HomeMy WebLinkAbout08-22-23 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
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B.Pledge of Allegiance and a Moment of Silence
C.Authorize Absence
C.1 Authorize the Absence of Commissioner I-Ho Pomeroy (Maas)
D.FYI
E.Commission Disclosures
F.Consent
F.1 Accounts Payable Claims Review and Approval (Waters)
F.2 Authorize the City Manager to sign the Headwaters Community Housing Trust Employee
Right of Purchase Program Grant(Munfrada)
THE CITY COMMISSION OF BOZEMAN, MONTANA
REGULAR MEETING AGENDA
Tuesday, August 22, 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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F.3 Mayfly Townhomes Preliminary Plat application, to subdivide four (4) lots platted with
Norton East Ranch Phase 4 into forty-six (46) developable lots for townhome and duplex
structures with associated stormwater, open space, easements, and right of way. Zoned R-4,
and located northeast of the corner of Fallon Street and South Laurel Parkway. Application
22310 (Quasi-Judicial)(Garber)
F.4 South Range Crossing Major Subdivision Preliminary Plat Findings of Fact and Order,
Application 22390 (Quasi-Judicial)(Montana)
F.5 Authorize the City Manager to sign an Amended and Restated First Amendment to the
Declaration of Covenants, Conditions, and Restrictions of PT Land Subdivision(Rischke)
F.6 Authorize the City Manager to Sign a Memorandum of Understanding with Bozeman Sunrise
Rotary Club for the Phase 1 Glen Lake Rotary Park Parking Lot Project(Jadin)
F.7 Authorize the City Manager to sign a Notice of Award and a Construction Agreement with
Constructive Solutions Incorporated for the Downtown Alley Enhancement Project(Staley)
F.8 Authorize the City Manager to Sign a Notice of Award with Highland Construction for the
Glen Lake Rotary Park Parking Lot, and Final Documents Once Received(Jadin)
F.9 Authorize the City Manager to sign a Joint Funding Agreement with the U.S. Geological
Survey for the continued operation of the real-time streamflow gaging stations on the East
Gallatin River and Hyalite Creek for federal fiscal year 2024.(Heaston)
F.10 Resolution 5491, Annexation of 0.7417 Acres, the 1603 Bridger Drive Annexation,
Application 22247(Rogers)
F.11 Resolution 5523 Delegating the City of Bozeman's Urban Renewal Powers to the City
Manager(Fine)
F.12 Resolution 5524 Intent to Create a Special Improvement Lighting District 780 for Canyon
Gate Subdivision(Hodnett)
F.13 Ordinance 2137, Provisional Adoption, Establishing Initial Zoning Designation of R-2 on
0.7417 Acres, the 1603 Bridger Drive Annexation, Application 22247(Rogers)
G.Public Comment
This is the time to comment on any matter falling within the scope of the Bozeman City
Commission. There will also be time in conjunction with each agenda item for public comment
relating to that item but you may only speak once 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.
H.Action Items
H.1 Resolution 5500 Establishing and Affixing the Number of Mills to be Charged Against the
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Assessed Valuation of All Taxable Property Situated Within the Corporate Jurisdictional
Boundaries of the City for Fiscal Year 2023-2024 (FY24)(Hodnett)
H.2 Resolution 5519 Establishing an 8% increase to Street Maintenance District Assessments for
Fiscal Year 2023-2024 (FY24)(Hodnett)
H.3 Resolution 5521 Establishing an 8% change to Arterial and Collector Street Maintenance
District Assessments for FY 2024(Hodnett)
H.4 Resolution 5520 Establishing Tree Maintenance District Assessments for FY2024 (Hodnett)
H.5 Resolution 5522 Establishing a 7% change to Parks and Trails Maintenance District
Assessments for FY 2024(Hodnett)
H.6 Resolution 5506 Establishing Rates for Stormwater, Water, Wastewater, and Solid Waste
Charges(Johnson/Hodnett)
I.Appointments
I.1 Appointment to the Library Board of Trustees(Maas)
J.FYI / Discussion
K.Adjournment
City Commission meetings are open to all members of the public. If you have a disability and require
assistance, please contact the City for ADA coordination, 406.582.2306 (TDD 406.582.2301).
Commission meetings are televised live on cable channel 190 and streamed live on our Meeting
Videos Page.
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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 I-Ho Pomeroy
MEETING DATE:August 22, 2023
AGENDA ITEM TYPE:Administration
RECOMMENDATION:I move to authorize the absence of Commissioner I-Ho Pomeroy.
STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver
information to the community and our partners.
BACKGROUND:Commissioner I-Ho Pomeroy informed City Manager Mihelich and Mayor
Andrus that she would not be in attendance.
UNRESOLVED ISSUES:None
ALTERNATIVES:None
FISCAL EFFECTS:None
Report compiled on: August 15, 2022
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Memorandum
REPORT TO:City Commission
FROM:Nadine Waters, Accounts Payable Clerk
Nicole Armstrong, Accounts Payable Clerk
Levi Stewart, Assistant City Controller
Aaron Funk, City Controller
Melissa Hodnett, Finance Director
SUBJECT:Accounts Payable Claims Review and Approval
MEETING DATE:August 22, 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: August 17, 2023
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Memorandum
REPORT TO:City Commission
FROM:Renata Munfrada, Community Housing Program Coordinator
David Fine, Economic Development Program Manager
Brit Fontenot, Economic Development Director
SUBJECT:Authorize the City Manager to sign the Headwaters Community Housing
Trust Employee Right of Purchase Program Grant
MEETING DATE:August 22, 2023
AGENDA ITEM TYPE:Agreement - Agency/Non-profit
RECOMMENDATION:Authorize the City Manager to sign the Headwaters Community Housing
Trust Employee Right of Purchase Program Grant
STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a
wide variety of actions, the development of sustainable and lasting housing
options for underserved individuals and families and improve mobility
options that accommodate all travel modes.
BACKGROUND:The Headwaters Community Housing Trust is requesting a grant of $150,000
from the City of Bozeman to launch an Employee Right of Purchase Program
providing an accessible on-ramp for local businesses to invest in quality
housing that is permanently affordable to Bozeman's workforce.
Headwaters Community Housing Trust is a private, non-profit organization
dedicated to cultivating a thriving community through an expanded supply
of quality housing that residents can afford to purchase. A ground lease gives
the Housing Trust a first right to purchase whenever one of its below-market
homes transfers, allowing the Housing Trust to assure that the home
remains affordable and is sold to an income-eligible buyer. This ensures
public and private investments in housing affordability are preserved in
perpetuity.
The Employee Right of Purchase Program allows employers to acquire this
first right of purchase so that one of their income-eligible employees can buy
a below-market Housing Trust home. Rather than having to compete with as
many as 200 other buyers, the employee gains certain access to a
homeownership opportunity they can afford.
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The program thus creates a crucial means for Bozeman employers to address
acute retention and recruitment challenges and simultaneously help finance
a larger supply of permanently affordable homes for Bozeman’s workers.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As directed by the City Commission.
FISCAL EFFECTS:Grant funds in the amount of $150,000 were included in the FY24
Community Housing Program budget.
Attachments:
Grant Agreement - Bridger View Employee Purchase
Program.pdf
Proposal - Bridger View Employee Purchase Program.pdf
Report compiled on: August 8, 2023
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FY 2024 Grant Agreement –Employee Right of Purchase Program
Page 1
GRANT AGREEMENT
Headwaters Community Land Trust
THIS AGREEMENT is made and entered into this ____ day of __________, 20__ by and between
the City of Bozeman, Montana, a self-governing municipal corporation located at 121 N. Rouse
Ave., Bozeman MT 59771 (“City”) as GRANTOR and Headwaters Community Housing Trust, a
not-for-profit organization located at 222 East Main Street, Suite #102A, Bozeman, Montana
59715 as GRANTEES.
WHEREAS, on October 17, 2005, the Bozeman City Commission adopted Resolution No. 3866
establishing policies for the granting of funds from the City of Bozeman to a requesting entity;
and
WHEREAS, Headwaters Community Housing Trust submitted a proposal to the City Commission
for a grant of $150,000 for the Employee Right of Purchase Program providing an accessible on-
ramp for local businesses to invest in quality housing that is permanently affordable to
Bozeman’s workforce (the “Program”) that would benefit from the City funding; and
WHEREAS, on August 22, 2023, the Commission appropriated $150,000 for the Program.
THE PARTIES AGREE:
1. The Grant. The City will grant and release to GRANTEE a sum of up to one hundred and
fifty thousand dollars ($150,000) from its Community Housing Fund (the “Grant”)
pursuant to the payment terms in Section 3.
2. Use of Grant Funds. Grant funds in the amount of up one hundred fifty thousand
dollars ($150,000) will be used by GRANTEE to launch an Employee Right of Purchase
Program as described in the proposal submitted by Grantee to the City Commission,
attached hereto as Exhibit A and by this reference incorporated herein.
3. Payment of Grant Funds
a. Grantee may request the Grant funds during the fiscal year ending June 30,
2024, as needed by providing proof of expenses paid. Acceptable forms of proof
of payment shall be as determined at the sole discretion of the City’s Director of
Finance.
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FY 2024 Grant Agreement –Employee Right of Purchase Program
Page 2
b. Any funds from the Grant not awarded during the fiscal year ending June 30,
2024, will remain in the City’s Community Housing Fund and will be available for
other appropriation.
4. Grantee Representations
a. GRANTEE has familiarized itself with the nature and extent of this Agreement
and with all local conditions and federal, state, and local laws, ordinances, rules,
and regulations that in any manner may affect Grantee’s performance under this
Agreement.
b. GRANTEE represents and warrants to City that it has the experience and ability
to perform its obligations under this Agreement; that it will perform said
obligations 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
for GRANTEE to meet this warranty.
c. GRANTEE represents and warrants to City that the Grant funds are necessary to
accomplish the financial requirements of the Program.
5. Reports/Accountability/Public Information. If Grant funds are paid to GRANTEE,
GRANTEE will provide to the City a formal written report that includes, at a minimum,
the proof of expenses paid. GRANTEE agrees to develop and/or provide such other
documentation as requested by the City demonstrating GRANTEE’s compliance with the
requirements of this Agreement. GRANTEE must 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 monies provided to GRANTEE pursuant to this Agreement were used in
compliance with this Agreement and all applicable provisions of federal, state, and local
law. GRANTEE will retain such records for seven years after receipt of final payment
under this Agreement unless permission to destroy them is granted by the City.
GRANTEE shall not issue any statements, releases, or information for public
dissemination without prior approval of the City.
6. Independent Contractor Status. The parties agree that GRANTEE, its agents,
employees, contractors, or subcontractors, are independent contractors for purposes of
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FY 2024 Grant Agreement –Employee Right of Purchase Program
Page 3
this Agreement and are not to be considered employees or agents of the City for any
purpose. GRANTEE and its agents, employees, contractors, or subcontractors are 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.
GRANTEE, its agents, employees, contractors, or subcontractors, are not authorized to
represent the City or otherwise bind the City in any way.
7. Default and Termination. If GRANTEE fails to comply with any condition of this
Agreement at the time or in the manner provided for, the City may terminate this
Agreement if the default is not cured within fifteen (15) days after written notice is
provided to GRANTEE. The notice will set forth the items to be cured. If this Agreement
is terminated pursuant to this Section, GRANTEE will repay to the City any Grant funds
already delivered to GRANTEE for the Program.
8. Limitation on GRANTEE’s Damages; Time for Asserting Claim
a. In the event of a claim for damages by GRANTEE under this Agreement,
GRANTEE’s damages shall be limited to contract damages and GRANTEE 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 GRANTEE wants to assert a claim for damages of any kind or nature,
GRANTEE must first 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 ninety (90) days of the facts and
circumstances giving rise to the claim. In the event GRANTEE fails to provide
such notice, GRANTEE shall waive all rights to assert such claim.
9. Representatives
a. City’s Representative. The City’s Representative for the purpose of this
Agreement shall be Melissa Hodnett 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, GRANTEE may direct its communication or submission to other
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FY 2024 Grant Agreement –Employee Right of Purchase Program
Page 4
designated City personnel or agents and may receive approvals or authorization
from such persons.
b. GRANTEE’s Representative. GRANTEE’s Representative for the purpose of this
Agreement shall be Christine Walker or such other individual as GRANTEE shall
designate in writing. Whenever direction to or communication with GRANTEE is
required by this Agreement, such direction or communication shall be directed
to GRANTEE’s Representative; provided, however, that in exigent circumstances
when GRANTEE’s Representative is not available, City may direct its direction or
communication to other designated GRANTEE personnel or agents.
10. Indemnity/Waiver of Claims/Insurance. To the fullest extent permitted by law,
GRANTEE agrees to defend, indemnify, and hold the City and its agents, representatives,
employees, and officers (collectively referred to for purposes of this Section as the City)
harmless against all third-party claims, demands, suits, damages, losses, and expenses,
including reasonable defense attorney fees, which arise out of, relate to or result from
GRANTEE’s (i) negligence, or (ii) willful or reckless misconduct.
Such obligations shall not be construed to negate, abridge, or reduce other rights or
obligations of indemnity that would otherwise exist. The indemnification obligations of
this Section must not be construed to negate, abridge, or reduce any common-law or
statutory rights of the indemnitee(s) which would otherwise exist as to such
indemnitee(s). GRANTEE’s indemnification obligations under this Section shall be
without regard to and without any right to contribution from any insurance maintained
by City.
Should any indemnitee described herein be required to bring an action against GRANTEE
to assert its right to defense or indemnification under this Agreement or under
GRANTEE’s applicable insurance policies required below the indemnitee shall be entitled
to recover reasonable costs and attorney fees incurred in asserting its right to
indemnification or defense but only if a court of competent jurisdiction determines
GRANTEE was obligated to defend the claim(s) or was obligated to indemnify the
indemnitee for a claim(s) or any portion(s) thereof.
In the event of an action filed against City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of
suit.
GRANTEE also waives any and all claims and recourse against the City or its officers,
agents or employees, including the right of contribution for loss or damage to person or
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FY 2024 Grant Agreement –Employee Right of Purchase Program
Page 5
property arising from, growing out of, or in any way connected with or incident to the
performance of this Agreement except “responsibility for his own fraud, for willful injury
to the person or property of another, or for violation of law, whether willful or
negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement.
In addition to and independent from the above, GRANTEE shall at GRANTEE’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 GRANTEE in this Section. The insurance coverage
shall not contain any exclusion for liabilities specifically assumed by GRANTEE in this
Section unless and to the extent coverage for such liability is not reasonably available.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the
City without limit and without regard to the cause therefore and which is acceptable to
the City and GRANTEE 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
The City of Bozeman, its officers, agents, and employees, shall be endorsed as an
additional or named insured on a primary non-contributory basis on the Commercial
General Liability policy. The insurance and required endorsements must be in a form
suitable to City and shall include no less than a thirty (30) day notice of cancellation or
non-renewal. The City must approve all insurance coverage and endorsements prior to
delivery of Grant funds to GRANTEE. GRANTEE shall notify City within two (2) business
days of GRANTEE’s receipt of notice that any required insurance coverage will be
terminated or GRANTEE’s decision to terminate any required insurance coverage for any
reason.
11. Nondiscrimination and Equal Pay. GRANTEE agrees that all hiring by Grantee of
persons performing this Grant Agreement shall be on the basis of merit and
qualifications. GRANTEE will have a policy to provide equal employment opportunity in
accordance with all applicable state and federal anti-discrimination laws, regulations,
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FY 2024 Grant Agreement –Employee Right of Purchase Program
Page 6
and contracts. GRANTEE 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.
GRANTEE 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). GRANTEE 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.
GRANTEE shall require these nondiscrimination terms of its subcontractors providing
services under this Grant Agreement.
12. Public Meetings and Access to Public Records
a. Meetings of GRANTEE that pertain to the receipt or expenditure of Grant funds from
the City are subject to the open meeting requirements of Montana law, including
those set forth in Title 7, Chapter 1, Part 41, MCA and Title 2, Chapter 3, MCA. To
ensure compliance, GRANTEE will provide agendas for meetings that pertain to the
receipt or expenditure of Grant funds covered by this Agreement to the City Clerk’s
office no later than 72 working hours prior to meeting for notice on the City’s official
posting board and any other sites deemed reasonable by the Clerk’s office. In
addition, meeting minutes will be kept by GRANTEE and provided to the City Clerk’s
office no later than 90 days after the meeting. These minutes shall be posted and
made available to the public by the City Clerk’s office except for those minutes taken
during a closed meeting in accordance with 2-3-203, MCA. Minutes taken during a
closed meeting shall also be provided to the City Clerk’s office but shall be handled
in accordance with the City Clerk’s regular executive session protocol and kept
private in a secured cabinet.
b. In accordance with 7-1-4144, MCA and subject to any applicable legal obligation to
protect and preserve individual confidential or private information, upon reasonable
request and at reasonable times during normal business hours, GRANTEE shall make
such records available for inspection and copying by members of the public.
GRANTEE may charge for such copying in accordance with the policies of the City,
which GRANTEE hereby adopts for such purposes.
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FY 2024 Grant Agreement –Employee Right of Purchase Program
Page 7
c. To determine whether a meeting or part of a meeting may be closed to the public
and to determine whether information contained in GRANTEE documents is
protected by law from disclosure, GRANTEE may seek a determination of the City
Attorney at no cost to GRANTEE. Such request and determination shall not create
an attorney-client relationship between GRANTEE and the City.
13. Attorney’s Fees and Costs. In the event it becomes necessary for a party to this
Agreement to retain an attorney to enforce any of the terms or conditions of this
Agreement or to give any notice required herein, then the prevailing party shall be
entitled to reasonable attorney’s fees and costs, including fees, salary, and costs of in-
house counsel to include City Attorney.
14. Integration and Modification. This document contains the entire agreement between
the parties and no statements, promises or inducements made by either party or agents
of either party not contained in this written Agreement may be considered valid or
binding. This Agreement may not be modified except by written agreement signed by
both parties.
15. 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.
16. No Assignment. GRANTEE may not subcontract or assign GRANTEE’s rights, including
the right to Grant payments, or any other rights or duties arising hereunder, without the
prior written consent of City.
17. No Third-Party Beneficiary. The terms and provisions of this Agreement are intended
solely for the benefit of each party and their respective successors and assigns. It is not
the parties’ intent to confer third party beneficiary rights upon any other person or
entity.
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FY 2024 Grant Agreement –Employee Right of Purchase Program
Page 8
18. Choice of Law. This Agreement shall be governed and construed in accordance with the
laws of the State of Montana without regard to conflict of law provisions. The Parties
agree to submit to the personal and exclusive jurisdiction of the courts located within
Gallatin County, Montana.
19. 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.
20. Severability. If any portion of this Agreement is held to be void or unenforceable, the
balance of the Agreement shall continue in effect.
21. Counterparts. This Agreement may be executed in counterparts, which together
constitute one instrument.
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year
indicated below.
_______________________ Date: __________
Jeff Mihelich, City Manager
City of Bozeman
_______________________ Date: __________
Print name and Title: ___________________________
GRANTEE
Approved as to form:
_______________________ Date: __________
Greg Sullivan, City Attorney
City of Bozeman
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FY 2024 Grant Agreement – Bridger View Employee Purchase Program
Exhibit A
Exhibit A
Grant Proposal
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Grant Proposal – Employer-Supported Housing Solution
To: Renata Munfrada
From: Headwaters Community Housing Trust
Date: July 10, 2023
Grant Request The Headwaters Community Housing Trust respectfully requests a grant of $150,000 from the City of Bozeman to launch an Employee Right of Purchase Program providing an accessible on-
ramp for local businesses to invest in quality housing that is permanently affordable to
Bozeman’s workforce.
Background
The Employee Right of Purchase Program is modeled after a program developed in 2008 by the Jackson Hole Community Housing Trust to raise essential capital to create new affordable
housing opportunities and help local employers secure stable housing for their employees. In
Bozeman, this program will raise essential capital, facilitate workforce homeownership, and
empower employers to invest in housing.
Headwaters Community Housing Trust is a private, non-profit organization dedicated to
cultivating a thriving community through an expanded supply of quality housing that residents
can afford to purchase. A ground lease gives the Housing Trust a first right to purchase whenever one of its below-market homes transfers, allowing the Housing Trust to assure that the home
remains affordable and is sold to an income-eligible buyer. This ensures public and private
investments in housing affordability are preserved in perpetuity.
The Employee Right of Purchase Program allows employers to acquire this first right of purchase
so that one of their income-eligible employees can buy a below-market Housing Trust home.
Rather than having to compete with as many as 200 other buyers, the employee gains certain access to a homeownership opportunity they can afford.
The program thus creates a crucial means for Bozeman employers to address acute retention
and recruitment challenges and simultaneously help finance a larger supply of permanently affordable homes for Bozeman’s workers.
Employer Benefits
- Retain and recruit critical, experienced employees. - Provide employees with access to well-designed, durable and efficient homes at prices
well below market.
- Outsource all administration and management to the Housing Trust.
- Minimize financial risk and exposure, eliminate carrying costs (e.g., property taxes and insurance) and additional capital expenditures typically associated with residential
development.
- Each right of purchase remains with the employer for 30 years and can be used for a
new employee when the home is sold.
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Employee Benefits - Employees generally prefer that their home and employment are not connected, a
separation built into the program.
- Employees build equity.
- There are no taxable implications for employees with the program; by contrast, housing stipends and housing allowances are treated as taxable benefits.
Bridger View’s Employee Right of Purchase Program
- Term: 30-years - Eligibility: employee/homebuyer household income up to 120% AMI
- Price: $100,000 ($50,000 employer/$50,000 City of Bozeman)
Bridger View as Catalyst
The Bridger View neighborhood was conceived to increase the supply of homes that middle-
income members of Bozeman’s workforce can afford. It is working. As homes are being completed and purchased, a mosaic of our workforce is moving into the neighborhood. All are elated to have found an option to remain and continue investing in and contributing to
Bozeman.
A major goal of the Bridger View project is demonstrating new, practicable ways that Bozeman
employers can actively address recruitment and retention challenges by helping employees
access homeownership. The Employee Right of Purchase Program is one mechanism that the
Housing Trust is striving to establish in the final phase of the neighborhood. The $150,000 grant requested from the City of Bozeman will provide matching funds needed to encourage
employers to invest in this new program. Employers contributing capital will persuade developers
that they can viably build more workforce housing.
Bridger View neighborhood – June 2023
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Addressing Community Needs In the first two phases of the Bridger View neighborhood, Headwaters held weighted drawings to
select eligible buyers to purchase 21 below-market homes. Over 150 members of Bozeman’s
workforce entered each of these drawings.
The Housing Trust will sell an additional 10 below-market homes in Bridger View’s final phase with
the weighted drawing opening on July 17. Three of the homes have been earmarked for the
Employee Right of Purchase Program.
Headwaters Community Housing Trust has demonstrated with the Bridger View neighborhood
how future development in Bozeman can conserve land, water, and energy, protect water
quality, advance climate action, and build community. The Employee Right of Purchase
Program is vital as the Housing Trust seeks to help the City of Bozeman further expand its supply of permanently affordable homes.
Headwaters anticipates selling the homes by November 2023 and providing a detailed report on the grant’s positive impacts to the City of Bozeman by January 2024.
19
Memorandum
REPORT TO:City Commission
FROM:Danielle Garber, Associate Planner
Brian Krueger, Development Review Manager
Erin George, Community Development Deputy Director
Anna Bentley, Community Development Director
SUBJECT:Mayfly Townhomes Preliminary Plat application, to subdivide four (4) lots
platted with Norton East Ranch Phase 4 into forty-six (46) developable lots
for townhome and duplex structures with associated stormwater, open
space, easements, and right of way. Zoned R-4, and located northeast of the
corner of Fallon Street and South Laurel Parkway. Application 22310 (Quasi-
Judicial)
MEETING DATE:August 22, 2023
AGENDA ITEM TYPE:Community Development - Quasi-Judicial
RECOMMENDATION:Having reviewed and considered the application materials, public comment,
and all the information presented, I hereby adopt the findings presented in
the staff report for application 22310 and move to approve the subdivision
with conditions and subject to all applicable code provisions.
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:The Department of Community Development received a Preliminary Plat
Application on September 23, 2022 requesting to subdivide 5.478 acres to
create 30 townhouse lots, 16 two-household (duplex) lots, 4 open space lots,
and four alleys, named Anders Place, Archer (previously Betty) Lane, Seed
(previously Gray) Way, and Nye Place. The site is currently subdivided as a
part of Phase 4 of Norton Ranch East Subdivision as Block 11, Lots 1-4. Each
existing lot is about 1.375 acres and was originally subdivided to develop as
multi-household residential. The current owners are proposing to further
subdivide into smaller lots instead of develop the existing larger lots by site
plan. The property is currently wholly surrounded by existing subdivided,
zoned, and developed or developing land within City Limits. Surrounding
uses include townhomes, single household residential, and apartments. The
property was previously subdivided under Norton Ranch East Phase 4 and
that plat was recorded on April 22, 2020.
20
On June 30, 2023 the Development Review Committee (DRC) found the
application sufficient for continued review and recommends the conditions
and code provisions identified in the staff report. The subdivider did not
request any subdivision or zoning variances with this application. The
applicant requested and was granted waivers with the pre-application plan
review on June 9, 2022 for surface water, floodplains, vegetation, wildlife,
agriculture, agricultural water user facilities, neighborhood center plan,
miscellaneous, and affordable housing. Please see the staff report for
analysis of the remaining review criteria. The subject property is zoned R-4,
Residential High Density, and the underlying growth policy designation is
Urban Neighborhood.
This subdivision meets the criteria for review under 76-3-616 Montana Code
Annotated (MCA) - Exemption for Certain Subdivisions. This statute exempts
this subdivision from the public hearing requirement. Per BMC 38.240.100
the final decision for this preliminary plat must be made within 60 working
days from sufficiency, or by September 26, 2023.
The Community Development Board acting in their capacity as the Planning
Board considered compliance of the application with the growth policy on
August 7, 2023 at 6:00 pm. The video of the meeting will be on the City’s
streaming video archive when it becomes available. No public comment was
received. The board recommended approval of the application on a vote of
7-0 with Board members supportive of the growth policy’s goals for housing
stock diversity and missing middle housing.
Materials in the submittal relevant to the Planning Board’s duties include:
Application Documents
Application Plans
The application documents folder will contain the infrastructure reports
including water, sewer, stormwater, and traffic impacts, as well as
documentation to demonstrate compliance with Chapter 38 including
compliance with adopted standards required in BMC 38.220.060.
The application plans folder will contain the full plat set, as well as the
overall site plan, proposed landscaping plans, proposed utility designs, and
proposed alley plans.
UNRESOLVED ISSUES:None
ALTERNATIVES:1. Approve the application with the recommended conditions;
2. Approve the application with modifications to the recommended
conditions;
3. Deny the application based on the Commission’s findings of non-
compliance with the applicable criteria contained within the staff
report; or
21
4. Continue the public meeting on the application, with specific direction
to staff or the subdivider to supply additional information or to
address specific items.
FISCAL EFFECTS:Fiscal impacts are undetermined at this time, but will include increased
property tax revenues from new development, along with increased costs to
deliver municipal services to the property. Impact fees will be collected at
the time of building permit issuance for individual buildings along with City
sewer and water connection fees.
Attachments:
22310 CC Staff Report.pdf
Report compiled on: August 10, 2023
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Page 1 of 19
22310 Staff Report for theMayfly Townhomes Subdivision Preliminary Plat
Public Meeting/Hearing Dates:
Planning Board meeting - Monday, August 7, 2023 at 6:00 pm.
City Commission meeting will be held Tuesday, August 22, 2023 at 6:00 pm
Project Description: A preliminary plat requesting to subdivide four large lots into a 46 lot
major subdivision for townhomes and two-household dwellings (duplexes) in Norton
East Ranch Phase 4. The subdivision proposes to create 62 homes comprised of 30
townhome units and 32 duplex units, as well as four open space parcels to facilitate
pedestrian access and lot frontage.
Project Location: The property is described as Lots 1-4 of Block 11, Norton Ranch East
Subdivision Phase 4, located northeast of the corner of Fallon Street and South Laurel
Parkway.
Staff Finding: The application conforms to standards and is sufficient for approval with
conditions and code provisions.
Recommended City Commission Motion: Having reviewed and considered the application
materials, public comment, and all the information presented, I hereby adopt the findings
presented in the staff report for application 22310 and move to approve the subdivision
with conditions and subject to all applicable code provisions.
Report Date: July 31, 2023
Staff Contact: Danielle Garber, Associate Planner
Cody Flammond, Project Engineer
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
This report is based on the application materials submitted and public comment received to date.
The application materials are available in the City’s Laserfiche archive and may be accessed
through the Community Development viewer as well. No public comments have been received
as of the writing of this report. Should written public comments be received they will be included
in the City’s Laserfiche archive and available to the public.
Unresolved Issues.
There are no unresolved issues with this application.
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22310 Staff Report for Mayfly Townhomes Subdivision Page 2 of 19
Project Summary
The Department of Community Development received a Preliminary Plat Application on
September 23, 2022 requesting to subdivide 5.478 acres to create 30 townhouse lots, 16 two-
household (duplex) lots, 4 open space lots, and four alleys, named Anders Place, Archer
(formerly Betty) Lane, Seed (formerly Gray) Way, and Nye Place. The site is currently
subdivided as a part of Phase 4 of Norton Ranch East Subdivision as Block 11, Lots 1-4. Each
existing lot is about 1.375 acres and was originally subdivided to develop as multi-household
residential. Each of the named alleys will provide vehicular access to the site from these existing
streets: Fallon Street, South Laurel Parkway, Mayfly Street, and Pond Lily Drive. Pedestrian
access and frontage for some of the proposed lots will be via two north-south sidewalks proposed
to run through the 4 open space lots, as well as direct frontage on the existing surrounding public
streets. The property is currently wholly surrounded by existing subdivided, zoned, and
developed or developing land within City Limits. The property was previously subdivided under
Norton Ranch East Phase 4. That plat was recorded on April 22, 2020. The property is zoned R-
4.
On June 30, 2023 the Development Review Committee (DRC) found the application sufficient
for continued review and recommends the conditions and code provisions identified in this
report.
The subdivider did not request any subdivision or zoning variances with this application. The
City did not receive any written public comment on the application as of the writing of this
report.
This subdivision review is subject to 76-3-616 Montana Code Annotated (MCA). The final
decision for this preliminary plat must be made by September 26, 2023.
Community Development Board
The Community Development Board acting in their capacity as the Planning Board considered
compliance of the application with the growth policy on August 7, 2023 at 6:00 pm. The video of
the meeting will be on the City’s streaming video archive when it becomes available. No public
comment was received. The board recommended approval of the application on a vote of 7-0 with
Board members supportive of the growth policy’s goals for housing stock diversity and missing
middle housing.
Alternatives
1. Approve the application with the recommended conditions;
2. Approve the application with modifications to the recommended conditions;
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Continue the public meeting on the application, with specific direction to staff or the
subdivider to supply additional information or to address specific items.
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22310 Staff Report for Mayfly Townhomes Subdivision Page 3 of 19
TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 1
Unresolved Issues. .............................................................................................................. 1
Project Summary ................................................................................................................. 2
Community Development Board ........................................................................................ 2
Alternatives ......................................................................................................................... 2
SECTION 1 – MAP SERIES .......................................................................................................... 4
SECTION 2 – REQUESTED VARIANCES ................................................................................. 7
SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL ............................................ 7
SECTION 4 – CODE REQUIREMENTS ..................................................................................... 7
SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS .............................................. 9
SECTION 6 – STAFF ANALYSIS and findings ......................................................................... 10
Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC. .......................... 10
38.220.060 Documentation of compliance with adopted standards ................................. 13
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 16
APPENDIX B – DETAILED PROJECT DESCRIPTION .......................................................... 17
APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 18
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 18
FISCAL EFFECTS ....................................................................................................................... 18
ATTACHMENTS ......................................................................................................................... 18
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22310 Staff Report for Mayfly Townhomes Subdivision Page 4 of 19
SECTION 1 – MAP SERIES
Exhibit 1 – Zoning
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Page 5 of 19
Exhibit 2 – Community Plan 2020 Future Land Use
27
Page 6 of 19
Exhibit 3 – Preliminary Plat
Exhibit 4 – Landscaping Plan
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Page 7 of 19
SECTION 2 – REQUESTED VARIANCES
The subdivider did not request any subdivision or zoning variances with this preliminary plat
application.
SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this
report. These conditions are specific to this project.
Recommended Conditions of Approval:
1. The final plat must conform to the standards of the Montana Subdivision and Platting Act
and Bozeman Municipal Code.
2. The applicant must provide and file with the County Clerk and Recorder's office executed
Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) on City
standard form for the following:
a. Street improvements to South Laurel Parkway from Vaughn Drive to Huffine
Lane.
b. Street improvements to Fallon Street from North Cottonwood Road to South
Eldorado Avenue.
c. Intersection improvements at South Cottonwood Road and West Babcock Street.
d. Intersection improvements at Fallon Street and South Cottonwood Road.
e. Intersection improvements at South Laurel Parkway and West Babcock Street.
f. Intersection improvements at Fallon Street and South Laurel Parkway.
g. Intersection improvements at South Laurel Parkway and Huffine Lane.
The document filed must specify that in the event an SID is not utilized for the
completion of these improvements, the developer agrees to participate in an alternate
financing method for the completion of the improvements on a fair share, proportionate
basis as determined by square footage of property, taxable valuation of the property,
traffic contribution from the development, or a combination thereof. The applicant must
provide a copy of the filed SID waiver prior to final plat approval.
SECTION 4 – CODE REQUIREMENTS
1. Sec. 38.100.080 – Compliance with regulations required.
The applicant is advised that unmet code provisions, or code provisions that are not
specifically listed as conditions of approval, does not, in any way, create a waiver or other
relaxation of the lawful requirements of the Bozeman Municipal Code or state law.
2. Sec. 38.410.060. - Easements.
a. All Easements indicated below must be provided on city standard easements
templates. Drafts must be prepared for review and approval by the city. Signed
hard copies of the easements must be submitted to the City prior final plat
approval. The applicant may contact the review engineer to receive standard
templates.
b. The applicant must provide a ten foot utility easement (power, gas,
communication, etc.) along the developments property frontage.
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22310 Staff Report for Mayfly Townhomes Subdivision Page 8 of 19
c. The applicant must provide a ten-foot wide drain tile maintenance easement along
the drain tile alignment on the subject property prior to final plat approval.
d. Public access easements are required for the two north-south pedestrian walks
proposed to mitigate block length and facilitate frontage for interior lots.
e. The final plat must provide all necessary utility easements and they must be
described, dimensioned and shown on each subdivision block of the final plat in
their true and correct location.
3. Sec. 38.410.130 - Water adequacy. Compliance with the water adequacy code section
must be achieved prior to final plat approval. The Cash-in-lieu of water rights (CILWR)
fee for the project must be finalized and paid prior final plat approval. As the open space
lots are proposed to be irrigated using an exempt groundwater well, the CILWR fee can
be finalized until a determination is provided from the DNRC confirming the allowance
of the well.
4. Sec. 38.400.070 - Subdivision lighting special improvement lighting district (SILD).
SILD information must be submitted to the City and the district formed after preliminary
plat approval in hard copy and digital form. Any final plat application will not be deemed
complete until the resolution to create the SILD has been approved by the City
Commission. The initial adoption of the special improvement lighting district shall
include the entire area of the preliminary plat. The approval to create or annex to an
existing SILD must be granted prior to final plat approval.
5. Sec. 38.240.410 through 38.240.540. Plat certificates. The language contained in the
certificates on the plat must follow the language in the corresponding certificates.
a. The Director of Public Works no longer exists, the applicable plat certificates will
need to be updated to Director of Transportation and Engineering with final plat.
b. The dedication block lists parks and playgrounds that this subdivision is not
providing. These must be removed from the dedication for final plat.
c. The Certificate Accepting Cash Donation In-Lieu of Land Dedication must be
added to the final plat.
6. DSSP Sections IV.H and IV.J. Mid-block crosswalks with proper lighting, pedestrian
ramps, and striping shall be installed at all locations where pathways will cross the
adjacent streets prior to final plat approval.
7. Sec. 38.270.070 Traffic impacts. The applicant has indicated in the traffic impact study
(TIS) that the Fallon Street and Cottonwood Road intersection will fall below the level of
service standards defined in BMC 38.400.060 and the intersection will require
improvements. These improvements are scheduled within three years in the City's Capital
Improvements Plan (Project A & C012) and are eligible for payment of cash-in-lieu of
capital facilities. Prior to final plat approval, the applicant must pay the development's
proportionate share of the improvements' costs.
8. DSSP Section V.D. The applicant must provide adequate water and sewer easement
around the fire hydrant so that the hydrant is no less than nine feet from the easement
boundary. The applicant must label the easement on the plat and provide the easement
dedication prior to final plat approval.
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22310 Staff Report for Mayfly Townhomes Subdivision Page 9 of 19
9. Sec. 38.420.030 Cash donation-in-lieu of land dedication. The applicant must update
the parkland tracking table to reflect the appraisal value in effect at the time of final plat
application.
10. Sec. 38.220.070 Final plat notations. Among others the final plat must contain the
following notations on the conditions of approval sheet.
d. Due to known high groundwater conditions in the area no basements will be
permitted with future development of the site. No crawl spaces will be permitted
with future development of the site, unless a professional engineer registered in
the State of Montana certifies that the lowest point of any proposed structure is
located above the seasonal high groundwater level and provide supporting
groundwater data prior to the release of building permit. In addition, sump pumps
are not allowed to be connected to the sanitary sewer system. Sump pumps are
also not allowed to be connected to the drainage system unless capacity is
designed into the drainage system to accept the pumped water. Water from sump
pumps may not be discharged onto streets, such as into the curb and gutters where
they may create a safety hazard for pedestrians and vehicles.
e. Homes on corner lots shall have the same orientation as homes on the interior of
the block. Lots fronting open space shall have building fronts facing the open
space per Sec. 38.410.030.
f. Plat note 6 must be revised to match the updated language in Sec. 38.270.060.D.2
Improvements and securities. The length of time for improvements agreements
for public sidewalks must not exceed one year from the date of final plat approval
11. Sec. 38.220.300 and 310 Property owners’ association. Property owners’ association
(POA) documents including covenants must be provided with the final plat prior to being
finalized and recorded. The POA documents must include the requirements of BMC
38.220.300, 310, and 320 where applicable.
SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS
The Development Review Committee (DRC) determined the application was sufficient for
continued review and recommended approval with conditions on June 30, 2023.
Planning Board meeting was held Monday, August 7, 2023 at 6:00 pm at 121 N Rouse in the
City Commission chambers. The board voted to recommend approval of the application.
City Commission meeting will be held Tuesday, August 22, 2023 at 6:00 pm at 121 N Rouse in
the City Commission chambers.
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22310 Staff Report for Mayfly Townhomes Subdivision Page 10 of 19
SECTION 6 – STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application materials,
municipal codes, standards, plans, public comment, and all other materials available during the
review period. Collectively this information is the record of the review. The analysis in this
report is a summary of the completed review.
Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC.
In considering applications for subdivision approval under this title, the advisory boards and City
Commission shall consider the following:
1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and
Platting Act
The preliminary plat was prepared in accordance with the surveying and monumentation
requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered
in the State of Montana. As noted in the code requirements, the final plat must comply with State
statute, Administrative Rules of Montana, and the Bozeman Municipal Code.
2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana
Subdivision and Platting Act
The final plat must comply with the standards identified and referenced in the Bozeman
Municipal Code. The subdivider is advised that unmet code provisions, or code provisions not
specifically listed as a condition of approval, do not, in any way, create a waiver or other
relaxation of the lawful requirements of the Bozeman Municipal Code or State law. Sections 3
and 4 of this report identify conditions and code provisions necessary to meet all municipal
standards. The listed code requirements address necessary documentation and compliance with
standards. Therefore, upon satisfaction of all conditions and code corrections the subdivision will
comply with the subdivision regulations.
3) Compliance with the local subdivision review procedures provided for in Part 6 of the
Montana Subdivision and Platting Act
The Bozeman Planning Board public meeting and City Commission public meeting were
properly noticed in accordance with the Bozeman Municipal Code. Based on the
recommendation of the Development Review Committee (DRC) and other applicable review
agencies, as well as any public testimony received on the matter, the City Commission will make
the final decision on the subdivider’s request.
The subdivider requested review of this subdivision under the terms of 76-3-616 MCA as
authorized in 38.240.100.
The Department of Community Development received a preliminary plat application on
September 23, 2022. The DRC reviewed the preliminary plat application and determined the
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22310 Staff Report for Mayfly Townhomes Subdivision Page 11 of 19
submittal did not contain detailed, supporting information that was sufficient to allow for the
continued review of the proposed subdivision on November 30, 2022.
A revised application was received on January 3, 2023. The DRC found that the revised
information was still not sufficient for continued review on January 31, 2023.
A revised application was received on February 14, 2023. The DRC found that the revised
information was still not sufficient for continued review on March 14, 2023.
A revised application was received June 6, 2023. The DRC determined the application was
adequate for continued review on June 30, 2023 with recommended conditions of approval and
code corrections.
The City scheduled public notice for this application to begin on Monday, July 17, 2023. The
applicant sent public notice to adjacent landowners of record within 200-feet of the subject
property via first class mail and posted two notice boards on the site on July 14, 2023. No public
comment had been received on this application as of the writing of this report.
July 31, 2023 this major subdivision staff report was completed and forwarded with a
recommendation of conditional approval for consideration to the Planning Board.
The Community Development Board acting in their capacity as the Planning Board considered
compliance of the application with the growth policy on August 7, 2023 at 6:00 pm. No public
comment was received. The board recommended approval of the application on a vote of 7-0, and
provided comments supporting staff findings that the applications furthers the goals of the 2020
Community Plan, specifically those related to attached and “missing middle” housing.
4) Compliance with Chapter 38, BMC and other relevant regulations
Community Development staff and the DRC reviewed the preliminary plat against all applicable
regulations and the application complies with the BMC and all other relevant regulations with
conditions and code corrections. This report includes Conditions of Approval and required code
provisions as recommended by the DRC for consideration by the City Commission to complete
the application processing for final plat approval. All municipal water and sewer facilities will
conform to the regulations outlined by the Montana Department of Environmental Quality and
the requirements of the Design Standards and Specifications Policy and the City of Bozeman
Modifications to Montana Public Works Standard Specifications.
Water/sewer – Water capacity exists to serve the subdivision. The proposed water system will tie
into existing mains installed during different phases of the North East Ranch Subdivision. The
water system will be looped into the City system via extensions through the alley right of ways.
Waste water is proposed to flow north and west down the proposed alleys to tie into existing
sanitary sewer infrastructure in South Laurel Parkway. Peak sewer flow rates and designs were
reviewed by the Engineering Division to ensure adequate capacity and design compliance.
Easements – The applicant is required to provide all necessary public and private easements on
City standard easement templates with the final plat application to facilitate services to and
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22310 Staff Report for Mayfly Townhomes Subdivision Page 12 of 19
through the subdivision. These include easements for ten-foot private utility easements along the
front of each lot, a 10-foot wide drain tile easement, and public access easements along the two
north-south pedestrian walks.
Parks – A developed park sits directly across May Fly Street to the north of the proposed
subdivision. Parcels along the north edge of the subdivision will have front doors facing this
park. The subject property is also within ¼ mile of 4 other public parks in the Norton Ranch
neighborhood. With the Phase 4 plat of Norton Ranch Subdivision 1.31 acres of parkland
remains allocated for the subject property (Block 11). The total parkland obligation for the
development is 1.51 acres. Cash-in-Lieu of parkland is proposed to meet the additional
dedication of 0.20 acres, this is estimated at $19,740.02. A final valuation will be required at the
time of final plat prior to payment of the required cash-in-lieu. Parks planners reviewed the CIL
proposal and found it to be consistent with Resolution 4784.
Stormwater – The subdivision will construct stormwater facilities to conform to municipal code.
Stormwater runoff is proposed to be collected by the proposed alleys and conveyed to existing
storm drain inlets and one new inlet on Pond Lily Drive via the surrounding curb and gutter
system. The runoff will move through storm sewer system pipes to the existing detention ponds
constructed with the first phase of Norton Ranch Subdivision. Phase 4 of Norton Ranch
expanded the size of the ponds to receive runoff from the subject property, an additional
expansion with this development is proposed to match required stormwater capacity with known
development. Peak runoff rates were provided by the applicant and reviewed by the Engineering
Division to ensure capacity in the existing detention basins.
Police/Fire – The area of the subdivision is within the service area of both these departments. No
concerns on service availability have been identified. Proposed street names and addresses have
been reviewed by the Fire Department, GIS, and the 911 center.
5) The provision of easements to and within the subdivision for the location and installation
of any necessary utilities
The final plat will provide and depict all necessary utilities and required utility easements. Code
requirement No. 2 requires that all easements, existing and proposed, must be accurately
depicted and addressed on the final plat and in the final plat application. Public utilities are
located within dedicated alley right of way.
6) The provision of legal and physical access to each parcel within the subdivision and the
notation of that access on the applicable plat and any instrument transferring the parcel
The final plat will provide legal and physical access to each parcel within the subdivision. All of
the proposed lots will have frontage on public streets or a greenway corridor constructed to City
standards with lot frontage meeting minimum standards shown on the preliminary plat. Four
named alleys are proposed to provide vehicular access to all proposed lots. Pedestrian access is
proposed through a combination of public street frontage and greenway corridors as permitted
under BMC 38.400.090.B.2.c.
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22310 Staff Report for Mayfly Townhomes Subdivision Page 13 of 19
38.220.060 Documentation of compliance with adopted standards
The Development Review Committee (DRC) completed a subdivision pre-application plan
review on June 9, 2022 and no variances were requested. The applicant requested and was
granted waivers for Surface Water, Floodplain, Vegetation, Wildlife, Agriculture, Agricultural
Water User Facilities, Neighborhood Center Plan, Miscellaneous, and Affordable Housing.
Staff offers the following summary comments on the documents required with Article
38.220.060, BMC.
38.220.060.A.1 – Surface water
No existing streams or surface water features are located within or adjacent to the proposed
subdivision. The requirement for surface water documentation was waived.
38.220.060.A.2 - Floodplains
No mapped 100-year floodplains impact the subject property. The requirement for a floodplain
report was waived.
38.220.060.A.3 - Groundwater
A geotechnical site evaluation was completed between April 2022 and August 2022 and included
two test pits, indicating groundwater at depths ranging from 2.5 feet to 4 feet over time. A
condition of approval will restrict the construction of basements. No crawl spaces will be
permitted with future development of the site, unless a professional engineer registered in the
State of Montana certifies that the lowest point of any proposed structure is located above the
seasonal high groundwater level and provide supporting groundwater data prior to the release of
building permit.
38.220.060.A.4 - Geology, Soils and Slopes
This subdivision will not significantly impact the geology, soils or slopes. No significant
geological features or slopes exist on the site.
38.220.060.A.5 - Vegetation
This subdivision will not significantly impact vegetation. The subject parcels are surrounded by
city streets and graded for development. The requirement for a vegetation map and protective
measures was waived.
38.220.060.A.6 - Wildlife
This subdivision will not significantly impact wildlife. A waiver for wildlife was granted during
the Pre-Application process. The subject parcels are surrounded by city streets and developed
areas.
38.220.060.A.7 - Agriculture
This subdivision will not impact agriculture. A waiver for agriculture was granted during the
Pre-Application process.
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38.220.060.A.8 - Agricultural Water User Facilities
This subdivision will not impact agricultural water user facilities. No irrigation facilities are
present on the lots. No water body alterations are proposed.
38.220.060.A.9 - Water and Sewer
The subdivision will not significantly impact city water and sewer infrastructure. Water and
sewer improvements will be designed to meet City of Bozeman Standards and State Department
of Environmental Quality Standards and Regulations. See discussion above under primary
review criteria.
38.220.060.A.10 - Stormwater Management
The subdivision will not significantly impact stormwater infrastructure. See discussion above
under primary review criteria.
38.220.060.A.11 - Streets, Roads and Alleys
The subdivision will not significantly impact the City’s street infrastructure. No new streets are
proposed with the subdivision. Access to the existing street grid is proposed from all 4
surrounding streets via the proposed alleys. This proposed subdivision will include City standard
sidewalks around its perimeter, and two north-south pedestrian paths through the development to
facilitate pedestrian access. These pathways are required by code provisions to have public
access easements to ensure legal pedestrian movement through the site to nearby parks and trails.
A traffic impact study (TIS) was prepared in November 2022 for the Urban Farm Subdivision to
the south and included the subject property. An additional traffic impact letter (TIL) was
prepared in July 2022 with trip generation estimates and analysis to support the inclusion of the
drive access from South Laurel Parkway, classified as a collector street, 110-feet from the
intersection of May Fly Street, as well as additional traffic figures, and capacity and level of
service analysis. The City’s reviewing engineer reviewed both for compliance with city
standards and methods and assessed impacts. A waiver of right to protest creation of special
improvement districts (SID’s) is a required condition of approval and will ensure proportional
contribution by the subject property for future road and intersection improvements to South
Laurel Parkway, Fallon Street, South Cottonwood Road and West Babcock Street. A code
provision also requires payment into the City’s Capital Improvements Plan (CIP) fund to ensure
improvements of the Fallon Street and Cottonwood Road intersection, which is anticipated to fall
below the level of service standards defined in BMC 38.400.060 and the intersection will require
improvements. These improvements are scheduled within three years in the CIP (Project
A&C012) and are eligible for payment of cash-in-lieu of capital facilities. Prior to final plat
approval, the applicant must pay the development's proportionate share of the improvements'
costs.
38.220.060.A.12 – Non-Municipal Utilities
The applicant has received confirmation of future service from Northwestern Energy and internet
providers.
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38.220.060.A.13 - Land Use
The subdivision will not significantly impact land use. The proposed subdivision will create lots
to accommodate townhomes and two-household dwellings (duplexes). These uses are existing in
the neighborhood and principle uses in the R-4 zoning district.
38.220.060.A.14 - Parks and Recreation Facilities
This proposed subdivision will be required to provide cash-in-lieu of parkland as determined by
the Parks Department. Because this is an infill development of only 5.48 acres, there is not
adequate land within the subject property to accommodate a beneficial park. There are several
parks in the Norton Ranch park system that are within a 10 minute walk from the proposed
development and one park immediately adjacent.
38.220.060.A.15 - Neighborhood Center Plan
The subdivision was granted a waiver to the neighborhood center plan requirement during Pre-
Application review. This project will not be providing a neighborhood center due to the
relatively small size of the development area.
38.220.060.A.16 - Lighting Plan
This subdivision will not significantly impact lighting. Perimeter street lights will be installed.
The applicant is required to install lighting at mid-block pedestrian crossings. All new public
lighting must be annexed into an existing special improvement lighting district (SILD) or a new
SILD must be created prior to final plat approval.
38.220.060.A.17 - Miscellaneous
The proposed subdivision is not located within 200 feet of any public land access or within a
delineated Wildland Urban Interface area. No health or safety hazards on-site or off-site will be
created with this development. Documentation for this code section was waived during Pre-
Application review.
38.220.060.A.18 - Affordable Housing
This application does not rely on incentives authorized in 38.380. Therefore, no analysis is
required.
38.220.060.A.19 – Adopted Growth Policy
This proposal furthers the adopted growth policy. The subdivision is zoned R-4 which anticipates
residential development at this scale. Refer to Appendix A below, Project Site Zoning and
Growth Policy for further discussion on the adopted growth policies this proposal supports.
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APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The subject property is zoned R-4, Residential High Density District. 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.
Adopted Growth Policy Designation:
Table 4 of the Bozeman Community Plan 2020 shows the correlation between future land use
map designations and implementing zoning districts. (See below for the Table)
The subject property is designated as Urban Neighborhood. This category primarily includes
urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single
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type of housing are discouraged. In limited instances, an area may develop at a lower gross
density due to site constraints and/or natural features such as floodplains or steep slopes.
Complementary uses such as parks, home-based occupations, fire stations, churches, schools,
and some neighborhood-serving commerce provide activity centers for community gathering and
services. The Urban Neighborhood designation indicates that development is expected to occur
within municipal boundaries. This may require annexation prior to development.
This proposed subdivision is well-suited to implement the Urban Neighborhood designation by
providing lots that will support a variety of housing types including townhouses, and duplex
units in an existing partially developed and developing residential area with surrounding
apartments, detached single homes, and townhomes constructed and proposed. The townhouse
and two-household lots will support construction of “missing middle” housing which is
contemplated throughout the Bozeman Community Plan 2020 and add to a diverse stock of
housing in this area. The proposed subdivision is also located in a connected area with relatively
quick access to a variety of goods and services. The two north-south greenway corridors will not
only provide frontage to interior townhome lots, but will also allow pedestrian access from
developing neighborhoods to the south to existing parks and trails in Norton Ranch and beyond.
The proposed subdivision meets the following Bozeman Community Plan 2020 goals:
N-1.1 Promote housing diversity, including missing middle housing
N-1.10 Increase connectivity between parks and neighborhoods through continued trail and
sidewalk development. Prioritize closing gaps within the network.
APPENDIX B – DETAILED PROJECT DESCRIPTION
Project Background and Description
A preliminary plat application by the applicant, Hyalite Engineers, PLLC, 2304 N. 7th Ave.,
Suite L, Bozeman, MT 59715 representing the property owner Fallon First, LLC, PO Box
160250, Big Sky, MT 59716 was submitted on September 23, 2022.
This Preliminary Plat Application is requesting to subdivide 5.478 acres to create 30 townhouse
lots, 16 two-household (duplex) lots, 4 open space lots, and four alleys, named Anders Place,
Archer (previously Betty) Lane, Seed (previously Gray) Way, and Nye Place. The site is
currently subdivided as a part of Phase 4 of Norton Ranch East Subdivision as Block 11, Lots 1-
4. Each existing lot is about 1.375 acres and was originally subdivided to develop as multi-
household residential. The current owners are proposing to further subdivide into smaller lots
instead of develop the existing larger lots by site plan. The property is currently wholly
surrounded by existing subdivided, zoned, and developed or developing land within City Limits.
Surrounding uses include townhomes, single household residential, and apartments. The property
was previously subdivided under Norton Ranch East Phase 4 and that plat was recorded on April
22, 2020.
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On June 30, 2023 the Development Review Committee (DRC) found the application sufficient
for continued review and recommends the conditions and code provisions identified in the staff
report. The subdivider did not request any subdivision or zoning variances with this application.
The applicant requested and was granted waivers with the pre-application plan review on June 9,
2022 for surface water, floodplains, vegetation, wildlife, agriculture, agricultural water user
facilities, neighborhood center plan, miscellaneous, and affordable housing. The subject property
is zoned R-4, Residential High Density, and the underlying growth policy designation is Urban
Neighborhood.
This subdivision meets the criteria for review under 76-3-616 Montana Code Annotated (MCA) -
Exemption for Certain Subdivisions. This statute exempts this subdivision from the public
hearing requirement. Per BMC 38.240.100 the final decision for this preliminary plat must be
made within 60 working days from sufficiency, or by September 26, 2023.
APPENDIX C – NOTICING AND PUBLIC COMMENT
Notice was provided at least 15 and not more than 45 days prior to the City Commission public
meeting per BMC 38.220.420. The applicant posted public notice on the subject property on July
14, 2023. The applicant sent public notice to all other landowners of record within 200-feet of
the subject property via first class mail, on July 14, 2023.
As of the writing of this report no public comment has been received.
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF
Owner: Fallon First, LLC, PO Box 160250, Big Sky, MT 59716
Applicant: Hyalite Engineers, PLLC, 2304 N. 7th Ave., Suite L, Bozeman, MT 59715
Representative: Hyalite Engineers, PLLC, 2304 N. 7th Ave., Suite L, Bozeman, MT 59715
Report By: Danielle Garber, Associate Planner
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this subdivision.
ATTACHMENTS
Application materials – Available through the Laserfiche archive, the full file is linked below.
Application Documents
Application Plans
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The application documents folder will contain the infrastructure reports including water, sewer,
stormwater, and traffic impacts, as well as documentation to demonstrate compliance with
Chapter 38 including compliance with adopted standards required in BMC 38.220.060.
The application plans folder will contain the full plat set, as well as the overall site plan,
proposed landscaping plans, proposed utility designs, and proposed alley plans.
The full application and file of record can be viewed digitally by navigating to the City’s Project
Information Portal website, select the “Project Documents Folder” link and navigating to
application 22310, as well as digitally at the Community Development Department at 20 E.
Olive Street, Bozeman, MT 59715.
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Memorandum
REPORT TO:City Commission
FROM:Susana Montana, Senior Planner
Brian Krueger, Development Review Manager
Erin George, Deputy Director of Community Development
Anna Bentley, Director of Community Development
SUBJECT:South Range Crossing Major Subdivision Preliminary Plat Findings of Fact and
Order, Application 22390 (Quasi-Judicial)
MEETING DATE:August 22, 2023
AGENDA ITEM TYPE:Community Development - Quasi-Judicial
RECOMMENDATION:Having reviewed and considered the application materials, Planning Board
recommendation, public comment, staff report, and all the information
presented, I hereby adopt the Findings presented in the Findings of Fact and
Order staff report for application 22390 and move to approve the South
Range Crossing Major Subdivision Preliminary Plat with the condition of
approval and subject to all applicable code provisions.
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:
This is a 5-phase, 97-lot major subdivision of a 38.4-acre parcel. The 97 lots
consist of 8 commercial lots, 71 residential lots, 9 open space lots, 5
stormwater management lots and 4 park lots. Public streets and trails would
be provided. The residential lots would be developed as both for-sale
townhouses and “Build to Rent” smaller detached homes. The 7 commercial
lots would provide approximately 41,500 gross square feet (gsf) of space for
neighborhood-serving businesses, along with a parking lot in the center of
this commercial node.
The property is addressed as 1700 West Graf Street and is located at the
southeast corner of West Graf Street and South 19th Avenue and is zoned
REMU, Residential Emphasis--Mixed Use District.
The City Commission considered this application on August 1, 2023 and by a
4 to 0 unanimous vote approved the preliminary plat as well as the two
requested subdivision variances.
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UNRESOLVED ISSUES:None
ALTERNATIVES:None suggested
FISCAL EFFECTS:Fiscal impacts are undetermined at this time but will include increased
property tax from new development along with increased costs to provide
municipal services to those developments.
Attachments:
22390 South Range Crossing PP FOF CC Staff Report.docx
Report compiled on: August 3, 2023
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Page 1 of 56
City Commission Findings of Fact and Order Staff Report for the South
Range Crossing Major Subdivision Preliminary Plat; Application No. 22390.
Project Description:This is a 5-phase, 97-lot major subdivision of a 38.4-acre parcel. The 97
lots consist of 8 commercial lots, 71 residential lots, 9 open space lots, 5 stormwater management
lots and 4 park lots. Public streets and trails would be provided. The residential lots would be
developed as both for-sale townhouses and “Build to Rent” smaller detached homes. The 7
commercial lots would provide approximately 41,500 gross square feet (gsf) of space for
neighborhood-serving businesses, along with a parking lot in the center of this commercial node.
Project Location:The property is addressed as 1700 West Graf Street and is located at the
southeast corner of West Graf Street and South 19th Avenue and is zoned REMU, Residential
Emphasis—Mixed Use District.
Legal description: Lot 1 of Block 2 of the Yellowstone Theological Institute Minor
Subdivision No. 494 located in the NW ¼ and SW ¼ of S24, T2 S, R5 E, P.M.M., City of
Bozeman, Gallatin County, Montana.
Public Meeting Dates:
Planning Board public meeting was held Monday, July 3, 2023, at 6:00 pm.
City Commission public meeting was held Tuesday, August 1, 2023, at 6:00 pm
Both meetings took place in the Commission meeting room at City Hall, 212 N. Rouse Avenue,
Bozeman, MT. Electronic access to the meeting may be available as outlined on the published
agenda of the meeting.
City Commission public meeting on this Findings of Fact and Order report will be held
Tuesday, August 22, 2023, at 6:00 pm in the Commission meeting room at City Hall.
Development Review Committee (DRC) Recommendation: The application conforms to
standards and is sufficient for approval with conditions and code provisions.
The Community Development Board, acting as the Planning Board, reviewed and considered
this application at their July 3, 2023 meeting. By a 5 to 0 vote, the Board unanimously
recommended approval of the South Range Crossing Major Subdivision Preliminary Plat with
staff-recommended conditions and applicable code provisions. The link to the video of this
meeting can be found at the highlighted text.
July 3, 2023, Planning Board Recommended Motion:
“Having reviewed and considered the application materials, public comment, and all the
information presented, I hereby adopt the findings presented in the staff report for
application 23020 and move for the Community Development Board, in its capacity as the
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Preliminary Plat Page 2 of 56
Design Review Board, to recommend approval of the South Range Crossing Major
Subdivision Preliminary Plat with conditions and subject to all applicable code provisions.”
The City Commission reviewed and considered this application at their August 1, 2023, public
meeting. By a vote of 4 to 0, the Commission unanimously recommended approval of the South
Range Crossing Major Subdivision Preliminary Plat with staff-recommended conditions and
applicable code provisions. The link to the video of this meeting can be found at the highlighted
text.
There were some suggestions by Commissioners, the Mayor and Deputy Mayor to the Applicant
when considering the preparation of the Final Plat submittal; they included:
Encourage a variety of housing types and sizes to accommodate “missing middle”
households;
Include in the rental property management regulations and in the for-sale home CC&Rs a
prohibition on allowing the operation of “short-term rentals” within the subdivision;
Encourage native-species, drought-tolerant grasses and plantings within landscaped areas
within the subdivision;
Consider whether a stop sign at the “curve” of Richland Drive at Alder Creek Drive would
provide safer vehicular travel and provide better lines of sight; and
Incorporate sufficient land for one or more dog parks within the Park Master Plan,
anticipating the number of households within the 250 dwelling unit plus subdivision that
would have dogs.
August 1, 2023, City Commission Motion:
Having reviewed and considered the application materials, Planning Board
recommendation, public comment, staff report, and all the information presented, I hereby
adopt the findings presented in the staff report for application 22390 and move to approve
the South Range Crossing Major Subdivision Preliminary Plat with conditions and subject
to all applicable code provisions.
Report Date:August 3, 2023
Staff Contact: Susana Montana, Senior Planner
Simon Lindley, Project Engineer
Agenda Item Type:Consent (Quasi-judicial)
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Preliminary Plat Page 3 of 56
EXECUTIVE SUMMARY
This report is based on the application materials submitted and public comment received to date.
The application materials are available in the City’s Laserfiche archive at:22390 SRXing PP
application materials and may be accessed through the Community Development viewer as well.
No public comments have been received as of the writing of this report. Should written public
comments be received they will be included in the City’s Laserfiche archive and available to the
public.
Unresolved Issues.
There are no unresolved issues with this application other than the Section 3, conditions, and
Section 4, code provisions, required to meet State and Bozeman Municipal Code (BMC)
standards prior to final plat approval.
Project Summary
The subject parcel was annexed into the City on December 13, 2022 and was given a City zoning
designation of Residential Emphasis Mixed Use, REMU District (Project No. 22279). The
Community Development Department received a Preliminary Plat Application on December 22,
2022,requesting to subdivide the38.4-acre parcelinto 97 lots. The 97 lots consist of 8 commercial
lots, 71 residential lots, 9 open space lots, 5 stormwater lots and 4 park lots. Public streets and
trails would be provided. The 71 residential lots are expected to accommodate 250 to 285 dwelling
units which would be both rental and for-sale units. The 7 commercial lots are intended by the
Applicant to be occupied by neighborhood-serving businesses plus a parking lot to serve them.
The Site lies within the Meadow Creek Subdivision Signal, Water and Sewer Payback District.
The Development Review Committee (DRC) reviewed the December 22, 2022 application and
deemed it incomplete. The Applicant submitted revised applications on March 15, 2023 and May
19, 2023. On May 30, 2023, the Development Review Committee (DRC) found the May 19, 2023
application sufficient for public notification and review and for Planning Board review. The DRC
finds the application sufficient for approval with the conditions and code provisions identified in
this report.
The subdivider requests two City code variances/modifications with this application. The first is a
request for street access spacing modifications for four access points, per BMC 38.400.090.H, and
the second request is to modify the centerline radius at the corner of Alder Creek Drive and Street
Bper Table IV-2 of the Cityof Bozeman Design Standards and Specifications Policy, dated March
2004. Please see Section 2, Variances, of this report for details on those requests. On August 1,
2023 at the public hearing on this preliminary plat, the Commission approved those two variances
as part of the Findings and Motion.
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Preliminary Plat Page 4 of 56
The subdivider requested concurrent construction of public infrastructure with development of the
five phases of the subdivision (see page 9 of the Applicant’s Narrative in the Documents folder of
the Application materials via the link noted above). The REMU zoning requires submittal, review
and approval of a Master Site Plan (MSP) for this development prior to approval of development
of any of the lots within the subdivision. The MSP application, Project No. 23020, has been
submitted, reviewed, deemed adequate by the DRC for public notice and review by the Design
Review Board (DRB) concurrently with this Preliminary Plat (PP) application. On July 3, 2023,
the DRB reviewed the application and unanimously recommended conditional-approval of the
MSP to the Director. The Director has conditionally-approved the MSP with the conditions and
code provisions recommended by staff and the DRB.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 3
Unresolved Issues............................................................................................................... 3
Project Summary................................................................................................................. 3
SECTION 1 – MAP SERIES.......................................................................................................... 5
SECTION 2 – REQUESTED VARIANCES/CODE MODIFICATIONS................................... 14
SECTION 3 – RECOMMENDED CONDITION OF APPROVAL............................................ 17
SECTION 4 – CODE PROVISION REQUIREMENTS.............................................................. 17
SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS............................................ 22
SECTION 6 – STAFF ANALYSIS AND FINDINGS ................................................................ 23
Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC........................... 23
38.220.060 Documentation of Compliance with Adopted Standards .............................. 25
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 50
APPENDIX B – NOTICING AND PUBLIC COMMENT ......................................................... 55
APPENDIX C – OWNER INFORMATION AND REVIEWING STAFF................................. 55
FISCAL EFFECTS....................................................................................................................... 56
ATTACHMENT LINKS.............................................................................................................. 56
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Preliminary Plat Page 5 of 56
SECTION 1 –MAP SERIES
Figure 1 –Location Map
Figure 2 –Zoning Map (Site shown in red box)
REMU
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Preliminary Plat Page 6 of 56
Figure 3 -- Community Plan 2020 Future Land Use Designation (see Appendix A for details)
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Preliminary Plat Page 7 of 56
Figure 4 –Subdivision’s Proposed Land Uses
Detached rental houses
Townhomes/rowhouses or apartments
Commercial
Parks and Open Space/Stormwater
Facilities
LEGEND
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Preliminary Plat Page 8 of 56
Figure 5 –Preliminary Plat—west half
Commercial lots
Townhome lots Detached rental house lots
City Park lots
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Preliminary Plat Page 9 of 56
Figure 6 –Preliminary Plat—east half
Rental house lots
City Park lots
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Preliminary Plat Page 10 of 56
Figure 7 –Overall Parks Plan
[smaller lots are for townhomes for-sale;larger lots are for rental detached homes]
Red box indicates the required extension of S. 15th Avenue northward to W. Graf Street.
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Preliminary Plat Page 11 of 56
Figure 8 –City Park Lots in red
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Preliminary Plat Page 12 of 56
Figure 9 –Water Feature Map; Ditches shown with green lines
Middle Creek Ditch runs along S. 19th Avenue (see also pages 28 and 29)
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Preliminary Plat Page 13 of 56
Figure 10 –Subdivision Phasing Map
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Preliminary Plat Page 14 of 56
Figure 11 –Pedestrian Circulation Map
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Preliminary Plat Page 15 of 56
SECTION 2 – REQUESTED VARIANCES/CODE MODIFICATIONS
The subdivider requests two City code variances with this application. The first is a request
for access spacing modification for four access points per BMC 38.400.090.h and the second
is to modify the centerline radius at the curved corner of Alder Creek Drive and Street B
per Table IV-2 of the City’s Design Standards and Specifications Policy, dated March 2004.
1. Modification request for Access Spacing (BMC 38.400.090.H)
‘We are requesting an access modification to BMC item 38.400.090.H regarding the use
of shared approaches to Canter Avenue and Providence Drive (previously Street A). The
maximum number of dwelling units that exist within the Build-to-rent product is 16. These
units function as patio homes per the Trip Generation Manual (11th edition) Land Use
Code 210, which have a 5.35/unit average weekday rate and a 0.47/unit average evening
peak hour rate. This gives an expected trip generation for the largest module of 86 weekday
trips and 8 evening peak hour trips.
The current configuration of the units provides the most efficient design without
jeopardizing the public’s health, safety, and welfare. The accesses are located onto local
streets, and the shared paths are not expected to have sufficient traffic as described above,
which should not endanger the public. Therefore, we are requesting that the City of
Bozeman approve a modification for all those shared access proposed which do not meet
this spacing standard.”
City Response: The South Range Crossing preliminary plat application proposes to create non-
compliance with BMC 38.400.090 for the access spacing on a local street. The Applicant has
satisfied the access modification requirements in BMC 38.400.090.H and provided sufficient
documentation and reasoning to support the non-compliance. Based on the information provided
with this application, the Director of Transportation and Engineering and City staff support the
access modification request.
2. Modification request for Centerline Radius (Bozeman Design Standards Table IV-2)
“We are requesting a modification from the centerline radius or a local road standard for
Richland Drive (formerly Street B) as shown in Table IV-2 of the City of Bozeman Design
Standards and Specifications Policy (dated March 2004). The curve at approximately
Station 2+86 is intendedto function as 90-degree corner and shall not function as a standard
local road with a larger designspeed for navigational purposes, therefore it shall not require
a large centerline radius. This 90-degree configuration provides the most efficient use of
land without endangering public health, safety, and welfare. A slower traffic movement
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Preliminary Plat Page 16 of 56
will be preferable for this area as it is near two intersections with local roads and additional
proposed alley accesses. A turning movement exhibit was provided for a City of Bozeman
Fire Truck (SPH100 Aerial specifications) to show that the vehicle can safely navigate this
corner (see below image).”
“Furthermore, Richland Drive shall have stop control at the intersection with Canter
Avenue and at the intersection with Brookdale Drive. This route is not expected to carry
much traffic other than local traffic due to its configuration.
Therefore, we are requesting that the City of Bozeman approve a modification for the
centerline radius of Richland Drive at this corner.”
Figure 11 –Centerline Radius Modification Site
City Response: The South Range Crossing preliminary plat application proposes to create non-
compliance with Bozeman Design Standards Table IV-2 for the minimum centerline on a local
street. The Applicant has provided sufficient documentation and reasoning to support the non-
compliance. Based on the information provided with this application, the Director of
Transportation and Engineering and City staff support the centerline radius deviation request.
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SECTION 3 – RECOMMENDED CONDITION OF APPROVAL
Please note that this condition is in addition to any required code provisions identified in this
report. This condition is specific to this project.
1.Payback Districts. The subject property is located within the Meadow Creek Subdivision
Signal, Water and Sewer payback district boundaries. If the subject property did not
participate in the original cost of construction of improvements the subject property will
be accessed a payback charge prior to Final Plat approval. Reference documents:
https://weblink.bozeman.net/WebLink/ElectronicFile.aspx?dbid=0&docid=181718&
https://weblink.bozeman.net/WebLink/ElectronicFile.aspx?dbid=0&docid=181719&
https://weblink.bozeman.net/WebLink/ElectronicFile.aspx?dbid=0&docid=129437&
SECTION 4 – CODE PROVISION REQUIREMENTS
1.Sec. 38.100.080 – Compliance with regulations required.
The Applicant is advised that unmet code provisions, or code provisions that are not
specifically listed as conditions of approval, does not, in any way, create a waiver or other
relaxation of the lawful requirements of the Bozeman Municipal Code or State law.
2.BMC 38.400.010 – Streets, and 38.400.110, Fire and Emergency Services Access.
a. South 19th Avenue must be widened to a principal arterial standard (including
lighting) along the western edge of the subject property according to the City's
Transportation Master Plan (TMP);
b. A 10-foot shared use path must also be constructed along South 19th Avenue
adjacent to the subject property according to the PROST Plan and TMP;
c.South 15th Avenue must be constructed to a local street standard (including
lighting and stormwater) with 60-feet of right-of-way from Brookdale Drive to W.
Graf Street prior to future development on Block 2, Lot 3; and
d. There must be no parking on the alleys serving both townhouse lots and the lots
with detached houses in order to assure access for garbage trucks, fire engines and
other emergency service vehicles.
3.BMC38.410.130. Water Adequacy. The proposed subdivision will need to satisfy the
City’s water adequacy code requirement prior to final plat approval. If sufficient water
rights cannot be provided to offsets the development's annual demand, then a cash-in-lieu
of water rights (CILWR) payment will be required. If the developer owns water rights or
shares in an irrigation company (i.e., Middle Creek User Association), please contact Brian
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Preliminary Plat Page 18 of 56
Heaston (bheaston@BOZEMAN.NET) in the Engineering Department for an evaluation
of the rights. For the CILWR fee determination please contact Griffin Nielsen
(gnielsen@BOZEMAN.NET ) in the Engineering Department. CILWR fees for all multi-
family, rowhouse, and commercial lots will be deferred until future development. A note
must be included on the final plat list providing notice of the future development
requirement and list each lot that has been deferred. The CILWR fee will be required for
all townhome lots. Thepre-determination from the DNRC, demonstrating that the proposed
use of groundwater wells to supply the irrigation demand to parks open space may be
permitted under Montana’s exempt appropriation prior to the finalization of the CILWR
fee determination. If allowed the water rights must be transferred to the correct owner (City
of Bozeman for Park and the POA for the Open Space). After the irrigation systems are
installed and put to use prior to filing the 602 forms with the DNRC the City must review
the verify the information on the form and the correct ownership is listed, please see the
Parks Department comments for additional details. The property deeds must correctly note
the transfer of the water rights.
4.BMC 38.270.030.D.2 – Concurrent Construction Improvements Agreement.
a. The property owner must enter into an improvements agreement to ensure the
installation of required infrastructure and other applicable improvements, to be secured
by any security or securities found in Section 38.270.080. If a financial security is used,
the amount will be determined by the City and in an amount not less than 150 percent
of the cost of the improvements verified against City publicly bid unit prices, where
such are available. If no publicly bid unit prices are available, any cost estimate
acceptable to the City may be used. The security must be in the name of the City and
must be at least six months longer than the time of performance allowed/required by
the improvements agreement.
b.BMC 38.270.030.D.4 – Infrastructure Improvements. Approval of the final
engineering design, including location and grade, for any public infrastructure must be
obtained from the City Engineering Department, and the Montana Department of
Environmental Quality when applicable, prior to issuance of any building permit for
the development.
c.BMC 38.270.030.D.6 – Liability Insurance. The developer must provide and maintain
hazard and commercial general liability insurance. Insurance policies must not be
canceled without at least 45 days prior notice to the City. The commercial general
liability policy must name the City as an additional insured. The developer must furnish
evidence, satisfactory to the City, of all such policies and the effective dates thereof.
d.BMC 38.270.030.D.11 –Indemnification. The developer must execute a hold harmless
and indemnification agreement indemnifying, defending and holding harmless the
City, its employees, agents and assigns from and against any and all liabilities, loss,
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claims, causes of action, judgments and damages resulting from or arising out of the
issuance of a building permit under this section.
e.BMC 38.240.450.A – Completion of Public Improvements Statement. Where
improvements are to be installed prior to final plat approval, the final plat subdivision
must contain a certificate of completion of public improvements. The certificate must
list all completed and accepted improvements.
5.BMC 38.400.070 - Street Lighting. The required public streetlight(s) must be included in
a Special Improvement Lighting District (SILD), in accordance with the City of Bozeman
Lighting and Electrical Specifications, prior to final plat approval.
6.BMC 38.410.060 – Easements.
All easements indicated below must be provided on City standard easements templates.
Drafts must be prepared for review and approval by the City. Signed hard copies of the
easements must be submitted to the City prior to construction and/or final plat approval,
whichever is sooner. The Applicant may contact the review engineer to receive standard
templates.
Required Easements: 10-foot wide Public Utility Easements; 20-foot-wide Trail Easement
along South 19th Avenue; 10-foot-wide Public Street and Utility Easement along South
19th Avenue; 60-foot-wide Public Street and Utility Easement; 30-foot-wide Water and
Sewer Pipeline Access Easement; and the 30-foot-wide Storm Drainage Easement.
All easements, existing and proposed, must be accurately depicted and addressed on the
final plat and in the final plat application. Public utilities are to be located within dedicated
street rights-of-way (ROW).
7.BMC 38.400.110. Pedestrian Circulation.Sidewalks shall be provided along all park
and open space lots as part of the subdivision infrastructure.
8.BMC 38.220.020.A - Streambed, Streambank, and/or Wetlands Permits.
The Applicant must contact the Gallatin County Conservation District, Montana
Department of Environmental Quality, and U.S. Army Corps of Engineers regarding the
proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.). Any
required permits must be obtained by the Applicant and provided to the Community
Development Department prior to construction and/or final plat approval, whichever is
sooner. A permission form from the Middle Creek Ditch owner and downstream water user
must be provided to modify a ditch. Ditches must follow historical drainage.
9.Sec. 410.060.D.1 Agricultural Water User Easements.Prior to final plat approval, the
Applicant must establish an agricultural water user facility easement for the Middle Creek
Ditch traversing the western boundary of the Site as well as one for the existing ditch
laterals traversing the southern and eastern boundaries of the Site or provide sufficient
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information pursuant to Sec. 38.410.060.D.5 to allow for removal of these former ditch
laterals from the Site. The Natural Streambed and Land Preservation Act, also known as
"The 310 Law" is administered by the Conservation Districts. The purpose of the 310 law
is to keep rivers and streams in as natural or existing condition as possible, to minimize
sedimentation, and to recognize beneficial uses. The determination by the GSD that
Middle Creek Ditch requires a 310 Permit does not mean the waterway is deemed a
“watercourse” per the definition of the BMC and, therefore, requiring a 50-foot
watercourse setback. Section 38.700.210 definition of watercourse specifically excludes
“any facility created exclusively for the conveyance of irrigation water or stormwater.”
The proposed development will “cross” the ditch in two locations to extend Southbridge
Drive and Brookdale Drive within the Site westward to S. 19th Avenue. The development
will also realign the ditch along the Site’s western boundary to allow the widening of S.
19th Avenue on its east side. Those impacts to the ditch would be addressed in the 310
Permit application. The location of the realignment, the restoration of vegetation and
similar features of the ditch must be addressed in the infrastructure plan for the subdivision
and in the site plan for any lot abutting S. 19th Avenue.
The Applicant must provide with the infrastructure plan written permission from the
Middle Creek Ditch Company and applicable downstream water user(s) granting
permission to modify/realign the ditch.
10.BMC 38.360.280. - Agricultural Water User Facilities:
a. The Applicant must provide written notice to all applicable water users and/or
agricultural water facility authorized representatives of the proposed development per
BMC 38.360.280.B.1;
b. The Applicant must provide with the final plat application written permission from the
Middle Creek Ditch Company and applicable downstream water user(s) authorizing
the modification/realignment of the ditch;
c. The development will also realign the ditch along the Site’s western boundary to allow
the widening of S. 19th Avenue on its east side. Impacts to the ditch would be addressed
in the 310 Permit application and the location of the realignment, the restoration of
vegetation and similar features of the ditch must be addressed in the infrastructure plan
for the subdivision;
d. Mitigation of impacts to the existing ditches including the proposed culverts, must be
coordinated with easement holders and shall consider comments received from affected
water users of the existing ditches. The developer’s professional engineer must certify,
prior to final master site plan approval, that the water entering and exiting the piped
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ditches are the same quality and amount of water that entered or exited the facility prior
to adjustment;
e. For the existing ditch lateral traversing the south side of the subject property. Prior to
final site plan approval, the developer must establish an agricultural water user facility
easement pursuant to Sec. 38.410.060.D.1 or provide sufficient information pursuant
to Sec. 38.410.060.D.5 to allow for the removal of the ditch lateral from the subject
property; and
f. BMC 38.410.060.D.4. - Stormwater discharges to an agricultural water user facility.
Stormwater from the development must not be discharged to an agricultural water user
facility without written approval from the owner of the facility and corresponding
stormwater conveyance easement(s). Any required stormwater conveyance easements
must be provided prior to final MSP approval.
11.BMC 38.220.070.7.b – Ground water.The Conditions of Approval Sheet shall
contain the following, "This is a known area of high groundwater. No crawl spaces or
basements may be constructed. Sump pumps are not allowed to be connected to the sanitary
sewer system. Sump pumps are not allowed to be connected to the drainage system. Water
from sump pumps may not be discharged into streets, such as into the curb and gutter where
they create a safety hazard for pedestrians and vehicles."
12.BMC 38.220.070.7.b – Stormwater. The Conditions of Approval Sheet shall contain the
following, "The maintenance of all stormwater retention facilities outside the public right-
of-way is the responsibility of the property owners’ association (POA)."
13.BMC 38.220.070.7.f –Subdivision Plat Conditions of Approval Sheet. The Applicant
must list all easements and recorded document numbers on the Conditions of Approval
Sheet.
14.BMC 38.400.040.A.2 – Streets.Street names must be reviewed and approved by the
County's geographic information systems and City Engineering Department prior to final
plat approval. The Applicant must submit written approval from both entities with the final
plat application.
15.BMC 38.240.180.PARKS Master Plan
a. The Final Plat application must include a revised Parks Master Plan that positively
addresses the comments made by the Parks Department on the March 2023 draft
Plan.
b. A preconstruction meeting with the Parks Division is required prior to any site work
within the park area. Applicants must provide final park plans with all parkland
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improvements proposed and schedule a preconstruction meeting at least 30 days
prior to planned commencement of parkland construction.
c. BMC 38.240.180.A.3 Applicant to provide deeds for parkland at time of Final Plat.
d. BMC 38.240.180.A.3.e.(1) & BMC 38.240.450. Public park improvements must
be included in the certificate of public improvements at final plat.
e. Private utilities are not allowed within parkland.
f. If well/irrigation improvements are accepted by Parks Dept prior to final plat
approval by City commission, then follow these steps: 1) Complete 602 Form
Notice of completion of exempt groundwater development. Form is completed by
developer, then reviewed by City for completeness/accuracy, and 2) File final plat
and warranty deed transferring fee title to parkland. If well/irrigation improvements
are financially guaranteed under an IA prior to final plat approval by City
commission, then follow these steps: 1) File final plat and warranty deed
transferring fee title to parkland. 2) Complete well/irrigation improvements. Prior
to release of financial security and closeout of IA, developer to complete 602 Form
for review by City.
g. Resolution 4784 - Move berm 5'-8' away from sidewalks to avoid overspray from
irrigation nozzles onto hardscape.
16.BMC 38.550.E Street Frontage Landscaping and 38.570.030 Streetlights Required.
The final plat submittal must have a code-complying landscape plan showing all
landscaping for boulevards and other public spaces and per 38.570.030, must provide
streetlights meeting the standards of the City of Bozeman Design Standards and
Specification Policy.
SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS
The Development Review Committee (DRC) determined the application was sufficient for
continued review and recommended approval with conditions and Code Requirements on May
30, 2023.
The Planning Board met on July 3rd, 2023, and, on consent agenda, unanimously recommended
approval of the application with staff-recommended conditions and applicable code provisions.
Their Motion was as follows:
“Having reviewed and considered the application materials, public comment, and all the
information presented, I hereby adopt the findings presented in the staff report for
application 23020 and move for the Community Development Board, in its capacity as the
Design Review Board, to recommend approval of the South Range Crossing Major
Subdivision Preliminary Plat with conditions and subject to all applicable code provisions.”
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The CityCommission public meeting on this applicationis scheduled for Tuesday, August 1, 2023,
at 6:00 P.M. in the City Commission Hearing Room. Electronic access to the meeting may be
available as outlined on the published agenda of the meeting.
SECTION 6 – STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application materials,
municipal codes, standards, plans, public comment, and all other materials available during the
review period. Collectively this information is the record of the review. The analysis in this report
is a summary of the completed review.
Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC.
In considering applications for subdivision approval under this title, the advisory boards and City
Commission shall consider the following:
1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and
Platting Act
The preliminary plat was prepared in accordance with the surveying and monumentation
requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered
in the State of Montana. As noted in Code Provision No. 1, per BMC 38.100.080, the final plat
must comply with State statute, Administrative Rules of Montana, and the Bozeman Municipal
Code (BMC).
2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana
Subdivision and Platting Act
The final plat must comply with the standards identified and referenced in the Bozeman Municipal
Code. The subdivider is advised that unmet code provisions, or code provisions not specifically
listed as a condition of approval, do not, in any way, create a waiver or other relaxation of the
lawful requirements of the Bozeman Municipal Code or State law. Sections 3 and 4 of this report
identify conditions and code provisions necessary to meet all municipal. Code Provisions 2
through 16 address necessary documentation required for compliance with City and State
subdivision standards. Therefore, upon satisfaction of the single condition of approval and code
provisions, the subdivision will comply with subdivision regulations.
3) Compliance with the local subdivision review procedures provided for in Part 6 of the
Montana Subdivision and Platting Act
The Bozeman Planning Board public meeting and City Commission public meeting were properly
noticed in accordance with the Bozeman Municipal Code. Based on the recommendation of the
Development Review Committee (DRC) and other applicable review agencies, application
materials, staff evaluation of review criteria and code provisions and staff findings of meeting
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these criteria and codes, as well as any public testimony received on the matter, the City
Commission will make the final decision on the subdivider’s request.
The subdivider requested review of this subdivision under the terms of 76-3-616 MCA as
authorized in 38.240.100.
The Department of Community Development received a preliminary plat application for this
subdivision on December 27, 2022. On January 13, 2023, the DRC reviewed the preliminary plat
application and determined the submittal did not contain detailed, supporting information that was
sufficient to allow for the continued review of the proposed subdivision.
A revised application was received on March 15th and May 19, 2023. On May 30, 2023, the
DRC determined the May 19, 2023 revised application was adequate for continued review such
as public notice and comment and Planning Board review and recommendation.
The City scheduled public notice for this application on June 9, 2023. The Applicant posted public
notice on the subject property on June 9, 2023. The Applicant sent public notice to owners of land
located with 200-feet of the Site via first class mail, on June 9, 2023. No public comment has been
received on this subdivision application as of the writing of this report.
On August 3, 2023, this major subdivision Finding of Fact and Order staff report was completed
and forwarded with a recommendation of conditional approval for consideration to the City
Commission.
4) Compliance with Chapter 38 of the Bozeman Municipal Code and other relevant
regulations
Community Development staff and the DRC reviewed the preliminary plat against all applicable
regulations and the application complies with the BMC and all other relevant regulations with the
condition and code provision corrections. This report includes a Condition of Approval and
required Code Provisions as recommended by the DRC for consideration by the Planning Board
and the City Commission to complete the application processing for final plat approval. All
municipal water, sanitary sewer and stormwater facilities will conform to the regulations outlined
by the Montana Department of Environmental Quality and the requirements of the Design
Standards and Specifications Policy and the City of Bozeman Modifications to Montana Public
Works Standard Specifications. The two street variance requests for street design modifications
have been evaluated and approved by the Director of Transportation and Engineering.
5) The provision of easements to and within the subdivision for the location and installation of
any necessary utilities
The final plat will provide and depict all necessary utilities and required utility easements, per
Code Provision No. 6 which requires that all easements, existing and proposed, to be accurately
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depicted and addressed on the final plat and in the final plat application. Public utilities are to be
located within dedicated street rights-of-way (ROW).
Code Provision No. 9 requires the provision of agricultural water user facility easements prior to
final plat approval. Code Provision No. 10 requires the Applicant to secure written permission
from the Middle Creek Ditch Companyand all applicable water users for the alteration to the ditch
for road crossings and other alterations.
6) The provision of legal and physical access to each parcel within the subdivision and the
notation of that access on the applicable plat and any instrument transferring the parcel
With meeting Code Provision No. 2, the final plat will provide legal and physical access to each
lot within the subdivision. All the proposed lots will have physical and legal access from public
streets or alleys constructed to City standards with lot frontage meeting minimum REMU zoning
standards as shown on the preliminary plat. Code Provision No. 2.c requires South 15th Avenue to
be constructed to a local street standard prior to development of the abutting Block 2, Lot 3; this
will provide legal and physical access to a public street for that lot.
38.220.060 Documentation of Compliance with Adopted Standards
38.220.060.A.1 – Surface water
As described below, there is an agricultural irrigation ditch, Middle Creek Ditch, lying within the
Site. A Wetland Delineation report was prepared by Morrison-Maierle Engineering in 2022 for
the entire South Range Crossing property [South Range Crossing Wetland Delineation Report,
December 6, 2022, Morrison-Maierle].
Based on the wetland delineation presented in that report and the data collected, it is Morrison-
Maierle’s professional judgement that waters of the U.S. (WOTUS) are present within the project
area in the form of the existing Middle Creek Ditch lying approximately 1,360.7 linear feet of
stream/ditch along the western edge of the property (see Figure 9). That same investigation
determined that no wetlands are present on the Site. The determination from the Gallatin
Conservation District from January 12, 2023, is the stream/ditch is under their jurisdiction and will
require a 310 permit.
Pursuant to BMC 38.220.020. A.and Code Provision Nos.8, 9and 10,any crossing of the WOTUS
ditch for roads or pedestrian facilities will require a 310 Permit from the Gallatin County
Conservation District before any work commences on the ditch or before final plat approval,
whichever is sooner. Permission to alter the ditch from the Middle Creek Ditch owner and
downstream water user must be provided prior to final plat approval. Ditches must follow
historical drainage.
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Figure 12: Road crossings of Middle Creek Ditch
There is also an irrigation ditch/channel along the southern and eastern boundary of the Site (see
Figure 9). The South Range Crossing Wetland Delineation Evaluation of the Site acknowledged
the active WOTUS channel of the Middle Creek Ditch flowing along the western edge of the Site
and also identified what may be abandoned irrigation ditches along the southern and eastern
boundary of the Site (see Figures 13 to 17). Code Provision 10 requires the Applicant to establish
an agricultural water user facility easement for the southern and eastern ditches or demonstrate
that they have been abandoned and,per 38.410.060.D,have been removed from the Site.
Realignment of
ditch for widening
of S. 19th Ave.
Ditch crossing for Southbridge
Dr. & Brookdale Dr. access to
S. 19th Ave.
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Figure 13: Existing Site Features Map per Master Site Plan Application
Hydrology.According to the Bozeman, Montana (2020) U.S. Geological Survey (USGS) 7.5-
minute topographic map, the property ranges in elevation between approximately 4,980 and 5,000
feet.The USGS map indicates that Middle Creek Ditch runs south and then north through the
western edge of the subject property (see Figure 9).Historical aerial imagery of the area suggests
that Middle Creek Ditch had a branch that flowed through the south-central area of the subject
property until at least 2014. Imagery past this point indicates that this channel was removed or
routed around the subject property, reflecting the current-day features and conditions observed in
the field. The Montana Department of Environmental Quality (DEQ)’s 2020 CWAIC source data
for Montana,which relies upon the National Hydrology Dataset, suggests that this branch/water
Existing 20’
wide ditch
maintenance
easements
Existing culvert
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feature is Mandeville Creek. This identification was dismissed by the Gallatin Conservation
District. The Water Resources Survey for Gallatin County, Montana depicts segments, and/or
private diversion laterals of Middle Creek Ditch on the subject property at the time of publication
in 1953. In a January 12, 2023, letter to the Applicant, the Gallatin Conservation District (GSD)
states that the Site and area has been extensively studied by resource professionals and has been
designated as a stream/ditch. As such, Gallatin Conservation District has jurisdiction over the
Middle Creek Ditch waterway within the Site and a 310 permit for projects impacting the bed
and/or banks is required (see Code Provisions 8, 9 and 10).
One segment of Middle Creek Ditch followed the west edge of the property, between the property
boundary and 19th Avenue, and the other followed the south and eastern boundary. The remnant
private diversion laterals are deemed by the Applicant’s engineer to be not jurisdictional.
A ditch or stream/ditch that is presumed to be Middle Creek Ditch was flowing south to north on
the western edge of the subject property at the time of inspection. Abandoned irrigation ditches
were observed on the south and eastern edges of the investigation area. The channel on the eastern
edge of the Site was wide, with gently sloping banks, and was fully vegetated (see Figure 13). At
the southeast corner of the property, the channel took a sharp turn to follow the southern edge
of the property. Stormwater drains were observed at this intersection, the gradient and location
thereof indicated that they drained stormwater from the adjacent neighborhood into the channel
at times of high precipitation. The channel on the southern edge of the property was narrow, fully
vegetated, and tapered off as it approached the southwest corner of the subject property (see Figure
14. At the southwest corner of the property, the actively flowing presumed to be Middle Creek
Ditch was observed. The ditch diverged at this southwest corner, flowing both west, underneath
19th Avenue as well as north, along the western edge of the subject property” (see Figures 15 and
16). [December 2022, Morrison Maierle “South Range Crossing Wetland Delineation report”].
The proposed development will “cross” the ditch in two locations to extend Southbridge Drive and
Brookdale Drive within the Site westward to S. 19th Avenue. The development will also realign
the ditch along the Site’s western boundary to allow the widening of S. 19th Avenue on its east
side. Per Code Provision 8, those impacts to the ditch would be addressed in the 310 Permit
application. The location of the realignment, the restoration of vegetation and similar features of
the ditch would be addressed in the infrastructure plan for the subdivision and in the site plan for
any lot abutting S. 19th Avenue.
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Code Provision No. 10 states:
BMC 38.360.280. - Agricultural Water User Facilities:
a. The Applicant must provide written notice to all applicable water users and/or
agricultural water facility authorized representatives of the proposed development
per BMC 38.360.280.B.1;
b. The Applicant must provide with the site plan application affecting the ditch written
permission from the Middle Creek Ditch Company and applicable downstream
water user(s) authorizing the modification/realignment of the ditch;
c. The development will also realign the ditch along the Site’s western boundary to
allow the widening of S. 19th Avenue on its east side. Impacts to the ditch would
be addressed in the 310 Permit application and the location of the realignment, the
restoration of vegetation and similar features of the ditch would be addressed in the
infrastructure plan for the subdivision and in the site plan for any lot abutting S.
19th Avenue;
d. Mitigation of impacts to the existing ditches including the proposed culverts, must
be coordinated with easement holders and shall consider comments received from
affected water users of the existing ditches. The developer’s professional engineer
must certify, prior to final master site plan approval, that the water entering and
exiting the piped ditches are the same quality and amount of water that entered or
exited the facility prior to adjustment; and
e. For the existing ditch lateral traversing the south side of the subject property. Prior
to final Master Site Plan approval, the developer must establish an agricultural
water user facility easement pursuant to Sec. 38.410.060.D.1 or provide sufficient
information pursuant to Sec. 38.410.060.D.5 to allow for the removal of the ditch
lateral from the subject property.
f. BMC 38.410.060.D.4--Stormwater discharges to an agricultural user facility.
Stormwater from the development must not be discharged to an agricultural user
facility without written approval from the owner of the facility and corresponding
stormwater conveyance easement(s). Any required stormwater conveyance
easements must be provided prior to final MSP approval.
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Figure 14 –Representative view of the remnant channel on the eastern edge of the Site
Source: Morrison-Maierle December 2022”South Range Crossing Wetland Delineation Report”
Figure 15 –Representative view of the remnant channel on the southern edge of the Site.
Source: Morrison-Maierle December 2022”South Range Crossing Wetland Delineation Report”
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Figure 16—Representative view of Middle Creek Ditch along the western edge of the Site
Source: Morrison-Maierle December 2022”South Range Crossing Wetland Delineation Report”
Figure 17 –Close up view of the Middle Creek Ditch culvert under Graf Street
Source: Morrison-Maierle December 2022”South Range Crossing Wetland Delineation Report”
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38.220.060.A.2 - Floodplains
The project area is located within Federal Emergency Management Agency (FEMA) FIRM Panel
30031C0818E for Gallatin County with an effective date of April 20, 2021. The subject property
is located outside of the 100-year floodplain [December 2022, Morrison Maierle, South Range
Crossing Wetland Delineation report].
38.220.060.A.3 - Groundwater
Groundwater monitoring was conducted from May through August 2022. Depth to seasonal high
groundwater varied from near the surface in the wetlands to about 3-4 feet below ground at the
proposed lots. Proposed street and lot grading will raise the developed portions of the site
approximately 2-3feetresulting in a typical depth to seasonal high groundwater in developed areas
of about 4-7 feet. Code Provision No. 11 requires the Conditions of Approval Sheet 4 of the Plat
map to have the standard language prohibiting basements and the discharge of sump pumps onto
streets.
38.220.060.A.4 - Geology, Soils and Slopes
Rawhide Engineering conducted a field investigation of the Site in 2022 and developed
recommendations for development of the site in a report dated October 2022. A copy of that
Geotechnical report is included in this application material as Appendix L. The information below
responds to the requirements BMC 38.220.060.A.4.
There are no known natural geologic hazards on this property. This property is comprised of an
undeveloped agricultural field that is mostly flat. This site experiences high ground water which
is common for Bozeman. Due to this factor,several building recommendations have been provided
to the Applicant to mitigate flooding of future development. Code Provision No. 11 requires the
Conditions of Approval Sheet 4 of the Plat map to have the standard language prohibiting
basements and the discharge of sump pumps onto streets. There are no unusual geologic features
on the site. There are no slopes greater than 15% on-site.
38.220.060.A.5 - Vegetation
The Site plant community consists of grass, forb, and weedy species with remnant amounts of
cereal crops from past farming throughout. Dominant vegetation included smooth brome (Bromus
inermis, UPL), reed canary grass (Phalaris arundinacea, FACW), meadow foxtail (Alopecurus
pratensis, FAC), Western wheatgrass (Elymus smithii, FACU), Maximillian sunflower
(Helianthus maximiliani, UPL), and green bristle grass (Setaria viridis, UPL).
The central area of the Site area had higher prevalence of Western wheatgrass, green bristle grass,
and Maximillian sunflower, as well as common barley (Hordeum vulgare, UPL) and cultivated
oat (Avena sativa, UPL). Data points were not collected in the central area of the investigation area
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due to the absence of mapped National Wetlands Inventory (NWI) features and visible lack of
wetland vegetation: “These wetland features were not found in the field.” [Source: Morrison-
Maierle December 2022 “South Range Crossing Wetland Delineation Report”].
The Montana Natural Heritage Program (MTNHP) maintains a statewide database for natural and
human land cover. The Site is shown to consist of: Rocky Mountain Lower Montane, Foothill, and
valley grassland (tiny bit of green on the southwest corner of the Site shown on the map below);
and Cultivated Crops (yellow on map). There are no identified critical plant communities or trees
onsite. This land has historically been used for agriculture.
Figure 18: Grassland shown in red circle
Pursuant to the subdivision’s Conditions, Covenants and Restrictions (CC&R) document, a weed
management plan will be maintained by the Property Owners Association.
38.220.060.A.6 - Wildlife
The Montana Fish and Wildlife and Parks (FWP) Service stated in a September 2022 letter to the
Applicant that the proposed subdivision “surrounds a potentially jurisdictional perennial stream
that parallels South 19th Avenue. Should the Gallatin Conservation District determine that it is, in
fact, a jurisdictional waterbody, 310 permits would be required to alter the bed, banks, or riparian
area immediately adjacent to the stream (see Code Provision No. 8). FWP subdivision guidelines
recommend a minimum stream setback of 200 feet that includes 150 feet of vegetation buffer plus
an additional 50 feet of building setback from the stream. The nearby stream conveys water to
downstream habitats that support popular recreational fisheries in the Gallatin and East Gallatin
rivers, so it is important to FWP to maintain, or even improve, the condition of the stream within
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the proposed development. The 310 Permit should address impacts to the ditch resulting from any
disturbance of the bed, banks or riparian area abutting the Middle Creek Ditch.
38.220.060.A.7 - Agriculture
This Site has been in agricultural operation in the past and now lies fallow. This subdivision, in
and of itself, is not expected to have an adverse effect on surrounding agricultural operations.
However, demand for housing and economic pressures from increased property values and taxes
may pressure farmer-owners of nearby lands to also subdivide or sell their land to subdivide for
housing.
38.220.060.A.8 - Agricultural Water User Facilities
[From the December 9, 2022, South Range Crossing Agricultural Water User Facilities Memo
by Morrison-Maierle.]
The following agricultural water facilities are present on the subject property:
“A segment of Middle Creek Ditch (presumed):Beginning at the southwest corner of the subject
property, water flows northwards in what is presumed to be Middle Creek Ditch. A headgate was
located at this southwest corner where the ditch diverged, flowing both west, underneath 19th
Avenue, as well as north, along the western edge of the subject property. At the NW corner of the
subject property the water culminates into a pipe and is transported subsurface beneath Graf Street
where it is discharged into an open ditch and is further conveyed north.
Abandoned irrigation ditches (2): Two segments of an abandoned man-made channel run along
the south and east edges of the subject property (see attached map [Figure 9]). The relic feature on
the southern edge of the property was narrow, fully vegetated, and tapered off as it approached the
southwest corner of the subject property. At this southeast corner of the property, the channel took
a sharp turn to follow the eastern edge of the property.
Existing stormwater detention pond discharge piping was observed at this sharp turn. The gradient
and location thereof indicated that stormwater was drained from the adjacent neighborhood into
the channel. The channel on the eastern edge of the investigation area was wide, had gently sloping
banks, and was fully vegetated (see Figure 14). The eastern channel culminated in a culvert
underneath West Graf Street.
According to the Water Resources Survey for Gallatin County, Montana, segments, and/or private
diversion laterals of Middle Creek Ditch were located on the subject property at the time of
publication in 1953. One segment followed the west edge of the property, between the property
boundary and 19th Avenue, and the other followed the south and eastern boundary. It is presumed
that the abandoned irrigation ditches on the south and eastern boundary of the subject property are
relic branches of Middle Creek Ditch. Historical aerial imagery of the area suggests that Middle
Creek Ditch had a branch that flowed through the south-central area of the subject property until
at least 2014. Imagery past this point indicates that this channel was removed or routed around the
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subject property, reflecting the current-day features and conditions observedin the field. Morrison-
Maierle Scientists and Engineers met with the Conservation District on December 7, 2022 and
determined that the active channel on the western edge of the subject property is Middle Creek
Ditch and is classified as a stream/ditch. The remnant private diversion laterals are not
jurisdictional.
There are no major changes to the ditch proposed with the South Range Crossing (SRX)
development, and the development is not expected to change the volume or direction of water in
(the presumed) Middle Creek Ditch segment on the western edge of the subject property. Several
culverts are planned to be installed at road crossings, but the development does not propose
changing the volume, flow, or quality of the water therein. The eastern remnant/abandoned
irrigation channel is proposed to be maintained as a stormwater conveyance feature for the
development; as the neighboring subdivision, Blackwood Groves, also uses it for this purpose.
Stormwater detention ponds mayalso discharge to the eastern remnant channel at pre-development
discharge rates. There are no current plans to utilize the remnant channel on the southern edge of
the subject property for stormwater conveyance.”
The proposed development would no longer require water from any existing surface water
rights or shares from the Middle Creek Ditch Company (if present) since the formerly irrigated
agricultural field has been eliminated (the field is not currently actively irrigated). If private water
rights do exist, they may be used for irrigation of park spaces and/or transferred to the City of
Bozeman as part of the entitlement process. The relic irrigation channel on the east edge of the
subject property would be incorporated into the development plan as stormwater drainage, while
the southern channel would be removed.
Code Provision No. 9 requires an agricultural water user facility easement for the Middle Creek
Ditch. All agricultural water uses facilities on and adjacent to this project will be protected and
allowed to continue. The irrigation ditch will be piped for road and pedestrian crossing but will
largely remain in its current location, within a 20-foot easement. The Middle Creek Ditch
Company has been contacted to ensure that all agricultural water uses facilities will be protected
and that access for maintenance is adequately provided. Code Provision No.10 requires written
permission from the Middle Creek Ditch Company and applicable downstream water user(s)
authorizing the modifications to the ditch.
38.220.060.A.9.—Water and Sanitary Sewer Service
Water.The existing water infrastructure which surrounds the Site is owned and operated
by the City of Bozeman. There is an existing 12” water main located within Graf Street with two
8” stubs to the property, an existing 8” water main within South 15th Avenue with two 8” stubs to
the property and an existing 8” water main extending north from Blackwood Groves Subdivision
within Canter Avenue.
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South Range Crossing will tie into four existing water mains to create a looped distribution system
with the project development. Tie in locations are as follows:
8” water main within South 15th Avenue
o Existing 8” stub to property at intersection of Brookdale Drive
o Existing 8” stub to property at intersection of Alder Creek Drive
8” water main at Canter Avenue
o Existing 8” stub south of the project location (Blackwood Groves Subdivision)
12” water main within Graf Street
o Existing 8” stub to property at intersection of Canter Avenue
Fire protection will be provided by hydrants placed within the development at recommended
spacing intervals and supplied by the new 8” mains proposed.
This project involves installing approximately 10,470 feet of a new 8-inch Class 51 DIP water
pipe, new fire hydrants, new fire service lines, and new domestic water services. Services will
range in size from 1-inch to 6-inches, depending on projected future building design.
Proposed public parks will be irrigated by wells. The planned total park irrigation is estimated to
be approximately 6.33 acre-feet per year, within the 10 acre-feet exemption. Private lots and
street boulevard landscaping will be irrigated with City water.
The South Range Crossing Phase 1 Subdivision water main extensions will be designed in
accordance with Montana Department of Environmental Quality Circular 1, and the City of
Bozeman Design Standards and Specifications Policy.
Construction specifications will be Montana Public Works Standards and Specifications
(MPWSS), and the City of Bozeman Modifications to MPWSS.
The Site lies within the Meadow Creek Subdivision Signal, Water and Sewer payback district
and Condition of Approval No. 1 will require a payback charge if it has not yet been paid.
BMC38.410.130. Water Adequacy. The proposed subdivision will need to satisfy the City’s water
adequacy code requirement prior to final plat approval per Code Provision No. 3. If sufficient
water rights cannot be provided to offsets the development's annual demand, then a cash-in-lieu of
water rights (CILWR) payment will be required. If the developer owns water rights or shares in an
irrigation company (i.e., Middle Creek User Association), please contact Brian Heaston
(bheaston@BOZEMAN.NET) in the Engineering Department for an evaluation of the rights. For
the CILWR fee determination please contact Griffin Nielsen (gnielsen@BOZEMAN.NET ) in the
Engineering Department. CILWR fees for all multi-family, rowhouse, and commercial lots will be
deferred until future development. A note must be included on the final plat list providing notice
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of the future development requirement and list each lot that has been deferred. The CILWR fee
will be required for all townhome lots. The pre-determination from the DNRC, demonstrating that
the proposed use of groundwater wells to supply the irrigation demand to parks open space may
be permitted under Montana’s exempt appropriation prior to the finalization of the CILWR fee
determination. If allowed the water rights must be transferred to the correct owner (City of
Bozeman for Park and the POA for the Open Space). After the irrigation systems are installed and
put to use prior to filing the 602 forms with the DNRC the City must review the verify the
information on the form and the correct ownership is listed, please see the Parks Department
comments for additional details. The property deeds must correctly note the transfer of the water
rights.
Sanitary Sewer.A majority of sewer mains within the project will generally flow to the north
and connect to an existing 10” sewer main within Graff Street at a single location where an existing
8-inch sewer main stub exists. This 10” sewer main conveys wastewater west into an 18” main
located within South 19th Avenue.
A single residential lot proposed in the southeast corner of the Site will flow into an existing 8”
main along South 15th Avenue via an existing sewer main stub. This wastewater will be conveyed
generally east and then north through a network of 8-inch and 10-inch sewer mains that traverse
through the Alder Creek Subdivision, Allison Subdivision, Figgins Addition to Bozeman
Subdivision, and ultimately discharge to an existing 10-inch sewer main located within South 3rd
Avenue south of Kagy Boulevard where it is conveyed north still via a network of sewer mains.
The Site lies within the Meadow Creek Subdivision Signal, Water and Sewer payback district and
Condition of Approval No. 1 will require a payback charge if it has not yet been paid.
38.220.060.A 10. Stormwater Management
Stormwater runoff from the Rights-of-Ways will be directed as street runoff to inlets and then
conveyed to stormwater retention ponds swales for storage and treatment. Per Code Provision No.
12, all stormwater retention facilities outside of the public rights-of-way is the responsibility of
the property owners’ association.
38.220.060.A 11. Streets, Roads & Alleys
Description
Streets within the South Range Crossing Phase 1 Subdivision will be designed in accordance with
the City of Bozeman Design Standards and Specifications Policy. Construction specifications will
be Montana Public Works Standards and Specifications (MPWSS), and the City of Bozeman
Modifications to MPWSS. The Site lies within the Meadow Creek Subdivision Signal, Water and
Sewer payback district and Condition of Approval No. 1 will require a payback charge if it has not
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yet been paid. Code Provision No. 5 requires the establishment of a Special Improvement Street
Lighting District (SILD) for the subdivision prior to final plat approval. Code Provision No. 14
requires street names to be approved by the County’s GIS administrator and Bozeman Engineering
Department prior to final plat submittal.
Bicycle and Pedestrian Pathways
Transportation pathways are envisioned throughout this neighborhood to provide adequate
connectivity for the community. All the proposed streets will have the required sidewalks. Per
Code Provision 2, South 19th Avenue must be widened to a principal arterial standard (including
lighting) along the western edge of the subject property according to the City's Transportation
Master Plan (TMP). A 10-foot shared use path must also be constructed along South 19th Avenue
adjacent to the subject property according to the PROST Plan and TMP.
Code Provision No. 7 requires sidewalks to be provided along all park and open space lots as part
of the subdivision infrastructure. Code Provision No. 4, a through e requires the proper
Improvements Agreement, financial surety and other requirements of the Concurrent Construction
approval for the subdivision public improvements.
Alleys will be built to City standards. There are several north/south and east/west pedestrian trail
connections through the park.
Access to Arterials
South Range Crossing will access South 19th Avenue (Principal Arterial) in 2 locations: Brookdale
Drive and Southbridge Drive. The locations are separated by more than 330’. Individual lots will
not have direct access to South 19
th Avenue and will use internal local streets for their vehicular
access and will use pedestrian pathways from the individual lots, through the Open Space Lots 4
and 8, for pedestrian access to South 19th Avenue. There is no one-foot-wide “vehicular no access”
easement along the South 19th Avenue frontage because of the presence of the Middle Creek Ditch
along the western boundary of the Site, as well as portions of Open Space 5 Lot and Open Space
8 Lot which serve as a park frontage for all the residential lots along South 19
th Avenue, thus
preventing any vehicular access to this road.
Modification of Existing Streets
Other than widening South 19th Avenue abutting the Site and extending South 15th Avenue
northward to W. Graf Street, no other existing off-site streets will be modified.
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Modification to the Access Spacing, BMC 38.400.090.H, and to the Centerline Radius, Bozeman
Design Standards Table IV-2.
Modification request for Access Spacing (BMC 38.400.090.H)
‘We are requesting an access modification to BMC item 38.400.090.H regarding the use
of shared approaches to Canter Avenue and Providence Drive (previously Street A). The
maximum number of dwelling units that exist within the Build-to-rent product is 16. These
units function as patio homes per the Trip Generation Manual (11th edition) Land Use
Code 210, which have a 5.35/unit average weekday rate and a 0.47/unit average evening
peak hour rate. This gives an expected trip generation for the largest module of 86 weekday
trips and 8 evening peak hour trips.
The current configuration of the units provides the most efficient design without
jeopardizing the public’s health, safety, and welfare. The accesses are located onto local
streets, and the shared paths are not expected to have sufficient traffic as described above,
which should not endanger the public. Therefore, we are requesting that the City of
Bozeman approve a modification for all those shared access proposed which do not meet
this spacing standard.”
City Response: The South Range Crossing preliminary plat application proposes to create non-
compliance with BMC 38.400.090 for the access spacing on a local street. The applicant has
satisfied the access modification requirements in BMC 38.400.090.H and provided sufficient
documentation and reasoning to support the non-compliance. Based on the information provided
with this application, the Director of Transportation and Engineering and City staff support the
access modification request.
Modification request for Centerline Radius (Bozeman Design Standards Table IV-2)
“We are requesting a modification from the centerline radius or a local road standard for
Richland Drive (formerly Street B) as shown in Table IV-2 of the City of Bozeman Design
Standards and Specifications Policy (dated March 2004). The curve at approximately
Station 2+86 is intendedto function as 90-degree corner and shall not function as a standard
local road with a larger designspeed for navigational purposes, therefore it shall not require
a large centerline radius. This 90-degree configuration provides the most efficient use of
land without endangering public health, safety, and welfare. A slower traffic movement
will be preferable for this area as it is near two intersections with local roads and additional
proposed alley accesses. A turning movement exhibit was provided for a City of Bozeman
Fire Truck (SPH100 Aerial specifications) to show that the vehicle can safely navigate this
corner (see below image).”
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“Furthermore, Richland Drive shall have stop control at the intersection with Canter
Avenue and at the intersection with Brookdale Drive. This route is not expected to carry
much traffic other than local traffic due to its configuration.
Therefore, we are requesting that the City of Bozeman approve a modification for the
centerline radius of Richland Drive at this corner.”
Figure 19 –Centerline Radius Modification Site
City Response: The South Range Crossing preliminary plat application proposes to create non-
compliance with Bozeman Design Standards Table IV-2 for the minimum centerline on a local
street. The applicant has provided sufficient documentation and reasoning to support the non-
compliance. Based on the information provided with this application, the Director of
Transportation and Engineering and City staff support the centerline radius deviation request.
Dust
No gravel alleys are proposed and as such no dust control provisions are provided.
Pollution and Erosion
Maintenance of the proposed public streets will be completed by the City of Bozeman. Stormwater
from streets will be mitigated in accordance with City of Bozeman Standards. Stormwater
retention basins will also be maintained by the Property Owners Association (POA)per Code
Provision No. 12.
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Traffic Generation
A Traffic Impact Study (TIS) has been conducted by Sanderson Stewart and is provided separately
with the subdivision submittal. A trip distribution is an estimate of site-generated trip routing,
which can be determined by several methods such as computerized travel demand models,
calculation of travel time for various available routes and/or simple inspection of existing traffic
patterns within the project area. For this study, distribution percentages were calculated based on
existing volumes collected for this study and the assumption that Fowler Lane would be extended
between West Garfield Street and Stucky Road in the Future (2037) scenario.
Capacity
The TIS evaluates the level of service of intersections before and after the proposed development
and identifies on-site and nearby intersection’s future capacity. Sanderson Stewart performed
capacity calculations for the Phase 1 (2025) and Future (2037) scenarios based on the AM and PM
peak hour traffic volume projections presented in Figures 7 and 8. All new site access intersections
were presumed to be stop-controlled, except for the access to the existing roundabout on Graf
Street. Peak hour factors (PHFs) for the design year were assumed to be 0.92 for all intersections,
per HCM guidelines and common industry practice for future scenarios. The assumed values were
utilized to not overestimate future congestion in the study area.
Figures 7 and 8 of the TIS document also show the Phase 1 (2025) and Future (2037) Level of
Service (LOS) results at each intersection. Phase 1 (2025) capacity results are similar to Existing
Conditions (2022). The Kagy Boulevard/South 11th Avenue intersection is projected to worsen to
LOS D on the westbound approach during the PM peak hour, with lengthy 95th percentile queues
on Kagy Boulevard during both the AM and PM peak hours. The South 19th Avenue/Kagy
Boulevard intersection is projected to remain at LOS D on the east and west legs during the AM
peak hour.
The results of the Future (2037) intersection capacity calculations show that delay and 95th
percentile queuing is projected to become extreme at the Kagy Boulevard/South 11th Avenue
intersection, particularly on the east and west approaches. The Kagy Boulevard/South Willson
Avenue intersection is projected to worsen to LOS D and E on multiple approaches with extremely
lengthy queues on most approaches during both peak hours. Due to the shifting of thru-traffic on
South 19th Avenue to account for the anticipated Fowler Lane connection, the South 19th
Avenue/Kagy Boulevard intersection is projected to operate at LOS D only on the eastbound
approach, and only slightly above the LOS C cutoff value per BMC 38.400.060.B.4. However,
projected queuing is still extensive on most approaches. At the stop-controlled intersection of
South 3rd Avenue/Graf Street, the westbound approach is projected to operate at LOS D during
the AM peak hour, although the delay value is close to the LOS C cutoff. All other intersections
and approaches, including the new site access intersections, are projected to operate at LOS C or
better during both peak hours which is in compliance with the level of service “C” standard in
BMC 38.400.060.B.4.
Per BMC 38.400.010 and Code Provision 2.a, South 19th Avenue must be widened to a principal
arterial standard (including lighting) along the western edge of the subject property according to
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the City's Transportation Master Plan (TMP). No. 2.c requires the extension of South 15th Avenue
northward to West Graf Street before Block 2; Lot 3 can be developed. No. 2.b requires a 10-foot
shared use path to be constructed along South 19th Avenue adjacent to the subject property
according to the PROST Plan and TMP. No. 2.d prohibits vehicular parking along the alleyways
providing vehicular access to individual lots within the subdivision; this is to assure safe access to
the dwelling units by emergency service vehicles and trash removal vehicles.
Traffic Calming
Bulb outs are proposed at local intersections along Canter Avenue and at mid-block park crossings
within the subdivision.
Boulevard Landscaping and Lighting.BMC 38.550.E Street Frontage Landscaping
Required. Per Code Provision 16, the final plat submittal must have a code-complying landscape
plan showing all landscaping for boulevards and other public spaces and per 38.570.030, must
provide streetlights meeting the standards of the City of Bozeman Design Standards and
Specification Policy.
Improvements and Securities
All streets will be constructed with subdivision improvements in accordance with BMC 38.270.
The Applicant has requested concurrent construction of subdivision and site improvements. Per
Code Provision 4, a through e, if approved, an Improvements Agreement for all public
improvements must be executed and a financial suretyfor development of all public improvements
must be provided prior to Final Plat approval.
38.260.060.A.12. Non-municipal Utilities
The following publicly and privately owned utilities have been notified and provided copies of the
Preliminary Plat for the South Range Crossing Neighborhood:
· Northwestern Energy
· Lumen (communications)
· Charter (communications)
· Yellowstone Fiber (communications)
Ten-foot-wide utility easements must be provided along lot frontages for non-municipal utilities.
Utility sleeves will be provided where non-municipal utilities cross streets.
38.220.060.A. 13. Land Use.
South Range Crossing will have 2 distinct residential lot types and 8 commercial lots. The two
residential lot types would provide for-sale townhouse dwelling units and the other would provide
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small, detached single-household rental dwelling units grouped together on large lots (shown as
the yellow lots in Figure 4). The Applicant calls these detached homes “Build for Rent” units.
Table 1.Number of Lots Area (in Acres)Percent of Total
Townhouse Lots 59 2.97 8%
Multi Family [small, detached
homes] Lots
12 16.9 44%
Area in Commercial Lots 8 3.76 10%
Area in ROWs NA 7.71 20%
Park Lots 4 3.87 10%
Open Space Lots 9 2.72 7%
Stormwater Lots 5 0.47 1%
TOTAL Lots 97 38.4 100%
38.220.060.A 14. Parks and Recreation Facilities
Parkland for residential use is based on net residential area of development which, in this case, is
19.31-acres. The Parkland required for the residential portion of this mixed-use development is
4.6-acres and the parkland provided is 3.87-acres. The shortfall of 0.79-acres can be satisfied by
dedicating funds to improve the on-site parkland which, in this case, would amount to $352,533
of Cash-in-lieu of Parkland. The Cash-In-Lieu required will be proposed as Improvements-in-Lieu
to the parks totaling 3.11 acres or $352,533 worth of improvements. These spaces contain trails,
playgrounds, manicured lawns, pavilions, and other park amenities. The improvements proposed
will exceed the minimum requirements of the Bozeman UDC. The value of the recreational
opportunities provided to the community will exceed the equivalent value of cash-in-lieu. All Park,
Common Open Space, and street boulevards adjacent to the parks will be constructed with the
subdivision improvements and financed by the developer. Code Provision 15, a through g,
provides direction to the Applicant on how to finalize the Park Master Plan prior to final plat
submittal.
Overall, dedicated Parkland and other common Open Space lots will make up 6.99 acres of the
Site (see Figure 7). All pendant and string lighting must meet BMC “dark sky” standards.
2
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Figure 20: Parks Phasing Plan
Please refer to the Parks Master Plan in Appendix V for all details on the proposed Parks and
Recreation Facilities.
1
2
3
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38.220.060.A 15. Neighborhood Center Plan
According to the Applicant, the size and scale of the Property, along with the proposed zoning
designations, allow for the creation of a diverse and dynamic focal point for all the residents and
adjacent neighborhoods. It is anticipated that South Range Crossing will have 2 main focal points:
The commercial center in the NW corner of the site and the larger 1.95-acre Park 4 lot in the south-
central area of the Site. This Park 4 area dedicated in Phase 1 will aim to be the central focal point
highlighting amenities centered around all ages. It is proposed that there will be multi-sport courts,
ping pong tables, cornhole, custom seating features and pavilion shade structures.
The commercial center while still under development aims to draw in a wide range of users. The
anticipated site plans will feature plazas in between buildings generating a community gathering
space. Please see the Parks Master Plan Appendix V [Figures 7 and 8 in this report] for more
information about the phasing of park improvements and amenities.”
The qualifying criteria for the park as a neighborhood center are described below and have been
satisfied by this Park Master Plan:
38.410.020.A.1 - The proposed neighborhood center is within 600’ of the geographical
center of the site.
38.410.020.A.2 – This 3.87-acre park is proposed to be developed in one phase and
dedicated to the City which will maintain it.
38.410.020.A.3&4 - This neighborhood center has less than 100% frontage but more than
50%.
38.410.020.A.5&6 - This neighborhood center is also being used to meet the parkland
requirements for the project. There is an additional land area, 2.72 acres, proposed as open
space with enhanced natural features and gathering spaces.
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Figure 21: Trail Network
Figure 22: Street Frontage Map
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38.220.060.A 16. Lighting Plan
Per BMC 38.220.060 A. 16. Alighting plan is required where lights are proposed other than within
the street right-of-way. There are no subdivision lights proposed outside of the street right-of-way.
The proposed location of lights within the right-of-way is shown on the preliminary civil plans.
For this subdivision, per BMC 38.400.070 - Street Lighting, and Code Provision 5, the required
public streetlight(s) must be included in a Special Improvement Lighting District (SILD), in
accordance with the City of Bozeman Lighting and Electrical Specifications, prior to final plat.
Lighting for the development of individual lots within the subdivision will be reviewed by BMC
code standards with any site plan application.
38.220.060.A 17. Miscellaneous.
Public Lands
There are no public lands adjacent to or within 200 feet of all sides of the subdivision. Additionally,
the subdivision will not have any negative effect on access to any public lands.
Hazards
There are currently no hazards on Site.
Wildlands-Urban-Interface (Fires)
The proposed development is located a significant distance away from wildlands and adjacent to
urban development and major thoroughfares. The Site will be served by the Bozeman Fire
Department. It is not anticipated that any extraordinary provisions are required to reduce structure
ignitability within the development.
38.220.060.A 18. Affordable Housing
The proposed development is providing housing at market-rates. The Applicant states that it is
their intent to study the affordability and to provide affordable housing “where reasonable”.
38.220.060.A 19. Proposed Subdivision Advancing the Adopted Growth Policy.
Please see Appendix A below documenting how this project advances goals and policies set forth
in the Community Plan.
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SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS
A.PURSUANT to Chapter 38, Article 3, BMC, and other applicable sections of Chapter 38,
BMC, public notice was given, opportunity to submit comment was provided to affected parties,
and a review of the preliminary plat described in these findings of fact was conducted.
B.The purposes of the preliminary plat review were to consider all relevant evidence relating
to public health, safety, welfare, and the other purposes of Chapter 38, BMC; to evaluate the
proposal against the criteria and standards of Chapter 38 BMC, BMC; and to determine whether
the plat should be approved, conditionally approved, or denied.
C.The matter of the preliminary plat application was considered by the City Commission at
a public hearing on August 1, 2023 at which time the Department of Community Development
Staff reviewed the project, submitted and summarized the project proposal, and summarized the
public comment submitted to the City prior to the public meeting.
D.The applicant acknowledged understanding and agreement with the recommended
conditions of approval, code provisions including the changes to the conditions of approval.
E.The City Commission requested public comment at the public meeting on August 1, 2023.
Andrew Webber called into the meeting and commented that he objected to installation of a stop
sign at the intersection of the extended South 15th Avenue and Graf Street. He stated that it would
cause traffic congestion and he suggested that a round-about be installed there instead.
F.It appeared to the City Commission that all parties and the public wishing to examine the
proposed preliminary plat and offer comment were given the opportunity to do so. After receiving
the recommendation of the relevant advisory bodies established by Article 38.210, BMC, and
considering all matters of record presented with the application and during the public comment
period defined by Chapter 38, BMC, the City Commission has found that the proposed preliminary
plat would comply with the requirements of the Bozeman Municipal Code if certain conditions
were imposed. Therefore, being fully advised of all matters having come before her regarding this
application, the City Commission makes the following decision.
G.The preliminary plat has been found to meet the criteria of Chapter 38, BMC, and is
therefore approved, subject to the condition listed in Section 3 of this report and the correction of
any elements not in conformance with the standards of the Chapter including those identified in
Section 4 of this report. The evidence contained in the submittal materials, advisory body review,
public testimony, and this report, justify the conditions imposed on this development to ensure that
the final site plan and subsequent construction complies with all applicable regulations, and all
applicable criteria of Chapter 38, BMC.
H.This City Commission order may be appealed by bringing an action in the Eighteenth
District Court of Gallatin County, within 30 days after the adoption of this document by the City
Commission, by following the procedures of Section 76-3-625, MCA. The preliminary approval
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of this subdivision shall be effective for three (3) years from the date of the signed Findings of
Fact and Order approval. At the end of this period the City may, at the request of the subdivider,
grant an extension to its approval for a period of mutually agreed upon time.
DATED this ________ day of _____________________, 2023
BOZEMAN CITY COMMISSION
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
Mike Maas
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY
Future Land Use Designation:
The area of this application lies within the anticipated growth area of the City. The property is
designated as an Urban Neighborhood in the Future Land Use Map. The Urban Neighborhood
designation description reads:
“This category primarily includes urban density homes in a variety of types, shapes,
sizes, and intensities. Large areas of any single type of housing are discouraged. In
limited instances, an area may develop at a lower gross density due to site constraints
and/or natural features such as floodplains or steep slopes. Complementary uses such
as parks, home-based occupations, fire stations, churches, schools, and some
neighborhood-serving commerce provide activity centers for community gathering and
services. The Urban Neighborhood designation indicates that development is expected
to occur within municipal boundaries. This may require annexation prior to
development.
Applying a zoning district to specific parcels sets the required and allowed density.
Higher density residential areas are encouraged to be, but are not required or
restricted to, proximity to commercial mixed use areas to facilitate the provision of
services and employment opportunities without requiring the use of a car.”
This category primarily includes urban density homes in a variety of types, shapes, sizes, and
intensities. Large areas of any single type of housing are discouraged. In limited instances, an area
may develop at a lower gross density due to site constraints and/or natural features such as
floodplains or steep slopes. Complementary uses such as parks, home-based occupations, fire
stations, churches, schools, and some neighborhood-serving commerce provide activity centers for
community gathering and services. The Urban Neighborhood designation indicates that
development is expected to occur within municipal boundaries. This may require annexation prior
to development.
The correlation between the future land use map of the growth policy and the zoning districts is
presented in below Table 4 of the Bozeman Community Plan 2020. As shown below, the REMU
district is an implementing district of the Urban Neighborhood.
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Preliminary Plat Page 51 of 56
Zoning Designation and Land Uses:
The subject property is zoned REMU, Residential Emphasis-Mixed Use District.
1.REMU districts are intended to be developed with a mix of uses that encourage a range of
building types, scales, densities, and site configurations.
2.Developments are encouraged to include non-residential uses, especially commercial and
neighborhood support services, mixed horizontally and/or vertically, to promote compact,
walkable and sustainable neighborhoods.
3.Non-residential uses must not exceed 30 percent of the total gross building square footage of all
uses within the master planned area unless otherwise allowed in this section, through a master
site plan or planned unit development (PUD) review.
4.For the purposes of calculating the percentage of a use within the master planned area, the gross
square foot floor area of building for each use must be utilized.
5.The specific method of tracking will be determined during the master site plan, PUD, or site plan
review.
6.Home-based businesses are not considered non-residential uses and must not be limited by the
provisions of the section.
7.Non-residential uses intended for public benefit and shared public amenities must not be limited
by the provisions of this section. These uses include, but are not limited to, schools, parks,
community centers, city operated services and structured parking facilities.
This proposed subdivision is well-suited to implement the Urban Neighborhood and REMU
designations by providing small and large lots that will support a variety of housing types including
townhouses, single household detached homes and the possibility of apartment buildings. The for-
sale townhomes may support construction of “missing middle” housing which is contemplated
throughout the Bozeman Community Plan 2020. The commercial node at the northwest corner of
the Site could accommodate neighborhood-serving businesses to serve this neighborhood.
As shown in the aerial photo below, the Site is vacant, a former farmland. The adjacent areas are
also former farmlands or are developed as suburban residential neighborhoods.
Figure 23 – Vicinity Map with Site in red
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22390; City Commission Finding of Fact and Order Staff Report for the South Range Crossing Major Subdivision
Preliminary Plat Page 52 of 56
Figure 24 below shows the Site in red nearly surrounded by property with development
applications on former farmlands and established residential neighborhoods. Immediately south
of the Site is the 119-acre Blackwood Groves mixed use subdivision which is also zoned REMU,
and which is providing a mixture of housing types including cottages and apartment buildings.
Northwest of the Site are rental units in apartment buildings. To the east are single-family detached
homes. As one can see from the image below, this is a growing neighborhood with schools, small
pieces of parks within each subdivision, and with a small amount of commercial lands nearby to
support local residents. The South Range Crossing subdivision will provide a mix of housing,
both rental and for-sale, some small park lands, numerous open space lots coupled with stormwater
drainage facilities, and a commercial node at its northwest corner.
Figure 24 – Vicinity Map with Site in red
Community Plan Goals and Growth Policies Positively Addressed by this
Subdivision
“Goal N-1: Support well-planned, walkable neighborhoods.
The growth policy encourages developments to be walkable, which is defined in the glossary as:
Walkable. A walkable area has:
• A center, whether it’s a main street or a public space.
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22390; City Commission Finding of Fact and Order Staff Report for the South Range Crossing Major Subdivision
Preliminary Plat Page 53 of 56
• People: Enough people for businesses to flourish and for public transit to run frequently.
• Parks and public space: Functional and pleasant public places to gather and play.
• Pedestrian design: Buildings are close to the street; parking lots are relegated to the back.
• Schools and workplaces: Close enough that walking to and from home to these destinations is
realistic.
• Complete streets: Streets designed for bicyclists, pedestrians, and transit.
The South Range Crossing subdivision provides a mix of housing, commercial uses, open space
areas interspersed throughout the Site, and parkland within its center. Residents would have the
opportunity to recreate, work, and shop in close proximity to where they live; this facilitates
walkability. The subdivision continues the north-south street grid and creates new internal
vehicular and pedestrian circulation networks as shown on Figure 11. This neighborhood will
also tie into the neighborhoods to the east and south, further expanding the connectivity of this
entire area.
The 38.41-acre Site would be divided into 97 lots providing up to 285 dwelling units in townhomes
(for-sale) and rowhouses (for-rent), a commercial node of 41,500 gsf for neighborhood-serving
establishments, 4 Cityparks, 5 stormwater pond lots, and 9 open space lots interspersed throughout
the Site. The concept “green”plan shown in Figure7above,indicate that the design would promote
the walkability envisioned by the Community Plan.
N-1.1 Promote housing diversity, including missing middle housing.
Goal N-3: Promote a diverse supply of quality housing units.
N-3.1 Establish standards for provisions of diversity of housing types in a given area.
The small lot sizes in Phase 4 on the west side of the Site would accommodate small townhouse
units which could be offered at a price-point affordable to middle-income households which may
be deemed the “missing middle” which is contemplated throughout the Bozeman Community Plan
2020 and is defined by the Plan as: “Missing middle housing is housing constructed in buildings
which are of a size and design compatible in scale and form with detached individual homes.
Example housing types include duplex, triplex, live-work, cottage housing, group living, row
houses, townhouses, horizontally layered apartments, flats, and other similar configurations.” The
BMC now has the following definition for Missing Middle housing: “Missing middle housing.A
residential building containing two, three, or four dwellings in any configuration, as well as
townhomes and cottage housing.”
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Preliminary Plat Page 54 of 56
N-1.9 Ensure multimodal connections between adjacent developments.
N-1.10 Increase connectivity between parks and neighborhoods through continued trail and
sidewalk development. Prioritize closing gaps within the network.
The internal street grid and park locations would facilitate these connections to the Alder Creek
neighborhood to the east and the Blackwood Groves neighborhood to the south. New
development to the north and northwest would provide their own connections to the South Range
Crossing street, trail and open space and park areas.
Goal N-2: Pursue simultaneous emergence of commercial nodes and residential development
through diverse mechanisms in appropriate locations.
N-2.3 Investigate and encourage development of commerce concurrent with, or soon after,
residential development. Actions, staff, and budgetary resources relating to neighborhood
commercial development should be given a high priority.
The subdivision proposes a 3.77-acre commercial node at its northwest corner which would
accommodate neighborhood-serving businesses. With the anticipated additional residential
development in the area, there should be enough walking and biking customers to support these
businesses in the coming years. The commercial area lies at the intersection of the West Graf Street
collector and the S. 19th Avenue principal arterial roadways which can bring additional customers
to this node.
The site has a Walk Score of 0, a Transit score of 0, and a Bike Score of 48. Average walk score
for the City as a whole is 48 out of 100. These values are provided by Walk Score, a private
organization which presents information on real estate and transportation through walkscore.com.
The algorithm which produces these numbers is proprietary. A score is not an indication of safety
or continuity of services or routes. Scores are influenced by proximity of housing, transit, and
services and expected ability, as determined by the algorithm, to meet basic needs without using a
car. This site is former farmland surrounded by other tracts of former farmland, suburban
residential neighborhoods and some small pieces of subdivision-specific parks and two schools.
With new development applications proposed in the vicinity, it is anticipated that the area could
be more walkable, more bikeable and could provide sufficient ridership to support extending bus
service within walking distance.
There are no adopted development standards relating to the walk score.
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Preliminary Plat Page 55 of 56
APPENDIX B – NOTICING AND PUBLIC COMMENT
Notice was provided at least 20 and not more than 45 days prior to the close of the public comment
period/City Commission public meeting per BMC 38.220.420. The public notice period is June
9, 2023 to August 1, 2023. The Applicant posted public notice on the subject property on June 9,
2023 and sent public notice to physically adjacent landowners via certified mail, and to all other
landowners of record within 200-feet of the subject property via first class mail, on June 9, 2023.
As of the date of this report, August 3, 2023, only the one call-in public comment has been received
on this subdivision. However, a companion Master Site Plan application was noticed along with
the subdivision application and one person commented on the proposed development described in
the Master Site Plan. Her comments are presented as follows [acknowledging the proposed
dwelling units each have garages and driveways]:
“Instead, they fill garages with recreational equipment such as mountain bikes, scooters,
motorcycles, ATV’s, skis, and campers.
When snow arrives, they are often too busy studying or skiing to shovel their driveway and park
all of their vehicles on the street.
Once these vehicles are parked on the street, they rarely are moved to allow snowplows to do their
job. As the snow piles up on either side of the parked cars, large, icy berms develop, increasing the
risk to people trying to reach the sidewalk from their car. Our elderly neighbors complain that
friends can’t visit because they can’t risk slipping on the ice. Often during the middle of winter, if
cars are parked on both sides of the street, only one narrow lane in the middle is available for
through traffic. I am concerned that emergency vehicles will not be able to get through.
We live in a wonderfully diverse neighborhood of renters and homeowners, but if South Range
Crossing doesn’t effectively manage parking, conflict will arise, and potential disruption of
emergency services may occur.
Kind Regards,”
APPENDIX C – OWNER INFORMATION AND REVIEWING STAFF
Owner: Parker Lange, Providence Development Company, LLC; 529 E. Main Street,
Bozeman, MT 59715
Applicant:Same
Representative:Tyler Steinway, Intrinsik Architecture
Report By: Susana Montana, Senior Planner
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Preliminary Plat Page 56 of 56
FISCAL EFFECTS
Fiscal impacts are undetermined at this time but will include increased property tax from new
development along with increased costs to provide municipal services to those developments. No
unusual fiscal impacts have been identified. No presently budgeted funds will be changed by this
subdivision.
ATTACHMENT LINKS
The full application and file of record can be viewed digitally at the link with the highlighted
text.
The Applicant’s Project Narrative can be found in the Documents folder; it is called document
001 SRX Prelim Plat Narrative and the phasing is found on page 9 of that Narrative.
This project can be viewed on the Community Development Viewer interactive map directly
with this link: South Range Crossing location map
99
Memorandum
REPORT TO:City Commission
FROM:Kelley Rischke, Assistant City Attorney
Greg Sullivan, City Attorney
SUBJECT:Authorize the City Manager to sign an Amended and Restated First
Amendment to the Declaration of Covenants, Conditions, and Restrictions of
PT Land Subdivision
MEETING DATE:August 22, 2023
AGENDA ITEM TYPE:Agreement - Property
RECOMMENDATION:Approve and authorize the City Manager to sign the Amended and Restated
First Amendment to the Declaration of Covenants, Conditions, and
Restrictions of PT Land Subdivision.
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 approximately 2008, the City Commission approved a Final Plat and PUD
for PT Lands. Approval by the City required the developer to record the
following with regard to amending the Covenants, Conditions, and
Restrictions:
"Section 9.03 Consent of the City required for certain amendments. The
following provisions were included in this Declaration as a condition to
approval of the final Plat, and may not be amended or revoked by the
Owners unless the City Commission consents to the amendment:
(a) Article 2.01 Formation of the Association
(b) Article 2.05 Ownership and Use of Common Areas
(c) Article 3.04 Signs
(d) Article 6.01 Common Area Maintenance Obligation
(e) Article 6.02 Restoration of Common Area Improvements
(f) Article 6.06 Noxious Weeds
(g) Article 6.07 Street Trees
(h) Article 8.07 Assessment Liens which may be imposed by the City
(i) Article 9.02 Amendment
(j) Article 10.18 Duration
(k) Exhibit C Development Guidelines
The property owners within the Property Owners Association wish to
amend the Covenants to require eighty percent, rather than 100% of the
100
owners, to amend the Declaration. Additionally, proposed amendments to
Exhibit B would allow some parcels to develop pursuant to current Bozeman
Municipal Code zoning standards. The original Exhibit restricted
development on those parcels to "Hospitality and Regional Anchor
Neighborhood" and "Support Services Neighborhood." Community
Development staff support this change to allow any permissible
development under current code, which is likely to be more responsive to
the needs of Bozeman today, rather than what was contemplated over
fifteen years ago.
Importantly, this amendment does not affect the requirement of the Owners
to obtain City consent for any amendment to those covenants related to
conditions of approval of the final plat.
A First Amendment to the covenants was executed by the Owners in 2015
that similarly imposed a requirement of eighty percent approval of the
Owners to amend the Covenants. However, the First Amendment also
impermissibly made amendments that were intended to remove some of
the Development Guidelines found in Exhibit C without obtaining City
consent for the amendments. This proposed Amendment cures the
deficiencies of the First Amendment by declaring it null and void and
replacing it in its entirety.
The proposed Amendment to the covenants is attached to this memo, along
with a redline version and the original version of Exhibit B.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the Commission.
FISCAL EFFECTS:None.
Attachments:
230808 Final Redline.pdf
Clean PT Lands Amended Covenant.pdf
Original Exhibit B to PT Lands Covenants.pdf
Report compiled on: August 9, 2023
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#22446751v13<ACTIVE> - Amended and Restated First Amendment to Declaration of CCRs
THIS DOCUMENT IS PREPARED BY AND UPON
RECORDATION SHOULD BE RETURNED TO:
JULIE M. WORKMAN
LEVENFELD PEARLSTEIN, LLC
120 S. RIVERSIDE PLAZA, SUITE 1800
CHICAGO, ILLINOIS 60606
THIS SPACE FOR RECORDER’S USE ONLY
SECONDAMENDED AND RESTATED FIRST AMENDMENT TO
DECLARATION OF COVENANTS AND RESTRICTIONS
PT LAND SUBDIVISION
BOZEMAN, MONTANA
This SecondAmended and Restated First Amendment (“Second (this “Amendment”) to the
Declaration of Covenants and Restrictions – PT Land Subdivision, Bozeman, Montana, is made and
entered into this ____ day of _________________,______, 2023, by the owners (“Owners”) of lots
within the PT Land Subdivision Owners’ Association (“Association”). All capitalized terms in herein
have the definitions set forth in the Declaration, unless otherwise expressly set forth in this Amendment.
RECITALS
A. The Owners are the fee title owners of certain property located in the City of Bozeman
(“City”), County of Gallatin, State of Montana, legally described on Exhibit A attached hereto and made
a part hereof (the “Property”).
B. The Property is governed by that certain Declaration of Covenants and Restrictions – PT
Land Subdivision, Bozeman, Montana, recorded in Gallatin County, Montana on March 27, 2008 as
Document No. 2295422 (the “Original Declaration”), as amended by that certain Unanimous Consent to
Amend Declaration of Covenants and Restrictions, PT Land Subdivision, Bozeman, Montana recorded in
Gallatin County, Montana on August 8, 2015 as Document No. 2523192 (“FirstOriginal Amendment,”
and collectively with the Original Declaration, the “Declaration”). ”).
C. The Owners desire to amend and restate the Original Amendment in its entirety.
C.D. The Owners have approved, and the City has consented to, this Second Amendment to
effect certain modifications to the DeclarationAmendment.
NOW, THEREFORE, the Declaration isand Original Amendment are hereby amended as
follows:
1. The Original Amendment is hereby null and void and superseded in its entirety by this
Amendment.
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2. The first sentence of Section 9.01 is deleted in its entirety and replaced with the
following: “
1. This Declaration, including Exhibit “B” and the Development Guidelines in Exhibit “C,”
may be amended with the approval of the Owners of at least 80 percent of the Lots, and the Rules
and Regulations in Exhibit “D” may be amended with the approval of the Owners of at least 50
percent of the Lots.”eighty percent (80%) of the Lots.
2. The first sentence of Section 9.02 is deleted in its entirety.
3. The and replaced with the following clause is deleted from the first sentence of Section
9.02: “, and when required by Section 9.03 by the City.” :
No modification, waiver, amendment, discharge or change of this Declaration shall be valid
unless it is in writing and signed by the Owners of the Lots, as required by Section 9.01, and by
the City, if and as required by Section 9.03.
4. Section 9.02 is modified by adding the following to the end thereof:
Notwithstanding the foregoing or anything to the contrary set forth herein, no amendment, change
or modification of this Declaration, including without limitation the Rules and Regulations or any
of the Exhibits to this Declaration, that would materially adversely affect the use or development
of a Lot or directly or indirectly impose any materially greater obligations on the Owner or
occupants of a Lot than those previously agreed herein may be made without the consent of the
Owner of such Lot.
5. Section 9.03 is revised by adding the following after the words “the City Commission”:
“or City staff to whom such authority has been delegated”.
4.6. Exhibit B to the Declaration is deleted in its entirety. and replaced with Exhibit B
attached hereto and made a part hereof.
5.7. Pursuant to Section 10.12, each Owner hereby confirms to each of the other Owners that
(a) it is not aware of any default under the Declaration by any other Owner; (b) except for the First
Amendment and this Secondthis Amendment, the Declaration has been assigned, modified, or amended in
any way; and (c) as of that date hereof, the Declaration, as amended, is in full force and effect.
6.8. Except as otherwise modified herein, the Declaration will continue in full force and
effect.
[SIGNATURE PAGE FOLLOWS]
LP 22446751.13 \ 46381-132841.004
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IN WITNESS WHEREOF, the Owners have duly executed this Second Amendment on the day and year
first above written.
OWNER OF BLOCK 1, LOT 1
Per the plat of PT Land Phase 1 Subdivision (Plat J-489)
American Federal SavingsOpportunity Bank of Montana
By:
Name:
Its:
STATE OF __________ )
) SS.
COUNTY OF ________ )
I, ___________________, a Notary Public in and for the County and State aforesaid, DO
HEREBY CERTIFY THAT __________________________, being the _________ of
_______________, personally known to me to be the same person whose names is subscribed to the
foregoing Amendment to the Declaration, appeared before me this day in person and acknowledged that
s/he signed and delivered said Amendment as her/his free and voluntary act and as the free and voluntary
act of said [_________] for the uses and purposes set forth therein.
Given under my hand and notarial seal this _______ day of ____________, 2023.
____________________________________
Notary Public
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OWNER OF BLOCK 1, LOT 2
Per the plat of PT Land Phase 1 Subdivision (Plat J-489)
Kraska and Sons Properties, LLC
By:
Name:
Its:
STATE OF __________ )
) SS.
COUNTY OF ________ )
I, ___________________, a Notary Public in and for the County and State aforesaid, DO
HEREBY CERTIFY THAT __________________________, being the _________ of
_______________, personally known to me to be the same person whose names is subscribed to the
foregoing Amendment to the Declaration, appeared before me this day in person and acknowledged that
s/he signed and delivered said Amendment as her/his free and voluntary act and as the free and voluntary
act of said [_________] for the uses and purposes set forth therein.
Given under my hand and notarial seal this _______ day of ____________, 2023.
____________________________________
Notary Public
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OWNER OF BLOCK 1, LOT 3
Per the plat of PT Land Phase 1 Subdivision (Plat J-489)
McCormick Plaza Condo Master
By:
Name:
Its:
STATE OF __________ )
) SS.
COUNTY OF ________ )
I, ___________________, a Notary Public in and for the County and State aforesaid, DO
HEREBY CERTIFY THAT __________________________, being the _________ of
_______________, personally known to me to be the same person whose names is subscribed to the
foregoing Amendment to the Declaration, appeared before me this day in person and acknowledged that
s/he signed and delivered said Amendment as her/his free and voluntary act and as the free and voluntary
act of said [_________] for the uses and purposes set forth therein.
Given under my hand and notarial seal this _______ day of ____________, 2023.
____________________________________
Notary Public
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OWNER OF BLOCK 1, LOT 4
Per the plat of PT Land Phase 1 Subdivision (Plat J-489)
Blue Mountain LLC
By:
Name:
Its:
STATE OF __________ )
) SS.
COUNTY OF ________ )
I, ___________________, a Notary Public in and for the County and State aforesaid, DO
HEREBY CERTIFY THAT __________________________, being the _________ of
_______________, personally known to me to be the same person whose names is subscribed to the
foregoing Amendment to the Declaration, appeared before me this day in person and acknowledged that
s/he signed and delivered said Amendment as her/his free and voluntary act and as the free and voluntary
act of said [_________] for the uses and purposes set forth therein.
Given under my hand and notarial seal this _______ day of ____________, 2023.
____________________________________
Notary Public
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OWNER OF BLOCK 1, LOT 5
Per the plat of PT Land Phase 1 Subdivision (Plat J-489)
Lyons North 14th LLC
By:
Name:
Its:
STATE OF __________ )
) SS.
COUNTY OF ________ )
I, ___________________, a Notary Public in and for the County and State aforesaid, DO
HEREBY CERTIFY THAT __________________________, being the _________ of
_______________, personally known to me to be the same person whose names is subscribed to the
foregoing Amendment to the Declaration, appeared before me this day in person and acknowledged that
s/he signed and delivered said Amendment as her/his free and voluntary act and as the free and voluntary
act of said [_________] for the uses and purposes set forth therein.
Given under my hand and notarial seal this _______ day of ____________, 2023.
____________________________________
Notary Public
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OWNER OF BLOCK 3, LOTS 1A AND 2A AND BLOCK 2, LOT 1
Per Amended Plat of PT Land Phase 2 Subdivision [Plat J-498B]
Virga Venture I LLC
By:
Name:
Its:
STATE OF __________ )
) SS.
COUNTY OF ________ )
I, ___________________, a Notary Public in and for the County and State aforesaid, DO
HEREBY CERTIFY THAT __________________________, being the _________ of
_______________, personally known to me to be the same person whose names is subscribed to the
foregoing Amendment to the Declaration, appeared before me this day in person and acknowledged that
s/he signed and delivered said Amendment as her/his free and voluntary act and as the free and voluntary
act of said [_________] for the uses and purposes set forth therein.
Given under my hand and notarial seal this _______ day of ____________, 2023.
____________________________________
Notary Public
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OWNER OF LOT 6A-1
Per Amended Plat of PT Land Phase 2 Subdivision [Plat J-498A]
Montana Keystone Ventures LLC
By:
Name:
Its:
STATE OF __________ )
) SS.
COUNTY OF ________ )
I, ___________________, a Notary Public in and for the County and State aforesaid, DO
HEREBY CERTIFY THAT __________________________, being the _________ of
_______________, personally known to me to be the same person whose names is subscribed to the
foregoing Amendment to the Declaration, appeared before me this day in person and acknowledged that
s/he signed and delivered said Amendment as her/his free and voluntary act and as the free and voluntary
act of said [_________] for the uses and purposes set forth therein.
Given under my hand and notarial seal this _______ day of ____________, 2023.
____________________________________
Notary Public
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ACCEPTED:
CITY OF BOZEMAN
By:
City Manager
ATTEST:
City Clerk
On this _____ day of ____________, 2023, before me, a Notary Public for the State of Montana,
personally appeared JEFF MIHELICH and MIKE MAAS, known to me to be the City Manager and City
Clerk, respectively, of the City of Bozeman and the persons whose names are subscribed to the within
instrument, and acknowledged to me that they executed the same for and on behalf of the City of
Bozeman.
IN WITNESS WHEREOF, I have hereinto set my hand and affixed my Notarial Seal the day and
year first above written.
(SEAL)
Notary Public for the State of Montana
(Printed Name)
Residing at
My Commission Expires ___/____/20__
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EXHIBIT A
LEGAL DESCRIPTION
Parcel I:
Lot 6A of Amended Plat of PT Land Phase 2 Subdivision, according to the official plat thereof on file and
of record in the office of the County Clerk and Recorder of Gallatin County, Montana. [Plat J-498A]
Parcel II:
Lot 1 of Block 2 and Lots 1A and 2A of Block 3 of Amended Plat of PT Land Phase 2 Subdivision,
according to the official plat thereof on file and of record in the office of the County Clerk and Recorder
of Gallatin County, Montana. [Plat J-498B]
Parcel III:
Lots 1, 2, 3, 4, and 5 in Block 1 of the Final Plat of PT Land Phase 1 Subdivision, according to the
official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin
County, Montana. [Plat J-489]
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EXHIBIT B
SEE ATTACHED
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
Memorandum
REPORT TO:City Commission
FROM:Addi Jadin, Park Planning and Development Manager
Mitch Overton, Director of Parks and Recreation
SUBJECT:Authorize the City Manager to Sign a Memorandum of Understanding with
Bozeman Sunrise Rotary Club for the Phase 1 Glen Lake Rotary Park Parking
Lot Project
MEETING DATE:August 22, 2023
AGENDA ITEM TYPE:Agreement - Agency/Non-profit
RECOMMENDATION:Authorize the City Manager to Sign a Memorandum of Understanding with
Bozeman Sunrise Rotary Club for the Phase 1 Glen Lake Rotary Park Parking
Lot Project
STRATEGIC PLAN:6.5 Parks, Trails & Open Space: Support the maintenance and expansion of
an interconnected system of parks, trails and open spaces.
BACKGROUND:Bozeman Sunrise Rotary Club has been a partner in the improvement of Glen
Lake Regional Park for 30 years and continues to fundraise for new projects.
This MOU establishes the funding partnership and project management
responsibilities for the first phase of the parking lot project that BSRC
initiated with an engineering design contract.
UNRESOLVED ISSUES:NA
ALTERNATIVES:Per Commission
FISCAL EFFECTS:The City's contribution will be from Fiscal Year 2023 and 2024 Park
Improvement Grants.
Attachments:
BSRC_Parking_Lot_MOU.docx
Phase_1_GLRP_SitePlanSouth.pdf
Report compiled on: August 8, 2023
130
Memorandum of Understanding
Between the City of Bozeman and the Bozeman Sunrise Rotary Club
for Glen Lake Rotary Park Phase I Parking Lot
This Memorandum of Understanding (the “MOU”) regarding the Glen Lake Rotary Park
(the “Park”) dated for reference purposes ________, ___, 2023, is entered into between THE CITY
OF BOZEMAN,a municipal corporation organized and existing under its Charter and the laws of
the State of Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771 (the “City”),
and BOZEMAN SUNRISE ROTARY CLUB, a non-profit, social welfare organization, with a mailing
address of PO Box 6523, Bozeman, MT 59771 (BSRC). For the purposes of this MOU, BSRC
and the City may individually be referred to as a “Party” and may collectively be referred to as the
“Parties”. BSRC and the City are working together with the common goal of constructing the
parking lotasincluded within the Glen Lake Rotary Park Master Plan adopted by City Commission
Resolution 4812.
RECITALS
A. BSRC is part of an international community service organization (Rotary International)
and is a nonprofit, social welfare organization as defined by the Internal Revenue Code section
501(c)(4). The Bozeman Sunrise Rotary Club, a spin-off of the Bozeman Noon Club, was
chartered December 12, 1992.
B. The City and BSRC entered into a Memorandum of Understanding for the Glen Lake
Rotary Park on March 21, 2023 (the “Park MOU”), defining the mutual understanding of the
Parties with respect to general development and maintenance of Glen Lake Rotary Park (the
“Park”).
C. The City and BSRC have successfully collaborated on park improvements for three
decades.
D. Following that history of success, BSRC has secured engineering and landscape
architectural services from a qualified local firm for the design and permitting of a paved parking
lot and related improvements (the “Parking Lot Project”) and the construction drawings (Exhibit
A) are complete and have been granted the appropriate site plan permit.
E. Now that adequate construction drawings for the Parking Lot Project are secured and
permitted, the purpose of this MOU is to describe and formalize the rights and obligations of the
Parties in the construction of the Glen Lake Rotary Park Phase I Parking Lot Project (the “Phase I
Parking Lot” or the “Phase I Project”).
NOW, THEREFORE, in order to define the rights, obligations and relationships of the
Parties toward each other and toward third parties in carrying out the purposes of this MOU and
to provide for the construction of the Phase I Parking Lot, BSRC and the City agree as follows:
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AGREEMENT
1.Incorporation of Recitals. The foregoing recitals are incorporated by this reference and
are made a part of this MOU.
2.Phase I Parking Lot Construction.
2.1 City’s Obligation to Construct. The City acknowledges and agrees that it shall be
solely responsible for the contracting for and completing the construction of the Phase I Parking
Lot at the Park in accordance with the approved construction drawings.See Exhibit A. The City
intends and shall make its best efforts to ensure that the construction for the Phase I Parking Lot
commences on or before Summer 2024. However, due to the nature of construction operations,
the City does not guarantee that construction will start by this time.
2.2 City’s Obligation to Construct according to Construction Drawings. The
Construction Drawingsare attached to this MOU as Exhibit A. BSRC, havingpaid for and procured
the Construction Drawings for,and on behalf of the City, desires that the City construct the Parking
Lot in accordance with the Construction Drawings. Therefore, the City agrees to construct the
Phase I Parking Lot in accordance with the Construction Drawings.
2.3 Non-Assignment of Design Contract. The Parties mutually agree that the City will
not take direct assignment of the design contract between BSRC and Sanderson Stewart.
2.4 Deviation from Construction Drawings. Notwithstanding any term to the contrary
in this MOU, the Parties agree that the Construction Drawings may be modified or amended at any
time upon prior written agreement of both Parties. However, in such an instance, the City
acknowledges that BSRC must manage donor expectations concerning the completed Phase I
Parking Lot when conducting its fundraising efforts, and in particular this necessitates that the
Phase I Parking Lot be completed in accordance with the Construction Drawings to the extent
possible. If for any reason the City is unable or unwilling to construct the Phase I Parking Lot in
accordance with the Construction Drawings, it must promptly notify BSRC of the same.
The City retains full authority and discretion over the construction of the Phase I Parking
Lot, including but not limited to decisions regarding construction costs and design alterations,
subject to the terms of this Section 2.3. The City retains full authority regarding decisions to
temporarily cease construction and select construction substitutions or alternatives to ensure
completion of the Parking Lot Project in a timely manner and within the funding available.
2. 5 Term and Expiration. The provisions of this Section 2 are expressly limited to the
construction of the Phase I Parking Lot at the Park in accordance with the Construction Drawings,
and do not apply to any prior or future endeavors at the Park unrelated to the Phase I Parking Lot.
The provisions of Section 2 expire once the construction of the Phase I Parking Lot is complete.
2.6 Indemnification and Hold Harmless. BSRC agrees to indemnify, defend and hold
the City harmless from and against any and all liability to any third party for or from loss, damage
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or injury to persons or property in any manner arising out of, or incident to, negligent acts, errors,
or omissions, or willful misconduct by BSRC in connection with the Construction Drawings. Both
the City and BSRC shall be solely responsible for any contracts they enter into or other obligations
or liabilities incurred by such party in connection with their respective roles under this MOU.
3.BSRC Fundraising for the Phase I Parking Lot.
3.1 The City’s Financial Commitment. The City acknowledges that it has at least One
Hundred Sixty Four Thousand Ninety Two Dollars and Fifty Cents ($164,092.50) in its budget for
the Fiscal Year 2024 for the construction of the Phase I Parking Lotand construction management.
The City intends to use those funds for the construction of the Phase I Parking Lot at the Park.
3.2 BSRC’s Financial Commitment. BSRC commits to providing Two Hundred
Seventy Five Thousand Dollars ($275,000.00) for the Phase I Parking Lot which is a combination
of organization grants and loans and private donations. BSRC must provide these funds to the City
in accordance with the terms of this MOU.
3.3 Contingency of Funding. The Parties acknowledge and understand that the
Donation is being made in reliance on the current Construction Drawings and BSRC’s financial
commitment is conditioned upon the Phase I Parking Lot being constructed in accordance with the
Construction Drawings. As such, the City agrees to consult with BSRC prior to signing any
contract that the City reasonably believes would affect the functionality of the Phase I Parking Lot.
Provided that BSRC believes that all such contracts conform with the Construction Drawings,
BSRC agrees to disburse One Hundred Twenty-Five Thousand Dollars ($125,000.00) of its
financial commitment as a donation (“donation”) to the City within 30 days of this Agreement’s
effective date. BSRC agrees to disburse the remaining One Hundred Fifty Thousand Dollars
($150,000.00) by March 30, 2024. BSRC must provide proof of their line of credit for One
Hundred Fifty Thousand Dollars ($150,000.00) within 30 days of this agreement’s effective date.
BSRC reserves the right to retain the donation if BSRC has a reasonable belief that the construction
contracts for the Phase I Parking Lot do not conform with the Construction Drawings. In such an
instance, BSRC must notify the City in writing, why it reasonably believes that the ancillary
contract(s) does not conform with the Construction Drawings. The City has 30 days to address the
non-conformities that BSRC identifies.
4.Notices. Notices to the Parties shall be directed as follows:
If to the City:
City of Bozeman
Parks and Recreation Department
PO Box 1230
Bozeman, MT 59771-1230
Tel:406-582-2908
Attention: Addi Jadin
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E-mail: ajadin@bozeman.net
If to BSRC:
Bozeman Sunrise Rotary Club
PO Box 6253
Bozeman, Montana 59771
Attention: Bob Farrington and Joe Souther
Email: bobfarrington233@gmail.com; southerjt@gmail.com
Any notice sent to a Party under this MOU shall be in writing and shall be effective when
received by the recipient. Each Party may change the address at which it is to receive notices by
providing a written notice of its new address for notices to the other Party.
5.Governing Law. This MOU shall be governed by the law of the State of Montana. The
Parties expressly agree to the exclusive jurisdiction of the courts of Gallatin County, Montana.
6. Liberal Construction. This MOU shall be liberally construed to achieve the successful
completion of the purpose(s) of the Phase I Parking Lotconstruction. If any provision in this MOU
is found to be ambiguous, an interpretation consistent with the spirit of collaboration and the
mutual goals and objectives of the Parties shall be favored over any interpretation that would be
inconsistent with such purposes and goals.
7.Severability. If any provision of this MOU is found to be invalid, the remainder of the
provisions of this MOU shall not be adversely affected.
8.Entire Agreement; Amendment. This instrument sets forth the entire understanding of
the Parties with respect to the Phase I Parking Lotconstructionandsupersedes all prior discussions,
negotiations, understandings, or agreements relating to the Phase I Parking Lot construction or this
MOU, all of which agreements or understandings are merged into this MOU. No alteration,
amendment or modification of this MOU shall be valid or binding unless contained in a written
amendment signed by both Parties. It is contemplated that from time to time this MOU can be
modified, if agreed by both Parties, to address developments in the Phase I Parking Lot
construction.
9.Successors. The terms, conditions, commitments, restrictions and understandings set forth
in this MOU shall be binding upon, and inure to the benefit of, the Parties hereto and their
respective successors and assigns.
10.Captions. The captions in this MOU have been inserted solely for convenience of
reference and are not a part of this instrument and shall have no effect upon construction or
interpretation.
11.No Partnership or Agency. Neither Party shall be considered a partner or agent of the
other Party, and this MOU does not create a general partnership or principal-agent relationship
between the Parties. Neither Party shall have any right, power or authority to create any obligation,
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expressed or implied, on behalf of the other Party. The project is a public-private collaboration
between two separate and independent entities, each of which has a common interest in creating
the Phase I Parking Lot, but each of which also has objectives and activities outside the scope of
the construction and this MOU. The joint effort being formed by the City and BSRC is not a
separate legal entity and neither BSRC nor the City shall have the right to bind the other Party vis
a vis any third party. The purpose of the collaboration is to work together to complete the Phase I
Parking Lot and achieve the Parties’ common goals as stated in the Recitals above. While BSRC
and the City may cooperate in the creation of other projects in the future, the Parties acknowledge
and agree that the Phase I Parking Lot construction is unique and the terms of this MOU shall not
create a binding precedent with respect to any future projects.
12.Nondiscrimination and Equal Pay. The Parties agree that all hiring by the Parties of
persons performing this Agreement shall be on the basis of merit and qualifications. The Parties
will have a policy to provide equal employment opportunity in accordance with all applicable state
and federal anti-discrimination laws, regulations, and contracts. The Parties will not refuse
employment to a person, bar a person from employment, or discriminate against a person in
compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual
orientation, gender identity, physical or mental disability, except when the reasonable demands of
the position require an age, physical or mental disability, marital status or sex distinction. The
Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section
140, Title 2, United States Code, and all regulations promulgated thereunder.
The Parties represent they are, 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). The Parties must report any violations of the Montana Equal Pay Act that the
Parties have been found guilty of within 60 days of such finding for violations occurring during
the term of this Agreement.
The Parties shall require these nondiscrimination terms of subcontractors providing
services under this Agreement.
13. Compliance with Laws. The Parties 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. Nonwaiver. 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 condition or to pursue any available legal or equitable rights in the event of any subsequent
default or breach.
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15. Attorney’s Fees and Costs. In the event it becomes necessary for either Party of this
Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to
give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled
to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel to
include City Attorney.
16. 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.
17.Counterparts. This Agreement may be executed in counterparts, which together
constitute one instrument.
18.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.
By signing below, each Party agrees and acknowledges that this MOU accurately reflects
its mutual understanding, and that each of them agrees to be bound by the terms and conditions of
this MOU.
THE CITY OF BOZEMAN BOZEMAN SUNRISE ROTARY CLUB
BY:
Jeff Mihelich, City Manager
DATE:
BY:____________
Laura Kuntz, President
DATE:
Approved as to form:
By:
City of Bozeman, City Attorney
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EXHIBIT A
GLEN LAKE ROTARY PARK PHASE I PARKING LOT CONSTRUCTION
DRAWINGS
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PHASE 1PHASE 2NORTH
0 20
SCALE: 1" = 20'
4010 20
NOTE:
-EXISTING UNDERGROUND INSTALLATIONS & PRIVATE UTILITIES
SHOWN ARE INDICATED ACCORDING TO THE BEST INFORMATION
AVAILABLE TO THE ENGINEER. THE ENGINEER DOES NOT
GUARANTEE THE ACCURACY OF SUCH INFORMATION. SERVICELINES (WATER, POWER, GAS, STORM, SEWER, TELEPHONE &
TELEVISION) MAY NOT BE STRAIGHT LINES OR AS INDICATED ONTHE PLANS. STATE LAW REQUIRES CONTRACTOR TO CALL ALL
UTILITY COMPANIES BEFORE EXCAVATION FOR EXACTLOCATIONS.
-ALL IMPROVEMENTS SHALL BE PERFORMED IN ACCORDANCE
WITH MONTANA PUBLIC WORKS STANDARD SPECIFICATIONS 6TH
EDITION, APRIL, 2010, AND THE CITY OF BOZEMAN STANDARD
MODIFICATIONS, DATED MARCH 31, 2011, WITH ADDENDUM.
-UNLESS OTHERWISE SPECIFIED, ALL CONSTRUCTION LAYOUT
AND STAKING SHALL BE PERFORMED UNDER THE RESPONSIBLECHARGE OF A LAND SURVEYOR LICENSED IN THE STATE WHERE
THE PROJECT IS LOCATED AND BY A PARTY CHIEF ORENGINEERING TECHNICIAN EXPERIENCED IN CONSTRUCTION
LAYOUT AND STAKING TECHNIQUES AS ARE REQUIRED BY THE
SPECIFIC TYPE OF WORK BEING PERFORMED.FILE:PROJECT NO:CAD: QUALITY ASSURANCE:DRAWING HISTORYDATE DESCRIPTIONAND MULTI-USE PATHWAYS PHASE 1 SITE PLAN - SOUTH GLEN LAKE ROTARY PARKNEW ACCESS ROADWAY, PARKING IMPROVEMENTS BOZEMAN, MONTANA&-17055_OVERALL_SPS.DWGCMK 10.19.21 2ND CITY SUBMITTAL01.24.22 - - - - - 3RD CITY SUBMITTAL------ -17055 PARKING CALC:
REQUIRED
ADA PARKING SPACES
COMMUNITY PARK
BUILDING TYPE
26-50 RANGE= 2 ADA PARKING SPACES
BIKE PARKING SPACES 33 PARKING SPACES X 10% = 4 8 BIKE PARKING SPACES
5 ADA PARKING SPACES
PROVIDED (MIN.)
NA 33 PARKING SPACES
LEGEND
ASPHALT AREA
CURB AND GUTTER
EDGE OF ASPHALT
EDGE OF GRAVEL
EXISTING PROPOSED
GRAVEL AREA
CONCRETE AREA
CONSTRUCTION LIMITS
APPROXIMATE BOZEMAN OLD
CITY LANDFILL BOUNDARY
V:\17055_East_Gallatin_Rec_Area_Access_Road_Parking_Trail\CADD_C3D\PRODUCTION_DWG\SITE PLAN SUBMITTAL\17055_OVERALL_SPS.dwg, C3.2, 1/21/2022 9:33:17 AM, rboland, 1:104/26/22
21200 Glen Lake
Rotary Park SP1(Rev #2)
BSRC MOU Exhibit A: Glen Lake Phase I Parking Lot Design
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Memorandum
REPORT TO:City Commission
FROM:Ellie Staley, Executive Director Downtown Bozeman Partnership
SUBJECT:Authorize the City Manager to sign a Notice of Award and a Construction
Agreement with Constructive Solutions Incorporated for the Downtown
Alley Enhancement Project
MEETING DATE:August 22, 2023
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:I move to Authorize the City Manager to sign a Notice of Award and a
Construction Agreement with Constructive Solutions Incorporated for the
Downtown Alley Enhancement Project
STRATEGIC PLAN:4.4 Vibrant Downtown, Districts & Centers: Promote a healthy, vibrant
Downtown, Midtown, and other commercial districts and neighborhood
centers – including higher densities and intensification of use in these key
areas.
BACKGROUND:
This Alley Enhancement Project is a continuation of a The Downtown Bozeman
Improvement Plan (2019) which, like the plans before it, envisions enlivening the
downtown alleyways: “Signage, lighting, murals and art, and landscape can all co-
exist with the important functional elements of the alleys, like service and loading,
while adding vitality and identity to these unique spaces. The alleys are also prime
spaces for experimentation, almost “hidden” gems that need to be discovered” (Page
80, Downtown Bozeman Improvement Plan).
In 2020, the Downtown Business Partnership (DBP) completed a conceptual study to
review several existing alleyways in downtown Bozeman and explore ideas to
improve the functionality, pedestrian access, aesthetics, and vibrancy of these
valuable public spaces. This study was used to produce drawings for this alley to
serve as a pilot project. The Construction Agreement proposed will ensure the
completion of the first Alley Enhancement infrastructure pilot project along the alley
north of Main Street between North Tracy Avenue and North Black Avenue (behind
the parking garage) and will hopefully provide a platform for continued alley
enhancements in the future.
The Construction Agreement reflects the parties obligations and
representations necessary to complete this project. The Scope of Services
describes the work that Constructive Solutions Inc. will perform. However,
line Item 14 in the Scope of Services, currently described as "Vinyl Art Wrap"
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should read "Artist Stipend/Contract Management." Lastly, the attached
Notice of Award is contingent upon the City Commission's approval of the
Construction Agreement.
UNRESOLVED ISSUES:No unresolved issues.
ALTERNATIVES:Alternatives as proposed by the Commission.
FISCAL EFFECTS:As approved in FY2024 budget
Attachments:
Downtown Alley Enhancement Construction Agreement.pdf
Exhibit A - Notice of Award - ALLEY.pdf
Exhibit B - Scope of Services.pdf
Report compiled on: July 13, 2023
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CONSTRUCTION AGREEMENT
This Construction Agreement is made and entered into this _____ day of ____________,
202__ (“Effective Date”), by and between the BOZEMAN DOWNTOWN URBAN
RENEWAL DISTRICT, an agency of 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, CONSTRUCTIVE SOLUTIONS,
INC., hereinafter referred to as “Contractor.” The City and Contractor may be referred to
individually as “Party” and collectively as “Parties.”
Recitals
A. The City issued an Invitation to Bid for the construction project known as
Downtown Bozeman Alley Enhancement Pilot Project (“Construction Project”) pursuant to the
requirements of all applicable statutes, rules, regulations, and ordinances.
B. The City analyzed all responses to the Invitation to Bid received pursuant to its
standard practices and the requirements of all applicable statutes, rules, regulations, and
ordinances.
C. Upon the full execution of this Construction Agreement, the City will issue the
Notice of Award, attached as Exhibit A, to Contractor.
In consideration of the covenants, agreements, representations, and warranties contained
herein, the Parties agree as follows:
Agreement
1. Work to be Performed:
a. A description of the work to be performed including asphalt coatings, visual
enhancements via murals and sculpture installation, lighting improvements, landscape and
hardscape improvements, site furnishings, signage, and miscellaneous other items in and
around the alley between North Tracy Avenue and North Black Avenue within the City of
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Bozeman (the “Construction Project”) and Contractor’s duties is set forth in the Scope of
Services attached hereto as Exhibit B and by this reference made a part hereof. The City’s
Notice of Award is attached here as Exhibit A.
The following constitute the Construction Documents and are made a part of this
Agreement as if incorporated herein:
• This Agreement;
• All required insurance;
• The Contractor’s Nondiscrimination and Gender Pay Affirmation;
• The Scope of Services;
• The Notice of Award; and
• The Drawings, Plans, and Specifications.
Where a provision of any other portion of the Construction Documents conflicts with this
Agreement, the terms and conditions of this Agreement shall control.
All work under this Agreement that is subject to the Montana Public Works Standard
Specifications or the City’s Modifications to the same must comply with such standards.
b. Prior to the commencement of any work on the Construction Project,
Contractor’s representatives and City’s representatives shall hold a meeting to establish a
working understanding among the parties as to the scope of the Construction Project and
duties of the Contractor. At this meeting, Contractor and City shall resolve any outstanding
issues related to the plans, designs, drawings, and specifications. If the parties are unable
to resolve these issues and the City fails, refuses, or is unable to approve the same, no work
shall commence on the Construction Project until such issues are resolved.
c. Except as provided elsewhere in this Agreement, Contractor shall furnish
all the labor, materials, equipment, tools, and services necessary to perform and complete
the Construction Project.
d. During work on the Construction Project, and as part of the final completion
of the Construction Project, Contractor shall clean up the Project site, including the removal
and satisfactory disposal of all waste, garbage, excess materials, and equipment, and the
performance of any other work necessary to restore the site to at least as good order and
condition as at the commencement of the Construction Project.
2. City-Supplied Materials: The City may supply materials from time to time in
furtherance of the Construction Project.
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3. Time of Performance:
a. Contractor shall begin the Construction Project after receiving a Notice to
Proceed from City and shall complete the Construction Project no later than August 31,
2024. Time is of the essence of completion of all work and each phase of the Construction
Project.
b. The City’s Representative must develop a Construction Schedule in
consultation with the Contractor. Contractor’s construction plan, methods of operation,
materials used, and individuals and subcontractors employed (collectively “Contractor’s
Resources”) are subject to the City’s approval at all times during the term of this Agreement
and must be such as to ensure the completion of the work in compliance with the deadlines
set in the Construction Schedule during the term of this Agreement. In the event the City
determines the Contractor’s Resources are inadequate to meet the approved Construction
Schedule, the City may order the Contractor to accelerate its performance to give
reasonable assurances of timely completion and quality results. Acceleration under this
section shall not be deemed a Change Order as defined in Section 5b below and the
Contractor shall receive no equitable adjustment for such acceleration. Nothing in this
section shall be interpreted to relieve the Contractor of its duties and responsibilities to plan
for and complete the work in a timely manner according to the Construction Schedule.
4. Liquidated Damages: If the Construction Project is not completed within the time
provided by this Agreement, the City may deduct for each day the Construction Project remains
uncompleted the sum of Five Hundred Dollars ($500.00) from the compensation hereinafter
specified and retain that sum as payment for liquidated damages sustained by reason of the
Contractor’s failure to complete the Construction Project on time.
5. Compensation:
a. City shall pay to Contractor, and Contractor shall accept as full payment for
the performance of this Agreement and the Construction Project, the amount of Two
Hundred Ninety-Eight Thousand Five Hundred Thirteen Dollars and Twenty-Eight Cents
($298,513.28).Monthly progress payments and final payment will be made only in
accordance with the terms of a completed Compensation Schedule to be approved by the
City’s Representative. All invoices must be submitted to the City’s Representative.
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b. If work not included within the original Construction Documents is
requested by City, such additional work and the related compensation shall be agreed to in
writing by both parties prior to commencement of the additional work (“Change Order”).
c. City shall retain five percent (5%) of the total amount of compensation to
be paid to the Contractor to ensure compliance with the terms and conditions of this
Agreement and the timely completion of the Construction Project and any and all “punch
list” items (“Retainage Amount”). The Retainage Amount shall be paid to Contractor thirty
(30) days after the City’s final acceptance of the portion of work for which a separate price
is stated in the specifications for the Construction Project.
e. Upon acceptance of final payment and for other good and valuable
consideration, Contractor shall and hereby does release and forever discharge City, its
officers, agents, and employees of and from any and all claims, demands, actions, causes
of action, obligations, and liabilities of every kind and character whatsoever, in law and in
equity, whether now known or in the future discovered, arising from or related to this
Agreement or the Construction Project that Contractor may have or assert against City, its
officers, agents, and employees.
6. Inspection and Testing:
a. City has the right to inspect and test any and all work performed by
Contractor on the Construction Project. Contractor shall allow City and its agents access
to the Construction Project at all times and shall provide every reasonable facility for the
purpose of such inspection and testing, including temporarily discontinuing portions of the
work or uncovering or taking down portions of the finished work. Any inspection and
testing performed by the City and its agents is for the sole benefit of the City and shall not
relieve the Contractor of its duty, responsibility, and obligation to ensure that the work
strictly complies with the Agreement terms and conditions and all applicable laws and
building and safety codes. City’s inspection and testing shall not be deemed or considered
acceptance by the City of any portion of the Construction Project. City’s inspection and
testing shall not serve to nullify, amend, or waive any warranties provided by the
Contractor under this Agreement.
b. Contractor shall, without charge, replace any material or correct any work
found by the City or its agents to be defective or otherwise not in compliance with the terms
and conditions of this Agreement. In the event Contractor fails to replace or correct any
defective work or materials after reasonable written notice by the City to do so, the City
may take such corrective action, either with its own materials and employees or by
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retaining any third party to do so, and deduct the cost and expense of such corrective action
from the Contractor’s compensation.
7. Partial Utilization of Construction Project: City shall have the right to use or
occupy any portion of the Construction Project that City and Contractor mutually agree is
substantially completed and constitutes a separately functioning and usable part of the
Construction Project for its intended purpose without significant interference with Contractor’s
performance of the remaining portions of the Construction Project. In the event City takes
possession of any portion of the Construction Project, such possession shall not be deemed an
acceptance of the Construction Project, in whole or in part. City’s use of any portion of the
Construction Project shall not be grounds for extensions of any construction deadlines or a change
in the Contractor’s compensation. Contractor’s warranties shall run from the completion of the
total Construction Project and not from the date the City may take possession of selected portions
of the Construction Project.
8. Related Work at the Site: Nothing in this Agreement shall prevent or preclude
City, through its own employees or by contract with any third party, from performing other work
related to the Construction Project at the construction site; provided such related work is not
otherwise addressed in this Agreement and provided such related work does not otherwise interfere
with Contractor’s performance of this Agreement or the completion of the Construction Project.
Contractor shall afford any City employee, agent or representative, or any third party under
contract with the City to perform the related work, proper and safe access to the construction site,
a reasonable opportunity for the introduction and storage of materials and equipment, the
opportunity to perform the related work, and shall properly coordinate the Contractor’s work on
the Construction Project with the related work.
9. Contractor’s Warranties: Contractor represents and warrants as follows:
a. Unless otherwise specified by the terms of this Agreement, all materials and
equipment used by Contractor on the Construction Project shall be new and where not
otherwise specified, of the most suitable grade for their intended uses.
b. All workmanship and materials shall be of a kind and nature acceptable to
the City.
c. All equipment, materials, and labor provided to, on, or for the Construction
Project must be free of defects and nonconformities in design, materials, and workmanship
for a minimum period beginning with the commencement of the work on the Construction
Project and ending one (1) year from the final completion and acceptance by the City of
the Construction Project, regardless of whether such equipment, materials, or labor were
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supplied directly by Contractor or indirectly by Contractor’s subcontractors or suppliers.
Other express warranties on materials that provide for a warranty period longer than one
year apply for the period of that express warranty and are not reduced by this provision.
Upon receipt of City’s written notice of a defective or nonconforming condition during the
warranty period, Contractor shall take all actions, including redesign and replacement, to
correct the defective or nonconforming condition within a time frame acceptable to the
City and at no additional cost to the City. Contractor shall also, at its sole cost, perform
any tests required by City to verify that such defective or nonconforming condition has
been corrected. Contractor warrants the corrective action taken against defective and
nonconforming conditions for a period of an additional one (1) year from the date of City’s
acceptance of the corrective action.
d. Contractor and its sureties are liable for the satisfaction and full
performance of all warranties.
e. Contractor shall give its personal attention to the faithful prosecution of the
completion of the Construction Project and Contractor, or its duly authorized representative
assigned to serve as the Construction Project Manager, shall be personally present at the
site of the Construction Project during working hours for the term of this Agreement until
the completion of the Construction Project.
f. Contractor shall have a complete, accurate, and up-to-date set of
construction plans, drawings, and specifications on site at all times.
g. Contractor has examined all available records and made field examinations
of the site of the Construction Project. Contractor has knowledge of the field conditions to
be encountered during the Construction Project. Contractor has knowledge of the types
and character of equipment necessary for the work, the types of materials needed and the
sources of such materials, and the condition of the local labor market.
h. Contractor is responsible for the safety of the work and shall maintain all
lights, guards, signs, temporary passages, or other protections necessary for that purpose at
all times.
i. All work must be performed at Contractor’s risk, and Contractor shall
promptly repair or replace all damage and loss at its sole cost and expense regardless of the
reason or cause of the damage or loss; provided, however, should the damage or loss be
caused by an intentional or negligent act of the City, the risk of such loss shall be placed
on the City.
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j. Contractor is responsible for any loss or damage to materials, tools, or other
articles used or held for use in the completion of performance of the Construction Project.
k. Contractor’s performance must be without damage or disruption to any
other work or property of the City or of others and without interference with the operation
of existing machinery or equipment.
l. Title to all work, materials, and equipment covered by any payment of
Contractor’s compensation by City, whether directly incorporated into the Construction
Project or not, passes to City at the time of payment, free and clear of all liens and
encumbrances.
10. Delays and Extensions of Time: If Contractor’s performance of this Agreement
is prevented or delayed by any unforeseen cause beyond the control of the Contractor, including
acts or omissions of the City, Contractor shall, within ten (10) days of the commencement of any
such delay, give the City written notice thereof. Further, Contractor shall, within ten (10) days of
the termination of such delay, give the City written notice of the total actual duration of the delay.
If the City is provided with these required notices and if the City determines that the cause of the
delay was not foreseeable, was beyond the control of the Contractor, and was not a result of the
fault or negligence of the Contractor, then the City will determine the total duration of the delay
and extend the time for performance of the Agreement accordingly. Unless the delay is caused by
the intentional interference of the City with the Contractor’s performance, Contractor shall make
no claim for damages or any other claim other than for an extension of time as herein provided by
reason of any delays.
11. Suspension:
a. The City may, by written notice to the Contractor and at its convenience for
any reason, suspend the performance of all or any portion of the work to be performed on
the Construction Project (“Notice of Suspension”). The Notice of Suspension shall set
forth the time of suspension, if then known to the City. During the period of suspension,
Contractor shall use its best efforts to minimize costs associated with the suspension.
b. Upon Contractor’s receipt of any Notice of Suspension, unless the notice
requires otherwise, Contractor shall: (1) immediately discontinue work on the date and to
the extent specified in the Notice of Suspension; (2) place no further orders or subcontracts
for materials, services, or equipment; (3) promptly make every reasonable effort to obtain
suspension upon terms satisfactory to City of all orders, subcontracts, and rental
agreements to the extent that they relate to the performance of the work suspended; and (4)
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continue to protect and maintain the Project, including those portions on which work has
been suspended.
c. As compensation for the suspended work, Contractor will be reimbursed for
the following costs, reasonably incurred, without duplication of any item, and to the extent
that such costs directly resulted from the suspension: (1) a standby charge paid during the
period of suspension which will be sufficient to compensate Contractor for keeping, to the
extent required in the Notice of Suspension, Contractor’s organization and equipment
committed to the Project in standby status; (2) all reasonably incurred costs for the
demobilization of Contractor’s and subcontractor’s crews and equipment; (3) an equitable
amount to reimburse Contractor for the cost to protect and maintain the Project during the
period of suspension; and (4) an equitable adjustment in the cost of performing the
remaining portion of the work post-suspension if, as a direct result of the suspension, the
cost to Contractor of subsequently performing the remaining work on the Construction
Project has increased or decreased.
d. Upon receipt of written notice by the City to resume the suspended work
(“Notice to Resume Work”), Contractor shall immediately resume performance of the
suspended work as to the extent required in the Notice to Resume Work. Any claim by
Contractor for time or compensation described in Section 11(c) shall be made within fifteen
(15) days after receipt of the Notice to Resume Work and Contractor shall submit a revised
Construction Schedule for the City’s review and approval. Contractor’s failure to timely
make such a claim shall result in a waiver of the claim.
e. No compensation described in Section 11(c) shall be paid and no extension
of time to complete the Construction Project shall be granted if the suspension results from
Contractor’s non-compliance with or breach of the terms or requirements of this
Agreement.
12. 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 Construction
Project (“Termination Notice Due to Contractor’s Fault”). The City may then take over
the Construction Project and complete it, either with its own resources or by re-letting the
contract to any other third party, and may immediately take possession of and use such
materials, appliances, tools, and equipment as may be on the site and which may be
necessary for the completion of the Construction Project.
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b. In the event of a termination pursuant to this Section 12, Contractor shall be
entitled to payment only for those services Contractor actually rendered. In the case of a
lump sum or unit price contract, Contractor shall not be entitled to any further payment
until the Construction Project has been completed. Upon completion of the Construction
Project, if the unpaid balance of the Contractor’s compensation exceeds the cost to the City
of completing the work, including all costs paid to any subcontractors or third parties
retained by the City to complete the Construction Project and all administrative costs
resulting from the termination (“City’s Cost for Completion”), such excess shall be paid to
the Contractor. If the City’s Cost for Completion exceeds the unpaid balance of the
Contractor’s compensation, then Contractor and its sureties shall be liable for and shall pay
the difference, plus interest at the rate applicable to court judgments, to the City.
c. Any termination provided for by this Section 12 shall be in addition to any
other remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 12, 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.
13. 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 work on the Construction Project, 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 work on the
Construction Project, discontinue placing orders for materials, supplies, and equipment for
the Construction Project, and make every reasonable effort to 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, in progress, or in
transit to the construction site.
c. In the event of a termination pursuant to this Section 13, Contractor is
entitled to payment only for those services Contractor actually rendered and materials
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actually purchased or which Contractor has made obligations to purchase on or before the
receipt of the Notice of Termination for City’s Convenience, and reasonably incurred costs
for demobilization of Contractor’s and any subcontractor’s crews. It is agreed that any
materials that City is obligated to purchase from Contractor will remain the City’s sole
property.
d. The compensation described in Section 13(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.
14. 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 ten (10) 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.
15. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be Ellie Staley 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 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 Rob Evans 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.
16. Locating Underground Facilities: Contractor shall be responsible for obtaining
and determining the location of any underground facilities, including but not limited to, the
location of any pipelines or utility supply, delivery, or service lines in accordance with the
provisions of §69-4-501, et seq., Montana Code Annotated (MCA). Contractor shall make every
effort to avoid damage to underground facilities and shall be solely responsible for any damage
that may occur. If City personnel assume responsibility for locating any underground facilities,
this fact shall be noted in writing prior to commencement of such location work.
17. 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, pay all fees
and charges in connection therewith, and perform all surveys and locations necessary for the timely
completion of the Construction Project.
18. Ownership of Documents; Indemnification: All plans, designs, drawings,
specifications, documents, sample results and data, in whatever medium or format, originated or
prepared by or for Contractor in contemplation of, or in the course of, or as a result of this
Agreement or work on the Construction Project, shall be promptly furnished to the City (“City
Documents and Information”). All City Documents and Information shall be the exclusive
property of the City and shall be deemed to be works-for-hire. Contractor hereby assigns all right,
title, and interest in and to the City Documents and Information, including but not limited to, all
copyright and patent rights in and to the City Documents and Information. Neither party grants to
the other any express or implied licenses under any patents, copyrights, trademarks, or other
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intellectual property rights, except to the extent necessary to complete its obligations to the other
under this Agreement.
19. 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.
20. Nondiscrimination and Equal Pay: Contractor agrees that all hiring by Contractor
of persons performing this Agreement shall be on the basis of merit and qualifications. Contractor
will have a policy to provide equal employment opportunity in accordance with all applicable state
and federal anti-discrimination laws, regulations, and contracts. Contractor shall 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.
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.
21. Intoxicants; DOT Drug and Alcohol Regulations: Contractor shall not permit or
suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, upon the site
of the Construction Project. 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.
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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.
22. Labor Relations:
a. Contractor shall post a legible statement of all wages and fringe benefits to
be paid to the Contractor’s employees and the frequency of such payments (i.e., hourly
wage employees shall be paid weekly). Such posting shall be made in a prominent and
accessible location at the site of the Construction Project and shall be made no later than
the first day of work. Such posting shall be removed only upon the final completion of the
Construction Project and the termination of this Agreement.
b. In performing the terms and conditions of this Agreement and the work on
the Construction Project, Contractor shall give preference to the employment of bona fide
residents of Montana, as required by §18-2-403, MCA, and as such, term is defined by
§18-2-401(1), MCA. When making assignments of work, Contractor shall use workers
both skilled in their trade and specialized in their field of work for all work to which they
are assigned.
c. Pursuant to §18-2-403 and §18-2-422, MCA, Contractor shall pay wages,
benefits, and expenses in conformance with the current version of the Prevailing Wage
Rates for Highway Construction Services as published by the Montana Department of
Labor and Industry and which are applicable to Gallatin County. Contractor shall pay all
hourly wage employees on a weekly basis. Violation of the requirements to pay applicable
prevailing wage rates may subject the Contractor to the penalties set forth in §18-2-407,
MCA. Contractor shall maintain payroll records and provide certified copies to the City.
Contractor shall maintain such payroll records during the term of this Agreement, the
course of the work on the Construction Project, and for a period of three (3) years following
the date of final completion of the Construction Project and termination of this Agreement.
d. In the event that, during the term of this Agreement and throughout the
course of Contractor’s performance of the Construction Project, any labor problems or
disputes of any type arise or materialize which in turn cause any work on the Construction
Project 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 to
resume work on the Construction Project shall be left to the discretion of Contractor;
provided, however, that Contractor shall bear all costs of any related legal action.
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Contractor shall provide immediate relief to the City so as to permit the work on the
Construction Project to resume and be completed within the time frames set forth in the
Construction Schedule at no additional cost to City.
b. Contractor shall indemnify, defend, and hold the City harmless from any
and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting
from, or occurring in connection with any labor problems or disputes or any delays or
stoppages of work associated with such problems or disputes.
23. Subcontractors:
a. Contractor may employ subcontractors for any work on the Construction
Project. Contractor shall provide City with a list of all subcontractors employed.
b. Contractor remains fully responsible for the acts and omissions of any
subcontractor, just as Contractor is for its own acts and omissions, and Contractor shall
remain fully responsible and liable for the timely completion of the Construction Project.
c. Contractor is solely liable for any and all payments to subcontractors.
Contractor shall hold all payments received from the City in trust for the benefit of
subcontractors, and all such payments shall be used to satisfy obligations of the
Construction Project before being used for any other purpose. Contractor shall make any
payments due to any subcontractor within seven (7) days of Contractor’s receipt of
payment, including a proportional part of the retainage Contractor has received from the
City. In the event of a dispute regarding any subcontractor’s invoice, Contractor shall
promptly pay the undisputed amount to the subcontractor and notify the subcontractor in
writing of the amount in dispute and the reasons for the dispute. Any withholding of
payment must comply with the requirements of §28-2-2103, MCA. In the event Contractor
is unwilling or unable to make timely and proper payment to any subcontractor, City may
elect to withhold any payment otherwise due to Contractor and upon seven (7) days’
written notice to Contractor, may pay subcontractor by direct or joint payment.
24. Indebtedness and Liens: Before City may make any final payment to Contractor,
Contractor shall furnish City with satisfactory proof that there are no outstanding debts or liens in
connection with the Construction Project. If the Contractor allows any indebtedness to accrue to
subcontractors or others during the progress of the work, and fails to pay or discharge the same
within five (5) days after demand, then City may either withhold any money due to Contractor
until such indebtedness is paid or apply the same towards the discharge of the indebtedness. If
any lien or claim is filed or made by any subcontractor, material supplier, or any other person, the
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Contractor shall immediately notify the City and shall cause the same to be discharged of record
within thirty (30) days after its filing.
25. Hazard Communication: Contractor shall comply with all hazard communication
requirements dictated by the Environmental Protection Agency, the Montana Department of
Agriculture, OSHA, Hazard Communications Standard, 29 CFR 1910.1200, and applicable City
ordinances. Contractor shall supply a chemical list, the associated material safety data sheets
(MSDS), and other pertinent health exposure data for chemicals that the Contractor’s,
subcontractor’s or the City’s employees may be exposed to while working on City property during
the course of the Construction Project. One copy of this documentation must be delivered to City
to the attention of the City’s Representative. This documentation must be delivered before work
involving these chemicals may commence.
26. Accounts and Records: During the term of this Agreement and for two (2) years
following the City’s final acceptance of the Construction Project, Contractor shall maintain
accounts and records related to the Construction Project. Upon reasonable notice, City shall have
the right to inspect all such accounts and records, including but not limited to, Contractor’s records,
books, correspondence, instructions, drawings, specifications, field and site notes, receipts,
invoices, bills, contracts, or other documents relating to the Construction Project.
27. Indemnification; Insurance; Bonds:
a. Contractor agrees to release, defend, indemnify, and hold harmless the City,
its agents, representatives, employees, and officers (collectively referred to for purposes of
this Section as the City) from and against any and all claims, demands, actions, fees and
costs (including attorney’s fees and the costs and fees of and expert witness and
consultants), losses, expenses, liabilities (including liability where activity is inherently or
intrinsically dangerous) or damages of whatever kind or nature connected therewith and
without limit and without regard to the cause or causes thereof or the negligence of any
party or parties that may be asserted against, recovered from or suffered by the City
occasioned by, growing or arising out of or resulting from or in any way related to: (i) the
negligent, reckless, or intentional misconduct of the Contractor; (ii) any negligent, reckless,
or intentional misconduct of any of the Contractor’s agents; or (iii) the negligent, reckless
or intentional misconduct of any other party.
b. Such obligations shall not be construed to negate, abridge, or reduce other
rights or obligations of indemnity that would otherwise exist. The indemnification
obligations of this Section must not be construed to negate, abridge, or reduce any
common-law or statutory rights of the indemnitee(s) which would otherwise exist as to
such indemnitee(s).
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c. Contractor’s indemnity under this Section shall be without regard to and
without any right to contribution from any insurance maintained by City.
d. 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.
e. 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.
f. 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.
g. These obligations shall survive termination of this Agreement and the
services performed hereunder.
h. In addition to and independent from the above, Contractor shall at
Contractor’s expense secure insurance coverage through an insurance company or
companies duly licensed and authorized to conduct insurance business in Montana which
insures the liabilities and obligations specifically assumed by the Contractor in this Section.
The insurance coverage shall not contain any exclusion for liabilities specifically assumed
by the Contractor in subsection (a) of this Section. 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 shown below:
• Workers’ Compensation – not less than statutory limits;
• Employers’ Liability - $1,500,000 per occurrence; $2,000,000 annual aggregate;
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• Commercial General Liability (bodily injury and property damage) -
$1,500,000 per occurrence; $3,000,000 annual aggregate;
• Products and Completed Operations – $3,000,000;
• Automobile Liability - $1,500,000 property damage/bodily injury; $2,000,000
annual aggregate (all owned, hired, non-owned vehicles);
• Builder’s Risk/Property Insurance at least as broad as that provided by the ISO
special causes of loss form (CP10 30) naming at a minimum the City in an
amount equal to greater of Contractor’s compensation or full replacement value of
the work (covering at a minimum all work, buildings, materials and equipment,
whether on site or in transit, loss due to fire, lightening, theft, vandalism,
malicious mischief, earthquake, collapse, debris removal, demolition occasioned
by enforcement of laws, water damage, flood if site within a flood plain, repair or
replacement costs, testing and start-up costs) on an all risk coverage basis.
• Owner’s and Contractor’s Protective Liability: one policy designating the City
(including its agents, representatives, employees, and officers) as the insured and
another independent policy designated the City’s Representative (including its
consultants, consultants, agents and employees) as the insured on the declarations
with both policies covering: (i) operations performed by the Contractor under this
Agreement for the City; and (ii) the City’s and City’s Representatives acts or
omissions, including negligent acts, in connection with its general supervision of
the work of the Contractor’s and its subcontractors - $1,000,000 per occurrence;
$3,000,000 aggregate;
• Contractual Liability Insurance (covering the Contractor’s indemnity
obligations described in this Agreement) - $1,000,000 per occurrence $3,000,000
aggregate
The amounts of insurance provided shall be exclusive of defense costs. The City of
Bozeman shall be endorsed as an additional or named insured on a primary non-
contributory basis on both the Commercial General and Automobile Liability policies. The
insurance and required endorsements must be in a form suitable to City and shall include
no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify
City within two (2) business days of Contractor’s receipt of notice that any required
insurance coverage will be terminated or Contractor’s decision to terminate any required
insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the
Contractor commencing work.
i. Required Bonds. Contractor shall make, execute, purchase, maintain and deliver
to City performance and payment bonds in an amount at least equal to the Contractor’s
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compensation under this Agreement, conditioned that the Contractor shall faithfully
perform of all of Contractor’s obligations under this Agreement and pay all laborers,
mechanics, subcontractors, material suppliers and all persons who supply the Contractor
or Contractor’s subcontractors with provisions, provender, material, or supplies for
performing work on the Construction Project. All bonds must be obtained with a surety
company that is duly licensed and authorized to transact business within the state of
Montana and to issue bonds for the limits so required. The surety company must have a
Best’s Financial Strength Rating of A, as rated by the A. M. Best Co., or an equivalent
rating from a similar rating service. All bonds must remain in effect throughout the life of
this Agreement and for a minimum of one (1) year following the date of expiration of
Contractor’s warranties. A certified copy of the agent’s authority to act must accompany
all bonds signed by an agent. If the surety on any bond furnished by Contractor is declared
bankrupt or becomes insolvent or its right to do business within the state of Montana is
terminated, Contractor shall promptly notify City and shall within twenty (20) days after
the event giving rise to such notification, provide another bond with another surety
company, both of which shall comply with all requirements set forth herein.
Bond Types and Amounts:
1. Performance Bond Equal to Contractor’s compensation amount
2. Labor and Materials Bond Equal to Contractor’s compensation amount
28. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings. Contractor understands that all contractors or subcontractors
working on a publicly funded project are required to pay or have withheld from earnings a license
fee of one percent (1%) of the gross contract price if the gross contract price is Five Thousand
Dollars ($5,000) or more. This license fee is paid to the Montana Department of Revenue.
29. 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 shall be resolved in a court of
158
Construction Agreement for
2023 Downtown Bozeman Alley Enhancement Pilot Project
Page 19 of 21
competent jurisdiction in compliance with the Applicable Law provisions of this
Agreement.
30. Survival: Contractor’s indemnification and warranty obligations shall survive the
termination or expiration of this Agreement for the maximum period allowed under applicable
law.
31. 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.
32. Waiver: A waiver by City of any default or breach by Contractor of any covenants,
terms, or conditions of this Agreement does not limit City’s right to enforce such covenants, terms,
or conditions or to pursue City’s rights in the event of any subsequent default or breach.
33. 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.
34. Severability: If any portion of this Agreement is held to be void or unenforceable,
the balance thereof shall continue in effect.
35. Applicable Law: The parties agree that this Agreement is governed in all respects
by the laws of the State of Montana.
36. Binding Effect: This Agreement is binding upon and inures to the benefit of the
heirs, legal representatives, successors, and assigns of the parties.
37. Amendments: This Agreement may not be modified, amended, or changed in any
respect except by a written document signed by all parties.
38. 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.
38. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
159
Construction Agreement for
2023 Downtown Bozeman Alley Enhancement Pilot Project
Page 20 of 21
39. Assignment: Contractor may not assign this Agreement in whole or in part without
the prior written consent of the City. No assignment will relieve Contractor of its responsibility
for the performance of the Agreement and the completion of the Construction Project. Contractor
may not assign to any third party other than Contractor’s subcontractors on the Construction
Project, the right to receive monies due from City without the prior written consent of City.
40. Authority: Each party represents that it has full power and authority to enter into
and perform this Agreement and the person signing this Agreement on behalf of each party has
been properly authorized and empowered to sign this Agreement.
41. Independent Contractor: The parties agree and acknowledge that in the
performance of this Agreement and the completion of the Construction Project, Contractor shall
render services as an independent contractor and not as the agent, representative, subcontractor, or
employee of the City. The parties further agree that all individuals and companies retained by
Contractor at all times will be considered the agents, employees, or independent contractors of
Contractor and at no time will they be the employees, agents, or representatives of the City.
42. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained therein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties
other than as set forth in this Agreement. All communications, either verbal or written, made prior
to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part
of this Agreement by reference.
43. 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 ****
160
Construction Agreement for
2023 Downtown Bozeman Alley Enhancement Pilot Project
Page 21 of 21
IN WITNESS WHEREOF, Contractor and City have caused this Agreement to be
executed, effective on the date written above, and intend to be legally bound thereby.
CITY OF BOZEMAN, MONTANA CONTRACTOR
By: _______________________________ By:
Jeff Mihelich, City Manager
Print Name:
Title:
APPROVED AS TO FORM:
By: _______________________________
Greg Sullivan, City Attorney
161
NOTICE OF AWARD
Dated: August 9, 2023
TO: Constructive Solutions Inc.
ADDRESS: 111 South Grand Ave. Suite 223, Bozeman, MT 59715
CONTRACT FOR: The Downtown Alley Enhancement Pilot Project
You are notified that your Bid opened on July 17th, 2023 for the above Contract has been
considered. You are the apparent Successful Bidder and have been awarded a Contract for the:
The Contract Price of your Contract is: $298,513.28
Two (2) copies of each of the proposed Contract Documents have been signed and One copy
accompanies this Notice of Award for your records.
CITY OF BOZEMAN, MONTANA
BY: __________________________________
(CITY MANAGER)
BY: ___________________________________
(CITY CLERK)
DATE: _______________________________
162
-1-
Exhibit B: Scope of Services Agreement
EXHIBIT B: SCOPE OF SERVICE AGREEMENT
CLIENT CONTACT: CONTRACTOR CONTACT:
Downtown Bozeman Partnership
222 East Main Street, Suite 302
Bozeman, Montana 59715
Constructive Solutions Inc.
111 S. Grand Ave. Suite 223
Bozeman, MT 59715
Primary Contact: Ellie Staley,
ellie@downtownbozeman.org
Primary Contact:
Rob Evans,
team@constructivesolutionsmt.com
Term:
August 22, 2023 to ____________, 2022
Project Overview:
Downtown Alley Enhancement Pilot Project. Enhancement Asphalt coating, visual enhancements
via murals and sculpture installations, lighting improvements, landscape and hardscape
improvements, site furnishings, signage, and miscellaneous other items in and around the alley
between North Tracy Avenue and North Black Avenue within the City of Bozeman, as specified in
the contract documents.
Service Details:
Notes: 1. Costs for mobilization, insurance, bonding, taxes, traffic control, etc. are incidental. Costs for these items are to be
included in the other bid item costs. No separate bid items are provided
2. There is a bid item for miscellaneous work provided below. We have assigned a cost of $15,000 to help cover
any extra work that may be needed/required on the project. Extra work items must be pre-approved by the City
Engineer.
ITE
M
DESCRIPTION ESTIMATED
QUANTITY UNIT UNIT
PRICE
TOTAL
PRICE
1 Asphalt Protective Coating
StreetBond Durashield 3,653 SF
2 Rock Bark 300 SF
3 Asphalt Protective Coating - River
StreetBond MMA 4,040 SF
4 Curved Bench with Back 2 EA
5 Bench 1 EA
163
-2-
Exhibit B: Scope of Services Agreement
6 Concrete Path 44 SF
7 Sculpture & Brackets 3 EA
8 String Light & Frame 249 LF
9 LED Wall Wash Light 4 EA
10 LED Wall Mount Light 7 EA
11 Bike Rack 3 EA
12 Entry Wayfinding Sign &
Brackets
2 EA
13 Painted Mural &
Anti-Graffiti Coating 800 SF
14 Vinyl Art Wrap 2,795 SF
15 Historic Plaque 5 EA
16 Tree Pruning 2 EA
17 Landscape Planting & Related
Irrigation System Repairs/Retrofits Per Plans
18 Clean/Power Wash Trash
Receptacle Alcove 2 EA
19 Holiday Lights Per Plans
20 Miscellaneous 1 Unit $15,000
Additional Services:
City of Bozeman Contractor Name
Signature: __________________________ Signature: _________________________
Printed: __________________________ Printed: _________________________
Title: __________________________ Title: _________________________
Date: __________________________ Date: _________________________
164
Memorandum
REPORT TO:City Commission
FROM:Addi Jadin, Park Planning and Development Manager
Mitch Overton, Director of Parks and Recreation
SUBJECT:Authorize the City Manager to Sign a Notice of Award with Highland
Construction for the Glen Lake Rotary Park Parking Lot, and Final Documents
Once Received
MEETING DATE:August 22, 2023
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign a Notice to Proceed with Highland
Construction for the Glen Lake Rotary Park Parking Lot, and Final Documents
Once Received
STRATEGIC PLAN:6.5 Parks, Trails & Open Space: Support the maintenance and expansion of
an interconnected system of parks, trails and open spaces.
BACKGROUND:This project is the first phase of the Glen Lake Rotary Park parking lot master
plan and builds a new area of parking between the existing lot and the new
south entrance road into the park off of Manley Road. The project includes a
shared use path and related stormwater management facilities. Highland
Construction responded to the City's invitation to bid and was the the only
entity to submit.
UNRESOLVED ISSUES:NA.
ALTERNATIVES:Per Commission
FISCAL EFFECTS:The City's $164,092.50 contribution to the base bid amount for the project
will be from FY2023 and FY2024 Park Improvement Grants unless additional
grant funding is received. Per the related MOU with Bozeman Sunrise Rotary
Club, the remainder of the base bid amount will be paid to the City by BSRC.
Attachments:
GLRP_Notice_of_Award.pdf
GLRP_Bid_Recommendation_070123.pdf
Report compiled on: August 10, 2023
165
EJCDC C-510 Notice of Award
Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute.
Page 1 of 1
Notice of Award
Date: _______________
Project: Glen Lake Rotary Park Phase I Improvements
Owner: City of Bozeman Owner's Contract No.:
Contract: To install Phase I park improvements in Glen Lake Rotary
Park in Bozeman, MT.
Engineer's Project No.: 17055
Bidder: Highland Construction Services, LLC
Bidder's Address: 7400 Thorpe Road; Belgrade, MT 59714
You are notified that your Bid dated June 8, 2023 for the above Contract has been considered. You are the
Successful Bidder and are awarded a Contract for Base Bid – Phase I Park Improvements.
The Contract Price of your Contract is Four Hundred Thirty-Nine Thousand, Ninety-Two and 50/100
Dollars ($439,092.50).
Four (4) copies of the proposed Contract Documents (except Drawings) accompany this Notice of Award.
Two (2) sets of the Drawings will be delivered separately or otherwise made available to you immediately.
You must comply with the following conditions precedent within [15] days of the date you receive this
Notice of Award.
1. Deliver to the Owner Four (4) fully executed counterparts of the Contract Documents.
2. Deliver with the executed Contract Documents the Contract security [Bonds] as specified in the
Instructions to Bidders (Article 20), General Conditions (Paragraph 5.01), and Supplementary
Conditions (Paragraph SC-5.01).
3. Other conditions precedent:
Deliver with the executed Contract Documents the required insurance certificates.
Failure to comply with these conditions within the time specified will entitle Owner to consider you in
default, annul this Notice of Award, and declare your Bid security forfeited.
Within ten days after you comply with the above conditions, Owner will return to you one fully executed
counterpart of the Contract Documents.
City of Bozeman
Owner
By:
Authorized Signature
Title
Copy to Engineer
166
July 1, 2023
Ms. Addi Jadin
Parks and Recreation Department
City of Bozeman
P.O. Box 1230
Bozeman, MT 59771
Reference: Bid Award Recommendation
Glen Lake Rotary Park Phase I Improvements
Project No. 17055
Dear Addi:
On June 8, 2023, competitive bids for the above referenced project were accepted and publicly
opened. Only one bid was received. Listed below is a summary of the verified bid relative to the
engineer’s opinion of probable cost:
Bidder Base Bid
Additive Alt.
No. 1
Additive Alt.
No. 2
Additive Alt.
No. 3
Highland Construction $439,092.50 $62,364.25 $20,095.00 $175,049.00
Engineer’s Opinion of Probable Cost $302,882.80 $42,084.40 $13,748.00 $93,430.00
A math error was noted in Highland’s total bid for Additive Alternate No. 3 and has been corrected
in the summary above. Based on this review and the funding currently available for the project,
Sanderson Stewart recommends that the City of Bozeman move forward with a contract award to
Highland Construction for the base bid in the amount of $439,092.50. Portions of one or more of
the additive alternates may be added to the contract as a change order if additional funding becomes
available. Attached are copies of the bid tabulation and the signed bid documents from Highland
Construction.
Please call if you have any questions or would like further information.
Sincerely,
Danielle Scharf, PE, PTOE, LEED AP
Principal|Western Region Manager
Attachments: Bid Tabulation
Copy of Bid Documents
V:17055_GLRP_Bid_Recommendation_070123
167
PAGE 1 OF 2 BID TABULATION
7/1/2023
PROJECT:Glen Lake Rotary Park Phase 1 Improvements BID DATE:
S.S. PROJECT NO.:17055.01 BID TIME:
BY:Sanderson Stewart
FOR:City of Bozeman
UNIT TOTAL UNIT TOTAL
ITEM EST.UNIT PRICE PRICE PRICE PRICE
NO.QTY.DESCRIPTION $$$$
Base Bid - Phase 1 Park Improvements
101 1 LS Mobilization and Insurance $34,192.80 /LS =$34,192.80 $50,000.00 /LS =$50,000.00
102 1 LS Storm Water Management and Erosion Control $5,000.00 /LS =$5,000.00 $12,000.00 /LS =$12,000.00
103 1 LS Traffic Control $2,000.00 /LS =$2,000.00 $25,000.00 /LS =$25,000.00
104 8 EA Remove and Relocate Existing Sign $1,000.00 /EA =$8,000.00 $500.00 /EA =$4,000.00
105 1,700 CY Strip, Stockpile, and Replace Topsoil $25.00 /CY =$42,500.00 $16.00 /CY =$27,200.00
106 545 CY Unclassified Excavation $16.00 /CY =$8,720.00 $15.00 /CY =$8,175.00
107 55 CY Pond Excavation $20.00 /CY =$1,100.00 $25.00 /CY =$1,375.00
108 1,760 CY On-Site Borrow for Compacted Fill to Subgrade $10.00 /CY =$17,600.00 $15.00 /CY =$26,400.00
109 240 CY
On-Site Borrow for 6-inch Minus Pit Run Subbase Gravel
(12-inch Thick)$10.00 / CY =$2,400.00 $15.00 / CY =$3,600.00
110 610 CY 6-inch Minus Pit Run Subbase Gravel (12-inch Thick)$30.00 /CY =$18,300.00 $42.00 /CY =$25,620.00
111 210 CY 1-inch Minus Road Mix Gravel (3-inch Thick)$45.00 /CY =$9,450.00 $58.00 /CY =$12,180.00
112 140 CY 1½-inch Base Course Gravel (9-inch Thick) for West
Side Asphalt Path $50.00 / CY =$7,000.00 $60.00 / CY =$8,400.00
113 85 CY 1½-inch Path Gravel (6-inch Thick) for East Side
Gravel Path $50.00 / CY =$4,250.00 $65.00 / CY =$5,525.00
114 500 SY Asphalt Surface Course (2.5-inch Thick) for Path $20.00 /SY =$10,000.00 $29.00 /SY =$14,500.00
115 2,165 SY Asphalt Surface Course (3-inch Thick) for $20.00 / SY =$43,300.00 $34.00 / SY =$73,610.00
116 2,470 SY Geotextile Stabilization Fabric $3.50 /SY =$8,645.00 $4.75 /SY =$11,732.50
117 850 LF Curb and Gutter $20.00 /LF =$17,000.00 $32.00 /LF =$27,200.00
118 500 SF 4-inch Thick Concrete Sidewalk $8.00 /SF =$4,000.00 $12.00 /SF =$6,000.00
119 745 SF 6-inch Thick Accessibility Ramp $10.00 /SF =$7,450.00 $21.00 /SF =$15,645.00
120 120 SF Truncated Dome Panels $50.00 /SF =$6,000.00 $100.00 /SF =$12,000.00
121 47.5 LF 12-inch RCP $50.00 /LF =$2,375.00 $100.00 /LF =$4,750.00
122 6 EA 12-inch RCP FETS $1,500.00 /EA =$9,000.00 $950.00 /EA =$5,700.00
123 1 EA Outlet Structure $5,000.00 /EA =$5,000.00 $4,500.00 /EA =$4,500.00
124 2 EA Curb Inlet Chase $500.00 /EA =$1,000.00 $9,400.00 /EA =$18,800.00
125 2 EA Curb Cut $500.00 /EA =$1,000.00 $500.00 /EA =$1,000.00
126 5.2 GAL White Epoxy Pavement Markings $250.00 / GAL =$1,300.00 $1,000.00 / GA =$5,200.00
127 160 SF White Thermoplastic Pavement Markings $30.00 /SF =$4,800.00 $38.00 /SF =$6,080.00
128 8 EA New Sign $1,000.00 /EA =$8,000.00 $800.00 /EA =$6,400.00
129 1 LS Bike Parking $1,500.00 /LS =$1,500.00 $4,500.00 /LS =$4,500.00
130 1 LS Micellaneous Work Item $12,000.00 /LS =$12,000.00 $12,000.00 /LS =$12,000.00
$302,882.80 $439,092.50
Additive Alternate No. 1 - North Entrance
1-101 1 LS Mobilization and Insurance $4,401.90 / LS =$4,401.90 $3,000.00 / LS =$3,000.00
1-102 1 LS Traffic Control $1,000.00 / LS =$1,000.00 $8,500.00 / LS =$8,500.00
1-103 250 SF Sawcut, Remove and Dispose of Existing Asphalt $10.00 / SF =$2,500.00 $15.00 / SF =$3,750.00
1-104 185 CY Unclassified Excavation $16.00 / CY =$2,960.00 $15.00 / CY =$2,775.00
1-105 140 CY 6-inch Minus Pit Run Subbase Gravel (12-inch Thick)$30.00 / CY =$4,200.00 $42.00 / CY =$5,880.00
1-106 30 CY 1-inch Minus Road Mix Gravel (3-inch Thick)$45.00 / CY =$1,350.00 $58.00 / CY =$1,740.00
1-107 241 SY Street/Parking $20.00 / SY =$4,820.00 $34.00 / SY =$8,194.00
1-108 315 SY Geotextile Stabilization Fabric $3.50 / SY =$1,102.50 $4.75 / SY =$1,496.25
1-109 235 LF Curb and Gutter $20.00 / LF =$4,700.00 $32.00 / LF =$7,520.00
1-110 270 SF 4-inch Thick Concrete Sidewalk $8.00 / SF =$2,160.00 $12.00 / SF =$3,240.00
1-111 65 SF 6-inch Thick Accessibility Ramp $10.00 / SF =$650.00 $21.00 / SF =$1,365.00
1-112 20 SF Truncated Dome Panels $50.00 / SF =$1,000.00 $100.00 / SF =$2,000.00
1-113 4 EA Curb Cut $500.00 / EA =$2,000.00 $500.00 / EA =$2,000.00
1-114 208 SF White Thermoplastic Pavement Markings $30.00 / SF =$6,240.00 $38.00 / SF =$7,904.00
1-115 1 LS Micellaneous Work Item $3,000.00 / LS =$3,000.00 $3,000.00 / LS =$3,000.00
$42,084.40 $62,364.25
June 8, 2023
2:00 PM
Engineer's Opinion of Probable Cost
Subtotal - Base Bid - Phase 1 Park Improvements =
Subtotal - Additive Alternate No. 1 - North Entrance =
Highland Construction (6/8/23)
106 E Babcock St, Suite L1 Bozeman, Montana 59715 Phone 406.522.9876 Fax 406.656.0967 www.sandersonstewart.com 168
PAGE 2 OF 2 BID TABULATION
7/1/2023
PROJECT:Glen Lake Rotary Park Phase 1 Improvements BID DATE:
S.S. PROJECT NO.:17055.01 BID TIME:
BY:Sanderson Stewart
FOR:City of Bozeman
UNIT TOTAL UNIT TOTAL
ITEM EST.UNIT PRICE PRICE PRICE PRICE
NO.QTY.DESCRIPTION $$$$
June 8, 2023
2:00 PM
Engineer's Opinion of Probable Cost Highland Construction (6/8/23)
Additive Alternate No. 2 - Maintenance Yard Access Road
2-101 1 LS Mobilization and Insurance $1,473.00 / LS =$1,473.00 $2,000.00 / LS =$2,000.00
2-102 100 CY 6-inch Minus Pit Run Subbase Gravel (12-inch Thick)$30.00 / CY =$3,000.00 $42.00 / CY =$4,200.00
2-103 25 CY 1-inch Minus Road Mix Gravel (3-inch Thick)$45.00 / CY =$1,125.00 $58.00 / CY =$1,450.00
2-104 280 SY Asphalt Surface Course (3-inch Thick) for $20.00 / SY =$5,600.00 $34.00 / SY =$9,520.00
2-105 300 SY Geotextile Stabilization Fabric $3.50 / SY =$1,050.00 $4.75 / SY =$1,425.00
2-106 1 LS Micellaneous Work Item $1,500.00 / LS =$1,500.00 $1,500.00 / LS =$1,500.00
$13,748.00 $20,095.00
Additive Alternate No. 3 - Landscaping and Irrigation
3-101 1 LS Mobilization and Insurance $5,000.00 / LS =$5,000.00 $10,000.00 / LS =$10,000.00
3-102 1 LS Mainline Irrigation and Controller $20,000.00 / LS =$20,000.00 $8,800.00 / LS =$8,800.00
3-103 362 LF System $15.00 / LF =$5,430.00 $14.50 / LF =$5,249.00
3-104 1 LS Drip Irrigation System $20,000.00 / LS =$20,000.00 $34,000.00 / LS =$34,000.00
3-105 1 LS Hydroseeding $10,000.00 / LS =$10,000.00 $6,000.00 / LS =$6,000.00
3-106 1 LS Trees $30,000.00 / LS =$30,000.00 $108,000.00 / LS =$108,000.00
3-107 1 LS Micellaneous Work Item $3,000.00 / LS =$3,000.00 $3,000.00 / LS =$3,000.00
$93,430.00 $175,049.00
Subtotal - Additive Alternate No. 2 - Maintenance Yard Access Road =
Subtotal - Additive Alternate No. 3 - Landscaping and Irrigation =
106 E Babcock St, Suite L1 Bozeman, Montana 59715 Phone 406.522.9876 Fax 406.656.0967 www.sandersonstewart.com 169
170
171
172
173
174
175
176
177
178
179
180
181
Memorandum
REPORT TO:City Commission
FROM:Brian Heaston, Senior Engineer
John Alston, Director of Utilities
SUBJECT:Authorize the City Manager to sign a Joint Funding Agreement with the U.S.
Geological Survey for the continued operation of the real-time streamflow
gaging stations on the East Gallatin River and Hyalite Creek for federal fiscal
year 2024.
MEETING DATE:August 22, 2023
AGENDA ITEM TYPE:Agreement - Agency/Non-profit
RECOMMENDATION:Authorize the City Manager to sign a Joint Funding Agreement with the U.S.
Geological Survey for the continued operation of the real-time streamflow
gaging stations on the East Gallatin River and Hyalite Creek for federal fiscal
year 2024.
STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other
public agencies and build on these successes.
BACKGROUND:The U.S. Geological Survey (USGS) operates a real-time streamflow gaging
station on the East Gallatin River near the City’s Water Reclamation Facility
and on Hyalite Creek near the mouth of Hyalite Canyon. These gages record
continuous real-time streamflow data that are made publicly available on
the USGS website. Real-time flow gaging provides beneficial data for the City
that may be utilized for a multitude of purposes, including: issuing flood
warnings, local drought stage monitoring, assessing climate impacts to long-
term water availability trends, and discharge permit compliance.
The City and USGS have historically partnered on funding the annual
maintenance and operations costs for the East Gallatin River gage. The
addition of joint funding for the Hyalite Creek gage was a new funding share
for the City for federal fiscal year 2023. Continued joint funding for the
Hyalite gage for the upcoming federal FY24 (Oct 1 – Sept 30) is provided for
in the attached FY24 Joint Funding Agreement.
UNRESOLVED ISSUES:The City and County are shown to equally split the non-federal annual
operating cost for the Hyalite gage. In the event the County does not
contribute its allocated share, the gage risks being discontinued from service
and removed from the USGS streamflow monitoring network unless the City
or other entity steps in to fill the funding gap.
182
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:The City’s cost share per the federal FY23 JFA amounts to $16,815, split
$11,200 for the East Gallatin gage and $5,605 for Hyalite. The approved
FY24 Wastewater Reclamation Facility operating budget includes has
sufficient line item budget to cover the East Gallatin River gage costs. The
approved FY24 Water Conservation Division operating budget includes
$11,000 line item for the Hyalite Creek gage, which is sufficient to keep the
gage operational in the event the County is unable to provide its allocated
share. If that occurs, the City’s JFA will require amendment to capture its
provided funding contribution.
Attachments:
24RSJFA009_00.pdf
Bozeman FY24 20230609 bloving.pdf
Report compiled on: August 10, 2023
183
Form 9‐1366
(May 2018)
U.S. Department of the Interior
U.S. Geological Survey
Joint Funding Agreement
FOR
Water Resource Investigations
Customer #: 6000001514
Agreement #: 24RSJFA009
Project #: RS00FN6
TIN #: 81‐6001238
Fixed Cost Agreement YES[ X ] NO[ ]
THIS AGREEMENT is entered into as of the October 1, 2023, by the U.S. GEOLOGICAL SURVEY, Wyoming-
Montana Water Science Center, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part, and the
City of Bozeman party of the second part.
1. The parties hereto agree that subject to the availability of appropriations and in accordance with their respective
authorities there shall be maintained in cooperation Water Resource Investigations (per attachment), herein called
the program. The USGS legal authority is 43 USC 36C; 43 USC 50, and 43 USC 50b.
2. The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work
directly related to this program. 2(b) include In-Kind-Services in the amount of $0.00
(a) $11,685 by the party of the first part during the period
October 1, 2023 to September 30, 2024
(b) $16,815 by the party of the second part during the period
October 1, 2023 to September 30, 2024
(c) Contributions are provided by the party of the first part through other USGS regional or national programs,
in the amount of: $0
Description of the USGS regional/national program:
(d) Additional or reduced amounts by each party during the above period or succeeding periods as may be
determined by mutual agreement and set forth in an exchange of letters between the parties.
(e) The performance period may be changed by mutual agreement and set forth in an exchange of letters
between the parties.
3. The costs of this program may be paid by either party in conformity with the laws and regulations respectively
governing each party.
4. The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review
by an authorized representative of the party of the first part.
5. The areas to be included in the program shall be determined by mutual agreement between the parties hereto or
their authorized representatives. The methods employed in the field and office shall be those adopted by the party of
the first part to insure the required standards of accuracy subject to modification by mutual agreement.
6. During the course of this program, all field and analytical work of either party pertaining to this program shall be
open to the inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner,
either party may terminate this agreement upon 60 days written notice to the other party.
7. The original records resulting from this program will be deposited in the office of origin of those records. Upon
request, copies of the original records will be provided to the office of the other party.
8. The maps, records or reports resulting from this program shall be made available to the public as promptly as
possible. The maps, records or reports normally will be published by the party of the first part. However, the party of
the second part reserves the right to publish the results of this program, and if already published by the party of the
first part shall, upon request, be furnished by the party of the first part, at cost, impressions suitable for purposes of
reproduction similar to that for which the original copy was prepared. The maps, records or reports published by
either party shall contain a statement of the cooperative relations between the parties. The Parties acknowledge that
scientific information and data developed as a result of the Scope of Work (SOW) are subject to applicable USGS
review, approval, and release requirements, which are available on the USGS Fundamental Science Practices
website (https://www2.usgs.gov/fsp/).
184
9. Billing for this agreement will be rendered annually. Invoices not paid within 60 days from the billing date will bear
Interest, Penalties, and Administrative cost at the annual rate pursuant the Debt Collection Act of 1982, (codified at
31 U.S.C. § 3717) established by the U.S. Treasury.
USGS Technical Point of Contact
Name: Brian Loving
Supervisory Hydrologist
Address: 521 Progress Circle Suite 6
Cheyenne, WY 82007-9660
Telephone: (307) 775-9174
Fax:
Email: bloving@usgs.gov
Customer Technical Point of Contact
Name: Brian Heaston
Project Engineer
Address: P.O. Box 1230
Bozeman, MT 59771-1230
Telephone: (406) 582-2924
Fax:
Email: bheaston@bozeman.net
USGS Billing Point of Contact
Name: Jennifer Walgrave
Budget Analyst
Address: 3162 Bozeman Ave
Helena, MT 59601
Telephone: (406) 457-5916
Fax: (406) 457-5990
Email: jwalgrave@usgs.gov
Customer Billing Point of Contact
Name: Brian Heaston
Project Engineer
Address: P.O. Box 1230
Bozeman, MT 59771-1230
Telephone: (406) 582-2924
Fax:
Email: bheaston@bozeman.net
U.S. Geological Survey
United States
Department of Interior
Signature
By_______________________ Date: 8/01/2023
Name: John M Kilpatrick
Title: Director
City of Bozeman
Signatures
By_______________________ Date: _________
Name:
Title:
By_______________________ Date: _________
Name:
Title:
By_______________________ Date: _________
Name:
Title:
Form 9‐1366
(May 2018)
U.S. Department of the Interior
U.S. Geological Survey
Joint Funding Agreement
FOR
Water Resource Investigations
Customer #: 6000001514
Agreement #: 24RSJFA009
Project #: RS00FN6
TIN #: 81‐6001238
185
COOPERATIVE WATER RESOURCES PROGRAM
City of Bozeman
USGS Wyoming-Montana Water Science Center
Federal Fiscal Year 2024 (20231001 - 20240930)
Station Name Bozeman USGS
Streamgaging
- Collect, compute, review, and publish continuous annual streamflow record
- Provide real-time data
06048650 E Gallatin R ab Water Reclamation Facility nr Bozeman MT $11,210 $7,790
06050000 Hyalite C at Hyalite R S nr Bozeman MT $5,605 $3,895
Streamgaging SUBTOTAL $16,815 $11,685
Bozeman USGS
Streamgaging TOTAL $16,815 $11,685
Performance Period
Annual: Oct 1 2023 through Sep 30 2024 (data collection)
Funding Period
Oct 1 2023 through Sep 30 2024
Status
Notes
6/12/2023 Costs for Hyalite dependent on additional funding provided by Gallatin LWQD
6/12/2023 Montana DNRC provided part of the funding in 2023, but
could not continue beyond that. This casued a price increase
for GLWQD and the City in 2024.
186
Memorandum
REPORT TO:City Commission
FROM:Tom Rogers, Senior Planner
Chris Saunders, Community Development Manager
Erin George, Deputy Director of Community Development
Anna Bentley, Director of Community Development
SUBJECT:Resolution 5491, Annexation of 0.7417 Acres, the 1603 Bridger Drive
Annexation, Application 22247
MEETING DATE:August 22, 2023
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Adopt Resolution 5491.
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 applicants and property owners, Susan A. and Per M. Hjalmarsson, 1603
Bridger Drive, Bozeman, MT 59715, seek annex approximately 0.7417
acres into the City limits and establish initial zoning of R-2, Residential
Moderate Density. The property is currently zoned “Residential Suburban”
within the county. Nearby municipal zoning includes Residential Single-
Household Low Density (R-1) to the north and Residential Suburban (R-S) to
the south. Land to the east and west is unincorporated and zoned
“Residential Suburban” within the county. The future land use map in the
Bozeman Community Plan 2020 designates the property as “Urban
Neighborhood” which the R-2 district serves to implement. There is an
existing residential structure on the property.
The Commission held a public hearing on the request on February 14, 2023
and acted to approve the application. The applicant finalized all required
terms of annexation including easements and signed the annexation
agreement. The associated zoning Ordinance 2137 accompanies this
Resolution of annexation.
187
UNRESOLVED ISSUES:None
ALTERNATIVES:As determined by the Commission.
FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds
will be changed by this Annexation or Zone Map Amendment. Future
development will incur costs and generate review according to standard City
practices.
Attachments:
05-ANNEX MAP-1603 Bridger Dr.pdf
22247 1603 Bridger Drive Annexation Agreement.pdf
22247 1603 Bridger Drive Annex Resolution 5491.pdf
Report compiled on: July 27, 2023
188
189
1603 BRIDGER DRIVE Annexation Agreement 1
Inter-office Original to:
City of Bozeman
City Clerk
PO Box 1230
Bozeman, MT 549771-1230
1603 BRIDGER DRIVE
ANNEXATION AGREEMENT
THIS AGREEMENT made and entered into this ______ day of __________________, 2023,
by and between the CITY OF BOZEMAN, a self-governing municipal corporation organized and
existing under its Charter and the laws of the State of Montana with offices at 121 N. Rouse Avenue,
Bozeman, Montana 59771-0640, hereinafter referred to as "City", and Susan A. and Per M. Hjalmarsson,
1603 Bridger Drive, Bozeman, MT 59715 hereinafter referred to as "Landowner".
WITNESSETH:
WHEREAS, Landowner is owner in fee of a tract of certain real property, hereinafter referred
to as the 1603 BRIDGER DRIVE ANNEXATION situated in Gallatin County, Montana, and more
particularly described as follows:
An area of land comprised described as follows:
Lots 19 and 20, MOUNT BALDY SUBDIVISION, [Plat F-10], according to the plat
thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County,
Montana, and that part of Bridger Drive, and located in the Southeast Quarter of Section
32, Township 1 South, Range 6 East of P.M.M.. Said property is further described as
follows:
Beginning at the northeast corner of said Lot 19; thence southerly 179°55'00", assumed
azimuth from north, 363.10 feet along the east line of said Lot 19 and its southerly
extension to the centerline of Bridger Drive; thence westerly 269°55'00" azimuth 100.00
feet along said centerline to the southerly extension of the west line of said Lot 20; thence
northerly 359°55'00" azimuth 363.10 feet along said southerly extension and along the west
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1603 BRIDGER DRIVE Annexation Agreement 2
line of said Lot 20 to the northwest corner of said Lot 20; thence easterly 089°55'00"
azimuth 100.00 feet along the north line of said Lot 20 to the point of beginning.
Area of Lots = 32,310 square feet, 0.7417 acre or 3,001.7 square meters.
Area of Right of Way = 4,000 square feet, 0.0918 acre or 371.6 square meters
All as depicted on the 1603 BRIDGER DRIVE Annexation Map.
WHEREAS, the Landowner petitioned the City for annexation to the City of said tract of land;
and
WHEREAS, the 1603 BRIDGER DRIVE ANNEXATION is not within the corporate limits of
the City or other municipality and may therefore be annexed to the City in accordance with the provisions
of this Agreement and Title 7, Chapter 2, Part 46, Mont. Code Ann.; and
WHEREAS, all parties recognize the annexation of the 1603 BRIDGER DRIVE
ANNEXATION pursuant to Section 7-2-4601, et seq., Mont. Code Ann. will allow the 1603 BRIDGER
DRIVE ANNEXATION to connect to and utilize City services, including municipal water and sewer
service, parks and recreation, fire and police services, and the City’s transportation system; and
WHEREAS, Section 7-2-4610, Mont. Code Ann. provides that a municipality and Landowner
can agree to the provisions of services to the area to be annexed; and
WHEREAS, the parties recognize additional development on the 1603 BRIDGER DRIVE
ANNEXATION will impact area parks, recreation, transportation, police, and fire services, and that
future improvements may require additional public infrastructure street improvements including
transportation for traffic circulation and the provisions of parks, recreation, police, and fire services; and
WHEREAS, the Landowner finds this Agreement will provide for the most satisfactory and
dependable water supply and sewer supply or service, and provide transportation, parks, recreation,
police and fire service for development of the 1603 BRIDGER DRIVE ANNEXATION; and
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1603 BRIDGER DRIVE Annexation Agreement 3
WHEREAS, the parties have determined that it is in the best interests of the City and Landowner,
and in furtherance of the public health, safety and welfare of the community to enter into and implement
this Agreement.
WITNES S ETH :
IN CONSIDERATION of the mutual covenants and agreements herein contained, the parties
hereto agree as follows:
1. Recitals
The above recitals are true and correct.
2. Annexation
The Landowner filed an application for annexation of the 1603 BRIDGER DRIVE
ANNEXATION with the City on July 25, 2022. By execution of this Agreement, the City manifests its
intent to annex the 1603 BRIDGER DRIVE ANNEXATION tract pursuant to the terms and conditions
of this Agreement. Subject to the provisions of Title 7, Chapter 2, Part 46, Mont. Code Ann. the City
shall, upon execution of this Agreement, adopt a Resolution of Annexation of the 1603 BRIDGER
DRIVE ANNEXATION. Further, upon the execution of this Agreement, the Landowner shall do all
things required by this Agreement and all things necessary and proper to aid and assist the City in
carrying out the terms, conditions and provisions of this Agreement and to effect the annexation of the
1603 BRIDGER DRIVE ANNEXATION.
3. Services Provided
The City will, upon annexation, make available to the 1603 BRIDGER DRIVE ANNEXATION
existing City services only to the extent currently available, or as provided in this Agreement.
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1603 BRIDGER DRIVE Annexation Agreement 4
4. Municipal Water Service Defined
The term "municipal water service" as is used in this agreement shall be the service which is
supplied by the City in accordance with Chapter 40, Article 2, Bozeman Municipal Code, as amended,
as well as any other terms and conditions which apply to the City's provision of municipal water service
but does not include the extension of lines or construction of necessary improvements at any cost to the
City for delivery of water to and within the 1603 BRIDGER DRIVE ANNEXATION. Nothing in this
Agreement shall obligate the City to pay for right-of-way acquisition, engineering, construction, and
other costs for the delivery of water to or within the 1603 BRIDGER DRIVE ANNEXATION to include,
but not limited to, any impact fees, hook-up, connection, or development charges which have been or
may be established by the City.
5. Municipal Sewer Service Defined
The term "municipal sewer service" as is used in this Agreement shall be the service which is
supplied by the City in accordance with Chapter 40, Article 3, Bozeman Municipal Code, as amended,
as well as any other terms and conditions which apply to the City's provision of this service but does not
include the extension of lines or construction of necessary improvements at any cost to the City for
collection of sewage at and within the 1603 BRIDGER DRIVE ANNEXATION. Nothing in this
Agreement shall obligate the City to pay for right-of-way acquisition, engineering, construction, and
other costs for the collection of sewage services to or within the 1603 BRIDGER DRIVE
ANNEXATION to include, but not limited to, any impact fees, hookup, connection, or development
charges which may be established by the City.
6. Water and Sewer Connections
Landowner understands and agrees that water and sewer services must be constructed in
accordance with design and specifications approved by the City prior to the installation of the water and
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1603 BRIDGER DRIVE Annexation Agreement 5
sewer lines. Landowner must contact the City Water and Sewer Division to obtain details of construction
requirements. Landowner further understands and agrees that prior to connection to the City water and
sewer system, any existing on-site sewage treatment system must be properly abandoned and
certification provided to the City Water and Sewer Division that the abandonment occurred. The
Landowner must report the abandonment to the Gallatin City County Health Department. In addition to
abandonment of the septic tank and leach field, the applicant must demonstrate that any sanitary sewer
line has been completely disconnected from any existing septic system prior to the Landowner
connecting the to the City sanitary sewer system.
Any wells presently used for domestic purposes may be retained for irrigation only, with no
physical connection to municipal domestic water piping. Certification that there is no physical
connection between any on-site well and a domestic water line coming from the City’s water supply
must be provided. The City Water and Sewer Division may perform an inspection of the property and
certify that the disconnection of the well and septic system abandonment are properly completed.
Landowner understands and agrees that if Landowner fails to properly abandon any existing septic
system and/or fails to disconnect any existing well from the domestic water piping as required herein the
City may upon ten day’s written notice to the Landowner terminate water and/or sewer services to the
property. Costs of all disconnects and/or subsequent reconnects shall be borne by Landowner.
7. Water Rights
The Landowner specifically recognizes and agrees that provisions for water rights or cash in-lieu
of water rights shall be provided upon further development or subdivision of the property in accordance
with Section 38.410.130, Bozeman Municipal Code and as may be amended. The amount of water rights
or cash-in-lieu thereof due at the time of further development or subdivision of the property will be
calculated based on the annual demand for volume of water the development will require multiplied by
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1603 BRIDGER DRIVE Annexation Agreement 6
the most current annual unit price in effect on the date the water rights are transferred or payment-in-lieu
of water rights is to be made to the City. As such, the Landowner acknowledges that the rates for cash
in-lieu of water rights may increase over time as established by Resolution of the City Commission.
Domestic water demand from the single residential house falls below the City threshold (0.25AF).
Therefore, no cash-in-lieu of water is required.
8. Comprehensive Water and Water Design Report
Prior to future development of the property the City may require the Landowner to have prepared
by a Professional Engineer, at Landowner’s sole expense, a comprehensive design report evaluating
existing capacity of sewer and water utilities in the area. The report must include hydraulic evaluations
of each utility for both existing and post-development demands, and the report findings must demonstrate
adequate capacity to serve the full development of the land. If adequate infrastructure capacity is not
available for the proposed development, the report must identify necessary water or wastewater system
improvements necessary for the proposed development. If improvements to this water or wastewater
system are necessary, the Landowner agree prior to development of the 1603 BRIDGER DRIVE
ANNEXATION to complete, at Landowner’s expense, the necessary system improvements to serve the
proposed development.
9. Future Development Limitations
The Landowner shall be responsible for installing all facilities required to provide full municipal
services to the property in accordance with the City’s Infrastructure Master Plans and all City regulations,
policies and guidelines that may be in effect at the time of any future development. Thus, Landowner
understands and agrees Landowner have no right, either granted or implied, for it to further develop any
of the 1603 BRIDGER DRIVE ANNEXATION until it is verified by the City that the necessary
municipal services, including but not limited to police and fire protection, parks and recreation,
195
1603 BRIDGER DRIVE Annexation Agreement 7
transportation, and sewer and water capacity, are available to all or a portion of the 1603 BRIDGER
DRIVE ANNEXATION. Notice is thus provided to the Landowner that prior to additional development
of the property, the Landowner will be solely responsible for installing, at Landowner’s sole expense,
any facilities or infrastructure required to provide full municipal services to the 1603 BRIDGER DRIVE
ANNEXATION in accordance with the City’s infrastructure plans, adopted Growth Policies/Community
Plans, and all other city regulations, policies and guidelines that may be in effect at the time of
development.
10. Stormwater Master Plan
Landowner understands and agrees a Stormwater Master Plan for the 1603 BRIDGER DRIVE
ANNEXATION for a system designed to remove solids, oils, grease, and other pollutants from the runoff
from public streets and other impermeable surfaces may be required to be provided to and approved by
the City Engineer at the time of any future development. The plan must demonstrate that adequate
treatment of runoff from public streets, other impermeable surfaces, and all future lots will be achieved
by providing spot elevations, flow direction arrows, detention and/or retention basin details (including
basin sizing calculations and basin typical sections), outlet structure details, and culvert capacity
calculations. The plan must also locate and provide easements for adequate drainage ways within the
1603 BRIDGER DRIVE ANNEXATION to transport treated runoff to the stormwater receiving
channel. The plan shall include site grading and elevation information, typical stormwater
detention/retention basin and discharge structure details, basin sizing calculations, and stormwater
maintenance plan. Landowner recognizes the City may require such Stormwater Master Plan to be
implemented in all or part as a condition of approval of development of the 1603 BRIDGER DRIVE
ANNEXATION.
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1603 BRIDGER DRIVE Annexation Agreement 8
11. Waiver of Right-to-Protest Special Districts
A. Landowner shall execute a Waiver of Right-to-Protest Creation of Special Improvement
Districts or Special Districts for street and transportation improvements including design and
engineering, paving and subsurface improvements, curb and gutter, sidewalk, stormwater drainage
facilities for a) Bridger Drive from Story Mill to Boylan Road. The Landowner agree such SID or special
districts will provide a mechanism for the fair and equitable assessment of construction and maintenance
costs for such improvements. The waiver is filed concurrently with this agreement and is hereby
incorporated in and made a part of this Agreement.
B. Landowner shall execute a Waiver of Right-to-Protest Creation of Special Improvement
Districts or Special Districts for Intersection improvements including lighting, signalization /
channelization, paving, curb/gutter, sidewalk, and storm drainage for a) Bridger Drive and Story Mill
Road, and b) Bridger Drive and Boylan Road. The Landowner agree such SID or special districts will
provide a mechanism for the fair and equitable assessment of construction and maintenance costs for
such improvements. The waiver is filed concurrently with this agreement and is hereby incorporated in
and made a part of this Agreement.
C. Landowner agree that in the event an SID is not utilized for the completion of these
improvements as described in subsections A and B above, the Landowner shall participate in an
alternative financing method for the completion of said improvements on a fair share, proportionate basis
as determined by the City on the basis of the square footage of property, taxable valuation of the property,
traffic contribution from the development or a combination thereof.
12. Public Street and Utility Easements
The Landowner understand and agrees that a public street and utility easement must be provided
at the time Landowner return the signed annexation agreement for an additional 10 feet of Right-of-
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1603 BRIDGER DRIVE Annexation Agreement 9
Way must be provided along Bridger Drive property frontage as depicted in the Bozeman
Transportation Master Plan, and thirty feet (30 feet) of right-of-way along the rear of the property
(north side) prior to the adoption of Resolution of Annexation. The Right-of-Way must be executed
using the City’s standard language.
A ten foot private utility easement must be provided along the property’s Bridger Drive
frontage as well as along the future local street located at the back of the property prior to the
adoption of Resolution of Annexation. The executed easement must be delivered to the City
Engineering Department. The easement must be executed on the City’s standard easement form.
The Landowner, at its sole expense, has created such easements in a location and form agreeable
to the City and the easements will be filed at the Gallatin County Clerk and Recorder’s Office. The
Landowner further understand and agrees that additional public street and utility easements may be
required for delivery of municipal services with future development and such easement shall be provided
at the Landowner’s sole expense.
13. Street Improvements
The Landowner understand and agree that at the time of future development the portion of
Bridger Drive and its related transportation infrastructure fronting the 1603 BRIDGER DRIVE
ANNEXATION must be improved to a City standard.
14. Impact Fees
Landowner acknowledges that annexation and development of their property will impact the
City’s existing street, water and sewer infrastructure, and the City’s fire service. As approved by the
City, the Landowner and its successors must pay:
A) Fire impact fees equal to the amount per Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at
time of issuance of a building permit.
B) Transportation impact fees equal to the amount per Chpt. 2, Art. 6. Div. 9 BMC, or as
amended, at time of issuance of a building permit.
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1603 BRIDGER DRIVE Annexation Agreement 10
C) Water impact fees as required by Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at the time
of connection to city water services.
D) Sewer impact fees as required by Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at the time
of connection to city sewer services.
The amount of impact fee the Landowner or its successors pay for connection to the city’s water
and sewer services, if any, shall be calculated based on the provisions of the Bozeman Municipal Code,
as amended, in effect at the time of application for a permit to connect. The amount of street or fire
impact fees to be paid, if any, shall be calculated based on the provisions of the Bozeman Municipal
Code, as amended, in effect at the time an application for building permit is submitted.
Landowner further understands and agrees that any improvements, either on-site or off-site,
necessary to provide connection of the 1603 BRIDGER DRIVE ANNEXATION municipal services and
which are wholly attributable to the property as determined exclusively by the city are considered
“project related improvements” as defined in Chapter 2, Article 6, Division 9, Bozeman Municipal Code,
as amended, and as such, are not eligible for impact fee credits.
If Landowner defaults on this condition at the time such is to be performed, and should default
not be remedied or corrected within thirty (30) days after written notice by City to the Landowner and
Landowner/Developer of such default, City may at its option:
A) Declare the amounts owing for impact fees immediately due and payable and City
shall have the right and privilege to take legal action against Landowner for the
collection of such sum, including the entry of any judgment. In addition, the City
may, at its option, enforce payment of such amount by levying an assessment on
the property.
B) Elect any other remedy available to City under the laws of the State of Montana.
15. Charges and Assessments
Landowner understands and agrees that after this Agreement is recorded the 1603 BRIDGER
DRIVE ANNEXATION will be subject to City charges and assessments for arterial and collector
streets, street maintenance, and tree maintenance on the same basis as all other properties in the City.
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1603 BRIDGER DRIVE Annexation Agreement 11
16. Additional Terms
The parties recognize these documents must be filed and of record with the Gallatin County Clerk
and Recorder prior to the sale of any land within the 1603 BRIDGER DRIVE ANNEXATION. The
parties further agree that the City may file these documents at any time.
17. Governing Law and Venue
This agreement shall be construed under and governed by the laws of the state of Montana. In
the event of litigation, venue is in the Eighteenth Judicial District Court, in and for County of Gallatin,
State of Montana.
18. Attorney’s Fees
In the event it becomes necessary for either party to this Agreement to retain an attorney to
enforce any of the terms or conditions of this Agreement, then the prevailing party shall be entitled to
reasonable attorney’s fees and costs, to include the salary and costs of in-house counsel including City
Attorney.
19. Waiver
No waiver by either party of any breach of any term, covenant or agreement shall be deemed a
waiver of the same or any subsequent breach of this same or any other term, covenant or agreement. No
covenant, term or agreement shall be deemed waived by either party unless waived in writing.
20. Invalid Provision
The invalidity or unenforceability of any provision of this agreement shall not affect the other
provisions hereof, and this Agreement shall be construed in all respects as if such invalid or
unenforceable provision were omitted.
21. Modifications or Alterations
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1603 BRIDGER DRIVE Annexation Agreement 12
No modifications or amendment of this Agreement shall be valid unless evidenced by a writing
signed by the parties hereto.
22. No Assignment
It is expressly agreed that the Landowner and/or Landowner/Developer shall not assign this
Agreement in whole or in part without prior written consent of the City.
23. Successors
This Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties
hereto and their respective heirs, successors and assigns and specifically to any subsequent purchaser of
the annexed property.
24. Covenants to Run with the Land
The parties intend that the terms of this Agreement shall benefit the 1603 BRIDGER DRIVE
ANNEXATION and shall be covenants running with the land and shall not expire at their deaths or upon
transfer of ownership of the property.
The undersigned Landowner affirms that they have authority to enter into this Agreement and to
bind themselves to this Agreement.
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1603 BRIDGER DRIVE Annexation Agreement 13
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and
year first above written.
DATED this _____ day of __________________, 2023.
_________________________________________
By: Susan A. Hjalmarsson
_________________________________________
By: Per M. Hjalmarsson
STATE OF ____________ )
:ss
COUNTY OF __________ )
On this ________ day of ____________________, 2023, before me, the undersigned, a Notary Public
for the State of , personally appeared Per Hjalmarsson and acknowledged this
record.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
(SEAL)
_________________________________________
(Printed Name Here)
Notary Public for the State of _________
Residing at _______________________
My Commission Expires:____________
(Use 4 digits for expiration year)
CITY OF BOZEMAN
202
1603 BRIDGER DRIVE Annexation Agreement 14
____________________________________
By: Jeff Mihelich, City Manager
ATTEST:
________________________________
Mike Maas, City Clerk
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this _____ day of , 2023, before me, a Notary Public for the state
of Montana, personally appeared Jeff Mihelich and Mike Maas, known to me to the persons described
in and who executed the foregoing instrument as Interim City Manager and City Clerk respectively, of
the City of Bozeman, whose names are subscribed to the within instrument and acknowledged to me
that they executed the same for and on behalf of said City.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
first above written.
(SEAL)
_________________________________________
(Printed Name Here)
Notary Public for the State of Montana
Residing at _______________________
My Commission Expires:____________
(Use 4 digits for expiration year)
203
Version April 2020
Page 1 of 3
RESOLUTION 5491
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING FOR THE ANNEXATION OF CERTAIN CONTIGUOUS
TRACTS OF LAND, HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF
THE CITY OF BOZEMAN AND THE EXTENSION OF THE BOUNDARIES OF THE
CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACTS, KNOWN AS
THE 1603 BRIDGER DRIVE ANNEXATION, APPLICATION 22247.
WHEREAS, the City of Bozeman received a petition for annexation from Per Hjalmarsson
requesting the City Commission to extend the boundaries of the City of Bozeman so as to include
an area of land containing approximately 0.7417, addressed at 1603 Bridger Drive; and
WHEREAS, an annexation staff report was prepared in accordance with the
Commission's goals and policies for annexation and was presented to the Commission on February
14, 2023; and
WHEREAS, a public meeting on said annexation petition was duly noticed and held on
February 14, 2023; and
WHEREAS, the City did not receive any written protest from the real property owners of
the area to be annexed; and
WHEREAS, on August 15, 2023, the Commission received the executed annexation
agreement addressing all recommended terms of annexation; and
WHEREAS, the provision of available services, including, but not limited to, streets,
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Version April 2020
Page 2 of 3
rights-of-way, easements, water rights or cash-in-lieu, waivers of protest against creation of SID's,
and water and sewer hookup fees, to said contiguous tracts as described is the subject of a written
agreement between the City and the Landowner; and
WHEREAS, the Bozeman City Commission hereby finds that the annexation of this
contiguous tract is in the best interests of the City of Bozeman and the inhabitants/owners thereof.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, to wit:
Section 1
That it is hereby declared that, pursuant to Title 7, Chapter 2, Part 46, Mont. Codes Ann., the
following-described property, which is contiguous to the municipal boundaries of the City of
Bozeman, be annexed to the City of Bozeman and that the boundaries of said City shall be extended
so as to embrace and include such approximately 0.7417 acres, to wit:
Legal Description
Lots 19 and 20, MOUNT BALDY SUBDIVISION, [Plat F-10], according to the plat
thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County,
Montana, and that part of Bridger Drive, and located in the Southeast Quarter of
Section 32, Township 1 South, Range 6 East of P.M.M.. Said property is further
described as follows:
Beginning at the northeast corner of said Lot 19; thence southerly 179°55'00",
assumed azimuth from north, 363.10 feet along the east line of said Lot 19 and its
southerly extension to the centerline of Bridger Drive; thence westerly 269°55'00"
azimuth 100.00 feet along said centerline to the southerly extension of the west line
of said Lot 20; thence northerly 359°55'00" azimuth 363.10 feet along said southerly
extension and along the west line of said Lot 20 to the northwest corner of said Lot
20; thence easterly 089°55'00" azimuth 100.00 feet along the north line of said Lot
20 to the point of beginning.
Area of Lots = 32,310 square feet, 0.7417 acre or 3,001.7 square meters.
Area of Right of Way = 4,000 square feet, 0.0918 acre or 371.6 square meters
Subject to all easements of record or apparent from a visual inspection of the property and
is along with and subject to any existing easements.
205
Version April 2020
Page 3 of 3
All as depicted on the 1603 BRIDGER DRIVE Annexation Map.
Section 2
The effective date of this annexation is August 15, 2023.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 22nd day of August, 2023.
___________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
206
Memorandum
REPORT TO:City Commission
FROM:David Fine, Economic Development Program Manager
Brit Fontenot, Economic Development Director
SUBJECT:Resolution 5523 Delegating the City of Bozeman's Urban Renewal Powers to
the City Manager
MEETING DATE:August 22, 2023
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Resolution 5523, Delegating the City of Bozeman's Urban Renewal Powers to
the City Manager
STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a
mechanism to encourage economic development.
BACKGROUND:
On August 1, 2023, the City Commission adopted ordinances which repealed
the boards that directed urban renewal activities for the North Park,
Midtown, Northeast, and Pole Yard urban renewal districts and the South
Bozeman Technology District. State law allows the municipality, by
resolution, to assign its urban renewal powers to a municipal department, if
doing so is in the public interest. Resolution 5523 finds that assigning the
City of Bozeman’s urban renewal powers to a municipal department is in the
public interest and assigns those urban renewal powers to the City Manager
or designee. The City Manager intends to designate the director of economic
development as responsible for exercising the City’s urban renewal powers.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As recommended by the City Commission.
FISCAL EFFECTS:None.
Attachments:
230725 Urban Renewal Resolution_final.pdf
Report compiled on: August 9, 2023
207
Version February 2023
RESOLUTION 5523
DELEGATING THE CITY OF BOZEMAN’S URBAN RENEWAL POWERS
TO THE CITY MANAGER
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA,
WHEREAS, as set forth in Bozeman’s Strategic Plan 1.0, fostering a culture of
engagement and civic leadership includes consolidating the city’s Citizen Advisory Boards for the
purpose of more effectively engaging the public; and
WHEREAS, eliminating the Northeast and Midtown Urban Renewal Districts boards and
assigning urban renewal powers to the City required an amendment of the administration of the
Districts by amending the both the Northeast and Midtown Urban Renewal Plans; and
WHEREAS, on August 1, 2023, the City Commission adopted Ordinance 2145 which
adopted an amended Midtown Urban Renewal Plan; and
WHEREAS, on August 1, 2023, the City Commission adopted Ordinance 2146, which
adopted an amended Northeast Urban Renewal Plan; and
WHEREAS, on August 1, 2023, the City Commission adopted Ordinance 2144 which
repealed the North Park, Midtown, Northeast, South Bozeman Technology, and Pole Yard Urban
Renewal Boards; and
WHEREAS, pursuant to Mont. Code Ann. § 7-15-4231 (2021), a municipality may, by
resolution and if doing so is in the public interest, elect to have its urban renewal project powers
exercised by a department of the municipality.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, to wit:
208
Version February 2023
Section 1
It is in the public interest for the City of Bozeman’s urban renewal powers to be exercised
by the City Manager, or their designee. As such, the City Manager or designee is authorized to
exercise the city’s urban renewal powers as established by state law. This assignment is effective
on August 31, 2023.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the _____ day of ___________________,
20____.
___________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
209
Memorandum
REPORT TO:City Commission
FROM:BMassey, Assistant Treasurer
LClark, Treasurer
MHodnett, Finance Director
SUBJECT:Resolution 5524 Intent to Create a Special Improvement Lighting District 780
for Canyon Gate Subdivision
MEETING DATE:August 22, 2023
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Consent
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:: 7-12-4301. Special improvement districts for lighting streets authorized.
(1) The council of any city or town is authorized to:
(a) create special improvement districts embracing any street or streets or
public highway therein or portions thereof and property adjacent thereto or
property which may be declared by said council to be benefited by the
improvement to be made for the purpose of lighting such street or streets or
public highway;
(b) require that all or any portion of the cost of installing and maintaining
such lighting system be paid by the owners of the property embraced within
the boundaries of such districts; and
(c) assess and collect such portion of such cost by special assessment
against said property.
(2) The governing body may create special lighting districts on any street or
streets or public highway for the purpose of lighting them and assess the
costs for installation and maintenance to property abutting thereto and
collect the costs by special assessment against the property
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:As a result of creating this lighting district, the City will pay the associated
power bills and schedule system maintenance. We will recover these costs
by billing property owners each year on their City Assessment bill. It is
estimated to cost $25.99 per acre within the district or $407.76 annually for
210
the entire district, or on an average size lot of 32,545 square feet the annual
estimated cost would be $19.43, which is payable semiannually.
Attachments:
Resolution 5524-Intent to Create SILD780.docx
Exhibt A Canyon Gate Sub.pdf
Exhibit B-Canyon Gate Sub 780.pdf
Report compiled on: August 8, 2023
211
Page 1 of 9
RESOLUTION 5524
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO.
780 (CANYON GATE SUBDIVISION)DECLARING IT TO BE THE INTENTION OF
THE CITY COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF
MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS OF
MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE
LEVY OF SPECIAL ASSESSMENT.
BE IT RESOLVED by the City Commission (the “Commission”) of the City of
Bozeman (the “City”), Montana, as follows:
Section 1
Intention to Create District; Proposed Improvements.It is the intention of this
Commission to create and establish in the City under Montana Code Annotated, Title 7, Chapter
12, Part 43, as amended, a special improvement lighting district to serve Canyon Gate Subdivision
(the “District”) for the purpose of maintenance and energy costs.The district will pay the
maintenance and energy costs for seven (7)Arbor Post Top 48 watt single luminaires on round
tapered steel poles, mounted at 18 feet per City of Bozeman standards, four (4) Arbor Post Top 48
watt single luminaires on round tapered steel poles, mounted at 22 feet per City of Bozeman
standards, eight (8) Signify Lumec RoadFocus 35 watt single luminaires on round tapered steel
poles, mounted at 30 feet per City of Bozeman standards. The poles will be Hunter Green. The
initial monthly charge per fixture per month (the “Monthly Charge”) is estimated as follows: $2.02
per 48 watt LED fixture or; $22.22 total for all 48 watt fixtures,$1.47 per 35 watt LED fixture or;
212
Resolution 5428, Intent to Create Lighting District 773
Page 2 of 9
$11.76 total for all 35 watt fixtures. This calculates to $407.76 annually.
Section 2
Number of District. The District, if the same shall be created and established, shall be known and
designated as Special Improvement Lighting District No. 780 (CANYON GATE SUBDIVISION)
of the City of Bozeman, Montana.
Section 3
Boundaries of District. The limits and boundaries of the District are depicted on a map attached as
Exhibit A hereto (which is hereby incorporated herein and made a part hereof), which boundaries
are designated and confirmed as the boundaries of the District. A listing of each of the properties
in the District is shown on Exhibit B hereto (which is hereby incorporated herein and made a part
hereof).
Section 4
Benefited Property. The District and territory included within the limits and boundaries described
in Section 3 and as shown on Exhibit A are hereby declared to
be the special lighting district and the territory which will benefit and be benefited by the
Improvements and will be assessed for the costs of the Improvements as described in Section 1.
The Improvements, in the opinion of this Commission, are of more than local and ordinary benefit.
The property included within said limits and boundaries is hereby declared to be the property
benefited by the Improvements.
Section 5
Assessment Methods. All properties within the District are to be assessed for a portion of the
maintenance and energy costs, as specified herein. The maintenance and energy costs shall be
assessed against the property in the District benefiting, based on the actual area method of
assessment described in Sections 7-12-4323, MCA, as particularly applied and set forth in this
Section 5.The annual maintenance and energy costsare estimated at $407.76, and shall be assessed
against each lot, tract or parcel of land in the District for that part of the costs that the area of such
213
Resolution 5428, Intent to Create Lighting District 773
Page 3 of 9
lot, tract or parcel bears to the total area of all lots, tracts or parcels of land in the District, exclusive
of streets, avenues and alleys. The total area of the District to be assessed is 15.6898 acres, or
683,449 square feet, exclusive of parks and open space. The initial costs of the Improvements per
acre shall be $25.99 or $0.000597 per square foot annually.
Section 6
Payment of Assessments. Special assessments for the annual maintenance and energy costs are
estimated at $407.76, plus any increases, as may be permitted by the Public Service Commission,
and any additional authorized charges shall be levied each year against all properties in the District
and shall be payable in equal semiannual installments. The first year of special assessment billing
will include an additional amount not to exceed $500 for publication and mailing associated with
creation of the District which shall be assessed in the same manner as the Improvements resulting
in a cost not to exceed $57.86 per acre, or $0.001329 per square foot.
Section 7
Extraordinary Repair or Replacement. The maintenance and energy costs and assessments set
forth in Section 1 and 5 are based on normal conditions and do not cover charges for repair and/or
replacement. The City may make an additional charge to the District for costs of labor and actual
material costs for repairs and/or replacement of the fixtures for damage caused by third parties and
not paid by such third parties. The City will assess such costs and charges against the properties
in the District in the same manner as the other assessment is made.
Section 8
Discontinuation of District. If at any time after the initial term of the District a petition is presented
to the City Commission, signed by the owners or agents of more than three-fourths of the total
amount of property within the District, asking that the maintenance and operation of the special
lighting system and the furnishing of electrical current in the district be discontinued, or if a
majority of the City Commission votes to discontinue the District, the City Commission shall, by
resolution, provide for discontinuing the maintenance and operation of the lighting system. If the
214
Resolution 5428, Intent to Create Lighting District 773
Page 4 of 9
Commission has, prior to the presentation of a petition or by a majority vote of the Commission to
discontinue the District, entered into any contract for the maintenance and operation of the lighting
system, the maintenance and operation may not be discontinued until after the expiration of the
contract.
Section 9
Public Hearing; Protests. At any time within fifteen (15) days from and after the date of the first
publication of the notice of the passage and approval of this resolution, any owner of real property
within the District subject to assessment and taxation for the cost and expense of maintenance and
energy may make and file with the City Clerk until 5:00 p.m., M.T., on the expiration date of said
15-day period (September 11, 2023) written protest against the proposed maintenance and energy
costs, or against the extension or creation of the District or both, and this Commission will at its
next regular meeting after the expiration of the fifteen (15) days in which such protests in writing
can be made and filed, proceed to hear all such protests so made and filed; which said regular
meeting will be held on September 26, 2023 at 6 pm in Bozeman City Hall, City Commission
Room, 121 N Rouse Ave.
Section 10
Notice of Passage of Resolution of Intention. The City Clerk is hereby authorized and directed to
publish or cause to be published a copy of a notice of the passage of this resolution in the Bozeman
Daily Chronicle, a newspaper of general circulation in the county on Saturday August 26, 2023
and Saturday September 2, 2023, in the form and manner prescribed by law, and to mail or cause
to be mailed a copy of said notice to every person, firm, corporation, or the agent of such person,
firm, or corporation having real property within the District listed in his or her name upon the last
completed assessment roll for state, county, and school district taxes, at his last-known address, on
or before the same day such notice is first published.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 22nd day of August, 2023.
___________________________________
215
Resolution 5428, Intent to Create Lighting District 773
Page 5 of 9
CYNTHIA ANDRUS
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
216
Resolution 5428, Intent to Create Lighting District 773
CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE
I, the undersigned, being the duly qualified and acting recording officer of the City of
Bozeman, Montana (the “City”), hereby certify that the attached resolution is a true copy of
Resolution No. 5524, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT
LIGHTING DISTRICT NO. 780 (CANYON GATE SUBDIVISION) DECLARING IT TO
BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR
THE PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING
THE COSTS FOR MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED
PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT,(the “Resolution”), on file in the
original records of the City in my legal custody; that the Resolution was duly adopted by the City
Commission of the City of Bozeman at a meeting on August 22 2023, and that the meeting was
duly held by the City Commission and was attended throughout by a quorum, pursuant to call and
notice of such meeting given as required by law; and that the Resolution has not as of the date
hereof been amended or repealed.
I further certify that, upon vote being taken on the Resolution at said meeting, the
following Commissioners voted in favor thereof: _____
____________________ ; voted against the same: ___________ ___ ; abstained
from voting thereon: ________________ ; or were absent: _______________ .
WITNESS my hand officially this 22
nd day of August, 2023.
___________________________________
MIKE MAAS
City Clerk
217
Resolution 5428, Intent to Create Lighting District 773
NOTICE OF PASSAGE OF RESOLUTION OF INTENTION
TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 780
(CANYON GATE SUBDIVISION
CITY OF BOZEMAN, MONTANA
NOTICE IS HEREBY GIVEN that on August 16, 2022, the City Commission (the
“Commission”) of the City of Bozeman, Montana (the “City”), adopted a Resolution of Intention
No. 5524 to create Special Improvement Lighting District No. 780 (the “District”) for the purpose
of maintaining lighting and assessing the cost for maintenance and energy to CANYON GATE
SUBDIVISION, and paying maintenance and energy costs relating thereto.
A complete copy of the Resolution of Intention (the “Resolution”) No. 5524 is on file with the
City Clerk which more specifically describes the nature of the costs, the boundaries and the area
included in the District, the location of the Improvements and other matters pertaining thereto and
further particulars. A list of properties in the District and the amount of the initial assessment
accompanies this notice. The annual maintenance and energy costs are estimated at $407.76, and
shall be assessed against each lot, tract or parcel of land in the District for that part of the costs that
the area of such lot, tract or parcel bears to the total area of all lots, tracts or parcels of land in the
District, exclusive of streets, avenues and alleys. The total area of the District to be assessed is
15.6898 acres, or 683,449 square feet, exclusive of parks and open space. The initial costs of the
Improvements per acre shall be $25.99 or $0.000597 per square foot annually.
The annual assessments for costs of the Improvements may be increased as approved by
the Public Service Commission and may be increased to cover extraordinary expenses of repair
and maintenance. The first year of special assessment billing will include an additional amount
not to exceed $500 for publication and mailing associated with creation of the District which shall
be assessed in the same manner as the Improvements resulting in a cost not to exceed $57.86 per
acre, or $0.001329 per square foot.
On Tuesday, September 26, 2023, at 6:00 p.m., in the Commission Room at City
Hall 121 N Rouse Ave, Bozeman, Montana, the City Commission will conduct a public
218
Resolution 5428, Intent to Create Lighting District 773
hearing to hear and pass upon all written protests against the creation or extension of the
District, or the Improvements. Members of the public will also be able to participate
remotely via WebEx. Instructions for joining the WebEx meeting will be included on the
meeting agenda which is published on the City’s website at least 48 hours prior to the
meeting. The agenda is available at https://www.bozeman.net/meetings.
Written protests against the creation or extension of the District and the costs may be
filed by an agent, person, firm or corporation owning real property within the proposed District
whose property is liable to be assessed for the costs. Such protests must be delivered to the City
Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana not later than 5:00 p.m., M.T., on
September 26, 2023.
Further information regarding the proposed District or other matters in respect thereof
may be obtained from the City Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana or by
telephone at (406) 582-2320.
DATED this 8th day of August, 2023.
Mike Maas
City Clerk
City of Bozeman
Legal Ad
Publication Dates:
Saturday, August 26, 2023
Saturday, September 2, 2023
219
Resolution 5428, Intent to Create Lighting District 773
RESOLUTION 5524
Resolution of Intent to create SILD No.780 for the purpose of maintaining lighting and
assessing the cost for maintenance and energy to CANYON GATE SUBDIVISION, and paying
maintenance and energy costs relating thereto.
AFFIDAVIT OF MAILING
STATE OF MONTANA )
: ss
County of Gallatin )
Mike Maas, City Clerk, being first duly sworn, says:
That I cause to be mailed first class the Notice in regard to the owners in Special
Improvement Lighting District No. 780, as listed in Exhibit "B", on Friday, August 25, 2023,
directed to the owners at the addresses shown on Exhibit "B".
______________________________
Mike Maas
City Clerk
Subscribed and sworn before me this 25
th day of August 2023.
(Notarial Seal)
_______________________________
Printed Name____________________
Notary Public for the State of Montana
Residing at: see seal
My Commission expires: see seal
220
LEGENDS AT BRIDGER CREEK SUBDIVISION
LEGENDS ATBRIDGER CREEK IIPHASE 1LEGENDS PARKLEGENDS ATBRIDGER CREEK
IIPHASE 1LEGENDS AT BRIDGERCREEK SUBDIVISION
MOUNT BALDY
SUBDIV
IS
ION
MOUNT BALDY SUBDIV
IS
ION TRACT ACOS No. 1518
LOT 44
LOT 43
LOT 42
LOT 41
LOT 40
LOT 39
LOT 38
LOT 37
LOT 36
LOT 35
LOT 34
LOT 33
LOT 32
LOT 31
LOT 30
LOT 29
LOT 26
LOT 25
LOT 53
LOT 54
LOT 19
LOT 20OPEN SPACE 15LOT 6
LOT 7 LOT 2
LOT 3
OPEN SPACE 14BLOCK 7BLOCK 6LOT 1
LOT 2
LOT 3
LOT 1
LOT 2
LOT 3
LOT 4
LOT 5
LOT 6
LOT 7O.S. 4TRACT ATRACT BTRACT CTRACT DOSBORNESUBDIVISIONTRACT 1COS No. 1895
TRACT 1COS No. 2760
BK 149,PG 459
FM 9,PG 666
HEADLANDSSUBDIV
ISIONLOT 1LOT 2PARK 4TRACT 26COS No. 2547FILM 73, PG 1652AM. PLAT OFLOTS 41 & 42OF BRIDGERCREEK SUBOPEN SPACE 16
Weeping Rock Ln
Boylan RoadStory Mill Road
Northview Street
Maiden Star Ln
Spirit Crossing Ln
Maiden Spirit St.MDT R/W PER DOC. NO'S 2532621, 2532622, 2532623 & 2532624Valhalla Court
60' R/WBoylan RoadBoylan RoadPutter CourtPar CourtMAIDEN SPIRIT ST.CANYON GATE BLVD.LUCY LANE
OPEN SPACE #2
BLOCK 1 LOT 354,787 SF1.26 ACBLOCK 2 LOT 182,331 SF1.89 ACBLOCK 3 LOT 143,125 SF0.99 ACPUBLIC PARK C5,831 SF0.13 ACBLOCK 3 LOT 221,953 SF0.50 ACBLOCK 4 LOT 339,306 SF0.90 ACBLOCK 4 LOT 438,383 SF0.88 ACBLOCK 5 LOT 1139,020 SF3.19 ACPUBLIC PARK B62,482 SF1.43 ACBLOCK 4 LOT 173,487 SF1.69 ACBLOCK 4 LOT 274,569 SF1.71 ACPUBLIC PARK A33,599 SF0.77 ACOPEN SPACE A31,918 SF0.73 AC(PUBLIC ACCESS EASEMENT)BLOCK 1 LOT 158,526 SF1.34 ACBLOCK 1 LOT 257,949 SF1.33 ACROW234,346 SF5.38 ACCANYON GATE BLVD.Bridger Canyon Road (AKAHWY 86 - 144' ROW)SILD BOUNDARYPROPOSED SLID LIGHTING SPECPROPOSEDCOLLECTOR ST.LIGHT TYP. OF 8PROPOSEDCOLLECTOR ST.LIGHT TYP. OF 8PROPOSEDCOLLECTOR ST.LIGHT TYP. OF 8PROPOSED LOCALST. LIGHT TYP. OF 11PROPOSED LOCALST. LIGHT TYP. OF 11PROPOSED LOCALST. LIGHT TYP. OF 11PROPOSED LOCALST. LIGHT TYP. OF 11PROPOSED LOCALST. LIGHT TYP. OF 11SILD BOUNDARYSILD BOUNDARYSILD BOUNDARYCANYON GATE SUBDIVISIONSILD BOUNDARY1 OF 1SILD EXHIBIT1 8/9/2022 PRELIMINARY PLAT CDP ZWL
2 8/20/2022 PRELIMINARY PRICING CDP ZWL
3 12/20/2022 PRELIMINARY PLAT RC1 CDP ZWL
4 3/7/2023 COB INFRASTRUCTURE
SUBMITTAL CDP ZWL
5 5/31/2023 COB INFRASTRUCTURE
SUBMITTAL RC 1 CDP ZWL
6 7/7/2023 MDEQ REV.CDP ZWL PROFESSIONALENGINEERS &SURVEYORSSTAHLYENGINEERING& ASSOCIATESCANYON GATE
CANYON GATE INVESTORS, LLC
BOZEMAN, MONTANA 221
Block Lot Location ID Address Acres Sqft Owner Name Owner Address City, State Zip
1 1 Maiden Spirit St 1.3435 58,525 Canyon Gate Investors LLC 111 W Lamme St Bozeman, MT 59715
1 2 Maiden Spirit St 1.3303 57,949 Canyon Gate Investors LLC 111 W Lamme St Bozeman, MT 59715
1 3 Maiden Spirit St 1.2577 54,787 Canyon Gate Investors LLC 111 W Lamme St Bozeman, MT 59715
2 1 Maiden Spirit St 1.8901 82,331 Canyon Gate Investors LLC 111 W Lamme St Bozeman, MT 59715
3 1 Lucy Ln 0.9900 43,126 Canyon Gate Investors LLC 111 W Lamme St Bozeman, MT 59715
3 2 Lucy Ln 0.5040 21,953 Canyon Gate Investors LLC 111 W Lamme St Bozeman, MT 59715
4 1 Maiden Spirit St 1.6871 73,489 Canyon Gate Investors LLC 111 W Lamme St Bozeman, MT 59715
4 2 Maiden Spirit St 1.7119 74,570 Canyon Gate Investors LLC 111 W Lamme St Bozeman, MT 59715
4 3 Canyon Gate Blvd 0.9023 39,306 Canyon Gate Investors LLC 111 W Lamme St Bozeman, MT 59715
4 4 Canyon Gate Blvd 0.8814 38,393 Canyon Gate Investors LLC 111 W Lamme St Bozeman, MT 59715
5 1 Canyon Gate Blvd 3.1915 139,020 Canyon Gate Investors LLC 111 W Lamme St Bozeman, MT 59715
Total 15.6898 683,449
Canyon Gate Subdivision
980 Story Mill Rd
222
Memorandum
REPORT TO:City Commission
FROM:Tom Rogers, Senior Planner
Chris Saunders, Community Development Manager
Erin George, Deputy Director of Community Development
Anna Bentley, Director of Community Development
SUBJECT:Ordinance 2137, Provisional Adoption, Establishing Initial Zoning Designation
of R-2 on 0.7417 Acres, the 1603 Bridger Drive Annexation, Application
22247
MEETING DATE:August 22, 2023
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION:Provisionally adopt Ordinance 2137
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 applicants and property owners, Susan A. and Per M. Hjalmarsson, 1603
Bridger Drive, Bozeman, MT 59715, seek annex approximately 0.7417 acres
into the City limits and establish initial zoning of R-2, Residential Moderate
Density. The property is currently zoned “Residential Suburban” within the
county. Nearby municipal zoning includes Residential Single-Household Low
Density (R-1) to the north and Residential Suburban (R-S) to the south. Land
to the east and west is unincorporated and zoned “Residential Suburban”
within the county. The future land use map in the Bozeman Community Plan
2020 designates the property as “Urban Neighborhood” which the R-2
district serves to implement. There is an existing residential structure on the
property.
The Commission held a public hearing on the request on February 14, 2023
and acted to approve the application. The applicant finalized all required
terms of annexation including easements and signed the annexation
agreement. The associated annexation Resolution 5491 accompanies this
Ordinance.
UNRESOLVED ISSUES:None
ALTERNATIVES:As determined by the Commission.
223
FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds
will be changed by this Annexation or Zone Map Amendment. Future
development will incur costs and generate review according to standard City
practices.
Attachments:
06-ZMA MAP-1603 Bridger Dr.pdf
22247 1603 Bridger Drive ZMA Ordinance 2137.pdf
Report compiled on: August 4, 2023
224
225
Ord 2137
Page 1 of 5
ORDINANCE 2137
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY
DESIGNATE 0.7417 ACRES AS R-2, RESIDENTIAL MODERATE DENSITY DISTRICT,
KNOWN AS THE 1603 BRIDGER DRIVE ZONE MAP AMENDMENT, APPLICATION
22247.
WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map
pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and
WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps
if a public hearing is held and official notice is provided; and
WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct
a public hearing and submit a report to the City Commission for all zoning map amendment
requests; and
WHEREAS, the City of Bozeman Zoning Commission has been created by Section
2.05.2700, BMC as provided for in Section 76-2-307, M.C.A.; and
WHEREAS, Chapter 38, Article 2 of the Bozeman Unified Development Code sets forth
the procedures and review criteria for zoning map amendments; and
WHEREAS, the proposed zone map amendment application to amend the City of
Bozeman Zoning Map to establish a zoning classification of R-2 (Residential Moderate Density)
for approximately 0.7417 acres has been properly submitted, reviewed, and advertised; and
WHEREAS, after proper notice, the Bozeman Community Development Board acting in
their capacity as the Zoning Commission held a public hearing on January 23, 2023 to receive and
review all written and oral testimony on the request for a zone map amendment; and
226
Ordinance No. 2137, 1603 Bridger Drive ZMA
Page 2 of 5
WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City
Commission that application No. 22247 the 1603 Bridger Drive Zone Map Amendment, be
approved as requested by the applicant; and
WHEREAS, after proper notice, the City Commission held its public hearing on February
14, 2023, to receive and review all written and oral testimony on the request for the zone map
amendment; and
WHEREAS, the City Commission has reviewed and considered the zone map amendment
criteria established in Section 76-2-304, M.C.A., and found that the proposed zone map
amendment would be in compliance with the criteria.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
Legislative Findings
The City Commission hereby makes the following findings in support of adoption of this
Ordinance:
1. The City adopted a growth policy, the Bozeman Community Plan 2020, by Resolution
5133 to establish policies for development of the community including zoning;
2. The Bozeman Community Plan 2020, Chapter 5, sets forth the policies by which the City
reviews and applies the criteria for amendment of zoning established in 76-3-304, MCA;
3. Zoning, including amendments to the zoning map, must be in accordance with an adopted
growth policy;
4. A staff report analyzing the required criteria for a zone map amendment, including
accordance to the Bozeman Community Plan 2020, has found that the required criteria are
satisfied;
5. The two required public hearings were advertised as required in state law and municipal
code and all persons have had opportunity to review the materials applicable to the
application and provide comment prior to a decision;
6. The Bozeman Zoning Commission has been established as required in state law and
conducted their required public hearing; and after consideration of application materials,
227
Ordinance No. 2137, 1603 Bridger Drive ZMA
Page 3 of 5
staff analysis and report, and all submitted public comment recommended approval of the
requested R-2 district.
7. The City Commission conducted a public hearing to provide all interested parties the
opportunity to provide evidence and testimony regarding the proposed amendment prior to
the City Commission acting on the application.
8. The City Commission considered the application materials, staff analysis and report,
Zoning Commission recommendation, all submitted public comment, and all other relevant
information.
9. The City Commission determines that, as set forth in the staff report and incorporating the
staff findings as part of their decision, the required criteria for approval of the 1603 Bridger
Drive Zone Map Amendment have been satisfied.
Section 2
That the zoning district designation of the following-described property is hereby designated as
R-2, Residential Moderate Density District:
An area of land comprised described as follows:
Lots 19 and 20, MOUNT BALDY SUBDIVISION, [Plat F-10], according to the plat
thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County,
Montana, and that part of Bridger Drive, and located in the Southeast Quarter of
Section 32, Township 1 South, Range 6 East of P.M.M.. Said property is further
described as follows:
Beginning at the northeast corner of said Lot 19; thence southerly 179°55'00",
assumed azimuth from north, 363.10 feet along the east line of said Lot 19 and its
southerly extension to the centerline of Bridger Drive; thence westerly 269°55'00"
azimuth 100.00 feet along said centerline to the southerly extension of the west line
of said Lot 20; thence northerly 359°55'00" azimuth 363.10 feet along said southerly
extension and along the west line of said Lot 20 to the northwest corner of said Lot
20; thence easterly 089°55'00" azimuth 100.00 feet along the north line of said Lot
20 to the point of beginning.
Area of Lots = 32,310 square feet, 0.7417 acre or 3,001.7 square meters.
Area of Right of Way = 4,000 square feet, 0.0918 acre or 371.6 square meters
Subject to all easements of record or apparent from a visual inspection of the property and
is along with and subject to any existing easements.
228
Ordinance No. 2137, 1603 Bridger Drive ZMA
Page 4 of 5
Section 3
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Section 4
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 5
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 6
Codification.
This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a
disposition list in numerical order with all other ordinances of the City and shall be organized in a
category entitled “Zone Map Amendments.”
Section 7
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
229
Ordinance No. 2137, 1603 Bridger Drive ZMA
Page 5 of 5
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 22nd day of August, 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 ____ of
________________, 2023. The effective date of this ordinance is _____________, ____, 2023.
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
230
Memorandum
REPORT TO:City Commission
FROM:Melissa Hodnett, Finance Director
SUBJECT:Resolution 5500 Establishing and Affixing the Number of Mills to be Charged
Against the Assessed Valuation of All Taxable Property Situated Within the
Corporate Jurisdictional Boundaries of the City for Fiscal Year 2023-2024
(FY24)
MEETING DATE:August 22, 2023
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Approve Resolution 5500
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:
Annually, after the City Commission adopts its fiscal year budget, the
Commission is required to adopt a resolution setting the mill levies for the
year. Resolution 5500 establishes levies for the fiscal year 2024 budget in
alignment with Commission Resolution 5486 to adopt the FY24 Budget. The
FY24 budget included estimates of mill levies needed to generate the
amount of revenue required to pay for budgeted expenditures, and to meet
reserve requirements. Certified property values from the Department of
Revenue are received by Cities on August 1 of each year, after adoption of
the budget. The mill levies proposed in this resolution are lower than
anticipated in the FY24 Budget, due to a higher than anticipated increase in
property valuation. The mill values proposed in Resolution 5500 are
expected to generate the same amount of revenue adopted in the FY24
budget.
UNRESOLVED ISSUES:N/A
ALTERNATIVES:Changes to property tax revenues adopted in the FY24 budget may require
budget amendments to ensure a balanced budget in the funds which receive
property tax revenues.
FISCAL EFFECTS:By adopting Resolution 5500, the City Commission ensures collections of
property tax revenue as adopted in the FY24 budget.
231
Attachments:
23.08.22-Resolution5500EstablishingMillLevies-
Resolution.docx
23.08.22-Resolution5500EstablishingMillLevies-
TaxAnalysis.docx
Report compiled on: August 10, 2023
232
Resolution No. 5500 Establishing and Affixing the Number of Mills for FY24 April 2020
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RESOLUTION 5500
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
ESTABLISHING AND AFFIXING THE NUMBER OF MILLS TO BE CHARGED AGAINST THE ASSESSED
VALUATION OF ALL TAXABLE PROPERTY SITUATED WITHIN THE CORPORATE JURISDICTIONAL
BOUNDARIES OF THE CITY FOR FISCAL YEAR 2023-2024 (FY24).
WHEREAS,after due and proper legal notice, at a regular session of the City Commission
on August 22, 2023, the public hearing on the proposed change of ad-valorem tax revenue was
held; and
WHEREAS,the Montana Department of Revenue issued to the City a 2023 Certified
Taxable Valuation received on August 1, 2023; and
WHEREAS,in accordance with Montana Code Annotated, a resolution must be adopted
by the City Commission in order to determine the amount of the City or Town taxes to be levied
and assessed on the taxable property situated within the City for the current fiscal year; and
WHEREAS,the City Clerk must certify to the County Clerk a copy of such resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana, as follows:
Section 1
That for the purpose of providing and maintaining basic City services the City Commission
of the City of Bozeman, Montana does hereby affix 83.3 mills to be levied for the All-Purpose
General Fund for salaries, operations, and capital expenditures for general government purposes
as provided by Sections 7-6-4451 and 15-10-420 MCA.
Section 2
That the City Commission of the City of Bozeman, Montana does hereby affix a 5.89 mill
levy from the City’s maximum mill levy allowed under Sections 7-6-4451 and 15-10-420 MCA
for the City’s Community Housing Fund to be used for affordable/workforce housing purposes
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Resolution No. 5500 Establishing and Affixing the Number of Mills for FY24 April 2020
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within the City.
Section 3
That the City Commission of the City of Bozeman, Montana does hereby establish and
affix a mill levy in the amount of 10.88 mills to provide for the total City payment of premiums
for Health Medical Insurance for City employees in accordance with Title 2 Chapter 18 Part 7
MCA, Section 2 of Chapter 359 Laws 1975, Section 7-32-4117 MCA, and Section 7-3-4130 MCA.
Section 4
That the City Commission of the City of Bozeman, Montana does hereby establish and
affix a mill levy in the amount of 1.46 mills to provide funds for the City Planning Activity as
provided by Sections 7-6-4451 and 15-10-420 MCA.
Section 5
That the City Commission of the City of Bozeman, Montana does hereby establish and
affix a mill levy in the amount of .77 mills to provide funds for special transportation services for
senior citizens and persons with disabilities in accordance with Section 7-14-111 MCA.
Section 6
That for the purpose of providing and maintaining basic City services the City
Commission of the City of Bozeman, Montana does hereby affix 30.00 mills to be levied for the
Fire Department Capital & Equipment Replacement, Fire Staffing, and Police Staffing as
provided by Section 7-6-4451 MCA.
Section 7
That the City Commission of the City of Bozeman, Montana does hereby affix a 1.60 mill
levy from the City’s maximum mill levy allowed under Sections 7-6-4451 and 15-10-420 MCA
for the costs of Landfill Post-closure activities at the Story Mill Landfill.
Section 8
That the City Commission of the City of Bozeman, Montana does hereby establish and
affix a mill levy in the amount of 4.49 mills to provide for principal and interest payments on
outstanding Trails, Open Space and Parks (TOP) General Obligation Bonds in accordance with
Section 7-7-4265 MCA.
Section 9
That the City Commission of the City of Bozeman, Montana does hereby establish and
affix a mill levy in the amount of 10.15 mills to provide for principal and interest payments on
outstanding Bozeman Public Safety Center (BPSC) General Obligation Bonds in accordance with
Section 7-7-4265 MCA.
234
Resolution No. 5500 Establishing and Affixing the Number of Mills for FY24 April 2020
3 of 4
Section 10
That the City Commission of the City of Bozeman, Montana does hereby establish and
affix a mill levy in the amount of 2.18 mills to provide for principal and interest payments on
outstanding Fire Station #2 Relocation General Obligation Bonds in accordance with Section 7-
7-4265 MCA.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the 22nd day of August, 2023.
___________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
235
Resolution No. 5500 Establishing and Affixing the Number of Mills for FY24 April 2020
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CITY OF BOZEMAN
Levy Purpose Number of Mills
All Purpose Levy 83.30
Community/Workforce Housing 5.89
Health/Medical Insurance 10.88
City Planning 1.46
Senior Transportation 0.77
Fire Equiment 4.00
Fire Staffing 12.00
Police Staffing 14.00
Story Mill Landfill Monitoring 1.60
Parks & Trails GO Bonds 4.49
Bozeman Public Safety Center Bonds 10.15
Fire Station #2 Relocation GO Bonds 2.18
Grand Total Levied 150.72
Mill Levy Fiscal Year 2023-2024 (FY24)
236
Page | 1
FY24 Tax Levy (2023 Tax Year) Analysis for Resolution 5500
Background
Montana State Law allows local governments to levy three types of mills: all-purpose, permissive, and voted mills.
All-purpose mill levies are floating mills, which means the number of mills available to levy are not fixed. Local
governments are restricted by MCA 15-10-420 to collecting an amount equal to last year’s actual tax revenue collected,
plus ½ the average rate of inflation for the last three years, plus newly taxable value. This means that as appraised
values go up, allowable millage rates for all-purpose levies go down and local government tax bills to property owners
do not rise at the same rate as their appraised values.
Permissive mills are allowed by state law that are not subject to the limits in MCA 15-10-420. The City levies one levy
which is permissive for health/medical insurance for general government employees. The permissive levy for
health/medical insurance recommended for FY24 is 10.88 mills and is calculated subject to MCA 15-10-420(9).
Voted mill levies are approved by the voters for specific purposes. Most recently, Bozeman citizens approved a General
Obligation Bond to fund the Public Safety Center. Voted levies for debt service are calculated to recover the amount of
revenue needed to pay for the debt service on the outstanding bonds each year. Typically, debt service is a flat dollar
amount over the life of the loan, so the number of mills levied would decreases from year to year, as the mill value rises.
Voted levies can also be approved as a total number of mills.
Adopted Budget
The FY24 budget was approved by the City Commission via
Resolution 5486 on July 11, 2023, prior to the publication of
certified values for the tax year. The budget included estimated
mill values based on historical trends. However, Resolution 5500
recommends establishing and affixing mill values that are less
than those included in the adopted budget, due to higher than
anticipated increase in mill values. The estimated mill value
included in the budget was $190,436. The actual mill value is
$247,106.
Certified Values and Maximum Mill Levy
On August 1, 2023, the City received its official certification of
taxable values for FY24 (2023 tax year/calendar year), issued by
the Department of Revenue (DOR). Thecertification showed that
taxable value went up by 56.5%. The certification also showed an
increase of $13.5 million from new construction (newly taxable
property). The final certified values result in an actual mill value
of $247,106. Resolution 5500 proposes that the City Commission
levy a total of 150.91 mills city-wide. The General Fund all-
purpose levy, as provided by Sections 7-6-4451 and 15-10-420
MCA, is proposed to be 93.22 mills of 105.13 total available as the maximum levy. Mill Levies have been reduced in this
resolution to generate the same amount of revenue included in the adopted budget. With approval of Resolution 5500,
the City will maintain its commitment of 9.0 floating mills being held back in alignment with Resolution No. 3954 (911
mills) and leaves 12.11 available floating General Fund mills unlevied.
All Purpose Levy:
General Fund 83.30
Community/Workforce Housing 5.89
City Planning 2.00
Senior Transportation 0.77
Story Mill Landfill Monitoring 1.60
Total All Purpose Levy 93.56
Permissive Levies:
Health/Medical Insurance 10.88
Total Permissive Levies 10.88
Voted Levies:
Fire Equiment 4.00
Fire Staffing 12.00
Police Staffing 14.00
Parks & Trails GO Bonds 4.49
Bozeman Public Safety Center Bonds 10.15
Fire Station #2 Relocation GO Bonds 2.18
Total Voted Levies:46.82
Grand Total Levied 151.25
Mill Levy Fiscal Year 2023-2024 (FY24)
237
Page | 2
The charts below show the percentage change in taxable value city-wide, and the total property taxes levied through the
all-purpose property tax levy. Although taxable values increased by more than 55%, revenues to the City from all-purpose
property tax levies are expected to increase by only 8%.
*Denotes years of valuation. Montana valuates property every other year.
12.9%
3.3%
21.8%
3.3%
20.9%
3.0%
56.5%
0.0%
10.0%
20.0%
30.0%
40.0%
50.0%
60.0%
2018*2019 2020*2021 2022*2023 2024*
Percent Change in Taxable Value
14,338,536 15,192,508 16,567,749
13,767,060
16,675,179
20,623,353 21,842,278
-
5,000,000
10,000,000
15,000,000
20,000,000
25,000,000
2018 2019 2020 2021 2022 2023 2024
All Purpose Property Tax Revenues
238
Page | 3
Tax Increment Financing Districts (TIFD)
Tax increment financing districts have also seen significant increases in incremental values.The additional revenue can be
used to fund projects within each respective district. Expenditures of additional revenue that was not anticipated when
the budget was adopted will require a budget amendment.
3,769,917 4,159,996 5,987,410 6,247,663 7,893,562 8,245,319
13,789,647
-
2,000,000
4,000,000
6,000,000
8,000,000
10,000,000
12,000,000
14,000,000
16,000,000
2018 2019 2020 2021 2022 2023 2024
Downtown TIFD
Base Value Incremental Value
223,765 229,047 457,274 477,252 636,368 660,471
1,382,658
-
500,000
1,000,000
1,500,000
2,000,000
2018 2019 2020 2021 2022 2023 2024
Northeast TIFD
Base Value Incremental Value
948,716 982,574 1,714,155 1,707,571 2,589,893 2,751,885
5,397,828
-
2,000,000
4,000,000
6,000,000
8,000,000
10,000,000
2018 2019 2020 2021 2022 2023 2024
Midtown TIFD
Base Value Incremental Value
239
Page | 4
87,633
20,749 -13,824 53,750 37,133 85,307
-
50,000
100,000
150,000
200,000
250,000
300,000
350,000
2018 2019 2020 2021 2022 2023 2024
North Park TIFD
Base Value Incremental Value
56,410 56,410
98,233
-
20,000
40,000
60,000
80,000
100,000
120,000
2018 2019 2020 2021 2022 2023 2024
South Bozeman Technology TIFD
Base Value Incremental Value
255,655 315,388
1,128,947
-
500,000
1,000,000
1,500,000
2,000,000
2,500,000
2018 2019 2020 2021 2022 2023 2024
Pole Yard TIFD
Base Value Incremental Value
240
Memorandum
REPORT TO:City Commission
FROM:Bernie Massey, Assistant Treasurer
Laurae Clark, Treasurer
Melissa Hodnett, Finance Director
SUBJECT:Resolution 5519 Establishing an 8% increase to Street Maintenance District
Assessments for Fiscal Year 2023-2024 (FY24)
MEETING DATE:August 22, 2023
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Adopt Commission Resolution No. 5519 establishing an 8% increase in Street
Maintenance District Assessments for FY24, making the assessment rate
$0.037908 per assessable square foot.
STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable
sources of funding for appropriate City services, and deliver them in a lean
and efficient manner.
BACKGROUND:On July 16, 1990, the City Commission passed Commission Resolution No.
2803 creating a city-wide maintenance district for all streets, alleys and
public places located within the city’s corporate limits, known formally as
the Street Maintenance District. On July 11, 2023, the City Commission
adopted Resolution No. 5486 adopting the FY24 Budget, which included an
8% increase in Street Maintenance District Assessments to support eligible
district expenditures.
UNRESOLVED ISSUES:None
ALTERNATIVES:Changes to the rate approved in the FY24 Budget may require budget
amendments to ensure a balanced budget.
FISCAL EFFECTS:The assessment rate proposed is consistent with the Fiscal Year 2024
Adopted Budget. The estimated annual increase to the median homeowner,
on a 7,500 sq ft lot, is approximately $21.06. The total annual assessment
estimated for the median homeowner is $284.31.
Attachments:
Resolution 5519 Street Mtc Assessments FY24.docx
Report compiled on: August 9, 2023
241
Page 1 of 5
RESOLUTION NO. 5519
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL
YEAR 2024 UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF
GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE
INCURRED IN THE CITY-WIDE STREET MAINTENANCE DISTRICT IN THE CITY
OF BOZEMAN AND TO EXTEND THE BOUNDARIES OF SAID DISTRICT TO
ENCOMPASS ANNEXED PROPERTIES.
WHEREAS, the City Commission of the City of Bozeman did on the 16th day of July
1990, following notice and public hearing, regularly pass Commission Resolution No. 2803
entitled:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, CREATING A CITY-WIDE MAINTENANCE DISTRICT FOR ALL
STREETS, ALLEYS AND PUBLIC PLACES LOCATED WITHIN THE CITY’S
CORPORATE LIMITS AND REPEALING COMMISSION RESOLUTION NOS. 1650,
CREATING SPRINKLING DISTRICT NO 5; 1651, CREATING SPRINKLING
DISTRICT NO 6; 1652 CREATING SPRINKLING DISTRICT NO 7; 1653, CREATING
SPRINKLING DISTRICT NO 8; AND 1654, CREATING SPRINKLING DISTRICT NO 9.
Which Commission Resolution No. 2803 provides the basis and method of assessing the cost
against property herein assessed; and
242
Resolution 5519, Levying Assessment for Street Maintenance District for FY24
Page 2 of 5
WHEREAS,Commission Resolution No. 2803 further provides that said special
assessments shall be made, levied, and collected in the same manner as are other special
assessments and levies of the City of Bozeman; and
WHEREAS, Section 7-12-4403, Montana Code Annotated, allows the district boundaries
to be changed by resolution; and
WHEREAS, the district boundaries are the city corporate limits, to include all annexed
property as of the date of this resolution, excluding Story Hills; and
WHEREAS, to defray the costs of street maintenance for the coming assessment year, the
Commission must now establish an assessment to be levied for said services.
NOW, THEREFORE, pursuant to the provisions of said Commission Resolution No.
2803 and the laws of the State of Montana,
BE IT RESOLVED AND IT IS HEREBY ORDERED BY THE COMMISSION OF
THE CITY OF BOZEMAN, STATE OF MONTANA:
Section 1
To defray the estimated cost and expense of the maintenance of streets, alleys and public places
located within the maintenance district, which is hereby extended to include the city’s corporate
limits existing as of the date of this resolution, excluding Story Hills, for Fiscal Year 2024 there is
hereby levied and assessed against the assessable area of the several lots, pieces and parcels of
land benefited by the maintenance district within the City of Bozeman as set forth in Schedule A,
attached hereto and by this reference made a part hereof, which describes each lot or parcel of land
with the name of the owner and/or owners, if known, and the amount assessed against the same.
The said sums shall be paid and the collection thereof be made in the manner and in accordance
with Commission Resolution No. 2803 of the City of Bozeman, Montana, and the laws of the State
of Montana governing the collection of maintenance district assessments. Failure to pay such
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Resolution 5519, Levying Assessment for Street Maintenance District for FY24
Page 3 of 5
assessment when the same shall become due and payable shall make such persons and such lots
and parcels of land liable to the penalties provided by law relative to delinquent taxes and
assessments. The November assessments shall become delinquent at 5:01 p.m. on November 30,
2023, and the May assessments shall become delinquent at 5:01 p.m. on May 31, 2024.
Section 2
The assessment basis and method of assessing the costs of the maintenance district against property
herein assessed shall be as specified in Resolution No. 2803, which is hereby incorporated by this
reference and made a part of this Resolution.
Section 3
The per-square-foot assessment rate in said maintenance district shall be $0.037908 per square
foot of actual lot area, with a limit on the maximum square footage assessed for zones as listed
below.
For non-conforming residences located in business and manufacturingzoning districts without any
business or manufacturing use attached, there shall be a maximum of 15,000 square feet assessed.
Zoning Maximum assessment square footage (Cap)
R-1 15,000 sq ft
R-2 15,000 sq ft
R-3 15,000 sq ft
R-4 15,000 sq ft
R-5 15,000 sq ft
RMH 8,250 sq ft/unit
RS 15,000 sq ft
RO No Cap on developed parcels.
Cap of 15,000 square ft on undeveloped (parcels that
have no structures and have not received subdivision
review.)
PLI (including MSU,
Schools, Govt,
25% of total sq ft
244
Resolution 5519, Levying Assessment for Street Maintenance District for FY24
Page 4 of 5
Hospital, & Public
Owned property)
REMU No Cap on developed parcels
Cap of 15,000 square ft on undeveloped (parcels that
have no structures and have not received subdivision
review.)
All Business Zones No Cap on developed parcels
Cap of 15,000 square ft on undeveloped (parcels that
have no structures and have not received subdivision
review.)
All Manufacturing
Zones
No Cap on developed parcels
Cap of 15,000 square ft on undeveloped (parcels that
have no structures and have not received subdivision
review.)
Section 4
This assessment shall be levied for the fiscal year of July 1, 2023 through June 30, 2024, and be
billed in October 2023 as are all other special assessments. Any condominium and/or subdivision
of land recorded on or before September 30, 2023 is subject to assessment for Fiscal Year 2024.
Section 5
The regular session of the Commission of the City of Bozeman, Montana to be held at City Hall,
121 N. Rouse Ave, Bozeman, Montana, on the 22nd day of August, 2023 at 6:00 p.m., and the
same is hereby designated as the time and place at which objections to the final adoption of the
Resolution will be heard by said Commission.
Section 6
The City Clerk of the City of Bozeman, did publish in the Bozeman Daily Chronicle a Notice
signed by the City Clerk, stating that a Resolution levying and assessing a special assessment to
defray the cost and expense of maintenance of all streets, alleys, and public places located within
245
Resolution 5519, Levying Assessment for Street Maintenance District for FY24
Page 5 of 5
the City’s corporate limits for the Fiscal Year 2024, against the property on which such service
was rendered, is on file in the office of the City Clerk and subject to inspection. Said notice states
the time and place at which objections will be heard by the Commission to the final adoption of
the Resolution. The final publication of said Notice was published at least five (5) days before the
date set by the Commission for hearing objections and final adoption of this Resolution.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana at a regular session thereof held on the 22nd day of August, 2023.
_______________________________
CYNTHIA ANDRUS
Mayor
ATTEST:
____________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
____________________________________
GREG SULLIVAN
City Attorney
246
Memorandum
REPORT TO:City Commission
FROM:Bernie Massey, Assistant Treasurer
Laurae Clark, Treasurer
Melissa Hodnett, Finance Director
SUBJECT:Resolution 5521 Establishing an 8% change to Arterial and Collector Street
Maintenance District Assessments for FY 2024
MEETING DATE:August 22, 2023
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Adopt Commission Resolution No. 5521/Establishing an 8% change in
Arterial and Collector Street Maintenance Assessments for FY 2024, making
the assessment rate $0.008011 per assessable square foot.
STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable
sources of funding for appropriate City services, and deliver them in a lean
and efficient manner.
BACKGROUND:On August 31, 2015, the City Commission passed Commission Resolution No.
4640 creating the Arterial & Collector Street Special District for the purpose
of funding the construction, improvements, and maintenance of
transportation facilities related to arterials and collector streets. On July 11,
2023, the City Commission adopted Resolution No. 5486 adopting the FY24
Budget, which included an 8% increase in Arterial and Collector Street
Maintenance Assessments to support eligible district expenditures.
UNRESOLVED ISSUES:None
ALTERNATIVES:Changes to the rate approved in the FY24 Budget may require budget
amendments to ensure a balanced budget.
FISCAL EFFECTS:The assessment rate proposed is consistent with the FY24 Budget. The
estimated annual increase to the median homeowner, on a 7,500 sq ft lot, is
approximately $4.45. The total annual assessment estimated for the median
homeowner is $60.08.
Attachments:
Resolution 5521 Arterial-CollectorStreet Mtc Assessments
FY24.docx
Report compiled on: July 24, 2023
247
248
Page 1 of 5
RESOLUTION NO. 5521
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL
YEAR 2024 UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF
GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE
INCURRED IN THE CITY-WIDE ARTERIAL AND COLLECTOR STREET
MAINTENANCE DISTRICT IN THE CITY OF BOZEMAN AND TO EXTEND THE
BOUNDARIES OF SAID DISTRICT TO ENCOMPASS ANNEXED PROPERTIES.
WHEREAS, the City Commission of the City of Bozeman did on the 31st day of August,
2015, following notice and public hearing regularly pass Commission Resolution No. 4640
entitled:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, CREATING THE ARTERIAL AND COLLECTOR STREET
SPECIAL DISTRICT FOR THE PURPOSE OF FUNDING THE CONSTRUCTION,
IMPROVEMENTS, AND MAINTENANCE OF TRANSPORTATION FACILITIES
RELATED TO ARTERIALS AND COLLECTOR STREETS.
Which Commission Resolution No. 4640 provides the basis and method of assessing the cost
against property herein assessed; and
WHEREAS,Commission Resolution No. 4640 further provides that said special
assessments shall be made, levied, and collected in the same manner as are other special
assessments and levies of the City of Bozeman; and
249
Resolution 5521, Levying and Assessing Arterial and Collector Maintenance District for FY24
Page 2 of 5
WHEREAS, in accordance with Commission Resolution No. 4640, the district boundaries
are the city corporate limits as amended from time to time by annexation; and
WHEREAS, to defray the costs of arterial and collector street maintenance for the coming
assessment year, the Commission must now establish an assessment to be levied for said services.
NOW, THEREFORE, pursuant to the provisions of said Commission Resolution No.
4640 and the laws of the State of Montana,
BE IT RESOLVED AND IT IS HEREBY ORDERED BY THE COMMISSION OF
THE CITY OF BOZEMAN, STATE OF MONTANA:
Section 1
To defray the cost and expense of the maintenance of arterial and collector streets located within
the district, which is hereby extended to include the city’s corporate limits including all annexed
properties as of the date of this Resolution, for fiscal year 2024 the City of Bozeman hereby levies
and assesses upon all property located within the district the respective amounts listed on Schedule
A, attached hereto and by this reference made a part of this Resolution. The assessment amounts
set forth on Schedule A shall be paid and collected in accordance with Commission Resolution
No. 4640 of the City of Bozeman, Montana, and the laws of the State of Montana governing the
collection of special district assessments. Failure to pay such assessment when due and payable
shall make such persons and such lots and parcels of land liable to the penalties provided by law
relative to delinquent taxes and assessments. The November assessments shall become delinquent
at 5:01 p.m. on November 30, 2023, and the May assessments shall become delinquent at 5:01
p.m. on May 31, 2024.
Section 2
250
Resolution 5521, Levying and Assessing Arterial and Collector Maintenance District for FY24
Page 3 of 5
The assessment basis and method of assessing the costs of the district against property herein
assessed shall be as specified in Resolution No. 4640, which is hereby incorporated by this
reference and made a part of this Resolution.
Section 3
That the per-square-foot assessment rate in saiddistrict shall be$0.008011per square footof actual
lot area, with a limit on the maximum square footage assessed for zones as listed below.
For non-conforming residences located in business and manufacturingzoning districts without any
business or manufacturing use attached, there shall be a maximum of 15,000 square feet assessed.
Zoning Maximum assessment square footage (Cap)
R-1 15,000 sq ft
R-2 15,000 sq ft
R-3 15,000 sq ft
R-4 15,000 sq ft
R-5 15,000 sq ft
RMH 8,250 sq ft/unit
RS 15,000 sq ft
RO No Cap on developed parcels.
Cap of 15,000 sq ft on undeveloped (parcels that have
no structures and have not received subdivision
review.)
PLI (including MSU,
Schools, Govt,
Hospital, & Public
Owned property)
25% of total sq ft
REMU No Cap on developed parcels
Cap of 15,000 square ft on undeveloped (parcels that
have no structures and have not received subdivision
review.)
All Business Zones No Cap on developed parcels
Cap of 15,000 square ft on undeveloped (parcels that
have no structures and have not received subdivision
review.)
251
Resolution 5521, Levying and Assessing Arterial and Collector Maintenance District for FY24
Page 4 of 5
All Manufacturing
Zones
No Cap on developed parcels
Cap of 15,000 square ft on undeveloped (parcels that
have no structures and have not received subdivision
review.)
Section 4
This assessment shall be levied for the fiscal year of July 1, 2023, through June 30, 2024, and be
billed in October 2023 as are all other special assessments. Any condominium and/or subdivision
of land recorded on or before September 30, 2023, is subject to assessment for fiscal year 2024.
Section 5
The regular session of the Commission of the City of Bozeman, Montana to be held at City Hall,
121 N. Rouse Ave, Bozeman, Montana, on the 22nd day of August 2023 at 6:00 p.m., and the
same is hereby designated as the time and place at which objections to the final adoption of the
Resolution will be heard by said Commission.
Section 6
The City Clerk of the City of Bozeman, did publish in the Bozeman Daily Chronicle a Notice
signed by the City Clerk, stating that a Resolution levying and assessing a special assessment to
defray the cost and expense of maintenance of all arterial and collector streets located within the
City’s corporate limits for the fiscal year 2024, against the property on which such service was
rendered, is on file in the office of the City Clerk and subject to inspection. Said notice states the
time and place at which objections will be heard by the Commission to the final adoption of the
Resolution. Said Notice waspublished at least five (5) days before the date set by the Commission
for hearing objections and final adoption of this Resolution.
252
Resolution 5521, Levying and Assessing Arterial and Collector Maintenance District for FY24
Page 5 of 5
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana at a regular session thereof held on the 22nd day of August, 2023.
____________________________
CYNTHIA ANDRUS
Mayor
ATTEST:
____________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
____________________________________
GREG SULLIVAN
City Attorney
253
Memorandum
REPORT TO:City Commission
FROM:Bernie Massey, Assistant Treasurer
Laurae Clark, Treasurer
Melissa Hodnett, Finance Director
SUBJECT:Resolution 5520 Establishing Tree Maintenance District Assessments for
FY2024
MEETING DATE:August 22, 2023
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Adopt Commission Resolution No. 5520 / establishing a Tree Maintenance
District Assessments for FY2024, making the assessment rate $0.004071 per
assessable square foot.
STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable
sources of funding for appropriate City services, and deliver them in a lean
and efficient manner.
BACKGROUND:On July 16, 1990, the City Commission passed Commission Resolution No.
2804 creating a city-wide tree maintenance district for the purpose of
planting and maintaining trees in all public places, rights-of-ways and parks.
On July 11, 2023, the City Commission adopted Resolution No. 5486
adopting the FY24 Budget, which included a 4% increase in Tree
Maintenance District Assessments to support eligible district expenditures.
UNRESOLVED ISSUES:None
ALTERNATIVES:Changes to the rate approved in the FY24 Budget may require budget
amendments to ensure a balanced budget.
FISCAL EFFECTS:The assessment rate proposed is consistent with the FY24 Budget. The
estimated annual increase to the median homeowner, on a 7,500 sq ft lot, is
approximately $1.17. The total annual assessment estimated for the median
homeowner is $30.53.
Attachments:
Resolution 5520 Tree Mtc Assessments FY24.docx
Report compiled on: July 24, 2023
254
Page 1 of 5
RESOLUTION NO. 5520
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL
YEAR 2024 UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF
GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE
INCURRED IN THE CITY-WIDE TREE MAINTENANCE DISTRICT IN THE CITY OF
BOZEMAN AND TO EXTEND THE BOUNDARIES OF SAID DISTRICT TO
ENCOMPASS ANNEXED PROPERTIES.
WHEREAS, the City Commission of the City of Bozeman did on the 16th day of July
1990, following notice and public hearing, regularly pass Commission Resolution No. 2804
entitled:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, CREATING A CITY-WIDE MAINTENANCE DISTRICT FOR THE
PURPOSE OF PLANTING AND MAINTAINING TREES IN ALL PUBLIC PLACES,
RIGHTS-OF-WAYS AND PARKS.
Which Commission Resolution No. 2804 provides the basis and method of assessing the cost
against property herein assessed; and
WHEREAS, Commission Resolution No. 2804 further provides that said special
assessments shall be made, levied, and collected in the same manner as are other special
assessments and levies of the City of Bozeman; and
255
Resolution No. 5520, Tree Maintenance Assessments, FY24
Page 2 of 5
WHEREAS, Section 7-12-4179, Montana Code Annotated, allows the district boundaries
to be changed by resolution; and
WHEREAS, the district boundaries are the city corporate limits, to include all annexed
property as of the date of this resolution, excluding Story Hills; and
WHEREAS, to defray the costs of tree maintenance for the coming assessment year, the
Commission must now establish an assessment to be levied for said services.
NOW THEREFORE, pursuant to the provisions of said Commission Resolution No.
2804 and the laws of the State of Montana,
BE IT RESOLVED AND IT IS HEREBY ORDERED BY THE COMMISSION OF
THE CITY OF BOZEMAN, STATE OF MONTANA:
Section 1
To defray the estimated cost and expense of planting and maintaining trees in all public places,
rights-of-way and parks located within the maintenance district, which is hereby extended to
include the city’s corporate limits existing as of the date of this resolution, excluding Story Hills,
for Fiscal Year 2024, there is hereby levied and assessed against the assessable area of the several
lots, pieces and parcels of land benefited by the maintenance district within the City of Bozeman
as set forth in Schedule A, attached hereto and by this reference made a part hereof, which
describes each lot or parcel of land with the name of the owner and/or owners, if known, and the
amount assessed against the same. The said sums shall be paid and the collection thereof be made
in the manner and in accordance with Commission Resolution No. 2804 of the City of Bozeman,
Montana, and the laws of the State of Montana governing the collection of maintenance district
assessments. Failure to pay such assessment when the same shall become due and payable shall
make such persons and such lots and parcels of land liable to the penalties provided by law relative
to delinquent taxes and assessments. The November assessments shall become delinquent at 5:01
256
Resolution No. 5520, Tree Maintenance Assessments, FY24
Page 3 of 5
p.m. on November 30, 2023, and the May assessments shall become delinquent at 5:01 p.m. on
May 31, 2024.
Section 2
The assessment basis and method of assessing the costs of the maintenance district against property
herein assessed shall be as specified in Resolution No. 2804, which is hereby incorporated by this
reference and made a part of this Resolution.
Section 3
The per-square-foot assessment rate in said maintenance district shall be 0.004071, per square foot
of actual lot area, with a limit on the maximum square footage assessed for zones listed below.
For non-conforming residences located in business and manufacturingzoning districts without any
business or manufacturing use attached, there shall be a maximum of 15,000 square feet assessed.
Zoning Maximum assessment square footage (Cap)
R-1 15,000 sq ft
R-2 15,000 sq ft
R-3 15,000 sq ft
R-4 15,000 sq ft
R-5 15,000 sq ft
RMH 8,250 sq ft/unit
RS 15,000 sq ft
RO No Cap on developed parcels.
Cap of 15,000 square ft on undeveloped (parcels that
have no structures and have not received subdivision
review.)
PLI (including MSU,
Schools, Govt,
Hospital, & Public
Owned property)
25% of total sq ft
REMU No Cap on developed parcels
257
Resolution No. 5520, Tree Maintenance Assessments, FY24
Page 4 of 5
Cap of 15,000 square ft on undeveloped (parcels that
have no structures and have not received subdivision
review.)
All Business Zones No Cap on developed parcels
Cap of 15,000 square ft on undeveloped (parcels that
have no structures and have not received subdivision
review.)
All Manufacturing
Zones
No Cap on developed parcels
Cap of 15,000 square ft on undeveloped (parcels that
have no structures and have not received subdivision
review.)
Section 4
This assessment shall be levied for the fiscal year of July 1, 2023, through June 30, 2024, and be
billed in October 2023 as are all other special assessments. Any condominium and/or subdivision
of land recorded on or before September 30, 2023, is subject to assessment for Fiscal Year 2024.
Section 5
The regular session of the Commission of the City of Bozeman, Montana to be held at City Hall,
121 N Rouse Ave, Bozeman, Montana, on the 22nd day of August 2023 at 6:00 p.m., and the same
is hereby designated as the time and place at which objections to the final adoption of the
Resolution will be heard by said Commission.
Section 6
The City Clerk of the City of Bozeman, did publish in the Bozeman Daily Chronicle a Notice
signed by the City Clerk, stating that a Resolution levying and assessing a special assessment to
defray the cost and expense of planting and maintaining trees in all public places, rights-of-way
and parks located within the City’s corporate limits for the Fiscal Year 2024, against the property
on which such service was rendered, is on file in the office of the City Clerk and subject to
258
Resolution No. 5520, Tree Maintenance Assessments, FY24
Page 5 of 5
inspection. Said notice states the time and place at which objections will be heard by the
Commission to the final adoption of the Resolution. The final publication of said Notice was
published at least five (5) days before the date set by the Commission for hearing objections and
final adoption of this Resolution.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana at a regular session thereof held on the 22nd day of August 2023.
____________________________
CYNTHIA ANDRUS
Mayor
ATTEST:
_________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
____________________________________
GREG SULLIVAN
City Attorney
259
Memorandum
REPORT TO:City Commission
FROM:Bernie Massey, Assistant Treasurer
Laurae Clark, Treasurer
Melissa Hodnett, Finance Director
SUBJECT:Resolution 5522 Establishing a 7% change to Parks and Trails Maintenance
District Assessments for FY 2024
MEETING DATE:August 22, 2023
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Adopt Resolution No. 5522 – Establishing a 7% change in Parks and Trails
Maintenance District Assessments for FY 2024, making the assessment rate
$0.027823 per assessable square foot.
STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable
sources of funding for appropriate City services, and deliver them in a lean
and efficient manner.
BACKGROUND:On May 5, 2020 the Citizens of Bozeman voted to approve the creation of a
Parks & Trails District in an effort to solve three major issues: deferred
maintenance, operations & maintenance, and equity. The FY24 Adopted
Budget includes a 7% change in Parks and Trails Maintenance District
Assessments to support eligible district expenditures.
UNRESOLVED ISSUES:None
ALTERNATIVES:Changes to the rate approved in the FY24 Budget may require budget
amendments to ensure a balanced budget.
FISCAL EFFECTS:The assessment rate proposed is consistent with the FY24 Budget. The
estimated annual increase to the median homeowner, on a 7,500 sq ft lot, is
approximately $13.65. The total annual assessment estimated for the
median homeowner is $208.67.
Attachments:
Resolution 5522 Parks & Trails Maintenance Dist FY24.docx
Report compiled on: August 8, 2023
260
Page 1 of 5
RESOLUTION NO. 5522
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL
YEAR 2024 UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF
GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE
INCURRED IN THE CITY-WIDE PARKS AND TRAILS DISTRICT IN THE CITY OF
BOZEMAN AND TO EXTEND THE BOUNDARIES OF SAID DISTRICT TO
ENCOMPASS ANNEXED PROPERTIES.
WHEREAS,on May 5, 2020, the voter of the City of Bozeman approved the creation of
a Parks and Trails District (the “District”); and
WHEREAS, the City Commission of the City of Bozeman did on the 1st day of June,
2020, following notice and public hearing pass Commission Resolution No. 5180 entitled:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, ORDERING THE CREATION OF A PARKS AND TRAILS SPECIAL
DISTRICT WITHIN THE INCORPORATED LIMITS OF THE CITY OF
BOZEMAN, MONTANA PURSUANT TO THE RESULTS OF THE MAY 5, 2020
ELECTION
; and
WHEREAS, the City Commission of the City of Bozeman did on the 2nd day of
December, 2019, following notice and public hearing regularly pass Commission Resolution No.
5053, a Resolution: (i) ordering a referendum on the creation of the District; (ii) providing the
basis and method of assessing the cost against property herein assessed; and (iii) stating the City
Commission will, as part of its regular budget process, estimating the total costs of the District for
the following fiscal year; and
WHEREAS, in accordance with Commission Resolution No. 5053, the District
boundaries are the corporate limits of the City as amended from time to time by annexation; and
261
Resolution 5522, Levying and Assessing Parks and Trails District
Page 2 of 5
WHEREAS, to defray the costs of the district for the coming assessment year (fiscal year
2024), the Commission must now establish an assessment to be levied for to defray the costs of
the District.
NOW, THEREFORE, pursuant to the provisions of said Commission Resolution No.
5053 and the laws of the State of Montana,
BE IT RESOLVED AND IT IS HEREBY ORDERED BY THE COMMISSION OF
THE CITY OF BOZEMAN, STATE OF MONTANA:
Section 1
To defray the cost and expense of District, which is hereby extended to include the City’s corporate
limits including all annexed properties as of the date of this Resolution, for fiscal year 2024 the
Bozeman City Commission hereby levies and assesses upon all property located within the district
the respective amounts listed on Schedule A, attached hereto and by this reference made a part of
this Resolution. The assessments are an amount equal to the annual cost of the programs and
improvements of the District. The assessment amounts set forth on Schedule A shall be paid and
collected in accordance with Commission Resolution No. 5053, and the laws of the State of
Montana governing the collection of special district assessments. Failure to pay such assessment
when due and payable shall make such persons and such lots and parcels of land liable to the
penalties provided by law relative to delinquent taxes and assessments. The November assessments
shall become delinquent at 5:01 p.m. on November 30, 2023, and the May assessments shall
become delinquent at 5:01 p.m. on May 31, 2024.
Section 2
The assessment basis and method of assessing the costs of the District against property herein
assessed shall be as specified in Resolution No. 5053, which is hereby incorporated by this
reference and made a part of this Resolution.
Section 3
That the per-square-foot assessment rate in saiddistrict shall be$0.027823per square footof actual
lot area, with a limit on the maximum square footage assessed for zones as listed below.
For non-conforming residences located in business and manufacturingzoning districts without any
business or manufacturing use attached, there shall be a maximum of 15,000 square feet assessed.
262
Resolution 5522, Levying and Assessing Parks and Trails District
Page 3 of 5
Zoning Maximum assessment square footage (Cap)
R-1 15,000 sq ft
R-2 15,000 sq ft
R-3 15,000 sq ft
R-4 15,000 sq ft
R-5 15,000 sq ft
RMH 8,250 sq ft/unit
RS 15,000 sq ft
RO No Cap on developed parcels.
Cap of 15,000 sq ft on undeveloped (parcels that have
no structures and have not received subdivision
review.)
PLI (including MSU,
Schools, Govt,
Hospital, & Public
Owned property)
25% of total sq ft
REMU; NEHMU;
UMU
No Cap on developed parcels
Cap of 15,000 square ft on undeveloped (parcels that
have no structures and have not received subdivision
review.)
All Business Zones No Cap on developed parcels
Cap of 15,000 square ft on undeveloped (parcels that
have no structures and have not received subdivision
review.)
All Manufacturing
Zones
No Cap on developed parcels
Cap of 15,000 square ft on undeveloped (parcels that
have no structures and have not received subdivision
review.)
Section 4
This assessment shall be levied for the fiscal year of July 1, 2023, through June 30, 2024, and be
billed in October 2023 as are all other special assessments. Any condominium and/or subdivision
of land recorded on or before September 30, 2023, is subject to assessment for fiscal year 2024.
263
Resolution 5522, Levying and Assessing Parks and Trails District
Page 4 of 5
Section 5
The regular session of the Commission of the City of Bozeman, Montana to be held at City Hall,
121 N. Rouse Ave, Bozeman, Montana, on the 22nd day of August 2023 at 6:00 p.m., and the
same is hereby designated as the time and place at which objections to the final adoption of the
Resolution will be heard by said Commission.
Section 6
The City Clerk of the City of Bozeman, did publish in the Bozeman Daily Chronicle a Notice
signed by the City Clerk, stating that a Resolution levying and assessing a special assessment to
defray the cost and expense of maintenance of all city owned parks and trails located within the
City’s corporate limits for the fiscal year 2024, against the property on which such service was
rendered, is on file in the office of the City Clerk and subject to inspection. Said notice states the
time and place at which objections will be heard by the Commission to the final adoption of the
Resolution. Said Notice waspublished at least five (5) days before the date set by the Commission
for hearing objections and final adoption of this Resolution.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana at a regular session thereof held on the 22nd day of August 2023.
____________________________
CYNTHIA ANDRUS
Mayor
ATTEST:
____________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
____________________________________
264
Resolution 5522, Levying and Assessing Parks and Trails District
Page 5 of 5
GREG SULLIVAN
City Attorney
265
Memorandum
REPORT TO:City Commission
FROM:Kaitlin Johnson, Budget Analyst
Melissa Hodnett, Finance Director
SUBJECT:Resolution 5506 Establishing Rates for Stormwater, Water, Wastewater, and
Solid Waste Charges
MEETING DATE:August 22, 2023
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Move to approve Resolution 5506
STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable
sources of funding for appropriate City services, and deliver them in a lean
and efficient manner.
BACKGROUND:The City Commission adopted Resolution 5486 to adopt the fiscal year 2023-
2024 (FY24) budget on July 11, 2023. The budget included rates increases for
water, wastewater (sewer), and stormwater utilities. In addition, on July 18,
2023, the City Commission was presented with consultant's findings
regarding the most recent solid waste rate study and compost feasibility
study. Proposed rates in Resolution 5506 are consistent with those
presented during budget adoption and during the Solid Waste work session.
Details on proposed rates increases for water, water reclamation (sewer),
and stormwater can be found on pages 43-46 and 206-207 of the FY24 City
Manager Recommended Budget document.
UNRESOLVED ISSUES:None
ALTERNATIVES:Changes to rates approved in the FY24 Budget may require budget
amendments to ensure a balanced budget.
FISCAL EFFECTS:Under Commission Resolution No. 5506, stormwater, water, wastewater,
and solid waste rates are proposed for the year effective with bills due
September 15, 2023. The proposed stormwater rate increase is 8%, the
proposed water increase is 12%, the proposed wastewater increase is 12%.
The estimated average monthly residential increase for stormwater, water,
and wastewater rates is $7.13 (based on an 8.5 HCF consumption). Solid
waste rates are proposed to increase for both commercial and residential
customers.
Attachments:
266
23.08.22-5506 Establishing Fees & Rates for FY24.pdf
Bozeman Rate Memo 8.4.23.pdf
Report compiled on: August 10, 2023
267
-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING RATES
AND FEES FOR WATER, WASTEWATER, STORMWATER, AND SOLID WASTE SERVICE FOR THE CITY OF BOZEMAN.
WHEREAS, the City Commission of the City of Bozeman following notice and public hearing established a new
rate schedule and fees for the City of Bozeman’s Water, Wastewater, and Stormwater Funds.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit:
Section 1 Water Rates and Fees
1.1 Water – Metered Rates
A. Service Charge
Per Meter Size Current Rate Effective 9/1/23 Unit
5/8" or 3/4" $16.17 $18.11 per month
1" $21.42 $23.99 per month
1 1/4" $28.50 $31.92 per month
1 1/2" $33.71 $37.76 per month
2" $49.02 $54.90 per month
3" $84.73 $94.90 per month
4" $135.88 $152.19 per month
6" $253.23 $283.62 per month
8" $400.39 $448.44 per month
B. Minimum Charge
(up to 2.0 HCF) Current rate Effective 9/1/23 Unit
Single Family $4.80 $5.38 per month
Multi-Family $4.37 $4.90 per month
Government $7.76 $9.32 per month
MSU $5.45 $6.12 per month
Commercial $4.92 $5.52 per month
Industrial $6.19 $6.93 per month
C. Class & Charge
Per HCF Used Current rate Effective 9/1/23 Unit
Single Family
Tier 1: 0-6 HCF $2.40 $2.69 per month
Tier 2: 6-25 HCF $3.31 $3.71 per month
Tier 3: 25-55 HCF $4.63 $5.19 per month
Tier 4: 55-90 HCF $6.95 $7.78 per month
1
268
C. Class & Charge
Per HCF Used (Continued) Current rate Effective 9/1/23 Unit
Multi-Family $2.19 $2.45 per month
Government $3.88 $4.66 per month
MSU $2.73 $3.06 per month
Commercial $2.46 $2.76 per month
Industrial $1.89 $2.12 per month
Explanatory note: Each customer shall pay a minimum monthly bill, which includes applicable amount according to
meter size (A) plus the minimum water charge (B). For water consumed in excess of 200 cubic feet, a customer
shall pay the additional commodity charge (C).
Drought Reserve Charge Per HCF Used Current rate Effective 9/1/23
Single Family $0.08 $0.09
Multi-Family $0.08 $0.09
Government $0.08 $0.09
MSU $0.08 $0.09
Commercial $0.08 $0.09
Industrial $0.08 $0.09
In the event of a declaration of a drought stage, the following surcharges will be imposed during the stage on the
user rate:
Class & Charge Per HCF Used Stage 1 Stage 2 Stage 3 Stage 4
Single Family
Tier 1: 0-6 HCF 0.0% 10.0% 20.0% 25.0%
Tier 2: 6-25 HCF 24.8% 41.5% 100.0% 200.0%
Tier 3: 25-55 HCF 24.8% 41.5% 100.0% 200.0%
Tier 4: 55-90 HCF 24.9% 41.6% 100.0% 200.1%
Multi-Family 15.6% 23.8% 23.8% 25.0%
Government 15.6% 25.0% 25.0% 25.0%
MSU 15.6% 20.9% 20.9% 25.0%
Commercial 15.6% 25.0% 25.0% 25.0%
Industrial 11.1% 11.1% 11.1% 11.1%
1.2 Water – Flat Rates
Flat Rate Customers Current rate Effective 9/1/23 Unit
Single Family $68.62 $76.85 per month
City Park Irrigation $2,017.00 $2,259.04 per acre per year
Fire Protection $0.00 $0.00 annually
Bulk, Non-potable $7.50 $10.00 per 1,000 gallons
1.3 Water – Low Income Rate Assistance
Customers who apply for and qualify under the State’s Low Income Property Tax Assistance Program, as set forth
in Section 15-6-134 MCA, will receive a credit equal to their monthly water service charge listed above.
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1.4 Water – Other Fees
Fee Type Current Rate Effective 9/1/23
Non-emergency Water Shut Off $75.00 $84.00
Non-emergency Water Reconnection $75.00 $84.00
Section 2 Wastewater Rates and Fees
2.1 Wastewater – Metered Rates
A. Service Charge Current Rate Effective 9/1/23 Unit
Residential $19.58 $21.93 per month
Multi-Family $20.07 $22.48 per month
Commercial $20.07 $22.48 per month
Government $20.07 $22.48 per month
MSU $20.07 $22.48 per month
Industrial $38.98 $43.66 per month
B. Volume Charge Current Rate Effective 9/1/23
Residential $3.28 $3.67 per month per HCF
Multi-Family $3.64 $4.08 per month per HCF
Commercial $4.08 $4.57 per month per HCF
Government $4.24 $4.41 per month per HCF
MSU $4.57 $4.75 per month per HCF
Industrial $6.19 $6.93 per month per HCF
C. Extra Strength Waste Current Rate Effective 9/1/23 Unit
BOD in excess of 200 mg/L $0.37 $0.42 per pound
TSS in excess of 350 mg/L per day $0.54 $0.61 per pound
Phosphorus in excess of 5 mg/L per day $5.89 $6.59 per pound
Nitrogen in excess of 20 mg/L per day $0.52 $0.58 per pound
Explanatory note: Each customer shall pay a minimum monthly bill, which includes the monthly charge (A) plus an
additional charge (B). For extra strength waste, a customer shall additionally pay the extra strength charges (C).
2.2 Wastewater – Unmetered Rates
Unmetered Customers Current Rate Effective 9/1/23 Unit
All Unmetered Customers $46.30 $51.86 per month
2.3 Wastewater - Low Income Rate Assistance
Customers who apply for and qualify under the State’s Low Income Property Tax Assistance Program, as set forth
in Section 15-6-134 MCA, will receive a credit equal to their monthly water service charge listed above.
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Section 3 Stormwater Rates and Fees
3.1 Stormwater – Flat Rates
All properties located within city limits with a city water meter installed shall be billed a flat rate charge per month
for each water meter service.
Flat Rate Customers Current rate Effective 9/1/23 Unit
All Properties $4.19 $4.53 per month
Properties within the city limits that do not have water meters may be assigned the flat rate charge, if it is
determined that their property contains impervious area.
3.2 Stormwater – Establishment of the Impervious Area Equivalent Residential Unit (ERU)
An Equivalent Residential Unit (ERU) size of 2,700 square feet of impervious area is hereby adopted.
A. Regardless of actual size, each single-family residential lost is assigned an ERU=1.0.
B. Each multi-family, commercial, business, government, or other property will be assigned a number of ERUs by
dividing the amount of impervious area by 2,700 square feet.
C. At no point will any property be assigned an ERU of less than 1.0.
The records of impervious area will be made and kept by the City’s Stormwater Department.
3.3 Stormwater – Variable Rates
All properties located within the city limits shall be billed a variable charge for each Equivalent Residential Unit, as
determined under Section 3.2.
Per ERU Current rate Effective 9/1/23 Unit
All Properties Per ERU $3.48 $3.76 per month
3.4 Stormwater – Credit for Properties with Existing Stormwater Infrastructure
Select properties located within the city limits shall received a monthly credit (deduction) if determined to have or
directly contribute to stormwater infrastructure meeting current engineering standards.
Existing Infrastructure Credit Current rate Effective 9/1/23 Unit
Per ERU $1.57 $1.70 per month
The records of stormwater infrastructure and determination of any associated credit will be made and kept by the
City’s Stormwater Department.
Explanatory note: Except as noted in this section, each customer shall pay a minimum monthly bill which includes
the flat rate charge (Section 3.1) plus a variable rate charge (Section 3.3). For properties that have or directly
contribute to stormwater infrastructure meeting current engineering design standards, a Credit will be granted.
3.5 Stormwater – Low Income Charge Assistance
Customers who apply for and qualify under the State's Low Income Property Tax Assistance Program, as set forth
in Section 15-16-134 MCA, will receive a credit equal to their monthly stormwater flat rate charge listed above.
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Section 4 Solid Waste Rates and Fees
4.1 Solid Waste - Residential Rates
Trash Current Rate Effective 9/1/23 Unit
35 Gallon (Monthly Collection) $10.80 $12.10 per month
35 Gallon Weekly $14.52 $16.26 per month
45 Gallon Weekly $14.52 $16.26 per month
65 Gallon Weekly $20.86 $23.36 per month
100 Gallon Weekly $26.73 $29.94 per month
220 Gallon Weekly $44.64 $50.00 per month
300 Gallon Weekly $55.96 $62.68 per month
450 Gallon Weekly $80.63 $90.31 per month
Bear Resistant
65 Gallon Weekly N/A $28.36 per month
100 Gallon Weekly N/A $34.94 per month
Recycling Current rate Effective 9/1/23
65 Gallon Every Other Week $9.93 $11.12 per month
100 Gallon Every Other Week $9.93 $11.12 per month
300 Gallon Every Other Week $15.45 $17.30 per month
Additional Services Current rate Effective 9/1/23
Extra Refuse Bags $2.00 $5.00 per bag
Extra Pick-up $15.00 $20.00 per pick-up
Bulk Item Collection $20.00 $20.00 per item
Clean Tote Swap Charge $15.00 $20.00 per swap
Tote Delivery Fee $5.00 $7.00 per delivery
Extra Recycling $5.00 $10.00 per pick-up
Special Event Charge $125.00 $140.00 per event
Special Event Charge per Tote $2.00 $5.00 per day
Freon Removal N/A $40.00 per unit
Deposit for Tenant Current rate Effective 9/1/23
35/45 Gallon $55.00 $62.00 one-time
65 Gallon $75.00 $84.00 one-time
100 Gallon $100.00 $112.00 one-time
Recycling $40.00 $45.00 one-time
4.2 Solid Waste - Commercial Rates
Commercial Dumpster Current Rate Effective 9/1/23 Unit
Collection Twice per Month
2 Cubic Yards $54.20 $57.45 per month
3 Cubic Yards $57.44 $60.89 per month
4 Cubic Yards $63.23 $67.02 per month
6 Cubic Yards $70.51 $74.74 per month
8 Cubic Yards $79.33 $84.09 per month
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Commercial Dumpster (Continued) Current Rate Effective 9/1/23 Unit
1 Collection per Week
2 Cubic Yards $117.33 $124.37 per month
3 Cubic Yards $124.31 $131.77 per month
4 Cubic Yards $136.86 $145.07 per month
6 Cubic Yards $148.05 $156.93 per month
8 Cubic Yards $158.40 $167.90 per month
2 Collections per Week
2 Cubic Yards $203.68 $215.90 per month
3 Cubic Yards $230.06 $243.86 per month
4 Cubic Yards $256.43 $271.82 per month
6 Cubic Yards $284.28 $301.34 per month
8 Cubic Yards $309.43 $328.00 per month
3 Collections per Week
2 Cubic Yards $290.03 $307.43 per month
3 Cubic Yards $329.13 $348.88 per month
4 Cubic Yards $369.16 $391.31 per month
6 Cubic Yards $420.51 $445.74 per month
8 Cubic Yards $460.45 $488.08 per month
4 Collections per Week
2 Cubic Yards $376.38 $398.96 per month
3 Cubic Yards $429.13 $454.88 per month
4 Cubic Yards $481.86 $510.77 per month
6 Cubic Yards $559.39 $592.95 per month
8 Cubic Yards $611.47 $648.16 per month
5 Collections per Week
2 Cubic Yards $462.72 $490.48 per month
3 Cubic Yards $528.66 $560.38 per month
4 Cubic Yards $594.60 $630.28 per month
6 Cubic Yards $691.87 $733.38 per month
8 Cubic Yards $762.48 $808.23 per month
6 Collections per Week
2 Cubic Yards $549.06 $582.00 per month
3 Cubic Yards $628.20 $665.89 per month
4 Cubic Yards $707.32 $749.76 per month
6 Cubic Yards $824.34 $873.80 per month
8 Cubic Yards $897.74 $951.60 per month
Commercial Cardboard Recycling (5YD) Current Rate Effective 9/1/23
Twice per Month $15.78 $16.73 per month
1 Collection per Week $34.18 $36.23 per month
2 Collections per Week $68.36 $72.46 per month
3 Collections per Week $102.54 $108.69 per month
4 Collections per Week $136.72 $144.92 per month
5 Collections per Week $170.90 $181.15 per month
6 Collections per Week $205.08 $217.38 per month
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Commercial Roll-Off Current Rate Effective 9/1/23
Container Pull $250.00 $400.00 per pull
Yard Waste Pull $135.00 $216.00 per pull
Water Reclamation Facility Pull $170.00 $272.00 per pull
Disposal per Ton Actual cost Actual cost based on landfill charges/ton
4.3 Solid Waste - Temporary Dumpster
Commercial Dumpster Current Rate Effective 9/1/23 Unit
Yard Waste $40.00 $45.00 per container
Household Waste ($40 minimum) $15.00 $16.00 per cubic yard
Construction Waste ($40 minimum) $30.00 $32.00 per cubic yard
Section 5 Billing Procedures
Charges for water and wastewater services are based on a 30-day month. Charges for stormwater and solid waste
services are based on a calendar month.
Charges for water, wastewater, stormwater, and solid waste services under this schedule shall be made a part of
the current monthly water bill, to be shown by separate item on such bill. Separate payment of any charges will
not be accepted with prior approval of the Director of Finance. Charges must be paid at the same time; partial
payments will be applied to the wastewater charge first, with any remainder being applied to the water charge.
Charges for water, wastewater, stormwater, and solid waste service charges become due and payable upon
receipt of the bill. If any bill is not paid on or before the fifteenth day of that month, it will then become
delinquent; and if water, wastewater, or stormwater charges are not paid in full by the fifteenth day of the
following month, water service to the premises involved may be discontinued (shut-off), after a ten-day written
notice. If solid waste charges are not paid in full by the fifteenth day of the following month, solid waste service to
the premises involved may be discontinued, after a ten-day written notice.
A charge of fifty dollars ($50.00) shall be made for any account requiring written utility shut-off notice. An
additional charge of one hundred dollars ($100.00) shall be made for any account requiring written shut-off notice
for a second time in one calendar year. An additional charge of one hundred dollars ($100.00) shall be made for
reinstating a water service that has been discontinued for non-payment of water, wastewater, and/or stormwater
service. charges.
Section 6 Late Fee
For those accounts that become delinquent, a 1.5 percent (1.5%) late fee will be assessed on the next bill. The
minimum late fee shall be $1.00.
Section 7 Protests
In cases where water, wastewater, stormwater, or solid waste service charges under this schedule are claimed to
be unfair, unreasonable, or not in proportion to charges made to other wastewater customers, the person or
persons against whom such charges are made may apply to the City Manager for an adjustment, stating the
circumstances. The City Manager, or his designated representative, may make such adjustment of the wastewater
charges as is deemed necessary, fair and equitable.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular
session thereof held on the 22nd day of August, 2023.
7
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CYNTHIA L. ANDRUS
Mayor
ATTEST:
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
GREG SULLIVAN
City Attorney
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August 4, 2023
Ms. Melissa Hodnett
Finance Director
City of Bozeman
121 N Rouse Ave
Bozeman, MT 59715
Re: Recommended Solid Waste and Recycling Rate Increases
Dear Ms. Hodnett:
On Tuesday, July 18, 2023, Burns & McDonnell had a working session with the Bozeman City
Commission to propose recommended solid waste and recycling rates for Fiscal Year 2024 for
the City’s customers. The attached rates are consistent with recommendations and information
communicated during the meeting. These recommendations are made with the understanding
that the City Commission is interested in the impact of rates on Bozeman residents living in
multifamily homes, which are typically serviced with dumpster service. In FY 2024 the proposed
rate increase for residents in multifamily homes is 6 percent, as compared to the 12 percent
proposed increase for single family homes. Given that the recommended rates for FY 2024 do
not recover the full cost of dumpster services (partially due to rising inflation over the past two
years) and the proposed rate is lower than for single family customers, our recommendation is
to keep the rate increase for multifamily homes at 6 percent. We understand the importance of
this matter to the City Commission, so please let us know if there is a need for alternative rate
recommendations. Our proposed FY 2024 rate recommendations follow.
Residential Rates Current Rate FY 2024 Rate % Change $ Change
Trash
35 Gallon (Monthly Collection) $10.80 $12.10 12% $1.30
35 Gallon Weekly $14.52 $16.26 12% $1.74
45 Gallon Weekly $14.52 $16.26 12% $1.74
65 Gallon Weekly $20.86 $23.36 12% $2.50
100 Gallon Weekly $26.73 $29.94 12% $3.21
220 Gallon Weekly $44.64 $50.00 12% $5.36
300 Gallon Weekly $55.96 $62.68 12% $6.72
450 Gallon Weekly $80.63 $90.31 12% $9.68
Recycling
65 Gallon Every Other Week $9.93 $11.12 12% $1.19
100 Gallon Every Other Week $9.93 $11.12 12% $1.19
300 Gallon Every Other Week $15.45 $17.30 12% $1.85
Bear Resistant Totes
65 Gallon N/A $28.36 N/A $28.36
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City of Bozeman
August 4, 2023
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Residential Rates Current Rate FY 2024 Rate % Change $ Change
100 Gallon N/A $34.94 N/A $34.94
Additional Services
Extra Refuse Bags $2.00 $5.00 150% $3.00
Extra Pick-up $15.00 $20.00 33% $5.00
Clean Tote Swap Charge $15.00 $20.00 33% $5.00
Tote Delivery Fee $5.00 $7.00 40% $2.00
Special Event Charge per Event $125.00 $140.00 12% $15.00
Special Event Charge per Tote per Day $2.00 $5.00 150% $3.00
Extra Recycling $5.00 $10.00 100% $5.00
Bulk Item Collection $20.00 $20.00 0% $0.00
Freon Removal Fee N/A $40.00 N/A $40.00
Deposit for Tenant
35/45 Gallon $55.00 $62.00 13% $7.00
65 Gallon $75.00 $84.00 12% $9.00
100 Gallon $100.00 $112.00 12% $12.00
Recycling $40.00 $45.00 13% $5.00
Temporary Dumpster Rates Current Rate FY 2024 Rate % Change $ Change
Municipal Solid Waste (per CY, $40 minimum) $15.00 $16.00 7% $1.00
Construction and Debris (per CY, $40 minimum) $30.00 $32.00 7% $2.00
Yard Waste (per container) $40.00 $45.00 13% $5.00
Commercial Dumpster Rates Current Rate FY 2024 Rate % Change $ Change
Twice per Month
2 Cubic Yards $54.20 $57.45 6% $3.25
3 Cubic Yards $57.44 $60.89 6% $3.45
4 Cubic Yards $63.23 $67.02 6% $3.79
6 Cubic Yards $70.51 $74.74 6% $4.23
8 Cubic Yards $79.33 $84.09 6% $4.76
1 Collection per Week
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City of Bozeman
August 4, 2023
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Commercial Dumpster Rates Current Rate FY 2024 Rate % Change $ Change
2 Cubic Yards $117.33 $124.37 6% $7.04
3 Cubic Yards $124.31 $131.77 6% $7.46
4 Cubic Yards $136.86 $145.07 6% $8.21
6 Cubic Yards $148.05 $156.93 6% $8.88
8 Cubic Yards $158.40 $167.90 6% $9.50
2 Collections per Week
2 Cubic Yards $203.68 $215.90 6% $12.22
3 Cubic Yards $230.06 $243.86 6% $13.80
4 Cubic Yards $256.43 $271.82 6% $15.39
6 Cubic Yards $284.28 $301.34 6% $17.06
8 Cubic Yards $309.43 $328.00 6% $18.57
3 Collections per Week
2 Cubic Yards $290.03 $307.43 6% $17.40
3 Cubic Yards $329.13 $348.88 6% $19.75
4 Cubic Yards $369.16 $391.31 6% $22.15
6 Cubic Yards $420.51 $445.74 6% $25.23
8 Cubic Yards $460.45 $488.08 6% $27.63
4 Collections per Week
2 Cubic Yards $376.38 $398.96 6% $22.58
3 Cubic Yards $429.13 $454.88 6% $25.75
4 Cubic Yards $481.86 $510.77 6% $28.91
6 Cubic Yards $559.39 $592.95 6% $33.56
8 Cubic Yards $611.47 $648.16 6% $36.69
5 Collections per Week
2 Cubic Yards $462.72 $490.48 6% $27.76
3 Cubic Yards $528.66 $560.38 6% $31.72
4 Cubic Yards $594.60 $630.28 6% $35.68
6 Cubic Yards $691.87 $733.38 6% $41.51
8 Cubic Yards $762.48 $808.23 6% $45.75
6 Collections per Week
2 Cubic Yards $549.06 $582.00 6% $32.94
3 Cubic Yards $628.20 $665.89 6% $37.69
4 Cubic Yards $707.32 $749.76 6% $42.44
6 Cubic Yards $824.34 $873.80 6% $49.46
8 Cubic Yards $897.74 $951.60 6% $53.86
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Commercial Old Corrugated Cardboard (5Y) Current Rate FY 2024 Rate % Change $ Change
Twice per Month $15.78 $16.73 6% $0.95
1 Collection per Week $34.18 $36.23 6% $2.05
2 Collections per Week $68.36 $72.46 6% $4.10
3 Collections per Week $102.54 $108.69 6% $6.15
4 Collections per Week $136.72 $144.92 6% $8.20
5 Collections per Week $170.90 $181.15 6% $10.25
6 Collections per Week $205.08 $217.38 6% $12.30
Commercial Roll-Off Current Rate FY 2024 Rate % Change $ Change
Container Pull $250.00 $400.00 60% $150.00
Yard Waste Pull $135.00 $216.00 60% $81.00
Water Reclamation Facility Pull $170.00 $272.00 60% $102.00
Disposal per Ton Actual Cost Actual Cost Actual Change Actual Change
Sincerely,
Burns & McDonnell Engineering Company, Inc.
Scott Pasternak
Department Manager
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Memorandum
REPORT TO:City Commission
FROM:Alex Newby, Deputy City Clerk
Mike Maas, City Clerk
Jeff Mihelich, City Manager
SUBJECT:Appointment to the Library Board of Trustees
MEETING DATE:August 22, 2023
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:I move to appoint one member to the Library Board of Trustees for a term
ending June 30, 2028.
STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the
community in city government, innovating methods for inviting input from
the community and stakeholders.
BACKGROUND:The Library Board of Trustees currently has one vacancy due to a term
expiring on June 30, 2023. Two applications have been received.
The Library Board of Trustees is created under Section 22-1-308 of the
Montana Code Annotated and Section 2.05.350 of the Bozeman Municipal
Code. Under Section 2.05.350 of the B.M.C., the Board of Trustees of the
Public Library shall be composed of five persons and shall be appointed by
the Mayor, with the advice and consent of the Commission, and shall serve
without pay. The trustees shall hold their office for the term of five years,
and one trustee shall be appointed annually at the beginning of each fiscal
year (July 1) for the term of five years, and until his/her successor is
appointed and qualifies. Trustees shall serve no more than two full terms in
succession.
They shall have power to select librarians and other employees as they may
determine and fix the amount of any bond which they may require to be
given by the librarian and other employees. They shall have power to receive
books from all sources for the use and benefit of the library and to purchase
books therefore with any money available for that purpose and power to
prescribe all rules and regulations for the use of books and the preservation
of the same. The board shall keep a record of its transactions and shall make
a report to the City Commission at the close of each calendar year, covering
the business transacted by it during the year (Ordinance No. 1163, 1984;
Ordinance No. 1094 S 1, 1982; prior code S 2.08.200). No residency
requirements are contained in either the M.C.A. or the B.M.C. Under state
280
statutes, this Board is administrative.
This board currently has one vacancy. The City Clerk’s Office has received
one application with their relevant qualifications below.
1. One position with a term expiring June 30, 2028 | Qualifies: M. Redburn,
N. Miles
Applicant:
Michael Redburn
Nicole Miles
UNRESOLVED ISSUES:Deputy Mayor Terry Cunningham is the City Commission liaison for this
board.
Library Board of Trustees appointments are Mayoral appointments with
the advice and consent of the Commission.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:None.
Attachments:
Michael Redburn.pdf
Nicole Miles.pdf
Report compiled on: August 3, 2023
281
Submission #2496456
IP Address 71.15.210.23
Submission Recorded On 06/11/2023 3:38 PM
Time to Take Survey 40 minutes, 35 seconds
Page 1
WELCOME
Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance
in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Advisory
Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the
least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply.
CONTACT INFORMATION
The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please
notify the City Clerks' Office if your email address changes for any reason.
The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please
notify the City Clerks' Office if your email address changes for any reason.
Please note that your application will become public information. All required fields are marked with a red asterisk *.
STANDARDS OF CONDUCT
Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency
(Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323.
Applicant Information
*Full Name
Michael Redburn
*Residential Address
210 W Graf Street
Bozeman MT 59715
*Primary Phone
(406) 600-4677
*
Retired
*
Retired
*
mredburn26@gmail.com
Library Board of Trustees
Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.)
Yes
11 years or more
*Have you ever served on a City or County Board or Commission?
Yes
Bozeman Public Library Foundation Board, 4 or 5 years (unsure if this is considered a city board)
*
I have 43 years of experience as a public school teacher and administrator, and as a professor in Educational Leadership at MSU. Since retiring from MSU in 2018, I have
continued to seek avenues for community service. As a result of my professional and volunteer work, I have extensive experience working with/on boards including
superintendent of the Bozeman Schools, United Way Boards, Bozeman Library Foundation Board, and the THRIVE Board (chair of the governance committee).
*
As school administrator, I had full responsibility, legally and ethically, to maintain, develop and implement policies that promoted diversity, equity and inclusion, including my
own professional development in this area. These values were a cornerstone of all my work at MSU with aspiring principals and superintendents. On the THRIVE board I
worked to support their programs serving our diverse community as well as working to maintain and develop a diverse board of directors.
References
Current Occupation
Employer
Email
Which position are you applying for?
How long have you lived in the Bozeman Area?
Where, how long, and what Board?
Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board.
The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your
understanding of DEI.
282
Please provide name, phone, and email contact information for two references.
*Reference #1 Full Name
Alice Meister
*Phone
(406) 600-4516
*
alice@bridgeband.com
*Reference #2 Full Name
Janay Johnson
*Phone
(406) 579-2208
*
janay@bozemanlibraryfoundation.org
*
The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be
expected to take online and in person ethics training?
Yes
An email from Janay Johnson
As a long time supporter of our public/community institutions in general and public libraries specifically, I am most interested in the opportunity for service that a position on
the Library Board of Trustees would provide. Thanks for taking the time to review and consider my application.
If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406-582-3232 (TDD 406-582-2301).
Please note that for most Citizen Advisory Boards, materials are distributed electronically for each meeting.
Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which
are electronically archived and available to the public.
Email
Email
How did you hear about this board or vacancy?
Is there any other information that you feel we need to know?
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Submission #2495381
IP Address 174.45.101.100
Submission Recorded On 06/10/2023 3:06 PM
Time to Take Survey 58 minutes, 21 seconds
Page 1
WELCOME
Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance
in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Advisory
Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the
least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply.
CONTACT INFORMATION
The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please
notify the City Clerks' Office if your email address changes for any reason.
The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please
notify the City Clerks' Office if your email address changes for any reason.
Please note that your application will become public information. All required fields are marked with a red asterisk *.
STANDARDS OF CONDUCT
Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency
(Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323.
Applicant Information
*Full Name
Nicole Miles
*Residential Address
2284 Andalusian
Bozeman Montana 59718
*Primary Phone
(406) 570-3431
*
Chief of Staff
*
Dataminr
*
nicole.miles@gmail.com
Library Board of Trustees
Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.)
Yes
11 years or more
*Have you ever served on a City or County Board or Commission?
No
**SKIPPED**
*
I have spent over 20 years in leadership positions in technology companies, with a focus on operations roles and strengths in data analysis, process development, and leading
change. In my current role as Chief of Staff, I am heavily involved in long term strategy development and financial planning of the company. I am a lifelong lover of books, and
a patron of the Bozeman Public Library. I am passionate about accessibility to all forms of books, particularly for children.
*
At my current employer, we have a strong commitment to DEI. I have taken numerous in depth trainings over the past 5 years to help promote DEI - including unconscious
bias training and inclusive hiring practices. I'm a supporter and participator in several diverse employee resource groups at Dataminr. As an avid reader, I seek out diverse
voices and intentionally vary my reading to include underrepresented groups.
References
Current Occupation
Employer
Email
Which position are you applying for?
How long have you lived in the Bozeman Area?
Where, how long, and what Board?
Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board.
The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your
understanding of DEI.
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Please provide name, phone, and email contact information for two references.
*Reference #1 Full Name
Stewart Mohr
*Phone
(406) 551-3830
*
smohr1029@charter.net
*Reference #2 Full Name
Amy Nash
*Phone
(406) 570-6752
*
amy.n.nash@gmail.com
*
The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be
expected to take online and in person ethics training?
Yes
From Stewart Mohr, current chair of the board of trustees
Thank you so much for considering my application! I would love to give back to the Bozeman community by serving on this board.
If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406-582-3232 (TDD 406-582-2301).
Please note that for most Citizen Advisory Boards, materials are distributed electronically for each meeting.
Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which
are electronically archived and available to the public.
Email
Email
How did you hear about this board or vacancy?
Is there any other information that you feel we need to know?
285