent fires and other dangers.
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C. Promote public health, public safety, and general welfare.
Yes, criterion is met. The existing standards addressing this criterion remain in place such as
floodplain protections, provision of water and sewer services, and similar. Standards remain
for setbacks, light and air, emergency services, and other issues to protect public health and
physical safety. Specific standards are proposed designed to mitigate negative outcomes of
allowing all properties within the separation distance to utilize such exemption. Special use
permits are required for review in all of the commercial, mixed-use, and industrial zoning
districts in which the use of alcohol sales for on-premises consumption are permitted. In
addition, annual business licenses are required as with all business operating in the City
limits.
Discussion by the Board on this text amendment at the CDB hearing expressed concerns on
the ability to reevaluate special use permits or conditional use permits previously granted.
One board member expressed concerns with on-going monitoring of changing circumstances
or conditions that may be associated with the previously approved permit process with the
City. The City is able to revoke or terminate a special use or conditional use permit per Sec.
38.230.1 of the BMC. As the special or conditional use was granted upon the local
circumstances and regulatory requirements at that time, the City acknowledges that these
may change and the use may no longer be appropriate to a location. A special use permit will
be considered as terminated and of no further effect if: after commencement, the approved
use is not actively conducted on the site for a period of two continuous calendar years, final
zoning approval to reuse the property for another use is granted, or the use or development of
the site has not begun within the time limits of the final plan approval in Sec. 38.230.140.
Additionally, the City has an annual permitting process for alcohol licenses within our
jurisdiction in addition to the licensing required by the State. The State licenses must be
renewed on an annual basis with the State actively monitoring these locations in order to
suspend, terminate, or revoke alcohol licenses accordingly if the establishment is in violation
of the provisions of the Montana Alcoholic Beverage Code.
Chapter 4, Alcoholic Beverages, of the Bozeman Municipal Code includes other provisions
that are not modified by this text amendment detailing the City’s alcohol policies to ensure a
safe and healthy environment for its residence. This includes provisions regarding the
prohibition of public drinking and open containers unless an exception or waiver is issued
accordingly by the City of Bozeman.
In addition to the open container provision, existing Section 4.04.010.A & B. denotes that the
supply and sale, possession, and consumption of alcohol by persons leads to significant
problems and hazards if consumption of alcoholic beverages occurs in an irresponsible
manner, especially by minors. These behaviors have negative and detrimental impacts on the
community. They are considered a nuisance which may disturb public health, public safety
and the general welfare of Bozeman residents. Section 4.04.010.C. states the intent of the
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City Commission to address those areas related to alcohol access, consumption and usage
which are not otherwise addressed by the current law in the State.
Violations specifically addressed by state law include the Endangering Welfare of Children
(MCA 45-5-622), Unlawful Transactions with Children (MCA 45-5-623), Unlawful Attempt
to Purchase or Possession of Intoxicating Substance (MCA 45-5-624), Driving under the
Influence of Alcohol or Drugs or Operation with Alcohol Concentration of .08 or More
(MCA 61-8-401 and 61-8-406), and Operation of Vehicle by Person under Twenty-One with
Alcohol Concentration of .02 or More (MCA 61-8-410) . These are enforced within the city
under those laws in addition to Disorderly Conduct and Public Nuisance (MCA 45-8-101 and
45-8-111) which are addressed by state code. The City also has adopted noise ordinances to
ensure adequate public safety and a healthy environment. Applicable noise standards are in
Chapter 16, article 6, as applicable. See also responses to Criteria B and D.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Yes, criterion is met. Standards for the provision of municipal transportation, water,
sewerage, schools, parks, and other public requirements are not being altered. Any proposed
businesses falling under this use classification will be required to meet all other applicable
standards for transportation, water and sewer utilities. Applicable planning applications and
building permitting processes that may be required if this use classification is proposed are
required to demonstrate adequate services to meet this criterion. The use of alcohol for on-
premises consumption is a special use within zoning districts. Therefore, a special use permit
must be reviewed and approved by the City of Bozeman’s Community Development
Department and other applicable departments prior to the use occurring on the subject
property. Applicable conditions as deemed necessary by the review authority to mitigate
negative impacts may be associated with the special use permit in order to address this
criterion.
The city shall also consider:
E. Reasonable provision of adequate light and air.
Yes, criterion is met. No changes within these amendments impact basic standards for
setbacks, maximum building height, dedication of parks, on-site open spaces, or similar
standards are included. Building designs and locations may vary based on site specific needs
and layouts. The City’s commercial, mixed-use, and industrial development standards ensure
adequate provisions of light and air. Considering the code as a whole, the standards listed in
this criterion are not being changed with these amendments. Therefore, the standard
continues to be met.
F. The effect on motorized and non-motorized transportation systems.
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Yes, criterion is met. No changes within these amendments impact basic standards for
dedication of right of way, provision of and construction of streets, or similar standards are
included. Considering the code as a whole, the standards listed in this criterion are not being
changed with these amendments. Therefore, the standard continues to be met.
G. Promotion of compatible urban growth.
Yes, criterion is met. These amendments support continued compatible urban growth within
the City by providing further urban development standards. Many different configurations of
uses and buildings can coexist well. The City has adopted many standards to identify and
avoid or mitigate demonstrable negative impacts of development. The City retains the ability
to establish conditions to further mitigate negative impacts identified during the site plan,
special use permit, and subdivision processes. Considering the code as a whole, the standards
listed in this criterion are not being changed with these amendments. Therefore, the standard
continues to be met.
H. Character of the district.
Yes, criterion is met. All zoning districts provide for a variety of principal, accessory, and
special uses. Those uses vary by district. The uses range in intensity and likely size. No
single use defines the entirety of any zoning district. Sales of alcohol for on-premises
consumption is a permitted use in B-1, B-2, B-2M, B-3, UMU, REMU, NEHMU, M-1, and
M-2 through a special use permit. This amendment to allow properties within this 600 foot
separation distance supports the continued evolution of each of these districts and promotes
infill revitalization, economic development, and business growth. Existing exemptions to
MCA 16-3-306 (1) have been previously adopted in Chapter 4 and Chapter 38. The amended
reporting and enforcement measures will enable better compliance with city requirements
and will serve to support the maintenance of the character of each zoning district. The
combination of uses and other characteristics remain intact and were previously found to be
consistent with this criterion. Therefore, the standard continues to be met.
I. Peculiar suitability for particular uses.
Yes, criterion is met. The proposed amendments allow properties within this 600 foot
separation distance as permitted in MCA 16-3-306 (4) and does not change any districts or
uses. No changes to the zoning boundaries are proposed with these amendments. The City
has adopted a range of zoning districts to address different needs. The zoning districts are
amended from time to time as needs of the City and its residents change. Many different
configurations of uses and buildings can coexist well. The City’s growth policy and allowed
land uses per zoning district encourage mixed uses. The location of zoning districts has
previously been found to be appropriate. The authorized use tables have been previously
reviewed for consistency with the intent and purpose of individual districts and found to be
appropriate. This proposal amends the text only and not the zoning map. The combination of
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23064, Staff Report for Alcohol Exemption Separation Standards ZTA Page 11 of 14
uses and other characteristics remain intact and were previously found to be consistent with
this criterion. Therefore, this criterion remains met.
J. Conserving the value of buildings.
Yes, criterion is met. The proposed amendments allow properties within this 600 foot
separation distance as permitted in MCA 16-3-306 (4) and does not change any districts or
uses in which would cause buildings to become non-conforming to the district in which they
are located. Considering the code as a whole, the standards listed in this criterion are not
being changed with these amendments. Therefore, the standard continues to be met.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Yes, criterion is met. The zoning map and future land use map of the growth policy identify
areas where specific uses are generally appropriate. However, both occur at a coarse level of
detail and do not authorize construction. The proposed amendments do not alter the allowed
uses in zones nor does it change review processes. Site specific review for compliance with
standards prior for construction will continue to be required. This amendment is consistent
with the growth policy including the future land use map, see Criterion A. Therefore, the
criterion is met.
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT
INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME
EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION. The City will accept written protests from property owners against the proposal
described in this report until the close of the public hearing before the City
Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s)
of real property within the area affected by the proposal or by owner(s) of real property that
lie within 150 feet of an area affected by the proposal. The protest must be in writing and
must be signed by all owners of the real property. In addition, a sufficient protest must: (i)
contain a description of the action protested sufficient to identify the action against which the
protest is lodged; and (ii) contain a statement of the protestor's qualifications (including
listing all owners of the property and the physical address), to protest the action against
which the protest is lodged, including ownership of property affected by the action. Signers
are encouraged to print their names after their signatures. A person may in writing withdraw
a previously filed protest at any time prior to final action by the City Commission. Protests
must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230,
Bozeman, MT 59771-1230.
As of the writing of this report, no written protest against the changes have been received.
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23064, Staff Report for Alcohol Exemption Separation Standards ZTA Page 12 of 14
APPENDIX A - DETAILED BACKGROUND AND PROJECT
DESCRIPTION
In conformance with the Montana Alcoholic Beverage Code, The City has regulated the
allowance of alcoholic licenses and alcohol sales for on-premises consumption for decades.
Based on 16-3-306 (1), Montana Code Annotated (MCA), retail licenses for alcohol are not
permitted to any business or enterprises whose premises are within 600 feet as a building
used exclusively as a church, synagogue, or other place of worship or as a school other than a
commercially operated or postsecondary school. Sec. 42.12.129, Administrative Rules of
Montana (ARM) provides a three-part test for the determination of proximity to a place of
worship or school. If the above mentioned test is not met in its entirety, the provisions of 16-
3-306, MCA do not apply. Several existing establishments permitted for the sale of alcohol
for on-premises consumption have not met the entirety of the three-part test and exist in
harmony near a school or place of worship.
Additionally, as denoted in 16-3-306 (4), MCA, this separation distance requirement does not
apply if the applicable jurisdiction of a local government has supplanted said provisions as
authorized in 16-3-309, MCA. The City has previously adopted provisions within Sec.
04.02.020.B and Sec. 38.360.060.B, BMC to exempt the following uses from the limitations
of 16-3-306 (1):
• Restaurants serving alcohol under a stated issued beer and wine retail alcohol
license
• Temporary events such as fairs, weddings, or sporting events serving alcohol
using a catering endorsement
• Restaurants located in B-2M and B-3 serving alcohol under a beer with wine
amendment retail alcohol license
The City Manager has directed City staff to prepare the text amendment described in this
staff report and attached as Ordinance No. 2132 to provide for an exemption to the State’s
distance rule for all license types. This is in an effort to support the hospitality, food and
service industries, and allow for further opportunities for business growth while continuing to
require compliance with adopted standards necessary to protect the public, general welfare,
and safety. The sales of alcohol for on-premises consumption is a permitted use in B-1, B-2,
B-2M, B-3, UMU, REMU, NEHMU, M-1, and M-2 through a special use permit. The
special use permit provides an opportunity for public comment and for the City to associate
conditions unique to an individual project to address areas of concern identified during the
review process. The continuation of this development process allows for the appropriate
consideration in addressing potential adverse impacts that may be site specific to certain
locations within these areas.
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23064, Staff Report for Alcohol Exemption Separation Standards ZTA Page 13 of 14
City staff has studied the issue, inquired about the alcohol licensing process with the State of
Montana, and analyzed through Geographical Information System (GIS) tools the
appropriate locations to be impacted by these amendments. The State has numerous license
types, however, three pertain specifically to the sale of alcohol for on-premises consumptions
within our jurisdiction; City All-Beverages, Beer and Wine, and Restaurant Beer and Wine.
The City currently has 91 active alcohol licenses for the sale of alcohol for on-premises
consumption. Representatives from the State Department of Revenue, the agency assigned to
regulate the sale of alcohol, estimate that there may be only a few additional alcohol licenses
issued per year for the Bozeman area. Based on these amendments, 161 parcels would
qualify for this exemption. Attachment 2, Map Series, includes illustrations showing the
location of current active alcohol license holders, impacted parcels, and two subject location
exhibits for Bozeman High School or Hawthorne Elementary School to provide a closer view
on existing conditions, limitations, and opportunities within these areas.
As drafted, Ordinance 2132 would amend the municipal code to allow for applicable state
issued alcohol license holders to qualify for the local 600-foot rule exemption through the
appropriate permitting process if located within a commercial, mixed use, and industrial
zoning district. In addition, businesses operating on subject properties which qualify for the
exemption must meet and continue to meet the standards associated with their license as
administered by the State as well as additional criteria which includes the prohibition of
gambling or gaming, and conditions that may be associated with the appropriate special use
permitting process.
APPENDIX B - NOTICING AND PUBLIC COMMENT
Notice for text amendments must meet the standards of 38.220.410 & 420. Notice was
published in the Bozeman Daily Chronicle on 6/10/2023, 6/24/2023, and 07/15/2023. These
notices contain all required elements. Notice was provided at least 15 days before the public
hearing conducted by the Community Development Board in their capacity as the Zoning
Commission, and not more than 45 days prior to the City Commission public hearing.
Hearing dates are on the first page of this report.
No written or oral public comments have been received so far on this Ordinance. Comments
are available through the Laserfiche archive. If comments are received they will be placed in
the project folder in Laserfiche.
APPENDIX C - APPLICANT INFORMATION AND REVIEWING
STAFF
Applicant: City of Bozeman, PO Box 1230, Bozeman, MT 59771
Representative: Department of Community Development, City of Bozeman, PO Box 1230,
Bozeman, MT 59771
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23064, Staff Report for Alcohol Exemption Separation Standards ZTA Page 14 of 14
Report By: Nakeisha Lyon, Associate Planner
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed
by this Amendment.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Attachment 1: Draft Ordinance 2132
Attachment 2: Map Series
108
Number of Active or Conditional on Premises Alcohol Licenses
Alcohol License
Places of Worship
Private Schools
Public Schools
600' Linear Buffer
Place of Worship
Private
Public 0 21Miles
¯
Beer / Wine: 47
All Beverage: 44
This map was created on 6/15/2023 by the City of Bozeman GIS Department and is intended for planning purposes only.
Ordinance 2132 Alcohol Exemption Separation (ZTA)
109
161 Affected Parcels
Affected Parcels
Places of Worship
Private Schools
Public Schools
600' Linear Buffer
Place of Worship
Private
Public 0 21Miles
¯
This map was created on 6/15/2023 by the City of Bozeman GIS Department and is intended for planning purposes only.
Ordinance 2132 Alcohol Exemption Separation (ZTA)
110
R-O
R-1
R-4
R-3
R-3
R-4
R-O
R-5
PLI R-4
R-2
R-O
R-3 R-4
B-2
B-2M
R-4
Bozeman High School Exhibit
Alcohol License
Affected Parcels
Zoning
Places of Worship
Public Schools
600' Linear Buffer
Place of Worship
Public 0 1,000500Feet
This map was created on 5/23/2023 by the City of Bozeman GIS Department and is intended for planning purposes only.
Ordinance 2132 Alcohol Exemption Separation (ZTA)
111
M-1
R-2R-3
B-3
Hawthorne Elementary School Exhibit
Alcohol License
Affected Parcels
Zoning
Public Schools
600' Linear Buffer
Public 0 500250Feet
This map was created on 5/23/2023 by the City of Bozeman GIS Department and is intended for planning purposes only.
Ordinance 2132 Alcohol Exemption Separation (ZTA)
112
Memorandum
REPORT TO:City Commission
FROM:Jon Henderson, Strategic Services Director
SUBJECT:Resolution 5496, Calling for Election for General Obligation Bonds and Mill
Levies for the Bozeman Community Center
MEETING DATE:July 18, 2023
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Approve Resolution 5496, calling for election for general obligation bonds
and mill levies for the Bozeman Community Center.
STRATEGIC PLAN:3.4 Active Recreation: Facilitate and promote recreational opportunities and
active health programs and facilities.
BACKGROUND:Introduction
The proposed Bozeman Community Center will serve as an inclusive shared
facility for aquatics, recreation, and branch library services providing
intergenerational recreation and education opportunities, adult and youth
programming, and a holistic approach to wellness to support a fast-growing
community.
Extensive planning and outreach demonstrate a significant need for
promoting public health by creating spaces accessible to all ages and abilities
with benefits well documented by the National Recreation and Park
Association, the American Red Cross, and the American Library Association.
Additionally, current City facilities are inadequate to provide for needs
throughout the community as population has almost tripled since
constructing the Swim Center in 1974 (292% from 1970 to 2022), with 1,083
kids currently on the wait list for swim lessons (as of 7/10/23).
Public Engagement
A wide range of public engagement conducted over the past six months is
intended to shape the overall design and programming to reflect needs of
the community. Significant input was received trough an Open House, a
Virtual Town Hall, and a Concept Design Presentation, in addition to
Commission Work Sessions focused on guiding principles and elements
included in the design.
Strong support for recreational swimming, including lap swimming and swim
113
lessons for youth, are captured in survey results, in addition to the desire for
entry-level fitness programming such as yoga and weight/cardio training, as
well as indoor climbing, basketball, and pickleball.
Needed Library services described in the survey results include access to a
variety of materials and quiet study areas, as well as life skills classes (e.g.,
personal finance, culinary arts, etc.) and maker space (e.g., workshop,
fabrication, textiles, etc.). Additional areas of substantial input include the
need for community event space and afterschool programming.
Focused efforts have been made to engage with underserved communities,
including Eagle Mount, Big Sky Youth Empowerment, and Hispanic / Latinx
families to ensure an inclusive experience that will benefit the entire
Bozeman community.
More information regarding public engagement can be found on the City’s
Engage Bozeman platform, where residents can sign up for regular updates.
Concept Design
The preferred concept design includes a full scope of services and programs
designed to meet both current and future needs based on community input.
While specific floorplans have not been completed at this early stage in the
design process, area calculations have been developed to support cost
estimates. Wherever possible, efforts have been made to align with the
City’s Climate Plan to ensure a sustainable design, including considerations
for efficient long-term operations.
The proposed Bozeman Community Center includes aquatics amenities such
as a leisure pool / indoor water park, a multi-purpose 25-yard pool, an
outdoor splash pad and deck area, a special events / party room, and
concessions within approximately 30,000 square feet.
The recreation component will include a two-court wood floor gymnasium,
multi-purpose recreation space, entry-level fitness elements such as cardio,
free-weights, circuit machines, stretching areas, and an indoor climbing wall
within roughly 28,000 square feet, in addition to outdoor pickleball courts.
The aquatics and recreation areas will also include 5,000 square feet for
family friendly locker rooms.
The branch Library will include adult, teen, and children’s collections, maker
space, a learning lab, a sensory room, a storytime room, and a garage for the
bookmobile within approximately 21,000 square feet.
Roughly 13,000 square feet of shared spaces for community events, café and
lounge, and private meeting rooms will serve as a common hub between
aquatics, recreation, and library areas, with an additional 7,000 square feet
for building support services.
114
The proposed location lies on property currently owned by the Bozeman
School District at the northeast corner of Durston and Cottonwood roads,
immediately west of Meadowlark Elementary, providing mutual benefits for
both the community and the District. The City and the District have entered
into a Memorandum of Understanding (see attached), which establishes a
collective understanding of the basis for a future formal agreement to
purchase the land from BSD#7, contingent upon voter approval of the bond.
The Library Board of Trustees unanimously endorsed the library portion of
the concept design at their May 10, 2023 meeting, per authority provided
under State statute.
The attached materials provide a complete description of space allocations
and draft renderings.
Operating Levy
An annual operating levy is necessary to run and maintain the facility,
including staff, materials and supplies, utilities, and a capital reserve. Cost
estimates for all components of the operating levy have been made through
extensive study to include projected revenues to help recover costs.
New and expanded program offerings will require staff support. Both
aquatics and recreation will see a significant increase in the ability to provide
a wider range of services to the community, including an increase in
adaptive programming. Examples of new services that would be activated
include a 25-yard pool, water walking/jogging, indoor climbing, and a 2-court
gymnasium, as well as a sensory room, and a large community event space.
Expanded programs include swimming lessons, lap and recreation
swimming, user group rentals, full day and afterschool camps, sports
leagues, pickleball, and adaptive sports. Additionally, there will be
opportunities for shared roles and responsibilities between Divisions, such as
intergenerational programming, wellness and healthy living classes, and
public meeting and event space.
Annual operating budgets for all Divisions are based on approved FY23
allocations and scaled accordingly based on expanded programming.
Estimates for utilities and maintenance contracts are included in the overall
cost estimate. Additionally, a capital maintenance reserve is included to
ensure adequate funding for upkeep over the lifecycle of the building.
The City contracted with Ballard*King & Associates, Ltd. to conduct a
demographic/market study, and cost analysis for the aquatics and recreation
portion of the project (see attached report). It is important to note that the
proposed rate structure for admission and membership to the recreation
center is based on the goal of the City to make this facility as accessible as
115
possible to the entire population, regardless of socio-economic status, with
50% subsidy for youth and seniors over the age of 55.
The attached materials provide a full picture of all anticipated operating
expenses.
Bond & Levy Amounts
Facility bond and operating levy estimates are based on all information used
to develop a comprehensive understanding of costs.
Total construction costs are estimated to be approximately $102,000,000. A
$3,000,000 donation from the Bozeman Public Library Foundation approved
by the City Commission on June 27, 2023 will be used to offset the total
construction cost, resulting in a final ask of $99,000,000 to be listed on the
ballot question submitted to voters. Thus, the facility bond will result in
roughly $252/yr. for the median homeowner over a 20-year period.
Annual operating expenses are estimated to be approximately $6,435,327
per year. Thus, the operating levy will result in roughly $213/yr. for the
median homeowner.
The total impact to the median homeowner is estimated to be
approximately $465/yr. This figure assumes a 4.5% interest rate for an FY23
median home taxable value of $467,000. It is important to note median
home taxable value represents assessments for tax purposes, which is
typically lower than market value.
The Library Board of Trustees unanimously endorsed the library portion of
both the bond and levy amounts at their June 21, 2023 meeting, per
authority provided under State statute.
Ballot Resolution 5496
Montana law requires that the City Commission adopt a resolution placing
the questions of selling bonds and adopting the operation levy on the ballot.
The resolution before the Commission conforms with the requirements of
Montana law to conduct an election by addressing subjects including the
Commission’s authority, a description of the “project” (i.e., the Bozeman
Community Center), and other issues such as that the sale of bonds will be
within the City’s statutory debt limit, and that the City may reimburse itself
out of the proceeds of the sale of bonds for expenditures made before the
bonds are sold. The resolution also contains issues required by Montana law
related to asking voters to approve the operational levy in perpetuity.
The resolution contains the specific ballot language for both questions
(Section 2). Section 3 address assumptions regarding the tax impact
statements that must appear on both questions as required by Montana law.
116
Other sections of the resolution are procedural, including a statement on
noticing the election, that the election will be conducted by mail ballot, and
the specific form of the ballots.
Resolution 5496 is similar in form to resolutions the Commission adopted to
place the Bozeman Public Safety Center on the ballot in 2018 and for the
park and recreation bonds from 2021.
Next Steps
Upon approval of Resolution 5496, a robust public education campaign will
be conducted August through October in anticipation of the November
election. Following a successful vote, design will occur in 2024, with
construction beginning as early as 2025 and completed no later than 2027.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As directed by the City Commission.
FISCAL EFFECTS:The facility bond will result in roughly $252/yr. for the median homeowner
over a 20-year period. The operating levy will result in roughly $213/yr. for
the median homeowner. The total impact to the median homeowner is
estimated to be approximately $465/yr. This figure assumes a 4.5% interest
rate for an FY23 median home taxable value of $467,000.
It is anticipated that philanthropy will be considered to provide
enhancements following the vote.
Attachments:
BSD#7 MOU.pdf
Space Allocations.pdf
Renderings.pdf
Ballard King Report.pdf
Facility Bond Budget Detail.pdf
Operating Levy Budget Detail.pdf
Mill Levy Calculation.pdf
Resolution 5496.pdf
Report compiled on: July 6, 2023
117
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
DocuSign Envelope ID: 7E1A040C-06A9-4DF7-98C7-26FDC48C0EA7
May16th
118
Net Total 93,612 GSF Total 103,648
Description Quantity Area Net Area
Circulation
Factor Gross Area Notes
10,925 12,649
Lobby 4,260 17% 4,984
Entrance + Vestibule 1 1,000 1,000
Pre Control Lobby 1 450 400
Town Square / Lounge 1 2,500 2,500 Doubles as pre-function space for Community
Room and seating for Café
Control Desk 1 240 240
Vending 1 120 120
Café 800 15% 920
Counter 1 400 400
Kitchen 1 400 400
Public Meeting Spaces 3,580 15% 4,117
Community Room 1 2,500 2,500 250 people plus
Chair Storage 1 400 400
Catering Kitchen 1 400 400
Storage 1 120 120
Storage 2 80 160 `
Shared Support 2,285 15% 2,628
Public Restrooms 2 360 720
Single Use Restrooms 6 64 384
Staff Restrooms 4 64 256
New Mothers Nursing Room 1 80 80
Break Room 1 300 300
Mail / Copy 2 80 160
Staff Lockers 1 180 180
BZN PD Touchdown / Resource Navig. 1 120 120
Friends of the Library Books sales 1 85 85
18,670 21,462
Library Entrance 1,240 15% 1,426
Customer Service 1 650 650
Staff Stations 1 65 65 only need one
Seating Area 1 425 425
Sensory Room 1 100 100 adjacent to Café?
Library Collections 11,600 16% 13,456
Adult Collections and Seating 1 5,000 5,000
Adult Service Desk 1 75 75
Teen Collection and Seating 1 1,500 1,500
Teen Service Desk 0 50 -
Children's Collection and Seating 1 4,000 4,000
Children's Storytime Area 1 800 800
Children's Service Desk 1 75 75
Children's Storage 1 150 150
Library Meeting Rooms 2,420 15% 2,783
4 Person study Rooms 1 100 100 1 (of 2) moved to Shared
2 Person Study Rooms 2 60 120 (1) fit out as recording studio
Flex / Meeting Room / Learning Lab 1 1,000 1,000 Flexible Room for Programming
30 Person Maker Space 1 1,000 1,000
Storage 1 200 200
Library Staff Spaces 2,160 15% 2,484
Staff Workstations 6 65 390
Private Offices 1 120 120
Sorter & Circulation Work Room 1 1,000 1,000
Prep Room 1 500 500
Staff Meeting Room 1 150 150
Book Mobile 1,250 5% 1,313
Book Mobile 1 1,250 1,250 50' x 25' - for vehicle + collections
Bozeman Community Center
BRANCH LIBRARY SHARED
Working Program
7/10/2023
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Net Total 93,612 GSF Total 103,648
Description Quantity Area Net Area
Circulation
Factor Gross Area Notes
Bozeman Community Center
Working Program
7/10/2023
25,754 27,609
Facility Administration Spaces 1,554 10%1,709
Facility Supervisor Office 1 180 180
Assistant Facility Supervisor 1 100 100
Program Workstations 6 80 480
Administrative Assistant 1 100 100
Counting Rooms 1 80 80
Work Room 1 140 140
Break Room 1 160 160
Staff Meeting Room 1 150 150
Server Room 1 100 100
Storage 1 64 64
Gymnasium 14,000 5% 14,700
Gymnasium 2 6,700 13,400 84x50 HS Basketball
Storage 1 600 600
Fitness 4,950 10% 5,445
Cardio Training 1 2,000 2,000
Circuit Resistance Training 1 1,200 1,200
Free Weights Training 1 1,000 1,000
Fitness Supervisor Station 1 50 50
Stretching Area 1 500 500
Storage 1 200 200
Studios 4,850 10% 5,335
Aerobics / Dance Studio (15-20) 2 900 1,800
Multi-Purpose Space (rec. programming) 1 2,500 2,500 divisible
teaching kitchen 1 250 250 opens to multi-purpose
Storage 1 300 300 could be shared
Climbing Wall 400 5% 420
Climbing Wall 1 350 350
Storage 1 50 50
28,413 30,078
Aquatics Support 768 10% 845
Guard Room 1 300 300
Aquatics Supervisor 1 100 100
Head Lifeguard Office 1 100 100
First Aid 1 140 140
Single Use Restrooms 2 64 128
Pool 24,505 5% 25,730
Leisure Pool / Water Park 1 7,500 7,500
Competition Pool 1 5,560 5,560
Deck Area 1 9,795 9,795 75%75% of water area
200 Person Spectator Seating (6 rows) 1 1,200 1,200
Concessions at Pool Deck 1 450 450
Pool Support 2,160 10% 2,376
Pool Equipment Room 1 1,600 1,600
Chemicals 2 80 160
Pool Storage 1 400 400
Public Meeting Spaces 980 15% 1,127
Wet Classroom / Party Room 1 900 900
Party Room Storage 1 80 80 RECREATIONAQUATICS120
Net Total 93,612 GSF Total 103,648
Description Quantity Area Net Area
Circulation
Factor Gross Area Notes
Bozeman Community Center
Working Program
7/10/2023
4,020 5,146
Lockers 4,020 28% 5,146
Men's Locker Room
Lockers 125 6.5 813 12x18 two tier
Showers 6 30 180
WC /Urinals 7 25 175
Grooming 10 20 200
Women's Locker Room
Lockers 125 6.5 813
Showers 6 30 180
WC /Urinals 7 25 175
Grooming 10 20 200
Family | Non-Gendered Changing Rooms 8 120 960
Family | Non-Gendered Lockers 50 4.0 200
Day Use Lockers 50 2.5 125 18x18 four tier
5,830 6,705
Support Spaces 5,830 15% 6,705
MDF 1 250 250
Telecom Rooms 2 120 240
Main Electrical 1 600 600
Mechanical Rooms 1 2,000 2,000
Custodial Closets 3 80 240
Custodial Workroom / Supply 1 300 300
Water Entry 1 400 400
Loading Dock 1 300 300
Receiving 1 300 300
Maintenance Office 1 200 200
Snow Removal & Grounds Equipment Stor 1 400 400
General Building Storage 1 600 600
BUILDING AREA SUMMARY Net Gross
Shared 10,925 12,649
Library 18,670 21,462
Recreation 25,754 27,609
Aquatics 28,413 30,078
Lockers 4,020 5,146
Building Support 5,830 6,705
Net Total 93,612 GSF Total 103,648
Outdoor Program - -
Outdoor Aquatics
Splash Pad 1 3,000
Deck 1 1,500
Pump room 1 1,000
Storage 1 200
Outdoor Misc. Support
Library Book Drop close to drive + Book Mobile Driveway to Garage
OUTDOOR PROGRAM TOTALS SUPPORT LOCKERS
121
BOZEMAN COMMUNITY CENTER
04.14.23 | Landscape Concept Sketch
SCALE: 1” = 20’
0 10 20 40
KEY NOTES:ENTRY ALLEEPARKINGENTRY PLAZA123
1
1
1
2
2
2
2
3
3
2LAWN SPACE4
4
4
4
OUTDOOR READING/GATHERING5
5
SHADE STRUCTURE6
6
6 6
6
LARGE GATHERING SHELTER7
7
ALL WHEELS LOOP8
8
STORM WATER DETENTION9
9
9
9
SERVICE ENTRY10
10
NATURE PLAY CIRCUIT11
11
11 11
PICKLE BALL COURTS12
12
12
BIO-SWALE 13
13
13
SPLASH PAD14
14
LANDSCAPE BUFFER15
15 15
SKATE LOOP
COVERED ENTRY
SCULPTURAL STEEL FIN
16
17
18
16
18
18
17
BOZEMAN COMMUNITY CENTER
LOCATION
Meadowlark
Elementary
Annie St.
Durston Rd.Cottonwood Rd.Flanders Mill Rd.VICINITY MAP
Site
I-90
19th ave.Main st.
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SHADE STRUCTURE6
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LARGE GATHERING SHELTER7
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ALL WHEELS LOOP8
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STORM WATER DETENTION9
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SERVICE ENTRY10
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NATURE PLAY CIRCUIT11
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PICKLE BALL COURTS12
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BOZEMAN COMMUNITY CENTER
Resilience
Healthy,
Adaptive &
Efficient
Buildings
Responsible &
Reliable Clean
Energy
Vibrant and
Resilient
Neighborhoods
Diverse &
Accessible
Transportation
Options
Comprehensive
& Sustainable
Waste
Reduction
Regenerative
Greenspace,
Food systems &
Natural
Environment
Resilience
Healthy,
Adaptive &
Efficient
Buildings
Responsible &
Reliable Clean
Energy
Vibrant and
Resilient
Neighborhoods
Diverse &
Accessible
Transportation
Options
Comprehensive
& Sustainable
Waste
Reduction
Regenerative
Greenspace,
Food systems &
Natural
Environment
Healthy,
Adaptive &
Efficient Buildings
Responsible &
Reliable Clean
Vibrant and
Resilient
Neighborhoods
Diverse &
Accessible
Transportation
Options
Comprehensive &
Sustainable Waste
Reduction
Regenerative
Greenspace, Food
systems & Natural
Environment
Equity City AssetsHuman Health
and Well-Being
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ALL WHEELS LOOP8
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SERVICE ENTRY10
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BOZEMAN COMMUNITY CENTER
GYM
MULTI-PURPOSE ROOM
YOUTH CAMPS
COMMUNITY
ROOMS
PARTY
ROOM
BUILDING
SUPPORT
GYM
STOR
KITCHENETTE
CATERING /
TEACHING
KITCHEN
LOADING
LIBRARY
INDOOR
WATER PARK
MULTI-USE POOL
GUARDS
RESTROOMS
POOL
STORAGE
CAFE
TOWN
CENTER
SPLASH PAD
CLIMBING WALLCONCESSIONSKITCHEN / STOR
BOOK
STORE
SENSORY
ROOM
MOTHER’S
NURSING
LOUNGE
STOR
STORAGE
REC.
CHECK-INFITNESS CANYONFITNESS STAIRCIRULATION
DESK
BOOK MOBILE
PREP RRCONF.office
SORTER
STORY
TIME
FORUM STAIR
LEVEL 1
10’20’40’80’BZN COMMUNITY CENTER
FORUM STAIRMULTI-USE
POOL
BELOW
INDOOR
WATER PARK
BELOWFITNESS ‘ECOSYSTEM’REC LOUNGE
BELOWGYM
LIBRARY
TOWN
CENTER
BELOW
MAKER
SPACE
MEETING
ROOM
WALKING / JOGGING TRACK
BUILDING
SUPPORT
BUILDING
SUPPORT
SHADE CANOPY BELOWSTORAGEREC. OFFICESMULTI-PURPOSE FITNESS SUTDIOSFUNCTIONAL
FITNESS
WEIGHTSCARDIOSTRETCH
ADULT COLLECTION
TEEN COLLECTION
CLIMBING WALL
LEVEL 2
FITNESS
DESK
STORAGE
STORAGE
FITNESS TERRACE
LIBRARY BALCONYBALCONYRRCLIMBING WALLFITNESS CANYONBELOWFITNESS STAIRROOFBELOW
ROOF
BELOW
PLAN DIAGRAM
8’16’32’64’
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SERVICE ENTRY10
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BOZEMAN COMMUNITY CENTER
LEVEL 2
PLAN DIAGRAM
10’20’40’80’BZN COMMUNITY CENTER
FORUM STAIRMULTI-USE
POOL
BELOW
INDOOR
WATER PARK
BELOWFITNESS ‘ECOSYSTEM’REC LOUNGE
BELOWGYM
LIBRARY
TOWN
CENTER
BELOW
MAKER
SPACE
MEETING
ROOM
WALKING / JOGGING TRACK
BUILDING
SUPPORT
BUILDING
SUPPORT
SHADE CANOPY BELOWSTORAGEREC. OFFICESMULTI-PURPOSE FITNESS SUTDIOSFUNCTIONAL
FITNESS
WEIGHTSCARDIOSTRETCH
ADULT COLLECTION
TEEN COLLECTION
CLIMBING WALL
LEVEL 2
FITNESS
DESK
STORAGE
STORAGE
FITNESS TERRACE
LIBRARY BALCONYBALCONYRRCLIMBING WALLFITNESS CANYONBELOWFITNESS STAIRROOFBELOW
ROOF
BELOW
8’16’32’64’
10’20’40’80’BZN COMMUNITY CENTER
FORUM STAIRMULTI-USE
POOL
BELOW
INDOOR
WATER PARK
BELOW FITNESS ‘ECOSYSTEM’REC LOUNGE
BELOW
GYM
LIBRARY
TOWN
CENTER
BELOW
MAKER
SPACE
MEETING
ROOM
BUILDING
SUPPORT
BUILDING
SUPPORT
SHADE CANOPY BELOWSTORAGE REC. OFFICESMULTI-PURPOSE FITNESS SUTDIOSFUNCTIONAL
FITNESS
WEIGHTSWEIGHTS
ADULT COLLECTION
TEEN COLLECTION
LEVEL 2
FITNESS
DESK
STORAGE
STORAGE
FITNESS
TERRACE
LIBRARY BALCONYBALCONYRRCLIMBING WALLFITNESS CANYONBELOWFITNESS STAIRROOF
BELOW
ROOF
BELOW
STRETCH
CARDIO
125
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6 6
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LARGE GATHERING SHELTER7
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ALL WHEELS LOOP8
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STORM WATER DETENTION9
9
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SERVICE ENTRY10
10
NATURE PLAY CIRCUIT11
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11 11
PICKLE BALL COURTS12
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BIO-SWALE 13
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SPLASH PAD14
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LANDSCAPE BUFFER15
15 15
SKATE LOOP
COVERED ENTRY
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BOZEMAN COMMUNITY CENTER
TOWN CENTER
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6 6
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LARGE GATHERING SHELTER7
7
ALL WHEELS LOOP8
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STORM WATER DETENTION9
9
9
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SERVICE ENTRY10
10
NATURE PLAY CIRCUIT11
11
11 11
PICKLE BALL COURTS12
12
12
BIO-SWALE 13
13
13
SPLASH PAD14
14
LANDSCAPE BUFFER15
15 15
SKATE LOOP
COVERED ENTRY
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LIBRARY LEVEL 2 - BALCONY AND READING AREA
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SHADE STRUCTURE6
6
6 6
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LARGE GATHERING SHELTER7
7
ALL WHEELS LOOP8
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STORM WATER DETENTION9
9
9
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SERVICE ENTRY10
10
NATURE PLAY CIRCUIT11
11
11 11
PICKLE BALL COURTS12
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BIO-SWALE 13
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SPLASH PAD14
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LANDSCAPE BUFFER15
15 15
SKATE LOOP
COVERED ENTRY
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BOZEMAN COMMUNITY CENTER
GYMNASIUM
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ALL WHEELS LOOP8
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STORM WATER DETENTION9
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SERVICE ENTRY10
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11 11
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LEVEL 2 - REC LOUNGE AND AQUATICS OVERLOOK
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ALL WHEELS LOOP8
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STORM WATER DETENTION9
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SERVICE ENTRY10
10
NATURE PLAY CIRCUIT11
11
11 11
PICKLE BALL COURTS12
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12
BIO-SWALE 13
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SPLASH PAD14
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LANDSCAPE BUFFER15
15 15
SKATE LOOP
COVERED ENTRY
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AQUATICS - INDOOR WATER PARK
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SERVICE ENTRY10
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11 11
PICKLE BALL COURTS12
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15 15
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COVERED ENTRY
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AQUATICS - MULTI-PURPOSE POOL
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SHADE STRUCTURE6
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6 6
6
LARGE GATHERING SHELTER7
7
ALL WHEELS LOOP8
8
STORM WATER DETENTION9
9
9
9
SERVICE ENTRY10
10
NATURE PLAY CIRCUIT11
11
11 11
PICKLE BALL COURTS12
12
12
BIO-SWALE 13
13
13
SPLASH PAD14
14
LANDSCAPE BUFFER15
15 15
SKATE LOOP
COVERED ENTRY
SCULPTURAL STEEL FIN
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BOZEMAN COMMUNITY CENTER
OUTDOOR SPLASH PAD
132
1 | P a g e
Table of Contents
Introduction Page 2
Executive Summary Page 3
Operational Plan Page 5
Full-Time Staffing Page 7
Fee Structure Page 9
Expenditures Page 10
Revenues Page 12
5-Year Forecast Page 13
Appendix A – Renderings Page 14
Appendix B – Demographics, Participation Rates, Providers Page 17
Demographics Page 18
Participation Rates Page 36
Alternative Provides Page 50
133
2 | P a g e
Introduction
The City of Bozeman is pursuing a new indoor facility, which is a combined library and
recreation center. The City hired Ballard*King & Associates (B*K) to develop an operational
plan for the recreation side of the proposed facility. B*K is a facility planning firm based out of
Denver, CO that provides operational planning service for a variety of recreation facilities,
including recreation centers.
The goal of the operational study is to understand:
• Operational Hours
• Staffing Levels (full-time and part-time)
• Commodities
• Contractual Obligations
• Revenues
o Memberships/Admissions
o Programs
o Rentals and Other
That information then informs the City of the subsidy needed for the annual operation of the
facility. It is important to note that B*K is a third-party, independent group. They are not
affiliated with a firm that may receive a financial benefit from the project moving into
construction.
The following document is based on the best information available at the time of the study, along
with the input from City staff.
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3 | P a g e
Executive Summary
The following bullet point summarizes the findings of the operational plan that has been
developed for the City of Bozeman.
• B*K analyzed the demographics of the City of Bozeman and a 35-mile radius
surrounding the community. The population concentration indicates a facility could be
supported. Further, the median age, lower than the national figure, and median income,
higher than the national figure, are positive data points for financial success.
• There are other existing fitness and aquatic providers in the area. It is the opinion of B*K
that introduction of a municipal facility into the market will not negatively impact these
operations. This facility will address the full age spectrum, which is a key differentiator
than some of the other providers. It is important to note that based on B*K’s 30 years of
completing these types of projects, municipal recreation facilities facilitate the growth of
the private market.
• The facility components that have been prescribed would facilitate use of the facility via
membership and daily admission. They would also support a wide variety of programs
that are not currently available to the community via the Parks & Recreation Department.
The participation rates that B*K has developed, Appendix B, also support the facility
components and illustrate a significant market for programs and services.
• A key differentiator between public and private recreation facilities is maintaining the
availability of drop-in use of the facility. That can be achieved through either
membership or daily admission. Additionally, it is important to note that program
participation does not require membership of the facility.
• The daily admission fees and membership fees have been prescribed based on the
feedback the Parks & Recreation Department received from the community. It is also
important to note that they have been prescribed to maximize participation by the entire
community.
• The revenue figures produced in the operational plan are conservative in the opinion of
B*K and reflect the first full fiscal year of operation. The membership numbers, daily
admissions, and program figures are not factored at maximum capacity. They reflect the
rates of a new facility.
• It is important to note that the programs offered in a facility of this nature are not just
physical activities. It is common, and necessary, to have a wide variety of programs that
not only focus on physical pursuits, but also on arts and enrichment opportunities. This
again helps maximize participation across the full spectrum of the population.
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4 | P a g e
• The expense figures produced in the operational plan are consistent with the City’s
current method of budgeting. That is to say some line items that would typically be
included in a facility budget have been included in the overall City-wide budget. The
figures have been produced based on the 2023 market, but project what expenses may
look like if the facility were to open in 2027.
• This is a new venture for the facility. As such the full-time positions in the operational
plan are not currently in the Department budget. If the project moves into the
construction phase, the City will need to develop a ramp up budget to account for
construction and opening. For the City to achieve both the revenue and expense
projections in the budget, they must open the facility fully staffed and operational.
• It is important to note that the maintenance and custodial positions prescribed in the
budget could service both the recreation and library operation. Additionally, the Youth
Program and the Adult/Senior Program positions could provide programming for both the
recreation and library operations.
• Using the years 3-5 average the City could anticipate the recreation facility requiring an
approximate $1,507,761 annual subsidy. It is not uncommon for public facilities to
require an annual operational subsidy, in particular if the operational goal is to maximize
participation.
It is the opinion of B*K that the City of Bozeman residents would embrace the development of a
combined library and recreation facility. The operation would allow the Parks & Recreation
Department to address the growing needs of their current users. While at the same time address
a segment of the population that the Department is unable to provide programs for.
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5 | P a g e
Operational Plan
In addition to the operational figures in this section of the report, an Excel document has been
provided to the City that contains all details.
• The City of Bozeman will operate the facility.
• The weight training equipment will be purchased. Buy-back period for weight training
equipment is typically a 10-year life span.
• The cardio training equipment will be leased. The advantage of a lease is keeping new
equipment on your cardio floor and building in limited maintenance.
• Maintenance staff, who will be assigned solely to this facility, will be City employees.
Specialty services such as annual refinish of hardwood floors, upkeep of UV sanitation,
limited HVAC will be completed through contracts. (100,000 square feet)
• Custodial staff, who will be assigned solely to this facility, will be City employees.
• There are some items that have been included in the overall City budget. Those items
include:
o Janitorial Supplies
o Utilities (gas, electric)
o Water/Sewar
o Trash
o Insurance (property & liability)
o Communications (phone)
o Contract Services (Elevator, Fire Alarm, Misc.)
o Capital Improvement Fund
• B*K typically includes a capital improvement fund allocation. For purposes of this plan,
this concept has been discussed with the City, but the factor has yet to be determined.
• Café. There is square footage allocated in the facility program for a café. At this point it
is assumed that the café will be contracted out, as such the part-time staffing associated
with this operation is not included in the plan.
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6 | P a g e
• Proposed Hours of Operation:
o Monday-Friday 5:30A-9:00P
o Saturday 7:00A-7:00P
o Sunday 10:00A-7:00P
o Total 98.5 Hours
The following page provides an organizational chart for the full-time positions associated with
the operation of the facility.
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7 | P a g e
These positions were prescribed by B*K and have been confirmed by the City. It is important to note that this facility is both a
recreation center and library. The maintenance and custodial positions reflected in this budget would function in the full facility.
Additionally, the Youth Program and Adult/Senior Program positions could be shared between Recreation and the Library.
Facility Manager
(1)
Aquatics
Coordinator (1)
Lifeguards (6)
Sports &
Competition
Coordinator (1)
Fitness
Coordinator (1)
Youth Program
Coordinator (1)
Adult/Senior
Program
Coordinator (1)
Maintenance
Foremen (1)
Maintenance
Tech (1.5)
Custodial (5)
Administrative
Support (2)
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8 | P a g e
Full-Time Staff:
• Facility Manager (1) $98,000
• Administrative Support (2) $55,000 each
• Aquatics Coordinator (1) $85,000
• Lifeguard (6) $48,000
• Sports & Competition Coordinator (1) $76,000
• Fitness Coordinator (1) $76,000
• Youth Program Coordinator (1) $76,000
• Adult/Senior Program Coordinator (1) $76,000
• Maintenance Foreman (1) $80,000
• Maintenance Tech (1.5) $74,000 each
• Custodial (5) $53,000
• Benefits factor of 35% of total salaries has been applied.
Part Time Staff:
• Lead Front Desk $25.00
• Front Desk $22.00
• Lead Lifeguards $24.00
• Lifeguards $22.00
• Building Supervisor $26.00
• Gym Attendant $22.00
• Custodial $22.00
• Fitness Attendant $22.00
• Swim Lesson Instructors
• Group Exercise Instructors
• Contract Instruction
• 8.5% FICA and other benefits.
For the City to be competitive with other agencies seeking part-time staff they must pay the
outlined rates. This, along with increased rates of pay for full-time staff, and other cost centers,
creates a challenge in maximizing cost recovery.
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9 | P a g e
Fee Structure:
Resident Non-Resident
Age 2 & Under $0 $0
Youth (3-18) $8.00 $10.00
Adult (19-59) $10.00 $12.00
Senior (60+) $8.00 $10.00
10-Punch Pass $80.00 $100.00
Resident Non-Resident
Youth (3-18) $300 $375
Adult (19-59) $420 $525
Senior (60+) $300 $375
Senior +1 $400 $500
Household (6 maximum) $780 $975
Household +1 $50 $63
Market Penetration:
• City of Bozeman 5.40% of Households
• Non-Bozeman 2.16% of Households
The proposed rate structure for admission and membership to the recreation center are based on
three data points. One, the feedback that the City received from the public input processes.
Two, the market research that B*K completed. Three, the goal of the City to make this facility
as accessible as possible to the entire population, regardless of socio-economic status.
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10 | P a g e
Projected Expenditures
The following illustrates a line-item budget for the proposed facility. The operational numbers
are based on the best information available during the study, combined with B*K’s familiarity
with the project type, and input from the City.
Personnel
New Full-Time 1,810,350
New Part-Time 1,358,444
Sub-Total $3,168,794
Commodities
Office supplies (forms, ID, film) 6,000
Chemicals 80,000
Maintenance/repair/materials 40,000
Janitor supplies -
Recreation supplies 25,000
Safety supplies 6,000
Uniforms 9,000
Printing/postage 5,000
Concessions (food/supplies)1 -
Vending Opportunities/Re-sale 1,000
Other Misc. expenses -
Fuel/Mileage 1,500
Sub-Total $173,500
1 This item was left in the operational plan, if the City were to decide to operate the Café in-house.
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11 | P a g e
Contractual
Electric & Gas2 -
Water/Sewer3 -
Trash4 -
Insurance (property & liability)5 -
Communications (phone)6 -
Contract services7 -
Contractual Instructors 35,000
Fitness Equipment Lease 120,000
Equipment Maintenance 20,000
Monitor Services 5,000
Rental Equipment 10,000
Advertising 15,000
Training & Travel 15,000
Membership Dues/Subscriptions 4,500
Bank Charges8 57,650
IT Licenses & Charges (software)9 19,217
Deposit Services -
Other -
Sub-Total $301,367
Expense Totals
Personnel $3,168,794
Commodities $173,500
Contractual $301,367
Total Expense Budget $3,643,661
2 Reflected in other City budget.
3 Reflected in other City budget.
4 Reflected in other City budget.
5 It is not uncommon to have this factored at $0.15-$0.50 per square foot. This is reflected in another City budget.
6 Reflected in other City budget.
7 Reflected in other City budget.
8 Factored at 3% of total revenue generation.
9 Factored at 1% of total revenue generation.
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12 | P a g e
The following revenue opportunities developed by B*K are based on information provided by
the City, familiarity with the market, and experience as facility operators. The projections are
what B*K feels the department could anticipate achieving in year 1 of the operation.
New Revenue
Fees
Daily Admission 162,600
Punch Pass 14,880
Membership 1,082,813
Sub-Total $1,260,293
Programs
Aquatic 106,860
Recreation 215,250
Fitness 62,064
Sub-Total $384,174
Other
Re-Sale 1,500
Events/Parties 56,000
Practice Rental (pool) 183,600
Leisure Pool Rentals 9,600
Other Rentals 26,500
Sub-Total $277,200
Total Revenue Projection $1,921,667
B*K has taken a conservative approach to revenue projection. It is possible that the City could
exceed these revenue projections, and that should be the goal. It is also possible that the City is
currently offering programs at other locations that could be housed at this new facility, hence
reflecting more revenue.
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5-Year Operational Projections
The following is a 5-year projection for the operation. Year 1 assumes the first full budget year
of operation.
Year 1 Year 2 Year 3 Year 4 Year 5
Expenses $3,643,661 $3,716,534 $3,828,030 $3,942,871 $4,061,157
Revenue $1,921,667 $2,209,916 $2,364,611 $2,435,549 $2,508,615
($1,721,994) ($1,506,617) ($1,463,419) ($1,507,322) ($1,552,541)
Cost Recovery 52.7% 59.5% 61.8% 61.8% 61.8%
Note: As previously illustrated the expense figures do not include utilities, water/sewar, trash,
insurance, communications, or contract services. This figures are accounted for in a different
City budget.
Most indoor recreation facilities do not reach a “normal” operational pattern until they reach
Year 3 of operation. The following provides the average cost recovery for years 3-5.
Year 1
Expenses $3,944,019
Revenue $2,436,258
($1,507,761)
Cost Recovery 61.8%
There is a strong possibility that the facility may not open until the year 2027. If that were to
happen, and the Bozeman area experienced 4% inflation each year it would equate to an expense
budget of $4,098,623 in the year 2027.
The City has been provided with a document that B*K created which contains all the details that
supports the figures in this section of the report.
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Appendix A – Renderings
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First Floor
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Second Floor
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Appendix B – Demographics, Participation, Trends, Providers
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Demographics
B*K has been hired directly to develop an operational plan for their proposed community
recreation center. This facility will be a combined recreation and library facility. As part of
B*K’s scope of services they are conducting a market assessment.
B*K accesses demographic information from Environmental Systems Research Institute (ESRI)
who utilizes 2020 Census data and their demographers for 2022-2027 projections. In addition to
demographics, ESRI also provides data on housings, recreation, and entertainment spending and
adult participation in activities. B*K also uses information produced by the National Sporting
Goods Association (NSGA) to overlay onto the demographic profile to determine potential
participation in various activities.
Service Areas: The Immediate Service Area is the City of Bozeman, and the Primary Service
Area is approximately a 35-mile radius. These service areas are consistent with the service areas
B*K used while conducting the operational assessment for the aquatic center in Bozeman.
A primary service area is defined as the distance people will travel on a regular basis (a
minimum of once a week) to utilize recreation programs and facilities. Use by individuals
outside of this area will be much more limited and will focus more on special activities or events.
Service areas can expand, or contract based upon a facility’s proximity to major thoroughfares.
Other factors impacting the use as it relates to driving distance are the presence of alternative
service providers in the service area. Alternative service providers can influence participation,
membership, daily admissions and the associated penetration rates for programs and services.
Service areas can vary in size with the types of components in the facility.
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Service Area Maps
• Green Shaded Boundary – Immediate Service Area
• Red Radius Boundary – Primary Service Area
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Demographic Summary
Immediate Service Area Primary Service Area
Population:
2020 Census 53,30110 134,04011
2022 Estimate 56,465 140,493
2027 Estimate 61,153 150,489
Households:
2020 Census 21,737 54,045
2022 Estimate 23,146 56,767
2027 Estimate 25,199 60,971
Families:
2020 Census 9,919 30,826
2022 Estimate 10,071 31,936
2027 Estimate 10,912 34,146
Average Household Size:
2020 Census 2.27 2.40
2022 Estimate 2.27 2.40
2027 Estimate 2.27 2.40
Ethnicity (2022 Estimate):
Hispanic 5.0% 4.6%
White 87.7% 89.1%
Black 0.6% 0.4%
American Indian 1.2% 0.9%
Asian 1.8% 1.1%
Pacific Islander 0.1% 0.1%
Other 1.8% 1.7%
Multiple 6.9% 6.7%
Median Age:
2020 Census 27.8 34.0
2022 Estimate 30.9 36.4
2027 Estimate 31.4 37.3
Median Income:
2022 Estimate $76,569 $83,133
2027 Estimate $81,731 $94,073
10 From the 2010-2020 Census, the Immediate Service Area Option 1 experienced a 2.85% increase in population.
11 From the 2010-2020 Census, the Primary Service Area Option 2 experienced a 2.69% increase in population.
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Age and Income:
The median age and household income levels are compared with the national number as both
factors are secondary determiners of participation in recreation activities. The lower the median
age, the higher the participation rates are for most activities. The level of participation also
increases as the median income level goes up.
Table A – Median Age:
2020 Census 2022 Projection 2027 Projection
Immediate Service Area 27.8 30.9 31.4
Primary Service Area 34.0 36.4 37.3
State of Montana 39.8 41.8 42.5
Nationally 38.6 38.9 39.6
Chart A – Median Age:
The median age in the Immediate and Primary Service Areas is lower than the State of Montana
and the National number. A lower median age typically points to the presence of families with
children. A higher median age typically reflects an older community. Community centers are
becoming more multi-generational in design. Parks and recreation activities, programs and
events draw a large demographic but tend to be most popular with youth and their parents.
Grandparents are becoming an increasing part of the household though as they care for and are
involved with their grandchildren.
25
30
35
40
45
50
55
2020 2022 2027
27.8
30.9 31.4
34
36.4 37.3
39.8
41.8 42.5
38.6 38.9 39.6
Immediate Service Area Primary Service Area State of Montana National
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The following chart provides the number of households and percentage of households in the
Immediate and Primary Service Area with children.
Table B – Households w/ Children
Number of Households w/
Children
Percentage of Households
w/ Children
Immediate Service Area 4,081 19.4%
Primary Service Area 13,098 24.6%
State of Montana 114,178 26.2%
The information contained in Table B helps further outline the presence of families with
children. As a point of comparison in the 2020 Census, 30.7% of households nationally had
children present. Both the Immediate and Primary service areas reflect a slightly lower
percentage than both the state and national level of households with children.
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$20,000
$30,000
$40,000
$50,000
$60,000
$70,000
$80,000
$90,000
$100,000
2022 2027
$76,569
$81,731
$83,133
$94,073
$61,456
$70,975 $72,414
$84,445
Immediate Service Area Primary Service Area State of Montana National
Table C – Median Household Income:
2022 Projection 2027 Projection
Immediate Service Area $76,569 $81,731
Primary Service Area $83,133 $94,073
State of Montana $61,456 $70,975
Nationally $72,414 $84,445
Chart C (1) – Median Household Income:
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Based on 2022 projections for median household income the following narrative describes the
service areas:
In the Immediate Service Area, the percentage of households with median income over $50,000
per year is 65.5% compared to 61.6% on a national level. Furthermore, the percentage of
households in the service area with median income less than $25,000 per year is 16.7%
compared to a level of 18.0% nationally.
In the Primary Service Area, the percentage of households with median income over $50,000 per
year is 70.6% compared to 61.6% on a national level. Furthermore, the percentage of
households in the service area with median income less than $25,000 per year is 13.0%
compared to a level of 18.0% nationally.
While there is no perfect indicator of use of a recreation facility, the percentage of households
with more than $50,000 median income is a key indicator. Therefore, those numbers are
significant and balanced with the overall cost of living.
Chart C (2) – Median Household Income Distribution
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Immediate Service
Area
Primary Service Area State of Montana National
16.7%13.0%17.8%15.8%
17.8%16.4%
21.9%18.6%
65.5%70.6%60.3%65.6%
<$24,999 $25,000-$49,999 $50,000+
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Household Income
In addition to looking at Median Age and Median Income, it is important to examine Household
Budget Expenditures. Reviewing housing information, shelter, utilities, fuel and public services
along with entertainment & recreation can provide a snapshot into the cost of living and
spending patterns in the services areas. The table below looks at that information and compares
the service areas.
Table D – Household Budget Expenditures12
Immediate Service Area SPI Average Amount Spent Percent
Housing 93 $26,664.74 32.4%
Shelter 94 $21,470.59 26.1%
Utilities, Fuel, Public Service 92 $5,194.15 6.3%
Entertainment & Recreation 90 $3,302.83 4.0%
Primary Service Area SPI Average Amount Spent Percent
Housing 100 $28,459.65 31.6%
Shelter 99 $22,709.02 25.2%
Utilities, Fuel, Public Service 102 $5,750.64 6.4%
Entertainment & Recreation 102 $3,726.67 4.1%
State of Montana SPI Average Amount Spent Percent
Housing 80 $22,737.62 31.0%
Shelter 78 $17,905.58 24.4%
Utilities, Fuel, Public Service 85 $4,832.04 6.6%
Entertainment & Recreation 85 $3,137.31 4.3%
SPI: Spending Potential Index as compared to the National number of 100.
Average Amount Spent: The average amount spent per household.
Percent: Percent of the total 100% of household expenditures.
Note: Shelter along with Utilities, Fuel, Public Service are a portion of the Housing percentage.
12 Consumer Spending data are derived from the 2018 and 2019 Consumer Expenditure Surveys, Bureau of Labor
Statistics. ESRI forecasts for 2022 and 2027.
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Chart D – Household Budget Expenditures Spending Potential Index:
The correlation between the median household income and household budget expenditures is
important. The percentage of household income in the Immediate and Primary service areas
represents a slight increase over the national level. Additionally, the household budget
expenditures are below the national level. This data suggests there may be a slightly higher level
of discretionary income, including to support recreational activities, than the national level. This
could point to the ability to pay for programs and services offered at a recreation facility of any
variety.
The total number of housing units in the Primary Service Area is 60,991 and 88.6% are
occupied, or 54,045 housing units. The total vacancy rate for the service area is 11%. As a
comparison, the vacancy rate nationally was 11.6%. Of the available units:
• For Rent 1.8%
• Rented, not Occupied 0.2%
• For Sale 0.4%
• Sold, not Occupied 0.2%
• For Seasonal Use 5.9%
• Other Vacant 2.1%
60
70
80
90
100
110
120
130
Housing Shelter Utilities, Fuel, Public
Service
Entertainment &
Recreation
93 94 92 90
100 99 102 102
80 78
85 85
100 100 100 100
Immediate Service Area Primary Service Area State of Montana National
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Recreation Expenditures Spending Potential Index
Finally, through the demographic provider that B*K utilizes for the market analysis portion of
the report, we can examine the overall propensity for households to spend dollars on recreation
activities. The following comparisons are possible.
Table E – Recreation Expenditures Spending Potential Index13:
Immediate Service Area SPI Average Spent
Fees for Participant Sports 86 $112.29
Fees for Recreational Lessons 78 $124.85
Social, Recreation, Club Membership 90 $254.83
Exercise Equipment/Game Tables 89 $55.93
Other Sports Equipment 92 $7.45
Primary Service Area SPI Average Spent
Fees for Participant Sports 96 $125.99
Fees for Recreational Lessons 90 $143.97
Social, Recreation, Club Membership 98 $275.87
Exercise Equipment/Game Tables 104 $65.41
Other Sports Equipment 101 $8.16
State of Montana SPI Average Spent
Fees for Participant Sports 74 $97.24
Fees for Recreational Lessons 70 $111.46
Social, Recreation, Club Membership 76 $214.78
Exercise Equipment/Game Tables 86 $53.93
Other Sports Equipment 78 $6.33
Average Amount Spent: The average amount spent for the service or item in a year.
SPI: Spending potential index as compared to the national number of 100.
13 Consumer Spending data are derived from the 2018 and 2019 Consumer Expenditure Surveys, Bureau of Labor
Statistics.
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Chart E – Recreation Spending Potential Index:
Again, there is a great deal of consistency between recreation spending potential, median
household income and household budget.
60
70
80
90
100
110
120
Participant Sports Rec Lessons Social, Rec, Club
Member
Exercise Equip Other Sports Equip
86
78
90 89 92
96
90
98
104 101
74
70
76
86
78
100 100 100 100 100
Primary Service Area Secondary Service Area State of Montana National
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Population Distribution by Age:
Utilizing census information for the Primary Service Areas, the following comparisons are
possible.
Table F – 2022 Primary Service Area Age Distribution (ESRI estimates)
Ages Population % of Total Nat. Population Difference
0-5 7,629 5.4% 5.8% -0.5%
5-17 19,255 13.7% 15.9% -2.3%
18-24 18,219 13.0% 9.2% +3.9%
25-44 40,650 28.9% 26.8% +2.1%
45-54 15,477 11.0% 12.0% -1.1%
55-64 17,506 12.5% 12.8% -0.4%
65-74 13,416 9.6% 10.2% -0.7%
75+ 8,337 5.9% 7.2% -1.4%
Population: 2022 census estimates in the different age groups in the Primary Service Area.
% of Total: Percentage of the Primary Service Area population in the age group.
National Population: Percentage of the national population in the age group.
Difference: Percentage difference between the Primary Service Area population and the national
population.
Chart F – 2022 Primary Service Area Age Group Distribution
0.0%
5.0%
10.0%
15.0%
20.0%
25.0%
30.0%
-5 6-17 18-24 25-44 45-54 55-64 65-74 75+
Primary Service Area National
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The demographic makeup of the Immediate Service Area, when compared to the characteristics
of the national population, indicates that there are some differences with a larger population in
the 18-24 and 25-44 age groups. There is a smaller population in the remaining age groups. The
greatest positive variance is in the 18-24 age group with +3.9%, while the greatest negative
variance is in the 5-17 age group with -2.3%.
Table G – 2022 Primary Service Area Population Estimates (U.S. Census Information and ESRI)
Ages 2020 Census 2022
Projection
2027
Projection
Percent
Change
Percent
Change Nat’l
-5 8,432 7,629 8,265 -2.0% -8.3%
5-17 19,516 19,255 20,305 +4.0% -8.5%
18-24 19,423 18,219 19,644 +1.1% -8.9%
25-44 38,495 40,650 42,347 +10.0% +3.3%
45-54 18,310 15,477 16,547 -9.6% -17.8%
55-64 15,763 17,506 16,758 +6.3% +2.5%
65-74 7,748 13,416 15,631 +101.7% +58.2%
75+ 6,367 8,337 10,995 +72.7% +46.3%
Chart G – Primary Service Area Population Growth
Table-K illustrates the growth or decline in age group numbers from the 2020 census until the
year 2027. It is projected all age categories except under 5 and 45-54 will see an increase in
population. The population of the United States is aging, and it is not unusual to find negative
0
5,000
10,000
15,000
20,000
25,000
30,000
35,000
40,000
45,000
-5 6-17 18-24 25-44 45-54 55-64 65-74 75+
2020 2022 2027
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growth numbers in the younger age groups and significant net gains in the 45 plus age groupings
in communities which are relatively stable in their population numbers.
Below is listed the distribution of the population by race and ethnicity for the Immediate and
Primary Service Area for 2022 population projections. Those numbers were developed from
2020 Census Data.
Table H – Primary Service Area Ethnic Population and Median Age 2022
(Source – U.S. Census Bureau and ESRI)
Ethnicity Total
Population
Median Age % of
Population
% of MT
Population
Hispanic 6,405 26.2 4.56% 4.14%
Table I – Primary Service Area by Race and Median Age 2022
(Source – U.S. Census Bureau and ESRI)
Race Total
Population
Median Age % of
Population
% of WA
Population
White 125,199 36.7 89.1% 84.2%
Black 574 31.3 0.4% 0.5%
American Indian 1,259 28.9 0.9% 6.2%
Asian 1,553 30.5 1.1% 0.8%
Pacific Islander 103 35.0 0.1% 0.1%
Other 2,383 32.4 1.7% 1.4%
Multiple 9,423 24.7 6.7% 6.8%
2022 Primary Service Area Total Population: 140,493 Residents
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Chart I – 2022 Primary Service Area Population by Non-White Race
0.4%
0.9%
1.1%0.1%
1.7%6.7%
Black
American Indian
Asian
Pacific Islander
Other
Multiple
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Tapestry Segments
Tapestry segmentation represents the 4th generation of market segmentation systems that began
30 years ago. The 65-segment Tapestry Segmentation system classifies U.S. neighborhoods
based on their socioeconomic and demographic compositions. While the demographic landscape
of the U.S. has changed significantly since the 2000 Census, the tapestry segmentation has
remained stable as neighborhoods have evolved.
The data assists the organization in understanding the consumers/constituents in their service
area and supply them with the right products and services.
The Tapestry segmentation system classifies U.S. neighborhoods into 65 unique market
segments. Neighborhoods are sorted by more than 60 attributes including income, employment,
home value, housing types, education, household composition, age and other key determinates of
consumer behavior.
The following pages and tables outline the top 5 tapestry segments in each of the primary service
areas and provide a brief description of each. This information combined with the key indicators
and demographic analysis of each service area help further describe the markets that the Primary
Service Area looks to serve with programs, services, and special events.
Table J – Primary Service Area Tapestry Segment Comparison (ESRI estimates)
Primary Service Area Demographics
Percent
Cumulative
Percent Median Age
Median HH
Income
College Towns (14B) 15.7% 15.7% 24.5 $32,200
Bright Young Professionals (8C) 15.4% 31.1% 33.0 $54,000
Emerald City (8B) 8.7% 39.8% 37.4 $59,200
The Great Outdoors (6C) 8.5% 48.3% 47.4 $56,400
Middleburg (4C) 6.8% 55.1% 36.1 $59,800
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Chart J – Primary Service Area Tapestry Segment Entertainment Spending:
College Towns (14B) – Half of this demographic is enrolled in college. Although they have
busy schedules, they still schedule time for socializing and sports. Buy impulsively and all about
new experiences.
Bright Young Professionals (8C) – This is a large market with young well-educated
professionals. Physically active and up to date with technology where they get all their
information.
Emerald City (8B) – Young, mobile and well educated, this group is highly connected. They
make environmentally friendly purchases. Embrace food and culture, balanced with time at the
gym.
The Great Outdoors (6C) – Living a modest lifestyle, these empty nesters are very do-it-
yourself oriented and cost conscious. Enjoy outdoor activities such as hiking and hunting.
Middleburg (4C) – This group is conservative and family-oriented. A younger market that is
growing. Prefers to buy American for a good price. Participate in sports and outdoor activities.
0
20
40
60
80
100
120
College Towns
(14B)
Bright Young
Professionals (8C)
Emerald City (8B)The Great
Outdoors (6C)
Middleburg (4C)
63
85
101 99 93
100 100
100 100 100
Tapestry National
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Demographic Summary
The following summarizes the demographic characteristics of the service areas.
• The population level of 56,465 people within the Immediate Service Area is large enough
to support an indoor recreation facility.
• The population in the immediate service area is projected to be relatively stable over the
next five years, with a negligible increase to a population level of 61,153 in 2027.
• The demographic makeup of the Immediate Service Area, when compared to the
characteristics of the national population, indicates that there are some differences with a
larger population in the 18-24 and 25-44 age groups. There is a smaller population in the
remaining age groups. The percent of households with children in the immediate service
area is 19.4% compared to the national level of 33.4%, significantly lower. Age is one
determining factor that drives participation in recreation and sport activities.
• All age groups, except the under 5 and 45-54 age groups, are projected to increase in the
primary service area by 2027. The 65 and over age groups are projected to have
significant higher growth, ranging from 72%-101%. This growth may represent
opportunities or need for increased senior programming.
• The 25-44 age group has a direct correlation to the younger age categories and indicates
future growth in the younger age groups. This age group is expected to increase in the
Primary Service Area by 10% by 2027 compared to a national level increase of about 3%.
In addition, the younger age groups for 17 and under are projected to increase (or
decrease less) in the primary service area than national projections.
• Household income in the Immediate ($76,569) and Primary ($83,133) Service area is
slightly above the national level of $72,414. In the Immediate Service Area, the
percentage of households with median income over $50,000 per year is 65.5% compared
to 61.6% on a national level. Furthermore, the percentage of the households in the
service area with median income less than $25,000 per year is 16.7% compared to a level
of 18.0% nationally. This indicates a local population that should have the ability to
utilize discretionary income for recreation activities. Household income is another one of
the primary determining factor that drives participation recreation and sports.
• In the Primary Service Area, the percentage of households with median income over
$50,000 per year is 70.6% compared to 61.6% on a national level. Furthermore, the
percentage of the households in the service area with median income less than $25,000
per year is 13.0% compared to a level of 18.0% nationally.
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Participation Rates
Market Potential Index for Adult Participation: In addition to examining the
participation numbers for various outdoor activities through the National Sporting Goods
Association, 2020 Survey and the Spending Potential Index for Entertainment & Recreation,
B*K can access information about Sports & Leisure Market Potential. The following
information illustrates participation rates for adults in outdoor activities.
Table A – Market Potential Index (MPI) for Participation in Activities in Primary Service Area
Adults participated in: Expected
Number of Adults
Percent of
Population
MPI
Aerobics 9,753 8.6% 102
Basketball 7,798 6.9% 102
Bicycle (Road) 13,963 12.3% 109
Exercise Walking 36,857 32.4% 104
Running/Jogging 14,403 12.7% 114
Pilates 3,656 3.2% 103
Ping Pong 3,793 3.3% 96
Swimming 19,474 17.1% 109
Volleyball 3,232 2.8% 108
Weightlifting 15,355 13.5% 107
Yoga 13,205 11.6% 112
Zumba 2,988 2.6% 81
Expected # of Adults: Number of adults, 18 years of age and older, participating in the activity in the Service
Area.
Percent of Population: Percent of the service area that participates in the activity.
MPI: Market potential index as compared to the national number of 100.
This table indicates that the overall propensity for adults to participate in activities is greater than
the national number of 100 in 10 of 12 activities. In many cases when a participation number is
lower than the National number, primary factors include a lack of facilities or an inability to pay
for services and programs.
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Table B – Physical Activity in Primary Service Area
Activity Somewhat Agree Completely Agree
Exercise Regularly 38.5% 30.2%
More Fit and Active Than Others My Age 38.7% 19.6%
Seek New Exercise Routines 40.3% 10.8%
Seek New Ways to be More Healthy 47.4% 28.8%
ESRI measures the likely demand for service in the area. Exercise is defined by the user in the survey.
Hours of Exercise Per Week Percent of Population MPI
1-3 hours 24.1% 100
4-6 hours 22.5% 103
7+ hours 23.5% 101
Exercise Location 2+ Times Per Week Percent of Population MPI
Home 42.7% 105
Club 14.4% 105
Other Facility (Not Club) 9.3% 118
Fitness Club/Gym Membership Percent of Population MPI
LA Fitness 1.7% 87
Planet Fitness 4.9% 102
YMCA 3.3% 113
Self Care Percent of Population MPI
Visited Physical Therapist 5.9% 104
Professional Massage 7.0% 105
Survey Data is derived from ESRI and MRI-Simmons and provides the expected percentage of population and the Market Potential Index.
In addition to analyzing the demographic realities of the service areas, it is possible to project
possible participation in recreation and sport activities.
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Participation Numbers: On an annual basis, the National Sporting Goods Association (NSGA)
conducts an in-depth study and survey of how Americans spend their leisure time. The data is
collected in one year and the report is issued in June of the following year. This information
provides the data necessary to overlay rate of participation onto the Immediate, Immediate and
Primary Area to determine market potential.
The information contained in this section of the report, utilizes the NSGA’s 2019 & 2021 data.
The COVID-19 Pandemic had a significant impact on participation on sports and activities.
Many indoor facilities were closed for a substantial part of the year, team sports and leagues did
not operate and individuals sought different ways to fill their time. As a result participation from
2020 to 2021 varied widely in nearly all activities tracked. Many of the activities bounced back
from the 2020 participation, however not all have. Some of this may be a trend while some of it
is still a reflection on reduced offerings by departments.
B*K takes the national average and combines that with participation percentages of the Primary
Service Area based upon age distribution, median income, region and National number. Those
four percentages are then averaged together to create a unique participation percentage for the
service area. This participation percentage when applied to the population of the Immediate,
Immediate and Primary Service Area then provides an idea of the market potential for outdoor
recreation.
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Table C – Participation Rages in the Primary Service Area
Age Income Region Nation Average
Aerobics 15.5% 16.5% 16.8% 15.8% 16.2%
Baseball 3.7% 3.1% 3.8% 3.7% 3.6%
Basketball 7.7% 5.8% 8.5% 7.5% 7.4%
Bicycle (Road) 13.7% 16.4% 16.4% 14.2% 15.2%
Billiards/Pool 7.0% 7.2% 9.1% 6.8% 7.5%
Boxing 1.7% 1.8% 0.7% 1.5% 1.4%
Cheerleading 1.0% 1.2% 0.9% 1.0% 1.0%
Exercise Walking 40.5% 44.6% 45.2% 41.4% 42.9%
Exercise w/ Equipment 19.0% 21.5% 22.6% 18.9% 20.5%
Gymnastics 1.6% 1.7% 1.6% 1.7% 1.7%
Martial Arts/MMA 1.7% 1.4% 1.2% 1.7% 1.5%
Pickleball 1.2% 1.6% 1.4% 1.2% 1.3%
Pilates 1.9% 2.3% 1.9% 1.9% 2.0%
Running/Jogging 15.3% 17.2% 17.0% 14.9% 16.1%
Swimming 15.1% 18.4% 17.6% 15.6% 16.7%
Table Tennis/Ping Pong 3.8% 4.2% 4.7% 3.8% 4.1%
Volleyball 3.6% 5.4% 4.1% 3.6% 4.2%
Weightlifting 12.8% 14.1% 14.6% 12.4% 13.5%
Workout at Clubs 8.4% 10.5% 10.9% 8.1% 9.5%
Wrestling 1.1% 1.1% 1.2% 1.0% 1.1%
Yoga 10.4% 11.3% 13.1% 10.2% 11.3%
Did Not Participate 20.4% 20.2% 20.1% 20.6% 20.3%
Age: Participation based on individuals ages 7 & Up of the Primary Service Area.
Income: Participation based on the 2022 estimated median household income in the Primary
Service Area.
Region: Participation based on regional statistics (Mountain).
National: Participation based on national statistics.
Average: Average of the four columns.
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Anticipated Participation Number: Utilizing the average percentage from Table A, B and C
above plus the 2020 census information and census estimates for 2022 and 2027 (over age 7) the
following comparisons are available.
Table D – Participation Growth/Decline for Indoor Activities in Primary Service Area
Average 2020
Population
2022
Population
2027
Population
Difference
Aerobics 16.2% 19,790 20,969 22,456 2,667
Baseball 3.6% 4,384 4,645 4,975 591
Basketball 7.4% 9,042 9,580 10,260 1,218
Bicycle (Road) 15.2% 18,587 19,694 21,091 2,504
Billiards/Pool 7.5% 9,221 9,771 10,464 1,243
Boxing 1.4% 1,745 1,849 1,980 235
Cheerleading 1.0% 1,254 1,328 1,423 169
Exercise Walking 42.9% 52,577 55,710 59,662 7,084
Exercise w/ Equipment 20.5% 25,122 26,619 28,507 3,385
Golf 6.9% 8,441 8,943 9,578 1,137
Gymnastics 1.7% 2,036 2,158 2,311 274
Martial Arts/MMA 1.5% 1,850 1,960 2,099 249
Pickleball 1.3% 1,641 1,738 1,862 221
Pilates 2.0% 2,459 2,605 2,790 331
Running/Jogging 16.1% 19,714 20,889 22,371 2,656
Swimming 16.7% 20,424 21,640 23,176 2,752
Table Tennis/Ping Pong 4.1% 5,068 5,370 5,751 683
Volleyball 4.2% 5,122 5,427 5,812 690
Weightlifting 13.5% 16,496 17,479 18,719 2,223
Workout at Clubs 9.5% 11,598 12,289 13,161 1,563
Wrestling 1.1% 1,334 1,414 1,514 180
Yoga 11.3% 13,785 14,606 15,642 1,857
Did Not Participate 20.3% 24,894 26,377 28,248 3,354
Note: These figures do not necessarily translate into attendance figures for various activities
or programs. The “Did Not Participate” statistics refers to all 58 activities outlined in the
NSGA 2021 Survey Instrument.
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Participation by Ethnicity and Race: The table below compares the overall rate of
participation nationally with the rate for Hispanics and African Americans. Utilizing information
provided by the National Sporting Goods Association's 2021 survey, the following comparisons
are possible.
Table E – Comparison of National, African American and Hispanic Participation
Rates in Primary Service Area
Indoor Activity Immediate
Service Area
National
Participation
African
American
Participation
Hispanic
Participation
Aerobics 16.2% 15.8% 13.1% 17.8%
Baseball 3.6% 3.7% 3.8% 4.2%
Basketball 7.4% 7.5% 13.9% 8.1%
Bicycle (Road) 15.2% 14.2% 9.8% 10.7%
Billiards/Pool 7.5% 6.8% 4.8% 5.6%
Boxing 1.4% 1.5% 3.5% 2.3%
Cheerleading 1.0% 1.0% 2.2% 3.5%
Exercise Walking 42.9% 41.4% 24.1% 30.5%
Exercise w/ Equipment 20.5% 18.9% 12.9% 13.5%
Golf 6.9% 6.3% 2.3% 3.5%
Gymnastics 1.7% 1.7% 2.0% 1.8%
Martial Arts/MMA 1.5% 1.7% 1.8% 2.2%
Pickleball 1.3% 1.2% 0.7% 1.0%
Pilates 2.0% 1.9% 1.2% 1.9%
Running/Jogging 16.1% 14.9% 10.8% 15.6%
Swimming 16.7% 15.6% 6.8% 13.3%
Table Tennis/Ping Pong 4.1% 3.8% 3.9% 2.8%
Tennis 4.9% 4.6% 2.9% 4.0%
Volleyball 4.2% 3.6% 3.2% 3.4%
Weightlifting 13.5% 12.4% 9.7% 10.6%
Workout at Clubs 9.5% 8.1% 4.7% 9.0%
Wrestling 1.1% 1.0% 1.0% 1.9%
Yoga 11.3% 10.2% 8.2% 10.4%
Did Not Participate 20.3% 20.6% 21.6% 24.4%
There is a not a significant Black or Hispanic population (0.4% and 4.6% respectively) in the
Primary Service Area. As such these numbers may not play a factor with regard to overall
participation.
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National Summary of Sports Participation: The following chart summarizes
participation for indoor activities utilizing information from the 2021 National Sporting
Goods Association survey.
Table F – Sports Participation Summary
Sport Nat’l
Rank14
Nat’l Participation (in millions)
Baseball 26 11.3
Basketball 14 22.5
Bicycle (Road) 8 42.8
Billiards/Pool 15 20.6
Boxing 46 4.6
Cheerleading 53 3.0
Exercise Walking 1 125.0
Exercise w/ Equipment 4 57.2
Gymnastics 44 5.1
Martial Arts/MMA 42 5.2
Pickleball 50 3.6
Pilates 39 5.8
Running/Jogging 7 45.0
Swimming 6 47.2
Table Tennis/Ping Pong 25 11.4
Volleyball 27 10.8
Weightlifting 9 37.5
Workout at Clubs 13 24.6
Wrestling 52 3.1
Yoga 10 30.7
Nat’l Rank: Popularity of sport based on national survey.
Nat’l Participation: Population that participate in this sport on national survey.
14 This rank is based upon the 58 activities reported on by NSGA in their 2021 survey instrument.
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National Participation by Age Group: Within the NSGA survey, participation is broken
down by age groups. As such B*K can identify the top 3 age groups participating in the
activities reflected in this report.
Table G – Participation by Age Group:
Activity Largest Second Largest Third Largest
Aerobics 35-44 25-34 45-54
Baseball 7-11 12-17 25-34
Basketball 12-17 25-34 18-24
Bicycle Riding 55-64 45-54 12-17
Billiards/Pool 25-34 34-44 45-54
Cheerleading 12-17 7-11 18-24
Exercise Walking 55-64 65-74 45-54
Exercise w/ Equipment 25-34 45-54 55-64
Gymnastics 7-11 12-17 25-34
Martial Arts MMA 7-11 25-34 12-17
Pickleball 12-17 65-74 18-24
Pilates 25-34 35-44 45-54
Running/Jogging 25-34 35-44 45-54
Swimming 55-64 12-17 7-11
Tables Tennis 25-34 18-24 12-17
Tennis 25-34 35-44 12-17
Volleyball 12-17 25-34 18-24
Weightlifting 25-34 45-54 35-44
Workout at Clubs 25-34 35-44 45-54
Wrestling 12-17 25-34 7-11
Yoga 25-34 35-44 45-54
Did Not Participate 45-54 55-64 65-74
Largest: Age group with the highest rate of participation.
Second Largest: Age group with the second highest rate of participation.
Third Largest: Age group with the third highest rate of participation.
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Non-Sport Participation Statistics: It is important to note that participation rates in non-sport
activities. While there is not an abundance of information available for participation in these
types of activities as compared to sport activities, there are statistics that can be utilized to help
determine the market for cultural arts activities and events.
There are many ways to measure a nation’s cultural vitality. One way is to chart the public’s
involvement with arts events and other activities over time. The NEA’s Survey of Public
Participation in the Arts remains the largest periodic study of arts participation in the United
States. It tracks various arts activities that Americans (aged 18 and over) report having done in a
year. It also asks questions about adults’ preferences for different kinds of music, and it seeks to
understand participation in non-arts leisure events such as sports and exercise, outdoor activities,
and civic and social affairs.
The participation numbers for these activities are national numbers and the information falls into
the following categories:
• Attending Arts Activities
• Reading Books and Literature
• Consuming Art through Electronic Media
• Making and Sharing Art
• Participating in Arts Learning
• Perceptions of Arts Availability
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Attending Arts Activities
Table H – Percentage of U.S. Adult Attending a Performing Arts Activity at Least
Once in the Past 12-Months
Rate of Change
Music 2008 2012 2017 2008-2012 2012-2017
Jazz 7.8% 8.1% 8.6% +0.3% +0.5%
Classical Music 9.3% 8.8% 8.6% -0.5% -0.2%
Opera 2.1% 2.1% 2.2% +0.0% +0.1%
Latin Music 4.9% 5.1% 5.9% +0.2% +0.8%
Outdoor Performing
Arts Festival
20.8% 20.8% 24.2% +0.0% +3.4%
Rate of Change
Plays 2008 2012 2017 2008-2012 2012-2017
Musical Plays 16.7% 15.2% 16.5% -1.5% +1.3%
Non-Musical Plays 9.4% 8.3% 9.4% -1.1% +1.1%
Rate of Change
Dance 2008 2012 2017 2008-2012 2012-2017
Ballet 2.9% 2.7% 3.1% -0.2% +0.4%
Other Dance 5.2% 5.6% 6.3% +0.4% +0.7%
• Following a sharp decline in overall arts attendance that occurred from 2002-2008,
participation rates held steady from 2008-2012, and have increased into 2017.
• Changes in the U.S. demographic composition appear to have contributed to
attendance in performing arts attendance. Still, various subgroups of Americans
have maintained or increased attendance rates for individual art forms.
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Table I – Percentage of U.S. Adults Attending Visual Arts Activities and Events
Rate of Change
2008 2012 2017 2008-
2012
2012-
2017
Art Museums/Galleries 22.7% 21.0% 23.7% -1.7% +2.7%
Parks/Historical Buildings 24.5% 22.4% 28.3% -2.1% +5.9%
Craft/Visual Arts Festivals 24.9% 23.9% 23.8% -1.0% -0.1%
• Visual arts attendance has declined significantly from 2002 to 2012 although has
rebounded in 2017.
Reading Books and Literature
Table J – Reading Activity
Rate of Change
2008 2012 2017 2008-2012 2012-2017
Read any Book, non-
required
54.3% 54.6% 52.7% +0.3% -1.9%
Literature 50.2% 47.0% 44.2% -3.2% -2.8%
Novels and Short Stories 47.0% 45.2% 41.8% -1.8% -3.4%
Plays 2.6% 2.9% 3.7% +0.3% +0.8%
Poetry 8.3% 6.7% 11.7% -1.6% +5.0%
Consuming Art Through Electronic Media
Table K – Percentage of U.S. Adults Who Used Electronic Media to Consume Books or
other Artistic, Arts-Related, and Literary Content Arts: 2017
Percentage
Used Electronic Media to Consume Artistic or Arts Related Content 74%
Read Any Books Using Electronic Media 23%
Listen to Any Audiobooks 16%
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Table L – Percentage of Adults Who Used Electronic Media to Consume Art in the
past 12 months
Percentage
Other Music15 65%
Classical Music or Opera 21%
Jazz 20%
Programs Info. About Book Writers 19%
Lain, Spanish, or Salsa 19%
Theater Productions (musical or stage play)16 16%
Paintings, Sculpture, Pottery or Other Visual Art 16%
Dance Performances or programs 14%
Programs and Info. About Visual Arts 14%
Making and Sharing Art
Table M – Percentage of American Adults Who Made Art in the Last 12 Months: 2017
Percentage
Any Art 54%
Performing Arts 40%
Visual Arts 33%
Creative Writing 7%
Performing Arts include singing, playing any musical instrument, dancing, or acting.
Visual Arts include painting, drawing, sculpting, or making prints, taking photographs, creating
films, creating animations, digital arts, making potter, ceramics or jewelry, doing leatherwork,
metalwork or woodwork, weaving, crocheting, quilting, knitting or sewing, scrapbooking, etc.
Creative Writing includes fiction, nonfiction, poetry or plays.
Table N – Percentage of American Adults Who Did Performing Arts
Percentage
Singing 25%
Dancing 24%
Playing Musical Instrument 11%
Creating or Performing Music in Other Ways 3%
Acting 2%
Using Electronic Media to Edit or Remix Music 2%
15 Rock, pop, country, folk, rap or hip-hop
16 Musicals, plays or information about theatre
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Table O – Percentage of American Adults Who Did Visual Arts
Percentage
Taking Photographs 14%
Painting, Drawing, Sculpting, or Making Prints 13%
Weaving, Crocheting, Quilting, Needleworking, Knitting
or Sewing
12%
Editing Photographs 10%
Doing Scrapbooking, Origami, or Other Paper-Based Art 7%
Doing Leatherwork, Metalwork, or Woodwork 7%
Creating Films or Videos 5%
Making Pottery, Ceramics, or Jewelry 4%
Designing or Creating Animations, Digital Art, Computer
Graphics or Video Games
3%
Table P – Among Adults Who Made Art, Percentage Who Did So At Least Once a Week
Percentage
Sing 70.2%
Use Electronic Media to Edit or Remix Music 48.5%
Play Any Musical Instrument 46.6%
Take Photographs 45.2%
Edit Photographs 38.5%
Create or Performa Any Music In Other Ways 37.5%
Creating Writing 34.3%
Design or Create Animations, Digital Art, Computer
Graphics or Video Games
32.2%
Weave, Crochet, Quilt, Neeedlework, Knot or Sew 26.2%
Create Films or Videos 22.9%
Dance 22.6%
Paint, Draw, Sculpt or Make Prints 22.5%
Act 20.8%
Do Leatherwork, Metalwork, or Woodwork 20.6%
Do Scrapbooking, Origami, or Other Paper-Based Art 14.0%
Make Pottery, Ceramics or Jewelry 9.8%
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Participating in Arts Learning
Table Q – Percentage of Adults Who Took Formal Art Lessons or Classes in Past 12
Months
Percentage
Any Type of Art 9.5%
Visual Arts17 3.6%
Music 2.7%
Art History or Appreciation 2.1%
Dance 1.9%
Creative Writing 1.7%
Computer Animation or Digital Art 1.8%
Photography or Filmmaking 1.6%
Acting or Theatre 0.6%
Table R – Percentage of Adults Who Took Informal Art Lessons or Classes in Past 12
Months
Percentage
Any Type of Art 17.2%
Music 10.3%
Visual Arts 6.3%
Photography or Filmmaking 5.3%
Art History or Appreciation 4.9%
Dance 3.5%
Creative Writing 3.1%
Acting or Theatre 1.8%
Computer Animation or Digital Art N/A
17 Drawing, Painting, Pottery, Weaving or Graphic Design
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Alternative Providers
The following are potential alternate service providers in the Bozeman area.
*Note: lists may not be all inclusive.
Fitness:
• Orangetheory Fitness
• Fluid Motion Fitness
• Access Fitness
• Ridge Athletic Clubs
• Ridge Athletic Clubs - Downtown
• Fuel Fitness Bozeman
• Altitude Athletics
• Spire Climbing + Fitness - Main Facility
• The Mountain Project
• THE PITT TRAINING FACILITY
• Epic Fitness Center
• HELSE Lagree Fitness Studio
• True Spirit CrossFit & Yoga
• Main Street Fitness - Personal Training
• Shroyer Gym
• 9Round - Bozeman
• Pure Barre
• CrossFit Bozeman
• StretchLab
• Story Mill Community Center
• Urban Fitness
• The Practice Power Yoga
• Story Mill Community Center
• Bozeman Aerial Fitness
• Sōl Barre Studio
• HOTWORX - Bozeman, MT
• Ekam Yoga
• Like Iron Strength & Performance
• Club Pilates
• Hyalite CrossFit
• Zephyr Cycling Studio
• Lone Mountain Gymnastics
• Muscular Millionaire
• Your Yoga Bozeman
• Lone Peak Physical Therapy and
Performance - Bozeman
• Swiss Fit Montana (may have closed)
• Bozeman Power Yoga
• North Dome Fitness Center
• Prime Performance and Physio
• Cove Athletic Club
• Way Beyond Fitness
• Emergence Movement & Wellness
• Bridger Pilates
• FITFIX Personal Training
• Spire Climbing + Fitness - Training
Center
• SBG Bozeman - Brazilian Jiu Jitsu -
Martial Arts - Gym
• Ascend Movement Training
• Mountain Yoga Bozeman
• Montana Mixed Martial Arts
• Peak Bodies Pilates
• The Gym of Belgrade
• Cutting Edge Martial Arts
• F45 Training West Bozeman
• Gallatin Valley YMCA
• Bozeman Hot Springs
• Snap Fitness Belgrade
• Sparta OCR Training
• CrossFit Belgrade
• MT Feminine Movement Studio
• Workout for Brain
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Aquatics
• City of Bozeman Swim Center
• City of Bozeman Bogert Pool
• Wavefront Aquatics – website currently not functional but Facebook is current.
• Black Bull Swim Center - Black Bull's swim facility features over a half-acre of land
with 10,000 sq. ft. of pool decking and the focal point is the collegiate-size 30 foot by 82
foot pool.
• Lone Mountain Gymnastics - Lone Mountain is an official member club of the United
States Swim School Association, offering pre-school water comfort & acclimation
through beginner & advanced swim classes.
• Bozeman Brookies A swim club for competitive swim athletes, the Bozeman
Brookies (BMA) provide a healthy, positive, motivating and safe environment to train for
competition, fitness, and fun.
• Ridge Athletic Clubs We provide private swim lessons, group swim lessons, and parent-
tot classes. In addition, we have lap swimming, open swim times, water fitness classes for
our members and guests, and adult-only hours which can be found on our pool schedule.
• Story Mill Community Center
• East Gallatin Rec – outdoor swimming beach
183
Project Cost Tracking - Concept Design - Bozeman Community Center
Bozeman Branch Library, Aquatics and Recreation Facility
6/19/2023
Final Concept
Design Costs with
Contingencies
Project Building Area:103,690
Shared Building Area 12,651
Library Building Area 21,433
Recreation Building Area 26,660
Aquatics Building Area 30,209
Locker Area 4,212
Building Support Spaces 8,525
Site area: (Construction Site Area)350,000
8.0 Total Site Area
ITEM total NOTES
$
Land Acquisition $4,500,000 Estimated
Professional Services $8,635,823
Programming, Architecture & Engineering $7,945,323
Design Fees - Master Plan, Concept $432,500
Design Fees - Complete Post Bond $7,512,823 Estimated
MEP Commissioning Services $150,000
LEED Consultant Services $0
Geotech Services $16,500
Surveying & Utility Locate Services $14,000
Security AV/IT Consultant $150,000
Interior Design Consultant $0
Inspections, testing, reviews $225,000
CMAR Conceptual Precon Services $35,000
Soft Cost Contingency $100,000
Infrastructure $617,000
Off-site Roadway Improvements (Traffic)$500,000
Water & Sewer Taps $0 Included in General Construction
Irrigation Well Installation $32,000
Electrical Service (Fees, Meter, Install) $30,000
Natural Gas Service $20,000
Communications Service $20,000
Fiber Optic Service $15,000
FFE, Other Equipment $4,304,845
Fixtures & Furniture by Owner $3,614,845
Library Furniture & Equipment $1,300,230
Aquatics & Recreation General Furniture $281,500
Public Spaces Furniture $370,900
Building Support Equipment $354,584
Aquatics Specific Equipment $486,400
Recreation Specific Equipment $248,000
Audio Visual Equipment (Meeting Rooms)$342,500
Staff Computers $55,731
Security Equipment $175,000
Head end equipment by I.T. Dept. $250,000
Moving Costs - City Departments $40,000
Contingency on FF&E Items $400,000
Building Construction Total (BASE BID)$61,450,427 Includes Contractor General Conditions
Shared Building Spaces $6,996,003 $553 sf
Library Building Spaces $11,852,449 $553 sf
Recreation Building Spaces $14,236,440 $534 sf
Aquatics Building Spaces $22,294,242 $738 sf
Locker Room Spaces (Shared)$2,329,236 $553 sf
Building Support Spaces $3,742,057 $439 sf
Site & Landcape Construction $6,616,046 Adjusted to match current costs locally - Recent Bid
Total Base Bid Construction Cost $68,066,473 $656 sf
6/19/2023 - 10:56 AM
Page #1 of 2 184
(ALTERNATES) Indoor Track + Site Amenities
Indoor Walking / Jogging Track $3,084,000 Not Part of Base Bid
Geothermal Field for Heating & Cooling (144 wells)$3,611,000 Not Part of Base Bid
Skate Park | Skateable Art $300,000 Not Part of Base Bid
Plaza / Small Bandstand (ice rink)$100,000 Not Part of Base Bid
Bicycle "pump / flow" track $150,000 Not Part of Base Bid
Nature Play Circuit $136,000 Not Part of Base Bid
$7,381,000 Total Additive Alternate Items - Not in Base Bond Amount
Construction Total (BASE BID)
Design Contingency $3,403,324 5%Recommended Design Contingency
Escalation Contingency @ 9%$6,125,983 9%Recommended Escalation Contingency (18 Months)
Construction Contigency @ 3%$2,327,873 3%Three Percent of Base Bid Const. Cost
Total Base Bid GMP $79,923,653 $771 sf Cost / SF Includes Site Development Costs
Contingencies/Impact Fees/Other $4,158,610
Owner Contingency Items $2,327,873 Separate Owner Contingency
Owner Construction Contingency $2,327,873 3.00%3 Percent of Base Bid Const. Cost
Percent for Arts (1% Construction Cost) $799,237
Legal Costs for Bond Election $40,000 COB Carried Cost outside of Project
Builder's Risk Insurance $225,000 COB Carried Cost outside of Project
City of Bozeman Planning Review Fees $70,000 Planning Review Fee Only
Building Permit Plan Review Fee $60,000 Plan Review Fee By Owner
Building Permit Cost $34,000 Building Permit - DNI MEP Permits
Water / Sewer Inspection & Meter Fee $2,500
Site Impact Fees $600,000 Estimated at this time
Total: Project Costs $102,139,931 $985 sf
6/19/2023 - 10:56 AM
Page #2 of 2 185
City of Bozeman
Bozeman Community Center Operating Levy Line Detail
Library Staffing Salary Benefits % Quantity
Max Levy
Amount
Library Branch Manager 98,000$ 35.0% 1.00 132,300$
Librarian I Youth Services 77,085 35.0% 1.00 104,065
Library Assistant 57,304 35.0% 2.00 154,721
Library Aide II 48,215 35.0% 2.00 130,179
Library Assistant PT 28,652 8.5% 1.50 46,631
Library Aide PT 24,107 8.5% 1.00 26,156
Subtotal - Library Staffing Levy Amount 8.50 594,052$
Recreation & Facilities Full-Time (FT) Staff Salary Benefits % Quantity Max Levy
Amount
Recreation Center Manager 98,000 35.0% 1.00 132,300$
Admin Support 55,000 35.0% 2.00 148,500
Aquatics Coordinator 85,000 35.0% 1.00 114,750
Sports & Competition Coordinator 76,000 35.0% 1.00 102,600
Fitness Coordinator 76,000 35.0% 1.00 102,600
Youth Program Coordinator 76,000 35.0% 1.00 102,600
Adult/Senior Program Coordinator 76,000 35.0% 1.00 102,600
Maintenance Foreman 80,000 35.0% 1.00 108,000
Maintenance Tech 74,000 35.0% 1.50 149,850
Custodial 53,000 35.0% 5.00 357,750
Lifeguard 48,000 35.0% 6.00 388,800
Subtotal - Recreation FT Staffing Levy Amount 21.50 1,810,350$
Recreation Part-Time (PT) Staff Rate Hours/yr
Benefits
Rate
Max Levy
Amount
Building Supervisor 26.00 2,692.50 8.5% 75,955$
Lead Front Desk 25.00 4,065.00 8.5% 110,263
Front Desk 22.00 6,153.00 8.5% 146,872
Lead Lifeguard 24.00 2,512.50 8.5% 65,426
Lifeguard 22.00 20,060.00 8.5% 478,832
Bldg Attendant 22.00 1,372.50 8.5% 32,762
Fitness 22.00 6,500.00 8.5% 155,155
Gym Attendant 22.00 2,272.50 8.5% 54,245
Recreation Program Leaders (6 PT Staff) 8.5% 155,698
Rentals Program 8.5% 7,161
Aquatics Program 8.5% 76,075
Subtotal - Recreation PT Staffing Levy Amount 1,358,444$
Special Services Staffing Salary Benefits % Quantity
Max Levy
Amount
Special Services Officer 69,826 35.0% 1.00 94,265$
Special Services Officer 69,826 35.0% 1.00 94,265
Special Services Supervisor 84,325 35.0% 0.40 45,536
Subtotal - Special Services Staffing Levy Amount 2.40 234,066$
1 of 3 186
City of Bozeman
Bozeman Community Center Operating Levy Line Detail
Library Operations Max Levy
Amount
Books & reference materials 86,500$
Programs materials 50,000
Newspaper, magazines, and digital subscriptions 57,700
Office & computer supplies 26,800
Contracted services 43,200
Travel & training 4,600
Advertising 1,200
Membership dues & certifications 1,200
Subtotal - Library Operations Levy Amount 271,200$
Recreation Operations Max Levy
Amount
Office supplies 6,000$
Chemicals 80,000
Maintenance, repair & materials 40,000
Recreation supplies 25,000
Safety supplies 6,000
Uniforms 9,000
Printing & postage 5,000
Vending opportunities - re-sale 1,000
Gasoline & oil 1,500
Contractual instructors 35,000
Fitness equipment lease 120,000
Equipment maintenance 20,000
Monitor services 5,000
Rental equipment 10,000
Advertising 15,000
Travel & training 15,000
Membership dues & certifications 4,500
Bank charges 57,650
Software maintenance 19,217
Subtotal - Recreation Operations Levy Amount 474,867$
Utilities & Maintenance Costs Max Levy
Amount
Chemicals 1,700$
Janitorial & building supplies 44,500
Equipment maintenance 57,850
Building maintenance 25,215
Landscaping & parking lot maintenance 103,100
Electricity & natural gas 401,697
Water, wastewater & stormwater charges 79,200
Telephone charges 1,000
Solid waste disposal 12,000
Access control agreement & supplies 31,150
Janitorial contract 335,000
Courier service 6,000
City assessments (based on 8.77 acre property) 33,692
Liability & property insurance 341,200
Insurance deductibles 5,000
Subtotal - Utility & Maintenance Costs 1,478,304$
2 of 3 187
City of Bozeman
Bozeman Community Center Operating Levy Line Detail
Recreation Revenue Estimates Levy Offset
Daily Admission Fee Revenue (162,600)$
Punch Passes (14,880)
Membership Fee Revenue (1,082,813)
Aquatic Programs (106,860)
Recreation Program (215,250)
Fitness Programs (62,064)
Special Events (56,000)
Re-sale (1,500)
Pool Practice Rentals (183,600)
Leisure Pool Rentals (9,600)
Other Rentals (26,500)
Subtotal - Recreation Revenue Estimates (1,921,667)$
Non-Operating Costs Max Levy
Amount
Central Services Support - 10% of annual expenditures 622,128$
Capital Maintenance - 1% of total cost of construction 799,237
Subtotal - Non-Operating Costs 1,421,365$
Total - Maximum Operating Levy in 2023 $ 5,720,981$
2024 Inflation Factor 4.0% 5,949,820
2025 Inflation Factor 4.0% 6,187,813
2026 Inflation Factor 4.0% 6,435,326
Grand Total - Maximum Operating Levy in 2026 $ 6,435,326$
3 of 3 188
Bozeman Community Center Mill Levies
6/27/2023
Assumptions
Interest Rate for Debt 4.5%
Mill value (FY24 recommended budget)190,436
Costs
Construction Operating Total
Construction Cost to City 99,000,000$ n/a
Annual cost 7,610,700$ 6,435,327$ 14,046,027$
# mills 39.96 33.79 73.75
Annual Cost Construction Levy Operating Levy Total
per $100,000 of assessed market value 53.95$ 45.62$ 99.57$
per $300,000 of assessed market value 161.85$ 136.86$ 298.71$
per $600,000 of assessed market value 323.70$ 273.72$ 597.42$
per $467,000 (FY23 median)251.95$ 213.05$ 464.96$
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RESOLUTION NO. 5496
A RESOLUTION OF THE BOZEMAN CITY COMMISSION SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF BOZEMAN, MONTANA, THE QUESTIONS OF (I) FOR THE PURPOSE OF PROMOTING PUBLIC HEALTH, LITERACY, AND COMMUNITY EVENTS, ISSUING GENERAL OBLIGATION
BONDS OF THE CITY IN A TOTAL PRINCIPAL AMOUNT OF UP TO NINETY-NINE MILLION AND NO/100 DOLLARS ($99,000,000.00) TO PAY COSTS OF ACQUIRING LAND AND DESIGNING, CONSTRUCTING, FURNISHING, AND EQUIPPING THEREON THE BOZEMAN COMMUNITY CENTER TO CONSIST OF AN AQUATICS CENTER, RECREATION CENTER, BRANCH LIBRARY,
AND COMMUNITY GATHERING SPACE, AND RELATED IMPROVEMENTS AND COSTS, AND PAYING COSTS ASSOCIATED WITH THE SALE AND ISSUANCE OF THE BONDS; AND (II) FOR THE PURPOSE OF PAYING COSTS OF OPERATING, MAINTAINING, REPAIRING, AND PROVIDING SERVICES TO OR IN SUPPORT OF THE BOZEMAN COMMUNITY CENTER,
PERMANENTLY INCREASING MILL LEVIES OF THE CITY
BE IT RESOLVED, by the City Commission (the “Commission”) of the City of
Bozeman, Montana (the “City”) as follows:
Section 1
Recitals. It is hereby found, determined and declared as follows:
1.01. Authorization. The City is authorized pursuant to Section 7-7-4221, Montana Code
Annotated, upon approval of the electorate of the City, to issue general obligation bonds pledging
the general credit of the City for any purpose authorized by law, provided that such indebtedness
will not cause the total indebtedness of the City to exceed 2.5% of the total assessed value of
taxable property of the City, determined as provided in Section 15-8-111, Montana Code
Annotated, ascertained by the last assessment for state and county taxes. In addition, pursuant to
Section 7-7-4223, Montana Code Annotated, the Commission is authorized to call a bond election
by adopting a resolution to that effect. The Commission is also authorized pursuant to Section 15-
10-425, Montana Code Annotated, to increase its mill levies for a specific purpose by conducting
a mill levy election as prescribed by law.
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1.02. Proposed Project and Bonds. The Commission has determined that, due to
population growth and other factors, the demand for aquatics, recreation, library, and community
event services has increased and the current City facilities are inadequate to meet the demand. To
address these deficiencies in the community, the Commission hereby determines there should be
submitted to the qualified electors of the City the question of whether the Commission shall be
authorized to sell and issue general obligation bonds of the City in one or more series to obtain
funds for the purpose of promoting public health, literacy, and community events by paying costs
of acquiring land and designing, constructing, furnishing, and equipping thereon the Bozeman
Community Center to consist of an aquatics center, recreation center, branch library, and
community gathering space, and related improvements and costs, and paying costs associated with
the sale and issuance of the bonds, which bonds shall bear interest at rates to be determined at the
time of sale, payable semiannually over a term not to exceed twenty years for each series of bonds,
and subject to redemption as required by law.
It is the judgment of the Commission that the total principal amount of up to Ninety-Nine
Million and No/100 Dollars ($99,000,000.00) in general obligation bonds will be necessary to
carry out the purpose set forth above. It is also the judgment and determination of the Commission
that such general obligation bonds may be issued in multiple series, each series payable during a
term not to exceed twenty (20) years and subject to redemption as provided by law.
1.03. Debt Limitation. The Commission has determined that the issuance of general
obligation bonds in the total principal amount of Ninety-Nine Million and No/100 Dollars
($99,000,000.00) together with the outstanding principal amounts of all other general obligation
indebtedness of the City will not cause the City to exceed its general obligation indebtedness
limitation, which is currently calculated to be $275,533,466 (i.e., 2.50% x $11,021,338,679).
1.04. Mill Levy. In addition, the City Commission has determined that it is in the best
interests of the City to seek authority for a permanent mill levy increase to pay costs of operating,
maintaining, repairing, and providing services to or in support of the Bozeman Community Center
by presenting to the voters a mill levy question. The City will account for mill levy receipts in
specific funds associated with the Bozeman Community Center. However, employees, such as
lifeguards and librarians, as well as goods and materials, such as library books and aquatics
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equipment, may circulate among the Bozeman Community Center and other City facilities, such
as the Swim Center or Main Street Library.
Section 2
Calling of the Election. The Commission hereby calls and directs that an election be held in
conjunction with the general election on November 7, 2023, to be conducted in accordance with
the provisions of Title 13, Chapter 19, Parts 1-3, Montana Code Annotated (the “Mail Ballot Act”),
for the purpose of voting on the following questions:
Proposed General Obligation Bonds
For the purpose of promoting public health, literacy, and community events, shall
the City Commission of the City of Bozeman, Montana (the “City”) be authorized
to sell and issue general obligation bonds of the City in one or more series in a total
principal amount of up to Ninety-Nine Million and No/100 Dollars
($99,000,000.00) bearing interest at rates to be determined at the time of sale,
payable semiannually over a term not to exceed twenty years for each series of
bonds, to pay costs of acquiring land and designing, constructing, furnishing, and
equipping thereon the Bozeman Community Center to consist of an aquatics center,
recreation center, branch library, and community gathering space, and related
improvements and costs, and paying costs associated with the sale and issuance of
the bonds?
If this bond proposition passes, it is estimated that property taxes on a home with
an assessed market value for tax purposes of $100,000 would increase by $53.95
in the first year, of $300,000 would increase by $161.85 in the first year, and of
$600,000 would increase by $323.70 in the first year. An increase in property
taxes may lead to an increase in rental costs.
The City Commission has determined that in conjunction with the bond proposition it is in the best
interests of the City to seek authority for a permanent mill levy increase to pay certain costs and
expenses by presenting to the voters the following question:
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Proposed Mill Levy
For the purpose of paying costs of operating, maintaining, repairing, and providing
services to or in support of the Bozeman Community Center, shall the City
Commission of the City of Bozeman, Montana be authorized to levy permanently
up to 33.79 mills per year, currently raising approximately $6,435,327.00 annually?
If this mill levy proposition passes, it is estimated that property taxes on a home
with an assessed market value for tax purposes of $100,000 would increase by
$45.62 per year, of $300,000 would increase by $136.86 per year, and of $600,000
would increase by $273.72 per year. An increase in property taxes may lead to an
increase in rental costs.
If the above bond proposition passes and the above mill levy proposition fails, the City may, in its
discretion, proceed with issuing the bonds for the purpose described in the bond proposition. If
the bond proposition fails and the mill levy proposition passes, the City will not proceed with the
mill levy.
Section 3
Assumptions Underlying Tax Impact. As required by law, each of the bond question and mill
levy question contains a tax impact statement. The tax impact statement regarding the bonds
assumes that (i) the dollar amount raised by the levy of 1 mill is equal to the estimated dollar
amount of 1 mill as set forth in the City’s fiscal year 2024 preliminary budget, (ii) the bonds are
issued in one series and in the maximum principal amount set forth in the bond ballot question,
(iii) the term of the bonds is 20 years, and (iv) the average annual interest rate on the bonds is
4.5%. The tax impact statement regarding the mill levy assumes that the dollar amount raised by
the levy of 1 mill is equal to the estimated dollar amount of 1 mill as set forth in the City’s fiscal
year 2024 preliminary budget.
Section 4
Conduct of Election. All qualified electors of the City shall be entitled to vote at the bond election
and mill levy election. The City Clerk is hereby authorized and directed to give notice of the call
and details of this election to the Gallatin County Election Administrator promptly and in any
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event on or the before the date required by the Gallatin County Election Administrator. The
Gallatin County Election Administrator is requested to give notice of the close of registration and
thereafter prepare printed lists of the qualified electors in the City entitled to vote in the election
in the City and to conduct the election in the form and manner prescribed by law and consistent
with the Mail Ballot Plan.
Section 5
Notice of Election. The City Clerk or the Gallatin County Election Administrator, as appropriate,
is hereby authorized and requested to cause notice of the call and holding of the election to be
given by publishing notice at least three times no earlier than 40 days and no later than 10 days
before the election in the Bozeman Daily Chronicle, a newspaper of general circulation in Gallatin
County. The notice of election as published shall read substantially as shown on Exhibit A hereto
(which is incorporated by reference and made a part hereof), with such additions or deletions or
updates as are determined necessary or desirable.
Section 6
Forms of Ballots. The ballots shall be printed in substantially the following forms, with such
additions or deletions or updates as are determined necessary or desirable:
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6
FORM OF OFFICIAL BALLOT
CITY OF BOZEMAN, MONTANA
GENERAL OBLIGATION BOND ELECTION
BOZEMAN COMMUNITY CENTER
NOVEMBER 7, 2023
INSTRUCTIONS TO VOTERS: Completely fill in the oval using a blue or black ink pen before the words “BONDS–YES” if you wish to vote for the bond issue;
if you are opposed to the bond issue, completely fill in the oval using a blue or
black ink pen before the words “BONDS–NO.”
For the purpose of promoting public health, literacy, and community events, shall the City Commission of the City of Bozeman, Montana (the “City”) be authorized to sell and issue general obligation bonds of the City in one or more series in a total
principal amount of up to Ninety-Nine Million and No/100 Dollars
($99,000,000.00) bearing interest at rates to be determined at the time of sale, payable semiannually over a term not to exceed twenty years for each series of bonds, to pay costs of acquiring land and designing, constructing, furnishing, and equipping thereon the Bozeman Community Center to consist of an aquatics center,
recreation center, branch library, and community gathering space, and related
improvements and costs, and paying costs associated with the sale and issuance of the bonds?
If this bond proposition passes, it is estimated that property taxes on a home with an assessed market value for tax purposes of $100,000 would increase by $53.95
in the first year, of $300,000 would increase by $161.85 in the first year, and of
$600,000 would increase by $323.70 in the first year. An increase in property taxes may lead to an increase in rental costs.
BONDS—YES BONDS—NO
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FORM OF OFFICIAL BALLOT CITY OF BOZEMAN, MONTANA
MILL LEVY ELECTION BOZEMAN COMMUNITY CENTER
NOVEMBER 7, 2023
INSTRUCTIONS TO VOTERS: Completely fill in the oval using a blue or black
ink pen before the words “MILL LEVY—YES” if you wish to vote for the mill levy; if you are opposed to the mill levy, make an X or similar mark in the oval before the words “MILL LEVY—NO”.
For the purpose of paying costs of operating, maintaining, repairing, and providing services to or in support of the Bozeman Community Center, shall the City
Commission of the City of Bozeman, Montana be authorized to levy permanently up to 33.79 mills per year, currently raising approximately $6,435,327.00 annually?
If this mill levy proposition passes, it is estimated that property taxes on a home with an assessed market value for tax purposes of $100,000 would increase by $45.62 per year, of $300,000 would increase by $136.86 per year, and of $600,000
would increase by $273.72 per year. An increase in property taxes may lead to an increase in rental costs.
MILL LEVY—YES
MILL LEVY—NO
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Section 7
Notice to County Election Administrator. A copy of this Resolution will be provided to the
Gallatin County Election Administrator as soon as practicable after its adoption and approval in
order to inform the Election Administrator of the details of the special election and the pertinent
requests and authorizations as to the conduct of the special election.
Section 8
Reimbursement Expenditures.
(a) The United States Department of Treasury has promulgated final regulations governing
the use of proceeds of tax-exempt bonds, all or a portion of which are to be used to reimburse the
City for project expenditures paid by the City prior to the date of issuance of such bonds. Those
regulations (Treasury Regulations, Section 1.150-2) (the “Regulations”) require that the City adopt
a statement of official intent to reimburse an original expenditure not later than 60 days after
payment of the original expenditure. The Regulations also generally require that the bonds be
issued and the reimbursement allocation made from the proceeds of the bonds within 18 months
(or three years, if the reimbursement bond issue qualifies for the “small issuer” exception from the
arbitrage rebate requirement) after the later of (i) the date the expenditure is paid or (ii) the date
the project is placed in service or abandoned, but (unless the issue qualifies for the “small issuer”
exception from the arbitrage rebate requirement) in no event more than three years after the date
the expenditure is paid. The Regulations generally permit reimbursement of capital expenditures
and costs of issuance of the bonds.
(b) Other than (i) expenditures to be paid or reimbursed from sources other than the bonds,
(ii) expenditures permitted to be reimbursed under the transitional provision contained in Section
1.150-2(j)(2) of the Regulations, (iii) expenditures constituting preliminary expenditures within
the meaning of Section 1.150-2(f)(2) of the Regulations, or (iv) expenditures in a “de minimus”
amount (as defined in Section 1.150-2(f)(1) of the Regulations), no expenditures for a project
within the scope of this resolution have been paid by the City before the date 60 days before the
date of adoption of this resolution.
(c) The City reasonably expects to reimburse the expenditures made for costs of such a
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project out of the proceeds of bonds in an estimated maximum aggregate principal amount of up
to $99,000,000.00 after the date of payment of all or a portion of the costs of such a project. All
reimbursed expenditures shall be capital expenditures, a cost of issuance of the bonds or other
expenditures eligible for reimbursement under Section 1.150-2(d)(3) of the Regulations.
(d) As of the date hereof, there are no City funds reserved, allocated on a long-term basis
or otherwise set aside (or reasonably expected to be reserved, allocated on a long-term basis or
otherwise set aside) to provide permanent financing for the expenditures related to such a project,
other than pursuant to the issuance of the bonds. The statement of intent contained in this
resolution, therefore, is determined to be consistent with the City’s budgetary and financial
circumstances as they exist or are reasonably foreseeable on the date hereof.
(e) The City Finance Director shall be responsible for making the “reimbursement
allocations” described in the Regulations, being generally the transfer of the appropriate amount
of proceeds of the bonds to reimburse the source of temporary financing used by the City to make
prior payment of the costs of the project. Each allocation shall be evidenced by an entry on the
official books and records of the City maintained for the bonds or the project and shall specifically
identify the actual original expenditure being reimbursed.
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PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, this ___ day of ______________, 2023.
____________________________________ CYNTHIA L. ANDRUS Mayor
ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM:
___________________________________ GREG SULLIVAN City Attorney
(SEAL)
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CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE
I, the undersigned, being the duly qualified and appointed City Clerk of the City of
Bozeman, Montana (the “City”), hereby certify that the attached resolution is a true copy
of Resolution No. 5496 entitled: “A RESOLUTION OF THE BOZEMAN CITY COMMISSION SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF BOZEMAN, MONTANA, THE QUESTIONS OF (I) FOR THE PURPOSE OF PROMOTING PUBLIC HEALTH, LITERACY, AND COMMUNITY EVENTS,
ISSUING GENERAL OBLIGATION BONDS OF THE CITY IN A TOTAL PRINCIPAL AMOUNT OF UP TO NINETY-NINE MILLION AND NO/100 DOLLARS ($99,000,000.00) TO PAY COSTS OF ACQUIRING LAND AND DESIGNING, CONSTRUCTING, FURNISHING, AND EQUIPPING THEREON THE BOZEMAN COMMUNITY CENTER TO CONSIST OF AN AQUATICS
CENTER, RECREATION CENTER, BRANCH LIBRARY, AND COMMUNITY GATHERING SPACE, AND RELATED IMPROVEMENTS AND COSTS, AND PAYING COSTS ASSOCIATED WITH THE SALE AND ISSUANCE OF THE BONDS; AND (II) FOR THE PURPOSE OF PAYING COSTS OF OPERATING, MAINTAINING, REPAIRING, AND PROVIDING SERVICES TO OR IN
SUPPORT OF THE BOZEMAN COMMUNITY CENTER, PERMANENTLY INCREASING MILL LEVIES OF THE CITY” (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 at a meeting on [___________], 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 Commission Members voted in favor thereof: ________________________________
______________________________ ; those Commissioners who voted
against the same: _____________________________ .
WITNESS my hand and seal officially this __ day of [__________], 2023.
(SEAL) MIKE MAAS City Clerk
200
A-1
EXHIBIT A
NOTICE OF GENERAL OBLIGATION BOND ELECTION AND ASSOCIATED MILL LEVY ELECTION BOZEMAN COMMUNITY CENTER CITY OF BOZEMAN, MONTANA
NOVEMBER 7, 2023
NOTICE IS HEREBY GIVEN by the City Commission (the “Commission”) of the of Bozeman, Montana (the “City”), that pursuant to a resolution duly adopted at a meeting of the Commission on ___________, 2023, an election of the registered voters of the City will be held in conjunction with the general election on November 7, 2023, for the purpose of voting on the
following questions:
Proposed General Obligation Bonds
For the purpose of promoting public health, literacy, and community events, shall the City Commission of the City of Bozeman, Montana (the “City”) be authorized to sell and issue general obligation bonds of the City in one or more series in a total
principal amount of up to Ninety-Nine Million and No/100 Dollars ($99,000,000.00) bearing interest at rates to be determined at the time of sale, payable semiannually over a term not to exceed twenty years for each series of bonds, to pay costs of acquiring land and designing, constructing, furnishing, and equipping thereon the Bozeman Community Center to consist of an aquatics center,
recreation center, branch library, and community gathering space, and related improvements and costs, and paying costs associated with the sale and issuance of the bonds?
If this bond proposition passes, it is estimated that property taxes on a home with
an assessed market value for tax purposes of $100,000 would increase by $53.95
in the first year, of $300,000 would increase by $161.85 in the first year, and of $600,000 would increase by $323.70 in the first year. An increase in property taxes may lead to an increase in rental costs.
Proposed Mill Levy
For the purpose of paying costs of operating, maintaining, repairing, and providing services to or in support of the Bozeman Community Center, shall the City Commission of the City of Bozeman, Montana be authorized to levy permanently up to 33.79 mills per year, currently raising approximately $6,435,327.00 annually?
If this mill levy proposition passes, it is estimated that property taxes on a home
with an assessed market value for tax purposes of $100,000 would increase by $45.62 per year, of $300,000 would increase by $136.86 per year, and of $600,000 would increase by $273.72 per year. An increase in property taxes may lead to an increase in rental costs.
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The election will be conducted solely by mail ballot. Ballots will be mailed to all eligible registered voters in the City on October [__], 2023, and must be returned by each voter, to the
Gallatin County Election Administrator, 311 W. Main Street, Room 210, Bozeman, Montana 59715, or ballots may be delivered in person to the Gallatin County Election Office, 311 W. Main Room 210, in Bozeman, during regular business hours (8:00 a.m. to 5:00 p.m.) weekdays (exclusive of holidays) October [__], 2023 through November 6, 2023, or to such other locations and at such other times as are designed by Gallatin County instructions.
On Election Day, November 7, 2023, the only places for deposit of voted ballots will be the office of the Gallatin County Election Administrator and such other ballot drop-off locations as are identified in the election instructions provided by the Gallatin County Election Administrator, which will be open from 7:00 a.m. to 8:00 p.m. All ballots will be tallied in the office of the Gallatin County Election Administrator on November 7, 2023 as required by law.
A qualified voter who will be absent from the City during the time the election is being conducted may:
(a) vote in person in the office of the Gallatin County Election Administrator as soon as the ballots are available and until 8:00 p.m. on Election Day; noting that voter registration is closed at noon on November 6, 2023 for the balance of that day; or
(b) make a written request prior to noon on November 6, 2023, signed by the applicant and addressed to the office of the Gallatin County Election Administrator requesting the ballot be mailed to an address other than that which appears on the registration records.
An elector may obtain a replacement ballot if his or her ballot is destroyed, spoiled, lost,
or not received by the elector, by filling out and mailing, emailing, or faxing back a completed replacement ballot request form or by personally appearing at the office of the Gallatin County Election Administrator at 311 W. Main Room 210, in Bozeman.
Ballots may be returned in person at the places of deposit listed in the election
instructions of the Gallatin County Election Administrator, or returned by mail. If returning by
mail, please use the then-prevailing first-class-postage price or one Forever Stamp. Postmark date does not apply; ballots returned by mail must be received by the 8:00 p.m. Election Day deadline to be counted.
Electors who miss the close of registration deadline may register late and vote in the
election if the County Election Administrator receives and verifies the electors’ voter registration
information prior to 8 p.m. on November 7, 2023.
DATED this ____ day of ______________, 2023.
/s/Eric Semerad Gallatin County Election Administrator
Publish: October [__], 2023, October [__], 2023, and October [__], 2023
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203
Memorandum
REPORT TO:City Commission
FROM:David Fine, Economic Development Manager
Brit Fontenot, Economic Development Director
Jeff Mihelich, City Manager
SUBJECT:Ordinance 2145, Provisional Adoption Amending an Urban Renewal Plan for
the Bozeman, Midtown Urban Renewal District
MEETING DATE:July 18, 2023
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION:Having considered the presentation from staff, the recommendation from
the Community Development Board acting as a Planning Board, public
comment, and all other information presented, I move to approve Ordinance
2145.
STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a
mechanism to encourage economic development.
BACKGROUND:In fall 2021, the City Commission held a work session regarding consolidating
and eliminating citizen advisory boards to provide “consistency,
predictability and stability”. During that work session, the City Commission
provided direction to staff to eliminate the advisory boards for all the urban
renewal districts except the Downtown Urban Renewal District. The
Ordinances the City Commission is considering reflect that direction to staff.
Eliminating the advisory board for the Midtown Urban Renewal District
requires amendment of the Midtown Urban Renewal Plan. The Midtown
Urban Renewal Plan includes references to a board. Urban renewal plans
must be adopted and amended by Ordinance following a noticed public
hearing. State Law also requires that the Planning Board hold a hearing on
the conformity of proposed urban renewal plan with the growth policy. The
Community Development Board, acting as the Planning Board, adopted
staff’s findings and conclusion that the proposed urban renewal plan was in
conformance with City’s adopted growth policy, the Bozeman Community
Plan 2020.
The proposed amended Midtown Urban Renewal Plan makes changes to the
Plan related to boards and administration of the district but does not alter
the goals or other parts of the Plan.
Please follow the link to a redlined version of the Midtown Urban Renewal
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Plan, as amended. A clean copy of the amended plan is included in the
packet materials.
Following any provisional adoption of Ordinance 2145, staff intends to
return to the City Commission with a Resolution assigning the urban renewal
powers of the City, for this district, to the Director of Economic
Development. Work plans and budgets for the districts would continue to be
prepared by economic development staff and presented to the City
Commission during the regular budget process. The City Commission will
continue to approve contracts and urban renewal projects consistent with
current practices.
UNRESOLVED ISSUES:None at this time.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:There are no fiscal effects related to the adoption of this Ordinance.
Attachments:
MURD_BCP_Conformance_Staff_Memo_062123.docx
230711 Murb Plan Ord_final.pdf
Midtown Urban Renewal District Plan AMENDED FINAL.pdf
Report compiled on: July 7, 2023
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To:Community Development Board (acting as the Planning Commission)
From:David Fine, Economic Development Manager
Brit Fontenot, Economic Development Director
Meeting Date:June 27, 2023
Subject:Midtown Urban Renewal Plan Amendment and Conformity with the
Growth Policy (Bozeman Community Plan 2020)
Overview
On May 25, 2021, the Bozeman City Commission authorized City Staff to begin work to
consolidate nearly 40 citizen advisory boards into five "strategic boards". The staff memo noted
at that time it would be infeasible to consolidate the Midtown Urban Renewal Board into any of
the five strategic boards. Staff recommended amending the district’s urban renewal plan to
designate the City Commission to serve as the Midtown Urban Renewal Board.
The Midtown Urban Renewal Board was formed at the inception of the District and as such, a
board structure was written into the urban renewal district plan. The board has been
responsible for reviewing projects, workplans, and budgets and providing recommendations to
the City Commission. Despite no changes to the purpose, goals or proposed actions of the
Midtown Urban Renewal Plan, for the City Commission to take on the functions of the board,
the Plan must be amended.
An amendment of the Midtown Urban Renewal Plan requires1 that it be found to be in
conformance with the City of Bozeman’s current growth policy, the Bozeman Community Plan
2020. Below is a summary demonstrating how the goals of the Midtown Urban Renewal Plan
conform with the themes and goals established in the Bozeman Community Plan 2020.
1 7-15-4213. Review of urban renewal plan by planning commission.(1) Prior to its approval
of an urban renewal project, the local governing body shall submit the urban renewal project plan to
the planning commission of the municipality for review and recommendations as to its conformity with
the growth policy or parts of the growth policy for the development of the municipality as a whole if a
growth policy has been adopted pursuant to Title 76, chapter 1.
(2) The planning commission shall submit its written recommendations with respect to the
proposed urban renewal plan to the local governing body within 60 days after receipt of the plan.
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Staff Conclusion
After a thorough review and analysis of the themes and goals of the Bozeman Community Plan
(BCP) and the goals of Midtown Urban Renewal Plan (URP), staff concludes that the Midtown
URP, as amended, is in conformance with the BCP.
Staff Findings
Below is a detailed comparison of the URP goals and the BCP themes and goals demonstrating
conformance.
URPGOAL #1–PROMOTE ECONOMIC DEVELOPMENT
URP Goal #1, Promote Economic Development, is in conformance with BCP Theme 6: A City
Powered by its Creative, Innovative, and Entrepreneurial Economy, Goal EE-1.
URP Goal #1:“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.”
BCP Goal EE-1:“Promote the continued development of Bozeman as an innovative and
thriving economic center.”
URPGOAL #2–IMPROVE MULTI-MODAL TRANSPORTATION
URP Goal #2, Improve Multi-Modal Transportation, is in conformance with BCP Theme 5: A City
That Prioritizes Accessibility and Mobility Choices, Goal M-1. Midtown URP Goal #2’s also
conforms with BCP Theme 5, Goal M-2.
URP Goal #2: “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.”
BCP Goal M-1: “Ensure multimodal accessibility.”
BCP Goal M-2: “Ensure multimodal safety.”
URPGOAL #3–IMPROVE,MAINTAIN AND SUPPORT INNOVATION IN INFRASTRUCTURE
UPR Goal #3, Improve, Maintain and Support Innovation in Infrastructure, and the goal’s
specific initiatives are in conformance with BCP Theme 3: A City Bolstered by Downtown and
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Complementary Districts, Goals DCD-2 and DCD-3. Specific initiatives of URP Goal #3 also
conform to BCP Theme 6: A City Powered by its Creative, Innovative, and Entrepreneurial
Economy, Goal EE-1.
URP Goal #3: “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.”
BCP 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.”
BCP Goal DCD-3: “Ensure multimodal connectivity within the City.”
BCP Goal EE-1: “Promote the continued development of Bozeman as an innovative and
thriving economic center.”
URPGOAL #4–PROMOTE UNIFIED,HUMAN SCALE URBAN DESIGN
URP Goal #4, Promote Unified, Human Scale Urban Design, and the goal’s specific initiatives are
in conformance with BCP Theme 2: A City of Unique Neighborhoods, Goals N-1 and N-4.
URP Goal #3: “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.”
BCP Goal N-1: “Support well-planned, walkable neighborhoods.”
BCP Goal N-4: “Continue to encourage Bozeman’s sense of place.”
URPGOAL #5–SUPPORT COMPATIBLE URBAN DENSITY MIXED LAND USES
URP Goal #5, Support Compatible Urban Density Mixed Land Uses, and the goal’s specific
initiatives are in conformance with BCP Theme 2: A City of Unique Neighborhoods, Goals N-2
and N-3.
URP Goal #3: “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.”
BCP Goal N-2: “Pursue simultaneous emergence of commercial nodes and residential
development through diverse mechanisms in appropriate locations.”
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BCP Goal N-3: “Promote a diverse supply of quality housing units.”
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Ord 2145
Page 1 of 4
ORDINANCE 2145
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA ADOPTING AN AMENDED MIDTOWN URBAN RENEWAL PLAN
FRELATED TO THE ADMINISTRATION OF THE DISTRICT AND ASSIGNING TO
THE CITY THE AUTHORITY TO EXERCISE URBAN RENEWAL POWERS.
WHEREAS, on August 22, 2005, the Bozeman City Commission adopted Resolution No.
3839, declaring that blighted areas exist within the municipality and that the rehabilitation,
redevelopment, or a combination thereof, of such areas is necessary in the interest of the public
health, safety, morals, or welfare of the residents of such municipality; and
WHEREAS, on November 27, 2006 the City Commission passed, adopted, and finally
approved Ordinance 1685, which adopted an urban renewal plan for the Bozeman Midtown Urban
Renewal District; and
WHEREAS, the Midtown Urban Renewal Plan established an advisory board for the
Midtown Urban Renewal District; and
WHEREAS, as set forth in Bozeman’s Strategic Plan 1.2, consolidating the city’s Citizen
Advisory Boards includes the consolidation of the city’s urban renewal boards;
WHEREAS, eliminating the the Midtown Urban Renewal District and assigning urban
renewal powers to the City requires an amendment of the administration of the district by
amending the Midtown Urban Renewal Plan;
WHEREAS, on September 15, 2015, the City Commission passed and adopted Resolution
4639, which amended the Bozeman Midtown Urban Renewal District; and
WHEREAS, on December 16, 2015 the City Commission passed, adopted, and finally
approved Ordinance 1925, which amended the urban renewal plan for the Bozeman Midtown
Urban Renewal District; and
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Ordinance No. 2145, (Adopting an Amended Midtown Urban Renewal Plan)
Page 2 of 4
WHEREAS, as required by Mont. Code Ann. §§ 7-15-4214 and 4215 (2021), notice of
the public hearing on the amended Midtown Urban Renewal Plan was published on June 17 and
24, 2023, and such notice conformed to all statutory requirements; and
WHEREAS, as required by Mont. Code Ann. § 7-15-4213, on June 26, 2023 the City’s
Community Development – Planning Board found that the proposed, amended Midtown Urban
Renewal Plan conformed with the Bozeman 2020 Community Plan and its stated, adopted growth
policy for Bozeman; and
WHEREAS, on July 18, 2023 the Bozeman City Commission held a public hearing to
consider the proposed, amended Midtown Urban Renewal District Plan.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
The amended plan for the Midtown Urban Renewal District, attached here as Exhibit A, is hereby
adopted.
Section 2
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Section 3
Savings Provision.
This Ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 4
Severability.
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Ordinance No. 2145, (Adopting an Amended Midtown Urban Renewal Plan)
Page 3 of 4
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 5
Codification.
This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a
disposition list in numerical order with all other ordinances of the City.
Section 6
Effective Date.
This Ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the _____ day of ________________, 20__.
____________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of
____________________, 20__. The effective date of this ordinance is __________, __, 20__.
_________________________________
CYNTHIA L. ANDRUS
Mayor
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Ordinance No. 2145, (Adopting an Amended Midtown Urban Renewal Plan)
Page 4 of 4
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
213
BOZEMAN MIDTOWN
URBAN RENEWAL DISTRICT
July 2023
214
Table of Contents Chapter 1. Introduction and Overview ........................................................ 1
Chapter 2. Description of the Bozeman Midtown Urban Renewal District 7 Chapter 3. Documentation of Blight .......................................................... 20 Chapter 4. Planning Consistency ............................................................... 26 Chapter 5. Goals and Strategies ................................................................. 32 Chapter 6. Project Evaluation Criteria ..................................................... 39 Chapter 7. Implementation ......................................................................... 42
Appendix A. Public Meeting Summaries ................................................... 53 Appendix B. Planning Consistency Review ............................................... 57
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Chapter 1. Introduction and Overview
In February 2005, the Bozeman City Commission directed city staff, pursuant to the provisions
of the State of Montana Urban Renewal Law, to examine conditions along North 7th Avenue and adjacent lands, in the midtown area of the City of Bozeman and report to the City Commission as to “the need for, desirability of, and feasibility of creating an urban renewal program”. The area examined was largely comprised of automobile oriented, strip commercial development
built on and adjacent to North 7th Avenue in the 1960’s and 70’s, in response to transportation-related improvements to Interstate 90 and Oak Street. These improvements have significantly influenced the platting of land and land-use, access, traffic and circulation, and development patterns in the area. In addition to the primary commercial corridor, portions of the residential neighborhoods that adjoin the North 7th Avenue to the east and west were also examined. These
areas were included in order to assure that any proposed urban renewal activities in the North 7th Avenue corridor would carefully consider issues associated with these well-established residential areas. More particularly, the area that was studied in 2005 included “the commercially zoned property
between North 5th Avenue and North 8th Avenue from Main Street north to the city limits, vacant
R-4 zoned parcels between Tamarack Street and Oak Street from North 5th Avenue to North 3rd Avenue right of way extended, and a commercially zoned parcel north of Oak Street between North 3rd Avenue right of way extended, and a commercially zoned parcel north of Oak Street between North 3rd Avenue right of way extended and the North Black Avenue alignment. Between West
Main Street and West Lamme Street, the original study area extended east only as far as a point
roughly mid-block between North 7th and North 5th Avenues.” The information gathered in the 2005 investigation indicated that the area was eligible for designation as an urban renewal district (URD) under 7-15-4201 et. seq MCA (the Montana Urban
Renewal Law), primarily due to:
• the defective or inadequate street layout identified within the study area
• instances of known deterioration
• inadequate provisions and/or age obsolescence of the following public improvements within the study area: storm drain, streets and sidewalks
• instances of age obsolescence of buildings within the study area
• inappropriate or mixed uses of land or buildings
• deterioration of site; and improper subdivision or obsolete platting Based on these findings, the City Commission adopted Resolution 3839, a Resolution of Necessity,
in August of 2005 and subsequently approved Ordinance 1685, on November 27, 2006. The
ordinance created the North Seventh Avenue Urban Renewal District and adopted the North Seventh Avenue Urban Renewal District Plan with a provision for tax increment financing, to be calculated using a base year of 2006. The Commission established a North Seventh Avenue Urban Renewal Board (NSURB) to serve in an advisory capacity to the Commission in planning for,
implementing and administrating a program of rehabilitation and revitalization for the District.
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The 2006 Plan notes that the North 7th Avenue is a vital part of the City of Bozeman and is an established entryway corridor that extends from I-90 south to Main Street. In the city's rating
system, this is a Class II corridor, which is automobile-oriented; however, it has the potential to
become more pedestrian-oriented while serving its arterial function. It serves as a major circulation corridor and is home for a variety of businesses that contribute to the vitality of the community. Historically, it served as the first north-south corridor for automobiles in the City and was the community’s first connection to Interstate 90. Visitors and residents alike recall a lovely
tree-lined avenue that served as a gateway to Montana State University.
However, important as it is today, North 7th Avenue’s full potential has not been fully realized. While the North Seventh Avenue Urban Renewal program has supported revitalization activities in the district, some issues remain. These include the lack of connection to other parts of the city
and the failure to diversify the types of uses and achieve the degree of intensity of development
that could occur. A key objective of the Plan was to establish a district identity for the corridor and the subareas within it. This objective has been partially met through the installation of trees, boulevards and other elements in a portion of the corridor in recent years, but the area remains without a unifying identity.
In March of 2015, the City Commission provided funding for the NSURB to examine several areas adjacent to the North Seventh Avenue Urban Renewal District, to determine whether the district could be expanded in order to better meet its goals and objectives. The NSURB had become concerned that the failure to address blighted conditions in these areas had stymied rehabilitation
and redevelopment within the existing district. In addition, the existing North Seventh Avenue
Urban Renewal District was, in some places, only one block from the Downtown Area Urban Renewal District, further exacerbating the lack of connectivity between the two areas. While the area in between was characterized by the same conditions that were present in both districts, it could not take advantage of ongoing urban renewal programs.
The NSURB directed that seven areas, adjacent to the existing urban renewal district, be evaluated as to whether it would be appropriate to expand the district to include all or some of these areas. These areas are as follows:
1. Southern Boundary Area, North Side of West Main Street - An area on the east side of the southern boundary of the urban renewal district was reviewed. It is bounded by Lamme Street on the north, West Main Street on the
south, North 3rd Avenue on the east and North
6th Avenue on the west. This area is located between two existing urban renewal districts, the North Seventh Avenue and the Downtown Urban Renewal Districts. The conditions of
blight in this area are similar to those found
inside each of these districts.
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2. Southern Boundary Area, South Side of West Main Street – An area located just south of the southern boundary of the North Seventh Avenue Urban Renewal District was examined. It is
bounded on the north by West Main Street, on the south by West Babcock Street, on the west by
South 9th Avenue and on the east by South 5th Avenue. This area exhibits conditions of blight similar to the two adjacent urban renewal districts and exclusion has resulted in limited reinvestment.
3. The Whittier School Remainder – While some of the Whittier School property is in the
original district, a portion of the property owned by the School District was not included. The area is directly south and southwest of the Whittier School and includes the playground and the school parking lot.
4. East Side Property – This area is located to the east of the existing urban renewal district and
is bounded on the north by Tamarack Street, on the south by Peach Street, on the west by North 5th Avenue and on the east by North 3rd Avenue. The area includes an improved BMX Park that has seen significant use and public investment in recent years. However, the overall area of the East Side Property exhibits a number of blighted conditions.
5. West Side Property – This parcel of land is bounded on the north by Oak Street, the south by Durston Road, on the east by what would be 8th Avenue and on the west by the future 11th Avenue,
excluding Royal Vista, Royal Vista Addition, Royal
Court and the west end of Birch. It directly abuts properties that front on the west side of North 7th Avenue. It is largely vacant and lacks adequate infrastructure and provides no access to areas to the
west. In effect, it forms a barrier between the urban
renewal district and the neighborhoods to the west. This in turn negatively affects revitalization efforts. 6. Northwest Site – This site is bounded on the south
by Patrick Street, on the north by Baxter Lane, on the
east by 11th Avenue and on the west by 15th Avenue. It is adjacent to several area hotels, but is largely vacant, and underutilized. 7. Murdoch’s Annexation Property – This site is comprised of 3.889 acres located on the north
side of Murdoch’s, and addressed as 2507 and 2511 North 7th Avenue. This area is located
between the existing North Seventh Avenue Urban Renewal District and an existing tax increment financing industrial district. Its exclusion has made it ineligible to benefit from various urban renewal and infrastructure programs.
The investigation’s findings revealed that these areas exhibited conditions of blight as defined in
the Montana Urban Renewal Law and that the improvement of these areas would benefit the overall North Seventh Avenue Urban Renewal program. On September 14, 2015, the Bozeman City Commission, with support from the NSURB, adopted Resolution 4639, a Resolution of
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Bozeman Midtown Urban Renewal District Plan – July 2023 Page 4
Necessity, finding that “the rehabilitation, redevelopment, or both of an area or areas are necessary in the interest of the public health, safety, morals, or welfare of the residents of the municipality.”
(7-15-4210 MCA) This in turn, provided the basis for amending the existing urban renewal plan
and district boundary to include any or all of these areas which were identified in the Resolution. Therefore this urban renewal plan amends the existing North Seventh Avenue Urban Renewal District to incorporate these additional areas. The ordinance adopting the amended plan and
district boundary will also establish a new name for the District. It will be known as the Bozeman Midtown Urban Renewal District, to more accurately reflect the size and location of the areas included. Statement of Purpose – Bozeman Midtown Urban Renewal District Plan
To address blighted conditions in the Midtown area, the City of Bozeman is continuing its program
of redevelopment and revitalization within and adjacent to the North 7th Avenue corridor through the expansion of the urban renewal district. The new district boundary and amended plan will be adopted by ordinance, which will provide for a new name for the district – the Bozeman Midtown Urban Renewal District. The Plan includes a provision to use tax increment financing, as funds
become available, in addition to other resources in implementing its goals and strategies.
The Plan provides a context for activities that will be undertaken by a variety of public and private entities. It recommends a series of programs and projects that may be undertaken by the local government to encourage reinvestment in the district, which will in turn address conditions that
have diminished the environmental, economic and cultural well being of the area over time.
Although the Montana Urban Renewal Law recognizes that eliminating the conditions that are referred to as urban blight is a matter of general public interest, this Plan has been developed, based on the underlying principle that it is the citizens who work, reside and own property in the area
who will be engaged directly in the revitalization effort.
Guiding Principles This Urban Renewal Plan is a reflection of sound public policy and thoughtful planning. To this end the following principles, further described in Chapter 6, will guide revitalization and
redevelopment efforts in the URD.
Readiness
Leveraging
Design
Public-Private Partnerships
Tax Increment Financing The City of Bozeman will continue to utilize Tax Increment Financing (TIF) in conjunction with other funding sources to help foster revitalization within the Midtown URD. The base year for the purposes of measuring any incremental value within the original district boundaries will continue
to be 2006, while the base year for the expanded portions of the district will be 2015.
Tax Increment Financing is a state authorized, locally driven funding mechanism that allows cities and counties to direct property tax dollars that accrue from new development, within a specifically
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designated district, to community and economic development activities. In Montana, TIF districts are authorized in parts 7-15-4201 and 4301, et. seq Montana Code Annotated (MCA), the State’s
Urban Renewal Law.
TIF districts are typically characterized by conditions that are defined as blight and/or infrastructure deficiencies that have limited or prohibited new investment. A base year is established from which "incremental" increases in property values are measured. Virtually all of
the resulting new property tax dollars (with the exception of the six mill state-wide university levy)
can be directed to redevelopment and economic revitalization activities within the area in which they are generated. Taxpayers located within a TIF district
pay the same amount as they would if the
property were located outside the district. TIF only affects the way that taxes, once collected, are distributed. Taxes that are derived from base year taxable values
continue to be distributed to the various
taxing jurisdictions – local and state government entities and school districts. Taxes derived from the incremental increase in taxable value are placed in a
special fund for purposes set forth in an
Urban Renewal Plan. Tax Increment Financing Districts are authorized for 15 years, but may be
extended for up to an additional 25 years if
TIF revenue bonds are sold any time during the first 15 years. Funds may be used for a variety of purposes as provided for in 7-15-4288 MCA and include improvements to vehicular and pedestrian transportation infrastructure, streetscapes, parks and landscaping, water and sewer lines and for connecting to infrastructure outside the
district. While funds are typically used for public infrastructure investments, there are instances
where local governments have used TIF funds to partner with private property owners to make improvements to historic buildings, to address life-safety issues and to enhance landscaping. The statutes also provide for the establishment of a TIF revolving loan program that can support private investment in the TIF District. Loan funds can continue to “revolve” beyond the life of the District.
In order to proceed with the expansion of the district, formerly known as the North Seventh Avenue URD, the City of Bozeman was required to provide documentation that blighted conditions exist within the district and pass a Resolution of Necessity to address blighted conditions. The Montana Urban Renewal law states in 7-15-4210 MCA, that a municipality may not exercise any of the
powers authorized by part 42 and 43 until after its local governing body has adopted a resolution
finding that: (1) one or more blighted areas exist in the municipality as documented by the presence of at least three blighted conditions; and
Tax Increment Financing Schematic
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Bozeman Midtown Urban Renewal District Plan – July 2023 Page 6
(2) the rehabilitation, redevelopment, or both of an area or areas are necessary in the interest of the public health, safety, morals, or welfare of the residents of the municipality.
As noted above, the Resolution of Necessity – City of Bozeman Resolution 4639 was adopted on September 14, 2015.
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Chapter 2. Description of the Bozeman Midtown Urban Renewal District The Setting The City of Bozeman is the county seat of Gallatin County located in southwest Montana. The
City is named for John M. Bozeman who established the Bozeman Trail and was a key founder of the town in August 1864. The town became incorporated in April 1883 with a city council form of government and later in January 1922 transitioned to a city manager/city commission form of government. Bozeman residents approved a City Charter in the November 2006 general election. Bozeman was elected an All-America City in 2001 by the National Civic League. Bozeman is
home to Montana State University and is served by Bozeman Yellowstone International Airport. (Wikipedia) Demographic and Economic Information The City of Bozeman is growing. According to 2014 Census estimates, there are 41,660 people
living in the City of Bozeman, significantly higher than the 2010 Census figure of 37,280. The county’s population is projected to experience continued growth through 2060, from 97,197 in 2015 to 145,389 in 2060, an increase of nearly 50% (Montana Economic and Information Center). Census information, recorded over a one hundred year period, beginning in 1910, indicates that the City’s population has grown rapidly since 1950. The following figure presents population data
for the City from 1910 to 2010, based on the decennial census.
Source: Montana Census and Economic Information Center
However, despite rapid growth, the City’s poverty rate at 21.2% is significantly higher than the
poverty rates for Gallatin County, Montana and the nation, which are 14.1%, 15.2% and 15.4% respectively. (American Community Survey – ACS, 2009-2013). Median Household Income for residents living in Bozeman is $44,615, lower than the County’s
median, which is $52,833 and somewhat lower than the state, at $46,230 and the nation, at $53,046
(ACS, 2009-2013). The following table shows employment in the City of Bozeman by industry. The “Educational services, health care and social assistance” sector employs the most people, followed by “arts, entertainment, and recreation, and accommodation and food services” and “retail trade”.
0500010000150002000025000300003500040000 City of Bozeman Population -1890 to 2010
Population
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EMPLOYMENT BY INDUSTRY CITY OF BOZEMAN SOURCE: ACS 2009-2013 ESTIMATE MARGIN OF
ERROR
PERCENT PERCENT MARGIN
OF ERROR
Civilian employed population 16 years and over 21,647 +/-580 21,647 (X)
Agriculture, forestry, fishing and hunting, and mining 499 +/-138 2.3% +/-0.6
Construction 1,247 +/-244 5.8% +/-1.1
Manufacturing 1,369 +/-298 6.3% +/-1.3
Wholesale trade 484 +/-154 2.2% +/-0.7
Retail trade 2,951 +/-415 13.6% +/-2.0
Transportation and warehousing, and utilities 485 +/-168 2.2% +/-0.8
Information 293 +/-125 1.4% +/-0.6
Finance and insurance, and real estate and rental and leasing 1,132 +/-309 5.2% +/-1.4
Professional, scientific, and management, and administrative and waste management services 2,613 +/-609 12.1% +/-2.7
Educational services, and health care and social assistance 5,544 +/-439 25.6% +/-2.1
Arts, entertainment, and recreation, and accommodation and food services 3,385 +/-472 15.6% +/-2.1
Other services, except public administration 895 +/-210 4.1% +/-1.0
Public administration 750 +/-306 3.5% +/-1.4
Urban Renewal Area Description
As noted above, the original North Seventh Avenue Urban Renewal District includes the North 7th Avenue corridor and portions of adjacent neighborhoods to the east and west. The following brief history of the area is taken from a 2013 article in Bozeman Magazine written by Courtney Kramer, entitled Wrapping Signal Boxes In History.
“North Seventh Avenue became an entryway to Bozeman during the mid-20th century, when automobile transportation eclipsed streetcars and trains. First as the road to Belgrade, then as a connection to Interstate 90, North Seventh Avenue developed as a car-oriented commercial area. In fact, for a short time in the early 1960s, travelers had to detour from I-90, south on Seventh
Avenue, then East on Main and back onto I-90 while the road section between the North Seventh
and East Main interchanges was under construction. As a result, motor court hotels (later shortened to “motels”) like the Rainbow Motel, the Royal Seven and the Rambler Motel (now known as the Bozeman Inn) developed to provide lodging facilities for travelers. Across I-90 the Starlight Drive-In provided a venue for movie-viewing from the comfort of the family car.”
(bozemanmagazine.com/articles/2013/12/31/22635_wrapping-signal-boxes-in history)
As noted above, today the corridor is a key community entryway, connecting Interstate 90 with Bozeman’s core, particularly the downtown and the Montana State University Campus. While North 7th Avenue originally featured street trees along most of the corridor, road reconstruction
and the building of off-street parking required the removal of the trees over time.
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Land Use in the Urban Renewal Area Generally, the Bozeman Midtown Urban Renewal District is characterized by a mixture of strip
commercial (including big box stores, fast food restaurants, and motels), adjacent residential and
some light industrial uses. As noted above, the core of the area is largely comprised of automobile oriented, strip commercial development built on and adjacent to North 7th Avenue in the 1960’s and 70’s, in response to transportation-related improvements to Interstate 90 and Oak Street. These improvements have significantly influenced the platting of land and land-use, access, traffic
and circulation, and development patterns in the area. Residential properties include a mix of
single- and multi-family dwellings. The Whittier School is located in the eastern portion district and serves area neighborhoods. The expansion areas include large vacant parcels, some park / open space lands and properties excluded from other TIF districts. Development of these areas has been limited by the lack of connectivity in the road system as well as other public infrastructure.
Map of the North Seventh Avenue Urban Renewal District and Expansion Areas The existing North Seventh Avenue Urban Renewal area is shown in blue on the map below with each expansion area shown in yellow on the same map below. An enlarged map of each expansion areas is found starting on page 13.
These maps are intended for visual display purposes and to assist the Montana Department of Revenue with certification. The accuracy of these maps shall not affect, impair or nullify this plan or the adoption process for this Urban Renewal District.
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Legal Description of the Original North Seventh Avenue Urban Renewal District
Beginning at the point of the southeast corner of Lot 7 Block 1 of the Springbrook Addition thence
westerly approximately 270 feet to the southwest corner of Lot 17 Block 1 of the Springbrook Addition, thence westerly approximately 30 feet to the centerline of North 8th Avenue, thence northerly approximately 1,292 feet to the centerline of West Villard Street thence easterly approximately 30 feet to the southwest corner of Lot 8 of the Durston Subdivision, thence northerly
approximately 665 feet, thence westerly approximately 4 feet, thence northerly approximately 214
feet to the centerline of West Peach Street, thence westerly approximately 65 feet to the southwest corner of Lot 18 Block 1 of Durstons Second Subdivision, thence northerly approximately 1980 feet to the southwest corner of Lot 3 Block 2 of the Vista Addition, thence easterly approximately 150 feet to the southwest corner of Lot 2 Block 2 Vista Subdivision, thence northerly
approximately 645 feet to the northwest corner of Lot 14 Block 1 Vista Addition, thence westerly
approximately 1246 feet along the southern boundary of the Oak Street right-of-way to the northwest corner of Tract 1 of C.O.S. 2082, thence northerly approximately 1706 feet down the centerline of North 11th Avenue to the south boundary of the Baxter Lane right-of-way, thence northerly approximately 70 feet across the Baxter Lane right-of-way, thence northerly
approximately 170 feet across the MDOT right-of-way for Interstate 90 to the southwest corner of
Lot 2 of the Wheat Commercial Subdivision, thence northwesterly approximately 1000 feet along the southern boundary of Tract A of C.O.S. 391A to the westernmost point, thence easterly approximately 800 feet to the northwest corner of Lot 1 of the Wheat Commercial Subdivision, thence easterly approximately 789 feet to a point approximately 25 feet from the northeast corner
of Lot 12 of the Wheat Commercial Subdivision, thence northerly approximately 965 feet to the
northwest corner of Lot 3 of the Gordon Mandeville School Section Subdivision, thence easterly approximately 440 feet to the west boundary of the North 7th Avenue right-of-way boundary , thence northerly approximately 1760 feet to a point where the west boundary of the North 7th Avenue right-of-way intersects the Burlington Northern right-of-way, thence southeasterly
approximately 1,408 feet along the Burlington Northern right-of-way to the southeast corner of
Lot 18A of the Amended Plat of the Gordon Mandeville State School Section Subdivision, thence westerly approximately 200 feet to the northeast corner of Lot 17 of the Gordon Mandeville School Section Subdivision, thence southerly approximately 481 feet to the southwest corner of Lot 20 of the Gordon Mandeville School Section Subdivision, thence southwesterly approximately 107 feet
to the southeast corner of Lot 16 of the Gordon Mandeville School Section Subdivision, thence
westerly approximately 260 feet to the northeast corner of Lot 15B of Minor Subdivision #49, thence southerly approximately 686 feet to a point along the north boundary of Lot 20 of the Industrial Park Subdivision approximately 20 feet west of the northeast corner of said lot, thence westerly approximately 340 feet to the northeast corner of Lot 22 of the Industrial Park
Subdivision, thence southerly approximately 698 feet to the southwest corner of Lot 14 of the
Industrial Park Subdivision, thence southeasterly approximately 100 feet to the northwest corner of Lot 3A of the Industrial Park Subdivision, thence southerly approximately 550 feet along the east boundary of Lot 3A of the Industrial Park Subdivision across the MDOT right-of-way of Interstate 90 to a point along the north boundary of Lot 1 of Minor Subdivision #109 approximately
486 feet from the northeast corner of said lot, thence southeasterly approximately 486 feet to the
northeast corner of Lot 1 of Minor Subdivision #109, thence southeasterly along the MDOT right-of-way for Interstate 90 S72°17'38"E a distance of 324.41 feet and along a non-tangent curve to the right having a radial bearing of S17°44'19"W and a radius of 22,795.00 feet a distance of
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1096.81 feet to the northwest corner of Tract 2 of Certificate of Survey No. 2128B; thence along the westerly line of said Tract 2 S01°26'44"E a distance of 372.92 feet and S47°04'50"W a distance
of 207.62 feet to a point on the north right-of-way line of West Oak Street, thence westerly
approximately 1111’ to the centerline of North 3rd Avenue, thence southerly approximately 1523 feet to the centerline of West Tamarack Street, thence westerly approximately 776 feet to a point approximately 30 feet north of the northwest corner of Lot 11 Block 2 of the 7th Addition, thence southerly approximately 1443 feet along the west side of the right-of-way for North 5th Avenue to
the southeast corner of Lot 6 Block 1 of the Violett Addition, thence westerly approximately 401
feet to the centerline of the alleyway intersection of West Short Street, thence southerly approximately 522 feet to the centerline of West Villard Street, thence easterly approximately 249 feet to a point approximately 30 feet north of the northwest corner of Lot 6 Block 2 of Border Tract 13, thence southerly approximately 30 feet to the northwest corner of Lot 6 Block 2 of Border
Tract 13, thence southerly approximately 556 feet to the southeast corner of Lot 7 Block E Tracy’s
3rd Addition, thence southerly approximately 30 feet to the centerline of West Lamme Street, thence westerly approximately 85 feet to a point approximately 30 feet north of the northeast corner of Lot 33 Block E Tracy’s 2nd Addition, thence southerly approximately 68 feet to the southeast corner of Lot 10 Block E Tracy’s Addition, thence westerly approximately 368 feet to
the southeast corner of Lot 7 Block 1 of the Springbrook Addition, the point of beginning.
Descriptions and Maps of the Expansion Areas. This information is intended to assist the Montana Department of Revenue with certification. The accuracy of this information shall not
affect, impair or nullify this plan or the adoption process for this Urban Renewal District.
1. Southern Boundary Area, North Side of West Main Street – This area is bounded by Lamme Street on the north, West Main Street on the south, North 3rd Avenue on the east and North 6th Avenue on the west.
Description: The Southern Boundary Area, North Side of West Main Street includes: Lots 35-36, Block E, Tracy’s 2nd Addition Lots 1-7, and 10A, Block E, Tracy’s 2nd Addition Lots 1-21, Block D, Tracy’s 2nd Addition
Lots 22-33, Block D, W.H. Tracy’s Addition to Bozeman (Tracy’s 1st Addition)
Lots 1-9, plus east ½ of Lot 10 and Lots 39-48, and vacated alley adjacent to lots 3-9 and Lots 40-46, Block E,W.H. Tracy’s Addition to Bozeman (Tracy’s 1st Addition) 2. Southern Boundary Area, South Side of West Main Street – This area is bounded on the
north by West Main Street, on the south by West Babcock Street, on the west by South 9th Avenue
and on the east by South 5th Avenue. Description: The Southern Boundary Area, South Side of West Main Street include all of the parcels bound by West Main Street, 7th Avenue South, West Babcock Street and 9th Avenue South,
including a vacated street; and Lots 1–21, Block E, Story Addition.
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Map of Expansion Areas 1. and 2. Southern Boundary Area
3. The Whittier School Remainder – While some of the Whittier School property is in the
original district, a portion of the property owned by the School District was not included. The area is directly south and southwest of the Whittier School and includes the playground and the school parking lot.
Description: Lots 1 and 2, Block 3 of the Violett Addition, and Lots 1 and 18 and the north 26 feet
of Lots 2 and17 of the Violett Addition plus the adjacent vacated alley. 4. East Side Property – This area is located to the east of the existing urban renewal district and
is bounded on the north by Tamarack Street, on the south by Peach Street, on the west by North
5th Avenue and on the east by North 3rd Avenue. Description: Parcels found in the block, located in the southeast quarter of the southeast quarter of Section 1, Township 2 South, Range 5 East, which is bordered on north by West Tamarack Street,
on the south by West Peach Street, on the east by North 3rd Avenue, and on the west by North 5th Avenue.
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Map of Expansion Areas 3. The Whittier School Remainder and 4. East Side Property
5. West Side Property – This parcel of land is bounded on the north by Oak Street, the south by Durston Road, on the east by what would be 8th Avenue and on the west by the future 11th Avenue, excluding Royal Vista, Royal Vista Addition, Royal Court and the west end of Birch. It directly abuts properties that front on the west side of North 7th Avenue.
Description Parcels located within that portion of the west half of the southeast quarter of Section1, Township 2 South, Range 5 East described as follow: Beginning at the South ¼ corner of Section 1, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana: thence northerly
along the midsection line of said Section 1 a distance of 1999. 67 feet to the southwest corner of
Tract 1, C.O.S. 2082; thence easterly along the south line of said Tract 1 and the south line of Royal Vista Addition a distance of 940 feet more or less the southwest corner of Lot 3 Block 2 of Royal Vista Addition, thence southerly a distance of 2000 feet more or less to the south section line of Section 1, thence westerly to the point of beginning.
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Map of Expansion Area 5. West Side Property
6. Northwest Site – This site is bounded on the south by Patrick Street, on the north by Baxter Lane, on the east by 11th Avenue and on the west by 15th Avenue. Description
Parcels described as Lots 1, 2, and 3 of Block 3, Phase 2, and Lot 6(6a), Phase 1 PT Land Subdivision located in Section 1, Township 2 South, Range 5 East.
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Map of Expansion Area 6. Northwest Site
7. Murdoch’s Annexation Property – This site is comprised of 3.889 acres located on the north side of Murdoch’s, and addressed as 2507 and 2511 North 7th Avenue. Description: Tracts 5, 6, 9 and 10 of the Gordon Mandeville State School Subdivision, in Section
36, Township 1 South, Range 5 East.
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Map of Expansion Area 7. Murdoch’s Annexation Property
Legal Description of the Bozeman Midtown Urban Renewal District Beginning at the South ¼ corner of Section 1, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana: thence northerly along the mid section line of said Section 1 a distance of 1999. 67 feet to the southwest corner of Tract 1, C.O.S. 2082; thence easterly along
the south line of said Tract 1 and the south line of Royal Vista Addition a distance of 1034.42 feet
to the centerline of the alley in Block 2 of Royal Vista Addition; thence northerly along said alley centerline a distance of 646.50 feet to the north line of Royal Vista Addition; thence westerly along said north line of Royal Vista Addition and the north line of Tract 1 of C.O.S. 2082 a distance of 1095.87 feet to the northwest corner of said Tract 1; thence northerly along the centerline of N.
11th Avenue a distance of 858 feet to the intersection of the centerline of N. 11th Avenue and the
centerline of Patrick Street; thence westerly along the centerline of Patrick Street to the southwest corner of Lot 6, PT Lands Subdivision Phase 1; thence northerly along the west line of said Lot 6 a distance of 1644.04 feet to the northwest corner of said Lot 6; thence northeasterly across the right-of-way of Baxter Lane and Interstate Highway 90 a distance of 491 feet more or less to the
northwest corner of Tract A, C.O.S. 391A; thence easterly along the north line of said Tract A a
distance of 905.89 feet to the north ¼ corner of Section 1, Township 2 South, Range 5 East; thence easterly along the north line of said Section 1 a distance of 707.03 feet; thence northerly along the west line of Flora Lane a distance of 1485.41 to a point; thence easterly across Flora Lane and along the north line of Lots 6 and Lot 9 of Gordon Mandeville State School Section Subdivision a
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distance of 440.0 feet to the west line of N. 7th Avenue (also known as U.S. Highway 10); thence northerly along said west line of N. 7th Avenue extended to a point on the southerly right-of-way
of the Burlington Northern Railroad; thence southeasterly along said railroad right-of-way a
distance of 254 feet more or less to the north corner of Tract 19B, Amended Plat E-38-D, Gordon Mandeville State School Section Subdivision; thence southeasterly along said railroad right-of-way a distance of 1119.74 feet to the northeast corner of Lot 20 of Gordon Mandeville State School Section Subdivision; thence westerly along the north line of said Lot 20 a distance of 198.88 feet
to the northeast corner of Lot 17 of Gordon Mandeville State School Section Subdivision; thence
southerly along the east line of Lots 17 and 16 of Gordon Mandeville State School Section Subdivision a distance of 609.35 feet; thence southwesterly along the east line of said Lot 16 a distance of 82.30 feet; thence southerly along the east line of said Lot 16 a distance of 25.00 feet; thence along the south line of said Lot 16 a distance of 247.35 feet; thence southerly along the
west line of Lots 28 and 27 of Gordon Mandeville State School Section Subdivision a distance of
609.35 feet to the southwest corner of said Lot 27; thence southerly across the right-of-way of West Griffin Drive a distance of 85 feet to a point on the south line of West Griffin Drive, said point being 28.14 feet west of the northeast corner of Lot 20, McChesney Industrial Park Subdivision; thence easterly along the north lines of Lots 20, 21A, and 22 of McChesney Industrial
Park Subdivision a distance of 328.14 feet to the northeast corner of said Lot 22; thence southerly
along the east lines of Lots 22 and 15 of McChesney Industrial Park Subdivision a distance of 707.75 feet to the southeast corner of said Lot15; thence southeasterly across the right-of-way of Nikles Drive a distance of 100 feet more or less to the northwest corner of Lot 3A of McChesney Industrial Park Subdivision; thence easterly along the north line of said Lot 3A a distance of 100
feet to the northeast corner of said Lot 3A; thence southerly along the east line of said Lot 3A a
distance of 362.86 feet to the southeast corner of said Lot 3A; thence southerly across the right-of-way of Interstate Highway 90 a distance of 288 feet more or less to the north corner of Lot 1A of Minor Subdivision 109C, said point also being on the south right-of-way of Interstate Highway 90; thence southeasterly along said right-of-way a distance of 1942.55 feet to the northwest corner
of Tract 2, C.O.S. 2128B; thence southerly along the west line of Tract 2, C.O.S. 2121B a distance
of 372.92 feet; thence southwesterly a distance of 292.6 feet more or less to a point on the east-west mid-section line of Section 6, Township 2 South, Range 6 East, said point being 1117 feet east of the west ¼ corner of said Section 6; thence westerly along said mid-section line 1117 feet to the west ¼ corner of said Section 6; thence southerly a distance of 2663.4 feet to the southwest
corner of Section 6, Township 2 South, Range 6 East, said point also being on the centerline of
Peach Street; thence westerly along the centerline of Peach Street a distance of 777.35 feet to the west line of N. 5th Avenue; thence southerly along the west line of N. 5th Avenue a distance of 523.6 feet to the northeast corner of Lot 3, Block 4, Violett Addition; thence westerly along the north line of Lots 3 and 16 of Block 4, Violett Addition, a distance of 242.98 feet; thence
northwesterly across the right-of-way of N. 6th Avenue a distance of 52 feet more or less to the
southeast corner of Lot 2, Block 3, Violett Addition; thence westerly along the south line of said Lot 2 a distance of 117 feet to the centerline of the alley in Block 3, Violett Addition; thence southerly along said alley centerline a distance of 386 feet to the centerline of W. Villard Street; thence easterly along the centerline of W. Villard Street a distance of 253 feet; thence southerly
along the extended west line of Block 6, Karps Addition a distance of 388 feet to the south line of
W. Beall Street; thence easterly along the south line of W. Beall Street a distance of 27.5 feet to the northwest corner of Lot 29, Block E, Tracys 3rd Addition; thence southerly along the west lines of Lots 29, 25, and 5 of Block E, Tracys 3rd Addition to the southwest corner of said Lot 5;
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thence southwesterly across the right-of-way of W. Lamme Street a distance of 66 feet more or less to the northeast corner of Lot 36, Block E, Tracys 2nd Addition; thence southerly along the
east line of said Lot 36 to a point on the centerline of the alley in Block E, Tracys 2nd Addition;
thence easterly along the centerline of the alley in Block E and Block D of Tracys 2nd Addition to the west line of N. 3rd Avenue; thence southerly along the west line of N. 3rd Avenue to the southeast corner of Lot 1, Block D, Tracys 2nd Addition; thence westerly along the south line of said Block D to the southwest corner of Lot 9 of said Block D; thence southerly across the right-
of-way of W. Mendenhall Street a distance of 56 feet more or less to the northeast corner of Lot
33, Block D, Tracys 1st Addition; thence southerly along the east line of said Lot 33 140 feet to the north line of the alley in Block D, Tracys 1st Addition; thence westerly along said north line of the alley 388 feet to the west right-of-way line of N. 5th Avenue; thence southerly along the west right-of-way line of N. 5th Avenue 160 feet to the north line of W. Main Street; thence
southwesterly across the right-of-way of W. Main Street a distance of 93 feet more or less to
northeast corner of Lot 1, Block E, Storys Addition; thence southerly along the east line of said Lot 1 a distance of 138 feet to a point on the centerline of the alley in Block E, Storys Addition; thence westerly along said alley centerline a distance of 660 feet to the centerline of S. 7th Avenue; thence southerly along the centerline of S. 7th Avenue a distance of 168 feet to the centerline of
W. Babcock Street; thence westerly along the centerline of W. Babcock Street a distance of 690
feet to the centerline of S. 9th Avenue; thence northerly along the centerline of S. 9th Avenue a distance of 321 feet to the centerline of W. Main Street; thence easterly along the centerline of W. Main Street a distance of 445 feet to the centerline of N. 8th Avenue; thence northerly along the centerline of N. 8th Avenue a distance of 1373.8 feet to the north line of W. Villard Street; thence
easterly 30 feet to the southeast corner of Lot 14C, Kibbey Plaza Subdivision; thence along the
following courses along the east line of Kibbey Plaza Subdivision: northerly 665.1 feet, westerly 4.0 feet, and northerly 200.03 feet to the south line of Durston Road; thence westerly along the south line of Durston Road a distance of 1052.91 feet; thence northerly 32 feet to the South ¼ corner, Section 1, Township 2 South, Range 5 East, the point of beginning.
Parcels A list of parcels within the district was obtained from the Montana Department of Revenue to meet the requirements for mail notice and certification. The list of parcels included identifying geocodes
and the following information.
• Property owners’ names, property address and mailing addresses of all properties with geocodes for every property in the district.
• All centrally assessed properties and their geocodes within the district. An estimate of the
number of miles of railroad tracks.
• Personal property within the district and the corresponding assessor codes
• Mobile homes/manufactured homes not attached to real property within the district and
their assessor codes
This information is intended to help document notice requirements and assist the Montana Department of Revenue with certification. The veracity of this information, obtained from the Montana Department of Revenue, shall not affect, impair or nullify this plan or the adoption process for this Urban Renewal District.
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Chapter 3. Documentation of Blight Defining Blight As noted above, according to 7-15-4210 MCA, a municipality may only adopt a Resolution of
Necessity to create an urban renewal district, if at least three conditions of blight, as defined in 7-15-4206 MCA, exist in all or part of the area under consideration. Montana law sets forth the specific conditions that constitute blight. In particular, state statute defines a blighted area as one that substantially impairs or arrests the sound development of communities, or constitutes an economic or social liability.
Per 7-15-4206(2), MCA, a “blighted area” may be identified as such by reason of: (a) the substantial physical dilapidation; deterioration; defective construction, material, and arrangement; or age obsolescence of buildings or improvements, whether residential or nonresidential;
(b) inadequate provision for ventilation, light, proper sanitary facilities, or open spaces as determined by competent appraisers on the basis of an examination of the building standards of the municipality; (c) inappropriate or mixed uses of land or buildings; (d) high density of population and overcrowding;
(e) defective or inadequate street layout; (f) faulty lot layout in relation to size, adequacy, accessibility, or usefulness; (g) excessive land coverage; (h) unsanitary or unsafe conditions; (i) deterioration of site;
(j) diversity of ownership; (k) tax or special assessment delinquency exceeding the fair value of the land; (l) defective or unusual conditions of title; (m) improper subdivision or obsolete platting; (n) the existence of conditions that endanger life or property by fire or other causes;
or (o) any combination of the factors listed in this subsection (2).” (Montana Laws) Blighted Conditions in the Midtown area of Bozeman Areas of blight as defined by 7-15-4206(2), MCA, exist within the Midtown area, which includes
the existing North Seventh Avenue Urban Renewal District, associated with some or all of the following:
• physical dilapidation, deterioration, age obsolete structures and private improvements – with respect to but not limited to such things as buildings, facades, signage, irrigation,
ADA compliance, parking facilities, paving, storm drainage, life safety and landscaping;
• physical dilapidation, deterioration, age obsolete quasi-public improvements – such as but not limited to overhead electric lines, gas lines, lack of or limited communication lines and services (broadband, dark fiber, etc.);
• physical dilapidation, deterioration, age obsolete public structures and improvements - with respect to but not limited to such things as buildings, life safety, signage, storm drainage, lighting, parks, landscaping, irrigation, playground equipment, fencing, parking facilities, paving, fire hydrants, streets, curbs, gutters, and sidewalks;
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• inadequate provision of ventilation, light, proper sanitary facilities, or open spaces based
on the building standards of the municipality – with respect to but not limited to such things
as adequate landscaped areas, green space, gathering areas, event venues, parks, use of non-permanent sanitary facilities, street lighting, bike paths, and pedestrian trails;
• inappropriate or mixed uses of land or building - such as but not limited to low density or vacant lands in the urban core, industrial uses in commercial areas, vehicular focused uses
in pedestrian centric areas, lack of connectivity to adjacent residential neighborhoods, and uses which are not in conformance, accordance or compliance with current plans, standards or codes;
• inappropriate density of population – such as but not limited to low density or vacant lands
in the urban core, and density of land which is not in conformance, accordance or compliance with current plans, standards or codes;
• defective or inadequate street layout – including but not limited to dead end streets and sidewalks, incomplete streets, and lack of street lighting, lack of curb, gutter, or sidewalks;
• faulty lot layout in relation to size, adequacy, accessibility, or usefulness – including but not limited to large lots which need to be subdivided to be useful, lots that are too small to be useful, poor drainage and lots with excessive or undeveloped accesses not in conformance, accordance or compliance with current plans, standards or codes;
• inappropriate land coverage - including but not limited to low density or vacant lands in the urban core, and land coverage not in conformance, accordance or compliance with current plans, standards or codes
• unsanitary or unsafe conditions – including but not limited to uncontrolled accesses,
deteriorating improvements, barb wire fencing, inadequate storm drainage and broken sidewalks;
• deterioration of site – including but not limited to broken or missing curb, gutter, sidewalks,
paving, fencing, irrigation, landscaping, and signage not in conformance, accordance or
compliance with a current plans, standards or codes;
• diversity of ownership – including but not limited to impediments to rehabilitation from multiple owners of a single property, estate ownership, and impediments to parcel consolidation for redevelopment due to ownership;
• tax or special assessment delinquency exceeding the fair value of the land
• defective or unusual conditions of title – including but not limited to “no build” restrictions on remainder parcels;
• improper subdivision or obsolete platting – including but not limited to remainder parcels, small lots, unsubdivided lots, and lots that are not in conformance, accordance or compliance with current plans, standards or codes;
• the existence of conditions that endanger life or property by fire or other causes – including
but not limited to buildings or properties that may not meet life safety standards such as
fire sprinklers, fire hydrants and ADA compliance; and
• any combination of the factors described above
Blighted Conditions in the Original North Seventh Avenue Urban Renewal District
The Statement of Blight prepared as a basis for the creation of the North Seventh Urban Renewal District in 2006 specifically identified the following conditions of blight:
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• The defective or inadequate street layout identified within the study area;
• Instances of known deterioration;
• Three inadequate provisions and/or age obsolescence of the following public
improvements within the study area: storm drain, streets and sidewalks;
• Instances of age obsolescence of buildings within the study area;
• Inappropriate or mixed uses of land or buildings;
• Deterioration of site; and
• Improper subdivision or obsolete platting. Blighted Conditions in the Expansion Areas The review of the areas identified for inclusion in the existing North Seventh Avenue Urban
Renewal District revealed that these areas exhibited conditions of blight as defined in the Montana Urban Renewal Law. Following is a description of some of the blighted conditions that were identified in each of the areas examined. 1. and 2. Southern Boundary Areas – These areas, located between two existing urban renewal
districts, the North Seventh Avenue and the Downtown Urban Renewal Districts were examined. The conditions of blight in these two areas are similar to those found inside each of these districts and their exclusion has resulted in diminished investment in parcels along this connecting corridor.
More particularly, the areas exhibit a number of blighted conditions including but are not limited to the following:
• Age obsolescence of buildings and improvements –
Physically, these areas are suffering from deferred
maintenance and deterioration of both buildings and empty spaces. Many of the structures in these areas are older and exhibit signs of deterioration. For example, the hotel pictured here was recently closed,
is now vacant and building/fire code issues preclude it from re-opening. Alleys are of
particular concern, especially in cases where alleys provide primary access to parking facilities. Alleys are unpaved and ungraded.
• Inappropriate uses of land – Although adjacent to two key commercial districts, the areas
are characterized by lower density development, which results in lower land values and
less efficient use of public infrastructure and services.
• Unsafe conditions – Parking lots and adjacent alleys, in some cases, have uncontrolled access. The designs of parking lots, alleyways, and driveways create blighted conditions that diminish the value of property in the area and present hazards for pedestrians. The
age obsolescence of some structures and aging public infrastructure may also endanger life or property. 3. The Whittier School Remainder – A portion of the property owned by the School District
was left out of the original urban renewal district. The area is directly adjacent to the Whittier
School and includes the playground and the school parking lot. Conditions of blight in this area include but are not limited to:
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• Age obsolescence – The facilities on the site
are older and have been identified by the
School District as in need of improvements.
• Defective or inadequate street layout – The alley adjacent to the school property is unpaved.
• Unsafe conditions – Deteriorating sidewalks in this area present hazards to pedestrians 4. East Side Property – This area is located to the east
of the existing urban renewal district and is bounded on the north by Tamarack Street, on the south by Peach Street, on the west by 5th Avenue and on the east by 3rd Avenue. The area includes an improved BMX Park that has seen significant use and public investment in recent years. However, the overall area of the East Side Property exhibits a number of blighted conditions including but not
limited to the following:
• Inappropriate uses of land – The land is largely vacant and underutilized. Its value is diminished by poor access.
• Defective or inadequate street layout – The
area lacks adequate streets, sidewalks, curbs and gutters.
• Faulty lot layout in relation to size,
adequacy, accessibility, or usefulness – In addition to
poor access, the site has poor drainage.
• Deterioration of site/Unsafe conditions – The overall area is not maintained and there are
rough areas that present hazardous conditions.
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5. West Side Property – This parcel of land is bounded on the north by Oak Street, the south by Durston Road, on the east by what would be 8th Avenue and
on the west by 11th Avenue, excluding Royal Vista, Royal
Vista Addition, Royal Court and the west end of Birch. It directly abuts properties that front on the west side of North 7th Avenue. It is largely vacant and lacks adequate infrastructure and provides no access to areas to the west. In
effect, it forms a barrier between the urban renewal district
and the neighborhoods to the west. This in turn negatively affects revitalization efforts. Specific blighted conditions include but are not limited to:
• Inappropriate uses of land – Although adjacent to the
North 7th Avenue corridor, the area is characterized by lower density development, which results in lower land values and less efficient use of public infrastructure and services.
• Defective or inadequate street layout – The area has no transportation infrastructure – North 8th Avenue ceases to exist here. There are no sidewalks, curbs or gutters.
• Faulty lot layout in relation to size, adequacy, accessibility, or usefulness – As noted
above, there is no access to the site and the site exhibits drainage problems.
• The existence of conditions that endanger life – Much of the property is fenced using barbed wire. There is no safe pedestrian access.
6. Northwest Site – This site is bounded on the south by Patrick Street, on the north by Baxter Lane, on the east by 11th Avenue and on the west by 15th Avenue. It is adjacent to several area hotels, but is largely vacant, and underutilized. Blighted conditions include but are not limited to:
• Inappropriate uses of land – the area is characterized by lower density development,
which results in lower land values and less efficient use of public infrastructure and
services.
• Defective or inadequate street layout – The road infrastructure is limited. Existing roads, including the minor arterial North 15th
Avenue, “dead end” in several places
resulting in poor access to much of the site.
• Faulty lot layout in relation to size,
adequacy, accessibility, or usefulness –
The site is characterized by poor drainage, and no access to adjacent properties. Sidewalks, curbs and gutters are generally missing.
• The existence of conditions that endanger – Much of the property is fenced using barbed wire. There is no safe pedestrian access.
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7. Murdoch’s Annexation Property – This site is comprised of 3.889 acres located on the north
side of Murdoch’s, and addressed as 2507 and 2511 North 7th Avenue. These lots were recently
annexed into the City of Bozeman. This area is located between an existing urban renewal district and an existing tax increment financing industrial district. Its exclusion has made it ineligible to benefit from various urban
renewal and infrastructure programs. Conditions of blight include but are not limited to:
• Age obsolete structures and improvements – Physically, these areas are suffering from deferred maintenance and deterioration of both buildings and empty spaces. Many of the structures in these areas are older and exhibit signs of deterioration. • Inappropriate uses of land – These industrial uses result in lower land values and less
efficient use of public infrastructure and services.
• Defective or inadequate street layout – Street improvements, including but not limited to paving, curb/gutter and storm drainage facilities for North 7th Avenue, as well as for the adjacent local streets are needed.
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Additional Findings In addition to the findings addressed in the Statements of Blight prepared for the original North
Seventh Avenue Urban Renewal District and for the North Seventh Avenue Urban Renewal
District Expansion Areas, the Bozeman Midtown Urban Renewal District also faces other challenges. While the conditions described below are not specifically listed in the statutory definition of blight, they do “substantially impair or arrest the sound development of communities, (and) constitute an economic or social liability”. (7-15-4206 MCA)
Connectivity The lack of critical transportation infrastructure results in poor multi-modal connectivity to area neighborhoods, public facilities and other destinations.
Land Use
While the 2006 Urban Renewal Plan notes the importance of residential neighborhoods to the health and well-being of the entire District, the current development patterns to not support live-work opportunities. Mixed use development that meets both residential and commercial needs is generally missing within the Midtown area. The Whittier School is within the District but its
potential to draw new residential development within existing neighborhoods has not been realized.
Pedestrian Infrastructure The lack of pedestrian oriented transportation infrastructure makes it difficult to encourage live-work settings, where employees are unable to walk or ride bicycles to their workplace. The current
design of intersections within the district presents obstacles to pedestrians attempting to cross
major thoroughfares. Broadband Services Portions of Bozeman and the District lack consistent, reliable area-wide high-speed Internet
services. This puts the Midtown area at a disadvantage when trying to retain and recruit businesses
that are increasingly relying on electronic communication for themselves and their customers as well as requiring access to “the cloud” for data storage. Streetscape
The Bozeman Midtown Urban Renewal District lacks a unifying theme. It’s role as a key entryway
into the City has been diminished through the lack of adequate design features including but not limited to landscaping, lighting, and associated pedestrian amenities.
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Chapter 4. Planning Consistency Planning Consistency Per Section 7-15-4213, MCA, prior to its approval of an urban renewal project, the local governing
body shall submit the urban renewal project plan to the planning commission of the municipality for review and recommendations as to its conformity with the growth policy and the planning commission shall submit its written recommendations to the local governing body. An extensive review is found in Appendix B.
The efforts of local Planning Boards to prepare land use recommendations for the Bozeman area began in 1955, when the first municipal Planning Board was formed. In April of 1958, S.R. DeBoer & Company (planning consultants from Denver, CO) prepared Bozeman’s first Master Plan. It included studies on transportation, street planning, zoning districts, parks and recreation, schools, park roads, and sanitation and health.
The City made significant progress in comprehensive planning with the October 2001 adoption of the Bozeman 2020 Community Plan (2020 Plan). The 2020 Plan wholly replaced all previous comprehensive plans and complied with the new planning standards. The 2020 Plan recognized the changing nature of the economy and expanding knowledge of community development
standards and consequences. The 2020 Plan also put a higher emphasis on coordinated land use and physical infrastructure planning. The Bozeman Community Plan was duly adopted as the current growth policy by the Bozeman City Commission by City of Bozeman Resolution No. 4163, dated June 1, 2009. In addition,
Bozeman has completed many infrastructure and topic plans that have some influence on the area included under the Bozeman Midtown Urban Renewal District Plan. Some applicable plans are:
• Design and Connectivity Plan for North Seventh Avenue Corridor.
• Design Objectives Plan for Entryway Corridors.
• Design Guidelines for Historic Preservation and the Neighborhood Conservation Overlay. North Seventh Avenue Urban Renewal District Plan; October, 2006
In August of 2005, the Bozeman City Commission adopted Resolution 3839, a Resolution of
Necessity, and subsequently approved Ordinance 1685, on November 27, 2006, which created the North Seventh Avenue Urban Renewal District and adopted the North Seventh Avenue Urban Renewal Plan with a provision for tax increment financing, to be calculated using a base year of 2006.
The following excerpts and specific statements were included in the 2006 North Seventh Avenue Urban Renewal Plan demonstrating conformance with the Bozeman 2020 Community Plan and describing the land uses and zoning in the area at that time.
“Growth Policy Land Use Designations
The Bozeman 2020 Community Plan designates the area along the N 7th Corridor as Neighborhood Commercial, Regional Commercial and Industrial. Some of the area east of N 5th Avenue between Tamarack and Oak is designated Residential and the area east along Oak Street contains Regional Commercial and Industrial designations.
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Zoning Classifications The District primarily consists of “B-2 Community business District” zoned parcels. East of
the corridor, two large vacant parcels are zoned “R-4 Residential High Density District”, and
“M-1 Light Manufacturing” zoned parcels are located on the north end of the study area Land Area The District encompasses roughly 323 acres or approximately 30 of the approximately 10,763 acres which comprised the total area of the city of Bozeman in August, 2005.
Land Use
The District primarily includes areas of commercial, residential, agricultural, industrial, and public uses. Commercial Activity The District includes one of the city’s oldest auto oriented commercial strips. Much of the area
was developed more than fifty years ago and much has been developed or will develop largely
due to the influences of transportation features, particularly North Seventh Avenue, Interstate 90 and Oak Street. These transportation corridors shape many of the elements of the District including platting of land and land use, access, traffic and circulation, and development patterns
Residential Neighborhoods
Well established and well kept residential neighborhoods adjoin North Seventh Avenue commercial development on both the east and west. A portion of these neighborhoods is included in the District to assure that redevelopment of the Corridor includes careful consideration of the issues associated with these established residential areas.”
Review of the Bozeman Midtown Urban Renewal District Plan’s Consistency with the Bozeman Community Plan To comply with state statute, this Bozeman Midtown Urban Renewal District Plan must be reviewed by the Bozeman City Planning Board and found to be in conformance with the Bozeman
Community Plan. On October 20th, 2015 the City Planning Board reviewed the Bozeman Midtown
Urban Renewal District Plan as outlined in this chapter and found it to be in conformance with the growth policy as required by 7-15-4213 MCA. Growth Policy Review
The Bozeman Community Plan was reviewed in order to determine whether the growth policy
adequately supports the urban renewal project (per 7-15-4213 MCA). The Bozeman Community
Plan has been found to include:
• Goals and Objectives that support the urban renewal, economic development, and development of infrastructure that encourages urban renewal and economic development
in the community.
• The inclusion of tax increment financing among the strategies to be implemented to achieve the Bozeman Community Plan’s goals and objectives.
• The identification of land use through maps and/or text of lands.
An overall review of the goals and objectives of the growth policy indicates no conflicts for an urban renewal project with the growth policy. The following selections from the Bozeman Community Plan demonstrate conformance of the Bozeman Midtown Urban Renewal District Plan
to the vision, goals and objectives of the Bozeman Community Plan.
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Specific Goals and Objectives in the Bozeman Community Plan furthering urban renewal and economic stability for the prevention and the elimination of urban blight.
Land Use Objective LU-1.4: Provide for and support infill development and redevelopment
which provides additional density of use while respecting the context of the existing development which surrounds it. Respect for context does not automatically prohibit difference in scale or design.
Land Use Objective LU-2.3: Encourage redevelopment and intensification, especially with
mixed uses, of brownfields and underutilized property within the City consistent with the
City’s adopted standards. Using this approach rehabilitate corridor based commercial uses into a pattern more supportive of the principles supported by commercial centers.
Land Use Objective LU-4.4: Review and revise the City’s regulations to encourage and support sustainability in new construction and rehabilitation or redevelopment of existing
areas.
Economic Development Objective ED-1.2: Coordinate the provision of infrastructure necessary to support economic development.
Economic Development Objective ED-1.4: Encourage ongoing improvements in private infrastructure systems, such as telecommunications, and promote state-of- the-art facilities.
Economic Development Objective ED-1.6: Utilize the City’s economic development and
urban renewal plans to stimulate investment and maintain a health and vibrant economy.
Economic Development Objective ED-1.8: Leverage local, state, and federal economic development resources to enhance economic growth in Bozeman.
Economic Development Objective ED-2.4: Foster a diverse economy that will protect the
economic climate for existing businesses and maintain opportunities for business expansion.
Economic Development Objective ED-2.9: Create a more collaborative and effective working partnership between the business community and the City of Bozeman and effectively manage the City of Bozeman’s regulatory environment to accomplish goals without hindering business expansion and economic growth.
Evaluation of the Bozeman Midtown Urban Renewal District Plan for conformance with Overall Principles and Goals of the Bozeman Community Plan.
In conformance with the growth policy, the Bozeman Midtown Urban Renewal District Plan seeks to provide long term economic stability and to use planning and the development of
public infrastructure as tools for well managed growth.
The goals of the Bozeman Midtown Urban Renewal District as stated in the Urban Renewal District Plan are: Goal #1 Promote Economic Development Goal #2 Improve Multi-Modal Transportation
Goal #3 Improve, Maintain and Support Innovation in Infrastructure
Goal #4 Promote Unified, Human Scale Urban Design Goal #5 Support Compatible Urban Density Mixed Land Uses
Growth Policy Implementation
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The following selections from the Bozeman Community Plan demonstrate conformance of the Bozeman Midtown Urban Renewal District Plan to the implementation strategies and tools of the
growth policy.
Identified implementation tools and strategies, including tax increment financing, which help to achieve the Bozeman Community Plan’s goals and objectives.
Provides a foundation for programs as well as more detailed plans, such as urban renewal district plans with tax increment financing programs.
Describes the use of alternative funding mechanisms when distinct beneficiary populations or
interest groups can be identified and more equitably served (such as tax increment financing).
Encourages development within the City of Bozeman.
Encourages infill and redevelopment.
Continues programs which support adaptive reuse and reinvestment.
Encourages commercial and residential development or redevelopment of identified infill areas
through the use of and publicizing of incentives, such as, but not limited to, public infrastructure funding support
Supports standards for infill development and redevelopment.
Supports the creation and expansion of local businesses.
Maintains and seeks to expand resources available through urban renewal districts.
Increases awareness of existing economic and other benefits of and further develop incentives for locating and operating within City limits.
Recognizes sustainability as a component of economic development.
Evaluation of the conformance of the Bozeman Midtown Urban Renewal District Plan with the implementation tools and strategies in the Bozeman Community Plan.
The Bozeman Midtown Urban Renewal District Plan takes advantage of the urban renewal law offered by the State of Montana Code.
The Bozeman Midtown Urban Renewal District Plan provides for the opportunity to use tax
increment financing to assist with redevelopment and revitalization activities, and encourage
the retention and growth of economic development.
The Bozeman Midtown Urban Renewal District Plan supports the development of infrastructure that encourages urban renewal and economic development in the community.
Growth Policy Future Land Use The growth policy provides a visual policy statement with the identification of the future land use
pattern through maps and/or text of lands to help achieve the goals and objectives of the Bozeman
Community Plan. The Bozeman Community Plan designates the core area along the North 7th Avenue Corridor starting from the north end as Industrial, Regional Commercial and Services, and Community
Commercial Mixed Use. The majority of the adjacent neighborhoods are designated Residential,
with a couple of small areas designated Parks, Open Space and Recreational Lands and Public Institutions.
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Future Land Use Designations of the area included in the Bozeman Midtown Urban Renewal District to help achieve the Bozeman Community Plan’s goals and objectives.
The Bozeman Community Plan designates the core area along the North 7th Avenue Corridor
as Regional Commercial and Services, Community Commercial Mixed Use, and Industrial.
The majority of the adjacent neighborhoods have a future land use designation of Residential, with a couple of small areas designated Parks, Open Space and Recreational Lands and Public Institutions.
Regional Commercial and Services will be implemented by B-2 or UMU zoning districts.
Community Commercial Mixed Use will be implemented by the B-1, B-2 or UMU zoning
districts.
Industrial land uses can be implemented by any one of the five industrial type zoning districts.
Residential will be implemented by multiple zoning districts.
Parks, Open Space and Recreational Lands are functions which can occur in any zoning
district.
Public Institutions can be implemented by the PLI zoning district, but is a function that can occur in any zoning district. Evaluation of the Bozeman Midtown Urban Renewal District Plan for Conformance with
the Future Land Use Designations.
The Bozeman Midtown Urban Renewal District Plan provides a plan for redevelopment of the existing commercially designated area to retain existing and attract new economic development.
The Bozeman Midtown Urban Renewal District Plan does not suggest any revision to the
existing future land use designations.
Review of the zoning of the area included in the Bozeman Midtown Urban Renewal District for accordance with the Bozeman Unified Development Code The City adopted its first zoning ordinance in 1941. The current zoning ordinance, the Unified Development Code of the City of Bozeman, Chapter 38 of the Bozeman Municipal Code was originally adopted in 2005, with the most recent extensive amendment by Ordinance Number 1769
effective on December 28, 2009. The zoning of the area included in the Bozeman Midtown Urban
Renewal District must be found to be in conformance with the Bozeman Community Plan. On October 20th, 2015 the City Planning Board reviewed the zoning of the area included in the Bozeman Midtown Urban Renewal District as follows in this section and found the zoning to be in conformance with the growth policy. An extensive review of the zoning is found in Appendix
B.
The majority of the land within the area of the Bozeman Midtown Urban Renewal District is zoned “B-2 Community Business District”, with adjacent land north of I-90 zoned “M-1 Light Manufacturing”, and the adjacent land south of I-90 classified for residential uses with districts
including “R-3 Residential Medium Density”, “R-4 Residential High Density”, and “R-O
Residential-Office”.
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In addition to the zoning districts listed above, portions of the Midtown area of Bozeman are also covered by “Bozeman Entryway Corridor Overlay District” and the “Neighborhood Conservation
Overlay District”, and a couple of lots at the southeast edge are located within the Cooper Park
Historic District.
Zoning to help implement the Bozeman Community Plan.
• A purpose of the Bozeman Unified Development Code is to implement the goals and objectives of the Bozeman Community Plan; the city’s adopted growth policy.
• The majority of the land within the core area of the Bozeman Midtown Urban Renewal District is zoned “B-2 Community Business District” to provide for a broad range of mutually supportive retail and service functions.
• The land adjacent to the commercial core and south of I-90 within the area of the Bozeman
Midtown Urban Renewal District is zoned for a variety of residential uses and densities, with zoning districts including “R-3 Residential Medium Density”, “R-4 Residential High Density”, and “R-O Residential-Office”.
• The land adjacent to the commercial core and north of I-90 is zoned “M-1 Light
Manufacturing”.
Evaluation of the Bozeman Midtown Urban Renewal District Plan for Accordance of Zoning with Bozeman Community Plan.
• The Bozeman Midtown Urban Renewal District Plan supports the purposes of the Bozeman
Unified Development Code.
• The Bozeman Midtown Urban Renewal District Plan supports “retail and service use” as described by the Bozeman Unified Development Code.
• The Bozeman Midtown Urban Renewal District Plan provides a plan for redevelopment of the existing commercially designated area to eliminate blight, and retain existing and attract new economic development.
• The Bozeman Midtown Urban Renewal District Plan does not suggest any revision to the
existing zoning classifications.
Conclusions 1. The Bozeman Midtown Urban Renewal District Plan has been evaluated against the relevant goals and objectives of the Bozeman Community Plan, and the Bozeman Midtown Urban Renewal District Plan is in conformance with the Bozeman Community Plan.
2. The zoning in the area of the Bozeman Midtown Urban Renewal District has been evaluated
against the Bozeman Community Plan, and the zoning in the area of the Bozeman Midtown Urban Renewal District is in accordance with the Bozeman Community Plan.
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Chapter 5. Goals and Strategies Introduction This chapter presents the goals and strategies for addressing blight within the Bozeman Midtown
Urban Renewal District. They are drawn from public input (public meeting summaries are found in Appendix A), the Bozeman 2009 Community Plan and other appropriate planning documents, technical input from the City’s staff, and the Statement of Blight prepared in conjunction with the expansion of the North Seventh Avenue Urban Renewal District. Public discussion addressed economic development, sustainability, mixed use higher density development, live-work
opportunities, parking, multi-modal transportation infrastructure, pedestrian safety and access, and urban design. As stated above, this Urban Renewal Plan provides a context for activities that will be undertaken by a variety of public and private entities. It recommends a series of planning and program
initiatives and capital projects that may be undertaken by the local government to encourage reinvestment in the district, which will in turn address conditions that have diminished the environmental, economic and cultural well being of the area over time. The following are the Goals of this Urban Renewal Plan and associated strategies. It should be
noted that revolving loan programs are included as suggested strategies for achieving several of the goals set forth. The City of Bozeman may choose to create one revolving loan program that would incorporate all or some of these activities. Goal #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. Planning Initiatives
Engage in area and issue specific planning efforts to further retention and/or increase in the
number of jobs and economic activity
Prepare marketing plan that includes such things as targeted anchor businesses, marketing strategies, branding and/or wayfinding
Conduct a readiness study to examine opportunities and determine challenges associated with targeted anchor business recruitment and retention, including due diligence,
infrastructure deficiencies and land and/or space needs
Examine the potential for the fostering of activity centers including:
o Open Spaces o Event Venues o Conference Facilities
o Mixed-Use Developments
Examine the usefulness of potential incentives (such as application or regulatory fee mitigation, impact fee reimbursement, etc.)
Consider the issuance of tax increment financing bonds, as revenues permit, in support of Program Initiatives and Capital Projects, such as electronic communication infrastructure,
public activity centers, etc.
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Continue the process of updating Bozeman's Unified Development Code to clearly communicate the community's expectations for development as expressed in the Bozeman
Community Plan, and to generate implementation and design provisions for the Midtown
URD Plan Program Initiatives
Provide incentives for infill, mixed-use development (commercial and residential) and
density increases to take advantage of economies of scale in providing services, access and
sustainability
Work to increase property values by encouraging private investment
Develop partnerships among property owners, new/expanding businesses and the local government to increase economic activity
Establish a monetary incentive such as a revolving loan program to bring existing
businesses into compliance with land use codes, design standards and health and safety regulations
Establish a monetary incentive such as a revolving loan program to assist property owners in repairing and replacing deteriorating, or in extending existing public infrastructure.
Facilitate land assemblage and property transfer for higher density, targeted anchor
businesses and mixed-use development
Market to businesses that can take advantage of the link to higher education facilities, including Montana State University and Gallatin College and associated job training programs including continuing education and distance learning
Market to businesses that can take advantage of locating near the broadband fiber
“backbone”
Establish a monetary incentive such as a matching grant program for work force training to help expand and retain businesses, such as a partnership with Bozeman Bear
Continue the N7Rehab Construction Grants Program to help property owners improve their
facades and sites, eligible activities include:
o Demolition
o Façade Improvements o ADA Accessibility Improvements o Landscaping incorporated into a public space
o Sidewalks
o Improvements which reduce drive accesses in width and/or number
o Improvements to create shared parking arrangements o Storm water facility improvements o Improvements in the public right-of-way or within a public access easement:
sidewalk construction or repair, landscaping, ADA sidewalk ramps, tree grates,
installation of District lighting
Continue the N7Rehab Technical Assistance Grants Program for property owners to plan updates to their sites, including: o Site Planning and Master Site Planning
o Building condition assessment in conjunction with exterior renovation or reuse
proposals for existing structures
o Engineering and surveying services o Landscape Design
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o Preliminary Development Review
Capital Projects
Ready properties for redevelopment
Upgrade and expand electronic communication infrastructure including, but not limited to fiber optics.
Install improvements that support marketing, wayfinding and branding, including, but not
limited to signage, lighting, street furniture and landscaping
Develop public activity centers such as:
o Aspen, east of North 7th Avenue, as a festival street o The BMX Park
Goal #2 Improve Multi-Modal 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. Planning Initiatives
Assemble and evaluate existing studies of multi-modal transportation needs
Engage in a service gap analysis
Study means to facilitate transportation mode shift to expand non-motorized and public transit travel
Consider the issuance of tax increment financing bonds, as revenues permit, in support of
Program Initiatives and Capital Projects.
Program Initiatives
Establish a monetary incentive such as a revolving loan program to assist property owners in repairing and replacing deteriorating, or in extending existing public infrastructure.
Establish a monetary incentive such as a revolving loan program to enable existing businesses to provide Federal ADA access to their establishments.
Establish a monetary incentive such as a cost-share program for sidewalk construction, repair
and replacement
Partner with the school district and other entities to support a “Safe Routes to School” program
Develop a program to facilitate transportation mode shift and to expand non-motorized and
public transit travel (such as “Park and Ride” programs, ride sharing, bicycle garaging and sharing) Capital Projects
Construct improvements to eliminate service gaps
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Partner to improve multi-modal transportation infrastructure and connectivity throughout the district (such as roads, curbs, gutters and sidewalks)
Construct improvements to facilitate transportation mode shift to expand non-motorized
and public transit travel (such as bikeways, trails, parking facilities, high quality bus stops and public transit access)
Construct non-vehicular safety improvements such as sidewalks, pedestrian crossings, high intensity activated cross walk signals and traffic calming features
Goal #3 Improve, Maintain and Support Innovation in 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.
Planning Initiatives
Assemble and evaluate existing studies of infrastructure needs
Engage in a service gap analysis
Continue to examine the opportunities to improve communication infrastructure access through upgrades and innovation
Examine parking strategies that support higher density, mixed use development
Provide for planning and design assistance for improvements to public facilities within the district (such as parks, schools and local government buildings)
Consider the issuance of tax increment financing bonds, as revenues permit, in support of Program Initiatives and Capital Projects, such as public parking facilities, communication
infrastructure, streetscape elements, and other public infrastructure
Study the efficacy of a storm water district including the potential use of community storm water facilities
Support implementation of the Bozeman Fiber Master Plan and Feasibility Study, the community effort to address the broadband network, the crucial infrastructure necessary
for next generation fiber-optic connectivity Program Initiatives
Continue the program to improve broadband infrastructure, and facilitate public-private partnerships in support of improved broadband infrastructure
Continue to support open access fiber optic networks to provide affordable broadband for the region's business community, public sector and residents, as described by the Bozeman Fiber Master Plan and Feasibility Study adopted pursuant to Resolution #4576.
Develop a program to facilitate transportation mode shift and to expand non-motorized and public transit travel (such as “Park and Ride” programs, ride sharing, bicycle garaging and
sharing)
Establish a monetary incentive such as a revolving loan program in support of shared parking facilities among several businesses Capital Projects
Construct public parking infrastructure to facilitate transportation mode shift to expand non-motorized and public transit travel
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Improve overall communication connectivity
Improve public lighting
Leverage state and federal funds for streetscape improvements that include
transportation, safety, landscaping and lighting elements
Improve access and egress controls throughout the district
Enhance public safety through specific infrastructure improvements such as sanctuary/refuge locations, underpass improvements and high intensity activated cross
walk signals
Support improvements to public facilities within the district (such as parks, schools and local government buildings, storm water facilities)
Support infrastructure improvements to and expansion of the broadband network for next generation fiber-optic connectivity
Goal #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. Planning Initiatives
Develop a vision that will guide planning and design within the urban renewal district, which
supports its role as a key corridor and fosters greater pedestrian orientation
Design unifying themes for the urban renewal district that reflect its role as a gateway from I-90, and key corridor and link to downtown Bozeman and Montana State University, while acknowledging neighborhood
characteristics
Develop planning tools that address urban design elements: imageability, enclosure, human scale, transparency, complexity, coherence, legibility and linkage
Evaluate land use code requirements to remove obstacles in order to create a more vibrant, human-scale streetscape and foster economic vitality
Continue to develop planning tools that address streetscapes to
o “Quiet down” streets through parking, traffic calming approaches, and other elements o Provide for more public landscaping and art along public rights of way o Promote private development that provides for significant landscaping
o Incorporate “walkability” in design within the district
o Maintain and enhance signage
Street Signs
Safety Signs
Directional and Way-finding Signs
Neighborhood “branding” signs
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o Incorporate “complete streets” in designing transportation related infrastructure ( bike lanes, boulevards and pedestrian ways, etc.) while maintaining good traffic
flow on main thoroughfares
o Provide unified or neighborhood specific streetscape design elements including lighting, benches and garbage receptacles, etc.
Study street medians to determine their role and design
Consider the issuance of tax increment financing bonds, as revenues permit, in support of
Program Initiatives and Capital Projects, such as streetscape elements, etc.
Program Initiatives
Provide choices to property owners for boulevard plantings, including drought tolerant plantings for sustainable water use
Establish a monetary incentive such as a revolving loan program to improve “curb appeal”
of existing businesses to address design standards (such as facades, landscaping and lighting)
Establish a monetary incentive such as a revolving loan program to help transition from a vehicular focus (such as building orientation, parking facility placement and access points)
Foster public art projects
Establish a monetary incentive such as a matching grant program for the unified or neighborhood specific streetscape design elements
Establish / continue a streetlight banner signage program in support of the district and events and activities in the community
Work with residents, property owners and businesses to address litter and vandalism
Partner with area property owners and businesses to establish a public improvements maintenance program, including, but not limited to the creation of a business or special improvement district (for such things as sidewalk snow removal, landscaping maintenance, litter and garbage removal and streetlight banner installations)
Capital Projects
Eliminate blighted conditions at the edges and entryways to the urban renewal district and its distinct neighborhoods
Improve the North 7th Avenue corridor, both visually and physically
Use signage and infrastructure improvements to enable way-finding and to better brand the
area
Continue the Lighting, Gateway and related Sidewalk Improvements Project - the installation of new architectural street lights, gateway improvements and related sidewalk with boulevard improvements along the corridor to enhance pedestrian safety and to make
the neighborhood more pedestrian friendly
Continue the Median and Boulevard Landscaping Project Goal #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.
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Planning Initiatives
Assess the need for a variety of housing types, including, but not limited to co-op,
transitional, senior, and special needs
Study opportunities for “live-work” and mixed commercial residential development
Study strategies to expand affordable housing opportunities for all populations
Evaluate land use code requirements (such as building height restrictions, parking
requirements and signage restrictions), to remove obstacles in order to increase density,
support mixed-use development and foster economic vitality
Consider the issuance of tax increment financing bonds, as revenues permit, in support of Program Initiatives and Capital Projects, such as redevelopment projects, affordable housing, etc.
Program Initiatives
Promote mixed use or activity centers to take advantage of economies of scale in providing services, access and sustainability
Promote public-private partnerships to create urban density mixed land use
Provide incentives in the land use code requirements to foster residential development in
the Whittier School attendance area to take advantage of this neighborhood school
Provide incentives in the land use codes requirements to foster upper story residential development
Establish a monetary incentive such as a revolving loan program in support of rehabilitation
of residential and commercial properties that increases density
Establish a monetary incentive such as a revolving loan program that supports the rehabilitation of residential and commercial properties that increases the number of housing units and live-work opportunities
Establish a monetary incentive such as a revolving loan program that supports sustainable
approaches to such things as water use, energy conservation and storm water mitigation
Consider establishing a monetary support program (revolving loan, matching grant, grant) for the development or acquisition of parks or recreational areas to serve the district; and to meet park or open space requirements
Capital Projects
Support the development or acquisition of parks or recreational areas to serve the district
Per 7-15-4233, MCA, as opportunities present themselves, improve, clear, or prepare for redevelopment any real or personal property in the urban renewal area that increases density, increases employment and/or that expands mixed use opportunities
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Chapter 6. Project Evaluation Criteria Chapter 7 of this Plan provides a list of potential funding sources, including Tax Increment Financing (TIF), that can be used in funding urban renewal projects and programs. However, given the myriad of urban renewal activities that could potentially occur within the Bozeman
Midtown Urban Renewal District, it will be necessary to review each proposed project or program
with respect to the Plan’s guiding principles, initially introduced in Chapter 1, as well as identified goals and strategies found in Chapter 5. Guiding Principles
This Urban Renewal Plan is a reflection of sound public policy and thoughtful planning. To this
end the following principles will guide revitalization and redevelopment efforts in the URD. Readiness – The renewal of the Bozeman Midtown URD will occur in stages, as resources and opportunities become available. In some cases, specific projects will occur in support of private
investment that would otherwise not occur without a corresponding investment in public
infrastructure. Also, new program initiatives or funding opportunities may present themselves from time to time, which can help bring certain urban renewal projects forward. Leveraging – Projects that make use of a variety of public and private resources including state
and federal grants, loans and specialized tax credits, as well as tax increment funds are encouraged.
Design – Midtown serves as a significant entryway into the City of Bozeman. North 7th Avenue, which is the primary thoroughfare within the district, connects Interstate 90 with Main Street and Downtown Bozeman, and with Montana State University. While the area is characterized by a mix
of commercial uses, it is also serves to welcome visitors and students to the community. Therefore,
urban renewal projects should be designed to complement this important role. Thoughtful, well-designed development that enhances the role of Midtown as a key gateway will, in turn, draw additional investment over time.
Public-Private Partnerships – The successful redevelopment of the Midtown URD will depend on
cooperation between the public and private sectors. As noted above, significant private investment will likely require associated public financing of municipal and quasi-public improvements, such as multi-modal transportation facilities, sewer and water improvements, utilities and communication infrastructure. Funding sources for capital projects will include, but not be limited
to Tax Increment Financing (TIF). Specific projects will be undertaken in accordance with the
Montana Urban Renewal Law, 7-15-42 and 7-15-43, MCA. In addition, the Montana Urban Renewal Law provides for creation of revolving loan programs, funded by TIF, in support of projects that may involve non-governmental entities, if provided for in the urban renewal plan. (7-15-4292 MCA) The City of Bozeman intends to make use of a revolving loan fund in forging
public-private partnerships.
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Criteria Description Based on these guiding principles, the following twelve criteria will be used in evaluating projects
and programs and in setting priorities, in the context of limited financial resources. These criteria
are listed in no particular order or ranking of importance. Criteria. Project design and readiness (phasing potential) – Is the project ready to go forward? For example, are any necessary permits in place? Has due diligence been completed? Does
the project lend itself to phasing or segmentation that enables portions of the project to
stand alone? Criteria. Leverage ratios of public to private funds invested – Are urban renewal dollars leveraging private investment? For example, does the installation of public infrastructure
correspond to growth in business and/or residential development? Or what is the percent
of public dollars invested in the infrastructure as compared to private dollars? Criteria. Health and safety concerns – Does the project address a condition of blight that endangers the “health, safety….and welfare” of the residents? Does it improve fire and life
safety requirements? Does it reduce emergency response time?
Criteria. Opportunity to take advantage of new initiatives and funding sources – Does the project or program enable the City to take advantage of a new initiative or funding source that can be matched or leveraged by urban renewal dollars and/or private investment?
Criteria. Critical infrastructure and/or connectivity needs – Does the project enable better connectivity within the urban renewal district and/or between the urban renewal district and the community? For example projects that support improved multi-modal transportation or better access to the community telecommunications network might be
given greater priority.
Criteria. Opportunity to support mixed-use developments including residential – Does the project or program provide for mixed-uses, and per Goal #5, increase live-work opportunities and community interaction?
Criteria. Opportunity to better use land through the development of vacant and/or underutilized space – Does the project make use of vacant land within the district, thereby improving connectivity and increasing density of use?
Criteria. Job creation – Does the program or project create new employment opportunities
and/or opportunities for workforce training? Projects which create more jobs per public funds invested will be more desirable. There may also be opportunities to partner with businesses, organizations and educational entities to provide vocational and professional training.
Criteria. Resulting increase in taxable value – Projects that improve the overall property tax base within the district increase the amount of tax increment dollars available for urban
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renewal activities. Over the long term, improving the tax base can assure continued economic health within the urban renewal district and the community well into the future.
Criteria. Ability of project to enhance Midtown’s role as a key gateway and link to the Downtown and Montana State University – Does the project support the role of Midtown as an important connection from Interstate 90 to Downtown and to the University?
Criteria. Consistency with adopted plans including the Bozeman Midtown Urban Renewal Plan – Does the project reflect the vision, goals and objectives set forth in the Bozeman Community Plan and other adopted plans? Criteria. Sustainability, one-time infusion of funds versus on-going need for funding – Will
the project require on-going support to be sustainable? Are other, longer-term funding
strategies considered in project planning? How The Criteria are Used The extent to which these criteria are applied will depend on the specific project or program being
considered. They are intended to provide a decision making framework to set priorities. In most
cases, only some of the criteria would apply for a specific project or program. For instance, some projects might rank higher with respect to job creation, while others may result in greater private investment. Public investment in infrastructure to improve connectivity may or may not result in an increase in taxable value. Through the process of preparing annual work plans, more specificity
may be assigned to some or all of the criteria, based on changing community and district priorities.
Given the wide range of potential activities, the criteria will be particularly effective in evaluating similar project proposals, such as multiple proposals to install public infrastructure, or in reviewing applications for grants and loans. The criteria can also be used to develop more specific guidelines
for grant and loan program established under this plan.
The criteria become particularly important as Economic Development Staff make recommendations to the City Commission regarding the funding of projects and programs during the budget approval process. Demonstrating how each proposed activity meets the criteria will
assist the Commission in evaluating its appropriateness with respect to the goals and objectives of
the urban renewal plan as well as of the community as a whole.
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Chapter 7. Implementation The Bozeman Midtown Urban Renewal District Plan provides a framework for the rehabilitation and redevelopment of the Urban Renewal District. Upon its adoption, this Plan will serve as the
official policy guide for public action. However, these policies can only be transformed to action through an effective implementation program. Key to implementation will be sound processes of administration, financing and program evaluation. Administration
Under 7-15-4231 MCA, the exercise of powers related to urban renewal, a municipality may itself exercise its urban renewal project powers, or may, “if the local governing body by resolution determines such action to be in the public interest, elect to have such powers exercised by the urban renewal agency created under 7-15-4232 MCA, or a department or other officers of the municipality as they are authorized to exercise under this part and part 43.”
The City of Bozeman may establish an urban renewal agency under this provision to direct the projects and programs outlined in the Urban Renewal Plan, as provided by statute. The City of Bozeman has chosen to exercise its urban renewal project powers directly, or to assign them to municipal departments, rather than establish a separate urban renewal agency. The City
Commission may create an urban renewal district board to serve in an advisory capacity to the Commission in planning for, implementing and administering a program of rehabilitation and revitalization for the District. The board provides opportunities for stakeholders in the District, including property owners, business owners, residents and school district representatives to participate in formulating urban renewal projects and programs.
The annual work program and budget, listing the activities and costs of the activities for the coming fiscal year, as well as the method of financing those activities are prepared by the Director of Economic Development, and reviewed and approved by the City Commission. This program and budget can be amended during the course of the fiscal year in light of funding and program
opportunities and changes. Urban renewal activities undertaken must be in accordance with Montana State statute. Powers which may be execised by an urban renewal agency or authorized department are defined by statute. Projects and Programs The City of Bozeman will implement programs and evaluate projects based on the guiding
principles and goals of this Urban Renewal Plan. Given that private development will be necessary to generate tax increment funds, business development must occur hand in hand with other community based revitalization activities. The Bozeman Midtown urban renewal program will make use of a variety of financing in achieving the goals of this plan, including:
Public Investments
• Annual Tax Increment Appropriations – The City of Bozeman may finance smaller public infrastructure improvements and renewal programs from its annual tax increment receipts by appropriation. Funds available each year would be determined by the size of the annual
increment and any prior commitments (such as bond debt service requirements and administrative costs).
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• Tax Increment Bonds – The City of Bozeman will issue tax increment financing (TIF)
revenue bonds if necessary, as revenues allow, to finance major capital projects. TIF bonds
will enable the local government to finance projects up-front and then retire the debt through annual tax increment receipts.
• Other Debt Financing – The City of Bozeman may borrow funds through local, state and
federal loan programs in order to finance public improvements. Annual tax increment revenues may be used to make principal and interest payments
• Local, State and Federal Funding Mechanisms – There are a number of funding resources
available to communities to undertake planning and capital improvement projects. These are listed in the funding section below. Private Sector Development In addition to public sector investments, the urban renewal program can assist property and
business owners in specific renewal activities including the following:
• Tax Increment Financing Revolving Loans – In 7-15-4292, MCA, the Montana TIF statute provides for the establishment of loan programs, whereby TIF funds may be used to support public and private urban renewal projects in support of the goals of the Urban Renewal
District. As principal and interest payments are made, the funds may be loaned again, even after the TIF District sunsets. The management of a revolving loan program may be undertaken directly by the City, or through a contract with another entity.
• Tax Increment Grants – In some cases urban renewal agencies can make grants to private
entities to support projects that are in the community’s best interest, and are in keeping with the purposes of the Montana Urban Renewal Law, such as historic preservation, public safety, landscaping and the removal of blight. Examples include: o Restoration of historic building facades
o Stabilization of structures that have been neglected or abandoned
o Installation of life safety equipment such as sprinkler systems
o Installment of landscaping, lighting and other design features that support a unifying theme for the District
• Other Assistance – The urban renewal program can assist private sector projects in a variety of ways, by providing technical assistance and helping property owners access federal, state and local resources and incentives for development.
Partnership Development
The urban renewal program will rely on cooperative efforts among the local government, district property owners, and economic development organizations to achieve its goal of fostering revitalization. In many cases, these cooperative partners will work jointly on market analyses, business recruitment and capital improvements planning. Also, as noted above, it will be necessary
to work with other local, state and federal entities in providing additional financing and matching
funds to undertake projects and programs in the Bozeman Midtown Urban Renewal District.
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Potential partnerships can be forged using a variety of programs and funding mechanisms. A sampling of these is provided in the following section.
Financing Tax Increment Financing As noted above, the implementation of the Bozeman Midtown Urban Renewal Plan will include
the use of Tax Increment Financing (TIF). More particularly, costs that may be paid using TIF
dollars are included in 7-15-4288, MCA:
A tax increment program is authorized for 15 years or longer if the tax increment revenue is pledged to the payment of tax increment bonds. 7-15-4289, MCA provides for the use of tax increments for bond payments. The tax increment may be pledged to the payment of the principal
of premiums, if any, and interest on bonds, which the municipality may issue for the purpose of providing funds to pay such costs. The City of Bozeman will use Tax Increment Financing in the Bozeman Midtown Urban Renewal District as defined in this Urban Renewal Plan. The base year for the purposes of measuring any
incremental value within the original district boundaries will continue to be 2006, while the base year for the expanded portions of the district will be 2015. Per 7-15-4291, MCA, the City of Bozeman may enter into agreements with the other affected taxing bodies to remit to such taxing bodies any portion of the annual tax increment not currently
required for the payment of the costs listed in 7-15-4288, MCA or pledged to the payment of the principal of premiums, if any, and interest on bonds. Other Financing Mechanisms
There are a number of financial assistance programs that can be used in the revitalization of the
Bozeman Midtown Renewal District in addition to Tax Increment Financing. Financing strategies for addressing urban renewal needs identified in this Plan will likely include combining various funding sources. For example, a local special improvement district might be used in combination with a Montana Board of Investment Intercap loan to match federal or state dollars. The following
is a summary of programs available to fund urban renewal projects:
Transportation Infrastructure This section describes funds and funding sources that are available to finance urban renewal transportation related projects. These funding methods, such as local option taxes, improvement
districts and other types of bonds, enable local citizens to participate in funding projects. In general,
however, the ability to use additional property tax levies to fund urban renewal is governed by Montana Statute under 15-10-402 MCA that limits taxes to 1996 levels. A. Bridge and Road Mills (Property Taxes)
Montana law provides for cities (7-14-4101, MCA) to manage transportation infrastructure.
Counties are specifically responsible for all the bridges in a county, including those within cities
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and towns, except those managed by the Montana Department of Transportation. Municipalities may establish a road fund under 7-14-4113 MCA.
B. Transportation Improvement Authority Established under 7-14-1001, MCA, the purpose of a transportation improvement authority is to blend the interests of local, state, and federal governments with the interests of the general public and the business community to build, modify, or improve transportation facilities and systems
within its jurisdiction. A county and a municipality within a county may, by joint resolution, create
a transportation improvement authority. The Authority may enter into contracts and accept local, state, federal and private funds to undertake transportation projects. C. Transportation Alternatives Program (TA Program), Montana Department of Transportation
The Transportation Alternatives (TA) Program authorized under Section 1122 of the Federal
Highway Administration’s Moving Ahead for Progress program -MAP-21 (23 U.S.C. 213(b), 101(a)(29)), replaces the former Community Transportation Enhancement Program. It provides approximately $4 million annually to eligible entities including local governments, for activities defined as transportation alternatives, including on- and off-road pedestrian and bicycle facilities,
infrastructure projects for improving non-driver access to public transportation and enhanced
mobility, community improvement activities, and environmental mitigation; recreational trail program projects; safe routes to school projects; and projects for the planning, design or construction of boulevards and other roadways largely in the right-of-way of former Interstate System routes or other divided highways.
D. State Fuel Tax Under 15-70-101, MCA, Montana assesses a tax on gasoline and diesel fuel used for transportation purposes. Each municipality receives a portion of the total tax funds allocated to cities and Towns based on:
1) The ratio of the population within each municipality to the total population in all cities and
Towns in the State; 2) The ratio of the street mileage within each municipality to the total street mileage in all incorporated cities and towns in the State. The street mileage is exclusive of the Interstate, National Highway, and Primary Systems.
All fuel tax funds allocated to local governments must be used for the construction, reconstruction, maintenance, and repair of rural roads or city streets and alleys. Priorities for the use of these funds are established by the cities receiving them.
Debt Financing – All Types of Projects
Local governments can make use of various kinds of debt financing to fund urban renewal projects. In addition to Tax Increment Financing Bonds discussed above, these include revenue bonds, special improvement district bonds and general obligation bonds. Debt financing enables local governments to finance major infrastructure projects using future revenue from special
assessments, user fees, and other forms of revenue. Under 7-7-4101, MCA, a local government
has power to incur indebtedness by borrowing money, issuing bonds, issuing notes, entering into leases, entering into lease-purchase agreements, or entering into installment purchase contracts for the following purposes:
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1) acquiring land for and designing and erecting public buildings; 2) acquiring land for and designing and constructing sewers, sewage treatment and disposal
plants, waterworks, reservoirs, reservoir sites, and lighting plants;
3) supplying the municipality with water by contract and the construction or purchase of canals or ditches and water rights for supplying municipality with water; 4) designing and constructing bridges, docks, wharves, breakwaters, piers, jetties, and moles; 5) acquiring, opening, or widening any street and improving the street by constructing,
reconstructing, and repairing pavement, gutters, curbs, and vehicle parking strips and to
pay all or any portion of the cost relating to the project; 6) purchasing or leasing fire apparatus, street and other equipment, and personal property, including without limitation, vehicles, telephone systems, and photocopy and office equipment, including computer hardware and software;
7) building, purchasing, designing, constructing, and maintaining devices intended to protect
the safety of the public from open ditches carrying irrigation or other water; 8) funding outstanding warrants and maturing bonds; and 9) repaying tax protests lost by the local government or other municipal corporation.
The local government incurs various administrative costs in conjunction with issuing bonds. These
costs include the retention of legal counsel and financial consultants, the establishment of reserve funds and the preparation of the prospectus and various required documents. These bonds provide tax-free interest earnings to purchasers and are therefore subject to detailed scrutiny under both state and federal law. The citations in the Montana Code are listed below, for each type of bond
described.
A. Special Improvement Districts Under 7-12-4101, and 7-12-4102 MCA, cities and towns can create special improvement districts for a number of activities including:
• The acquisition, construction or reconstruction of public streets and roads
• The acquisition, construction or reconstruction of sidewalks, culverts, bridges, gutters, curbs, steps and parks including the planting of trees
• The construction or reconstruction of sewers, ditches, drains, conduits, and channels for sanitary or drainage purposes, with outlets, cesspools, manholes, catch basins, flush tanks, septic tanks, connecting sewers, ditches, drains, conduits, channels, and other appurtenances
• The construction of sewer and water systems including fire hydrants
• The acquisition and improvement of land to be designated as public park or open-space land
• The conversion of overhead utilities to underground locations in accordance with 69-4-311
through 69-4-314, MCA
• The purchase, installation, maintenance, and management of alternative energy production facilities
B. Business Improvement District
Business Improvement Districts (BIDs) are authorized under 7-12-1101 et. seq MCA. This provision of the law allows the local governing body to assess properties, upon the request of property owners within a district to fund the following activities:
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• provide special police, maintenance, or cleaning personnel for the protection and enjoyment of the general public using the business district
• landscape and beautify public areas and to maintain those areas
• contract with the governing body to maintain, operate, or repair public parking facilities
• contract with the governing body to maintain streets, alleys, malls, bridges, ramps, tunnels,
landscaping, and other public facilities as mutually agreed upon
• promote private investment and business expansion in the district
• provide for the management and administration of the affairs of the district
• promote business activity by advertising, decorating, marketing, and promoting and managing events and other actions designed for the general promotion of business activities in the district
• perform such other functions as are necessary to carry out the purposes of this part and to further the objectives of the district.
C. General Obligation Bonds General obligation bonds are backed by the full faith and credit of the local government and must be approved by the voters in an election. General obligation bonds are generally payable from ad valorem taxes (based on the value of property) and expressed in mills. General obligation bonds
are attractive to bond buyers because they have voter approval and are not as vulnerable to
fluctuations in revenue. Municipalities are assigned a bond debt limit based on a percentage of taxable valuation. General obligation bonds must fall within this limit. D. Municipal Revenue Bonds
Under 7-7-4401, MCA, a municipality may issue revenue bonds to finance any project or activity
authorized NOTE: Pursuant to 7-15-4218, MCA, voter approval of urban renewal plan required when general obligation bonds to be used. If the plan or any subsequent modification thereof involves financing
by the issuance of general obligation bonds of the municipality as authorized in 7-15-4302(1) or
the financing of water or sewer improvements by the issuance of revenue bonds under the provisions of part 44 of chapter 7 or of part 43 of chapter 13, the question of approving the plan and issuing such bonds shall be submitted to a vote of the qualified electors of such municipality, in accordance with the provisions governing municipal general obligation bonds under chapter 7,
part 42, at the same election and shall be approved by a majority of those qualified electors voting
on such question. Railroad Crossing Related Programs A. Federal Surface Transportation Program - Rail/Highway Crossing Protective Devices
Program
The purpose of the Federal Rail/Highway Crossing – Protective Devices Program is to identify high hazard rail crossing sites and install new rail crossing signals. MDT's Rail - Highway Safety manager is responsible for surveying, identifying and prioritizing those railroad crossings that require new protective devices or upgrading of existing devices. The funds are distributed on a
statewide basis determined by a priority list ranked by a hazard index. The Federal/State ratio is
90% Federal and 10% State.
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B. Federal Surface Transportation Program - Rail/Highway Crossing Elimination of Hazard Program
The purpose of the Federal Rail/Highway Crossing – Elimination of Hazard Program is to identify
high hazard rail crossing sites and construct new rail/highway grade crossings. The program also uses funds to rehabilitate existing grade separations. Grade separation projects are funded with 90% Federal funds and 10% State funds. Since funding for this program is limited, funds are often used in combination with other Federal funding sources to fund costly grade separation projects.
Eligible expenditures include the separation or protection at grade crossings, reconstruction of
existing crossings and relocation of highways to eliminate crossings. Projects for this program are selected by identifying those sites where only a grade separation will eliminate an identified hazard or where an existing grade separation exists but needs rehabilitation or replacement.
Funding for Public Improvements (Sewer, Water, Roads, Community Facilities, Parks)
A. Treasure State Endowment Program ~ Montana Department of Commerce The Montana Treasure State Endowment Program (TSEP) is a state-funded program, authorized under 90-6-701 through 710, MCA, and is administered by the Montana Department of Commerce (MDOC). It is designed to assist local governments in financing capital improvements to sewer
and water facilities. Funds are derived from the Montana coal severance tax and made available to
local governments as matching grants, loans and grant/loan combinations. TSEP also provides matching grants of up to $15,000 to local governments for preliminary engineering study costs. TSEP funds may not be used for annual operation and maintenance; the purchase of non-
permanent furnishings; or for refinancing existing debt, except when required in conjunction with
the financing of a new TSEP project. Grant requests cannot exceed $500,000 and the local government must typically provide a dollar for dollar match that can include other grant funds. Matching funds can be public or private funds provided by a TSEP applicant to directly support the cost of eligible project activities. There are a number of ways in which local governments can
provide matching funds for bridge projects. Eligible types of matching funds include:
• local general funds or other cash;
• proceeds from the sale of general obligation, revenue, special assessment or other bonds;
• entitlement or formula-based federal or state funds such as federal highway funds or payments in lieu of taxes;
• loan or grant funds from a state or federal program (including TSEP loans);
• funds expended for engineering studies, reports, and plans, or other reasonable expenses
expended for the preparation of the application, directly related to the project during the period 24 months prior to the TSEP application deadline;
• funds expended after the TSEP application deadline, but before being approved by the Legislature, for project management, final engineering design, and other reasonable
expenses necessary to prepare the project as in the TSEP application for the construction
phase;
• the value of land or materials provided by the applicant, if appraised within a two-year period preceding the application deadline. The appraisal must be:
• an impartially written statement that adequately describes the land or materials, and states an opinion of defined value as of a specific date;
• supported by an analysis of relevant market information; and
• prepared by a qualified appraiser independent from the applicant.
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• the value of labor performed by the applicant’s employees on the project, after the TSEP
project has been approved for funding and a TSEP contract has been signed, as long as the
employee is paid at his or her standard hourly rate of pay and the time worked is adequately documented; and
• the value of machinery used in the process of constructing the project that is owned (or leased) and operated by the applicant. The value of the use of the machinery will be
determined using the Federal Emergency Management Agency (FEMA) equipment rate schedules. B. The Montana Intercap Program ~ Montana Board of Investments The INTERCAP Program is a low cost, variable-rate program that lends money to Montana local
governments, state agencies and the university system for the purpose of financing or refinancing the acquisition and installation of equipment or personal and real property and infrastructure improvements. The Board of Investments issues tax-exempt bonds and loans the proceeds to eligible borrowers. In addition to long-term financing, INTERCAP is an excellent source for interim financing.
Funding is always available with no specific cycle. Allocations of $200,000 and under are considered and approved by the Board of Investments staff. Allocations in excess of $200,000 are considered and approved by the Board. Funds are released on an on-going basis as the project is completed. The program provides loans at a variable rate plus a one percent loan origination fee
on loans over one year and for a term of 5 or 10 years depending on the borrower's legal authority. Short-term loans of less than a year are also available. Interest and principal payments are due bi-annually (February 15 and August 15 of each year). Loans may be pre-paid without penalty with 30 days notice. Types of financing include installment purchase loans, general fund loans, general obligation bonds, revenue bonds and special improvement district and rural improvement district
bonds. Gas tax revenues may not be used to service debt. Projects that will use rural improvement district payments to cover the annual debt are limited to a total loan of $300,000. Intercap funds may be used in association with other grant and loan programs as well as local sources. C. Community Development Block Grant (CDBG
The Community Development Block Grant (CDBG) Program is a federally funded grant program that provides assistance to communities with community development needs such as housing, public facilities, economic development and planning grants. All projects must be designed to principally benefit low and moderate-income families. The program was established by the Federal Housing and Community Development Act of 1974 (42 USC 5301) and is administered nationally
by the U.S. Department of Housing and Urban Development (HUD). The Legislature authorized the Montana Department of Commerce (MDOC) to administer the program beginning in 1982. Eligible activities include planning, public facilities construction, housing and neighborhood renewal and economic development.
D. Public Works Program ~ Economic Development Administration The Economic Development Administration (EDA) is an agency within the U.S. Department of Commerce. The purpose of the Public Works Program is to assist communities with the funding of public works and development facilities that contribute to the creation or retention of private sector jobs and to the alleviation of unemployment and underemployment. Such assistance is
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designed to help communities achieve lasting improvement by stabilizing and diversifying local economies, and improving local living conditions and the economic environment of the area.
Grants are awarded up to a participation level of 80 percent but the average EDA grant covers approximately 50 percent of project costs. Acceptable sources of match include cash, local general obligation or revenue bonds; Community Development Block Grants, TSEP grants and loans, entitlement funds, Rural Development loans; and other public and private financing, including
donations.
Projects must result in private sector job and business development in order to be considered for funding. Eligible applicants under this program include any state, or political subdivision thereof, Indian tribe (and other U.S. political entities), private or public nonprofit organization or
association representing any redevelopment area if the project is within an EDA-designated
redevelopment area. Redevelopment areas, other than those designated under the Public Works Impact Program must have a current EDA-approved Overall Economic Development Program (OEDP) in place.
E. Water, Wastewater and Solid Waste Action Coordinating Team
In 1982, a group of professionals from state, federal, and non-profit organizations that finance, regulate, or provide technical assistance for community water and wastewater systems, decided to start meeting in order to coordinate and enhance their efforts. This group calls itself the "Water, Wastewater and Solid Waste Action Coordinating Team" or W2ASACT for short. W2ASACT
meets several times a year to find ways to improve our state's environmental infrastructure. All of
the programs represented in W2ASACT have different missions and meet unique needs. However, it has been the common elements shared by the funding programs that have been the driving force of W2ASACT. These programs provide money (grants or loans), take applications from communities to fund their projects, and administer those monies once the project is funded. While
W2ASACT cannot change all of the state or federal requirements, it can identify unnecessary
duplication of requirements that make compliance difficult for communities. Voluntary Programs In some cases, homeowner associations, business groups or other property owners may finance
urban renewal projects voluntary basis.
Bozeman Midtown Urban Renewal Program Evaluation and Plan Amendments This Urban Renewal Plan will be evaluated on a yearly basis in conjunction with the preparation of the annual report. Measures that may be used in evaluating program success include:
Increases in the property tax base
Creation of jobs within the Bozeman Midtown Urban Renewal District
Elimination of blighted conditions The plan provides flexibility to accommodate a variety of approaches. However, changes over
time may necessitate more formal amendments to the Urban Renewal Plan. The Urban Renewal
Plan may be modified by ordinance under 7-15-4221 MCA.
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Appendix A. Public Meetings Summaries North Seventh Urban Renewal Board Meeting August 6, 2015 Summary Notes on Midtown Expansion Statement of Blight Attendees: Board Members Andrew Cetraro
Susan Fraser Tracy Menuez Austin Rector Carl Solvie Carson Taylor
Board Members Absent Scott Hedglin Kevin Cook Bill Fogarty
Esther Schwier Staff
David Fine Allyson Brekke Tom Rogers Brit Fontenot
Consultants Lanette Windemaker Public Attendees Steve Johnson, School Superintendent
This is the Statement of Blight on the 7 areas that we were directed to review. It will be going to the City Commission on August 24 as an attachment to the Resolution of Necessity. Our review of the areas for possible expansion documents the conditions in these areas, generally finding them to be eligible for inclusion in the District, for reasons which include.
• The presence of obsolete buildings and aging public infrastructure
• Deteriorating or lack of sidewalks creating unsafe conditions for pedestrians
• Dead-end, incomplete or unconnected streets
• Vacant, neglected empty spaces within the urban core of Bozeman
• Faulty lot layout, characterized by poor drainage and/or excessive or undeveloped access Andrew – we need to be sure that the focus continues to be N7th and existing businesses, and
doesn’t shift to the grass (open undeveloped) areas.
Carl – we should be able to promote development as well as focus on redevelopment Andrew – Convention center is probably not a focus. Carl – agrees with the N7th focus. Carson – Murdoch’s is an obvious addition because it is on N7th, and 1 and 2 at the south end as
well. They allow a continuation of Main Street to N7th.
Lanette – there will be in the new plan a chapter that addresses criteria for ranking, and given the original premise for this URD, redevelopment along N7th will probably always ranking higher that new development of the grass areas. Dave – will the school board support the inclusion of the rest of Whittier.
Steve Johnson – agrees with the premise on Murdoch’s, but of other areas are going to develop
anyway, why not let the school district benefit from the taxes. Would like the URD board to consider supporting enhancement to Whittier. Dave – I see support Whittier as incentivizing residential in the area. Lanette – Based on previous input support for Whittier will be included in the plan.
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It was the Unanimous Recommendation of the Board to Support the 7 Areas of Expansion.
Summary Notes North Seventh Urban Renewal Board Meeting on
North Seventh Avenue (Midtown) Urban Renewal Plan/District Expansion July 14th, 2015 Attendees: Board Members
Scott Hedglin, Chair – voting
Andrew Cetraro – voting Kevin Cook Carl Solvie – voting Austin Rector
Carson Taylor – City Commission Liason
Susan Fraser – voting Esther Schwier Absent: Bill Fogerty - voting
Staff David Fine Allyson Brekke
Tom Rogers Brit Fontenot
Consultants Janet Cornish Lanette Windemaker Tony Becken-Gaddo, Dowl – Easement
Acquisition on North 7th
Public Attendees Gary Lusin, School Board Trustee Rob Watson, School Superintendent
Cyndy Andrus, City Commission
Eric Garberg, Planning Board Chair Kyle Scarr, TD&H
Input on Expansion:
Include all areas as previously decided, plus the remainder of the Whittier School property and the area just north of Murdock’s (pending annexation). Input on Urban Renewal Plan:
Increase the tools available for urban renewal activities including:
• Public-Private Partnerships
• Revolving Loan Programs
• Fee mitigation
• Grants (augment existing grant program)
• Relaxation of sign ordinance (perhaps as an incentive tool)
• Impact fee reimbursement
• Other investment incentives such as writing down the cost of land to facilitate major projects in the district
Expand trail system north of I-90
Improve safety for students through the Safe Routes to School Program
• Whittier School
• Bozeman High School
Develop open space and event areas
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• Aspen as a “festival street” and public anchor
• The BMX area (if included in the District)
Improve area infrastructure
• Enhance intersections
• Connect infrastructure in and out of the district
• Improve water, sewer and transportation infrastructure
• Reconstruct streets
• Create 8th Avenue where it is missing as an important secondary access
• Improve broadband services to and within the district
Engage in urban renewal activities as provided for in statute; e.g. “to improve, clear, or prepare for redevelopment any real or personal property in an urban renewal area” (7-15-4233 MCA)
Promote/Market Midtown
• Branding programs including those that tie “Midtown” to MSU
• Gateway development
• Marketing and outreach plans
Promote mixed-uses and higher density development, such as upper story residential development
• Stimulate critical residential mass to help support commercial development
Coordinate mixed use development with better pedestrian access
Develop a variety of housing types in the urban renewal area
• Co-op
• Transitional
• Senior/Special Needs
• Income diverse
Provide for “live-work” opportunities in the district (targeting millennials as well as other
groups who want to live and work in close proximity.)
Install way-finding signage
• Within the district
• On I-90
• Use the “Midtown” brand in the signage (early on to establish the name in association with the district)
Address design and zoning issues in the district
• Provide choices to property owners for boulevard plantings, including drought
tolerant plantings for sustainable water use
• Address the medians – Should the medians be removed to make the area more like a CBD or should they be kept and enhanced, perhaps as gateway features?
• Raise the building height restrictions to promote more multi-story buildings
• Use design elements to link Midtown to Downtown
• Install “traffic calming” art work
• Develop a specific “vision” of the urban renewal district’s character – more like downtown? o Greater pedestrian orientation o Less of a vehicular pass through
• Relax parking requirements
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• Relax signage restrictions
Undertake Economic Development Planning that considers
• A Convention/Conference Center
• High-Tech companies (“groupings”)
• Facilitation of “big deals”, through land acquisition, consolidation and roadblock
reduction
Discourage business enterprises that create blighted conditions in the district through:
• Zoning
• Parking requirements
• Design standards
Stimulate residential development in the Whittier School attendance area to take advantage of this neighborhood school
Help make improvements to obsolete facilities at the Whittier School
• Planning and design assistance
• Capital projects
Provide for public parking
• Parking structure
• Shared parking programs
Support multi-modal transportation
• Develop bus stops in the district
• Improve pedestrian safety at crossings and throughout the district
Foster sustainable approaches to:
• Water use
• Energy use – provide incentives for projects that use alternative energy
• Storm water mitigation (preferably not using developable land)
Work with Gallatin College to develop partnerships in higher education for
• Continuing education
• Distance learning
Address ongoing maintenance needs including snow removal using various funding mechanisms (TIF, BID)
Participate in environmental mitigation/remediation efforts
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Appendix B. Planning Consistency Review Planning Consistency Per Section 7-15-4213, MCA, prior to its approval of an urban renewal project, the local governing
body shall submit the urban renewal project plan to the planning commission of the municipality for review and recommendations as to its conformity with the growth policy and the planning commission shall submit its written recommendations to the local governing body. The efforts of local Planning Boards to prepare land use recommendations for the Bozeman area
began in 1955, when the first municipal Planning Board was formed. In April of 1958, S.R. DeBoer & Company (planning consultants from Denver, CO) prepared Bozeman’s first Master Plan. It included studies on transportation, street planning, zoning districts, parks and recreation, schools, park roads, and sanitation and health.
The City made significant progress in comprehensive planning with the October 2001 adoption of the Bozeman 2020 Community Plan (2020 Plan). The 2020 Plan wholly replaced all previous comprehensive plans and complied with the new planning standards. The 2020 Plan recognized the changing nature of the economy and expanding knowledge of community development standards and consequences. The 2020 Plan also put a higher emphasis on coordinated land use
and physical infrastructure planning. The Bozeman Community Plan was duly adopted as the current growth policy by the Bozeman City Commission by City of Bozeman Resolution No. 4163, dated June 1, 2009. In addition, Bozeman has completed many infrastructure and topic plans that have some influence on the area
included under the Bozeman Midtown Urban Renewal District Plan. Some applicable plans are:
• Design and Connectivity Plan for North Seventh Avenue Corridor.
• Design Objectives Plan for Entryway Corridors.
• Design Guidelines for Historic Preservation and the Neighborhood Conservation Overlay. North Seventh Avenue Urban Renewal District Plan; October, 2006 In August of 2005, the Bozeman City Commission adopted Resolution 3839, a Resolution of
Necessity, and subsequently approved Ordinance 1685, on November 27, 2006, which created the
North Seventh Avenue Urban Renewal District and adopted the North Seventh Avenue Urban Renewal Plan with a provision for tax increment financing, to be calculated using a base year of 2006.
The following excerpts and specific statements were included in the 2006 North Seventh Avenue
Urban Renewal Plan demonstrating conformance with the Bozeman 2020 Community Plan and describing the land uses and zoning in the area at that time. “Growth Policy Land Use Designations
The Bozeman 2020 Community Plan designates the area along the N 7th Corridor as
Neighborhood Commercial, Regional Commercial and Industrial. Some of the area east of N 5th Avenue between Tamarack and Oak is designated Residential and the area east along Oak Street contains Regional Commercial and Industrial designations.
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Zoning Classifications The District primarily consists of “B-2 Community business District” zoned parcels. East of
the corridor, two large vacant parcels are zoned “R-4 Residential High Density District”, and
“M-1 Light Manufacturing” zoned parcels are located on the north end of the study area Land Area The District encompasses roughly 323 acres or approximately 30 of the approximately 10,763
acres which comprised the total area of the city of Bozeman in August, 2005.
Land Use The District primarily includes areas of commercial, residential, agricultural, industrial, and public uses.
Commercial Activity The District includes one of the city’s oldest auto oriented commercial strips. Much of the area was developed more than fifty years ago and much has been developed or will develop largely due to the influences of transportation features, particularly North Seventh Avenue, Interstate
90 and Oak Street. These transportation corridors shape many of the elements of the District
including platting of land and land use, access, traffic and circulation, and development patterns Residential Neighborhoods
Well established and well kept residential neighborhoods adjoin North Seventh Avenue
commercial development on both the east and west. A portion of these neighborhoods is included in the District to assure that redevelopment of the Corridor includes careful consideration of the issues associated with these established residential areas.”
Review of the Bozeman Midtown Urban Renewal District Plan’s Consistency with the Bozeman Community Plan To comply with state statute, this Bozeman Midtown Urban Renewal District Plan must be reviewed by the Bozeman City Planning Board and found to be in conformance with the Bozeman Community Plan. On October 20th, 2015 the City Planning Board reviewed the Bozeman Midtown
Urban Renewal District Plan as outlined in this chapter and found it to be in conformance with the
growth policy as required by 7-15-4213 MCA. Growth Policy Review The Bozeman Community Plan was reviewed in order to determine whether the growth policy
adequately supports the urban renewal project (per 7-15-4213 MCA). The Bozeman Community
Plan has been found to include:
• Goals and Objectives that support the urban renewal, economic development, and development of infrastructure that encourages urban renewal and economic development
in the community.
• The inclusion of tax increment financing among the strategies to be implemented to achieve the Bozeman Community Plan’s goals and objectives.
• The identification of land use through maps and/or text of lands.
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An overall review of the goals and objectives of the growth policy indicates no conflicts for an urban renewal project with the growth policy. The following selections from the Bozeman
Community Plan demonstrate conformance of the Bozeman Midtown Urban Renewal District Plan
to the vision, goals and objectives of the Bozeman Community Plan. 1-2 Vision Statement (Page 1-2)
Bozeman’s unique identity, characterized by its natural surroundings, its historic and
cultural resources, and its downtown, which is the heart and center of the community, is
preserved and enhanced.
Bozeman’s economy is strong, diverse and sustainable.
Our natural resources are protected and preserved for future generations.
A diversity of recreational facilities, activities, and parks are provided.
Public services and infrastructure support our growing population in a cost-effective
manner.
The community development pattern is sustainable, and preserves our health, safety, and quality of life.
The housing stock provides quality, affordability, and choice.
Our development pattern encourages and enables the use of diverse modes of transportation.
Our quality of life is enhanced by the arts.
Our governmental agencies, including the City of Bozeman and Gallatin County, work together in a cooperative and coordinated way for the good of the region.
An actively engaged citizenry has a wide array of opportunities to participate in civic life.
Our community recognizes that the individual and collective choices we make have
consequences. 1.3 Addressing Growth & Change Goals and Objectives Goal G-1: Growth Management - Promote the unique history and character of Bozeman by
preserving, protecting, and enhancing the overall quality of life within the planning area.
(Page 1-3) Rationale: To ensure that Bozeman remains a great place to live, work, operate a business, and play we need to protect the qualities that make people and companies want to be here in the first place.
• Objective G-1.1: Ensure growth is planned and developed in an orderly and publicly open manner that maintains Bozeman as a functional, pleasing, and social community.
• Objective G-1.2: Ensure that adequate public facilities, services, and infrastructure are available and/or financially guaranteed in accordance with facility or strategic plans prior
to, or concurrent with, development.
• Objective G-1.3: Require development to mitigate its impacts on our community as identified and supported by evidence during development review, including economic, health, environmental, and social impacts.
• Objective G-1.4: Ensure that Bozeman grows in a sustainable manner with consideration for climate change, health and safety, food production, housing, employment opportunities, natural hazard mitigation, and natural resource conservation.
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Goal G-2: Implementation – Ensure that all regulatory and non-regulatory implementation actions undertaken by the City to achieve the goals and objectives of this plan are effective,
fair, and are reviewed for consistency with this plan on a regular basis. (Pages 1-3 and 1-4)
3.3 Land Use Goals and Objectives Goal LU-1: Create a sense of place that varies throughout the City, efficiently provides public and private basic services and facilities in close proximity to where people live and work, and
minimizes sprawl. (Page 3-6) Rationale: A sense of community is strengthened by distinctive areas which facilitate neighborhood identity. This is strengthened when essential services are available and encourage informal interactions. Full featured neighborhoods allow extensive interaction and build identity with a specific part of the community. A sense of place does not prohibit change
or continued evolution of the community.
• Objective LU-1.1: The land use map and attendant policies shall be the official guide for the development of the City and shall be implemented through zoning regulations, capital improvements, subdivision regulations, coordination with other governmental entities, and
other implementation strategies.
• Objective LU-1.2: Review and revise regulatory standards and City policies to ensure that develop advances the vision, goals, and objectives of this plan, and sprawl, as defined in Appendix K (of the Community Plan), is discouraged.
• Objective LU-1.3: Encourage positive citizen involvement in their neighborhood and community.
• Objective LU-1.4: Provide for and support infill development and redevelopment which provides additional density of use while respecting the context of the existing development
which surrounds it. Respect for context does not automatically prohibit difference in scale
or design. Goal LU-2: Designate centers for commercial development rather than corridors to encourage cohesive neighborhood development in conjunction with non-motorized
transportation options. (Page 3-7) Rationale: Transportation and land use are closely connected. A center based development pattern is more land and resource efficient and supports the goals of community and neighborhood development and sustainability. Future growth will cause additional demand for and use of transportation facilities. A center based development pattern can reduce future
demand.
• Objective LU-2.1: Locate high density community scale service centers on a one mile radius, and neighborhood service centers on a one-half mile radius, to facilitate the efficient use of transportation and public services in providing employment, residential, and other essential uses.
• Objective LU-2.2: Provide for a limited number of carefully sited regional service centers which are appropriately sized and serviced by adequate infrastructure.
• Objective LU-2.3: Encourage redevelopment and intensification, especially with mixed
uses, of brownfields and underutilized property within the City consistent with the City’s
adopted standards. Using this approach rehabilitate corridor based commercial uses into a pattern more supportive of the principles supported by commercial centers.
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Goal LU-3: Strengthen the Historic Core of Bozeman to preserve the community character, economic resource, and historical connection represented by this area. (Page 3-7)
Goal LU-4: Sustainability, Natural Environment and Aesthetics – Ensure adequate review of individual and cumulative environmental and aesthetic effects of development to preserve the viewsheds, natural functions, and beauty which are a fundamental element of Bozeman’s character. Design and development in a quantifiably sustainable manner are desirable.
(Pages 3-8 and 3-9) Rationale: The natural environment is a key aspect of Bozeman’s appeal. Accidental or deliberate injury to the natural environment can be very costly to repair and can have substantial impacts on City functions. Individual actions can cause incremental change which is unacceptable. Human use of resources will cause impacts. Development within the City can
provide significant protection for valued natural resources within the larger community of
Gallatin County.
• Objective LU-4.1: Protect important wildlife habitats, and natural areas which provide for beneficial functions, such as floodplains.
• Objective LU-4.2: Protect the viewshed, including ridgelines, surrounding and within Bozeman to preserve the natural character and mountain setting which helps to make Bozeman unique.
• Objective LU-4.3: Encourage the creation of well-defined residential neighborhoods.
Each neighborhood should have a clear focal point, such as a park, school, other open space or community facility, and shall be designed to promote pedestrian convenience. To this end, the City shall encourage the use of historic Bozeman neighborhoods, including a significantly interconnected street system, as models for the planning and design of new residential neighborhoods.
• Objective LU-4.4: Review and revise the City’s regulations to encourage and support sustainability in new construction and rehabilitation or redevelopment of existing areas.
• Objective LU-4.5: Generation of renewable energy including solar and wind power as an
accessory use is encouraged with proper design and compatibility to adjacent uses.
• Objective LU-4.6: All mixed use areas should be developed on a grid of connectivity, including streets, alleys, driveways, and parking areas that contain multimodal facilities and a high level of connectivity to adjacent development. Shared use, underground, or other structured parking is recommended to reduce surface parking area.
• Objective LU-4.7: Stormwater systems should be designed using Low Impact Development principles.
• Objective LU-4.8: Promote the efficient use of water, energy, land, human resources, and
natural resources and protect water supply quantity and quality.
• Objective LU-4.9: Recognize the cumulative effects of changes in land use and develop equitable means to evaluate, avoid, and/or respond to negative cumulative impacts. Recognize the value of well designed and implemented urban development in minimizing impacts from existing and future development.
• Objective LU-4.10: Encourage development throughout Gallatin County to occur within existing municipalities and support the local ability to address and manage change and growth.
4.3 Community Quality Goals and Objectives
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Goal C-1: Human Scale and Compatibility — Create a community composed of neighborhoods designed for the human scale and compatibility in which the streets and
buildings are properly sized within their context, services and amenities are convenient, visually pleasing, and properly integrated. (Page 4-3) Rationale: A community’s physical form, rather than its land uses, is its most enduring characteristic. We should design places for people as the primary user. Good design looks good and feels good. The spatial relationships in our environment in large part determine our
experience of the place. Scale and context should be the beginning point of any discussion of
community quality.
• Objective C-1.1: - Expand design review programs citywide to ensure well designed spaces throughout the community.
• Objective C-1.2: - Update design objectives to include guidelines for urban spaces and more dense development.
• Objective C-1.3: Support compatible infill within the existing area of the City rather than developing land requiring expansion of the City’s area.
• Objective C-1.4: Achieve an environment through urban design that maintains and enhances the City’s visual qualities within neighborhood, community and regional commercial areas. Goal C-2: Community Circulation — Create a circulation system both vehicular and pedestrian that is fully connected, integrated, and designed for ease of use. (Page 4-4) Rationale: Street and roadway layouts have an impact on the community far beyond their costs of construction; they create the mental image one is left with after visiting a place. Options for travel by modes other than in an automobile can increase the physical health of the community
and fight the current obesity epidemic. Moving about the community through multiple modes
of transportation should be safe, pleasant, easy, and available to all. Instead of a project-by-project struggle to accommodate bicycle- and pedestrian-friendly practices, complete streets policies require road construction and improvement projects to begin by evaluating how the right-of-way serves those who use it.
• Objective C-2.1.: Require adequate and efficient circulation in all subdivisions and site plans and provide connectivity between developments and major destinations for both the pedestrians and vehicles, including human powered vehicles.
• Objective C-2.2: Develop standards for complete streets that will apply to City streets and
to private drive aisles.
• Objective C-2.3.: Investigate the expansion of shared use pathways within the City.
• Objective C-2.3.: Require alleys in all new development both commercial and residential
where feasible.
• Objective C-2.4: Support Community Transit. Work with the Streamline Transit agency to include transit stops, shelters, seating, lighting or areas improved for future transit stops within development projects where appropriate.
• Objective C-2.5: Explore and encourage innovative parking solutions for both residential and commercial projects including parking best practices, expanded parking districts, cash in lieu of parking, and design guidelines for structured parking.
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Goal C-3: Neighborhood Design – New neighborhoods shall be pedestrian oriented, contain a variety of housing types and densities, contain parks and other public spaces, have a
commercial center and defined boundaries. (Page 4-5) Rationale: Good neighborhoods allow choices in housing, recreation, modes of transportation, options for commerce, work, and entertainment while providing a healthy environment and a sense of place and identity that residents can call home.
• Objective C-3.1: Encourage the preservation and continuing operation of existing
neighborhood schools.
• Objective C-3.2: Provide for neighborhood focal points to encourage local identity within the community and provide a place for social interaction.
• Objective C-3.3: Establish minimum residential densities in new and redeveloping residential areas.
• Objective C-3.4: Create neighborhood Commercial Centers that will provide uses to meet consumer demands from surrounding Residential Districts for everyday goods and services, and will be a pedestrian oriented place that serves as a focal point for the surrounding
neighborhoods.
• Objective C-3.5: Integrate a wide variety of open lands, such as parks, trails, squares, greens, playing fields, natural areas, orchards and gardens, greenways, and other outdoor spaces into neighborhoods.
• Objective C-3.6 Ensure that health (as defined in Appendix K (of the Community Plan)) issues within the scope of the City of Bozeman’s responsibility are included in the City’s regulations, policies, and practices.
Goal C-4: Design Guidelines – Create illustrated design guidelines to give clear direction in design and review of residential and non-residential neighborhoods without unduly constraining architectural style and innovation. (Page 4-6) Rationale: Design Guidelines allow the community an opportunity to communicate with developers and those who wish to build here. The guidelines are a way to convey to the
development community who we are and where we as a community would like to go. The
guidelines can be read as a list of values.
• Objective C-4.1: Continue to develop the design guidelines for site planning and buildings to emphasize creativity, diversity, and individuality. The design guidelines shall be based
on the premise that truly creative design is responsive to its context and contributes to a
comfortable, interesting community.
• Objective C-4.2: All new residential buildings should be designed to emphasize the visually interesting features of the building, as seen from the public street and sidewalk.
The visual impact of garage doors, driveways, and other off-street parking will be
minimized and mitigated.
• Objective C-4.3: Ensure the development of new residential structures that are aesthetically pleasing through urban design.
• Objective C-4.4: Provide for the protection of character and the enhancement of services in existing residential neighborhoods.
• Objective C-4.5: Investigate expanding form based zoning as a design review strategy for the City.
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Goal C-5: Public Landscaping and Architecture— Enhance the urban appearance and environment through the use of architectural excellence, landscaping, trees and open space.
(Page 4-7) Rationale: The benefits of a well developed landscape are myriad: beautification of the environment, animal habitat, reduction of the heat island effect, stormwater control, and opportunities for recreation and human interaction.
• Objective C-5.1: Provide street trees in all public rights of way to establish a human scale
to transportation corridors.
• Objective C-5.2: Encourage inclusion of plazas and other urban design features as public areas within developments.
• Objective C-5.3: Continue to develop the design guidelines to encourage innovative landscaping including urban hardscapes, public art, plazas, roof gardens, green walls, and other features to emphasize the urban qualities of individual projects.
• Objective C-5.4: Continue to develop the design guidelines to provide direction to
naturalizing stormwater systems and integrating them into the landscape as an amenity.
Goal C-6: Support Sustainability— Provide a framework to integrate the functional systems of a development into the site planning and building architecture. (Page 4-8) Rationale: The support and encouragement of new technologies and techniques to make our developments more sustainable while still maintaining good design and an aesthetically
pleasing cityscape is obligatory in the face of today’s global environmental challenges.
• Objective C-6.1: Continue to develop the design guidelines to encourage the treatment of stormwater on site with an aesthetic and integrated approach utilizing Low Impact Development principles. Provide incentives for innovation.
• Objective C-6.2: Continue to develop the design guidelines to provide direction for the integration of site based power generation (solar, wind, geothermal, etc.) in both commercial and residential projects.
• Objective C-6.3: Encourage and support energy conservation and efficiency in all aspects
of development.
• Objective C-6.4: Continue to develop the design guidelines and ordinances to implement best dark sky lighting practices including utilizing new technologies to reduce impacts to
the night sky.
5.3 Historic Preservation Goals and Objectives Goal HP-1: Protect historically and culturally significant resources that contribute to the community’s identity, history, and quality of life. (Page 5-5)
Goal HP-2: Promote protection of historically and culturally significant properties through education and outreach in order to increase community awareness and identity. (Page 5-6) 6.3 Housing Goals and Objectives
Goal H-1: Promote an adequate supply of safe, quality housing that is diverse in type, density, cost, and location with an emphasis on maintaining neighborhood character and stability. (Page 6-3)
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Goal H-2: Promote the creation of housing which advances the seven guiding land use principles of Chapter 3. (Pages 6-3 and 6-4)
Goal H-3– Encourage an adequate supply of affordable housing and land for affordable housing. (Page 6-4) 7.3 Arts and Culture Goals and Objectives
Goal AC-1: Support public and private arts and cultural opportunities in the Bozeman community for the enjoyment of all persons. (Page 7-3) 8.3 Economic Development Goals and Objectives Goal ED-1: Promote and encourage the continued development of Bozeman as a vital
economic center. (Page 8-4) Rationale: Economic vitality supports the social and cultural fabric of the community and provides for physical needs of the citizens.
• Objective ED-1.1: Support business creation, retention, and expansion. Emphasize small businesses, ‘green’ businesses, and e-businesses.
• Objective ED-1.2: Coordinate the provision of infrastructure necessary to support economic development.
• Objective ED-1.3: Foster a positive economic climate through a well managed and
aesthetically pleasing built environment, and by maintaining a beautiful and healthy natural
environment to promote and attract businesses with a desirable impact on the community.
• Objective ED-1.4: Encourage ongoing improvements in private infrastructure systems, such as telecommunications, and promote state-of- the-art facilities.
• Objective ED-1.5: Encourage, through the use of incentives, the development of business
and industry that provides wages that are proportionate to, or are higher than, the cost of living and provide options to expand skills and opportunities for Bozeman’s workforce.
• Objective ED-1.6: Utilize the City’s economic development and urban renewal plans to
stimulate investment and maintain a health and vibrant economy.
• Objective ED-1.7: Support efforts by the Bozeman Convention and Visitors Bureau, the Bozeman Area Chamber of Commerce, the Downtown Bozeman Partnership, Prospera Business Network, MSU-Bozeman and others to promote Bozeman. (Source: Bozeman
Economic Development Plan)
• Objective ED-1.8: Leverage local, state, and federal economic development resources to enhance economic growth in Bozeman. (Source: Bozeman Economic Development Plan) Implementation Policies: 2-6, 10, 12-14, 16, 24, 25, 26, 47-56, 72, 77, 78, 80, 81, 83, 84, 86-88
Goal ED-2: Support balanced policies and programs to encourage a durable, vigorous, and diverse economy. (Page 8-5) Rationale: A lack of balance in economic policy can lead to loss of community viability by sacrificing high long term value community assets for short term, “quick fix” benefits. It is
important to recognize the economic importance of the social, cultural, and natural assets of Bozeman.
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• Objective ED-2.1 Support the preservation of agricultural lands and activities and a viable
agricultural community, including community supported agriculture, as an important
economic sector in the Gallatin Valley.
• Objective ED-2.2: Support the preservation of Gallatin County’s historic agricultural character and rural lifestyle.
• Objective ED-2.3: Ensure the viability of agricultural land uses by protecting water sources used for irrigation.
• Objective ED-2.4: Foster a diverse economy that will protect the economic climate for existing businesses and maintain opportunities for business expansion.
• Objective ED-2.5: Participate in the growing regional economy in a manner that minimizes conflict between jurisdictions and that maximizes natural market strengths.
• Objective ED-2.6: Maintain a strong financial position for the City of Bozeman.
• Objective ED-2.7: Support Montana State University in its educational and research
mission, which contributes to the local and state economy.
• Objective ED-2.8: Support education and workforce development initiatives to provide Bozeman with the qualified workers to meet the needs of business. (Source: Bozeman
Economic Development Plan)
• Objective ED-2.9: Create a more collaborative and effective working partnership between the business community and the City of Bozeman and effectively manage the City of Bozeman’s regulatory environment to accomplish goals without hindering business expansion and economic growth. (Source: Bozeman Economic Development Plan)
Goal ED-3: Recognize the importance of quality of life elements in attracting and developing economic activity. (Page 8-6) Rationale: High cultural, educational, and outdoor recreational values are commonly cited reasons for people to visit or live in Bozeman. Protecting and building upon existing strong
assets leverages other efforts for economic development. A strong sense of shared community values and mutual support creates a good environment for business and workers to succeed.
• Objective ED-3.1: Build upon existing cultural assets such as historic districts, parks, arts festivals, the arts community, and MSU to strengthen the local economy.
• Objective ED-3.2: Encourage sustainable development to minimize costs to businesses and customers and protect quality of life.
• Objective ED-3.3: Encourage businesses to be good stewards and contributors to the community, including participating in public/private partnerships to meet community
needs. 9.3 Environmental Quality and Critical Lands Goals and Objectives Goal E-1: Continue protecting critical lands as valuable resources for the Community. (Page 9-5)
Goal E-2: Ensure good environmental quality of water resources, air, and soils within the planning area. (Page 9-5) Goal E-3: Help address climate change by taking steps towards reducing the City’s
greenhouse gas emissions. (Page 9-6)
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Goal E-4: Promote and support responsible use of our natural resources. (Page 9-7)
Goal E-5: Maintain a natural and attractive aesthetic character for the Bozeman Area. (Page
9-7) 10.3 Parks, Recreation, Open Space, and Trails Goals and Objectives Goal R-1: Provide for accessible, desirable, and adequately maintained public parks, open
spaces, trail systems, and recreational facilities for residents of the community. (Pages 10-4
and 10-5) Rationale: Quality recreational facilities, such as parks and trails, are an important component of the high quality of life enjoyed by Bozeman residents. Recreational facilities also contribute to the strength of the local economy, encourage healthy lifestyles, and provide venues for arts
and cultural events. Finally, the siting of recreational lands, such as parks and open spaces,
greatly influences land use patterns, and can be used to protect environmentally sensitive lands.
• Objective R-1.1: Make all City recreational facilities and programs accessible to and affordable for all members of the community.
• Objective R-1.2: Provide education and information to enhance the utilization and enjoyment of public recreation facilities.
• Objective R-1.3: Establish regular and sufficient funding sources to acquire, develop and maintain public parks, trails, and recreational facilities, and to meet the community’s
recreational programming needs.
• Objective R-1.4: Establish and strengthen partnerships with other recreation providers to meet the community’s recreational needs in a coordinated and cooperative manner.
• Objective R-1.5: Connect the community using trails.
• Objective R-1.6: Ensure that parkland’s size, location, suitability, and development promote usability.
• Objective R-1.7: Ensure equity in the provision of recreation facilities and programs.
• Objective R-1.8: Provide clear and concise standards and requirements to ensure predictability for all groups providing, development, and maintaining recreation facilities.
• Objective R-1.9: Ensure that the City’s recreational facilities are safe.
• Objective R-1.10: Plan for the City’s recreational facilities citywide and at the site level.
• Objective R-1.11: Establish and meet high level of service standards in the provision of recreational facilities and services.
• Objective R-1.12: Use parks and open space to protect critical and sensitive lands.
• Objective R-1.13: Use parks and recreation facilities as community design features such as a neighborhood focal point.
• Objective R-1.14: Continue to provide parks, recreation, open space, and trails facilities
that meet or exceed national per capita standards.
Goal R-2: Provide recreational programming that promotes active, healthy lifestyles. (Page 10-5)
Goal R-3: Promote business growth and economic development. (Page 10-6) Rationale: Excellent recreational facilities attract tourists, residents, and businesses to the community.
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• Objective R-3.1: Encourage economic vitality in the community by providing excellent
recreational facilities.
• Objective R-3.2: Provide recreation programs that expand professional competencies, and provide professional and continuing education opportunities to enhance the skills and knowledge of the City’s workforce. Goal R-4: Use recreational lands to promote arts and culture. (Page 10-6) Rationale: Recreational lands such as parks are obvious locations to conduct arts and culture events and activities.
• Objective R-4.1: Consider arts and culture uses when siting and planning parks, and
incorporate venues and public art as appropriate. 11.3 Transportation Goals and Objectives Goal T-1: Transportation System–Maintain and enhance the functionality of the transportation system. (Pages 11-4 and 11-5)
Rationale: Transportation must be reliable to achieve its function. People depend on the
transportation system to meet their needs for both vehicular and non-vehicular travel.
• Objective T-1.1: The implementation of the transportation facility plan shall conform to the goals and policies of this Plan to ensure that public and private investments in transportation infrastructure support other land use decisions of the community.
• Objective T-1.2: Ensure that the development review process shall coordinate development and transportation services so that necessary facilities, such as pedestrian and vehicular travel ways, are provided concurrently with development.
• Objective T-1.3: All development activity shall comply with the right-of-way standards,
road locations, and other policies set forth in the transportation facility plan to ensure that an orderly, efficient, effective transportation system is continued and to avoid future problems with inadequate transportation services and options.
• Objective T-1.4: Ensure that adequate interconnections are made throughout the
transportation system to ensure a variety of alternatives for trip routing and reduce total travel distance. Goal T-2: Ensure that a variety of travel options exist which allow safe, logical, and balanced
transportation choices. (Pages 11-5 and 11-6) Rationale: Providing for a variety of travel options supports public health, reduces resource demand, and helps the City operate efficiently and cost effectively. Coordinated and cooperative efforts by all transportation system providers minimize the costs while maximizing benefits.
• Objective T-2.1: For the purposes of transportation and land use planning and development, non-motorized travel options and networks shall be of equal importance and consideration as motorized travel options. This balance shall ensure that a variety of travel opportunities are available which do not require the use of automobiles for local trips.
• Objective T-2.2: Review and revise parking requirements to ensure provision of parking consistent with other goals of this plan to support commercial and residential activities in the downtown and other areas.
• Objective T-2.3: Reduce the negative health and physical impacts of the automobile by
coordinating transportation policies to support land use decisions that can decrease the
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number and length of automobile trips. When considering automobile impacts maintain awareness of all the costs of transportation.
• Objective T-2.4: Seek and provide adequate funding to improve and maintain the functionality of all elements of the transportation system. Goal T-3: Encourage transportation options that reduce resource consumption, increase
social interaction, support safe neighborhoods, and increase the ability of the existing transportation facilities to accommodate a growing city. (Page 11-6) Rationale: Supporting transit, pedestrian and bicycle travel as an alternative to single occupancy cars can create more capacity for travel at reduced expense. People are more likely to use these modes of travel if they feel safe when they use them.
• Objective T-3.1: Promote and support a high-quality public transit system.
• Objective T-3.2: Support and encourage Transportation Demand Management to reduce peak travel demands and increase the efficient use of the existing transportation system.
Goal T-4: Pathways–Establish and maintain an integrated system of transportation and recreational pathways, including streets, bicycle and pedestrian trails, neighborhood parks, green belts and open space. (Page 11-7) Rationale: The City works with many partners to develop and operate the transportation system in the City. Coordinating among these partners creates a greater value from a complete
and functional system rather than disjointed pieces.
• Objective T-4.1: Coordinate development of non-motorized transportation systems in conjunction with motor vehicular transportation systems.
• Objective T-4.2: Further develop and maintain an interconnected and convenient
pedestrian and bicycle network for commuting and recreation as discussed and described in the transportation facility plan and in coordination with the design standards of the transportation facility plan and the Parks, Recreation, Open Space, and Trails Plan.
• Objective T-4.3: Review, revise, and update trail/pathway standards to reflect the various
types and uses of trails and other non-motorized travel ways.
• Objective T-4.4: Continue to improve the existing pedestrian network to increase American’s with Disabilities Act compliance. The long term intent is full accessibility throughout the community transportation system. Give highest priority to those
improvements that will provide the greatest access to community centers of activity.
12.3 Public Services & Facilities Goals and Objectives Goal PS-1: Facilities and Services- All public facilities and services provided under the authority of the City of Bozeman shall be provided in a reliable, efficient, cost-effective and
environmentally sound manner. (Pages 12-4 and 12-5) Rationale: The City is committed to providing services in a manner which respects the values and priorities of the citizens of the community.
• Objective PS-1.1: All service and facilities provided under the authority of the City of Bozeman shall have facility plans which will evaluate current and future needs and best
management practices for providing services.
• Objective PS-1.2: Implement all facility plans, including transportation, in compliance with the goals and objectives of the City’s growth policy.
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• Objective PS-1.3: Strive to coordinate the provision of services with other governmental
agencies to prevent overlap, excessive cost, and to provide the highest quality services.
• Objective PS-1.4: Balance maintenance of existing facilities with the need to provide new facilities so that existing users do not suffer a reduction in service quality in order to provide services to new development.
• Objective PS-1.5: Sewer Facilities - Provide for public central sewer collection and treatment facilities for all existing and future land uses within the planning area.
• Objective PS-1.6: Storm Drainage - Provide for storm drain, flood control and treatment facilities to protect existing and future land uses, preserve public safety and protect surface and groundwater quality.
• Objective PS-1.7: Solid Waste - Provide for a balanced and integrated solid waste reduction, recycling and disposal system and design to meet the future needs for the planning area in coordination with other members of the solid waste district.
• Objective PS-1.8: Domestic Water - Provide for a safe and adequate water supply,
distribution, storage and treatment facilities to support water demand projected by planned land uses in the planning area.
• Objective PS-1.9: Fire Protection - Protect the community through a comprehensive fire
and life safety program for current and future city needs.
• Objective PS-1.10: Police Service — Provide protection of community residents from criminal activity, reduce the incidence of crime, and provide other necessary services to meet current and future needs.
• Objective PS-1.11: Library Services - Ensure that high quality library services are provided in an efficient, cost-effective manner.
• Objective PS-1.12: Cemetery - Ensure that cemetery facilities are adequately provided, developed, and maintained.
Goal PS-2: The City shall work with other service and utility providers to ensure the adequate and safe provision of services. (Page 12-5) Rationale: Public and private utilities often are located within the same rights-of-way and easements. Coordination between providers is essential to prevent conflicts, damage, and
injury. Services are necessary to support urban development.
• Objective PS-2.1: Education - Ensure that the area around educational institutions has adequate residential parking, facilities, bike paths, safe cross walks, and zoning to ensure a high quality of life for school users and city residents.
• Objective PS-2.2: Irrigation Water — Provide adequate protection to the canals from development and to ensure future access to canal water for agricultural use.
• Objective PS-2.3: Private Utilities — Facilitate the provision of adequate private utility services within the City while respecting the character of Bozeman.
Goal PS-3: Establish regular and sufficient funding sources to acquire, develop, and maintain public services, and meet the community’s needs. (Page 12-6) Rationale: Adequate and reliable funding sources are critical to the provision of quality facilities and services in a quantity sufficient to keep pace with our growing population.
Dependable funding which enables correctly timed maintenance of facilities results in the least
overall cost of operation.
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• Objective PS-3.1: Establish regular and sufficient funding sources to acquire, develop, and
maintain municipal facilities.
• Objective PS-3.2: Continue a blend of enterprise and general fund supported services to most nearly match revenues to sources of demand for service while recognizing the general obligations of good government.
• Objective PS-3.3: Encourage the annexation of wholly surrounded parcels, while recognizing the financial impacts on small properties without redevelopment options. 13.3 Disaster and Emergency Prevention and Response Goals and Objectives Goal D-1: Recognize the on-going and pervasive opportunity for hazards to occur and act
pro-actively to minimize their effects. (Page 13-2)
Goal D-2: Recognize and strive to address both chronic as well as acute hazards and the effect of cumulative actions on increasing or decreasing hazards. (Page 13-3)
14.3 Regional Coordination and Cooperation Goals and Objectives Goal RCC-1: Coordinate policies and actions between public entities to increase effectiveness and efficiency of implementation of the Bozeman Community Plan. (Pages 14-2 and 14-3) Goal RCC-2: Utilize inter-local agreements and similar mechanisms to establish formal
coordination mechanisms so intent, scope, and functions are well defined to advance cooperation. (Pages 14-3 and 14-4) Rationale: Elected and appointed officials change membership over time. Having a formal inter-local agreement ensures continuity and consistency of policy over time. Development of agreements facilitates discussion of issues so that pitfalls can be avoided and success is more
likely.
• Objective RCC-2.1: Document and formalize the practice of the county not approving development within the planning area where the City considers services to be reasonably available.
• Objective RCC-2.2: Evaluate means for the City to support the County’s proposed transfer
of development credit program.
• Objective RCC-2.3: Work with Gallatin County to develop standards to facilitate extension of urban services including street widths, utility easements, and subdivision
design.
• Objective RCC-2.4: Develop joint programs and practices with local, state, and federal entities to address health, safety, and environmental concerns, as well as other issues as may be identified.
• Objective RCC-2.5: Work with School District 7 to coordinate future school locations and development to integrate with the City’s transportation network, location of residences, and location and use of public parks.
• Objective RCC-2.6: Continue coordination with the Montana Department of
Transportation so that street construction and maintenance advance the purposes of this plan, support infill and extension of pedestrian and bicycle circulation, and other issues as may be identified.
• Objective RCC-2.7: Continue cooperation with Montana State University on
transportation, building siting, future land use planning, and other town/gown issues.
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• Objective RCC-2.8: Recognize the significant influence that state and local agencies, such
as the US Forest Service, have on City concerns such as watershed management and
recreation.
Specific Goals and Objectives in the Bozeman Community Plan furthering urban renewal and economic stability for the prevention and the elimination of urban blight.
Land Use Objective LU-1.4: Provide for and support infill development and redevelopment
which provides additional density of use while respecting the context of the existing
development which surrounds it. Respect for context does not automatically prohibit difference in scale or design.
Land Use Objective LU-2.3: Encourage redevelopment and intensification, especially with mixed uses, of brownfields and underutilized property within the City consistent with the
City’s adopted standards. Using this approach rehabilitate corridor based commercial uses into
a pattern more supportive of the principles supported by commercial centers.
Land Use Objective LU-4.4: Review and revise the City’s regulations to encourage and support sustainability in new construction and rehabilitation or redevelopment of existing areas.
Economic Development Objective ED-1.2: Coordinate the provision of infrastructure necessary to support economic development.
Economic Development Objective ED-1.4: Encourage ongoing improvements in private infrastructure systems, such as telecommunications, and promote state-of- the-art facilities.
Economic Development Objective ED-1.6: Utilize the City’s economic development and
urban renewal plans to stimulate investment and maintain a health and vibrant economy.
Economic Development Objective ED-1.8: Leverage local, state, and federal economic development resources to enhance economic growth in Bozeman.
Economic Development Objective ED-2.4: Foster a diverse economy that will protect the economic climate for existing businesses and maintain opportunities for business expansion.
Economic Development Objective ED-2.9: Create a more collaborative and effective working partnership between the business community and the City of Bozeman and effectively manage the City of Bozeman’s regulatory environment to accomplish goals without hindering business expansion and economic growth. Evaluation of the Bozeman Midtown Urban Renewal District Plan for conformance with Overall Principles and Goals of the Bozeman Community Plan.
In conformance with the growth policy, the Bozeman Midtown Urban Renewal District Plan seeks to provide long term economic stability and to use planning and the development of public infrastructure as tools for well managed growth.
The goals of the Bozeman Midtown Urban Renewal District as stated in the Urban Renewal District Plan are:
Goal #1 Promote Economic Development
Goal #2 Improve Multi-Modal Transportation
Goal #3 Improve, Maintain and Support Innovation in Infrastructure
Goal #4 Promote Unified, Human Scale Urban Design
Goal #5 Support Compatible Urban Density Mixed Land Uses
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Growth Policy Implementation The following selections from the Bozeman Community Plan demonstrate conformance of the
Bozeman Midtown Urban Renewal District Plan to the implementation strategies and tools of the growth policy. 16: Implementation 16.2 Implementation Action Plan Programs or Detailed Planning Efforts (Page 16-2) - This growth policy establishes a foundation for programs as well as more detailed
plans. For example, a neighborhood plan for Downtown and an Economic Development plan now underway were both initiated through the growth policy. Programs have varying levels of priority, depending on the issues involved. Consequently, the City will initiate them at different intervals. Programs often provide the organizational structure to carry out routine City operations such as
street maintenance. Detailed planning also includes the preparation of facility plans.
The Bozeman Community Plan chronicles several programs and/or detailed plans that apply to the Bozeman Midtown Urban Renewal District some of which are described as follows: 8: Economic Development 8.1 Intent and Background. (Page 8-3) The City has also invested
in urban renewal plans for the N. 7th Avenue Corridor, the Downtown area, and the
Northeast Neighborhood These detailed plans help spur reinvestment and preservation of economic activity and resources. D.1 Neighborhood Conservation Overlay District (Pages D-1 and D-2) Enhance property values through the stabilization of neighborhoods and areas of the City, increase economic
and financial benefits to the City and its inhabitants, and promote tourist trade and interests. D.2 Entryway Corridor Overlay District (Pages D-2 and D-3) It is the intent and purpose of these requirements to ensure the quality of development along these corridors to enhance the impression and enjoyment of the community by guiding development and change that occurs in these areas. These provisions are also intended to improve signage, landscaping,
access and other contributing elements of entry corridor appearance and function. Design Objectives Plan for Entryway Corridors. (Page J-10) The entryways into Bozeman play a significant role in shaping attitudes toward our community. Bozeman has adopted special standards which apply to these areas. Updated in 2005, the design guidelines provide illustrated standards which help implement the purposes adopted by ordinance.
Design and Connectivity Plan for North Seventh Avenue Corridor (Page J-11) The
redevelopment and rehabilitation of the N. 7th Avenue corridor was the purpose of the formation of an urban renewal district. The corridor plan, prepared by Winter and Company and adopted in 2006, provides guidance on the design character, opportunities, and challenges for redeveloping the corridor. A group of land owners within the district boundaries advises the City Commission and suggests a work plan each year to advance
the plan. An emphasis is placed within the plan on improving pedestrian and bicycle circulation as well as character of different sections of the street corridor. 16: Implementation 16.2 Implementation Action Plan Funding Mechanisms (Page 16-3) - Bozeman has a longstanding policy to provide the maximum level of services, to the most citizens,
in the most cost effective manner, with due consideration given to all costs – economic, fiscal,
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environmental, and social. In doing so, the city limits on-going expenditures to a level that can be supported with current revenues, uses one-time dollars to fund capital assets or other non-recurring
expenditures, and annually adopts a 5year capital improvements plan for construction and
maintenance of large city assets. User fees and charges are used, as opposed to general taxes, when distinct beneficiary populations or interest groups can be identified; they are more equitable, since only those who use the service must pay, thereby eliminating the subsidy provided by nonusers to users, which is inherent in general tax financing. The City also uses public/private partnerships,
intergovernmental transfers, and private grants when available.
Table 16-1 Implementation Policies and Actions (Pages 16-4 thru 16-18) Chapter 1, 3. Research and implement incentives and regulations and publicize existing incentives, in accordance with the Bozeman Community Plan, that encourage development within the City
of Bozeman. 10, 14, 75, 81
Chapter 3, Land Use 9. Encourage infill and redevelopment which is respectful of its context. 4, 7, 21, 28, 61, 62 Chapter 3, Land Use 11. Continue programs which support adaptive reuse, reinvestment, and continued functional and aesthetic viability of the Historic Core. 22
Chapter 5, Historic Preservation 21a. Use and publicize incentives, such as, but not limited to,
public infrastructure funding support and tax abatement, to encourage commercial and residential development or redevelopment of identified infill areas, including brownfields and the Historic Core. Chapter 6, Housing 28a. Review and revise as needed standards to infill development,
redevelopment, and new development to provide clear guidance and mitigation of objective
problems. Chapter 8, Economic Development 49. Support the creation and expansion of local businesses. 3, 77, 80 Chapter 8, Economic Development 49e. Maintain and seek to expand resources available through
the City’s revolving loan fund and urban renewal districts.
Chapter 8, Economic Development 49g. Increase awareness of existing economic and other benefits of and further develop incentives for locating and operating benefits within City limits. Chapter 8, Economic Development 53. Recognize sustainability as a component of economic development. 12
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Identified implementation tools and strategies, including tax increment financing, which help to achieve the Bozeman Community Plan’s goals and objectives.
Provides a foundation for programs as well as more detailed plans, such as urban renewal
district plans with tax increment financing programs.
Describes the use of alternative funding mechanisms when distinct beneficiary populations or interest groups can be identified and more equitably served (such as tax increment financing).
Encourages development within the City of Bozeman.
Encourages infill and redevelopment.
Continues programs which support adaptive reuse and reinvestment.
Encourages commercial and residential development or redevelopment of identified infill areas through the use of and publicizing of incentives, such as, but not limited to, public infrastructure funding support
Supports standards for infill development and redevelopment.
Supports the creation and expansion of local businesses.
Maintains and seeks to expand resources available through urban renewal districts.
Increases awareness of existing economic and other benefits of and further develop incentives for locating and operating within City limits.
Recognizes sustainability as a component of economic development.
Evaluation of the conformance of the Bozeman Midtown Urban Renewal District Plan with the implementation tools and strategies in the Bozeman Community Plan.
The Bozeman Midtown Urban Renewal District Plan takes advantage of the urban renewal law offered by the State of Montana Code.
The Bozeman Midtown Urban Renewal District Plan provides for the opportunity to use tax
increment financing to assist with redevelopment and revitalization activities, and encourage the retention and growth of economic development.
The Bozeman Midtown Urban Renewal District Plan supports the development of infrastructure that encourages urban renewal and economic development in the community.
Growth Policy Future Land Use
The growth policy provides a visual policy statement with the identification of the future land use pattern through maps and/or text of lands to help achieve the goals and objectives of the Bozeman Community Plan.
The Bozeman Community Plan designates the core area along the North 7th Avenue Corridor
starting from the north end as Industrial, Regional Commercial and Services, and Community Commercial Mixed Use. The majority of the adjacent neighborhoods are designated Residential, with a couple of small areas designated Parks, Open Space and Recreational Lands and Public Institutions. The description of the future land uses is as follows. A section of Bozeman
Community Plan Future Land Use Map and Legend follows the future land use descriptions.
Regional Commercial and Services. Bozeman is a retail, education, health services, public administration, and tourism hub and provides opportunities for these activities for a multi-county
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region. Often the scale of these services is larger than would be required for Bozeman alone. Because of the draw from outside Bozeman, it is necessary that these types of facilities be located
in proximity to significant transportation routes. Since these are large and prominent facilities
within the community and region, it is appropriate that design guidelines be established to ensure compatibility with the remainder of the community. Opportunity for a mix of uses which encourages a robust and broad activity level is to be provided. Residential space should not be a primary use and should only be included as an accessory use above the first floor. Any
development within this category should have a well integrated transportation and open space
network which encourages pedestrian activity, and provides ready access within and to adjacent development. Community Commercial Mixed Use. Activities within this land use category are the basic
employment and services necessary for a vibrant community. Establishments located within these
categories draw from the community as a whole for their employee and customer base and are sized accordingly. A broad range of functions including retail, education, professional and personal services, offices, residences, and general service activities typify this designation.
In the “center-based” land use pattern, Community Commercial Mixed Use areas are integrated
with significant transportation corridors, including transit and non-automotive routes, to facilitate efficient travel opportunities. The density of development is expected to be higher than currently seen in most commercial areas in Bozeman and should include multi-story buildings. A Floor Area Ratio in excess of .5 is desired. It is desirable to allow residences on upper floors, in appropriate
circumstances. Urban streetscapes, plazas, outdoor seating, public art, and hardscaped open space
and park amenities are anticipated, appropriately designed for an urban character. Placed in proximity to significant streets and intersections, an equal emphasis on vehicle, pedestrian, bicycle, and transit circulation shall be provided. High density residential areas are expected in close proximity. Including residential units on sites within this category, typically on upper floors, will
facilitate the provision of services and opportunities to persons without requiring the use of an
automobile. The Community Commercial Mixed Use category is distributed at two different scales to serve different purposes. Large Community Commercial Mixed Use areas are significant in size and are
activity centers for an area of several square miles surrounding them. These are intended to service
the larger community as well as adjacent neighborhoods and are typically distributed on a one mile radius. Smaller Community Commercial areas are usually in the 1015 acre size range and are intended to provide primarily local service to an area of approximately one-half mile radius. These commercial centers support and help give identity to individual neighborhoods by providing a
visible and distinctive focal point.
They should typically be located on one or two quadrants of intersections of arterials and/or collectors. Although a broad range of uses may be appropriate in both types of locations the size and scale is to be smaller within the local service placements.
Mixed use areas should be developed in an integrated, pedestrian friendly manner and should not be overly dominated by any single land use. Higher intensity employment and residential uses are
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encouraged in the core of the area or adjacent to significant streets and intersections. As needed, building height transitions should be provided to be compatible with adjacent development.
Industrial. This classification provides areas for the uses which support an urban environment such as manufacturing, warehousing, and transportation hubs. Development within these areas is intensive and is connected to significant transportation corridors. In order to protect the economic base and necessary services represented by industrial uses, uses which would be detrimentally
impacted by industrial activities are discouraged. Although use in these areas is intensive, these
areas are part of the larger community and shall meet basic standards for landscaping and other site design issues and be integrated with the larger community. In some circumstances, uses other than those typically considered industrial have been historically present in areas which were given an industrial designation in this growth policy. Careful consideration must be given to public
policies to allow these mixed uses to coexist in harmony.
Residential. This category designates places where the primary activity is urban density dwellings. Other uses which complement residences are also acceptable such as parks, low intensity home based occupations, fire stations, churches, and schools. High density residential areas should be
established in close proximity to commercial centers to facilitate the provision of services and
employment opportunities to persons without requiring the use of an automobile. Implementation of this category by residential zoning should provide for and coordinate intensive residential uses in proximity to commercial centers. The residential designation indicates that it is expected that development will occur within municipal boundaries, which may require annexation prior to
development.
The dwelling unit density expected within this classification varies between 6 and 32 dwellings per net acre. A higher density may be considered in some locations and circumstances. A variety of housing types can be blended to achieve the desired density. Large areas of single type housing
are discouraged. In limited instances the strong presence of constraints and natural features such
as floodplains may cause an area to be designated for development at a lower density than normally expected within this category. All residential housing should be arranged with consideration of compatibility with adjacent development, natural constraints such as watercourses or steep slopes, and in a fashion which advances the overall goals of the Bozeman growth policy. The residential
designation is intended to provide the primary locations for additional housing within the planning
area. Public Institutions. A variety of activities are undertaken in this land use classification. Schools are a dominant use including Montana State University. Other typical uses are libraries, fire
stations, and publicly operated utilities. A significant portion of Bozeman’s employment occurs
within this category. Parks, Open Space, and Recreational Lands. All publicly owned recreational lands, including parks, are included within this category, as well as certain private lands. These areas are generally
open in character and may or may not be developed for active recreational purposes. This category
includes conservation easements which may not be open for public use.
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Figure 3.1:
Future Land Use Map Section
Future Land Use Designations of the area included in the Bozeman Midtown Urban Renewal District to help achieve the Bozeman Community Plan’s goals and objectives.
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The Bozeman Community Plan designates the core area along the North 7th Avenue Corridor as Regional Commercial and Services, Community Commercial Mixed Use, and Industrial.
The majority of the adjacent neighborhoods have a future land use designation of Residential,
with a couple of small areas designated Parks, Open Space and Recreational Lands and Public Institutions.
Regional Commercial and Services will be implemented by B-2 or UMU zoning districts.
Community Commercial Mixed Use will be implemented by the B-1, B-2 or UMU zoning
districts.
Industrial land uses can be implemented by any one of the five industrial type zoning districts.
Residential will be implemented by multiple zoning districts.
Parks, Open Space and Recreational Lands are functions which can occur in any zoning district.
Public Institutions can be implemented by the PLI zoning district, but is a function that can
occur in any zoning district. Evaluation of the Bozeman Midtown Urban Renewal District Plan for Conformance with the Future Land Use Designations.
The Bozeman Midtown Urban Renewal District Plan provides a plan for redevelopment of the
existing commercially designated area to retain existing and attract new economic development.
The Bozeman Midtown Urban Renewal District Plan does not suggest any revision to the existing future land use designations.
Review of the zoning of the area included in the Bozeman Midtown Urban Renewal District for accordance with the Bozeman Unified Development Code The City adopted its first zoning ordinance in 1941. The current zoning ordinance, the Unified Development Code of the City of Bozeman, Chapter 38 of the Bozeman Municipal Code was
originally adopted in 2005, with the most recent extensive amendment by Ordinance Number 1769
effective on December 28, 2009. The zoning of the area included in the Bozeman Midtown Urban Renewal District must be found to be in conformance with the Bozeman Community Plan. On October 20th, 2015 the City Planning Board reviewed the zoning of the area included in the Bozeman Midtown Urban Renewal District as follows in this section and found the zoning to be
in conformance with the growth policy.
In order to demonstrate that the area is zoned for uses implementing the growth policy, the following selections from the Bozeman Unified Development Code have been provided to demonstrate accordance of zoning within the area of the Bozeman Midtown Urban Renewal
District to the Bozeman Community Plan.
ARTICLE 1. - IN GENERAL Sec. 38.01.040. - Intent and purpose of chapter. A. The intent of this unified development chapter is to protect the public health, safety and general
welfare; to recognize and balance the various rights and responsibilities relating to land
ownership, use, and development identified in the United States and State of Montana
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constitutions, and statutory and common law; to implement the city's adopted growth policy; and to meet the requirements of state law.
B. It is the purpose of these regulations to promote the public health, safety and general welfare
by: preventing the creation of private or public nuisances caused by noncompliance with the standards and procedures of this chapter; regulating the subdivision, development and use of land; preventing the overcrowding of land; lessening congestion in the streets and highways; providing adequate light, air, water supply, sewage disposal, parks and recreation areas, ingress
and egress, and other public improvements; requiring development in harmony with the natural
environment; promoting preservation of open space; promoting development approaches that minimize costs to local citizens and that promote the effective and efficient provision of public services; protecting the rights of property owners; requiring uniform monumentation of land subdivisions and transferring interests in real property by reference to a plat or certificate of
survey (MCA 76-3-102).
C. It is further the purpose of these regulations to: be in accord with the growth policy; securing safety from fire, panic, and other dangers; promoting public health, public safety, and the general welfare; facilitating the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; having given consideration to ensuring the reasonable
provision of adequate light and air, motorized and nonmotorized transportation systems,
promoting of compatible urban growth, considering the character of the district and its peculiar suitability for particular uses, conserving the value of buildings, and encouraging the most appropriate use of land throughout the jurisdictional area (MCA 76-2-304). D. Further, to support the purposes of MCA 76-2-304 and 76-3-102, these regulations are intended
to promote and to provide for the:
1. Orderly development of the city; 2. Coordination of streets within subdivided land with other streets and roads, both existing and planned; 3. Dedication of land for streets and roadways and for public utility easements;
4. Improvement of streets;
5. Adequate open spaces for travel, light, air and recreation; 6. Adequate transportation, water, drainage and sanitary facilities; 7. Minimization of unnecessary congestion; 8. Avoidance of unnecessary environmental degradation;
9. Encouragement of subdivision development in harmony with the natural environment;
10. Avoidance of danger or injury to health, safety or general welfare by reason of natural hazard or the lack of water, sewer, drainage, access, transportation or other public services; 11. Avoidance of excessive expenditure of public funds for the provision of public services; 12. Manner and form of making and filing of plats for subdivided lands;
13. Administration of these regulations, by defining the powers and the duties of approving
authorities, including procedures for the review and approval of all subdivision plats; 14. Division of the city into districts with uniformly applicable standards for development within each district; 15. To establish standards for the development and use of land;
16. To establish procedures for the review and approval for the development and use of land;
and 17. The establishment of all other requirements necessary to meet the purposes of this chapter.
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E. Pursuant to MCA 76-2-304, 76-1-605 and 76-1-606, these regulations are also intended to implement the goals and objectives of the city's adopted growth policy. In the case of a
difference of meaning or implication between this chapter and the city's adopted growth policy,
the growth policy shall control. ARTICLE 7. - ZONING DISTRICTS AND ZONING MAP Sec. 38.07.010. - Use districts designated, zoning map adopted.
A. The city is divided into zones, or districts, as shown on the official zoning map which, together
with all explanatory matter thereon, is adopted by this reference and declared to be a part of this chapter. B. For the purpose of this chapter, the city is divided and classified into the following use districts:
R-S Residential Suburban District
R-1 Residential Single-Household Low Density District
R-2 Residential Two-Household Medium Density District
R-3 Residential Medium Density District
R-4 Residential High Density District
R-O Residential-Office District
RMH Residential Manufactured Home Community District
B-1 Neighborhood Business District
B-2 Community Business District
B-3 Central Business District
UMU Urban Mixed-Use District
M-1 Light Manufacturing District
M-2 Manufacturing and Industrial District
B-P Business Park District
PLI Public Lands and Institutions District
NEHMU Northeast Historic Mixed-Use District
NC Neighborhood Conservation Overlay District
EO Entryway Corridor Overlay District
CO Casino Overlay District
REMU Residential Emphasis Mixed-use District
The majority of the land within the area of the Bozeman Midtown Urban Renewal District is zoned “B-2 Community Business District”, with adjacent land north of I-90 zoned “M-1 Light Manufacturing”, and the adjacent land south of I-90 classified for residential uses with districts
including “R-3 Residential Medium Density”, “R-4 Residential High Density”, and “R-O Residential-Office”. The intent and purpose of each of these zoning districts is described below. ARTICLE 10. - COMMERCIAL ZONING DISTRICTS Sec. 38.10.010. - Intent and purpose.
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A. The intent and purposes of the commercial zoning districts are to establish areas within the city that are primarily commercial in character and to set forth certain minimum standards for
development within those areas. The purpose in having more than one commercial district is
to provide opportunities for a variety of employment and community service opportunities within the community, while providing predictability. There is a rebuttable presumption that the uses set forth for each district will be compatible with each other both within the individual districts and to adjoining zoning districts when the standards of this chapter are met and any
applicable conditions of approval have been satisfied. Additional requirements for
development apply within overlay districts. 2. The intent of the B-2 community business district is to provide for a broad range of mutually supportive retail and service functions located in clustered areas bordered on one or more sides by limited access arterial streets.
ARTICLE 12. - INDUSTRIAL ZONING DISTRICTS Sec. 38.12.010. - Intent and purpose. A. The intent and purpose of the industrial zoning districts is to establish areas within the city that are primarily industrial in character and to set forth certain minimum standards for
development within those areas. The purpose in having more than one industrial district is to
provide opportunities for a variety of employment and community service functions within the community while providing predictability. There is a rebuttable presumption that the uses set forth for each district will be compatible with each other when the standards of this chapter are met and any applicable conditions of approval have been satisfied. Additional requirements
for development apply within overlay districts.
1. The intent of the M-1 light manufacturing district is to provide for the community's needs for wholesale trade, storage and warehousing, trucking and transportation terminals, light manufacturing and similar activities. The district should be oriented to major transportation facilities yet arranged to minimize adverse effects on residential development, therefore,
some type of screening may be necessary.
ARTICLE 8. - RESIDENTIAL ZONING DISTRICTS Sec. 38.08.010. - Intent and purpose. A. The intent and purpose of the residential zoning districts is to establish areas within the city
that are primarily residential in character and to set forth certain minimum standards for
development within those areas. The purpose in having more than one residential district is to provide opportunities for a variety of housing types and arrangements within the community while providing a basic level of predictability. There is a rebuttable presumption that the uses set forth for each district will be compatible with each other when the standards of this chapter
are met and any applicable conditions of approval have been satisfied. Additional requirements
for development apply within overlay districts. All development is subject to section 38.01.050. Residential density is correlated with many community goals and objectives that are contained in the city's adopted growth policy, as well as many standards and purposes of this chapter. Section 38.08.090 sets standards for minimum densities in residential districts which will
advance these goals, objectives, and purposes.
4. The intent of the R-3 residential medium density district is to provide for the development of one- to five-household residential structures near service facilities within the city. It
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should provide for a variety of housing types to serve the varied needs of households of different size, age and character, while reducing the adverse effect of nonresidential uses.
5. The intent of the R-4 residential high density district is to provide for high-density
residential development through a variety of housing types within the city with associated service functions. This will provide for a variety of compatible housing types to serve the varying needs of the community's residents. Although some office use is permitted, it shall remain as a secondary use to residential development. Secondary status shall be as
measured by percentage of total building area.
6. The intent of the R-O residential-office district is to provide for and encourage the development of multihousehold and apartment development and compatible professional offices and businesses that would blend well with adjacent land uses. The primary use of a lot, as measured by building area, permitted in the R-O district is determined by the
underlying growth policy land use designation. Where the district lies over a residential
growth policy designation the primary use shall be non-office uses; where the district lies over a nonresidential designation the primary use shall be office and other nonresidential uses. Primary use shall be measured by percentage of building floor area.
In addition to the zoning districts described above, portions of the Midtown area of Bozeman are
also covered by “Bozeman Entryway Corridor Overlay District” and the “Neighborhood Conservation Overlay District”, and a couple of lots at the southeast edge are located within the Cooper Park Historic District.
ARTICLE 17. - BOZEMAN ENTRYWAY CORRIDOR OVERLAY DISTRICT
Sec. 38.17.020. - Intent and purpose. A. There are several arterial corridors entering the city that introduce visitors and residents alike to the city. The visual attributes of these roadways provide a lasting impression of the character of the city. It is the intent and purpose of this article to ensure that the quality of development
along these corridors will enhance the impression and enjoyment of the community by guiding
development and change, and by stimulating and assisting, in conjunction with other provisions of this chapter, improvements in signage, landscaping, access and other contributing elements of entry corridor appearance and function. B. It is the intent of this article to establish design criteria, standards and review procedures that
will allow the city and its advisory boards and agencies to review and direct, in a fair and
equitable manner, the development and redevelopment of future and existing properties and facilities within the entry corridors. The recommendations of the design review board or administrative design review staff shall be given careful consideration in the final action of the review authority.
Sec. 38.17.030. - Application of entryway corridor provisions.
A. Entryway corridors shall be designated on the city's official zoning map. The provisions of this article shall be applied in addition to any other applicable regulations of this chapter. Specifically, these provisions shall be applied to all developments within such corridors as follows:
1. Class I. All development wholly or partially within 660 feet of the centerline of the
following roadways: a. Interstate 90, within or adjacent to the city boundaries, measured from the centerline of the outside lanes of the opposing roadways and from the centerline of the access ramps;
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b. Interstate 90 frontage roads, within the city boundaries, whether or not they are designated frontage roads;
c. U.S. 10, from the Interstate 90/North Seventh Avenue interchange west to the city
boundaries; d. U.S. 191, west from Ferguson Road to the city boundaries; e. Nineteenth Avenue, north from Durston Road to the North 19th Avenue/Interstate 90 interchange, exclusive of the east side between Durston Road and the south boundary
of Covered Wagon Mobile Home Park; and
f. Oak Street, west from North Seventh Avenue to North Nineteenth Avenue. 2. Class II. All development wholly or partially within the lesser of one city block or 330 feet of the centerline of the following roadways, with the exception of residentially zoned lots (no exception for R-O district) that have no frontage upon said roadways:
a. Seventh Avenue, south from the Interstate 90 interchange to Main Street;
b. Nineteenth Avenue, south from Durston Road to the city boundary, and the east side of Nineteenth Avenue, between the south boundary of Covered Wagon Mobile Home Park and Durston Road; c. Main Street, east from Broadway to Interstate 90;
d. Main Street, west from Seventh Avenue to Ferguson Road;
e. Rouse Avenue and State Primary 86 (Bridger Canyon Road) from Tamarack north and cast to the city boundary; f. Oak Street, west from Nineteenth Avenue to the east edge of Rose Park; and g. Oak Street, east from Seventh Avenue to Rouse Avenue.
ARTICLE 16. - NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT Sec. 38.16.010. - Intent and purpose. A. All new construction, alterations to existing structures, movement of structures into or out of the neighborhood conservation overlay district, hereinafter referred to as the conservation
district, or demolition of structures by any means or process will be subject to design review
unless specifically exempted. The recommendations of the design review board or administrative design review staff shall be given careful consideration in the final action of the review authority. B. This article defines and sets forth standards which apply to the conservation district.
C. The intent and purpose of the conservation district designation is to stimulate the restoration
and rehabilitation of structures, and all other elements contributing to the character and fabric of established residential neighborhoods and commercial or industrial areas. New construction will be invited and encouraged provided primary emphasis is given to the preservation of existing buildings and further provided the design of such new space enhances and contributes
to the aesthetic character and function of the property and the surrounding neighborhood or
area. Contemporary design will be encouraged, provided it is in keeping with the above-stated criteria, as an acknowledged fact of the continuing developmental pattern of a dynamic, changing community. The neighboring community shall be provided notice and opportunity to comment upon the proposed property improvements in accordance with article 40 of this
chapter. In addition, aggrieved persons shall have the right to appeal any design review
decision made under the provisions of this article, in accordance with article 35 of this chapter. D. In view of the fact that most of the area included within the boundaries of the conservation district was developed and built out prior to the adoption of zoning and contemporary
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subdivision regulations, the construction, development pattern and range of uses is highly diverse and may not be in compliance with conventional regulatory requirements. This article
recognizes that this diversity is a major contributing element of the historic character of these
neighborhoods or areas. The provisions of this article shall be applied in a manner that will encourage the protection and enhancement of the many diverse features for future generations. E. The conservation district boundary is largely coterminous with the area surveyed in the effort that led to the listing of nine historic districts and 40 additional landmark structures in the
National Register of Historic Places, and includes the nine designated historic districts and 40
individual landmarks. This article sets forth the means of protecting and enhancing the conservation district. F. It is further the purpose of the conservation district designation to protect and enhance neighborhoods or areas of significant land planning or architectural character, historic
landmarks or other built or natural features for the educational, cultural, economic benefit or
enjoyment of citizens of the city. It will be the policy and responsibility of the administrative entities of this article to: 1. Protect, preserve, enhance and regulate structures, archaeological or cultural sites, and areas that:
a. Are reminders of past eras, events or persons important in local, state or national
history; b. Provide significant examples of land planning or architectural styles, or are landmarks in the history of land planning and architecture; c. Are unique or irreplaceable assets to the city and its neighborhoods;
d. Provide examples of physical surroundings in which past generations lived; or
e. Represent and express the unique characteristics of small agricultural-based, western city developmental patterns; 2. Enhance property values through the stabilization of neighborhoods and areas of the city, increase economic and financial benefits to the city and its inhabitants, and promote tourist
trade and interests;
3. Develop and maintain the appropriate environment for buildings, structures, sites and areas, that reflect varied planning and architectural styles and distinguished phases of the city's history and prehistory; 4. Stimulate an enhancement of human life by developing educational and cultural
dimensions, which foster the knowledge of the city's heritage, and cultivate civic pride in
the accomplishments of the past; 5. Seek to maintain and enhance the many private and public elements that are unique to the fabric, theme and character of each neighborhood and area, including, but not limited to, lighting, pathways, street trees, natural areas and other features that may, from time to time,
be identified by the citizens and property owners of neighborhoods, areas and subsections
thereof; and 6. Provide the neighboring community with notice and opportunity to comment upon the proposed property improvements in accordance with article 40 of this chapter, with the exception of certain sketch plan applications with potentially little neighborhood impact,
and to further provide aggrieved persons with the right to appeal review decisions made
under the provisions of this article, in accordance with article 35 of this chapter.
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Sections of the City of Bozeman Zoning Map which encompasses the area of the Bozeman Midtown Urban Renewal District are shown below.
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City of Bozeman Zoning Map Section
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Conservation Overlay and Historic Districts
Zoning to help implement the Bozeman Community Plan.
• A purpose of the Bozeman Unified Development Code is to implement the goals and objectives of the Bozeman Community Plan; the city’s adopted growth policy.
• The majority of the land within the core area of the Bozeman Midtown Urban Renewal District
is zoned “B-2 Community Business District” to provide for a broad range of mutually
supportive retail and service functions.
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• The land adjacent to the commercial core and south of I-90 within the area of the Bozeman
Midtown Urban Renewal District is zoned for a variety of residential uses and densities, with
zoning districts including “R-3 Residential Medium Density”, “R-4 Residential High Density”, and “R-O Residential-Office”.
• The land adjacent to the commercial core and north of I-90 is zoned “M-1 Light Manufacturing”.
Evaluation of the Bozeman Midtown Urban Renewal District Plan for Accordance of Zoning with Bozeman Community Plan.
• The Bozeman Midtown Urban Renewal District Plan supports the purposes of the Bozeman
Unified Development Code.
• The Bozeman Midtown Urban Renewal District Plan supports “retail and service use” as described by the Bozeman Unified Development Code.
• The Bozeman Midtown Urban Renewal District Plan provides a plan for redevelopment of the
existing commercially designated area to eliminate blight, and retain existing and attract new
economic development.
• The Bozeman Midtown Urban Renewal District Plan does not suggest any revision to the existing zoning classifications.
Conclusions 1. The Bozeman Midtown Urban Renewal District Plan has been evaluated against the relevant goals and objectives of the Bozeman Community Plan, and the Bozeman Midtown Urban Renewal District Plan is in conformance with the Bozeman Community Plan.
2. The zoning in the area of the Bozeman Midtown Urban Renewal District has been evaluated
against the Bozeman Community Plan, and the zoning in the area of the Bozeman Midtown Urban Renewal District is in accordance with the Bozeman Community Plan.
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Memorandum
REPORT TO:City Commission
FROM:David Fine, Economic Development Manager
Brit Fontenot, Economic Development Director
Jeff Mihelich, City Manager
SUBJECT:Ordinance 2146, Provisional Adoption Amending an Urban Renewal Plan for
Portions of Northeast Bozeman
MEETING DATE:July 18, 2023
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION:Having considered the presentation from staff, the recommendation from
the Community Development Board acting as a Planning Board, public
comment, and all other information presented, I move to approve Ordinance
2146.
STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a
mechanism to encourage economic development.
BACKGROUND:In fall 2021, the City Commission held a work session regarding consolidating
and eliminating citizen advisory boards to provide “consistency,
predictability and stability”. During that work session, the City Commission
provided direction to staff to eliminate the advisory boards for all the urban
renewal districts except the Downtown Urban Renewal District. The
Ordinances the City Commission is considering reflect that direction to staff.
Eliminating the advisory board for the Northeast Urban Renewal District
requires amendment of the Northeast Urban Renewal Plan. The Northeast
Urban Renewal Plan includes references to a board. Urban renewal plans
must be adopted and amended by Ordinance following a noticed public
hearing. State Law also requires that the Planning Board hold a hearing on
the conformity of proposed urban renewal plan with the growth policy. The
Community Development Board, acting as the Planning Board, adopted
staff’s findings and conclusion that the proposed urban renewal plan was in
conformance with City’s adopted growth policy, the Bozeman Community
Plan 2020.
The proposed amended Northeast Urban Renewal Plan makes changes to
the Plan related to boards and administration of the district but does not
alter the goals or other parts of the Plan.
Please follow the link to a redlined version of the Northeast Urban Renewal
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Plan, as amended. A clean copy of the amended plan is included in the
packet materials.
Following any provisional adoption of Ordinance 2146, staff intends to
return to the City Commission with a Resolution assigning the urban renewal
powers of the City, for this District, to the Director of Economic
Development. Work plans and budgets for the districts would continue to be
prepared by economic development staff and presented to the City
Commission during the regular budget process. The City Commission will
continue to approve contracts and urban renewal projects consistent with
current practices.
UNRESOLVED ISSUES:None at this time.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:Adoption of this Ordinance does not have any fiscal effects.
Attachments:
NURD_BCP_Conformance_Staff_Memo__062223.docx
230711 NURB Plan Ord_final.pdf
NE District Plan NURB FINAL.pdf
Report compiled on: July 7, 2023
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To:Community Development Board (acting as the Planning Commission)
From:David Fine, Economic Development Manager
Brit Fontenot, Economic Development Director
Meeting Date:June 27, 2023
Subject:Northeast Urban Renewal Plan Amendment and Conformity with the
Growth Policy (Bozeman Community Plan 2020)
Overview
On May 25, 2021, the Bozeman City Commission authorized City Staff to begin work to
consolidate nearly 40 citizen advisory boards into five "strategic boards". The staff memo noted
at that time it would be infeasible to consolidate the Northeast Urban Renewal Board into any
of the five strategic boards. Staff recommended amending the district’s urban renewal plan to
designate the City Commission to serve as the Northeast Urban Renewal Board.
The Northeast Urban Renewal Board was formed at the inception of the District and as such, a
board structure was written into the urban renewal district plan. The board has been
responsible for reviewing projects, workplans, and budgets and providing recommendations to
the City Commission. Despite no changes to the purpose, goals or proposed actions of the
Northeast Urban Renewal Plan, for the City Commission to take on the functions of the board,
the Plan must be amended.
An amendment of the Northeast Urban Renewal Plan requires that it be found to be in
conformance with the City of Bozeman’s current growth policy, the Bozeman Community Plan
2020. Below is a summary demonstrating how the goals of the Northeast Urban Renewal Plan
conform with the themes and goals established in the Bozeman Community Plan 2020.
Staff Conclusion
After a thorough review and analysis of the themes and goals of the Bozeman Community Plan
(BCP) and the goals of Northeast Urban Renewal Plan (URP), staff concludes that the Northeast
URP is in conformance with the BCP.
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Staff Findings
Below is a detailed comparison of the URP goals and the BCP themes and goals demonstrating
conformance.
URPPRINCIPLE 1–ENSURE THE HEALTH,SAFETY,AND SECURITY OF THE DISTRICT
URP Principle 1 Intent: “Unsurfaced streets, inadequate storm water drainage, outdated water and
sewer utilities, and inadequate street lighting negatively impact the health, safety, and security of the
District. Improving the infrastructure of the area will also prepare the District for the future.”
Goal A: “Outdated or insufficient infrastructure should be repaired, replaced, or otherwise
improved.”
UPR Principle 1: Goal A and the goal’s specific actions are in conformance with BCP Theme 3: A
City Bolstered by Downtown and Complementary Districts, Goal DCD-1.
BCP Goal DCD-1: “Support urban development within the City.”
Goal B: “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.”
URP Principle 1: Goal B and the goal’s specific actions are in conformance with BCP Theme 5: A
City That Prioritizes Accessibility and Mobility Choices, Goals M-1 and M-2.
BCP Goal M-1: “Ensure multimodal accessibility.”
BCP Goal M-2: “Ensure multimodal safety.”
Goal C: “Provide public utilities to the area efficiently in ways that are not visually or
physically obtrusive.”
URP Principle 1: Goal C is in conformance with BCP Theme 3: A City Bolstered by Downtown and
Complementary Districts, Goal DCD-1.
BCP Goal DCD-1: “Support urban development within the City.”
URPPRINCIPLE 2–BALANCE COMMERCE AND LIVABILITY IN THE DISTRICT WITHIN THE MIXED-USE FRAMEWORK.
URP Principle 2 Intent: “The clear intent of this District is to support a mix and variety of nonresidential
and residential uses. Nothing in this Plan shall be interpreted to be discouraging or prejudicial to any
allowable uses.”
Goal A: “Harmonize commercial and industrial development with residential quality of life.”
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URP Principle 2: Goal A and the goal’s specific actions are in conformance with BCP Theme 2: A
City of Unique Neighborhoods, Goals N-2 and N-3.
BCP Goal N-2:“Pursue simultaneous emergence of commercial nodes and residential
development through diverse mechanisms in appropriate locations.”
BCP Goal N-3: “Promote a diverse supply of quality housing units.”
URPPRINCIPLE 3–HONOR THE UNIQUE CHARACTER AND VITALITY OF THE DISTRICT.
URP Principle 3 Intent: “The unique character of this neighborhood is built on its history, proximity to the
railroad, mixed rural and urban development, mixed residential and commercial uses, and its proximity
to downtown. These qualities should be supported.”
Goal A: “New structures should be designed and built keeping in mind 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.”
URP Principle 3: Goal A and the goal’s specific actions are in conformance with BCP Theme 2: A
City of Unique Neighborhoods, Goal N-4.
BCP Goal N-4: “Continue to encourage Bozeman’s sense of place.”
Goal B: “Promote sustainable building practice and design within the District.”
URP Principle 3: Goal B and the goal’s specific actions are in conformance with BCP Theme 1: A
Resilient, Goal R-2.
URP Principle 3: Goal B is also in conformance with BCP Theme 4: A City Influenced by our
Natural Environment, Parks, and Open Lands, Goals EPO-2 and EPO-3.
BCP Goal R-2: “Pursue community decisions in a manner that supports resilience.”
BCP Goal EPO-2: “Work to ensure that development is responsive to natural features.”
BCP Goal EPO-3: “Address climate change in the City’s plans and operations.”
URPPRINCIPLE 4–PUBLIC OPEN SPACE IS ESSENTIAL TO A HEALTHY AND APPEALING URBAN ENVIRONMENT.
URP Principle 4 Intent: “Developing and procuring parks and public open space, as well as improving and
making accessible the existing trails such as The Depot Park Trail and Bozeman Creek Trail, will enhance
and improve the District.”
Goal A: “Procure new land for parks and public open space.”
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URP Principle 4: Goal A and the goal’s specific actions are in conformance with BCP Theme 4: A
City Influenced by our Natural Environment, Parks, and Open Lands, Goal EPO-1.
BCP Goal EPO-1: “Prioritize strategic acquisition of parks to provide a variety of
recreational opportunities throughout the City.”
Goal B: “Improve landscaping in existing public spaces.”
URP Principle 4: Goal B and the goal’s specific actions are in conformance with BCP Theme 4: A
City Influenced by our Natural Environment, Parks, and Open Lands, Goal EPO-3.
BCP Goal EPO-1: “Address climate change in the City’s plans and operations.”
URPPRINCIPLE 5–THE COSTS OF PROJECTS AND PROGRAMS SHALL BE WEIGHED AGAINST THEIR BENEFITS TO THE
DISTRICT.
URP Principle 5 Intent: “This principle is self-explanatory as long as Benefit is understood to mean the
promotion of the Principles and that Benefits may not be financial in nature.”
URP Principle 5 neither conforms nor conflicts with the themes and goals of the BCP.
URPPRINCIPLE 6–PRIVATE PROPERTY SHALL NOT BE ACQUIRED FOR OTHER PRIVATE USE THROUGH THE EMINENT
DOMAIN PROCESS IN THE IMPLEMENTATION OF ANY ASPECT OF THIS PLAN.
Goal A: “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.”
URP Principle 6: Goal A neither conforms nor conflicts with the themes and goals of the BCP.
URPPRINCIPLE 7–THE CITY SHALL NOT LIMIT ITS VISION FOR THE DISTRICT IMPROVEMENTS TO MONIES
AVAILABLE SOLELY THROUGH THE TIF FUNDING.
Goal A: “Encourage the City to help ensure the success of the NE Urban Renewal Plan by
giving a high priority to the NE District in its capital improvements plan.
UPR Principle 7: Goal A and the goal’s specific actions are in conformance with BCP Theme 6: A
City Powered by its Creative, Innovative, and Entrepreneurial Economy, Goal EE-1.
URP Principle 7: Goal A is also in conformance with BCP Theme 3: A City Bolstered by
Downtown and Complementary Districts, Goals DCD-1.
BCP Goal EE-1:“Promote the continued development of Bozeman as an innovative and
thriving economic center.”
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BCP Goal DCD-1:“Support urban development within the City.”
URPPRINCIPLE 8–PROJECTS SHALL CONSIDER IMPACTS ON ADJACENT NEIGHBORHOODS.
Goal A: “Work with neighborhoods and businesses to ensure actions taken in the District are
compatible with adjacent developed areas.”
URP Principle 8: Goal A and the goal’s specific actions are in conformance with BCP Theme 3: A
City Bolstered by Downtown and Complementary Districts, Goal DCD-2.
BCP 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.”
URPPRINCIPLE 9–THE CITY SHALL CONSIDER THE IMPACT ON THE DISTRICT OF ALL PROJECTS UNDERTAKEN
OUTSIDE OF THE DISTRICT.
Goal A: “Work with the City to ensure actions taken outside of the District are
compatible with projects inside of the District.”
URP Principle 9: Goal A and the goal’s specific actions are in conformance with BCP Theme 3: A
City Bolstered by Downtown and Complementary Districts, Goal DCD-2.
BCP 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.”
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Ord 2146
Page 1 of 4
ORDINANCE 2146
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA ADOPTING AN AMENDED NORTHEAST URBAN RENEWAL DISTRICT
PLAN RELATED TO THE ADMINSTRATION OF THE DISTRICT AND ASSIGNING
TO THE CITY THE AUTHORITY TO EXERCISE URBAN RENEWAL POWERS.
WHEREAS, on August 15, 2005, the Bozeman City Commission adopted Resolution No.
3835, declaring that blighted areas exist within the municipality and that the rehabilitation,
redevelopment, or a combination thereof, of such areas is necessary in the interest of the public
health, safety, morals, or welfare of the residents of such municipality; and
WHEREAS, on November 28, 2005 the City Commission passed, adopted, and finally
approved Ordinance 1655, which adopted an urban renewal plan for portions of Northeast
Bozeman, including the historic mixed use district;
WHEREAS, the Northeast Urban Renewal Plan established an advisory board for the
Northeast Urban Renewal District; and
WHEREAS, as set forth in Bozeman’s Strategic Plan 1.2, consolidating the city’s Citizen
Advisory Boards includes the consolidation of the city’s urban renewal boards;
WHEREAS, eliminating the Northeast Urban Renewal District and assigning urban
renewal powers to the City requires an amendment of the administration of the district by
amending the Northeast Urban Renewal Plan;
WHEREAS, as required by Mont. Code Ann. §§ 7-15-4214 and 4215 (2021), notice of
the public hearing on the amendment of the Northeast Urban Renewal Plan was published on June
17 and 24, 2023 and such notice conformed to all necessary statutory requirements; and
WHEREAS, as required by Mont. Code Ann. § 7-15-4213, on June 26, 2023 the City’s
Community Development – Planning Board found that the proposed, amended Northeast Urban
Renewal Plan conformed with the Bozeman 2020 Community Plan and its stated, adopted growth
policy for Bozeman; and
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Ordinance No. 2146, (Adopting an Amended Northeast Urban Renewal Plan)
Page 2 of 4
WHEREAS, on July 18, 2023 the Bozeman City Commission held a public hearing to
consider the proposed, amended Northeast Urban Renewal District Plan.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
The amended plan for the Northeast Urban Renewal District, attached here as Exhibit A, is hereby
adopted.
Section 2
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Section 3
Savings Provision.
This Ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 4
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 5
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Ordinance No. 2146, (Adopting an Amended Northeast Urban Renewal Plan)
Page 3 of 4
Codification.
This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a
disposition list in numerical order with all other ordinances of the City.
Section 6
Effective Date.
This Ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the _____ day of ________________, 20__.
____________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of
____________________, 20__. The effective date of this ordinance is __________, __, 20__.
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
MIKE MAAS
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Ordinance No. 2146, (Adopting an Amended Northeast Urban Renewal Plan)
Page 4 of 4
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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Northeast Urban Renewal District
Plan
N . U . R . D
318
2
CITY OF BOZEMAN NORTHEAST BOZEMAN URBAN RENEWAL PLAN Amended by the Bozeman City Commission, July 2023
2005 Plan Prepared by:
The Northeast Bozeman Urban Renewal Study Committee
Michael Barrett Ron Brey (City of Bozeman Staff) Peter Bronken Jim Browning Brian Caldwell Bobbi Clem
Jack Davis Jon Gerster
Terry Giovanini Todd Hoitsma
Marcia Kaveney Erik Nelson Tracy Oulman (City of Bozeman Staff) Robert Pavlic Jeanne Wesley-Wiese Steve Kirchhoff and Marcia Youngman (City
Commission Liaisons)
Prepared for:
The Bozeman City Commission
Andrew Cetraro, Mayor Lee Hietala
Steve Kirchhoff Jeff Krauss
Marcia Youngman
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NORTH EAST URBAN RENEWAL DISTRICT PLAN
CONTENTS HISTORICAL CONTEXT PG 4 INTRODUCTION PG 4
MISSION/ VISION STATEMENT PG 5 GUIDING PRINCIPLES, GOALS AND IMPLEMENTATION ACTIONS PG 5
EXECUTING THE PLAN PG 10 FINANCE PG 14
DISTRICT MAP FIG. 1
RESOLUTION 3835 APPENDIX 1 GENERAL DESCRIPTION APPENDIX 2
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NORTH EAST URBAN RENEWAL DISTRICT PLAN
HISTORICAL CONTEXT
In the 1880s, Bozeman’s economic fortunes blossomed with the arrival of the
Northern Pacific Railway, which established a depot at the northeast end of the young city and connected it with distant markets. The town’s early entrepreneurs established flour mills, residences, freight storage, and a brewery on new streets named for trees, mostly the fruit-bearing variety, but Montana species as well.
Perhaps these names came in deference to the timber products and fruit that
passed through, but much of this freight and food processing activity has receded into history. In the 120 years since this place grew into a rail-centered enterprise zone,
Bozeman’s economic center of gravity moved elsewhere, leaving the
neighborhood short on paved streets, sidewalks, street lighting, parks, and sound infrastructure, with scattered evidence of bygone industrial activity remaining: rail track and ties, cable spools, grain storage bins, and upright fuel tanks. INTRODUCTION
This Urban Renewal Plan was prepared by a 13-member committee composed of a range of businesses and residents from the District and the adjacent Northeast Neighborhood in response to the City Commission’s finding of blight on August 15, 2005 (Resolution #3835) (Appendix 1). The City Commission supported the
blight designation unanimously in order to create an Urban Renewal District
because it believed this would encourage infill within the city limits and that the Tax Increment Finance (TIF) District created by the designation would help finance such infill.
While acknowledging that change (development) is inevitable in the District, and
that the creation of an Urban Renewal District and its associated Tax Increment Financing would encourage economic vitality in the District, it should be noted that some Northeast Neighborhood citizens and several committee members perceived few of the problems cited in the blight report. Thus, considerable
efforts in the development of this plan were made to consider the many different
and sometimes conflicting interests of the committee members. The hope is that the end product – the Northeast Urban Renewal Plan - adequately balances the needs to remedy blight and encourage economic vitality and livability while also ensuring that future development preserves and enhances the eclectic character of
the District to the fullest extent possible.
A map of the District is found in Figure 1 and a general description of the area included in the District is contained in Appendix 2.
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MISSION/ VISION
This Plan is the city’s response to remedy the conditions of blight found in the
August, 2005 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.
GUIDING PRINCIPLES, GOALS & IMPLEMENTATION
ACTIONS
The principles and implementation actions which follow provide direction for using the Plan. All nine Principles are vital to achieving the vision for the District.
The Implementation Actions are not exclusive lists. Neither the Principles nor the Implementation Actions are arranged in order of importance.
1. Ensure the health, safety, and security of the District.
Unsurfaced streets, inadequate storm water drainage, outdated water and sewer utilities, and inadequate street lighting negatively impact the health, safety, and security of the District. Improving the infrastructure of the area will also prepare
the District for the future.
GOAL A: Outdated or insufficient infrastructure should be repaired, replaced, or otherwise improved.
IMPLEMENTATION ACTIONS:
• Improve streets and alleys
• Improve fire prevention.
• Repair or replace defective sections of water and sewer mains.
• Improve the appearance and adequacy of dark sky lighting.
• Provide for prompt snow removal.
• Improve sidewalks and trail network.
• Increase police patrols.
• Improve storm water systems and develop storm water management
techniques to protect Bozeman Creek.
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GOAL B: 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.
IMPLEMENTATION ACTIONS:
• Incorporate sidewalks, crosswalks, bike lanes and trails in the design
for construction or reconstruction of streets and roadways.
• Obtain property or easements for the continuation of the existing trail system.
• Encourage bicycle use by incorporating bicycle amenities in the
design of streets, bridges, and trails.
• Design sidewalks, walkways, trails, and streets for handicapped accessibility wherever possible.
• Provide traffic calming measures.
• Designate truck route GOAL C: Provide public utilities to the area efficiently in ways that are not visually or physically obtrusive.
IMPLEMENTATION ACTION:
• Encourage the conversion of communications networks and other utilities to underground or wireless facilities
2. Balance commerce and livability in the District within the mixed-use framework.
The clear intent of this District is to support a mix and variety of nonresidential
and residential uses. Nothing in this Plan shall be interpreted to be discouraging
or prejudicial to any allowable uses. GOAL: Harmonize commercial and industrial development with residential
quality of life.
IMPLEMENTATION ACTIONS:
• Assure compatibility of land uses through appropriate urban design
techniques.
• Consider alternative materials for streets and sidewalks.
• Promote environmental cleanup of brown field or hazardous substances by the responsible parties.
• Encourage commercial development that provides basic needs to the District.
• Encourage affordable housing
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3. Honor the unique character and vitality of the District.
The unique character of this neighborhood is built on its history, proximity to the
railroad, mixed rural and urban development, mixed residential and commercial
uses, and its proximity to downtown. These qualities should be supported. GOAL A: New structures should be designed and built keeping in mind 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.
IMPLEMENTATION ACTIONS:
• Where historic buildings and places exist, compatibility of design elements should also enter into the planning of new construction.
• Where historic structures are affected by public or private development, seek out the advice and assistance of local, state, or federal historic preservation professionals for opportunities to renovate existing historic structures.
• Respect the property rights of property owners.
• Encourage the growth of cultural activities. GOAL B: Promote sustainable building practice and design within the District.
IMPLEMENTATION ACTIONS:
• Support projects and designs that promote Dark Skies.
• Promote the use of indigenous plants and materials for landscaping
and design.
• Encourage the use of locally produced, renewable products.
• Promote environmentally sound development and construction
practices.
• Promote energy and resource-efficient systems within the District. 4. Public open space is essential to a healthy and appealing urban environment.
Developing and procuring parks and public open space, as well as improving and making accessible the existing trails such as The Depot Park Trail and Bozeman Creek Trail, will enhance and improve the District.
Goal A: Procure new land for parks and public open space. IMPLEMENTATION ACTIONS:
• Secure public open space(s) in location(s) that will optimize use
and accessibility
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• Ensure that all park planning provides for a broad range of both
residential and commercial needs.
• Provide a park plan that includes a children’s playground and connectivity to adjacent wetlands and open space.
• Eminent Domain shall not be used to procure new land for parks.
Goal B: Improve landscaping in existing public spaces. IMPLEMENTATION ACTIONS:
• Enhance boulevards and public right-of-way by planting and maintaining trees where appropriate.
• Weed control.
• Encourage property owners to maintain their property
5. The costs of projects and programs shall be weighed against their benefits to the District.
This principle is self-explanatory as long as Benefit is understood to mean the
promotion of the Principles and that Benefits may not be financial in nature. 6. Private property shall not be acquired for other private use through the
eminent domain process in the implementation of any aspect of this plan GOAL: 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.
IMPLEMENTATION ACTIONS:
• Include a specific prohibition of this practice in the implementation section of the Plan.
• Require that any amendment of the Plan occur under the same procedures as the Plan was adopted including the individual notice requirements for properties within the District.
7. The City shall not limit its vision for the District improvements to monies available solely through the TIF funding. GOAL: Encourage the City to help ensure the success of the NE Urban Renewal
Plan by giving a high priority to the NE District in its capital improvements plan.
IMPLEMENTATION ACTIONS:
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• Work with the City, County, and State to secure funds from all
available sources.
• Promote communication so that it is understood that the District will require assistance beyond the tax increment finance funding. 8. Projects shall consider impacts on adjacent neighborhoods. GOAL: Work with neighborhoods and businesses to ensure actions taken in the District are compatible with adjacent developed areas. IMPLEMENTATION ACTIONS:
• Keep communication open and seek public input from adjacent neighborhoods.
• Evaluate projects on their community-wide benefits and impacts.
• Create a process for the development and prioritization of neighborhood projects. 9. The city shall consider the impact on the District of all projects undertaken outside of the District.
GOAL: Work with the City to ensure actions taken outside of the District are compatible with projects inside of the District. IMPLEMENTATION ACTIONS:
• Evaluate and mitigate adverse impacts on the District occurring from projects outside of the District.
• Ensure that a proportionate share of infrastructure costs resulting
from projects inside of the District is shared by the projects outside of the Districts that utilize the infrastructure.
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EXECUTING THE PLAN INTRODUCTION Once adopted, this Plan becomes the official policy guide for public action regarding the Northeast Urban Renewal District. These policies can only be transformed into action through an effective implementation program. The
framework for implementation described herein depends on sound processes of administration, financing and evaluation. As the implementation of this Plan proceeds, new opportunities will arise and unforeseen problems will emerge. The Plan’s administration must be sufficiently flexible to respond effectively to changing circumstances without losing sight of long range goals.
ADMINISTRATION
The Northeast Bozeman Urban Renewal District Plan provides a framework for the rehabilitation and redevelopment of the Urban Renewal District. Upon its adoption, this Plan will serve as the official policy guide for public action. However, these policies can only be transformed to action through an effective implementation program. Key to implementation will be sound processes of
administration, financing and program evaluation. Under 7-15-4231 MCA, the exercise of powers related to urban renewal, a municipality may itself exercise its urban renewal project powers, or may, “if the local governing body by resolution determines such action to be in the public
interest, elect to have such powers exercised by the urban renewal agency created under 7-15-4232 MCA, or a department or other officers of the municipality as they are authorized to exercise under this part and part 43.” The City of Bozeman may establish an urban renewal agency under this provision
to direct the projects and programs outlined in the Urban Renewal Plan, as provided by statute. The City of Bozeman elects to exercise its urban renewal project powers directly, or to assign them to municipal departments, rather than establish a separate urban renewal agency. The City Commission may create an
urban renewal district board to serve in an advisory capacity to the Commission in
planning for, implementing and administering a program of rehabilitation and revitalization for the District. The board provides opportunities for stakeholders in the District, including property owners, business owners, and residents to participate in formulating urban renewal projects and programs.
The annual work program and budget, listing the activities and costs of the activities for the coming fiscal year, as well as the method of financing those activities are prepared by the Director of Economic Development, and reviewed and approved by the City Commission. This program and budget can be amended
during the course of the fiscal year in light of funding and program opportunities
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and changes. Urban renewal activities undertaken must be in accordance with Montana State statute.
ANNUAL WORK PROGRAM, BUDGET, AUDIT AND EVALUATION
The Director of Economic Development shall prepare an annual work program (AWP) and budget that will list the activities and costs of activities for the coming fiscal year, as well as the method of financing those activities. The NURB shall provide public notice as required by statute.This program and budget may be
amended during the course of the city’s fiscal year, in light of funding and
program changes. All budgets and revised budgets shall be reviewed and approved by the City Commission.
The Director of Economic Development shall provide an annual report to the City
Commission on programs and activities of the District. PLAN AMENDMENT The Plan may be amended by the same means as adopted in accordance with Montana law. No ordinance amending the Plan shall be adopted until after a
public hearing has been conducted thereon and notice of said hearing has been given in the official newspaper once a week for two consecutive weeks preceding the hearing. In addition, mailed notice shall be given to all persons owning property at the time and in the manner provided by MCA § 7-15-4215(1). All notices shall provide the information regarding the modification required by MCA
§ 7-15-4215(1). Nothing herein shall limit of affect the authority of the Commission to undertake and carry out renewal activities on a yearly basis as provided by MCA § 7-15-4220.
PROPERTY ACQUISITION
The NURB will assist and encourage public and private entities to eliminate
blight or blighting influences, and strengthen the City’s economy by developing property in the District. However, the power of eminent domain shall not be
used to acquire private property for private purposes or for parks.
ACTION BY THE CITY The City shall aid in carrying out this Plan, and shall take all actions necessary to
ensure the continued fulfillment of the purposes of this Plan and to prevent the
recurrence or spread in the area of conditions causing blight. Other action by the City may include, but not be limited to the following:
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1. Institution and completion of proceedings for opening, closing, vacating,
widening or changing the grades of streets, alleys and other public rights-of-way
and for other necessary modification of the streets, the street layout and other public rights-of-way in the Northeast Bozeman Improvement District areas. 2. Institution and completion of the proceedings necessary for changes and
improvements in publicly-owned utilities within or affecting the Northeast
Bozeman Improvement District areas. 3. Revision of Master Plan, Zoning requirements, development standards and regulatory practices if necessary to facilitate the execution or principles, policies
and implementation actions set forth by this Plan.
4. Performance of the above, and all other functions and services relating to public health, safety and physical development normally rendered in accordance with a schedule that will permit the redevelopment of the Northeast Bozeman
Improvement District area to be commenced and carried to completion without
unnecessary delays. 5. Promotion of the availability, through the City, of programs and funds to help keep existing and new housing, in or near the district, affordable and habitable.
6. The undertaking and completing of any other proceedings necessary to carry out the provision of this Plan.
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FINANCE The programs, projects and administration of the Plan shall be financed from a variety of sources both public and private which in part may include:
Private – Grants; dues; self-imposed taxes, such as Special Improvement Districts
or Business Improvement Districts; private investment; and donations. Private Enterprise Assistance Programs – Housing and Urban Development, Small Business Administration and Community Reinvestment Act financial
assistance.
Public – Tax increment financing; revenue bonds; City and County general funds; public grants; utility Districts; user fees; state-backed, low interest loans; Montana Department of Transportation; general obligation bonds; tax credits; and
enterprise funds.
Tax Increment Financing will be implemented in accordance with MCA §§ 7-15-4282-4292 and 4301-4324. In the event that property taxes are reduced or
replaced with some new form of revenue, it is the intent of the Plan to use all
available means to adjust the tax base or allow the capture of that portion of the new revenue form necessary to offset the reduced or lost increment. The Director of Economic Development will annually develop a program and
budget to be reviewed and adopted by the City Commission. During this
procedure, specific actions will be proposed in detail for community review. Tax Increment Financing shall be used to further the implementation of the goals set forth in this plan.
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Figure 1
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Appendix 1
COMMISSION RESOLUTION NO. 3835
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, DECLARING THAT BLIGHTED AREAS EXIST
WITHIN THE MUNICIPALITY AND THE REHABILITATION,
REDEVELOPMENT, OR A COMBINATION THEREOF OF SUCH AREA
OR AREAS IS NECESSARY IN THE INTEREST OF THE PUBLIC
HEALTH, SAFETY, MORALS, OR WELFARE OF THE RESIDENTS OF
SUCH MUNICIPALITY.
WHEREAS, a blight investigation in a portion of Northeast Bozeman
outlined in Attachment “A” was completed by ThinkTank Design Group, Inc. on
June 6, 2005; and
WHEREAS, the investigation determined that areas of blight as defined by
state statute existed within the study area associated with the following: the
defective or inadequate street layout identified within the study area; instances of
known deterioration, inadequate provisions and/or age obsolescence of the
following public improvements within the study area: water, sewer, storm
drainage, streets, sidewalks and parks; instances of age obsolescence of buildings
within the study area; instances of unsanitary or unsafe condition; instances
producing inadequate provision for ventilation, light, proper sanitary facilities, or
open spaces as determined by competent appraisers on the basis of an
examination of the building standards of the municipality; and
WHEREAS, Section 7-15-4212 MCA provides that any person, public or
private may submit an urban renewal plan to the municipality; and
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WHEREAS, a request was received from ThinkTank Design Group, Inc. to
create an Urban Renewal District for the study area in Northeast Bozeman outlined
in Attachment “A”; and
WHEREAS, Section 7-15-4210 MCA requires that a municipality adopt a
resolution of necessity in order to implement an urban renewal program.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, that areas of blight exist within the study area of Northeast
Bozeman outlined in Attachment “A”, attached hereto and by this reference made
a part hereof, and that the rehabilitation, redevelopment, or a combination thereof
of the area is necessary in the interest of the public health, safety, morals, or
welfare of the residents of Bozeman.
BE IT FURTHER RESOLVED that the City shall not use its powers of eminent
domain to acquire private property for any private use in the implementation of
any urban renewal project within this area.
PASSED AND ADOPTED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the 15th day of August 2005.
__________________________________________
ANDREW L. CETRARO, Mayor
ATTEST:
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________________________________________
ROBIN L. SULLIVAN
City Clerk
APPROVED AS TO FORM:
_____________________________________
PAUL J. LUWE
City Attorney
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Appendix 2
Description of the Proposed NE Urban Renewal District
Beginning at the point of the southeast corner of Lot 12 Block 15 of the Imes
Addition; thence southerly along the west right-of-way line of North Rouse Avenue approximately 1,530 feet to the northeast corner of the north 81 feet of Tract 1 Block 9 of Beall’s First Addition; thence easterly approximately 60 feet to the western property line of Tract 2 Block 1 of Perkins and Stone Addition;
thence northerly along the east right-of-way line of North Rouse Avenue
approximately 32 feet to the northwest corner of Tract 2 Block 1 of Perkins and Stone Addition; thence easterly along the south right-of-way line of East Peach Street approximately 397 feet to the northwest corner of Tract 2 Block 6 of the Babcock and Davis Addition; thence southerly along the east right-of-way line of
North Church Avenue approximately 117 feet to the southwest corner of Tract 2
Block 6 of the Babcock and Davis Addition; thence easterly approximately 194 feet to the southeast corner of Tract 2 Block 6 of the Babcock and Davis Addition; thence southerly approximately 55 feet to the southeast corner of Tract 3 Block 6 of the Babcock and Davis Addition; thence westerly approximately 10
feet to the northeast corner of Tract 4 Block 6 of the Babcock and Davis Addition;
thence southerly approximately 111 feet to the southeast corner of Tract 7 Block 6 of the Babcock and Davis Addition; thence easterly approximately 264 feet to the western property line of the West ½ of Lot 3 Block 7, Tract 2 of the Babcock and Davis Addition; thence northerly along the eastern right-of-way line of North
Wallace Avenue approximately 284 feet to the northwest corner of the west end
of Tract 2 Lot 6, and the north 5 feet of Lot 5 Block 7 of the Babcock and Davis Addition; thence easterly along the southern right-of-way line approximately 817 feet to the western property line of Lot 33 Block 53 of the Northern Pacific Addition; thence northeasterly along the eastern right-of-way line of Plum Avenue
approximately 555 feet to the centerline of the current main railroad track; thence
northwesterly along the centerline of the current main railroad track approximately 1,280 feet; thence westerly approximately 177 feet to the northeast corner of Lot 1 of the Amended Plat C-23-W of the Northern Pacific Addition; thence southerly along the west right-of-way line of North Wallace
Avenue approximately 393 feet to the southeast corner of Lot 17 Block 110 of the
Northern Pacific Addition; thence westerly along the north right-of-way line of East Tamarack Street approximately 400 feet to the southwest corner of Lot 1 of the Amended Plat C-23-W of the Northern Pacific Addition; thence northerly along the east right-of-way line of North Church Avenue approximately 360 feet
to the property line of Lot 1 of the Amended Plat C-23-W of the Northern Pacific
Addition; thence westerly approximately 430 feet along the north right-of-way line of East Juniper Street to the southeast corner of Lot 12 Block 15 of the Imes Addition, the point of beginning.
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Memorandum
REPORT TO:City Commission
FROM:David Fine, Economic Development Manager
Brit Fontenot, Economic Development Director
Jeff Mihelich, City Manager
SUBJECT:Ordinance 2144 Provisional Adoption Repealing 2.05.1810 Bozeman
Municipal Code (North Park Urban Renewal Board); Repealing 2.05.1830
Bozeman Municipal Code (Bozeman Midtown Urban Renewal Board);
Repealing 2.05.1840 Bozeman Municipal Code (Northeast Urban Renewal
Board); Repealing 2.05.1850 Bozeman Municipal Code (South Bozeman
Technology District Board); and Repealing Sec. 2.05.1860 Bozeman Municipal
Code (Pole Yard Urban Renewal Board)
MEETING DATE:July 18, 2023
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION:Having considered public comment and all information presented, I move to
provisionally adopt Ordinance 2144.
STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a
mechanism to encourage economic development.
BACKGROUND:In fall 2021, the City Commission held a work session regarding consolidating
and eliminating citizen advisory boards to provide “consistency,
predictability and stability”. During that work session, the City Commission
provided direction to staff to eliminate the advisory boards for all the urban
renewal districts except the Downtown Urban Renewal District. The
Ordinances the City Commission is considering reflect that direction to staff.
Ordinance 2144 changes how the City of Bozeman administers most of its
urban renewal districts. Under the Montana Code Annotated, urban renewal
powers are vested in the City Commission, which, for purposes of
administration may assign those powers. State law allows urban renewal
powers to be “assigned to a department or other officers of the municipality
or to any existing public body corporate” (7-15-4232, MCA). Ordinance 2144
amends the Bozeman Municipal Code to be consistent with state statute and
allow the City Commission, as the legislative body of the city, delegate its
urban renewal powers by Resolution, as allowed by State Law.
Ordinance 2144 removes references to the North Park Urban Renewal
Board, Midtown Urban Renewal Board, Northeast Urban Renewal Board,
South Bozeman Technology District Board, and Pole Yard Urban Renewal
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Board. From their inception, the City Commission retained its urban renewal
powers for the North Park URD and Pole Yard URD and the plans for these
districts do not specify boards for the administration of these districts. The
South Bozeman Technology District board has been vacant for several years
and the City Commission has not made reappointments to this board. The
Midtown URD and Northeast URD have existing boards. References to those
boards appear in the adopted urban renewal plans for these districts.
Removal of those references can be addressed by other ordinances
amending the plans.
Following any provisional adoption of Ordinance 2144, staff intends to
return to the City Commission with a Resolution assigning the urban renewal
powers of the City, for these districts, to the Director of Economic
Development. Work plans and budgets for the districts would continue to be
prepared by economic development staff and presented to the City
Commission during the regular budget process. The City Commission will
continue to approve contracts and urban renewal projects consistent with
current practices.
UNRESOLVED ISSUES:None at this time.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:There are no fiscal effects created by this Ordinance.
Attachments:
Ord. 2144 Urb. Renewal Board Repeal.pdf
Report compiled on: July 7, 2023
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Ord 2144
Page 1 of 5
ORDINANCE 2144
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA REPEALING 2.05.1810 BOZEMAN MUNICIPAL CODE (NORTH PARK
URBAN RENEWAL BOARD); REPEALING 2.05.1830 BOZEMAN MUNICIPAL CODE
(BOZEMAN MIDTOWN URBAN RENEWAL BOARD); REPEALING 2.05.1840
BOZEMAN MUNICIPAL CODE (NORTHEAST URBAN RENEWAL BOARD);
REPEALING 2.05.1850 BOZEMAN MUNICIPAL CODE (SOUTH BOZEMAN
TECHNOLOGY DISTRICT BOARD); AND REPEALING SEC. 2.05.1860 BOZEMAN
MUNICIPAL CODE (POLE YARD URBAN RENEWAL BOARD).
WHEREAS, Article IV, Section 4.07 of the Bozeman Charter permits the City
Commission to create boards, commissions, or committees as determined necessary; and
WHEREAS, on November 28, 2005 the City Commission passed, adopted, and finally
approved Ordinance 1655, which adopted an urban renewal plan for portions of Northeast
Bozeman, including the historic mixed use district; and
WHEREAS, on November 27, 2006 the City Commission passed, adopted, and finally
approved Ordinance 1685, which adopted an urban renewal plan for the North Seventh Avenue
corridor and adjacent properties; and
WHEREAS, on November 19, 2012 the City Commission passed, adopted, and finally
approved Ordinance 1844 (effective December 19, 2012) which created the South Bozeman
Technology District; and
WHEREAS, on June 3, 2013, the City Commission passed, adopted, and finally approved
Ordinance 1861, which created advisory boards for urban renewal boards; and
WHEREAS, on November 28, 2005, the City Commission passed, adopted, and finally
approved Ordinance 1655, which created the North Seventh Avenue and Northeast Urban Renewal
Districts, and South Bozeman Technology District; and
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Ordinance No. 2144, (Repealing the North Park, Midtown, Northeast, South Bozeman
Technology, and Pole Yard Urban Renewal Boards)
Page 2 of 5
WHEREAS, on November 16, 2015, the City Commission passed, adopted, and finally
approved Ordinance 1925, which amended and re-named the “North Seventh Avenue Urban
renewal district board” as the “Bozeman Midtown urban renewal board”; and
WHEREAS, on April 16, 2018, the Bozeman City Commission formally adopted the
Bozeman Strategic Plan via Resolution 4852; and
WHEREAS, Mont. Code. Ann. § 7-15-4231 (2021) permits a municipality itself to
exercise its urban renewal project power, or elect to have those powers assigned to an urban
renewal agency; and
WHEREAS, on August 24, 2021, the City Commission passed, adopted, and finally
approved Ordinance 2085 (effective December 1, 2021), which re-structured the City’s advisory
boards; and
WHEREAS, as set forth in Strategic Plan Section 1.2 Community Engagement, the re-
structuring of the City’s urban renewal boards is necessary to more effectively advise the City
Commission and engage the public.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
The Sec. 2.05.1760 Bozeman Municipal Code, entitled Creation; powers and duties, is amended
as follows:
Sec. 2.05.1760. Creation; power and duties.
The city commission may, by resolution or ordinance, elect to retain and exercise its urban
renewal project powers itself or assign those powers to a department or other officers of the
municipality, or create an urban renewal board or targeted economic development district board
to exercise any of the powers authorized pursuant to Title 7, Chapter 15, Parts 42 and 43, MCA,
which are specifically authorized for that board by the city commission.
Section 2
The Sec. 2.05.1810 Bozeman Municipal Code, entitled North Park urban renewal board, is
repealed in its entirety.
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Ordinance No. 2144, (Repealing the North Park, Midtown, Northeast, South Bozeman
Technology, and Pole Yard Urban Renewal Boards)
Page 3 of 5
Section 3
The Sec. 2.05.1830 Bozeman Municipal Code, entitled Bozeman Midtown urban renewal board,
is repealed in its entirety.
Section 4
The Sec. 2.05.1840 Bozeman Municipal Code, entitled Northeast urban renewal board, is repealed
in its entirety.
Section 5
The Sec. 2.05.1850 Bozeman Municipal Code, entitled South Bozeman technology district board,
is repealed in its entirety.
Section 6
The Sec. 2.05.1860 Bozeman Municipal Code, entitled Pole yard urban renewal board, is repealed
in its entirety.
Section 7
The Sec. 2.06.1300 Bozeman Municipal Code, entitled Administration, is amended as follows:
Sec. 2.06.1300. Administration.
The urban renewal, tax increment financing, or economic development district programs
created pursuant to this division shall be administered by the city commission. The commission
shall may be advised on matters pertaining to the program by either a department or other
officers of the municipality, or a district board created pursuant to article 5, division 10 of this
chapter. and The city commission may delegate specific authority to such a district board, or city
department or officer pursuant to ordinance or resolution.
Section 8
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of
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Ordinance No. 2144, (Repealing the North Park, Midtown, Northeast, South Bozeman
Technology, and Pole Yard Urban Renewal Boards)
Page 4 of 5
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Section 9
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 10
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 11
Codification.
This Ordinance shall be codified as indicated in Sections 1 – 7.
Section 12
Effective Date.
This Ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the _____ day of ________________, 20__.
____________________________________
CYNTHIA L. ANDRUS
Mayor
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Ordinance No. 2144, (Repealing the North Park, Midtown, Northeast, South Bozeman
Technology, and Pole Yard Urban Renewal Boards)
Page 5 of 5
ATTEST:
____________________________________
MIKE MAAS
City Clerk
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of
____________________, 20__. The effective date of this ordinance is __________, __, 20__.
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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Memorandum
REPORT TO:City Commission
FROM:Kevin Handelin, Solid Waste Superintendent
Nicholas Ross, Director of Transportation and Engineering
SUBJECT:Solid Waste Rate Study and Compost Feasibility Study Work Session
Continuation
MEETING DATE:July 18, 2023
AGENDA ITEM TYPE:Plan/Report/Study
RECOMMENDATION:Solid Waste Rate Study and Compost Feasibility Study Work Session
Continuation.
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:In October 2021, the City of Bozeman entered into a professional services
agreement with consultant Burns & McDonnell, for Solid Waste Recycling
and Compost evaluation and rate model update. The purpose was to
determine the cost of providing the four services offered by the Solid Waste
Division [automated (i.e., residential), dumpster, roll-off, compost and
curbside recycling], equitably distribute the cost among customers, and
design rates to safeguard the financial integrity of the Division.
A draft policy report was presented to Commission on October 18, 2022.
After receiving policy guidance from Commission through the work session,
our consultant has revised the draft report accordingly and will present the
results in a continuation of the previous work session.
This study will ultimately update the current rate model for FY24 and
beyond and to update work already performed, which was impacted by the
pandemic, to address the direction given by the Commission on November
18, 2019 regarding recycling and composting programs.
A future agenda item will then be brought to Commission for adoption of
final program and rates.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by commission.
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FISCAL EFFECTS:There are no immediate fiscal effects of presenting the study update. In
the future, the Commission may choose to change Solid Waste Rates by
adoption of a rate resolution after a public hearing.
Attachments:
Solid Waste Policy Memo July 2023 Update
Report compiled on: June 27, 2023
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CITY OF BOZEMAN, MONTANA
SOLID WASTE
SERVICES POLICY
MEMO
POLICY MEMO
PROJECT NO. 153552
JULY 2023
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CONTENTS
Introduction ........................................................................................................................ 1
Service Bundling .................................................................................................................. 1
Cost Impact to Customer ....................................................................................................... 2
Alternative Policy: Discount Rate for Voluntary Service Bundling ........................................ 3
Impact on Diversion .............................................................................................................. 3
Advantages and Disadvantages ............................................................................................. 4
Case Study ............................................................................................................................. 5
Austin, Texas ............................................................................................................... 5
Opt-In Versus Opt-Out ........................................................................................................ 6
Cost Impact to the Customer ................................................................................................ 6
Impact on Diversion .............................................................................................................. 6
Advantages and Disadvantages ............................................................................................. 6
Case Studies ........................................................................................................................... 7
Minneapolis, Minnesota (Opt-In) ............................................................................... 7
Garland, Texas (Opt-Out) ............................................................................................ 8
Mandatory Services for Collection Providers ..................................................................... 8
Cost Impact to the Customer ................................................................................................ 8
Impact on Diversion .............................................................................................................. 9
Advantages and Disadvantages ............................................................................................. 9
Case Studies ......................................................................................................................... 10
Johnson County, Kansas ............................................................................................ 10
Sioux Falls, South Dakota .......................................................................................... 11
Additional Strategies ......................................................................................................... 11
FIGURES
Figure 1: 2022 Trash Rates by Cart Size ........................................................................................... 2
Figure 2: A La Carte and Bundled Rate Comparison Example1 ........................................................ 3
Figure 3: Advantages and Disadvantages of Service Bundling ........................................................ 5
Figure 4: Advantages and Disadvantages of Opt-In Policy ............................................................. 6
Figure 5: Advantages and Disadvantages of Opt-Out Policy .......................................................... 7
Figure 6: Advantages and Disadvantages of a Mandatory Services Policy ...................................... 9
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Figure 7: Residential MSW Generation Trends, 2005-2018 (Tons) ............................................... 10
Figure 8: 2018 Residential MSW Generation ................................................................................. 10
Figure 9: Subscription Recycling Participation (2017 – 2021) ....................................................... 12
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Introduction
The City of Bozeman, Montana (City) retained Burns & McDonnell Engineering Inc. (Burns & McDonnell) to develop
a Policy Memo that evaluates key policy options related to the City’s current curbside recycling and forthcoming
automated organics collection programs.
In 2021, Burns & McDonnell completed a Recycling and Organics Feasibility Study for the City, which evaluated the
feasibility of expanding the City’s current subscription-based recycling program to all trash customers and
implementing a year-round organics collection program using automated collection vehicles. The automated
organics collection program is planned to include food scraps, which are not currently accepted in the City’s
current seasonal composting collection program.
The Recycling and Organics Feasibility Study provided the basis for a Cost of Service Study completed by Burns &
McDonnell in 2022. This Study incorporated the cost of beginning the automated organics collection program into
the City’s five-year financial forecast. By request of City staff, the Cost of Service Study did not evaluate the cost of
City-wide recycling in order to prioritize roll-out of the automated organics collection program.
In October 2022, the findings of the Cost of Service Study were presented to Bozeman’s City Commission, including
proposed customer rates for the next five years. To facilitate access to these programs for residents, the City
Commission requested the following key collection policies be evaluated prior to adopting proposed rates:
· Service bundling;
· Opt-in and opt-out service; and
· Mandatory services for collection providers.
This memo includes a description of each policy, its advantages and disadvantages, and relevant case studies from
other municipalities that have implemented these policies. This Policy Memo also includes a brief discussion
related to strategies to improve participation in the City’s current subscription recycling system and to provide
future organics collection customers with finished compost.
Prior to consideration for implementation, all policies described within the Policy Memo will be assessed by the
City Attorney’s Office to determine their legality for the City.
Following City staff review of this Policy Memo, Burns & McDonnell will collaborate with City staff to develop
two financial scenarios, including proposed rates, based on the key policies discussed herein. Financial
schedules for these scenarios will be included as appendices in the Final Draft of this memo, and will be included
as options within the Excel-based Client Model that was developed for the City in 2022.
Service Bundling
In a service bundling system, all residential customers receive the same bundle of services (e.g., trash, recycling,
and organics collection) as part of their base service and pay for these services regardless of whether material is
set out. Service bundling policies encourage recycling and composting since all households are automatically
enrolled in – and pay for – service.
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In a service bundling system, the City would be serving a greater base of customers for recycling and organics
collection which creates operational efficiencies. These efficiencies reduce the operational cost on a per-
household basis compared to the current à la carte system. Correspondingly, service bundling allows the City to
provide service for a lower combined rate for the three cart collection services to the customer. However, the
overall cost for the bundled service is higher than the cost for subscription service.
Cost Impact to Customer
The City has a pay-as-you-throw (PAYT) tiered pricing model, where residents pay a higher rate the higher their
trash cart volume, as shown with current rates in Figure 1. The current PAYT pricing model for trash carts of
variable sizes is compatible with a service bundling policy, as residents would still select their trash cart size and
associated tiered fee. Residents who actively divert waste through their recycling and organics carts may downsize
their trash cart size, for savings.
Figure 1: 2022 Trash Rates by Cart Size
Service bundling for all customers would require the City to purchase additional vehicles and carts and hire
additional drivers to provide service, necessitating considerable planning for successful implementation. The City
rates would need to be recalibrated to account for the following:1
· Increased Cost of City-Wide Operations. The City will require additional drivers, collection vehicles, and carts
in order to provide recycling and organics collection service to all customers.
· Increased Revenue Base of Bundle Customer. As all customers will receive three cart-based collection
services in their base monthly rate, the City will receive more revenue on a per-household basis through a
service bundling policy than it currently receives.
1 As City Commission did not approve rate adjustments for all City customers in 2022, rates will additionally need
to be adjusted to safeguard the financial integrity of the Solid Waste Division, which is entirely funded through
customer rates.
$14.52
$20.86
$26.73
$0.00
$10.00
$20.00
$30.00
45 65 100Monthly RateCart Size (Gallons)
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Alternative Policy: Discount Rate for Voluntary Service Bundling
The City may choose to explore an alternative policy to incent residents to voluntarily receive service bundling
under the current subscription model. Customers who voluntarily subscribe to receive all three services would
receive a bundling discount from the listed price of each of the individual services. Figure 2 provides an example of
what a voluntary service bundling policy may look like for a customer with a 65-gallon cart.2 A discounted rate
would apply to customers receiving recycling and organics collection for total combined rate of $35.79 compared
to an à la carte approach ($40.79).
Figure 2: A La Carte and Bundled Rate Comparison Example1
1. Assumes the resident does not downsize to a smaller cart size after receiving additional collection service.
Impact on Diversion
With sufficient education related to each cart’s program materials, a service bundling policy would result in the
highest diversion potential. This policy would roughly double the number of City customers receiving curbside
recycling and would increase the amount of food waste diverted from the landfill City-wide.
Alternatively, the voluntary service bundling policy would financially incentivize enrollment in the diversion
programs and therefore reduce the amount of waste sent to the landfill. Around 50 percent of existing City
residential customers subscribe to recycling service. It is anticipated that many of these customers would also be
interested in an organics collection program, whether included as bundled service in base rates, or through
voluntary service bundling.
2 A hypothetical discount of $5 has been applied for illustrative purposes as the City has not determined the amount
of the discount yet. The Final Draft of this Policy Memo may include an updated version of Figure 2 if a financial
scenario for service bundling is developed.
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The voluntary service bundling policy may incentivize existing recycling customers to sign up for and participate in
the organics collection service. It is less likely that customers not currently enrolled in the recycling program would
be motivated by the service bundling discount.
Customers within a service bundling system will generally reduce the amount of landfilled trash that they generate
and may reduce the size of their trash cart. For example, customers may find that through recycling and organics,
they may be able to downsize from a 65-gallon cart to a 35-gallon cart, further reducing their cost and trash
volume.
Advantages and Disadvantages
While recycling collection has been provided by the City since 2011, the year-round automated organics collection
service would be new to all City customers. The primary benefits of service bundling discount policy is to increase
diversion and increase affordability of diversion activities. Figure 3 provides a comparison of the advantages and
disadvantages of service bundling.
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Figure 3: Advantages and Disadvantages of Service Bundling
Advantages Disadvantages
· Ensures that all customers have access to recycling
and organics, if included in base rates
· Increases diversion of recycling and organics from
landfill
· Discounted rates compared to à la carte rates make
diversion opportunities more accessible for
customers
· When paired with PAYT rate structure via multiple
cart sizes, diversion is further incentivized
· May not be competitive with other haulers providing
services in Bozeman
· Mandatory service may be viewed unfavorably
· Lack of program by-in can lead to contamination
issues (e.g. customers placing trash in their recycling
or organics carts)
· Additional outreach required to inform customers of
their options and program materials
· Total per customer revenue to the City is reduced for
customers receiving all three services
· Reduced revenue may need to be recovered by
other City customers (e.g., commercial dumpster
rates)
· Increased program participation will require
additional collection fleet or need for staff, which
may strain system due to recent purchasing and
labor challenges
Case Study
Austin, Texas
The City of Austin, Texas includes the three cart-based collection services, trash, recycling, and organics, as part of
its PAYT rate structure.
Austin’s approach for residential collection has historically included advancement in diversion within its base level
of service. The City started its PAYT program in the 1990s by offering three cart sizes for trash and a dual-stream
recycling program, as well as weekly yard waste collection. In 2009, Austin transitioned to a single-stream
recycling collection program. Similarly, Austin began rolling out an organics cart collection program in 2014 to
14,000 households, with incremental growth each year until 2021. Today, all single-family residents in Austin
receive three carts as a bundled service.
In 2009, the estimated City-wide diversion rate in Austin was 31 percent. By 2015, the diversion rate increased to
42 percent, primarily due to tactics introduced in the 2011 Master Plan including curbside composting collection.
Austin’s Zero Waste Goal of diverting 90 percent of material from landfills by 2040 provides a strong basis for its
decision to enroll all single-family residents in the three-cart collection bundle. One challenge with the approach
that Austin took is contamination, as residents may not be aware of the program materials of a cart that was
provided to them. The forthcoming 2023 Austin Resource Recovery Comprehensive Plan will include the City’s
messaging strategy to increase residents’ familiarity with the correct materials for each of the carts.
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Opt-In Versus Opt-Out
In both an opt-in and opt-out policy, the City would provide services for a standard rate without a pricing breakout
for individual services and there would not be a cost impact to the customer for opting-in or opting-out. An opt-in
policy is where customers voluntarily sign up to receive services for no additional cost. Customers voluntarily opt-
in to participate, demonstrating an interest and commitment in the diversion programs. The City’s current
subscription recycling program is not considered an opt-in service under this definition, as residents subscribe to
recycling collection for an additional fee.
An opt-out policy is where customers automatically receive a suite of services without a pricing breakout for
individual services. Customers may request that their service is discontinued but will continue to pay the standard
rate. An opt-out policy is similar to service bundling, but residents may “remove” their home from service.
The standard opt-out policy does not include an option for customers to opt-out of paying for service, however,
some communities offer this option. Rather than a customer making an effort to voluntarily subscribe, and pay
for, an additional service, the customer would make the effort to opt-out of a provided service and fee by either
calling the provider or filling an exemption to meet specifications identified by the policy.
Cost Impact to the Customer
The City’s PAYT tiered pricing model is compatible with both an opt-in and opt-out policy. Residents would still
select their trash cart size at an associated tiered fee. However, the tiered fee would automatically include all
diversion services (i.e., recycling and organics).
Costs for customers currently only receiving trash service would increase in an opt-in/opt-out system. A transition
to an opt-in/opt-out system for the City would require significant education and outreach efforts to be publicly
supported and successful. In an open market competitive hauler system, which the City operates in, customers
have the option to switch haulers, so an opt-in/opt-out policy may cause some customers to choose a different
hauler with less cost and/or services.
Impact on Diversion
Opt-in programs typically have fewer participants but higher set out rates with less contamination. Opt-out
programs typically have a higher number of participants but may have fewer set out rates with higher
contamination in diversion carts. All customers receive service in an opt-out program, therefore, the number of
participants is higher than in a voluntary, opt-in program. Diversion increases with the increase of participation. To
have a successful recycling and/or organics program, customers must be educated on what to recycle and
compost. Over time, as awareness increases, the impact to diversion increases.
Advantages and Disadvantages
Both opt-in and opt-out policies would require that the City potentially provide all customers with recycling and/or
organics collection, as residents would be paying to receive service under both systems. Ultimately, both policies
could cause customers to pay for a service they do not use. The advantages and disadvantages of opt-in and opt-in
policies are provided in Figure 4 and Figure 5, respectively.
Figure 4: Advantages and Disadvantages of Opt-In Policy
Advantages Disadvantages
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· Participating customers are well-informed about
programs; contamination is likely to be low
· Increases diversion of recycling and organics
· When paired with tiered rates for lower trash cart
sizes, diversion opportunities are further incentivized
· City may not be competitive with other haulers with
increased base rates, if recycling and/or organics
collection services are not mandatory City-wide
· Customers may be interested in recycling and/or
composting but may not participate if unfamiliar
with sign-up process
· Some customers will pay for services they do not
receive
· Increases to base rates to cover costs of providing
service (e.g., recycling) may be perceived as a tax on
customers who do not use it
Figure 5: Advantages and Disadvantages of Opt-Out Policy
Advantages Disadvantages
· All customers automatically receive recycling and
composting services
· Increases diversion of recycling and organics
· Decreases waste going to the landfill
· When paired with tiered rates for lower trash cart
sizes, diversion opportunities are further incentivized
· City may not be competitive with other haulers with
increased base rates, if recycling and/or organics
collection services are not mandatory City-wide
· Customers may receive services they are not using
· Mandatory service may be viewed unfavorably and
increases to cost of service may be perceived as a tax
· Lack of program buy-in can lead to contamination
issues
· Significant education and outreach efforts by the City
are necessary for customer buy-in
Case Studies
Minneapolis, Minnesota (Opt-In)
The City of Minneapolis provides recycling and organics collection for its residential trash customers. Recycling
collection is bundled with trash for all residential customers, without opting-in, and the organics collection is an
opt-in service for no additional fee. Minneapolis’s organics collection has been requested by over 50,000 single-
family homes, or roughly half of its residential trash collection customers, based on 2021 data.
Minneapolis collects nearly 6,000 tons of organics per year from organics carts and has cited very low (less than
one percent) levels of contamination. The program received the U.S. Composting Council Organics Diversion
Program of the Year award in 2018 and is considered a national model for successful implementation. One key
difference between Minneapolis’ organics collection program and the forthcoming program for Bozeman is
collection method. Minneapolis’ collection crews manually load carts into collection vehicles, whereas Bozeman
will purchase automated collection vehicles outfitted with a side-loading arm, meaning material is not visually
“checked” before collection.
Minneapolis cites community buy-in as a driver for its successful program. To generate interest from residents,
staff targeted low-participation neighborhoods with direct mailers in multiple languages and leverages social
media. Recognizing how buy-in is critical to a successful program, Bozeman applied for a U.S. Environmental
Protection Agency (EPA) grant in early 2023 to support recycling and organics outreach and education efforts.
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Garland, Texas (Opt-Out)
The City of Garland’s residential customers are automatically enrolled in every-other-week recycling collection
service and may opt out of service if requested. As of 2021, approximately 42,500 of 63,000 residential customers
(approximately two-thirds) receive recycling service. Garland’s cart-based recycling program was implemented
through a multi-phase roll-out, with each single-family home receiving a cart with a welcome letter and
explanation of program materials. City-wide roll-out of cart-based recycling collection has been complete since
2019.
Residents who choose not to use their recycling carts are not formally tracked, rather, recycling collection crews
collect material from homes with recycling setouts. Garland implements a “three-strike” rule for recycling
collection, where recycling carts are removed from a home after three citations of contamination.
Mandatory Services for Collection Providers
A policy for mandatory services for collection providers is typically administered as a licensing program and
stipulates that all haulers providing residential refuse collection services must have a license to operate in the City.
The City could then impose minimum requirements or guidelines on the haulers such as specifying the base level
of services that must be offered or provided. The City could require that all haulers must either offer certain
services with voluntary subscription, or that haulers must provide certain services in their base rate. The licensing
program may include stipulations such as the following:
· Specify the base level of services that must be offered or provided, either by the licensed hauler or a licensed
subcontractor, which may include collection of recycling and/or organics.
· Specify the types of recyclables/organics that need to be included in the program, at a minimum and where
recyclables/organics are to be delivered.
· Stipulate the minimum frequency of collection and container type for each service.
· Require tonnage reporting for each collection service stream.
· Stipulate penalties and remedies for non-performance.
· Stipulate certain operating details, such as hours of operation, condition of vehicles, condition of containers.
· Require liability insurance coverage.
The City is in a relatively unique situation as it competes with private haulers on the open market. Due to this, a
hauler licensing program will not only standardize services for customers but create a level playing field for
competition amongst all haulers, including the City. If the City moves forward with implementing a hauler licensing
program with mandatory services, it will be important to separate the regulatory enforcement of the policy from
the provision of solid waste services. The requirements of a policy should be equally enforced for all haulers,
including the City as a hauler. It is recommended that enforcement be performed by an entirely separate
department.
Licensing fees can be set to a level to generate, at minimum, adequate revenues to cover the costs of
administering the licensing program. The fee may be based on tonnage collected, number of customers, number of
vehicles, a flat fee, or some combination thereof.
Cost Impact to the Customer
The cost for customers currently only receiving trash service would increase if mandatory services such as recycling
and/or organics collection were required to be provided by all collection providers. A transition to a hauler
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licensing program with mandatory services would require significant education and outreach efforts. In an open
market competitive hauler system, costs are likely to still be variable, but more competitive, as all haulers have a
standardized level of services.
Impact on Diversion
This option would significantly increase the diversion of materials from the landfill. This option would impact all
residents in the City, not just the customers serviced by the City. All residents in the City, regardless of hauler,
would be offered or provided recycling and/or organics collection service. Participation and diversion will increase
with an increase in service availability. To have a successful recycling and/or composting program, customers must
be educated on what to recycle and compost. Over time, as awareness increases, the impact to diversion
increases.
Advantages and Disadvantages
The primary benefit of the mandatory services policy approach is that it can create a more level playing field across
all service providers by requiring a standardized level of service. Additionally, this policy would increase the
provision of and participation in recycling and organics programs and community education and outreach
materials are more streamlined. The drawback, however, is that a mandatory provision of services may be initially
unfavorable to some haulers and residents. Some haulers may not have the experience or immediate capabilities
to provide additional services and some residents may perceive the mandatory services as an added cost or tax.
Figure 6 highlights the advantages and disadvantages associated with the mandatory services policy option.
Figure 6: Advantages and Disadvantages of a Mandatory Services Policy
Advantages Disadvantages
· Recycling and/or organics collection service are
provided to all residents of the City
· Competition amongst haulers occurs on a level
playing field
· City sets standardized service and quality
requirements
· Increased diversion of recycling and
organics/reduction of waste to landfills
· Streamline community education and outreach
materials
· Reporting requirements allows for better program
metrics
· Enforceable quality
· Haulers may not have experience or capabilities to
provide additional services
· Costs may increase for customers going from refuse-
only service to multiple new services
· Mandatory services may be perceived negatively or
as a tax
· City (as a government entity) must demonstrate that
policy does not provide City with unfair advantage
against competitors, as the City is also a service
provider
· Significant education and outreach would be
necessary for new programs
· Potential for increased contamination from
customers with limited buy-in
· Level of effort for the City to develop and implement
an enforcement program
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Case Studies
Johnson County, Kansas
Johnson County, Kansas is a suburb of the Kansas City Metro Area and has a population of over 600,000. With 19
cities and 11 licensed residential haulers, it raised its overall residential diversion from 16 percent to 38 percent
through implementation of a new mandatory services program in 2012. As a condition of their license, haulers
must provide refuse, recycling, and PAYT (maximum of 96-gallons per week) as part of their base service and bulky
items and yard waste must be collected separately. In Johnson County, the residential sector is serviced through a
combination of public and private haulers, city, HOA, and individual household contracts. The hauler licensing
regulations unify the whole community under the same base level of services.
Figure 7 shows how the generation of residential municipal solid waste by type has shifted over time, from 2005 to
2018. Total generation has decreased by approximately 23,000 tons per year during that time, and the distribution
of material has shifted. Significantly more recyclables and yard waste are being diverted from landfills.
Figure 7: Residential MSW Generation Trends, 2005-2018 (Tons)
On average, each resident of Johnson County (living in a single-family home) generates a total of 1,067 pounds of
MSW per year. This includes 656 pounds of material disposed in landfills, and a total of 412 pounds of material
recycled through curbside collection or drop-off programs. On a percentage basis, the County’s current residential
recycling rate is strong, at 38 percent. Figure 8 provides a breakdown of the 2018 residential disposal and recycling
quantities on at a total and per-capita basis.
Figure 8: 2018 Residential MSW Generation
MSW Type Total
Tons Pounds per Capita Percentage
Disposal
Refuse 144,139 603.0 62.0%
Recycling
0
50,000
100,000
150,000
200,000
250,000
300,000
2005 2008 2012 2018
Refuse Recyclables Yard Waste
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MSW Type Total
Tons Pounds per Capita Percentage
Recyclables 43,421 181.7 18.7%
Yard Waste 44,025 184.2 18.9%
HHW 792 3.3 0.3%
E-waste 84 0.4 0.0%
Total Recycling 88,322 369.5 38.0%
Total Generation 232,461 972
Sioux Falls, South Dakota
The City of Sioux Falls is the largest city in South Dakota with a population of nearly 200,000. The city has an open
market system for solid waste services with around 16 licensed haulers. As part of a city ordinance, all licensed
waste haulers are required to provide recycling to all residents and businesses and report tonnage data. Licensed
haulers are required to achieve the standard of at least 80 percent of the recycling goal. For the past three years
the goal has been 22.5 percent. Recycling rates are calculated by dividing the total amount of recyclableps by the
total amount of solid waste hauled within the five-county region served by the Sioux Falls Regional Sanitary
Landfill. Haulers who do not meet the standard receive a surcharge; haulers with a recycling rate more than 35.1
percent receive a rebate.
The mandatory recycling service ordinance went into effect in 2012 and the region’s recycling rate increased from
12 percent in 2008 to 23.5 percent in 2014 and was 20.5 percent in 2021. Education and outreach activities of the
recycling program are led by the city Public Works Department, Environmental Division, through a campaign called
“Leading Green.” Sioux Falls works with the haulers to engage customers in how to recycle right. Contamination at
the material recovery facilities that process recycling has increased since transitioning to single-stream. Sioux Falls
attempts to reduce contamination through targeted education campaigns.
Additional Strategies
The City Commission requested additional strategies that can improve the City’s recycling participation within the
current subscription system and provide finished compost to future organics collection customers. These
strategies are provided below:
· Free Recycling and Organics Collection Trial. One strategy to improve the participation rate for the
subscription recycling and forthcoming organics collections programs would be to give trash customers a
free trial of the service. The City may choose to target neighborhoods with lower-than-average
subscription rates and provide a recycling cart for at least three collection cycles (six weeks for recycling
and three weeks for organics).
It is recommended that the City, as the City of Garland had done for its cart-based recycling collection roll-
out, provide trial customers with a welcome letter about the trial period and information about accepted
material.
· Increased Program Awareness Through Outreach. The City has seen consistent and growing levels of
participation in its recycling collection program, as shown in Figure 9.
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Figure 9: Subscription Recycling Participation (2017 – 2021)
By applying to the U.S. EPA Recycling Education and Outreach Campaign grant, the City has taken a critical
step in further improving participation. The City, through the grant application, has identified various
actions and methods to increase participation, including:
o Geo-targeted digital campaigns for
different audiences
o Cable and streaming TV
advertisements
o Radio spots o Social media
o Newspaper display ads and inserts o Website updates
· Offer Finished Compost Pick-Up at Central Location. For all City customers, or just those who subscribe
to the automated organics program, based on policy options defined in the Policy Memo, the City may
offer finished compost pick-up to increase participation in the program, or composting in general.
As the City already owns the finished compost through its current composting contract, the City would
not incur significant costs to offer it to customers at a centralized location. The City may potentially
partner with Montana State University as a pick-up location, due to the City’s longstanding composting
partnership with the university and its central location within Bozeman.
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