HomeMy WebLinkAbout04-02-24 City Commission AgendaA. Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse
B. Pledge of Allegiance and a Moment of Silence
C. Changes to the Agenda
D. Public Service Announcements
D.1 The City of Bozeman's Public Comments email address is changing (Maas)
E. FYI
F. Commission Disclosures
G. Approval of Minutes
G.1 Approve the Regular Meeting Minutes from: 07-11-23 City Commission Meeting 07-25-23
City Commission Meeting 08-01-23 City Commission Meeting(Maas)
THE CITY COMMISSION OF BOZEMAN, MONTANA
REGULAR MEETING AGENDA
Tuesday, April 2, 2024
How to Participate:
If you are interested in commenting in writing on items on the agenda please send an email to
comments@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.
This meeting will be held both in-person and also using an online video conferencing system. You
can join this meeting:
Via Video Conference:
Click the Register link, enter the required information, and click submit.
Click Join Now to enter the meeting.
Via Phone: This is for listening only if you cannot watch the stream, channel 190, or attend in-
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H. Consent
H.1 Accounts Payable Claims Review and Approval (Armstrong)
H.2 Authorize the City Manager to Sign an Agreement with the Montana Department of
Transportation for E Valley Center, N 19th Ave, and Flanders Mill Bike Ped Path Construction
- Bozeman UPN 10453.(Ross)
H.3 Authorize the City Manager to sign the Notice of Award and contract documents for the
2024 Curb and Sidewalk Improvements Project to AV Construction, Inc.(Gamradt)
H.4 Authorize the City Manager to Sign a Notice of Award to Olympus Technical Services, Inc. for
construction of the 2024 Soil Vapor Extraction Extension Project(Flammond)
H.5 Authorize the City Manager to Sign an Agreement with the Montana Department of
Transportation for Huffine Lane, N 19th Ave, and Oak St Path Preservation II - Bozeman UPN
10450.(Ross)
H.6 Authorize the City Manager to Sign a Memorandum of Understanding Between Gallatin
County and City of Bozeman to Develop a Governance Structure for the Gallatin Abatement
Region for the Disbursement of Montana Opioid Abatement Trust Funds(Winn)
H.7 Authorize the City Manager to Sign a Percent for Art Agreement and Waiver of Proprietary
Rights with Matt Babcock for the Commissioning of "Lynx Caeruleum" Statue at Fire Station
2(Ziegler)
H.8 Authorize the Destruction of Municipal Records in Accordance with MCA, 7-5-4124 as
Authorized by the Local Records Committee per MCA 2-6-1202(Maas)
H.9 Authorize the City Manager to Sign a Professional Services Agreement with BYLA Landscape
Architects for the Cattail Creek Corridor Anchor Route and Park Master Plan(Jadin)
H.10 Authorize the City Manager to Sign a Professional Service Agreement with Anjali Nandi to
Provide Motivational Interviewing Training for the BRIDGERS DUI Treatment Court
Team(Boundy)
H.11 Authorize the City Manager to Sign Amendment No. 1 to the Professional Services
Agreement with Respec Company LLC for the Groundwater Investigation Services Phase 4
Project(Heaston)
I. Public Comment
Consider the Motion: I move to approve the combined City Commission minutes as submitted.
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.
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J. Action Items
J.1 Growth Policy Amendment Application, Nexus Point GPA to Revise the Future Land Use
Map from Urban Neighborhood to Community Commercial Mixed Use on Approximately
1.23 acres. The property is located between Arnold and Graf Streets, west of South 19th
Avenue, Application 23205(Rogers)
J.2 The Nexus Point Zone Map Amendment requesting Amendment of the City Zoning Map to
Change the Zoning from R-O (Residential Office District) to B-2M (Community Business
District-Mixed) on 1.23 Acres, Change the Zoning from R-O (Residential Office District) to R-4
(Residential High Density District) on 8.8 Acres, and change the Zoning from R-O (Residential
Office District) to PLI (Public Lands and Institutions) on 1.26 Acres, All Within the Nexus
Point Subdivision on Approximately 11.29 Acres. The Subject Site is Located West of South
19th Avenue, North and South of Arnold Street. Application 23204.(Cramblet)
K. Appointments
K.1 Appoint a City Commissioner to Serve on the Gallatin Valley Metropolitan Planning
Organization's Transportation Policy Coordinating Committee(Maas)
L. FYI / Discussion
M. Adjournment
Written comments can be located in the Public Comment Repository.
Consider the Motion: Having reviewed and considered the application materials, public comment,
Community Development Board recommendation, and all the information presented, I hereby adopt
the findings presented in the staff report and move to approve Application 23205, the Nexus Point
Growth Policy Amendment.
Consider the Motion: Having reviewed and considered the staff report, application materials, public
comment, recommendation of the Community Development Board, and all information presented, I
hereby adopt the findings presented in the staff report for application 23204 and move to approve the
Nexus Point Zone Map Amendment subject to contingencies required to complete the application
processing.
Consider the Motion: I move to appoint Douglas Fischer to the Transportation Policy Coordinating
Committee.
City Commission meetings are open to all members of the public. If you have a disability that
requires assistance, please contact our ADA Coordinator, Mike Gray, at 582-3232 (TDD 582-2301).
Commission meetings are televised live on cable channel 190 and streamed live on our Meeting
Videos Page.
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Memorandum
REPORT TO:City Commission
FROM:Alex Newby, Deputy City Clerk
Mike Maas, City Clerk
Chuck Winn, Acting City Manager
SUBJECT:The City of Bozeman's Public Comments email address is changing
MEETING DATE:April 2, 2024
AGENDA ITEM TYPE:Administration
RECOMMENDATION:No action necessary
STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver
information to the community and our partners.
BACKGROUND:
In an effort to increase efficiency and clarity for the public and City staff, our
agenda@bozeman.net email address is going away. We now have new
options depending on why you are reaching out to us:
For public comments, our new address will be
comments@bozeman.net;
For records requests or the status of a submitted request, our new
address will be information@bozeman.net;
For RFP/RFQ submissions, questions, or status requests of a
procurement, our new address will be procurement@bozeman.net;
To avoid having your email missed, please update your contact lists and use
these new emails now.
UNRESOLVED ISSUES:None
ALTERNATIVES:None
FISCAL EFFECTS:None
Report compiled on: March 25, 2024
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Memorandum
REPORT TO:City Commission
FROM:Alex Newby, Deputy City Clerk
Mike Maas, City Clerk
Chuck Winn, Assistant City Manager
SUBJECT:Approve the Regular Meeting Minutes from:
07-11-23 City Commission Meeting
07-25-23 City Commission Meeting
08-01-23 City Commission Meeting
MEETING DATE:April 2, 2024
AGENDA ITEM TYPE:Minutes
RECOMMENDATION:Consider the Motion: I move to approve the combined City Commission
minutes as submitted.
STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver
information to the community and our partners.
BACKGROUND:In 2013, The Clerks' Office identified goals related to the Commission’s
priority of Improving Technology Utilization and Proficiency. Improvements
included:
• Live streaming broadcast of the City Commission Meeting
• Meeting efficiency
• Better access of meeting information for staff and the public
• Time savings
• Streamlined approach to citizen involvement and public comment
In addition to the City Commission, many City Boards utilize the system as
well. Beginning January 5, 2021 meetings in the Granicus platform have been
closed captioned. Those captions are searchable using the advanced search
option on our video view page.
Users are always welcome to contact the City Clerks' Office at 406.582.2320
or email agenda@bozeman.net for assistance.
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UNRESOLVED ISSUES:None
ALTERNATIVES:As determined by the Commission.
FISCAL EFFECTS:None
Attachments:
07-11-23 City Commission Meeting Minutes.docx
07-25-23 City Commission Meeting Minutes.docx
08-01-23 City Commission Meeting Minutes.docx
Report compiled on: March 11, 2024
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Bozeman City Commission Meeting Minutes, July 11, 2023
Page 1 of 13
THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
July 11, 2023
Present:Cyndy Andrus, Terry Cunningham, Jennifer Madgic, Christopher Coburn
Absent:None
Excused:I-Ho Pomeroy
Staff Present at the Dais:City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, City Clerk
(CC) Mike Maas
A)00:03:12 Call to Order -6:00 PM -Commission Room, City Hall, 121 North Rouse
B)00:03:19 Pledge of Allegiance and a Moment of Silence
C)00:04:01 Changes to the Agenda
D)Authorize Absence
D.1 00:04:11 Authorize the Absence of Commissioner Pomeroy
00:04:12 Motion to authorize the absence of I-Ho Pomeroy.
Terry Cunningham: Motion
Christopher Coburn: 2nd
00:04:27 Vote on the Motion to authorize the absence of I-Ho Pomeroy.The Motion carried 4 -0.
Approve:
Cyndy Andrus
Terry Cunningham
Jennifer Madgic
Christopher Coburn
Disapprove:
None
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Bozeman City Commission Meeting Minutes, July 11, 2023
Page 2 of 13
E)00:04:41 FYI
CM Mihelich provided information related to the Dept. of Revenue appraisal notices and
informed the public of a meeting noon-4 p.m. at Gallatin County Courthouse an open house; a
flyer was made available in the room. He provided an update on expanded evening hours at
Bogert Pool and Sundays.
F)00:07:09 Commission Disclosures
DM Cunningham disclosed his relationship with Heart of the Valley that is subject to the City
budget.
Commissioner Coburn disclosed his relationship with Bridger Care and will recuse from any
funding vote for Bridger Care.
G)00:08:15 Consent
G.1 Accounts Payable Claims Review and Approval
G.2 Authorize the City Manager to Sign an Audit Services Standard Audit Contract Covering
Fiscal Years 2023, 2024, and 2025 and an Audit Engagement Letter for Fiscal Year 2023
Standard_Audit_Contract_City of Bozeman_Eide Bailly LLP.pdf
City of Bozeman 2023 Engagement Letter.pdf
G.3 Ratify the City Manager's Signature on the Fiscal Year 2024 Montana State University
(MSU) Fire Service Agreement
MSU - City of Bozeman Fire Dept Agreement FY 24.pdf
G.4 Authorize the City Manager to Sign a Professional Services Agreement (PSA) with
Locality Media, dba First Due for Fire Department Records Management Services
Bozeman Fire Dept MT -Software as a Service Agreement with First Due.pdf
Exhibit A First Due Agreement for Services PSA.pdf
Exhibit B Cloud Services Questionnaire - First Due Completed.pdf
G.5 Authorize the City Manager to Sign a Professional Services Agreement (PSA)with Center
for Public Safety Excellence (CPSE) for Technical Advisory Program (TAP) Services with
Fire & Emergency Services Self-Assessment
PSA with CPSE for technical assistance with self-assessment.pdf
Bozeman, MT - CPSE SAM with Site Study Proposal - 6.7.23.pdf
Bozeman, MT - CPSE SAM w. SS - Statement of Work - 6.7.23.pdf
G.6 Authorize the City Manager to Sign a Professional Services Agreement with Think 2
Perform
PSA - Think2Perform.pdf
G.7 Authorize the City Manager to Sign the Attached Task Order for Fiscal Year 2024
Remediation Systems Oversight at the Story Mill Landfill
BLF 2023-2024 Remediation Systems Oversight Task Order
G.8 Authorize the City Manager to Sign the Attached Task Order for Fiscal Year 2024
Groundwater and Perimeter Methane Monitoring at the Story Mill Landfill
2023-2024 Groundwater and Methane Monitoring Task Order
G.9 Authorize the City Manager to Sign a First Amendment to the Professional Services
Agreement with Design 5 Landscape Architecture to Continue Providing Design
Services for the Downtown Bozeman Alleyways Beautification Project
PSA Amendment_Alleyways Beautification Project.pdf
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Bozeman City Commission Meeting Minutes, July 11, 2023
Page 3 of 13
G.10 Authorize the City Manager to Sign a Second Amendment to the Professional Services
Agreement with Sanderson Stewart to provide Right of Way Acquisition Services on a
Term Contract Basis until July 2024
Second Amendment for ROW Acquisition_Sanderson Stewart 06 2023.docx
Second Amendment-Exhibit A.pdf
G.11 Authorize the City Manager to Sign Task Order 3, Under the Professional Services
Master Task Order Agreement with HDR Engineering Inc., Providing Engineering Services
to Update the East Gallatin River QUAL2K Water Quality Model and Report
Task Order 3 - All Combined.pdf
G.12 Authorize the City Manager to Sign Task Order 4, under the Professional Services Master
Task Order Agreement with HDR Engineering Inc., Providing Engineering Services for
MPDES Discharge Permit Renewal Assistance for the Water Reclamation Facility
Task Order No. 4- All Combined.pdf
G.13 Resolution 5434, Annexation of 0.54 Acres and Adjacent Right-of-way, the 2103 Bridger
Drive Annexation, Application 21147
2103 Bridger Drive ZMA-ANNEX-2022.07.07.pdf
21147 2103 Bridger Drive Annex Resolution 5434.pdf
G.14 Resolution 5507 to Establish Compliance with IRS Reimbursement Bond Regulations
Res. 5507 Reimbursement Resolution.docx
G.15 Ordinance 2121, Provisional Adoption of the 2103 Bridger Drive Zone Map Amendment
Initially Establishing an R-2, Residential Moderate Density District, Zone to 0.5 and the
Accompanying Adjacent Right-of way in Association with Annexation of the Same,
Resolution 5434, the 2103 Bridger Drive Annexation, Application 21147
2103 Bridger Drive ZMA-2022.07.07.pdf
21147 2103 Bridger Drive ZMA Ordinance 2121.pdf
G.16 Ordinance 2131, Final Adoption of The Short Term Rental Affirmative Obligations Text
Amendment, Application 23147
Ordinance 2131 STR Affirmative Obligations Final Adoption.pdf
G.17 Ordinance 2138, Final Adoption of the North 8th Zone Map Amendment Requesting
Amendment of the City Zoning Map to Change the Zoning on 0.4828 Acres from R-4
(High Density Residential District) to R-5 (Residential Mixed-Use High Density District),
Located on the Southwest Corner of North 8th Avenue and West Lamme Street,
Application 22366
22007974 X-ZMA-4.5.23.pdf
22366 North 8th Ordinance 2138.pdf
00:08:25 City Manager Introduction
CM Mihelich provided the highlights of the Consent Agenda.
00:08:33 Public Comment
00:09:00 Amy Albert commented in support of Ordinance 2131.
00:11:37 Motion to approve Consent Items 1 - 17 as submitted.
Christopher Coburn: Motion
Jennifer Madgic: 2nd
00:11:51 Discussion
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Bozeman City Commission Meeting Minutes, July 11, 2023
Page 4 of 13
00:13:05 Vote on the Motion to approve Consent Items 1 - 17 as submitted.The Motion carried 4 - 0.
Approve:
Cyndy Andrus
Terry Cunningham
Jennifer Madgic
Christopher Coburn
Disapprove:
None
H)00:13:11 Public Comment
Mayor Andrus opened general public comments.
00:14:01 John Meyer commented on a tax exception for people on a fixed income and a
moratorium on non-affordable housing due to water and police needs.
00:15:29 Don Kirby commented on short-term rentals.
00:18:48 Maddie Brown commented in favor of the Montana Conservation Corps grant request.
00:20:09 Corinne Selvie commented on short-term rentals.
00:21:55 Crystal Chvilicek commented in favor of the Family Promise grant request.
00:23:35 Robin Meyer commented in favor of the Family Promise grant request.
00:25:28 Elliott Brown commented in favor of the Family Promise grant request.
00:26:43 Corinne Selvie commented in opposition to Resolution 5495.
00:30:10 Chris Nixon commented on behalf of Sacagawea Audubon Society in support of the
Montana Conservation Corps grant request.
I)Mayoral Proclamation
I.1 00:32:27 Mayoral Proclamation Proclaiming Americans with Disabilities Act
Month
ADA Month.pdf
J)Special Presentation
J.1 00:35:47 Belonging in Bozeman Plan Quarterly Update
Associate Planner Nakeisha Lyon and Community Engagement Coordinator Dani Hess presented
the quarterly update. They presented the scope and purpose of the Diversity, Equity, and
Inclusion (DEI) Plan, recent efforts, Community Liaison progress, historical narrative workshop,
vision statements, community chats, an updated timeline, and what is next.
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Bozeman City Commission Meeting Minutes, July 11, 2023
Page 5 of 13
K)00:48:45 Action Items
K.1 00:48:48 Resolution 5495 To Increase Permit Fees in the University Residential
Parking Permit District and the Bozeman High School Residential Parking Permit District
Resolution 5495 MSU and BHS Residential Permit Fees.docx
CC Memo--Permit Rates for RPPD and BHS Permit Districts FY24.doc
RPPD and BHS FY23 Budget.pdf
00:49:12 Staff Presentation
Parking Program Manager, Mike Veselik, presented the district locations and history, recent
history of the districts, the current budget, what has happened so far, and staff
recommendation.
00:58:25 Questions of Staff
01:06:50 Public Comment
01:07:09 Sam Mitchell commented on parking operations and Resolution 5495.
01:09:38 Richard Sherron commented in opposition to Resolution 5495.
01:12:54 Beth Antonopulos commented on a revenue neutral program.
01:16:14 Ed Stafman, Representative of House District 62, commented on enforcement in the
district and opposition to Resolution 5495.
01:19:27 Clarification of Staff
01:22:30 Motion to approve I move to approve Resolution 5495 to Increase Permit Fees in the University
Residential Parking Permit District and the Bozeman High School Residential Parking Permit District.
Jennifer Madgic: Motion
Terry Cunningham: 2nd
01:22:51 Discussion
01:33:25 Vote on the Motion to approve I move to approve Resolution 5495 to Increase Permit Fees in the
University Residential Parking Permit District and the Bozeman High School Residential Parking Permit
District.The Motion carried 4 - 0.
Approve:
Cyndy Andrus
Terry Cunningham
Jennifer Madgic
Christopher Coburn
Disapprove:
None
01:33:44 Mayor Andrus called the meeting into recess.
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Bozeman City Commission Meeting Minutes, July 11, 2023
Page 6 of 13
01:42:21 Mayor Andrus called the meeting back into order.
K.2 01:42:30 Resolution 5486 Adopting Fiscal Year (FY) 2023-24 Budget
Resolution 5486 Adopting Fiscal Year (FY) 2023-24 Budget.docx
01:42:49 Staff Presentation*
Finance Director, Melissa Hodnett, presented the budget calendar, a quick financial summary,
the FY24 budget highlights, the total outside entity funding requests, and the household impact.
CM Mihelich completed the presentation.
01:47:02 Questions of Staff
01:47:27 Public Comment
01:47:33 Sunshine Ross commented on the partnership between the City and HRDC Streamline
and support for their grant request.
01:49:45 Brian Guyer commented in support of HRDC's Homeless Services grant request.
01:51:40 Clarification of Staff
01:54:43 Motion to approve I move to approve Resolution 5486 adopting the City's Fiscal Year 2024
Budget
Terry Cunningham: Motion
Christopher Coburn: 2nd
01:54:56 Discussion
01:55:10 Motion to amend the budget to add an additional $50,000 for a Feasibility Study for a
perimeter loop trail.
Terry Cunningham: Motion
Christopher Coburn: 2nd
01:55:48 Discussion on the Amendment
01:59:26 Vote on the Motion to amend the budget to add an additional $50,000 for a Feasibility Study for
a perimeter loop trail.The Motion carried 4 - 0.
Approve:
Cyndy Andrus
Terry Cunningham
Jennifer Madgic
Christopher Coburn
Disapprove:
None
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Bozeman City Commission Meeting Minutes, July 11, 2023
Page 7 of 13
01:59:45 Motion to amend the budget to add additional $50,000 for the mobile crisis response service
Christopher Coburn: Motion
Jennifer Madgic: 2nd
02:00:10 Discussion on the Amendment
02:02:00 Vote on the Motion to amend the budget to add additional $50,000 for the mobile crisis response
service The Motion carried 4 - 0.
Approve:
Cyndy Andrus
Terry Cunningham
Jennifer Madgic
Christopher Coburn
Disapprove:
None
02:04:55 Motion to amend add $8,000 to purchase a program to analyze the economic impact of arts
and culture
Terry Cunningham: Motion
Christopher Coburn: 2nd
02:05:11 Discussion on the Amendment
02:06:07 Vote on the Motion to amend add $8,000 to purchase a program to analyze the economic impact
of arts and culture The Motion carried 4 - 0.
Approve:
Cyndy Andrus
Terry Cunningham
Jennifer Madgic
Christopher Coburn
Disapprove:
None
02:06:17 Motion to amend add an additional $15,000 from the Tree Maintenance District for the Branch
Out Bozeman program.
Terry Cunningham: Motion
Christopher Coburn: 2nd
02:06:32 Discussion on the Amendment
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Bozeman City Commission Meeting Minutes, July 11, 2023
Page 8 of 13
02:08:47 Vote on the Motion to amend add an additional $15,000 from the Tree Maintenance District for
the Branch Out Bozeman program.The Motion carried 4 - 0.
Approve:
Cyndy Andrus
Terry Cunningham
Jennifer Madgic
Christopher Coburn
Disapprove:
None
02:08:56 Motion to amend the budget to increase the Historic Preservation budget within the
Community Development/Planning fund to $50,000.
Christopher Coburn: Motion
Jennifer Madgic: 2nd
02:09:20 Discussion on the Amendment
02:15:13 Vote on the Motion to amend the budget to increase the Historic Preservation budget within the
Community Development/Planning fund to $50,000.The Motion carried 4 - 0.
Approve:
Cyndy Andrus
Terry Cunningham
Jennifer Madgic
Christopher Coburn
Disapprove:
None
02:15:31 Motion to amend create a line item of $10,000 in the City Manager budget for advisory boards.
Christopher Coburn: Motion
Jennifer Madgic: 2nd
02:15:56 Discussion on the Amendment
02:19:26 Vote on the Motion to amend create a line item of $10,000 in the City Manager budget for
advisory boards.The Motion carried 4 - 0.
Approve:
Cyndy Andrus
Terry Cunningham
Jennifer Madgic
Christopher Coburn
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Bozeman City Commission Meeting Minutes, July 11, 2023
Page 9 of 13
Disapprove:
None
02:20:07 Discussion on the Social Services Grants
02:21:20 Motion to amend the budget by reducing the amount awarded to Big Sky Youth Empowerment
from $25,000 to $15,000
Christopher Coburn: Motion
Terry Cunningham: 2nd
02:21:48 Discussion on the Amendment
02:27:00 Vote on the Motion to amend the budget by reducing the amount awarded to Big Sky Youth
Empowerment from $25,000 to $15,000 The Motion carried 4 - 0.
Approve:
Cyndy Andrus
Terry Cunningham
Jennifer Madgic
Christopher Coburn
Disapprove:
None
02:27:21 Motion to amend to increase funding for Montana Immigrant Justice Alliance by $10,000.
Christopher Coburn: Motion
Jennifer Madgic: 2nd
02:27:50 Discussion
02:29:22 Vote on the Motion to amend to increase funding for Montana Immigrant Justice Alliance by
$10,000.The Motion carried 4 - 0.
Approve:
Cyndy Andrus
Terry Cunningham
Jennifer Madgic
Christopher Coburn
Disapprove:
None
02:29:46 Motion to amend the budget to reduce the World Language Institute funding request by
$10,000.
Christopher Coburn: Motion
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Bozeman City Commission Meeting Minutes, July 11, 2023
Page 10 of 13
Jennifer Madgic: 2nd
02:30:12 Discussion on the Amendment
02:31:22 Vote on the Motion to amend the budget to reduce the World Language Institute funding request
by $10,000.The Motion carried 4 - 0.
Approve:
Cyndy Andrus
Terry Cunningham
Jennifer Madgic
Christopher Coburn
Disapprove:
None
02:31:33 Motion to amend add a grantee, the Compassion Project, for $10,000
Christopher Coburn: Motion
Jennifer Madgic: 2nd
02:31:58 Discussion
02:33:59 Vote on the Motion to amend add a grantee, the Compassion Project, for $10,000 The Motion
carried 4 - 0.
Approve:
Cyndy Andrus
Terry Cunningham
Jennifer Madgic
Christopher Coburn
Disapprove:
None
02:34:19 Motion to amend reduce the funding for Suffer Out Loud by $15,000.
Christopher Coburn: Motion
Jennifer Madgic: 2nd
02:34:37 Discussion on the Amendment
02:36:58 Vote on the Motion to amend reduce the funding for Suffer Out Loud by $15,000.The Motion
carried 4 - 0.
Approve:
Cyndy Andrus
Terry Cunningham
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Bozeman City Commission Meeting Minutes, July 11, 2023
Page 11 of 13
Jennifer Madgic
Christopher Coburn
Disapprove:
None
02:37:10 Motion to amend to add Roots Family Collective at $15,000 funding.
Christopher Coburn: Motion
Terry Cunningham: 2nd
02:37:35 Discussion on the Amendment
02:41:43 Vote on the Motion to amend to add Roots Family Collective at $15,000 funding.The Motion
carried 4 - 0.
Approve:
Cyndy Andrus
Terry Cunningham
Jennifer Madgic
Christopher Coburn
Disapprove:
None
02:42:02 Motion to amend to reduce the funding for One Valley Community Foundation by $10,000.
Christopher Coburn: Motion
Jennifer Madgic: 2nd
02:42:20 Discussion on the Amendment
02:44:43 Vote on the Motion to amend to reduce the funding for One Valley Community Foundation by
$10,000.The Motion carried 4 - 0.
Approve:
Cyndy Andrus
Terry Cunningham
Jennifer Madgic
Christopher Coburn
Disapprove:
None
02:44:54 Motion to amend to add Montana Conservation Corps at a $10,000 funding amount for Kirk
Hill.
Christopher Coburn: Motion
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Bozeman City Commission Meeting Minutes, July 11, 2023
Page 12 of 13
Jennifer Madgic: 2nd
02:45:15 Discussion on the Amendment
02:50:10 Vote on the Motion to amend to add Montana Conservation Corps at a $10,000 funding amount
for Kirk Hill.The Motion carried 3 - 1.
Approve:
Terry Cunningham
Jennifer Madgic
Christopher Coburn
Disapprove:
Cyndy Andrus
02:50:21 Clarification of City Attorney
02:51:51 Discussion on Family Promise funding request.
02:56:30 Discussion on Amendments Impact
02:57:41 Discussion on the Main Motion
03:16:08 Vote on the Motion to approve I move to approve Resolution 5486 adopting the City's Fiscal Year
2024 Budget The Motion carried 4 - 0.
Approve:
Cyndy Andrus
Terry Cunningham
Jennifer Madgic
Christopher Coburn
Disapprove:
None
L)03:16:22 FYI / Discussion
DM Cunningham responded to public comments.
Mayor Andrus responded to public comments.
M)03:18:25 Adjournment
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Bozeman City Commission Meeting Minutes, July 11, 2023
Page 13 of 13
___________________________________
Terry Cunningham
Mayor
ATTEST:
___________________________________
Mike Maas
City Clerk
PREPARED BY:
___________________________________
Alex Newby
Deputy City Clerk
Approved on: April 2, 2024
19
Bozeman City Commission Meeting Minutes, July 25, 2023
Page 1 of 9
THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
July 25, 2023
Present:Cyndy Andrus, Terry Cunningham, Jennifer Madgic, Christopher Coburn
Absent:None
Excused:I-Ho Pomeroy
Staff Present at the Dias:Jeff Mihelich, City Manager (CM), Greg Sullivan, City Attorney (CA),
Mike Maas, City Clerk (CC), Alex Newby Deputy City Clerk (DCC)
A)00:07:08 Call to Order -6:00 PM -Commission Room, City Hall, 121 North Rouse
B)00:08:10 Pledge of Allegiance and a Moment of Silence
C)00:08:58 Changes to the Agenda
D)Authorize the Absence of Commissioner Pomeroy
D.1 00:09:04 Authorize the Absence of Commissioner Pomeroy
00:09:04 Motion to approve Authorize the Absence of Commissioner Pomeroy
Terry Cunningham: Motion
Christopher Coburn: 2nd
00:09:25 Vote on the Motion to approve Authorize the Absence of Commissioner Pomeroy The
Motion carried 4 -0.
20
Bozeman City Commission Meeting Minutes, July 25, 2023
Page 2 of 9
Approve:
Cyndy Andrus
Terry Cunningham
Jennifer Madgic
Christopher Coburn
Disapprove:
None
E)00:09:40 FYI
CM Mihelich Provided an update on the Sensitive Lands Project.
CM Mihelich announced the appointment of City Engineer Brian Heaston to the State
Comprehensive Water Review Stakeholder Water Working Group, 1 of 12 appointees
across the state.
00:11:00 Commission Disclosures
There were no Commission Disclosures.
F)00:11:09 Approval of Minutes
F.1 Approve the Regular Meeting Minutes from:
February 7, 2023
February 14, 2023
02-07-23 City Commission Meeting Minutes.pdf
02-14-23 City Commission Meeting Minutes.pdf
00:11:30 Motion to approve I move to approve the combined City Commission minutes as
submitted.
Christopher Coburn: Motion
Jennifer Madgic: 2nd
00:11:41 Vote on the Motion to approve I move to approve the combined City Commission
minutes as submitted.The Motion carried 4 - 0.
Approve:
Cyndy Andrus
Terry Cunningham
Jennifer Madgic
21
Bozeman City Commission Meeting Minutes, July 25, 2023
Page 3 of 9
Christopher Coburn
Disapprove:
None
G)00:11:53 Consent
G.1 Accounts Payable Claims Review and Approval
G.2 Authorize the City Manager to sign a Short Form Construction Agreement with
Altitude Contracting LLC for Rouse Lot Entrance Widening.
Appendix A Scope of Work - City of Bozeman Parking Lot Entrance Widening
(1).pdf
Short Form Construction Agreement with Altitude Contracting LLC for Rouse
Parking Lot Widening Project.docx
G.3 Authorize City Manager to sign the Professional Services Agreement with DOWL,
LLC for the Riverside Lift Station and Force Main Project.
Riverside Lift Station and Force Main Professional Services Agreement.pdf
Riverside Annexation Resolution.pdf
G.4 Authorize the City Manager to sign a Professional Services Agreement (PSA) with
Richard Brown for Fred Willson Multiple Property Documentation Historical
Research Services
RBrown_PSA_Signed.pdf
G.5 Authorize the City Manager to sign amendment No. 1 to the professional
services agreement for the Field Survey Term Contract with Sanderson Stewart,
to facilitate design of upcoming capital improvements projects
22- Professional Services Agreement - Sanderson Stewart - Capital Improvements
Project Field Study.pdf
PSA Amendment No 1 (002)-FULL AGREEMENT.pdf
G.6 Authorize the City Manager to Sign a Task Order Seven with Baker Tilly for
Housing and Economic Development Project Cash Flow Analysis on Bozeman
Wallace Works in the Northeast Urban Renewal District
23- Task Order 7- Baker Tilly - Wallace Works District Cash Flow Analysis.pdf
00:12:08 City Manager introduction
CM Mihelich presented Consent Highlights.
00:12:41 Public Comment on Consent
There were no Public Comments on Consent
22
Bozeman City Commission Meeting Minutes, July 25, 2023
Page 4 of 9
00:13:15 Motion to approve Consent Items G.1 - G.6.
Jennifer Madgic: Motion
Terry Cunningham: 2nd
00:13:25 Vote on the Motion to approve Consent Items G.1 - G.6.The Motion carried 4 - 0.
Approve:
Cyndy Andrus
Terry Cunningham
Jennifer Madgic
Christopher Coburn
Disapprove:
None
H)00:13:54 Public Comment
00:14:58 Terry Quatraro commented in opposition to single use plastic.
00:17:33 Dr. Meagan Wolf, Policy Director of Beyond Plastics commented on plastic and
human health.
I)00:21:36 Special Presentation
I.1 Overview of Senate Bill 382 and Overview of Unified Development Code Public
Review Process in Fall 2023.
SB382 City Commission summary July 25, 2023.pdf
SB0382 - Montana Land Use Planning Act.pdf
July 25, 2023 List of Meetings.pdf
July 2023 utility bill stuffer.pdf
00:21:55 Staff Presentation
Chris Saunders, Community Development Program Manager gave an overview of Senate Bill
382, State Enabling Legislation, Montana Land Use Planning Act, Existing Enabling Laws,
Changes from Current Practice, Unified Development Code Replacement, Project Website,
Overall Timeline, Unified Development Code, UDC Engagement, Introduction and Overview of
Draft Document and Map, Community Development Board hearing schedule, Page Layout and
Graphics, Use Reformatting, District and Standard Changes, New Zoning Map, Project Website.
23
Bozeman City Commission Meeting Minutes, July 25, 2023
Page 5 of 9
00:37:55 Questions of Staff
J)00:38:50 Action Items
J.1 00:38:58 Resolution 5495 To Increase Permit Fees in the University
Residential Parking Permit District and the Bozeman High School Residential
Parking Permit District
Resolution 5495 MSU and BHS Residential Permit Fees.docx
CC Memo--Permit Rates for RPPD and BHS Permit Districts FY24.doc
RPPD and BHS FY23 Budget.pdf
00:39:04 Staff Presentation
Mike Veselik, Parking Program Manager presented the Suggested Motion Language for
Resolution 5495, Montana State University Residential Parking District Permit and Bozeman
High School Residential Parking District Permit maps, Current Budget for the Residential Parking
Permit Districts, What has happened so far, Staff Recommendation,
00:44:55 Questions of Staff
00:57:32 Public Comment
00:57:41 Richard Sharon commented in opposition to City Parking Policy.
01:01:19 Motion to approve I move to approve Resolution 5495 To Increase Permit Fees in the
University Residential Parking Permit District and the Bozeman High School Residential Parking
Permit District.
Terry Cunningham: Motion
Christopher Coburn: 2nd
01:01:28 Discussion
01:10:47 Vote on the Motion to approve I move to approve Resolution 5495 To Increase Permit
Fees in the University Residential Parking Permit District and the Bozeman High School Residential
Parking Permit District.The Motion carried 4 - 0.
Approve:
Cyndy Andrus
Terry Cunningham
24
Bozeman City Commission Meeting Minutes, July 25, 2023
Page 6 of 9
Jennifer Madgic
Christopher Coburn
Disapprove:
None
J.2 01:11:05 Ordinance 2142, Provisional Adoption Revising Speed Limits on
City-controlled Routes
Ord. 2142.pdf
01:11:52 Staff Presentation
Nick Ross, Transportation and Engineering Director presented Suggested Motion, Why is
Vehicle Speed Important, Safe Speeds for Bozeman, Methods of Setting Speed Limits, Staff
Analysis, Authority to Set Speed Limits, Proposed Revisions to Article 7, Transportation Board
Resolution.
01:34:59 Questions of Staff
01:55:23 Public Comment
01:55:25 Cordell Poole commented in support of Ordinance 2142.
01:57:07 Motion to approve Having reviewed and considered the ordinance, public comment,
recommendation from the Transportation Advisory Board and staff presentation, I hereby
move to provisionally adopt Ordinance 2142, Revising Speed Limits on City-controlled Routes.
Christopher Coburn: Motion
Jennifer Madgic: 2nd
01:57:54 Motion to amend the Ordinance to have School and Park Zones in place 24 hours a
day.
Christopher Coburn: Motion
Jennifer Madgic: 2nd
Discussion
02:03:04 Vote on the Motion to amend the Ordinance to have School and Park Zones in place 24
hours a day.The Motion carried 4 - 0.
25
Bozeman City Commission Meeting Minutes, July 25, 2023
Page 7 of 9
Approve:
Cyndy Andrus
Terry Cunningham
Jennifer Madgic
Christopher Coburn
Disapprove:
None
02:03:15 Discussion
02:12:35 Vote on the Motion to approve Having reviewed and considered the ordinance, public
comment, recommendation from the Transportation Advisory Board and staff presentation, I
hereby move to provisionally adopt Ordinance 2142, Revising Speed Limits on City-controlled
Routes.The Motion carried 4 - 0.
Approve:
Cyndy Andrus
Terry Cunningham
Jennifer Madgic
Christopher Coburn
Disapprove:
None
02:12:50 Mayor Andrus called the meeting into recess
02:19:05 Mayor Andrus called the meeting back into order
K)Work Session
K.1 02:19:08 Wetland Protection Mitigation Work Session
02:20:09 Staff Presentation
Shawn Kohtz, City Engineer, shared Workshop Goals, Related Strategic Planning *, Questions,
Wetlands Requirements Overview, Army Corps of Engineers (USACE) Requirements, Local UDC
Requirements, Supreme Court Sackett Decision, EPA/USACE Rulemaking, Local Wetland Bank
Progress, USACE Coordination, Guidance to Staff, Unresolved issues,
26
Bozeman City Commission Meeting Minutes, July 25, 2023
Page 8 of 9
02:32:50 Questions of Staff
03:16:46 Public Comments
03:17:27 Lorene Reid commented in support of wetland banking in the Gallatin River
watershed.
03:20:50 Karen Filipovich from Gallatin Water Collaborative commented on UBC code and
mitigation.
03:23:00 Mary Wictor commented on the history of the Clean Water Act and wetlands
mitigation.
03:25:18 Chris Nixon President of Sacajawea Audubon Society commented on wetland
bank.
03:27:52 Discussion on Questions
03:46:04 City Manager Summary
L)03:49:04 FYI / Discussion
M)03:49:16 Adjournment
City Commission meetings are open to all members of the public. If you have a disability that
requires assistance, please contact our ADA Coordinator, Mike Gray, at 582-3232 (TDD 582-
2301).Commission meetings are televised live on cable channel 190 and streamed live at
www.bozeman.net.
___________________________________
Terry Cunningham
Mayor
ATTEST:
27
Bozeman City Commission Meeting Minutes, July 25, 2023
Page 9 of 9
___________________________________
Mike Maas
City Clerk
PREPARED BY:
___________________________________
Alex Newby
Deputy City Clerk
Approved on: April 2, 2024
28
Bozeman City Commission Meeting Minutes, August 1, 2023
Page 1 of 7
THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
August 1, 2023
Present:Cyndy Andrus, Terry Cunningham, Jennifer Madgic, Christopher Coburn
Absent:None
Excused:I-Ho Pomeroy
Staff present at the Dias:City Manager (CM) Mihelich, City Attorney (CA) Sullivan, City Clerk (CC) Mass,
Deputy City Clerk (DCC) Newby
A)00:10:47 Call to Order -6:00 PM -Commission Room, City Hall, 121 North Rouse
B)00:11:49 Pledge of Allegiance and a Moment of Silence
C)00:12:28 Changes to the Agenda
CM Mihelich noted the removal of item H. 3 from Consent
D)00:12:42 Authorize Absence
D.1 00:12:47 Authorize the Absence of Commissioner Pomeroy
00:12:47 Motion to approve Authorize the Absence of Commissioner Pomeroy
Terry Cunningham: Motion
Jennifer Madgic: 2nd
00:12:53 Vote on the Motion to approve Authorize the Absence of Commissioner Pomeroy The Motion
carried 4 -0.
Approve:
Cyndy Andrus
Terry Cunningham
Jennifer Madgic
Christopher Coburn
29
Bozeman City Commission Meeting Minutes, August 1, 2023
Page 2 of 7
Disapprove:
None
E)00:13:03 FYI
CM Mihelich shared opportunity for community chats for LGBTQ+ community in Bozeman.
F)00:14:20 Commission Disclosures
There were no disclosures
G)00:14:24 Approval of Minutes
G.1 Approve the Regular Meeting Minutes from:
February 28, 2023
July 18, 2023
02-28-23 City Commission Meeting Minutes.pdf
07-18-23 City Commission Meeting Minutes.pdf
00:14:28 Motion to approve I move to approve the combined City Commission minutes as submitted.
Jennifer Madgic: Motion
Christopher Coburn: 2nd
00:14:44 Vote on the Motion to approve I move to approve the combined City Commission minutes as
submitted.The Motion carried 4 - 0.
Approve:
Cyndy Andrus
Terry Cunningham
Jennifer Madgic
Christopher Coburn
Disapprove:
None
H)00:14:53 Consent
H.1 Accounts Payable Claims Review and Approval
H.2 Authorize the City Manager to Sign a Renewal with DocuSign for Electronic Signature
Software
City of Bozeman - Renewal (2023-08-01)__DocuSign Order Form FX2_2023-07-25.pdf
H.3 Authorize the City Manager to sign an Amended and Restated First Amendment to
Declaration of Covenants, Conditions, and Restrictions of PT Land Subdivision
Redline - Second Amendment to Declaration of CCRs-22446751-v8 and Amended and
Restated First Amendment to Declaration of CCRs-22446751-v11.pdf
Amended and Restated First Amendment to Declaration of CCRs.pdf
H.4 Authorize the City Manager to sign a First Amendment to the Professional Services
Agreement with Walker Consultants for a Term Contract for Parking Services Consulting
30
Bozeman City Commission Meeting Minutes, August 1, 2023
Page 3 of 7
Exhibit B--Updated Hourly Rates for Walker Consultants Staff.pdf
First Amendment to Professional Services Agreement with Walker Consultants for a Term
Contract for Parking Services Consulting.docx
H.5 Authorize the City Manager to sign Task Order #5 with Walker Consultants for the City
of Bozeman Strategic Parking Management Plan
Task Order #5 City of Bozeman Strategic Parking Plan Proposal.pdf
H.6 Ordinance 2121, Final Adoption, 2103 Bridger Drive Zone Map Amendment Initially
Establishing an R-2, Residential Moderate Density District, and the Accompanying
Adjacent Right-of way on 0.54 acres in Association with Annexation of the Same,
Resolution 5434, the 2103 Bridger Drive Annexation, Application 21147
2103 Bridger Drive ZMA-2022.07.07.pdf
21147 2103 Bridger Drive ZMA Ordinance 2121.pdf
H.7 Ordinance 2144 Final Adoption Repealing 2.05.1810 Bozeman Municipal Code (North
Park Urban Renewal Board); Repealing 2.05.1830 Bozeman Municipal Code (Bozeman
Midtown Urban Renewal Board); Repealing 2.05.1840 Bozeman Municipal Code
(Northeast Urban Renewal Board); Repealing 2.05.1850 Bozeman Municipal Code
(South Bozeman Technology District Board); and Repealing Sec. 2.05.1860 Bozeman
Municipal Code (Pole Yard Urban Renewal Board)
Ord. 2144 Urb. Renewal Board Repeal.pdf
H.8 Ordinance 2145, Final Adoption Amending an Urban Renewal Plan for the Bozeman,
Midtown Urban Renewal District
MURD_BCP_Conformance_Staff_Memo_062123.docx
230711 Murb Plan Ord_final.pdf
Midtown Urban Renewal District Plan AMENDED FINAL.pdf
H.9 Ordinance 2146, Final Adoption Amending an Urban Renewal Plan for Portions of
Northeast Bozeman
NURD_BCP_Conformance_Staff_Memo__062223.docx
230711 NURB Plan Ord_final.pdf
NE District Plan NURB FINAL.pdf
CM Mihelich presented the Consent Agenda highlights.
00:16:00 Mayor Andrus opened Public Comment on Consent
There was no Public Comment on Consent
00:16:33 Motion to approve I move to accept Consent items 1-2 and 4-9 as submitted.
Christopher Coburn: Motion
Terry Cunningham: 2nd
00:16:42 Vote on the Motion to approve I move to accept Consent items 1-2 and 4-9 as submitted.The
Motion carried 4 - 0.
Approve:
Cyndy Andrus
Terry Cunningham
Jennifer Madgic
31
Bozeman City Commission Meeting Minutes, August 1, 2023
Page 4 of 7
Christopher Coburn
Disapprove:
None
I)00:16:55 Consent II: Items Acted Upon Without Prior Unanimous Approval
I.1 Ordinance 2132, Final Adoption of Alcoholic Beverages and Sales Text Amendment,
Application 23064
Attachment 1 - Ordinance 2132.pdf
00:17:00 Motion to approve Consent II, Item I.1.
Terry Cunningham: Motion
Jennifer Madgic: 2nd
00:17:13 Vote on the Motion to approve Consent II, Item I.1.The Motion carried 3 - 1.
Approve:
Cyndy Andrus
Terry Cunningham
Jennifer Madgic
Disapprove:
Christopher Coburn
J)00:17:25 Public Comment
There was no Public Comment
K)00:18:27 Action Items
K.1 02:00:24 The South Range Crossing Major Subdivision Preliminary Plat,
Application 22390 (Quasi-Judicial)
22390 South Range Crossing PP CC Draft Staff Report.pdf
02:01:11 Staff Presentation
Associate Planner Susana Montana presented the plat, 5-Phase Development Build Out, Land Use
Graphic, Pedestrian Circulation Network, Parkland Phasing, Growth Policies Addressed by Application,
Recommendation
02:11:42 Questions of Staff
02:26:15 Applicant Presentation
Parker Lange with Providence Development and Tyler Steinwey with Intrinsik Architecture presented
Vicinity Map, Future Land Use Map, Existing Zoning, Site Analysis, Green Plan, Park and Amenities,
Housing Typologies, Conceptual Renderings, Bozeman Community Plan Goals and Objectives -
Highlights, Approximate Timeline.
02:35:56 Questions of Applicant
32
Bozeman City Commission Meeting Minutes, August 1, 2023
Page 5 of 7
02:47:57 Public Comment
Mayor Andrus opened Public Comment
02:48:30 Andrew Webster commented on traffic control on site.
02:50:30 Motion to approve Having reviewed and considered the application materials, public comment,
staff report, Planning Board recommendation, and all 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.
Terry Cunningham: Motion
Jennifer Madgic: 2nd
02:50:57 Discussion
03:02:51 Vote on the Motion to approve Having reviewed and considered the application materials, public
comment, staff report, Planning Board recommendation, and all 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.
The Motion carried 4 - 0.
Approve:
Cyndy Andrus
Terry Cunningham
Jennifer Madgic
Christopher Coburn
Disapprove:
None
K.2 00:29:48 Ordinance 2143 Provisional Adoption, Amending Chapter 10 Buildings
and Building Regulations, Article 2 Technical Codes, Section 20 Building Division Fees
and Permits
Resolution 5287 Adopting Building Inspection Fees April 2021.pdf
Ord 2143 Revise 10.02.020 Building Fees_07212023.pdf
00:18:52 Staff Presentation
Community Development Director Anna Bentley, Presented on Ordinance 2143, including Background,
Summary of Ordinance 2143, Next Steps, Recommended Motion.
00:22:41 Questions of Staff
00:29:14 Public Comment
There was no Public Comment on Action Item K.2
00:29:30 Motion to approve Having reviewed and considered the draft ordinance, public comment, and
all information presented I hereby adopt the findings presented and move to provisionally adopt
Ordinance 2143 amending provisions for building fees.
33
Bozeman City Commission Meeting Minutes, August 1, 2023
Page 6 of 7
Jennifer Madgic: Motion
Christopher Coburn: 2nd
00:29:53 Discussion
00:32:19 Vote on the Motion to approve Having reviewed and considered the draft ordinance, public
comment, and all information presented I hereby adopt the findings presented and move to provisionally
adopt Ordinance 2143 amending provisions for building fees.The Motion carried 4 - 0.
Approve:
Cyndy Andrus
Terry Cunningham
Jennifer Madgic
Christopher Coburn
Disapprove:
None
L)00:32:45 Work Session
L.1 00:32:44 Gallatin Valley Sensitive Lands Protection Plan Model Results and
Preliminary Tools Work Session
Data Modeling Methods by Theme.pdf
Preliminary Tool List.pdf
00:33:21 Staff Presentation
Strategic Services Director, Jon Henderson, presented the Gallatin Valley Sensitive Lands Protection
Plan, including Land Acknowledgement, Guiding Questions, Project Goals, Project Schedule, Who We
Are Hearing From, What We Have Heard, Working Group Partnerships, Graphic of Gallatin Valley
Sensitive Lands Study Area, Existing Protected Areas and Study Focus Area Graphics, Planning Process,
Model Approach, Modal Themes, GVSL Model Results, GVSL Model Themes and Inputs, Development
Constraints, Development Threats and Pressures Overlays, Interactive Map, Sensitive Lands Protection
Tools Overview, Preliminary Protection Tools, Protection Tool Recommendation Example, Next Steps,
Guiding Questions.
01:08:16 Questions of Staff
01:44:40 Public Comment
There was no Public Comment on the Work Session.
01:45:25 Discussion
CM Mihelich gave summary of work session
M)03:04:24 FYI / Discussion
CM Mihelich noted that City Staff are still working on amendments to our Landscape Code
regarding Water Conservation Design.
N)03:04:49 Adjournment
34
Bozeman City Commission Meeting Minutes, August 1, 2023
Page 7 of 7
___________________________________
Terry Cunningham
Mayor
ATTEST:
___________________________________
Mike Maas
City Clerk
PREPARED BY:
___________________________________
Alex Newby
Deputy City Clerk
Approved on April 2, 2024
35
Memorandum
REPORT TO:City Commission
FROM:Nadine Waters, Accounts Payable Clerk
Nicole Armstrong, Accounts Payable Clerk
Rhonda Edwards, Accounts Payable Clerk
Aaron Funk, City Controller
Melissa Hodnett, Finance Director
SUBJECT:Accounts Payable Claims Review and Approval
MEETING DATE:April 2, 2024
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. Please provide approval for
checks dated April 3rd, 2024.
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: March 13, 2024
36
Memorandum
REPORT TO:City Commission
FROM:Nicholas Ross, Director of Transportation and Engineering
SUBJECT:Authorize the City Manager to Sign an Agreement with the Montana
Department of Transportation for E Valley Center, N 19th Ave, and Flanders
Mill Bike Ped Path Construction - Bozeman UPN 10453.
MEETING DATE:April 2, 2024
AGENDA ITEM TYPE:Grant
RECOMMENDATION:Authorize the City Manager to Sign an Agreement with the Montana
Department of Transportation for E Valley Center, N 19th Ave, and Flanders
Mill Bike Ped Path Construction - Bozeman UPN 10453.
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 City of Bozeman applied for and was awarded two Transportation
Alternatives(TA) grants to construct infill sections of shared use pathways.
This agreement with the Montana Department of Transportation combines
those two grant awards. It is a comprehensive agreement covering Funding,
Construction, Maintenance and Local Agency Guidelines. The combined
project will construct paved shared use path along E Valley Center Rd
between Catron and Catamount streets, along N 19th Avenue between
Rawhide Ridge and Baxter Lane, and along Flanders Mill Rd between
Sunstone and Durston Rd. The estimated combined project cost is $792,947.
The federal TA grant award is $686,534 with City of Bozeman matching funds
of $106,413. City staff has reviewed the agreement and recommends that
the Commission authorize the City Manager to sign the agreement.
UNRESOLVED ISSUES:None identified.
ALTERNATIVES:As determined by Commission.
FISCAL EFFECTS:The grant agreement requires a total $106,413 (13.42%) match from the City
of Bozeman. The match funds are identified in the CIP in FY2025 in two
projects STR155 - Flanders Mill Shared Use and A&C007 - Shared Use Path:
Valley Center Infill Sections.
Attachments:
37
Transportation Alternatives Capital Construction Grant
Agreement_for signature.pdf
TA Capital Construction Grant Tracking Form_signed.pdf
Report compiled on: March 19, 2024
38
MDT-ENG-011 V 1.3 – Rev 9/12/23 Page 2 of 2
Funding, Construction, Maintenance and Local Agency
Guidelines (LAG) Agreement
TA 412‐1(3)1
Bike/Ped Paths ‐ Bozeman
UPN 10453
This Agreement by and between City of Bozeman (City), and the Montana Department
of Transportation (MDT, Department, or State) (collectively Parties), establishes the
responsibilities and duties of the Parties with respect to project activities including new
shared use path; crosswalks; utility adjustments; irrigation repair; tree removal; and culvert
installation on a portion of Flanders Mill Rd (L-16-702), East Valley Center (U-1211), and N
19th Ave (N-412) located within the City of Bozeman, Montana.
Whereas, the construction will be accomplished through Uniform Project Number 10453,
Federal-Aid Project Number TA 412-1(3)1, titled Bike/Ped Paths - Bozeman (Project)
located on Flanders Mill Rd (L-16-702), East Valley Center (U-1211), and N 19th Ave (N-412)
as seen in the attached maps; and,
Whereas, Federal Highway Administration (FHWA) funds will be used to pay for the
construction, the City and State must ensure that federal and state requirements are met in
fulfilling its obligations to the FHWA and for the Project to remain eligible for state and/or
federal funding; and,
Whereas, a portion of the Project lies on the designated Urban and National Highway System
(on-system) under the jurisdiction of the Montana Transportation Commission and MDT as
per Mont. Code Ann. 60-2-110, and a portion of the Project is not on the designated State and
Federal Highway System (off-system) that is under the jurisdiction of the City; and,
Whereas, costs necessary to complete the Project shall be funded by the Federal
Transportation Alternatives Program; and,
Whereas, the State and City recognize the need to construct the Project, and are willing to
share in its costs in accordance with Article VI, Funding; and,
Whereas, the City and MDT recognize the need to construct the Project and to duly execute
this Agreement in advance of construction phase programming; and,
Whereas, the City desires to have the Project constructed, the City deeming it to be a
valuable and beneficial consideration, and it will perform the functions, duties and
responsibilities as set forth in this Agreement;
Now, therefore, the Parties agree as follows:
39
MDT-ENG-011 V 1.3 – Rev 9/12/23 Page 2 of 16
ARTICLE I. FEDERAL SUBRECIPIENT AWARD INFORMATION
1. City’s Unique Entity ID is EEAPKALAEM35;
2. This Project is not for research and development;
3. Federal Award Identification Number (FAIN) 693JJ2223000;
4. Federal Award Project Description: Transportation Alternatives;
5. Awarding Agency: FHWA;
6. The Period of Performance begins the date this Project is federally programmed
until the closure date;
7. Indirect Cost Rate: If the City chooses to claim an indirect cost rate for
reimbursement, it must do so in accordance with 2 CFR Part 200.414 and Section E,
Appendices III-VIII. The City may use the current 10% de minimus indirect cost rate,
unless the City has an indirect cost rate approved by a cognizant agency and submits
a copy of the indirect cost approval letter to MDT.
ARTICLE II. GENERAL OBLIGATIONS OF MDT
1. MDT will provide appropriate and timely input during the Project’s development.
2. If the City does not fulfill their maintenance requirements as stated herein, MDT may
complete the required maintenance and seek compensation from the City. In doing
so, MDT must first provide notice to the City allowing time to complete any such
maintenance. If MDT performs such maintenance under this section, it must provide
detailed invoices of such costs to the City.
3. MDT may complete any maintenance required due to a public emergency and seek
compensation from the City for any costs incurred. In doing so, MDT may first provide
notice to the City, when possible, allowing time to complete any such maintenance. If
MDT performs maintenance under this section, it must provide detailed invoices of
such costs to the City.
4. MDT is responsible for issuing all future encroachment and approach permits on N
19th Avenue and ensuring the resulting actions do not interfere with roadway or
pedestrian travel or decrease safety.
ARTICLE III. GENERAL OBLIGATIONS OF THE CITY
1. The City will design, award, and administer a construction contract to construct the
Project.
2. The City will provide MDT opportunities to participate in the Project’s development,
including invitation to the final inspection of the Project.
40
MDT-ENG-011 V 1.3 – Rev 9/12/23 Page 3 of 16
3. The City agrees to conform in all regards to Mont. Code Ann. Title 61, Chapter 8, and
will not take any action, by enacting an ordinance or otherwise, in contradiction of
the traffic laws in Mont. Code Ann. Title 61, Chapter 8.
4. The City will continue to enforce the ordinances, laws and/or regulations necessary
and essential for the operations of the Project.
5. The City, at its sole expense, will maintain the City signs installed as part of this
Project. For the purposes of this Agreement, “maintenance of signs”, is defined as: the
inspection, cleaning, repair and replacement of signs damaged through weathering,
vandalism, the wind, or other means.
6. The City, at its sole expense, must obtain and maintain all federal, state and local
building permits or other permits of any type or nature required by a governing
authority, except as noted in this Agreement.
7. The City agrees to regulate utility occupancy on the right-of-way of this highway in
conformance with occupancy regulations that comply with or are more restrictive
than the requirements of the Administrative Rule of Montana, 18.7.201 thru 18.7.241,
governing "Right of Way Occupancy by Utilities."
8. The City agrees that it will assume full and complete responsibility for the Project
including any right of way acquired for the Project and ownership and responsibility
for any permits obtained for the Project.
ARTICLE IV. PROJECT‐SPECIFIC PROVISIONS
1. Construction Storm Water General Permit
a. The City is solely responsible for ensuring compliance with the Construction
Storm Water General Permit if one is needed for construction of the Project.
2. Small Municipal Separate Storm Sewer System (MS4) Permit
a. The City agrees, the Project will be designed in compliance with applicable
Small MS4 Permit requirements.
b. The City agrees to operate, monitor and maintain storm water management
features within the City’s right of way of the Project limits in compliance with
applicable MS4 requirements.
ARTICLE V. PROJECT‐SPECIFIC FEATURES
1. Shared‐Use Path
a. Upon completion of the Project by the City and its Contractor, the City agrees
that it is responsible, at no cost to MDT, to service, maintain, repair, and pay
the cost of operating the path within the project limits, or cause such service,
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MDT-ENG-011 V 1.3 – Rev 9/12/23 Page 4 of 16
maintenance, or repair to be made, such that it does not negatively impact the
operation of the path or the safety of the traveling public. If all or part of the
shared use path becomes unsafe for use, the City agrees to restrict access to
the affected area until the condition has been remedied.
b. For the purposes of this Agreement, “maintenance of a shared-use path” is
defined as: grinding or milling down displacements; surface patching; crack
sealing; sweeping; cleaning; washing; replacing portions of damaged path;
removal of snow and ice; repair of chipped, fractured, or broken surface from
any cause, including but not limited to frost heaving, landscaping, tree roots,
or encroachments; removal of debris and other obstructions or impediments
to the safe travel of pedestrians or other path users; maintenance of all
associated drainage features; maintenance of path-related signs; and any and
all other normally accepted maintenance practices.
c. For the purposes of this Agreement, “maintenance of shared-use path signs,”
is defined as: the inspection, cleaning, repair and replacement of signs
damaged through weathering, vandalism, wind, and other means.
ARTICLE VI. FUNDING
1. The City agrees to pay the requisite 13.42% non-federal matching funds for the
Project and associated indirect costs up to the allowable overrun percentage in
accordance with Tables 1 & 2 below.
2. The City is responsible for 100% of non-federal aid eligible costs and for the payback
of state and federal funds expended on non-federal aid eligible elements of the
Project, if required.
3. It is understood and agreed between the Parties that Section 17-1-106, MCA, requires
any state agency that receives non-general funds, including MDT, to identify and
recover its indirect costs. These costs are in addition to the direct Project costs.
Indirect costs will be recovered on MDT charges to the Project. Indirect costs will not
be recovered on City charges to the Project. See Table 1 below.
4. The City will be billed in advance for its local funds for MDT charges, including
indirect costs and materials test rate. The billing for the Project’s preliminary
engineering (PE phase) for MDT charges will be sent within 30 days of the Agreement
being signed. The billing for the Project’s CE phase will be sent no fewer than sixty
(60) days prior to the Project’s anticipated advertisement for letting.
5. The City will submit payment to the State within thirty (30) days of billing. Payments
to this Project will be provided to the State in the form of a check to be credited to the
Project. The payment(s) should be sent to MDT's Administration Division at:
Montana Department of Transportation
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Attention: Collections
2701 Prospect Avenue
P.O. Box 201001
Helena, MT 59620-1001
6. MDT will not submit programming requests to FHWA for individual project phases
until the required local funds have been transferred to MDT. The Project will not
advance past the Preliminary Engineering (PE) phase until a funding package (CN &
CE) for all improvements, including contingencies and overruns, is in place to MDT’s
satisfaction.
7. If payment is not made by the City within the thirty (30) day period, interest on the
unpaid amount will accrue at the rate of 10% per year and continue to accrue until
paid in full.
8. MDT will not participate in any future funding Agreement with the City until full
payment, including any interest, is received from the City.
9. City agrees that, if the City terminates Project development at any time, it will
reimburse MDT for all costs incurred by MDT up to the date of the stoppage, including
any required payback of Federal funds already expended on the Project.
10. If, after initial payment is made for the Project’s construction (CN & CE phases), the
bid opening or award by the City is delayed or postponed by thirty (30) days or more
or canceled for any reason, the State agrees to refund the City initial payment within
thirty (30) days, upon the City written request.
11. The current Project cost estimate, including IDC, materials test rate, and inflation, is
shown in Table 1. This estimate will be updated, until Project closeout, at Project
milestones and/or as more refined estimates become available. Any such revisions
will be incorporated into this Agreement via Amendment, in accordance with the
General Terms and Conditions.
12. The City’s Project Manager will inform the State point of contact as soon as possible
of anything that it appears will result in a cost increase and will discuss with the State
the need for any possible additional funds, alternative designs, and/or reduction of
the Project’s scope and will consider the State’s comments and concerns about the
additional costs and/or alteration in scope or design. None of this will prevent, delay,
or excuse the City from paying for any additional costs deemed necessary by State.
13. The City agrees to award the Project using Federal, State, and City matching funds,
provided that the lowest responsive bid does not exceed the allowable overrun
percentage shown in Table 2.
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14. If the lowest responsive bid exceeds the allowable overrun percentage, as listed in
Table 2, the City will contact the State to determine a funding solution agreeable to
both Parties.
15. The Parties understand that it is possible that the estimated cost of the Project’s
construction may be exceeded once the Project has begun.
Table 1 ‐ Project Cost Estimate (Including IDC and Inflation)
Project Phase
Total Cost of
Phase
Federal
Funds (TA)
86.58%
State
Matching
Funds
City
Matching
Funds
13.42%
City
Additional
Funds
Preliminary
Engineering (PE)
(MDT) $17,835 $15,442 $0 $2,393 $0
Preliminary
Engineering (PE)
(City) $160,515 $138,974 $0 $21,541 $0
Construction (CN)
(City) $509,573 $441,188 $0 $68,385 $0
Construction
Engineering (CE)
(MDT) $5,096 $4,412 $0 $684 $0
Construction
Engineering (CE)
(City) $96,819 $83,826 $0 $12,993 $0
Subtotal $789,838 $683,842 $0 $105,996 $0
IDC $3,109 $2,692 $0 $417 $0
Grand Total $792,947 $686,534 $0 $106,413 $0
The above costs are estimates and include inflation, current IDC, and materials test rate, which is included in
the CN phase. The rows above are labeled with “MDT” and “City.” The MDT rows are costs originating from
MDT to provide oversight. The City rows are costs originating from the City for project development,
construction, and construction engineering. Both MDT and City rows are billing to Federal Funds (TA) and
City Matching Funds. The Indirect Cost Rate (IDC) only applies to the “MDT” rows.
Table 2 ‐ MDT Guidelines for Awarding Construction Agreements
(Used to determine allowable overrun cost participation based on construction bid award amount)
LOWEST RESPONSIVE BID ALLOWABLE OVERRUN %
UNDER $50,000 30%
$50,000 - $200,000 25%
$200,000 - $500,000 20%
$500,000 - $2,000,000 15%
OVER $2,000,000 10%
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ARTICLE VII. GENERAL OBLIGATIONS OF THE PARTIES
1. The CITY shall meet the requirements for Federal-Aid funding set forth in this
Agreement. The CITY and MDT agree that the Project is a pilot project for a revised
Local Agency Guidelines (LAG) process and will utilize the guidance set forth in the
existing MDT LAG Manual (September 2013) where applicable and practical. The
CITY and MDT agree to work in partnership to resolve any requirements of the LAG
Manual that are not practical or feasible in the delivery and administration of this
Project.
2. The PARTIES shall manage the delivery of the Project phases and Project areas
of responsibility as identified below.
a. Project Phases:
i. [PL] Program Development (Planning) - MDT
ii. [PE] Project Development (NEPA/MEPA, Design, Permitting) -
CITY
iii. [RW] Right of Way Acquisition – CITY
iv. [IC] Utilities – CITY
v. [CN/CE] Advertising Bid & Award – CITY
vi. [CN & CE] Construction Contract Admin and Closeout - CITY
b. CITY Project Area Responsibilities:
i. Consultant selection and contract administration;
ii. Design;
iii. Environmental document preparation;
iv. Advertisement, bid, and award;
v. Civil Rights project management oversight, which includes
compliance with the Americans with Disabilities Act (ADA),
Disadvantaged Business Enterprise (DBE), Equal Employment
Opportunity (EEO), On the Job Training (OTJ), and Title VI
Programs;
vi. Construction contract administration.
c. MDT Project Area Responsibilities:
i. Civil Rights reporting for ADA, DBE, EEO, OJT, and Title VI
Programs;
ii. Approval of Environmental documents and/or submittal of
certification to FHWA that the action qualifies for a Categorical
Exclusion (CE) for projects as allowed in section IV.A. of the
Programmatic Agreement Regarding the Processing of Action
Classified as Categorical Exclusions for Federal-Aid Highway
Projects and Amendment 1.
iii. Final Environmental certifications;
iv. Final certification of Right of Way (RW) transactions;
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v. Final certification of Utilities;
vi. Requests for authorization of FHWA funds;
vii. Public interest findings determinations;
viii. Project final acceptance.
d. FHWA Project Area Responsibilities:
i. Approval of National Environmental Policy Act (NEPA)
environmental documents as described in Section IV.B of the
Programmatic Agreement Regarding the Processing of Action
Classified as Categorical Exclusions for Federal-Aid Highway
Projects and Amendment 1. and coordination of Endangered
Species Act (ESA) consultation with USFWS.
ii. Approval of MDT’s ADA, DBE, EEO, OTJ, and Title VI programs
iii. Authorization of FHWA funds
iv. “Buy America” waiver requests
v. Experimental features and special experimental projects
vi. Periodic audits of program and specific projects
3. The PARTIES agree to the following project personnel and communication
structure:
a. Project Manager – will be appointed and retained by the CITY and is the
person with responsible charge as defined in 23 CFR 172.9. The CITY
may appoint and retain different Project Managers for various project
phases and will inform MDT of any change in Project Management.
b. Local Agency Liaison – will be appointed and retained by MDT to
provide assistance as requested by the CITY. This liaison may be
different MDT personnel during the design and construction phases.
c. MDT Program Manager – will work directly with the Project Manager
and Local Agency Liaison as needed.
d. CITY Engineer – will provide principal oversight dedicating reasonable
support and resources necessary for successful delivery of the project.
4. CITY LAG OBLIGATIONS
a. The CITY shall meet the requirements set forth in the MDT LAG Manual
(September 2013) where applicable and practical. The CITY and MDT
agree to work in partnership to resolve any requirements of the LAG
Manual that are not practical or feasible in the delivery and
administration of this Project.
b. The CITY shall track internal costs and Project expenses in an
accounting system that can allocate costs by project and can code
between allowable and unallowable costs.
c. The CITY shall provide initial Project budget estimates to MDT broken
out by phase and by work planned to be performed with internal CITY
staff and work planned to be performed by consultants and/or
contractors.
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d. The CITY shall present reimbursement requests for the Eligible Costs
incurred by Agency on behalf of the Project directly to MDT’s Local
Agency Liaison for review and approval. Such invoices shall identify the
Project, UPN Number, Agreement number, Project phase, amount
charged to each phase (e.g., PE, RW, CN), reimbursement request
number, and itemize all expenses for which reimbursement is claimed.
The CITY shall submit invoices to MDT no less than monthly but not
greater than quarterly, based on actual expenses incurred, and must
clearly specify the percentage of completion of the Project. The CITY
shall also include with the invoice a Project progress report or
summary that describes work accomplished for the invoicing period,
and work expected for the next invoicing period.
i. Eligible Costs are the CITY’S actual Project costs that are:
1. Reasonable, necessary and directly incurred in the
development of the Project;
2. Documented in accordance with generally accepted
accounting principles established by the Governmental
Accounting Standards Board; and
3. Eligible or allowed uses of Federal and state of Montana
Funds.
ii. Eligible Costs may include Indirect Costs (IDC) rates that have
been approved by MDT. When an approved IDC does not exist,
the CITY may request an IDC rate of 10% de minimus, in
accordance with 2 CFR 200.
iii. MDT, in its sole discretion, determines whether a particular cost
satisfies the criteria set forth in this Paragraph and is an Eligible
Cost.
iv. The CITY may appeal any determination of an Ineligible Cost for
further review, upon which, MDT will provide a detailed
explanation of the determination, including any statute or
program guidelines used to make such determination.
e. The CITY shall have a written policy for the selection of engineering
consultants that meet the requirements of 23 CFR 172. The City may
choose to adopt MDT’s consultant selection policy, modified (in
writing) to be applicable to CITY personnel.
f. The CITY shall meet the requirements of 23 CFR Part 636 and Title 18,
MCA, regarding design-build contracts. The CITY shall have a written
procedure for design-build contracts, if applicable to this project, or
may choose to adopt MDT’s design-build guidelines.
g. The CITY shall develop a project delivery schedule, and status it no less
than on a quarterly basis. The schedule will include milestones of major
project phases (PE, RW, I/C, CN, and CE).
h. The CITY shall provide notice to MDT when subsequent project phases
(RW, IC, CN, CE) are ready to be programmed.
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i. The CITY shall not place or plan to place permanent Project features
outside documented public RW. If additional RW (fee acquisition,
easement, or temporary permits) are required to be completed, a RW
phase will be initiated.
j. The CITY shall be financially responsible for any federal payback
deemed to be the result of the CITY’s negligence in adhering to
requirements set forth in this amended Agreement.
k. The CITY shall not begin RW, IC, CE, or CN until the project NEPA/MEPA
document has been signed and approved. The CITY is encouraged not
to begin final design activities until NEPA/MEPA document signature.
l. If performing these phases, the CITY shall be responsible for the
necessary effort to complete environmental, RW, railroad, and utility
certification prior to requesting programming for the construction
(CN) phase. However, MDT shall be responsible for final approval of
environmental, RW, railroad and utility certification.
m. The CITY will utilize the Montana Public Works Standard
Specifications, MDT Standard Specifications, or any combination
thereof, for the administration of the Project including construction
inspection and materials testing.
n. The CITY shall include MDT in preliminary plan reviews and document
comment resolutions. The peripheral of MDT’s review shall include
Americans with Disabilities Act (ADA) compliance, constructability,
quantities, materials, and roadway geometrics.
o. The CITY shall develop the Project plans and specifications in
accordance with all applicable federal/national regulations and
guidelines, including but not limited to ADA, Public Rights-of-Way
Accessibility Guidelines (PROWAG), Manual on Uniform Traffic Control
Devices (MUTCD), “Buy America”/”Buy American”, etc.
p. The CITY shall support MDT in delivering this Project in accordance
with all federal and state requirements encumbered upon agencies
utilizing federal-aid funding.
5. MDT LAG OBLIGATIONS
a. MDT shall submit project phase programming requests to FHWA.
b. MDT shall provide timely cost reimbursements back to the CITY upon
properly completed reimbursement requests.
c. MDT shall verify the completeness of the NEPA/MEPA documentation
and provide a recommendation to the CITY when to begin work on final
design activities.
d. MDT shall provide final certification of the environmental, RW,
railroad, and utilities, based on information and recommendations
provided from the CITY.
e. MDT shall be financially responsible for any federal payback deemed to
be the result of MDT’s negligence in adhering to requirements set forth
in this Agreement.
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f. MDT shall consolidate all project comments during plan reviews to
avoid conflicting direction, as well as strive to have comments provided
no later than 14-days from the release of an agreed upon plan package
release date.
g. MDT shall support the CITY in its efforts to successfully complete this
Project by being responsive and providing guidance as requested.
h. Upon request, MDT shall promptly provide personnel for a final Project
walk through and completion certification.
ARTICLE VIII. GENERAL TERMS AND CONDITIONS
1. Term – The term of this Agreement shall be ten (10) years. After the initial ten (10)
year term, this Agreement will renew automatically, for successive one (1) year
terms, unless superseded by a new Agreement between the parties.
2. Termination – This Agreement may be terminated by MDT if the City violates or
breaches any term, condition, or article of this Agreement and the City has failed to
correct (or reasonably initiate correction) within 60 days of receiving notice in
writing addressed to the City’s representative, of such violation or breach of any term,
condition, or article of this Agreement. If this Agreement is terminated, the
improvements become the property of MDT, without reimbursement. MDT will
maintain the property as it sees fit and may remove the improvements without City
or landowner approval. MDT may seek compensation for maintenance or removal of
the improvements from the City.
3. Other Agreements – Other Agreements pertaining to the project area remain in full
force and effect. In the case of a conflict between this Agreement and a previously
executed Agreement, the terms of this Agreement apply.
4. Hold Harmless & Indemnification
a. The City agrees to protect, defend, indemnify, and hold MDT, its elected and
appointed officials, agents, and employees, while acting within their duties as
such, harmless from and against all claims, liabilities, demands, causes of
action, and judgments ( including the cost of defense and reasonable attorney
fees) arising in favor of or asserted by the City’s employees or third parties on
account of personal or bodily injury, death or damage to property, arising out
of the acts or omissions of the City, its agents, or sub-contractors, under this
Agreement, except the negligence of MDT.
b. The State and Department of Transportation agrees to protect, defend,
indemnify, and hold the City, its elected and appointed officials, agents, and
employees, while acting within their duties as such, harmless from and against
all claims, liabilities, demands, causes of action, and judgments ( including the
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MDT-ENG-011 V 1.3 – Rev 9/12/23 Page 12 of 16
cost of defense and reasonable attorney fees) arising in favor of or asserted by
the MDT’s employees or third parties on account of personal or bodily injury,
death or damage to property, arising out of the acts or omissions of MDT, its
agents, or sub-contractors, under this Agreement, except the negligence of the
City.
5. Insurance
a. General Requirements: Each party shall maintain for the duration of this
Agreement, at its own cost and expense, insurance against claims for injuries
to persons or damages to property that may arise from or in connection with
the performance of the duties and obligations in this Agreement by each party,
its agents, employees, representatives, assigns, or sub-contractors. This
insurance shall cover such claims as may be caused by any negligent act or
omission.
b. General Liability Insurance: Each party shall purchase and maintain
occurrence coverage with combined single limits for bodily injury, personal
injury, and property damage of $1 million per occurrence and $2 million
aggregate per year to cover such claims as may be caused by or arising out of
any negligent acts or omissions in work or services performed under this
Agreement, or as established by statutory tort limits as provided by a public
entity self-insurance program either individually or on a pool basis as
provided by Mont. Code Ann. Title 2, Chapter 9.
c. General Provisions: All insurance coverage must be with a carrier licensed to
do business in the State of Montana or by a public entity self-insured program
either individually or on a pool basis. Each party must notify the other
immediately of any material change in insurance coverage, such as changes in
limits, coverage, change in status of policy, etc. Each party reserves the right
to request complete copies of the other party’s insurance policy or self-insured
memorandum of coverage at any time.
d. Workers’ Compensation Insurance: The City must maintain workers’
compensation insurance and require its contractors and its contractor’s sub-
contractors to carry their own workers compensation coverage while
performing work within MDT right-of-way in accordance with Mont. Code
Ann. §§39-71-401 and 39-71-405. Neither the contractor nor its employees
are employees of MDT. This insurance/exemption must be valid for the entire
Agreement period.
6. Public Safety
It is agreed, if any repairs to the elements of the Project must be performed to address or
prevent a public hazard, the City will immediately protect the area from public access,
contact the appropriate MDT District Maintenance Office, and make reasonable and
timely effort to correct or repair the hazard.
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7. Invoicing and Indirect Cost (IDC)
a. If MDT incurs any costs resulting from this Agreement, MDT shall be entitled
to be compensated for such costs by the City and the City shall pay the same
within thirty (30) days of its receipt of such invoices.
Mont. Code Ann. §17-1-106, requires any state agency, including MDT, which
receives non-general funds to identify and recover its indirect costs (IDC). These
costs are in addition to direct project costs. MDT’s IDC rate is determined annually
as a percentage of the project’s direct costs to cover the project’s share of MDT’s
IDC as defined by 2 CFR Part 200, Appendix VII. MDT’s current IDC rate is 13.56%
for fiscal year 2024 (July 1, 2023 to June 30, 2024). If the work occurs or extends
into fiscal year 2025 or beyond the IDC rate will be charged at the rate agreed to
by MDT and the Federal Highway Administration (FHWA).
i. Invoice will be sent to:
City of Bozeman
Attn: Taylor Lonsdale
P.O. Box 1230
Bozeman, MT 59771-1230
tlonsdale@bozeman.net
ii. Payments shall be made to:
Montana Department of Transportation
Attention: Collections
2701 Prospect Avenue
PO Box 201001
Helena, MT 59620-1001
8. Choice of Law and Venue – This Agreement shall be governed by the laws of Montana.
The parties agree that any litigation concerning this Agreement must be brought in
the First Judicial District Court, in and for the County of Lewis and Clark, State of
Montana, and each party shall pay its own costs and attorney fees except as otherwise
noted in this agreement. In case of conflict between the terms and conditions of this
Agreement and the laws of the State of Montana, the laws of the State of Montana shall
control.
9. Binding Effect – The benefits and obligations set forth in this Agreement shall be
binding upon, and inure to the benefit of, their respective successors, administrators
and assigns of the Parties.
10. Relationship of Parties – Nothing contained in this Agreement shall be deemed or
construed (either by the parties hereto or by any third party) to create the
relationship of principal and agent or create any partnership joint venture or other
association between the Parties.
11. Non-Discrimination – The City will require that during the performance of any work
arising out of this Agreement the City, for itself, assignees, and successors shall
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MDT-ENG-011 V 1.3 – Rev 9/12/23 Page 14 of 16
comply with all applicable non-discrimination regulation set forth in Attachment “A”
attached hereto and made part of this Agreement.
12. ADA – MDT requires that any construction or maintenance resulting from this
Agreement/Lease must include appropriate pedestrian facilities that meet or exceed
current MDT standards for accessibility as set forth by the United States Department
of Justice 2010 ADA Standards for Accessible Design, United States Access Board
Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way, and
MDT’s Detailed Drawings, 608 series.
13. Audit – The City grants to the Legislative Auditor and the Legislative Fiscal Analysts
the right, without prior notice and during normal business hours, to audit, at their
own costs and expense, all records, reports, and other documents, the City maintains
in connection with this Agreement.
14. Utilities – This Agreement is subject to the right of any private or public utility entity
now lawfully occupying the right-of-way to continue to operate and maintain utility
facilities thereupon. Copies of existing utility permits may be obtained from the MDT
District Utility Agent.
15. Amendment and Modification – This Agreement may be modified or amended only
by written Addendum signed by the parties. In addition to the terms and conditions
contained herein, the provisions of any Addendum may be incorporated and made a
part hereof by this reference in the terms of the amendment so provided. In the event
of any conflict between the terms and conditions hereof and the provisions of any
Addendum, the provision of the Addendum shall control, unless the provisions
thereof are prohibited by law.
16. Access and Retention Records – The City agrees to provide the State, Legislative
Auditor, or their authorized agents access to any records necessary to determine
compliance with the agreement. The City agrees to create and retain records
supporting this agreement for a period of three (3) years after the completion date of
the Agreement or the conclusion of any claim, litigation or exception relating to the
State of Montana or a third party.
17. Representatives
a. City’s Representative: The City’s Representative for this Agreement shall be
the City Manager or designee 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, MDT may direct its communication or submission to other
designated City personnel or agents.
b. MDT’s Representative: The MDT Representative for this Agreement shall be
the District Administrator or Maintenance Chief or such other individual as
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MDT shall designate in writing. Whenever direction to or communication with
MDT is required by this Agreement, such direction or communication shall be
directed to MDT’s Representative; provided, however, that in exigent
circumstances when MDT’s Representative is not available, City may direct its
direction or communication or submission to other designated MDT
personnel or agents.
18. Counterpart Execution – This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original but all of which together
shall constitute one and the same Agreement. The counterparts of this Agreement
may be executed and delivered by facsimile or other electronic signature, in
conformance with the Montana Uniform Electronic Transactions Act, Title 30,
Chapter 18, Part 1, MCA, by any of the parties to any other party and the receiving
party may rely on the receipt of such document so executed and delivered by
facsimile or other electronic means as if the original had been received.
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IN WITNESS WHEREOF, MDT’s authorized representative has hereunto signed on behalf of
the State of Montana, and the City’s authorized representative on behalf of the City, has
signed and affixed hereto the seal of the City.
STATE OF MONTANA, DEPARTMENT OF TRANSPORTATION
By
Montana Department of Transportation Date
Approved for Legal Content
Approved for Civil Rights
CITY OF BOZEMAN
Chuck Winn
Interim City Manager
Attest:
Mike Maas
City Clerk
54
BIKE/PED PATHS—BOZEMAN, EAST VALLEY CENTER RD PROJECT LIMITS COSTCO END PROJECT RP 6.23 BEGIN PROJECT RP 6.09 NLEGEND PROPOSED PATH 55
BIKE/PED PATHS—BOZEMAN, N 19TH AVE PROJECT LIMITS N 19TH AVE BAXTER LN
N
BEGIN PROJECT
RP 1.23
END PROJECT
RP 1.51
LEGEND
PROPOSED PATH
56
BIKE/PED PATHS—BOZEMAN, FLANDERS MILL RD PROJECT LIMITS NTO 19TH AVE END PROJECT RP 1.00 BEGIN PROJECT RP 0.84 TO GALLATIN HIGH SCHOOL LEGEND PROPOSED PATH 57
ATTACHMENT A: MDT
NONDISCRIMINATION AND
DISABILITY ACCOMMODATION
NOTICE
58
Page 1 of 4
Rev. 01/2022
MDT NONDISCRIMINATION AND
DISABILITY ACCOMMODATION NOTICE
Montana Department of Transportation (“MDT”) is committed to conducting all of its business in an
environment free from discrimination, harassment, and retaliation. In accordance with State and
Federal law MDT prohibits any and all discrimination and protections are all inclusive (hereafter
“protected classes”) by its employees or anyone with whom MDT does business:
Federal protected classes State protected classes
Race, color, national origin,
sex, sexual orientation, gender identity,
age, disability, income-level & Limited
English Proficiency
Race, color, national origin, parental/marital status,
pregnancy, childbirth, or medical conditions related to
pregnancy or childbirth, religion/creed, social origin or
condition, genetic information, sex, sexual orientation,
gender identification or expression, ancestry, age,
disability mental or physical, political or religious
affiliations or ideas, military service or veteran status,
vaccination status or possession of immunity passport
For the duration of this contract/agreement, the PARTY agrees as follows:
(1) Compliance with Regulations: The PARTY (hereinafter includes consultant) will comply with all
Acts and Regulations of the United States and the State of Montana relative to Non-
Discrimination in Federally and State-assisted programs of the U.S. Department of
Transportation and the State of Montana, as they may be amended from time to time, which are
herein incorporated by reference and made a part of this contract.
(2) Non-discrimination:
a. The PARTY, with regard to the work performed by it during the contract, will not
discriminate, directly or indirectly, on the grounds of any of the protected classes in the
selection and retention of subcontractors, including procurements of materials and
leases of equipment, employment, and all other activities being performed under this
contract/agreement.
b. The PARTY will provide notice to its employees and the members of the public that it
serves that will include the following:
i. A statement that the PARTY does not discriminate on the grounds of any
protected classes.
ii. A statement that the PARTY will provide employees and members of the public
that it serves with reasonable accommodations for any known disability, upon
request, pursuant to the Americans with Disabilities Act as Amended (ADA).
iii. Contact information for the PARTY’s representative tasked with handling non-
discrimination complaints and providing reasonable accommodations under the
ADA.
iv. Information on how to request information in alternative accessible formats.
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c. In accordance with Mont. Code Ann. § 49-3-207, the PARTY will include a provision, in all
of its hiring/subcontracting notices, that all hiring/subcontracting will be on the basis of
merit and qualifications and that the PARTY does not discriminate on the grounds of any
protected class.
(3) Participation by Disadvantaged Business Enterprises (DBEs):
a. If the PARTY receives federal financial assistance as part of this contract/agreement, the
PARTY will make all reasonable efforts to utilize DBE firms certified by MDT for its
subcontracting services. The list of all currently certified DBE firms is located on the MDT
website at mdt.mt.gov/business/contracting/civil/dbe.shtml
b. By signing this agreement, the PARTY assures MDT that:
The contractor, sub recipient or subcontractor shall not discriminate on the basis of
race, color, national origin, or sex in the performance of this contract. The contractor
shall carry out applicable requirements of 49 CFR part 26 in the award and
administration of DOT-assisted contracts. Failure by the contractor to carry out these
requirements is a material breach of this contract, which may result in the termination
of this contract or such other remedy as the recipient deems appropriate.
c. The PARTY must include the above assurance in each contract/agreement the PARTY
enters.
(4) Solicitation for Subcontracts, Including Procurement of Materials and Equipment: In all
solicitations, either by competitive bidding, or negotiation, made by the PARTY for work to be
performed under a subcontract, including procurements of materials, or leases of equipment,
each potential subcontractor or supplier will be notified by the PARTY of the PARTY’s obligation
under this contract/agreement and all Acts and Regulations of the United States and the State of
Montana related to Non-Discrimination.
(5) Information and Reports: The PARTY will provide all information and reports required by the
Acts, Regulations, and directives issued pursuant thereto and will permit access to its books,
records, accounts, other sources of information and its facilities as may be determined by MDT or
relevant US DOT Administration to be pertinent to ascertain compliance with such Acts,
Regulations, and instructions. Where any information required of a contractor is in the exclusive
possession of another who fails or refuses to furnish the information, the PARTY will so certify to
MDT or relevant US DOT Administration, as appropriate, and will set forth what efforts it has
made to obtain the information.
(6) Sanctions for Noncompliance: In the event of a PARTY’s noncompliance with the Non- discrimination
provisions of this contract/agreement, MDT will impose such sanctions as it or the relevant US DOT
Administration may determine to be appropriate, including, but not limited to:
a. Withholding payments to the PARTY under the contract/agreement until the PARTY
complies; and/or
b. Cancelling, terminating, or suspending the contract/agreement, in whole or in part.
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(7) Pertinent Non-Discrimination Authorities: During the performance of this contract/agreement,
the PARTY, for itself, its assignees, and successor in interest, agrees to comply with the following
non-discrimination statutes and authorities; including but not limited to:
Federal
- Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 CFR Part 21;
- The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C.
§ 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired
because of Federal or Federal-aid programs and projects);
- Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis
of sex);
- Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CFR Part 27;
- The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
- Airport and Airways Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
- The Civil Rights Restoration Act of 1987, (PL 100-209), (broadened the scope, coverage, and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975, and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms
“programs or activities” to include all of the programs or activities of the Federal-aid recipients,
sub-recipients, and contractors, whether such programs or activities are Federally funded or
not);
- Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on the basis
of disability in the operation of public entities, public and private transportation systems, places
of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as
implemented by Department of Transportation regulations at 49 CFR parts 37 and 38;
- The Federal Aviation Administration’s Non-Discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
- Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, which prevents discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high and
adverse human health or environmental effects on minority and low-income populations;
- Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes
discrimination because of Limited English Proficiency (LEP). To ensure compliance with Title VI,
you must take reasonable steps to ensure that LEP persons have meaningful access to your
programs (70 Fed. Reg. at 74087 to 74100);
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- Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. § 1681 et seq.).
- Executive Order 13672 prohibits discrimination in the civilian federal workforce on the basis of
gender identity and in hiring by federal contractors on the basis of both sexual orientation and
gender identity.
State
- Mont. Code Ann. § 49-3-205 Governmental services;
- Mont. Code Ann. § 49-3-206 Distribution of governmental funds;
- Mont. Code Ann. § 49-3-207 Nondiscrimination provision in all public contracts.
(8) Incorporation of Provisions: The PARTY will include the provisions of paragraph one through
seven in every subcontract, including procurements of materials and leases of equipment,
unless exempt by the Acts, the Regulations and/or directives issued pursuant thereto. The
PARTY will take action with respect to any subcontract or procurement as MDT or the relevant
US DOT Administration may direct as a means of enforcing such provisions including sanctions
for noncompliance. Provided, that if the PARTY becomes involved in, or is threatened with
litigation by a subcontractor, or supplier because of such direction, the PARTY may request MDT
to enter into any litigation to protect the interests of MDT. In addition, the PARTY may request
the United States to enter into the litigation to protect the interests of the United States.
62
Grant # (issued by City Clerk)
Grant Name
Grant Project Manager Department
Person Responsible for Financial Reporting
Person Responsible for Performance Reporting & Close Out
*Note: this person is also reseponsible for record retention requirements.
Grant Source Federal State Other
CDFA # (Federal Only)Fiscal year of award
Grant Amount Included in Budget?
Match Requirement (%)Budget Account Code
Match Amount
Cost reimbursement basis? Select yes if the City needs to apply for reimbursement after expenditures occur.
Work with finance if unsure.New account codes and/or project codes required to track revenue and expenses?
Desctibe the requirements for grant reporting, reimbursements, and how they are completed (i.e. through a website? Email?):
Process Phase / Signature Matrix
City Clerk Commission Date
Notice of Intent
Application
Award/Contract
City Manager
City of BozemanGrant Routing Form
Department Director
(I understand and will carry out the provisions of the grant)
Finance Director
Grant Routing Form May 2023
Describe the nature of the grant and eligible uses:
2023-07
2023 Transportation Alternatives - Capital Construction Grant
Taylor Lonsdale Transportation and Engineering
Taylor Lonsdale
Taylor Lonsdale
2024
$686,534 Yes
20.00%see below
$ 106,413.00
No
No
The grant is federal transportation funds through the Surface Transportation Block Grant
Program. It is awarded through the Montana Department of Transportation. This award is
specifically for the construction of paved pathways along Flanders Mill Rd, N 19th Avenue, and
E Valley Center Rd.
Budget Account Codes: STR155 Flanders Mill Shared Use (111-4110-433.80-90); A&C007
Shared Use Path: Valley Center Infill Sections (141-4130-433.80-90)
Reimbursements will be through the Transportation Alternatives Section with the Montana
Department of Transportation.
04/02/2024
DocuSign Envelope ID: D5242B35-0FA2-4A5F-AE2C-179D0990450F
63
Memorandum
REPORT TO:City Commission
FROM:Kellen Gamradt, Engineer II
Nicholas Ross, Director of Transportation and Engineering
SUBJECT:Authorize the City Manager to sign the Notice of Award and contract documents for
the 2024 Curb and Sidewalk Improvements Project to AV Construction, Inc.
MEETING DATE:April 2, 2024
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign the Notice of Award and contract documents for
the 2024 Curb and Sidewalk Improvements Project to AV Construction, Inc., for the
purpose of replacing curb, gutter and sidewalk on various streets within the City, in
the amount of $105,045.00.
STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a
mechanism to encourage economic development.
BACKGROUND:
Attached is a copy of the Notice of Award for the above-referenced project. The
project generally includes: removing and replacing curb and gutter on West Koch
Street and South 12th Avenue to improve the condition and drainage of the street,
pedestrian ramp modifications on Cottonwood Road, and sidewalk improvements on
West Graf Street adjacent to City owned property.
The contract is to be completed within 40 calendar days of the issuance of the notice
to proceed.
Bids for the above-referenced project were opened on March 14, 2024 with 3 bids
being submitted. The low bid was submitted by AV Construction, Inc. in the amount
of $105,045.00 for the base bid schedule 1, schedule 2, and miscellaneous work. The
Bid Tabulation for the project is attached. This bid is commensurate with the work
involved. Executed contract documents will be available online and retained in the
City Clerk’s office.
UNRESOLVED ISSUES:None
ALTERNATIVES:Disapprove
64
FISCAL EFFECTS:This project will be paid from the FY25 CIP Annual Curb Replacement (SCR01;
$114,400) and Annual Pedestrian Ramp Repair (STR75; $115,000) if approved in the
FY25 Budget.
Attachments:
signed bid tab.pdf
AWARD.docx
Report compiled on: March 18, 2024
65
Name:Contractor #:Affirmation Form:Bid Bond:Base Bid Total:
K2 272233 x x $122,176.18
AV Construction 157351 x x $105,045.00
Treasure Statre, Inc.157069 x x 128,591.00
Mike Maas Alex Newby Kellen Gamaradt
City Clerk Deputy City Clerk Project Engineer
2024 Curb and Sidewalks Improvement Project
These bids were opened and read before the undersigned at 2:30 pm on Wednesday, March 14, 2024
DocuSign Envelope ID: C3608AEC-1C96-433A-8EC3-6BFF964DFBC7
66292
NOTICE OF AWARD
Dated: __________________________
TO: AV Construction, Inc.
ADDRESS: P.O. Box 11966, Bozeman, MT 59719
PROJECT: City of Bozeman 2023 Curb Replacement Project
CONTRACT FOR: Schedule 1, Schedule 2, and Miscellaneous Work
You are notified that your Bid dated March 14
th, 2024, for the above Contract has been considered. You are
the apparent Successful Bidder and have been awarded a Contract for the City of Bozeman 2024 Curb &
Sidewalk Improvements Project.
The Contract Price of your Contract is:one hundred five thousand forty five Dollars & 00/100
($105,045.00).
Three copies of the proposed Contract Documents accompany this Notice of Award.
You must comply with the following conditions precedent within fifteen (15) days of the date of this
Notice of Award, that is, by ________________ .
1.You must deliver to the OWNER 3 fully executed counterparts of the Agreement including all the
Contract Documents and Drawings.
2.You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the
Instruction to Bidders (page 7), General Conditions (paragraph 5.01) and Supplementary Conditions
(paragraph SC-5.02).
3.List other conditions precedent:
You must deliver with the executed Agreement the Certificates of Insurance as specified in
the General Conditions (paragraph 5.03) and Supplementary Conditions (paragraph SC-5.04).
Failure to comply with these conditions within the time specified will entitle OWNER to consider your
Bid abandoned, to annul this Notice of Award, and to declare your Bid Security forfeited.
Within ten (10) days after you comply with these conditions, OWNER will return to you one fully
signed counterpart of the Agreement with the Contract Documents attached.
CITY OF BOZEMAN, MONTANA ATTEST:
BY: __________________________________BY: ____________________________
(CITY MANAGER)(CITY CLERK)
DATE: _______________________________
67
Memorandum
REPORT TO:City Commission
FROM:
Cody Flammond, Engineer II
Nicholas Ross, Director of Transportation and Engineering
SUBJECT:Authorize the City Manager to Sign a Notice of Award to Olympus Technical
Services, Inc. for construction of the 2024 Soil Vapor Extraction Extension
Project
MEETING DATE:April 2, 2024
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign a Notice of Award to Olympus Technical
Services, Inc. for the total schedule Pay Items 1 through 8 in the amount of
$374,917.00.
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:Attached is a copy of the Notice of Award for the above referenced project.
The project generally includes installation of seven soil vapor extraction
(SVE) wells, providing and installing buried piping for transmission of SVE gas
to the existing gas handling system. The purpose of this work is to collect
and handle additional soil vapor at the landfill.
The contract is to be completed within 60 calendar days of the issuance of
the notice to proceed.
Bids for the above-referenced project were opened on March 6th with one
bid being submitted. The bid was submitted by Olympus Technical Services,
Inc. in the amount of $374,917.00 for the base bid. The Bid Tabulation for
the project is attached.
UNRESOLVED ISSUES:None
ALTERNATIVES:Disapprove
FISCAL EFFECTS:This project will be paid for with approved funding from the Solid Waste
Landfill Post-Closure budget for Capital Improvement Projects (641-5910-
448.80-90).
68
Attachments:
Draft Notice of Award
Bid Tab- 2024 SVE Extension
Report compiled on: March 19, 2024
69
NOTICE OF AWARD
Dated: __________________________
TO: Olympus Technical Services, Inc.
ADDRESS: 765 Colleen Street, Helena, Montana 59601
PROJECT: 2024 Soil Vapor Extraction Extension
CONTRACT FOR: Soil Vapor Extraction Well Drilling and Field Construction
You are notified that your Bid dated March 6th, 2024, for the above Contract has been considered. You are
the apparent Successful Bidder and have been awarded a Contract for installing seven soil vapor extraction
wells and providing and installing buried piping for transmission of soil vapor extraction gas to the
existing gas handling system.
The Contract Price of your Contract is: Three Hundred Seventy-Four Thousand Nine Hundred Seventeen
Dollars ($374,917).
Three copies of the proposed Contract Documents accompany this Notice of Award.
You must comply with the following conditions precedent within fifteen (15) days of the date of this
Notice of Award, that is, by _______ .
1. You must deliver to the OWNER 3 fully executed counterparts of the Agreement including all the
Contract Documents and Drawings.
2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the
Instruction to Bidders (page 6), General Conditions (paragraph 5.01) and Supplementary Conditions
(paragraph SC-5.02).
3. List other conditions precedent:
You must deliver with the executed Agreement the Certificates of Insurance as specified in
the General Conditions (paragraph 5.03) and Supplementary Conditions (paragraph SC-5.04).
Failure to comply with these conditions within the time specified will entitle OWNER to consider
your Bid abandoned, to annul this Notice of Award, and to declare your Bid Security forfeited.
Within ten (10) days after you comply with these conditions, OWNER will return to you one fully
signed counterpart of the Agreement with the Contract Documents attached.
CITY OF BOZEMAN, MONTANA ATTEST:
BY: __________________________________ BY: ____________________________
(CITY MANAGER) (CITY CLERK)
DATE: _______________________________
70
Name:Contractor #:Affirmation Form:Bid Bond:Base Bid Total:
Kevin Rauch, Olympus Technical
Services, Inc. 765 Colleen St.
Helena, MT 59601 38846 X X $374,917.00
Mike Maas Alex Newby Cody Flammond
City Clerk Deputy City Clerk Project Engineer
2024 SVE Extension
These bids were opened and read before the undersigned at 2:30 pm on Wednesday, March 6, 2024
DocuSign Envelope ID: 2733C1A4-26FD-4A19-84F6-A265D7B81112
71291
Memorandum
REPORT TO:City Commission
FROM:Nicholas Ross, Director of Transportation and Engineering
SUBJECT:Authorize the City Manager to Sign an Agreement with the Montana
Department of Transportation for Huffine Lane, N 19th Ave, and Oak St Path
Preservation II - Bozeman UPN 10450.
MEETING DATE:April 2, 2024
AGENDA ITEM TYPE:Grant
RECOMMENDATION:Authorize the City Manager to Sign an Agreement with the Montana
Department of Transportation for Huffine Lane, N 19th Ave, and Oak St Path
Preservation II - Bozeman UPN 10450.
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 City of Bozeman applied for and was awarded Transportation
Alternatives(TA) Grant funding for paved pathway preservation. This
agreement with the Montana Department of Transportation is for that grant
award. It is a comprehensive agreement covering funding, Construction,
Maintenance and Local Agency Guidelines. The project will provide
pavement preservation on approximately 5.2 miles of paved shared use path
along Huffine Lane, Oak Street, and N 19th Avenue. The estimated project
cost is $278,088. The federal TA grant award is $240,768 with City of
Bozeman matching funds of $37,320. City staff has reviewed the agreement
and recommends that the Commission authorize the City Manager to sign
the agreement.
UNRESOLVED ISSUES:None identified.
ALTERNATIVES:As determined by Commission.
FISCAL EFFECTS:The grant agreement requires a $37,320 (13.42%) match from the City of
Bozeman. The match funds are available in the FY2025 budget in project
STR20 - Annual Multimodal Improvements.
Attachments:
Transportation Alternatives Pavement Preservation Grant
Agreement_for signature.pdf
72
TA Pavement Preservation Grant Tracking Form_signed.pdf
Report compiled on: March 19, 2024
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MDT-ENG-011 V 1.3 – Rev 9/12/23 Page 1 of 17
Funding, Construction, Maintenance and Local Agency
Guidelines (LAG) Agreement
TA 50-2(106)87, TA 50-2(105)87
PATH PRESERVATION II-BOZEMAN UPN 10450 This Agreement by and between the City of Bozeman (City), and the Montana Department of Transportation (MDT, Department, or State) (collectively Parties), establishes the responsibilities and duties of the Parties with respect to project activities including path pavement preservation on a portion of 19th Avenue, East Oak Street, West Oak Street, Huffine Lane located within the City of Bozeman, Montana.
Whereas, the construction will be accomplished through Uniform Project Number 10450, Federal-Aid Project Number TA 50-2(106)87, TA 50-2(105)87, titled PATH PRESERVATION II-BOZEMAN (Project) located on 19th Avenue, East Oak Street, West Oak Street, Huffine Lane as shown on the map in Attachment B; and,
Whereas, State and/or Federal Highway Administration (FHWA) funds will be used to pay for the construction, the City and State must ensure that federal and state requirements are met in fulfilling its obligations to the FHWA and for the Project to remain eligible for state and/or federal funding; and,
Whereas, a portion of the Project lies on the designated National Highway System and Urban System (on-system) under the jurisdiction of the Montana Transportation Commission and MDT as per Mont. Code Ann. 60-2-110, and a portion of the Project is not on the designated State and Federal Highway System (off-system); and, Whereas, costs necessary to complete the Project shall be funded by the Federal Transportation Alternatives Program; and,
Whereas, the City and MDT recognize the need to construct the Project and to duly execute this Agreement in advance of construction phase programming; and,
Whereas, the City desires to have the Project constructed, the City deeming it to be a valuable and beneficial consideration, and it will perform the functions, duties and responsibilities as set forth in this Agreement; Now, therefore, the Parties agree as follows:
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MDT-ENG-011 V 1.3 – Rev 9/12/23 Page 2 of 17
ARTICLE I. FEDERAL SUBRECIPIENT AWARD INFORMATION 1. City’s Unique Entity ID is EEAPKALAEM35; 2. This Project is not for research and development; 3. Federal Award Identification Number (FAIN) 693JJ2223000; 4. Federal Award Project Description: Transportation Alternatives; 5. Awarding Agency: FHWA; 6. The Period of Performance begins the date this Project is federally programmed until the closure date; 7. Indirect Cost Rate a. If the City chooses to claim an indirect cost rate for reimbursement, it must do so in accordance with 2 CFR Part 200.414 and Section E, Appendices III-VIII. The City may use the current 10% de minimus indirect cost rate, unless the City has an indirect cost rate and approved by a cognizant agency and submits a copy of the indirect cost approval letter to MDT.
ARTICLE II. GENERAL OBLIGATIONS OF MDT 1. MDT will maintain all items within the roadway right of way for 19th Avenue (N-412) and Huffine Lane (N-50) including the roadway surface (pavement repair, pavement preservation, and snowplowing), and will maintain all features, including signals (if present) and non-decorative roadway lighting, unless otherwise noted herein. 2. If the City does not fulfill their maintenance requirements as stated herein, MDT may complete the required maintenance and seek compensation from the City. In doing so, MDT must first provide notice to the City allowing time to complete any such maintenance. If MDT performs such maintenance under this section, it must provide detailed invoices of such costs to the City. 3. MDT may complete any maintenance required due to a public emergency and seek compensation from the City for any costs incurred. In doing so, MDT may first provide notice to the City, when possible, allowing time to complete any such maintenance. If MDT performs maintenance under this section, it must provide detailed invoices of such costs to the City. 4. MDT is responsible for issuing all future encroachment and approach permits for 19th Avenue (N-412) and Huffine Lane (N-50) and ensuring the resulting actions do not interfere with roadway or pedestrian travel or decrease safety. 5. MDT will provide appropriate and timely input during the Project’s development.
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MDT-ENG-011 V 1.3 – Rev 9/12/23 Page 3 of 17
ARTICLE III. GENERAL OBLIGATIONS OF THE CITY 1. The City will design, award and administer the construction contract to construct the Project. 2. The City will provide MDT opportunities to participate in the Project’s development, including invitation to the final inspection of the Project. 3. The City will maintain all items within the roadway right of way for East Oak Street (U-1202) and West Oak Street (L-16-4668) including the roadway surface (pavement repair, pavement preservation, and snowplowing), and will maintain all features, including signals (if present) and non-decorative roadway lighting, unless otherwise noted herein. 4. The City is responsible for issuing all future encroachment and approach permits for East Oak Street (U-1202) and West Oak Street (L-16-4668) and ensuring the resulting actions do not interfere with roadway or pedestrian travel or decrease safety. 5. The City agrees to conform in all regards to Mont. Code Ann. Title 61, Chapter 8, and will not take any action, by enacting an ordinance or otherwise, in contradiction of the traffic laws in Mont. Code Ann. Title 61, Chapter 8. 6. The City will continue to enforce the ordinances, laws and/or regulations necessary and essential for the operations of the Project. 7. The City, at its sole expense, will maintain the City signs installed as part of this Project. For the purposes of this Agreement, “maintenance of signs”, is defined as: the inspection, cleaning, repair and replacement of signs damaged through weathering, vandalism, the wind, or other means. 8. The City, at its sole expense, must obtain and maintain all federal, state and local building permits or other permits of any type or nature required by a governing authority, except as noted in this Agreement. 9. The City agrees that no new permanent feature shall be permitted within the roadway right-of-way. 10. The City agrees to regulate utility occupancy on the right-of-way of East Oak Street (U-1202) and West Oak Street (L-16-4668) in conformance with occupancy regulations that comply with or are more restrictive than the requirements of the Administrative Rule of Montana, 18.7.201 thru 18.7.241, governing "Right of Way Occupancy by Utilities." 11. The City agrees that it will assume full and complete responsibility for the Project including any right of way acquired for the Project and ownership and responsibility for any permits obtained for the Project.
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ARTICLE IV. PROJECT-SPECIFIC PROVISIONS
1. Small Municipal Separate Storm Sewer System (MS4) Permit
a. The City agrees the Project will be designed in compliance with applicable Small MS4 Permit requirements.
b. The City agrees to operate, monitor and maintain storm water management features within the City’s right of way of the Project limits in compliance with applicable MS4 requirements.
ARTICLE V. PROJECT-SPECIFIC FEATURES
1. Shared-Use Path a. Upon completion of the Project, the City agrees that it is responsible, at no cost to MDT, to service, maintain, repair, and pay the cost of operating the path within the project limits, or cause such service, maintenance, or repair to be made, such that it does not negatively impact the operation of the path or the safety of the traveling public. If all or part of the shared use path becomes unsafe for use, the City agrees to restrict access to the affected area until the condition has been remedied. b. For the purposes of this Agreement, “maintenance of a shared-use path” is defined as: grinding or milling down displacements; surface patching; crack sealing; sweeping; cleaning; washing; replacing portions of damaged path; removal of snow and ice; repair of chipped, fractured, or broken surface from any cause, including but not limited to frost heaving, landscaping, tree roots, or encroachments; removal of debris and other obstructions or impediments to the safe travel of pedestrians or other path users; maintenance of all associated drainage features; maintenance of path-related signs; and any and all other normally accepted maintenance practices. c. For the purposes of this Agreement, “maintenance of shared-use path signs,” is defined as: the inspection, cleaning, repair and replacement of signs damaged through weathering, vandalism, wind, and other means
ARTICLE VI. FUNDING 1. The City agrees to pay the requisite 13.42% non-federal matching funds for the Project and associated indirect costs up to the allowable overrun percentage in accordance with Tables 1 and 2 below. 2. The City is responsible for 100% of non-federal aid eligible costs and for the payback of state and federal funds expended on non-federal aid eligible elements of the Project, if required.
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3. It is understood and agreed between the parties that Section 17-1-106, MCA, requires any state agency that receives non-general funds, including MDT, to identify and recover its indirect costs. These costs are in addition to the direct Project costs. 4. The City will be billed in advance for its local funds for MDT charges, including indirect costs and materials test rate. The billing for the Project’s preliminary engineering (PE phase) for MDT charges will be sent within 30 days of this Agreement being signed. The billing for the Project’s CE phase will be sent no fewer than sixty (60) days prior to the Project’s anticipated advertisement for letting. 5. The City will submit payment to the State within thirty (30) days of billing. Payments to this Project will be provided to the State in the form of a check to be credited to the Project. The payment(s) should be sent to MDT's Administration Division at: Montana Department of Transportation Attention: Collections 2701 Prospect Avenue P.O. Box 201001 Helena, MT 59620-1001 6. MDT will not submit programming requests to FHWA for individual project phases until the required local funds have been transferred to MDT. The Project will not advance past the Preliminary Engineering (PE) phase until a funding package (CN & CE) for all improvements, including contingencies and overruns, is in place to MDT’s satisfaction. 7. If payment is not made by the City within the thirty (30) day period, interest on the unpaid amount will accrue at the rate of 10% per year and continue to accrue until paid in full. 8. MDT will not participate in any future funding Agreement with the City until full payment, including any interest, is received from the City. 9. City agrees that, if the City terminates Project development at any time, it will reimburse MDT for all costs incurred by MDT up to the date of the stoppage, including any required payback of Federal funds already expended on the Project. 10. If, after initial payment is made for the Project’s construction (CN & CE phases), the bid opening or award by the City is delayed or postponed by thirty (30) days or more or canceled for any reason, the State agrees to refund the City initial payment within thirty (30) days, upon the City written request. 11. The current Project cost estimate, including IDC, materials test rate, and inflation, is shown in Table 1. This estimate will be updated, until Project closeout, at Project milestones and/or as more refined estimates become available. Any such revisions
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will be incorporated into this Agreement via Amendment, in accordance with the General Terms and Conditions. 12. The City's Project Manager will inform the State point of contact as soon as possible of anything that it appears will result in a cost increase and will discuss with the State the need for any possible additional funds, alternative designs, and/or reduction of the Project’s scope and will consider the City comments and concerns about the additional costs and/or alteration in scope or design. None of this will prevent, delay, or excuse the City from paying for any additional costs deemed necessary by State. 13. The City agrees to award the Project using Federal, State, and City matching funds, provided that the lowest responsive bid does not exceed the allowable overrun percentage shown in Table 2. 14. If the lowest responsive bid exceeds the allowable overrun percentage, as listed in Table 2, the City will contact the State to determine a funding solution agreeable to both Parties. 15. The Parties understand that it is possible that the estimated cost of the Project’s construction may be exceeded once the Project has begun.
Table 1 - Project Cost Estimate (Including IDC and Inflation)
Project Phase
Total Cost of
Phase
Federal/State
Funds
State
Matching
Funds
City
Matching
Funds
City
Additional
Funds Preliminary Engineering (PE) (MDT) $3,330 $2,883 $0 $447 $0 Preliminary Engineering (PE) (City) $29,968 $25,946 $0 $4,022 Construction (CN) $221,989 $192,198 $0 $29,791 $0 Construction Engineering (CE) (MDT) $1,110 $961 $0 $149 Construction Engineering (CE) (City) $21,089 $18,259 $0 $2,830 $0
Subtotal $277,486 $240,247 $0 $37,239 $0
IDC $602 $521 $0 $81 $0 Grand Total $278,088 $240,768 $0 $37,320 $0 The above costs are estimates and include inflation, current IDC, and materials test rate, which is included in the CN phase.
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Table 2 - MDT Guidelines for Awarding Construction Agreements
(Used to determine allowable overrun cost participation based on construction bid award amount)
LOWEST RESPONSIVE BID ALLOWABLE OVERRUN % UNDER $50,000 30% $50,000 - $200,000 25% $200,000 - $500,000 20% $500,000 - $2,000,000 15% OVER $2,000,000 10%
ARTICLE VII. GENERAL OBLIGATIONS OF THE PARTIES 1. The City shall meet the requirements for Federal-Aid funding set forth in this Agreement. The City and MDT agree that the Project is a pilot project for a revised Local Agency Guidelines (LAG) process and will utilize the guidance set forth in the existing MDT LAG Manual (September 2013) where applicable and practical. The City and MDT agree to work in partnership to resolve any requirements of the LAG Manual that are not practical or feasible in the delivery and administration of this project. 2. The Parties shall manage the delivery of the project phases and project areas of responsibility as identified below. a. Project Phases: i. [PL] Program Development (Planning) - MDT ii. [PE] Project Development (NEPA, Design, Permitting) - CITY iii. [RW] Right of Way Acquisition – CITY iv. [IC] Utilities – CITY v. [CN/CE] Advertising Bid & Award – CITY vi. [CN & CE] Construction Contract Admin and Closeout - CITY b. City Project Area Responsibilities : i. Consultant selection and contract administration; ii. Design; iii. Environmental document preparation; iv. Advertisement, bid, and award; v. Civil Rights project management oversight, which includes compliance with the Americans with Disabilities Act (ADA), Disadvantaged Business Enterprise (DBE), Equal Employment Opportunity (EEO), On the Job Training (OJT), and Title VI Programs; vi. Construction contract administration.
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c. MDT Project Area Responsibilities: i. Civil Rights reporting for ADA, DBE, EEO, OJT, and Title VI Programs; ii. Approval of Environmental documents and/or submittal of certification to FHWA that the action qualifies for a Categorical Exclusion (CE) for projects as allowed in section IV.A. of the Programmatic Agreement Regarding the Processing of Action Classified as Categorical Exclusions for Federal-Aid Highway Projects and Amendment 1. iii. Final Environmental certifications; iv. Final certification of Right of Way (RW) transactions; v. Final certification of Utilities; vi. Requests for authorization of FHWA funds; vii. Public interest findings determinations; viii. Project final acceptance.
d. FHWA Project Area Responsibilities: i. Approval of National Environmental Policy Act (NEPA) environmental documents as described in Section IV.B of the Programmatic Agreement Regarding the Processing of Action Classified as Categorical Exclusions for Federal-Aid Highway Projects and Amendment 1. and coordination of Endangered Species Act (ESA) consultation with USFWS. ii. Approval of MDT’s ADA, DBE, EEO, OJT, and Title VI programs iii. Authorization of FHWA funds iv. “Buy America” waiver requests v. Experimental features and special experimental projects vi. Periodic audits of program and specific projects 3. The Parties agree to the following project personnel and communication structure: a. Project Manager – will be appointed and retained by the City and is the person with responsible charge as defined in 23 CFR 172.9. The City may appoint and retain different Project Managers for various project phases and will inform MDT of any change in Project Management. b. Local Agency Liaison – will be appointed and retained by MDT to provide assistance as requested by the City. This liaison may be different MDT personnel during the design and construction phases.
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c. MDT Program Manager – will work directly with the Project Manager and Local Agency Liaison as needed. d. City Engineer – will provide principal oversight dedicating reasonable support and resources necessary for successful delivery of the project. 4. CITY LAG OBLIGATIONS a. The City shall meet the requirements set forth in the MDT LAG Manual (September 2013) where applicable and practical. The City and MDT agree to work in partnership to resolve any requirements of the LAG Manual that are not practical or feasible in the delivery and administration of this PROJECT. b. The City shall track internal costs and project expenses in an accounting system that can allocate costs by project and can code between allowable and unallowable costs. c. The City shall provide initial project budget estimates to MDT broken out by phase and by work planned to be performed with internal City staff and work planned to be performed by consultants and/or contractors. d. The City shall present reimbursement requests for the Eligible Costs incurred by Agency on behalf of the Project directly to MDT’s Local Agency Liaison for review and approval. Such invoices shall identify the Project, UPN Number, Agreement number, project phase, amount charged to each phase (e.g., PE, RW, CN), reimbursement request number, and itemize all expenses for which reimbursement is claimed. The City shall submit invoices to MDT no less than monthly but not greater than quarterly, based on actual expenses incurred, and must clearly specify the percentage of completion of the Project. The City shall also include with the invoice a project progress report or summary that describes work accomplished for the invoicing period, and work expected for the next invoicing period. i. Eligible Costs are the City’s actual project costs that are: 1. Reasonable, necessary and directly incurred in the development of the Project; 2. Documented in accordance with generally accepted accounting principles established by the Governmental Accounting Standards Board; and 3. Eligible or allowed uses of Federal and state of Montana Funds.
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i. Eligible Costs may include Indirect Costs (IDC) rates that have been approved by MDT. When an approved IDC does not exist, the City may request an IDC rate of 10% de minimus, in accordance with 2 CFR 200. ii. MDT, in its sole discretion, determines whether a particular cost satisfies the criteria set forth in this Paragraph and is an Eligible Cost. iii. The City may appeal any determination of an Ineligible Cost for further review, upon which, MDT will provide a detailed explanation of the determination, including any statute or program guidelines used to make such determination. e. The City shall have a written policy for the selection of engineering consultants that meet the requirements of 23 CFR 172. The City may choose to adopt MDT’s consultant selection policy, modified (in writing) to be applicable to City personnel. f. The City shall meet the requirements of 23 CFR Part 636 and Title 18, MCA, regarding design-build contracts. The City shall have a written procedure for design-build contracts, if applicable to this project, or may choose to adopt MDT’s design-build guidelines. g. The City shall develop a project delivery schedule, and status it no less than on a quarterly basis. The schedule will include milestones of major project phases (PE, RW, I/C, CN, and CE). h. The City shall provide notice to MDT when subsequent project phases (RW, IC, CN, CE) are ready to be programmed. i. The City shall not place or plan to place permanent project features outside documented public RW. If additional RW (fee acquisition, easement, or temporary permits) are required to be completed, a RW phase will be initiated. j. The City shall be financially responsible for any federal payback deemed to be the result of the City’s negligence in adhering to requirements set forth in this amended Agreement. k. The City shall not begin RW, IC, CE, or CN until the Project NEPA/MEPA document has been signed and approved. The City is encouraged not to begin final design activities until NEPA/MEPA document signature. l. If performing these phases, the City shall be responsible for the necessary effort to complete environmental, RW, railroad, and utility certification prior to requesting programming for the construction (CN) phase. However, MDT shall be responsible for final approval of environmental, RW, railroad and utility certification. m. The City will utilize the Montana Public Works Standard Specifications, MDT Standard Specifications, or any combination thereof, for the
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administration of the Project including construction inspection and materials testing. n. The City shall include MDT in preliminary plan reviews and document comment resolutions. The peripheral of MDT’s review shall include Americans with Disabilities Act (ADA) compliance, constructability, quantities, materials, and roadway geometrics. o. The City shall develop the Project plans and specifications in accordance with all applicable federal/national regulations and guidelines, including but not limited to ADA, Public Rights-of-Way Accessibility Guidelines (PROWAG), Manual on Uniform Traffic Control Devices (MUTCD), “Buy America”/”Buy American”, etc. p. The City shall support MDT in delivering this Project in accordance with all federal and state requirements encumbered upon agencies utilizing federal-aid funding. 5. MDT LAG OBLIGATIONS a. MDT shall submit project phase programming requests to FHWA. b. MDT shall provide timely cost reimbursements back to the City upon properly completed reimbursement requests. c. MDT shall verify the completeness of the NEPA/MEPA documentation and provide a recommendation to the City when to begin work on final design activities. d. MDT shall provide final certification of the environmental, RW, railroad, and utilities, based on information and recommendations provided from the City. e. MDT shall be financially responsible for any federal payback deemed to be the result of MDT’s negligence in adhering to requirements set forth in this Agreement. f. MDT shall consolidate all project comments during plan reviews to avoid conflicting direction, as well as strive to have comments provided no later than 14-days from the release of an agreed upon plan package release date. g. MDT shall support the City in its efforts to successfully complete this Project by being responsive and providing guidance as requested. h. Upon request, MDT shall promptly provide personnel for a final Project walk through and completion certification.
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ARTICLE VIII. GENERAL TERMS AND CONDITIONS 1. Term – The term of this Agreement shall be ten (10) years. After the initial ten (10) year term, this Agreement will renew automatically, for successive one (1) year terms, unless superseded by a new Agreement between the parties. 2. Termination – This Agreement may be terminated by MDT if the City violates or breaches any term, condition, or article of this Agreement and the City has failed to correct (or reasonably initiate correction) within 60 days of receiving notice in writing addressed to the City’s representative, of such violation or breach of any term, condition, or article of this Agreement. If this Agreement is terminated, the improvements become the property of MDT, without reimbursement. MDT will maintain the property as it sees fit and may remove the improvements without City or landowner approval. MDT may seek compensation for maintenance or removal of the improvements from the City. 3. Other Agreements – Other Agreements pertaining to the project area remain in full force and effect. In the case of a conflict between this Agreement and a previously executed Agreement, the terms of this Agreement apply. 4. Hold Harmless & Indemnification a. The City agrees to protect, defend, indemnify, and hold MDT, its elected and appointed officials, agents, and employees, while acting within their duties as such, harmless from and against all claims, liabilities, demands, causes of action, and judgments ( including the cost of defense and reasonable attorney fees) arising in favor of or asserted by the City’s employees or third parties on account of personal or bodily injury, death or damage to property, arising out of the acts or omissions of the City, its agents, or sub-contractors, under this Agreement, except the negligence of MDT. b. The State and Department of Transportation agrees to protect, defend, indemnify, and hold the City, its elected and appointed officials, agents, and employees, while acting within their duties as such, harmless from and against all claims, liabilities, demands, causes of action, and judgments ( including the cost of defense and reasonable attorney fees) arising in favor of or asserted by the MDT’s employees or third parties on account of personal or bodily injury, death or damage to property, arising out of the acts or omissions of MDT, its agents, or sub-contractors, under this Agreement, except the negligence of the City. 5. Insurance a. General Requirements: Each party shall maintain for the duration of this Agreement, at its own cost and expense, insurance against claims for injuries
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to persons or damages to property that may arise from or in connection with the performance of the duties and obligations in this Agreement by each party, its agents, employees, representatives, assigns, or sub-contractors. This insurance shall cover such claims as may be caused by any negligent act or omission. b. General Liability Insurance: Each party shall purchase and maintain occurrence coverage with combined single limits for bodily injury, personal injury, and property damage of $1 million per occurrence and $2 million aggregate per year to cover such claims as may be caused by or arising out of any negligent acts or omissions in work or services performed under this Agreement, or as established by statutory tort limits as provided by a public entity self-insurance program either individually or on a pool basis as provided by Mont. Code Ann. Title 2, Chapter 9. c. General Provisions: All insurance coverage must be with a carrier licensed to do business in the State of Montana or by a public entity self-insured program either individually or on a pool basis. Each party must notify the other immediately of any material change in insurance coverage, such as changes in limits, coverage, change in status of policy, etc. Each party reserves the right to request complete copies of the other party’s insurance policy or self-insured memorandum of coverage at any time. d. Workers’ Compensation Insurance: The City must maintain workers’ compensation insurance and require its contractors and its contractor’s sub-contractors to carry their own workers compensation coverage while performing work within MDT right-of-way in accordance with Mont. Code Ann. §§39-71-401 and 39-71-405. Neither the contractor nor its employees are employees of MDT. This insurance/exemption must be valid for the entire Agreement period. 6. Public Safety It is agreed, if any repairs to the elements of the Project must be performed to address or prevent a public hazard, the City will immediately protect the area from public access, contact the appropriate MDT District Maintenance Office, and make reasonable and timely effort to correct or repair the hazard. 7. Invoicing and Indirect Cost (IDC) a. If MDT incurs any costs resulting from this Agreement, MDT shall be entitled to be compensated for such costs by the City and the City shall pay the same within thirty (30) days of its receipt of such invoices. Mont. Code Ann. §17-1-106, requires any state agency, including MDT, which receives non-general funds to identify and recover its indirect costs (IDC). These costs are in addition to direct project costs. MDT’s IDC rate is determined annually as a percentage of the project’s direct costs to cover the project’s share of MDT’s IDC as defined by 2 CFR Part 200, Appendix VII. MDT’s current IDC rate is 13.56%
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for fiscal year 2024 (July 1, 2013 to June 30, 2024). If the work occurs or extends into fiscal year 2025 or beyond the IDC rate will be charged at the rate agreed to by MDT and the Federal Highway Administration (FHWA). i. Invoice will be sent to: City of Bozeman Attn: Taylor Lonsdale P.O. Box 1230 Bozeman, MT 59771-1230 tlonsdale@bozeman.net ii. Payments shall be made to: Montana Department of Transportation Attention: Collections 2701 Prospect Avenue PO Box 201001 Helena, MT 59620-1001 8. Choice of Law and Venue – This Agreement shall be governed by the laws of Montana. The parties agree that any litigation concerning this Agreement must be brought in the First Judicial District Court, in and for the County of Lewis and Clark, State of Montana, and each party shall pay its own costs and attorney fees except as otherwise noted in this agreement. In case of conflict between the terms and conditions of this Agreement and the laws of the State of Montana, the laws of the State of Montana shall control. 9. Binding Effect -- The benefits and obligations set forth in this Agreement shall be binding upon, and inure to the benefit of, their respective successors, administrators and assigns of the Parties. 10. Relationship of Parties -- Nothing contained in this Agreement shall be deemed or construed (either by the parties hereto or by any third party) to create the relationship of principal and agent or create any partnership joint venture or other association between the Parties. 11. Non-Discrimination – The City will require that during the performance of any work arising out of this Agreement the City, for itself, assignees, and successors shall comply with all applicable non-discrimination regulation set forth in Attachment “A” attached hereto and made part of this Agreement. 12. ADA - MDT requires that any construction resulting from this Agreement must include appropriate pedestrian facilities that meet or exceed current MDT standards for accessibility as set forth by the United States Department of Justice 2010 ADA Standards for Accessible Design, United States Access Board Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way, and MDT’s Detailed Drawings, 608 series.
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13. Audit – The City grants to the Legislative Auditor and the Legislative Fiscal Analysts the right, without prior notice and during normal business hours, to audit, at their own costs and expense, all records, reports, and other documents, the City maintains in connection with this Agreement. 14. Utilities -- This Agreement is subject to the right of any private or public utility entity now lawfully occupying the right-of-way to continue to operate and maintain utility facilities thereupon. Copies of existing utility permits may be obtained from the MDT District Utility Agent. 15. Amendment and Modification -- This Agreement may be modified or amended only by written Addendum signed by the parties. In addition to the terms and conditions contained herein, the provisions of any Addendum may be incorporated and made a part hereof by this reference in the terms of the amendment so provided. In the event of any conflict between the terms and conditions hereof and the provisions of any Addendum, the provision of the Addendum shall control, unless the provisions thereof are prohibited by law. 16. Access and Retention of Records – The City agrees to provide the State, Legislative Auditor, or their authorized agents access to any records necessary to determine compliance with the Agreement. The City agrees to create and retain records supporting this Agreement for a period of three (3) years after the completion date of the Agreement or the conclusion of any claim, litigation or exception relating to the State of Montana or a third party. 17. Representatives a. City’s Representative: The City’s Representative for this Agreement shall be the City Manager or designee 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, MDT may direct its communication or submission to other designated City personnel or agents. b. MDT’s Representative: The MDT Representative for this Agreement shall be the District Administrator or Maintenance Chief or such other individual as MDT shall designate in writing. Whenever direction to or communication with MDT is required by this Agreement, such direction or communication shall be directed to MDT’s Representative; provided, however, that in exigent circumstances when MDT’s Representative is not available, City may direct its direction or communication or submission to other designated MDT personnel or agents. 18. Counterpart Execution – This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same Agreement. The counterparts of this Agreement may be
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executed and delivered by facsimile or other electronic signature, in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA, by any of the parties to any other party and the receiving party may rely on the receipt of such document so executed and delivered by facsimile or other electronic means as if the original had been received.
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IN WITNESS WHEREOF, MDT’s authorized representative has hereunto signed on behalf of the State of Montana, and the City’s authorized representative on behalf of the City, has signed and affixed hereto the seal of the City.
STATE OF MONTANA, DEPARTMENT OF TRANSPORTATION By Montana Department of Transportation Date Approved for Legal Content Approved for Civil Rights
CITY OF BOZEMAN Chuck Winn Interim City Manager Attest: Mike Maas City Clerk
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ATTACHMENT A: MDT NONDISCRIMINATION AND DISABILITY ACCOMMODATION NOTICE
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MDT NONDISCRIMINATION AND
DISABILITY ACCOMMODATION NOTICE
Montana Department of Transportation (“MDT”) is committed to conducting all of its business in an
environment free from discrimination, harassment, and retaliation. In accordance with State and
Federal law MDT prohibits any and all discrimination and protections are all inclusive (hereafter
“protected classes”) by its employees or anyone with whom MDT does business:
Federal protected classes State protected classes
Race, color, national origin,
sex, sexual orientation, gender identity,
age, disability, income-level & Limited
English Proficiency
Race, color, national origin, parental/marital status,
pregnancy, childbirth, or medical conditions related to
pregnancy or childbirth, religion/creed, social origin or
condition, genetic information, sex, sexual orientation,
gender identification or expression, ancestry, age,
disability mental or physical, political or religious
affiliations or ideas, military service or veteran status,
vaccination status or possession of immunity passport
For the duration of this contract/agreement, the PARTY agrees as follows:
(1) Compliance with Regulations: The PARTY (hereinafter includes consultant) will comply with all
Acts and Regulations of the United States and the State of Montana relative to Non-
Discrimination in Federally and State-assisted programs of the U.S. Department of
Transportation and the State of Montana, as they may be amended from time to time, which are
herein incorporated by reference and made a part of this contract.
(2) Non-discrimination:
a. The PARTY, with regard to the work performed by it during the contract, will not
discriminate, directly or indirectly, on the grounds of any of the protected classes in the
selection and retention of subcontractors, including procurements of materials and
leases of equipment, employment, and all other activities being performed under this
contract/agreement.
b. The PARTY will provide notice to its employees and the members of the public that it
serves that will include the following:
i. A statement that the PARTY does not discriminate on the grounds of any
protected classes.
ii. A statement that the PARTY will provide employees and members of the public
that it serves with reasonable accommodations for any known disability, upon
request, pursuant to the Americans with Disabilities Act as Amended (ADA).
iii. Contact information for the PARTY’s representative tasked with handling non-
discrimination complaints and providing reasonable accommodations under the
ADA.
iv. Information on how to request information in alternative accessible formats.
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c. In accordance with Mont. Code Ann. § 49-3-207, the PARTY will include a provision, in all
of its hiring/subcontracting notices, that all hiring/subcontracting will be on the basis of
merit and qualifications and that the PARTY does not discriminate on the grounds of any
protected class.
(3) Participation by Disadvantaged Business Enterprises (DBEs):
a. If the PARTY receives federal financial assistance as part of this contract/agreement, the
PARTY will make all reasonable efforts to utilize DBE firms certified by MDT for its
subcontracting services. The list of all currently certified DBE firms is located on the MDT
website at mdt.mt.gov/business/contracting/civil/dbe.shtml
b. By signing this agreement, the PARTY assures MDT that:
The contractor, sub recipient or subcontractor shall not discriminate on the basis of
race, color, national origin, or sex in the performance of this contract. The contractor
shall carry out applicable requirements of 49 CFR part 26 in the award and
administration of DOT-assisted contracts. Failure by the contractor to carry out these
requirements is a material breach of this contract, which may result in the termination
of this contract or such other remedy as the recipient deems appropriate.
c. The PARTY must include the above assurance in each contract/agreement the PARTY
enters.
(4) Solicitation for Subcontracts, Including Procurement of Materials and Equipment: In all
solicitations, either by competitive bidding, or negotiation, made by the PARTY for work to be
performed under a subcontract, including procurements of materials, or leases of equipment,
each potential subcontractor or supplier will be notified by the PARTY of the PARTY’s obligation
under this contract/agreement and all Acts and Regulations of the United States and the State of
Montana related to Non-Discrimination.
(5) Information and Reports: The PARTY will provide all information and reports required by the
Acts, Regulations, and directives issued pursuant thereto and will permit access to its books,
records, accounts, other sources of information and its facilities as may be determined by MDT or
relevant US DOT Administration to be pertinent to ascertain compliance with such Acts,
Regulations, and instructions. Where any information required of a contractor is in the exclusive
possession of another who fails or refuses to furnish the information, the PARTY will so certify to
MDT or relevant US DOT Administration, as appropriate, and will set forth what efforts it has
made to obtain the information.
(6) Sanctions for Noncompliance: In the event of a PARTY’s noncompliance with the Non- discrimination
provisions of this contract/agreement, MDT will impose such sanctions as it or the relevant US DOT
Administration may determine to be appropriate, including, but not limited to:
a. Withholding payments to the PARTY under the contract/agreement until the PARTY
complies; and/or
b. Cancelling, terminating, or suspending the contract/agreement, in whole or in part.
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(7) Pertinent Non-Discrimination Authorities: During the performance of this contract/agreement,
the PARTY, for itself, its assignees, and successor in interest, agrees to comply with the following
non-discrimination statutes and authorities; including but not limited to:
Federal
- Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 CFR Part 21;
- The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C.
§ 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired
because of Federal or Federal-aid programs and projects);
- Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis
of sex);
- Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CFR Part 27;
- The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
- Airport and Airways Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
- The Civil Rights Restoration Act of 1987, (PL 100-209), (broadened the scope, coverage, and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975, and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms
“programs or activities” to include all of the programs or activities of the Federal-aid recipients,
sub-recipients, and contractors, whether such programs or activities are Federally funded or
not);
- Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on the basis
of disability in the operation of public entities, public and private transportation systems, places
of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as
implemented by Department of Transportation regulations at 49 CFR parts 37 and 38;
- The Federal Aviation Administration’s Non-Discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
- Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, which prevents discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high and
adverse human health or environmental effects on minority and low-income populations;
- Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes
discrimination because of Limited English Proficiency (LEP). To ensure compliance with Title VI,
you must take reasonable steps to ensure that LEP persons have meaningful access to your
programs (70 Fed. Reg. at 74087 to 74100);
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- Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. § 1681 et seq.).
- Executive Order 13672 prohibits discrimination in the civilian federal workforce on the basis of
gender identity and in hiring by federal contractors on the basis of both sexual orientation and
gender identity.
State
- Mont. Code Ann. § 49-3-205 Governmental services;
- Mont. Code Ann. § 49-3-206 Distribution of governmental funds;
- Mont. Code Ann. § 49-3-207 Nondiscrimination provision in all public contracts.
(8) Incorporation of Provisions: The PARTY will include the provisions of paragraph one through
seven in every subcontract, including procurements of materials and leases of equipment,
unless exempt by the Acts, the Regulations and/or directives issued pursuant thereto. The
PARTY will take action with respect to any subcontract or procurement as MDT or the relevant
US DOT Administration may direct as a means of enforcing such provisions including sanctions
for noncompliance. Provided, that if the PARTY becomes involved in, or is threatened with
litigation by a subcontractor, or supplier because of such direction, the PARTY may request MDT
to enter into any litigation to protect the interests of MDT. In addition, the PARTY may request
the United States to enter into the litigation to protect the interests of the United States.
95
Atachment B
Project Map
Project Loca�on 1 of 2
96
Atachment B
Project Loca�on Descrip�on
Descrip�on Signed Route Department
Route
Route ID Reference Post
+ Offset
Accumulated
miles
19th Ave Path Begin N-412A C001201A 1+0.726 0.726
19th Ave Path End N-412A C001201A 2+0.026 2.026
E Oak St Path Begin U-1202A C001202A N/A 0.000
E Oak St Path End U-1202A C001202A N/A 0.794
W Oak St Path Begin L-16-4668A C068285A N/A 1.038
W Oak St Path End L-16-4668A C068285A N/A 2.023
Huffine Ln Path Begin US-191 N-50A C000050A 85+0.849 86.032
Huffine Ln Path End US-191 N-50A C000050A 87+0.212 87.387
1 of 2
97
Grant # (issued by City Clerk)
Grant Name
Grant Project Manager Department
Person Responsible for Financial Reporting
Person Responsible for Performance Reporting & Close Out
*Note: this person is also reseponsible for record retention requirements.
Grant Source Federal State Other
CDFA # (Federal Only)Fiscal year of award
Grant Amount Included in Budget?
Match Requirement (%)Budget Account Code
Match Amount
Cost reimbursement basis? Select yes if the City needs to apply for reimbursement after expenditures occur.
Work with finance if unsure.New account codes and/or project codes required to track revenue and expenses?
Desctibe the requirements for grant reporting, reimbursements, and how they are completed (i.e. through a website? Email?):
Process Phase / Signature Matrix
City Clerk Commission Date
Notice of Intent
Application
Award/Contract
City Manager
City of BozemanGrant Routing Form
Department Director
(I understand and will carry out the provisions of the grant)
Finance Director
Grant Routing Form May 2023
Describe the nature of the grant and eligible uses:
2023-06
2023 Transportation Alternatives - Pavement Preservation Grant
Taylor Lonsdale Transportation and Engineering
Taylor Lonsdale
Taylor Lonsdale
2024
$240,247 Yes
20.00%111-4110-433.80-90 STR20
$ 37,320.00
No
No
The grant is federal transportation funds through the Surface Transportation Block Grant
Program. It is awarded through the Montana Department of Transportation. This award is
specifically for paved pathway maintenance along Huffine Lane, N 19th Ave, and Oak St.
Reimbursements and reporting will be through the Transportation Alternatives Section with the
Montana Department of Transportation.
04/02/2024
DocuSign Envelope ID: D5242B35-0FA2-4A5F-AE2C-179D0990450F
98
Memorandum
REPORT TO:City Commission
FROM:Chuck Winn, Acting City Manager
SUBJECT:Authorize the City Manager to Sign a Memorandum of Understanding
Between Gallatin County and City of Bozeman to Develop a Governance
Structure for the Gallatin Abatement Region for the Disbursement of
Montana Opioid Abatement Trust Funds
MEETING DATE:April 2, 2024
AGENDA ITEM TYPE:Agreement - Agency/Non-profit
RECOMMENDATION:Authorize City Manager to sign the Memorandum of Understanding (MOU)
between Gallatin County and the City of Bozeman to create a governance
structure to receive and disburse funds from the Montana Opioid
Abatement Trust in accordance with the Montana Distributors' and Janssen
Opioids Settlement MOU (attached).
STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other
public agencies and build on these successes.
BACKGROUND:The Montana Opioid Trust (MOAT) disburses funds to local Montana
communities to "reduce the harm caused by opioid misuse and addiction
through prevention, treatment and recovery initiatives." The Montana
Attorney General has designated the City of Bozeman and Gallatin County as
the Gallatin Metro Abatement Region for purposes of MOAT. The Gallatin
Metro Abatement Region is required to adopt a governance structure that
will make funding recommendations to the State Trust Committee for final
review and approval of disbursement funds from MOAT to appropriate
services.
Entities desiring funds must submit applications to the governance structure
which will select which projects/entities will be considered for funding from
the Region’s share. These funding requests are subject to eligibility review
and approval by the State advisory committee.
The City and County have been working collaboratively to draft this MOU in
compliance of all requirements of the Montana Attorney General.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the Commission
99
FISCAL EFFECTS:There is currently $460,000 available to the Gallatin County Metro Region.
Attachments:
MOAT MOU Gallatin Metro Abatement Region_FINAL.docx
Original MOU 2021_11_26-Distributors-MT-MOU.pdf
Report compiled on: March 25, 2024
100
MEMORANDUM OF UNDERSTANDING
This memorandum of understanding (MOU) is made and entered into this ____ day of ______,
2024 (“Effective Date”), between Gallatin County (“County”), with a business address of 311 W.
Main Street, Bozeman MT 59715, and the City of Bozeman (“City”), with a business address of
121 N. Rouse Ave., Bozeman, MT 59715, collectively referred to as the “Parties.”
WHEREAS, the Montana Opioid Abatement Trust (“MOAT”) disburses funds to local
Montana communities to reduce the harm caused by opioid misuse and addiction through
prevention, treatment, and recovery initiatives; and
WHEREAS, the County of Gallatin (the “County”) and the City of Bozeman (the “City”)
aredesignated by the State of Montana Attorney General MOU (“AGO MOU”)and corresponding
Exhibit A, dated November 26, 2021, as the Gallatin Metro Abatement Region for purposes of
MOAT; and
WHEREAS, the application process calls for all eligible applications submitted within a
given Metro Abatement Region to be reviewed and recommended for funding by a local
governance structure for that Metro Abatement Region; and
WHEREAS, the Gallatin Metro Abatement Region is tasked with developing such a
governance structure that will make funding recommendations to the State Trust Advisory
Committee for final review and approval of disbursement funds from MOAT to appropriate
services;
NOW THEREFORE THE PARTIES AGREE AS FOLLOWS:
1.Purpose:The purpose of this MOU is to create a governance structure for the Gallatin
Metro Abatement Region, to oversee the allocation of MOAT funding.
2.Structure:The parties have agreed on a five-member Committee, to include:
a. One elected official from the Gallatin County Commission;
b. The Gallatin County Administrator or their designee;
c.One elected official from the Bozeman City Commission;
d.The Bozeman City Manager or their designee;
e. The coordinator of the Gallatin Behavioral Health Coalition.
3.Committee Chair: A chairperson will be selected by the Committee members on an
annual basis. The Committee Chair will have the following responsibilities:
a. The Committee Chair will be the individual who receives and distributes
applications to the rest of the Committee members.
b. The Committee Chair will be responsible for communicating information with the
Committee members and to the fiscal agent.
101
c. The Committee chair will be responsible for notifying the Committee and
appropriate staff when a vacancy on the Committee exists.
4.Committee Members: Each Committee member shall be appointed by the appropriate
City or County Commission to serve a three-year term. At the end of the Committee
member’s term, they will need to advise the Committee Chair whether they wish to seek
another three-year term.
5.Fiscal Agent:The Fiscal Agent for the Committee shall be the Gallatin County Chief
Financial Officer or their designee. The Fiscal Agent is responsible for communicating
with the State MOAT Director, including submitting any approved applications to the
State.
6.Meeting Requirements:The Committee will determine a meeting cadence appropriate
with the MOAT funding cycle. Committee meetings are public meetings and subject to
the requirements found in state statute and any local ordinance governing such meetings.
7.Administrative Support:Administrative support will be provided by the County or the
City on an as needed basis, as requested by the Committee.
8.Effective Date:The terms of this MOU will become effective the date the MOU is
signed by all Parties.
9.Modification:This MOU, upon execution, contains the entire agreement of the parties
and no prior written or oral agreement, express or implied, shall be admissible to
contradict the provisions of this MOU. This MOU may be modified only upon the mutual
written consent of the Parties.
10.Term:This MOU will remain in effect until the Committee has designated all available
MOAT funds available to the Gallatin Metro Abatement Region. Any Party may
terminate this MOU upon thirty (30) days written notice to the other Parties.
11.Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic
Transactions Act, Title 30, Chapter 18, Part 1, MCA.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
FOR GALLATIN COUNTY, MONTANA
102
By:____________________Date:_____________________
Chair, Board of County Commissioners
FOR CITY OF BOZEMAN, MONTANA
By:____________________Date:_____________________
Bozeman City Manager
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MONTANA DISTRIBUTORS’ AND JANSSEN OPIOIDS SETTLEMENT MEMORANDUM OF UNDERSTANDING
(“MOU”)
WHEREAS the people of the State of Montana and its communities have
been harmed by serious and substantial wrongdoing committed by certain entities
within the Pharmaceutical Supply Chain; and,
WHEREAS the State of Montana, through the State’s Attorney’s Office of
the Montana Attorney General, and certain litigating cities and counties, through
their elected representatives and counsel, are separately engaged in litigation
seeking to hold manufacturers, distributors, and others in the Pharmaceutical
Supply Chain accountable for the harms caused by their wrongdoing; and,
WHEREAS the State of Montana and Montana’s cities and counties
(hereafter Local Governments) share a common desire to abate and remediate the
impacts of that wrongdoing throughout the State of Montana and to maximize the
resources devoted to combatting the opioid crisis; and,
WHEREAS researchers and clinicians in Montana and elsewhere have now
built a substantial body of evidence demonstrating which opioid abatement
strategies work and which do not and there are public health leaders in the State
and at the local level with expertise in addiction and substance use available to
guide determinations for the use of any settlement funds; and,
WHEREAS recently the State of Montana agreed to join a settlement
agreement process (hereafter Settlement Agreements) which, if finalized, will
resolve litigation against certain specific defendants in the Pharmaceutical Supply
Chain, namely the opioid distributors McKesson Corporation, Cardinal Health,
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MONTANA DISTRIBUTORS AND JANSSEN OPIOID SETTLEMENT MEMORANDUM OF UNDERSTANDING | 2
Inc., and Amerisource Bergen Corporation and also Janssen and the related
entities listed in the Section I. 32 of the Janssen Settlement Agreement1 (hereafter
the Opioid Settlement Defendants) for harms caused by their wrongdoing that
require – with limited exception-- that all settlement funds be used for forward-
looking remediation and abatement of opioid associated harms; and
WHEREAS maximum monetary payments available to the State of
Montana and its Local Governments depend upon maximum Local Government
participation in the Settlement Agreements and in this Memorandum of
Understanding (MOU);
NOW THEREFORE the State of Montana and its Local Governments, subject
to completing any additional documents needed to effectuate their agreement, enter
into this MOU for the allocation, management, and use of the proceeds of the
Settlement Agreements: (a) to develop a fair and transparent process for making
decisions based on medical and scientific evidence concerning where and how to
spend the funds from the Settlement Agreements to effectuate forward-looking
abatement strategies and to supplement rather than replace existing spending; (b)
to establish a dedicated Montana Abatement Trust with representation that reflects
the public health expertise and diversity of affected communities when allocating
settlement funds that meets the requirements of Section V.E.2d. of the Settlement
Agreements; and (c) to provide a framework for equitable distribution of funds from
the Settlement Agreements among all participating Local Governments within the
1 “Janssen” means Johnson & Johnson, Janssen Pharmaceuticals, Inc., OrthoMcNeil-Janssen Pharmaceuticals, Inc., and Janssen Pharmaceutica, Inc.
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MONTANA DISTRIBUTORS AND JANSSEN OPIOID SETTLEMENT MEMORANDUM OF UNDERSTANDING | 3
State of Montana that agree to be bound by this MOU and forego pursuing separate
litigation against any of the settling defendants named above.
A. DEFINITIONS AND DESCRIPTIONS
1. “The State” shall mean the State of Montana acting through the
Attorney General.
2. “Participating Local Governments” shall mean any Montana county
or city that has chosen to participate in this MOU and the Settlement
Agreements, including execution of all documents required to effectuate the
Settlement Agreements and this MOU.
3. “The Parties” shall mean the State of Montana and the Participating
Local Governments.
4. “Settlement Agreements” shall mean the Distributor Settlement
Agreement dated as of July 21, 2021, and the Janssen Settlement Agreement
dated as of July 21, 2021.
5. “Settlement Funds” shall mean all monetary amounts obtained
through the Settlement Agreements as defined herein, according to the allocation
percentage to the State provided for in Section F of the Settlement Agreements, and
as determined by the Settlement Fund Administrator.
6. The “Settlement Funds Administrator” shall mean the person or
entity in I. MMM of the Definitions section of the Settlement Agreements chosen
by the settling defendants and the national plaintiffs’ enforcement committee to
determine the proper allocation of funds from the Settlement Agreements to each
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MONTANA DISTRIBUTORS AND JANSSEN OPIOID SETTLEMENT MEMORANDUM OF UNDERSTANDING | 4
participating state and to manage the distribution of the Settlement Funds to all
participating states.
7. “Opioid Remediation” as defined or referenced in the Settlement
Agreements shall include care, treatment, and other forward-looking programs and
expenditures for Approved Purposes, including: to (1) address the misuse and abuse
of prescription opioid products, (2) treat or mitigate opioid misuse or related
disorders, or (3) mitigate other injuries or harms resulting from the overprescribing
of opioids, including diversion and the misuse or abuse of Fentanyl or Fentanyl-
containing products or substances. Opioid Remediation efforts shall involve
evidence-based strategies, programming, and services used to: expand the
availability of treatment for individuals affected by opioid use or polysubstance use
disorders; develop, promote, and provide opioid-related or polysubstance use
prevention strategies; provide opioid-related or polysubstance use avoidance and
awareness education; decrease the oversupply of licit and illicit opioids, including
Fentanyl or products or substances containing Fentanyl; support recovery through
addiction services performed by qualified and appropriately licensed providers of
persons suffering from opioid-related use disorder, polysubstance abuse, or chronic-
pain patients and others who suffer from or are at substantial risk of opioid abuse
or dependency; and support for law enforcements addressing the impact of opioid-
related substance abuse in the communities they serve, including misuse or illicit
use of heroin and/or Fentanyl. Exhibit E in the Settlements Agreements provides a
non-exhaustive list of expenditures that qualify as Opioid Remediation. Qualifying
expenditures may include reasonably related administrative expenses.
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MONTANA DISTRIBUTORS AND JANSSEN OPIOID SETTLEMENT MEMORANDUM OF UNDERSTANDING | 5
8. “Approved Purposes” shall mean forward-looking strategies,
programming, and services to abate the opioid epidemic as identified by the
terms of the Settlement Agreements.
9. “Opioid Settlement Defendants” shall mean McKesson Corporation,
Cardinal Health Inc., Amerisource Bergen Corporation, and Janssen and their
related entities and affiliates as delineated in the Settlement Agreements.
B. MONTANA ABATEMENT REGIONS
1. Local and regional use of Opioid Settlement Funds shall be
implemented through Abatement Regions and the Local Governments within those
regions. The Abatement Regions shall comprise nine Metropolitan Abatement
Regions—consisting of the nine Montana counties with populations exceeding
30,000—and five Multi-County Abatement Regions—utilizing the five existing
Health Planning Regions established by the Montana Department of Public Health
and Human Services. See Montana Abatement Regions Map, attached as Exhibit
A.
2. The Nine Metropolitan Regions having populations of 30,000 or more
are Yellowstone, Missoula, Gallatin, Flathead, Cascade, Lewis & Clark, Silver
Bow, Ravalli, and Lake Counties, provided they participate in this Agreement.
Each of the nine Metropolitan Regions have consolidated city-county health
departments with substantial public health expertise that can serve as the lead or
co-lead agencies within their respective regions for administration and use of
settlement funds.
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MONTANA DISTRIBUTORS AND JANSSEN OPIOID SETTLEMENT MEMORANDUM OF UNDERSTANDING | 6
3. The Multi-County Abatement Regions derived from the five existing
Montana Department of Health and Human Services Health Planning Regions
exclude any local governments not participating in this MOU and the Settlement
Agreements. The five Multi-County Abatement Regions also exclude the nine
Metropolitan Regions and all Local Governments within the nine Metropolitan
Regions. See Exhibit A.
4. All the Metropolitan Regions that agree to the Settlement Agreements
and this MOU as well as all the constituent Participating Local Governments
comprising a Multi-County Abatement Region that have chosen to enter into this
MOU and the Settlement Agreements shall be treated as Participating Abatement
Regions. For the sake of clarification, any county or city listed in the MOU
Abatement Region Allocation, attached as Exhibit B2, within a Multi-County Region
that does not enter into this MOU and the Settlement Agreements shall not be
included in the Abatement Region where it is geographically located and shall not
be entitled to receive any funds from the Settlement. Rather, the share(s) of the
funds that a nonparticipating city or county would be allocated according to Exhibit
B shall instead be allocated to the Abatement Trust.
C. THE MONTANA ABATEMENT TRUST
1. The Attorney General shall create a private, non-profit Abatement
Trust (“Trust”) with an Advisory Committee (“Committee”), as required by the
Settlement Agreements for the purpose of receiving and disbursing Settlement
Funds allocated to the Abatement Trust and to Participating Abatement Regions,
2 Exhibit B of this MOU is comprised of the Montana Local Governments listed in Exhibit G of the Settlement Agreements.
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MONTANA DISTRIBUTORS AND JANSSEN OPIOID SETTLEMENT MEMORANDUM OF UNDERSTANDING | 7
Participating Local Governments and to the State of Montana for Opioid
Remediation and Approved Purposes, which are to be distributed as set forth in
this MOU, in the Settlement Agreements, and in the documents establishing the
Trust.
2. The Trust shall be governed by the Advisory Committee consisting
of ten voting members and an Executive Director appointed by the Attorney
General who will only vote in the event of a tie.
3. The ten voting members of the Advisory Committee shall provide equal
representation between the State and local governments as follows: three members
chosen by the Metropolitan Regions, two members chosen by the Multi-County
Regions, two members chosen by the Director of the Department of Health and
Human Services (DPHHS), and three members chosen by the Attorney General.
4. At least one of the ten members of the Committee shall be a law-
enforcement representative from the Montana Department of Justice’s Division of
Criminal Investigation (DCI) and/or Montana Highway Patrol (MHP). One of the
ten members of the Advisory Committee may be, but is not required to be, a family
member of a person who had or has suffered from opioid use disorder. All other
Committee members must come from the fields of medicine, public health, mental
health, or addiction.
5. Committee terms will be three years and initially staggered.
Committee members may serve more than one term. In the first year, two
members from the Metropolitan Regions and one member from the Multi-County
Regions will have a one-year term, one member representing the Department of
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MONTANA DISTRIBUTORS AND JANSSEN OPIOID SETTLEMENT MEMORANDUM OF UNDERSTANDING | 8
Health and Human Services and one member representing the Attorney General
will have two-year terms, and the remaining members will have three-year terms.
Six members of the Committee shall constitute a quorum. Unless the Committee
determines otherwise, the Metropolitan and Multi-County Abatement Regions
shall determine for themselves how to choose their member representatives. No
Committee member shall receive compensation but may be reimbursed for
reasonable costs expended for work on the Committee.
6. To provide for health security and reduce expense, members of the
Committee shall participate in meetings by telephone or video conference at least
every three months, except, if feasible, one annual in-person meeting per year
shall be set by consensus of the Committee. If a member of the Committee is
unable to attend in-person or remotely, s/he may designate a proxy. A quorum
exists if six members are voting in-person, remotely, or by proxy.
7. In all votes of the Committee, a measure shall pass if a quorum is
present and the measure receives the affirmative votes from a majority of those
Committee members voting. The Executive Director may vote to break a tie.
8. The Attorney General shall appoint the Executive Director at his/her
discretion from a list of three candidates provided to the Attorney General by the
Committee. If the Attorney General finds all three candidates to be
unsatisfactory, the Attorney General may reject all three candidates and request
that the Committee provide three new persons to select from.
9. In choosing candidates to be submitted to the Attorney General, with
the exception of the one member who is a family member of a victim of the opioid
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MONTANA DISTRIBUTORS AND JANSSEN OPIOID SETTLEMENT MEMORANDUM OF UNDERSTANDING | 9
crisis, if applicable, and representative(s) from DCI and/or MHP, the Committee
shall seek candidates with at least six years of experience in issues related to
addiction, mental health, and/or public health and who have management
experience in those fields.
10. The Executive Director shall serve as an ex officio, non-voting member
of the Committee unless there is a tie vote, in which case the Executive Director
may cast the tie breaking vote.
11. The Attorney General shall set a date for a first in-person meeting of
the Committee. Once the Abatement Regions, the Attorney General, and the
Director of the Department of Health and Human Services have designated their
respective members of the Committee, the Attorney General shall designate an
Interim Executive Director to conduct the meeting and other scheduled meetings
until a permanent Executive Director can be named.
12. At the first meeting the Committee shall develop written guidelines
for receiving input from the State of Montana, Abatement Regions, Local
Governments, and others regarding how the opioid crisis is affecting their
jurisdictions or communities and their respective abatement needs. These written
guidelines shall provide procedures for Regions and Local Governments or
communities to develop and submit proposals for distribution of funds from the
Abatement Trust for Opioid Remediation programs for the Regions and/or
throughout Montana.
13. The Committee shall draft its own bylaws or other governing
documents, which must include appropriate conflict of interest and dispute
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MONTANA DISTRIBUTORS AND JANSSEN OPIOID SETTLEMENT MEMORANDUM OF UNDERSTANDING | 10
resolution provisions, in accordance with the terms of this MOU and Montana law.
It shall not have rulemaking authority under Montana law. The Committee shall
utilize the legal advice and assistance of the State’s Attorney’s Office and legal
counsel for the Local Governments and Regions, who will work collaboratively to
draft and finalize necessary bylaws, procedures and other governing documents
with the goal of minimizing red tape and maximizing the efficient flow of funds to
abate the opioid problem.
14. The Committee shall be responsible for accounting of all Opioid Funds
it distributes. The Committee shall be responsible for releasing Opioid Funds in
accordance with Approved Purposes, the Settlement Agreements, and this MOU
and, with the help of the State’s Attorney’s Office and Local Government counsel,
shall develop policies and procedures for the release and oversight of such funds.
15. The Committee may also require outcome related data from any Party
or Local Government that receives Opioid Funds and may publish such outcome
related data. In determining which outcome related data may be required, the
Committee shall work with all Parties, Regions, and Local Governments to identify
appropriate data sets and develop reasonable procedures for collecting such data
sets so that the administrative burden does not outweigh the benefit of producing
such outcome related data.
16. The Committee shall facilitate collaboration between the State,
Regions, and Participating Local Governments regarding sharing information
related to abating the opioid crisis in Montana.
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MONTANA DISTRIBUTORS AND JANSSEN OPIOID SETTLEMENT MEMORANDUM OF UNDERSTANDING | 11
D. ALLOCATION OF AND USE OF SETTLEMENT PAYMENTS TO THE STATE
1. According to the terms of the Settlement Agreements, when all
requirements of the Settlement Agreements have been met to allow direct
payments of Settlement Funds to the State of Montana, Local Governments, and
Abatement Regions the Settlement Fund Administrator will determine the total
amount of Settlement Funds to allocate and pay to the State of Montana,
including base payments and incentive payments.
2. The funds from the Settlement Agreements for the State of Montana
shall be direct-deposited into three separate funds: the State of Montana Fund, the
Abatement Trust, and the Local Government Fund.
3. Of the total paid to the State of Montana, including incentive
payments:
a. Fifteen percent (15%) shall be allocated to directly to the State of
Montana Fund;
b. Seventy percent (70%) shall be allocated directly to the Abatement
Trust, from which funds may be disbursed from the Trust, with
approval of the Advisory Committee, for Opioid Remediation at the
State, Regional, or Local Government levels; and,
c. Fifteen percent (15%) shall be allocated directly to the Local
Government Fund.
4. The Settlement Funds allocated to the State of Montana Fund shall be
used by the State for Approved Purposes as determined by a separate committee
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MONTANA DISTRIBUTORS AND JANSSEN OPIOID SETTLEMENT MEMORANDUM OF UNDERSTANDING | 12
made up of representatives from the Attorney General and the Montana
Department of Health and Human Services.
5. The Settlement Funds allocated to the Abatement Trust shall be paid
into the Abatement Trust for Approved Purposes administered by the Advisory
Committee and Executive Director as described herein.
6. The Abatement Trust, administered by the Advisory Committee,
shall be designated the lead single point of contact for Montana’s communications
with the Settlement Fund Administrator. As lead agency it shall have primary
responsibility for evaluating and distributing funds for evidence based Opioid
Remediation proposals and programs for opioid-related substance abuse disorder
services.
7. Of the amount apportioned to the Abatement Trust for Opioid
Remediation as outlined in 3(b) above, eighty percent (80%) shall be allocated to
the Participating Abatement Regions according to the Subdivision Allocation
Percentages in Exhibit B, on the assumption that all Subdivisions within each
region become Participating Subdivisions. The allocation of 80% of the Abatement
Trust to the Participating Abatement Regions, however, does not change the
calculation of attorneys’ fees for Outside Counsel for Local Governments described
in Section E below. That calculation, which is set forth in the Settlement
Agreements Exhibit R, is based on dividing and allocating the total settlement
funds received by the State, half to the State and half to Local Governments.
Attorneys’ fees are then calculated by multiplying the Local Government half
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MONTANA DISTRIBUTORS AND JANSSEN OPIOID SETTLEMENT MEMORANDUM OF UNDERSTANDING | 13
times the allocation percentage in Exhibit B to determine amount allocated to
their respective Local Governments upon which the attorneys’ fees is based.
8. Amounts apportioned to the Local Government Fund shall be
distributed to Participating Local Governments included on Exhibit B per the
Subdivision or Local Government Allocation Percentage listed in Exhibit B. No
Non-Participating Local Government will receive any amount from the Settlement
Funds allocated to the State of Montana, regardless of whether such Local
Government is included on Exhibit B. Rather, any funds allocated to the Local
Government Fund for Non-Participating Local Governments shall be transferred to
the Abatement Trust for Approved Purposes by the Region in which that Non-
Participating Local Government is geographically located.
9. Each Abatement Region shall create its own governance structure for
the administration, management, and use of Opioid Remediation funds to ensure
all Participating Local Governments within that Region have input and equitable
representation regarding regional Opioid Remediation administration and
decisions, including representation on the Montana Opioid Abatement Trust
Committee, and selection of projects to be funded from the Region’s share. That
governance structure shall include designation of a fiscal agent within the Region
to receive and distribute Settlement Funds allocated to it.
10. All Participating Abatement Regions shall have the responsibility to
make decisions about planning, budgeting, and disbursement of funds for projects
that will equitably and appropriately serve the needs of the entire Region and be
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MONTANA DISTRIBUTORS AND JANSSEN OPIOID SETTLEMENT MEMORANDUM OF UNDERSTANDING | 14
consistent with this MOU and the Settlement Agreements’ definition and
description of appropriate Opioid Remediation and Approved Purposes.
11. The Trust Committee and all the Regions shall be guided by the
recognition that budgeting for operating expenditures should be conservative and
carefully limited to ensure that the maximum funds are preserved for forward-
looking abatement of the opioid epidemic and the prevention of future opioid-
related addiction and substance misuse. In recognition of these core principles, the
Committee and the Regions shall endeavor to assure the funds are disbursed only
to support evidence-based Opioid Remediation for opioid-related substance
abuse/misuse abatement, education, and prevention efforts as described in detail
in this MOU and the Settlement Agreements.
12. Funds from the Abatement Trust may also be expended by the Trust
for statewide programs, innovation, research, and education. Any statewide
programs funded from the Trust would be only as directed by an affirmative
majority vote of the Committee. Expenditures for these purposes may also be
funded by the Trust with funds received from either the State of Montana’s share
(as directed by the Attorney General in consultation with DPHHS) or from sources
other than Opioid Settlement Funds as provided for below.
13. Participating Abatement Regions may collaborate with other
Participating Abatement Regions to submit joint proposals to be paid for from the
Regional Shares of two or more Participating Abatement Regions for the use of
those Regions.
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MONTANA DISTRIBUTORS AND JANSSEN OPIOID SETTLEMENT MEMORANDUM OF UNDERSTANDING | 15
14. Disbursements for proposed Opioid Remediation programs and services
to Participating Abatement Regions shall be reviewed by the Committee to
determine whether the proposed disbursements meet the criteria for Opioid
Remediation and Approved Purposes.
15. The Trust and any entities receiving Opioid Remediation funds shall
operate in a transparent manner. Meetings shall follow Montana constitutional and
statutory law and be open and all documents shall be public to the same extent they
would be if the Trust were a public, governmental entity. All operations of the Trust
and all entities receiving Trust Funds shall, with respect to the receipt and use of
such funds, be subject to audit. The bylaws of the Trust regarding governance of the
Committee, as adopted by the Committee, may clarify any other provisions in this
MOU, except this subsection. Rather, the substantive portion of this subsection
shall be restated in the bylaws.
16. The Trust’s financial resources shall be invested through the Montana
Board of Investments to assure the Trust’s investments are appropriate, prudent,
and consistent with best practices for investments of public funds. The investment
policy shall be designed to meet the Trust’s long-term and short-term goals.
17. Any other matter concerning the allocation, management, and use of
Settlement Funds from the Settlement Agreements not covered by this MOU, shall
be controlled by the terms of the Settlement Agreements.
E. ATTORNEYS’ FEES AND COSTS
1. The Settlement Agreements each provide very substantial separate
funds for payment of fees for both outside counsel for litigating local
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MONTANA DISTRIBUTORS AND JANSSEN OPIOID SETTLEMENT MEMORANDUM OF UNDERSTANDING | 16
governments and outside counsel for litigating states such as Montana. If any
Settlement is insufficient to cover the fee obligations owed to outside counsel
representing the State of Montana and to outside counsel representing Local
Governments (collectively, “Outside Counsel”), the deficiencies may be covered as
set forth in further detail below.
2. Regarding attorneys’ fees for local governments that filed suit,
United States District Judge Dan Polster who is responsible for the MultiDistrict
Litigation (MDL 2804) IN RE: NATIONAL PRESCRIPTION OPIATE
LITIGATION, on August 6, 2021 (Docket No. 3804) notified:
… all eligible participants to the July 21, 2021 Settlement Agreements, and … their private counsel, that a contingent fee in excess of 15% of the participant’s award under the Settlement Agreements is presumptively unreasonable. Accordingly, the Court caps all applicable contingent fee agreements at 15%.
3. As such, total attorney fees to outside counsel collected from the
Settlement Agreement attorney fee funds and the Montana Back Stop shall be
capped at a 15% contingency fee of the amount allocated to their respective
governmental entities.
4. Fees claimed and collected for common benefit work under the
Settlement Agreements shall be calculated pursuant to the specific requirements
of Exhibit R to the Settlement Agreements and shall not be utilized to reduce fees
otherwise recoverable from the Montana Attorney Fee Back Stop Fund.
5. The State of Montana and Litigating Local Governments shall first
seek to have their attorneys’ fees and expenses paid through the attorneys’ fee
funds created by the Settlement Agreements. The Local Governments litigating in
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MONTANA DISTRIBUTORS AND JANSSEN OPIOID SETTLEMENT MEMORANDUM OF UNDERSTANDING | 17
the MDL proceeding in the Northern District of Ohio, the Honorable Judge Dan
Polster presiding, shall endeavor to obtain the maximum recovery from the
Settlement Agreements attorney fee fund. In addition, as a means of covering any
deficiencies in paying Outside Counsel, a supplemental Montana Attorney Fee
Back-Stop Fund shall be established.
6. The Montana Attorney Fee Back-Stop Fund shall be funded by 5.5%
of the total settlement funds paid to the State of Montana. The Mathematical
Model described in Exhibit R of the Settlement Agreements for calculation of
attorneys’ fees provides that each Settling State shall attribute 50% of the
settlement funds it receives to its Local Governments. Therefore, Fifty percent
(50%) of the Montana Attorney Fee Back-Stop Fund shall be allocated to the
Montana Attorney General’s Back-Stop Sub-fund and fifty percent (50%) to the
Litigating Local Government Attorney Fee Back Stop Sub-fund. The Attorney
General’s Fund shall shall be used in the Attorney General’s sole discretion to (a)
reimburse the State of Montana for opioid-related investigation and litigation
costs; (b) offset the costs of the legal and administrative burdens imposed upon the
Attorney General’s Office by the Settlement Agreements as well as future
settlements or disbursements by bankruptcy courts; and (3) for approved
remediation or abatement purposes including, without limitation, the
development of plans or projects whereby the State of Montana and the Local
Governments may pool their respective recoveries and resources to fund efficient
and effective statewide or regional abatement programs or strategies.
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MONTANA DISTRIBUTORS AND JANSSEN OPIOID SETTLEMENT MEMORANDUM OF UNDERSTANDING | 18
The remaining Fifty percent (50%) of the Montana Attorney Fee Back-Stop Fund
shall be allocated to the Montana Litigating Local Governments’ Attorney Fee Back-
Stop Sub-fund for payment of Outside Counsel attorneys’ fees incurred by
Participating Local Governments. As provided above, fifty percent (50%) of the total
settlements funds the State receives from these settlements shall be attributed to
Local Governments. The amount upon which the fees for Litigating Local
Government Attorneys shall be based is calculated by multiplying the fifty percent
Local Government share of all settlement funds by the allocation percentage for
each respective Litigating Local Governmentas listed in Exhibit B to this MOU.
7. Outside Counsel for Litigating Local Governments may apply to the
Montana Attorney Fee Back-Stop Fund only after applying to any contingency fee
fund created pursuant to the Settlement Agreements.
8. Subject to the 15% cap, above, Outside Counsel for Litigating Local
Governments may apply to the Montana Attorney Fee Back-Stop Fund for only a
shortfall, that is, the difference between what their fee agreements would entitle
them to minus what they have already collected from any contingency fee fund
created pursuant to the Settlement Agreements. Payments out of the Montana
Litigating Local Governments’ Attorney Fee Back-Stop Sub-fund shall be fairly
allocated by a neutral committee consisting of one representative from each
Litigating Local Government.
9. Any funds remaining in the Montana Litigating Local Governments’
Attorney Fee Back-Stop Sub-fund in excess of the amounts needed to cover the
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MONTANA DISTRIBUTORS AND JANSSEN OPIOID SETTLEMENT MEMORANDUM OF UNDERSTANDING | 19
fees and litigation expenses to Outside Counsel for Litigating Local Governments
shall revert to the allocations described in Section (D).
10. Payments to Outside Counsel shall be made from the Montana
Attorney Fee Back-Stop Fund in the same percentages and over the same period
of time as the national Contingency Fee Fund for each settlement. The Attorneys’
Fees and Costs schedule for the Settling Distributors is listed in the Exhibit R
§(II)(A)(1) of the Distributor Settlement Agreement. The Attorneys’ Fees and
Costs schedule for Janssen is listed in Exhibit R §(II)(A)(1) of the Janssen
Settlement Agreement.
F. INSTRUCTIONS FOR SIGNING THIS MOU AND THE SIGN-ON FORMS.
You have already received a NOTICE relating to the Settlement
Agreements. To join this MOU and to execute sign-on forms for the Settlement
Agreement you must FIRST go to the national settlement website at
https://nationalopioidsettlement.com/ in order to register.
SECOND, once you are at the website please register your Local
Government, county or city. Registration will only take a minute. This requires
knowing who is authorized to sign-on the Settlements for your Local Government
and an email address to which the sign-on form will be sent. With that
information you can register your Local Government using the registration code
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MONTANA DISTRIBUTORS AND JANSSEN OPIOID SETTLEMENT MEMORANDUM OF UNDERSTANDING | 20
in the NOTICE you have received. If you do not register, your Local Government
will not receive the sign-on form for the Settlements electronically.
DATED this 26th day of November, 2021.
MONTANA ATTORNEY GENERAL
Austin Knudsen Montana Attorney General 4819-8839-3151, v. 12
123
Exhibit A
Montana Abatement Regions
●Metropolitan Regions
124
Exhibit B125
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Memorandum
REPORT TO:City Commission
FROM:Jon Henderson - Director of Strategic Services
Max Ziegler - Facilities Project Coordinator
SUBJECT:Authorize the City Manager to Sign a Percent for Art Agreement and Waiver
of Proprietary Rights with Matt Babcock for the Commissioning of "Lynx
Caeruleum" Statue at Fire Station 2
MEETING DATE:April 2, 2024
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign a Percent for Art Agreement and Waiver
of Proprietary Rights with Matt Babcock for the Commissioning of "Lynx
Caeruleum" at Fire Station 2.
STRATEGIC PLAN:5.2 Support for Public Art: Encourage and support partnerships for public art
and other arts and cultural initiatives in the city.
BACKGROUND:On November 10, 2020, the Bozeman City Commission adopted Ordinance
No. 2056, an ordinance of the City Commission of the City of Bozeman,
Montana establishing a percent for art program. This ordinance was passed
in support of the Bozeman Strategic Plan section 5.2 - Support for Public Art,
which called for the creation of a municipal percent for arts program.
Percent for Art programs have been widely adopted by governments to
support the public arts, requiring the inclusion of art in publicly funded
construction projects by setting aside 1% of the construction budget for the
purchase and installation of art.
The construction of the new Fire Station 2 is the second project eligible for
the Percent for Art program since it was adopted, and from the start
architectural plans were designed to include and prominently display public
art. For this project it was determined that an outdoor sculpture would be
most appropriate for this site.
To assist the City in establishing the processes and procedures for enacting
the Percent for Art Program, it was decided to contract a professional art
consultant. NINE dot ARTS was selected through a competitive public RFQ
process, and worked with the Fire Station 2 project team to identify the
goals, typology and intents for the Library art installation. After working with
the team to distill a description of the desired art, NINE dot ARTS published a
Request for Qualifications which was distributed publicly and throughout the
local community. The RFQ responses were scored based on the established
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project criteria, and the top two submitting artists were asked to provide a
proposal for a suspended sculpture to be hung from the library atrium
ceiling. The two proposals were evaluated by the project's art selection
committee, and the submission by artist Matt Babcock was selected as being
the most appropriate sculpture for the space.
Babcock's design for the sculpture named "Lynx Caeruleum" represents a
mother bobcat out hunting with her cub. The artwork is meant to convey 3
themes: lineage, protection, speed and strength. Constructed of angled
powder coated metal, the sculpture features a figural subject where the
image resolves as viewers move and see the work from different
perspectives. The sculpture will be installed on or before August 23, 2024.
UNRESOLVED ISSUES:Final details for the mounting pedestal the sculpture will sit on, color, and
site lighting are currently being coordinated between the artist, architect,
and project team. These items will not impact the scope of the agreement as
submitted.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:This contract to commission and install the sculpture by Matt Babcock will
incur a fixed cost of $68,972. The Fire Station 2 construction project has a
budget allowance to cover the costs of providing a pedestal and lighting for
the sculpture and will be paid out of the project fund.
Attachments:
Percent for Art General Contract - Matt Babcock - LYNX
CAERULEUM - Compiled.pdf
Waiver of Proprietary Rights - Babcock - LYNX
CAERULEUM.pdf
Bozeman Firestation No. 2 Proposals.pdf
Report compiled on: March 25, 2024
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Page 1
CITY OF BOZEMAN PERCENT FOR ART AGREEMENT
THIS AGREEMENT is made and entered into this ____ day of __________, 2024 by and
between the City of Bozeman, Montana, a self-governing municipal corporation operating
pursuant to its Charter and the laws of the State of Montana, located at 121 N. Rouse Ave.,
Bozeman, MT 59771 (“City”), and Babcock Artworks LLC located at 10748 Dayton Ave. N
Seattle, WA 98133 (“Artist”). The City and Artist may be collectively referred to as the “Parties”
in this Agreement.
In consideration of the mutual covenants and agreements herein contained, the receipt
and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: This contract is agreed to pursuant to the terms outlined in Bozeman City
Ordinance 2056, which established the “Percent for Art Program” in the City. City agrees
to enter into this agreement with Artist to install a public art exhibit (“Artwork”), titled
LYNX CAERULEUM, located at Fire Station No. 2 at 575 West Kagy Boulevard,
Bozeman, MT, a City property. Such art exhibit is described in the Scope of Services
attached hereto as Exhibit A and by this reference made a part hereof.
2. Scope of Services: Artist will perform the work and provide the services in accordance
with the requirements of the Scope of Services. For conflicts between this Agreement and
the Scope of Services, unless specifically provided otherwise, this Agreement governs.
Artwork will be specifically chosen for each project based on selection criteria developed
by the city manager or their designee, working with city staff to analyze and select
appropriate locations and form.
3. Payment: City agrees to pay Artist $68,972.00, for the production and installation of the
Artwork. All proprietary rights in and to the Artwork will be transferred to the City upon
Artist’s installation of the Artwork, and City’s acceptance of such installation.
4. Artist Representations
a. Artist represents and warrants that:
i. The Artwork is an original Artwork by the Artist;
ii. The Artist is the legal owner of the Artwork;
iii. The Artwork does not infringe on any existing copyright;
iv. The Artist has not entered into any other assignments, transfers, licenses,
contracts, or mutual understandings that conflict with the terms and
obligations of this Agreement; and
v. There are no copyright infringement claims currently pending or
threatened, nor does the Artist have any reason to believe that any
copyright claims will be brought or threatened in the future.
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b. Artist has familiarized itself with the nature and extent of this Agreement,
Ordinance 2056 and with all other local conditions and federal, state and local
laws, ordinances, rules, and regulations that in any manner may affect Artist’s
performance under this Agreement.
c. Artist 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 Artist to meet
this warranty.
5. Permits and Compliance with Laws. Artist will obtain, in a timely manner, all required
permits, licenses and approvals, and will meet all requirements of all local, state and
federal laws, rules and regulations which must be obtained or met in connection with the
Artwork.
6. Title of Ownership. The City shall be the legal owner of the Artwork. Artist agrees to
transfer title of ownership of the Artwork to the City upon the completion of its
installation, and City’s acceptance of such installation. Artist warrants that it has the legal
right to transfer the legal title of ownership to the City.
7. Installation of the Artwork. Artist, in consultation with the City, will arrange for the
preparation and installation of the Artwork on or before August 23rd, 2024. Once
installed, the City may repair, remove, or un-install the Artwork at any time.
8. Maintenance, Repairs, and Alterations. The City recognizes that maintenance of the
Artwork may be necessary. Upon transfer of the title, the City retains full discretion and
responsibility to maintain and protect the Artwork. In particular, the City has an interest
in ensuring public safety and the structural safety of the space surrounding the Artwork.
The City retains the sole right to determine whether, when, and to what extent any repairs
to the Artwork will occur. The City is not obligated to provide the Artist notice before
undertaking any repairs or modifications to the Artwork. However, the City shall
endeavor to notify the Artist of any proposed alteration of the Artwork. Artist is
responsible for maintaining a current contact person and contact information to receive
such notice. The City is under no obligation to provide notice to the Artist if the Artist
fails to maintain such contact information with the City.
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Artist agrees to indemnify, defend, and hold harmless the City against any and all
liability, damage, loss, or expense, including reasonable attorneys’ fees and expenses of
litigation, incurred by the City for any and all claims raised under the Visual Artists
Rights Act.
Should the City determine that the decommissioning of the Artwork is necessary, Artist
shall have a right of first offer to negotiate with the City to reclaim physical possession of
the Artwork.
9. Publicity. The Artist will coordinate with the City on publicity of the Artwork. Publicity
includes, but is not limited to, any interviews, flyers, brochures, mailings, advertisement,
emails social media posts, blog posts, or verbal communications of any type, either live
or pre-recorded. City will make reasonable efforts to credit Artist in any publicity of
Artwork, images of Artwork, or authorized reproductions.
10. Independent Contractor Status. The Parties agree that Artist, its agents, employees,
contractors, or subcontractors, are independent contractors for purposes of this
Agreement and are not to be considered employees or agents of the City for any purpose.
Artist 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. Artist, its
agents, employees, contractors, or subcontractors, are not authorized to represent the City
or otherwise bind the City in any way.
Artist shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act
of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation
coverage for all members and employees of Artist’s business, except for those members
who are exempted by law.
Artist shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
11. Default and Termination. If Artist 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 Artist. The notice will set forth the items to be cured.
12. Limitation on Artist’s Damages; Time for Asserting Claim
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a. In the event of a claim for damages by Artist under this Agreement, Artist’s
damages shall be limited to contract damages and Artist 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 Artist wants to assert a claim for damages of any kind or nature,
Artist 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 Artist fails to provide such
notice, Artist shall waive all rights to assert such claim.
13. Representatives
a. City’s Representative. The City’s Representatives for the purpose of this
Agreement shall be Max Ziegler, Facilities Project Coordinator or such other
individual as City may designate in writing. Whenever approval or authorization
from or communication or submission to City is required by this Agreement, such
communication or submission must be directed to the City’s Representatives and
approvals or authorizations will be issued only by such Representatives; provided,
however, that in exigent circumstances when City’s Representatives are not
available, Artist may direct its communication or submission to other designated
City personnel or agents and may receive approvals or authorization from such
persons.
b. Artist’s Representative. Artist’s Representative for the purpose of this
Agreement shall be Matt Babcock or such other individual as Artist designates in
writing. Whenever direction to or communication with Artist is required by this
Agreement, such direction or communication must be directed to Artist’s
Representative; provided, however, that in exigent circumstances when Artist’s
Representative is not available, City may direct its direction or communication to
other designated Artist personnel or agents.
14. Indemnity/Waiver of Claims/Insurance. The Artist will bear all risk of loss and
damage to the Artwork until title transfers to the City, after installation and upon
acceptance by the City. To the fullest extent permitted by law, Artist 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 Artist’s (i) negligence, or
(ii) willful or reckless misconduct or any claims arising under U.S. Copyright law and the
Visual Artists Rights Act .
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Such obligations shall not be construed to negate, abridge, or reduce other rights or
obligations of indemnity that would otherwise exist. The indemnification obligations of
this Section must not be construed to negate, abridge, or reduce any common-law or
statutory rights of the indemnitee(s) which would otherwise exist as to such
indemnitee(s). Artist’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 Artist to
assert its right to defense or indemnification under this Agreement or under Artist’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 Artist 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.
Artist also waives any and all claims and recourse against the City or its officers, agents
or employees, including the right of contribution for loss or damage to person or property
arising from, growing out of, or in any way connected with or incident to the
performance of this Agreement except “responsibility for his own fraud, for willful injury
to the person or property of another, or for violation of law, whether willful or negligent”
as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement.
In addition to and independent from the above, Artist shall at Artist’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 Artist in this Section. The insurance coverage shall
not contain any exclusion for liabilities specifically assumed by Artist 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 Artist shall furnish to the City an accompanying certificate of insurance and
accompanying endorsements in amounts not less than as follows:
• Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate
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This section shall be read in conjunction with the indemnification provisions detailed in
this Agreement.
15. 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.
16. 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.
17. 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.
18. No Assignment. Artist may not subcontract or assign Artist’s rights without the prior
written consent of City.
19. 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.
20. 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.
21. 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
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such term or conditions or to pursue any available legal or equitable rights in the event of
any subsequent default or breach.
22. Severability. If any portion of this Agreement is held to be void or unenforceable, the
balance of the Agreement shall continue in effect.
23. Counterparts. This Agreement may be executed in counterparts, which together
constitute one instrument.
24. 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.
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year
indicated below.
_______________________ Date: _____________
City Manager
City of Bozeman
_______________________ Date: _____________
Matt Babcock
Babcock Artworks LLC
Approved as to form:
_______________________ Date: _____________
Greg Sullivan, City Attorney
City of Bozeman
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EXHIBIT A
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Lynx Caeruleum
Exhibit A scope of work and payment schedule
Artist to provide:
- Consulting with City on design and orientation of pedestal.
- Consulting with City on sculpture lighting.
- Fabrication, delivery, and installation of powder coated aluminum sculpture per attached
drawings. Color of sculpture to be determined in consultation with City. Installation
hardware and anchors to be specified and provided by Artist. All exposed hardware to be
stainless steel.
- Material and finish specifications and maintenance recommendations.
City to provide:
- Stone or concrete pedestal. Design, specifications, and orientation of pedestal to be
approved by Artist.
- Engineering design of pedestal and subgrade as required.
- Sculpture lighting to include 2 fixtures and associated electrical work. Specifications and
locations of fixtures to be approved by Artist.
City to pay Artist according to the following schedule, upon receipt of Artist's invoices:
- 33% of total compensation upon execution of contract
- 33% of total compensation when fabrication is 50% complete. Artist will provide
photographs of completed work to document 50% completion.
- 34% of total compensation upon installation of artwork and submittal of material and
finish specifications to City.
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Waiver - Page 1 of 4 -
WAIVER OF PROPRIETARY RIGHTS
1. Parties. This Waiver of Proprietary Rights (“Waiver”) made this __________
(“Effective Date”) is by and between:
Babcock Artworks LLC, with a mailing address of 10748 Dayton Ave. N
Seattle, WA 98133 (“Artist”), and
City of Bozeman, with a mailing address of 121 N. Rouse Ave., Bozeman, MT
59771 (“City”).
The Artist and the City are each referred to herein as a “Party” and collectively as
the “Parties.”
2. Description of the Project. The Artist, through this Assignment, transfers and
assigns to the City of all the Artist’s interest in:
a. The following copyrighted Project (“Project”):
i. Copyright #1
• Author Name:
• Title of Project: “LYNX CAERULEUM”
• Located at Fire Station #2, 575 West Kagy, Blvd, Bozeman, MT
59715
b. All the usual rights granted to the owner of a copyright under federal law,
including but not limited to the right to reproduce, publish, adapt, modify,
distribute, create derivative Projects on, display, publicize, and transmit
each Project;
c. The right to register, as well as applications for registrations of each
Project, with the U.S. Copyright Office, including any and all renewals
and extensions;
d. The income, royalties, and damages due to the Artist in regards to each
Project, including damages for past or future infringements and
misappropriations for each Project;
e. The right to sue for past, present, and future infringements and
misappropriations for each Project.
3. Waiver. Artist voluntarily waives all rights to attribution and integrity with
respect to the Project, as described in the Percent for Art General Contract and
corresponding exhibits, and any and all claims as may arise under the Visual
Artists Rights Act of 1990, 17 U.S.C. §§106A and 113(d) (”VARA”), or any
other local, state, foreign or international law that conveys the same or similar
rights (“moral rights laws” as defined by VARA), with respect to the Project, its
display, removal from display, exhibition, installation, conservation, storage,
study, alteration and any other activities conducted by the City, its officers,
employees, agents, contractors, licensees, successors or assigns. If the Project is
incorporated into a building such that the Project cannot be removed from the
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Waiver - Page 2 of 4 -
building or structure, and alternation, distortion, destruction, or other modification
(collectively, “modification”) of the Project occurs, Artist waives any and all such
claims under any moral rights laws arising out of or against any current or future
owners of the City, and its agents, officers and employees, for modification of the
Project.
4. Artist’s Right to Accreditation and Promotion. Artist retains the right to
reproduce, publish, or display the Project in Artist’s portfolios, websites, galleries,
design periodicals, or any other media or exhibit for the purpose of recognition of
creative excellence or professional advancement, and to be credited with
Authorship of the Project.
5. Right to Modify. The City has the absolute right and retrains the sole discretion
to distort, mutilate, or other modification including, but not limited to, change,
destroy, remove, relocate, move, replace, transport, repair or restore the Project, in
whole or in part. The City is not required to provide the Artist with any notice of
modification, however, the City will endeavor to notify Artist before undertaking
modifications and repairs, pursuant to the Percent for Art General Contract.
Should decommissioning be necessary, the Artist shall have a right of first offer to
negotiate with the City to reclaims physical possession of the Project.
6. Third Party Claims. The City has no obligation to pursue claims against third
parties for modifications or damage to the Project done without the City’s
Authorization. However, the City may pursue claims against third parties for
modifications or damage or to restore the Project if the Project was modified
without the City’s Authorization. In the event that the City pursues such a claim,
it shall notify the Artist, and Artist shall cooperate with the City’s efforts to
prosecute such claims.
7. Authorship. If the City modifies the Project without the Artist’s consent in a
manner that is prejudicial to Artist’s reputation, Artist retains the right to disclaim
Authorship of the Project in accordance with 17 U.S.C. § 106A(a)(2) and as set
forth in section 3 of this Waiver.
8. Notice. As required under the U.S. Copyright Act, the City must provide notice to
the Artist if it wishes to remove the Project from a part of the building and the
removal can occur without destruction or modification of the Project. Artist is
required to keep the City informed of its updated mailing address.
9. 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.
10. Dispute Resolution
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation
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Waiver - Page 3 of 4 -
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.
11. No Third Party Beneficiary. The terms and provisions of this Assignment 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.
12. Choice of Law. This Assignment 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.
13. Non-Waiver. A waiver by either Party of any default or breach by the other
Party of any terms or conditions of this Assignment 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.
14. Severability. If any portion of this Assignment is held to be void or
unenforceable, the balance of the Assignment shall continue in effect.
15. Counterparts. This Assignment may be executed in counterparts, which together
constitute one instrument.
16. Assignment and Delegation. Artist may not subcontract or assign rights to any
other individual or corporation not listed in this Assignment.
17. Execution. The Artist and the City each represent and warrant to the other that
each person executing this Agreement on behalf of each party is duly Authorized
to execute and deliver this Agreement on behalf of that party.
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.
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Waiver - Page 4 of 4 -
Artist’s Signature: _________________________ Date: ________________
Print Name: Matt Babcock
Babcock Artworks LLC
10748 Dayton Ave.
N. Seattle, WA 98133
_______________________ Date: _____________
City Manager
City of Bozeman
Approved as to form:
_______________________ Date: _____________
Greg Sullivan, City Attorney
City of Bozeman
144
145
City of Bozeman, MT
BOZEMAN FIRE STATION NO. 2
Proposal Review
146
AGENDA
1 / Review artist proposals
2 / Select finalist
3 / Next steps
147
ART
GOALS
SELECTION
CRITERIA&
Elevating the spirit of Bozeman's vibrant community, our quest is to find an iconic
public sculpture for Fire Station No. 2 that transcends convention. This artwork
should weave a modern, innovative narrative that artfully intertwines the distinct
essences of the Bozeman Fire Department, Montana State University (on whose
campus the fire station resides), and the Museum of the Rockies (which sits across
the street from the station). Drawing inspiration from these sites, the sculpture will
reflect the evolving spirit of this diverse city.
Guided by the principles of storytelling, we seek an artwork that beckons
engagement, offering both vehicular travelers and pedestrians an intriguing
experience. With a focus on local Montana talent, while remaining open to fresh
perspectives from afar, our goal is to introduce a piece that sparks curiosity and
celebrates Bozeman's rich history. Through its uniqueness, playfulness, and
captivating aesthetics, this sculpture will not only enrich the city's public art collection
but also encapsulate the evolving vibrancy of Bozeman's character, inviting all to
partake in its ever-evolving tale.
4
Storytelling
Iconic and Innovative
Representative of Location
(FD, MSU, Museum)
Intriguing
Modern
Fun and Playful
Unique
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149
ART LOCATIONSCULPTURE LOCATION
CURRENTLY HAS A 5’ X 5’ CONCRETE PAD
AND TWO FLOOD LIGHTS, BUT THIS CAN CHANGE DEPENDING ON SELECTED
ARTIST’S RECOMMENDATION
31’H
TALLEST POLE: 31.5’H
16.5’H
150
PROPOSAL REVIEW
151
MATT BABCOCK
“I create aerial calligraphy that captures
gestures. My work bridges representation
and abstraction, with figural subjects that
are recognizable by people of all ages
and diverse backgrounds. Images often
resolve as viewers move and see the
work from different perspectives, creating
"aha" moments of discovery. Although
my work involves a level of abstraction, it
is often inspired by nature and based in
close observation of plants and animals.”
Seattle, WA
152
The title of the artwork is Lynx Caeruleum
(links seh-ROO-lee-um). The Latin name
of the native bobcat is lynx rufus, which
means “reddish lynx.” Caeruleum is Latin
for blue.
LYNX CAERULEUM
153
The sculpture represents a mother bobcat
out hunting with her cub. The artwork is
meant to convey 3 themes: lineage,
protection, speed & strength.
LYNX CAERULEUM
154
1. LINEAGE: The mother bobcat is
passing on her skills to her cub, who
will carry them to the next generation.
This reflects how the Bozeman Fire
Department's remembers and honors
its history while looking to the future.
2. PROTECTION: The cub starts its leap
from a safe position beneath its
mother. The mother cat reaches out
with a paw (shown in the red oval).
Her gesture is meant to convey, "Go
ahead, I've got your back." This reflects
the Fire Department's role in
protecting and caring for the people of
Bozeman.
3. SPEED AND STRENGTH: Reflecting
the Fire Department's swift and strong
response in emergencies. The forms of
the sculpture capture not only the
shapes of the cats, but also their
muscularity, their sinuous movement,
and the energy of the cub's leap.
LYNX CAERULEUM
155
SCALE & MATERIALS
156
Timeline
•Matt estimates 24 weeks to complete the project. Starting in mid-February, 24 weeks gets us to installation at the beginning of August.
Maintenance
•Rinse every 4-6 months to remove debris
•Recoat 15-20 years
Installation/Attachment
•Mounting on concrete pedestal
ADDITIONAL PROPOSAL INFORMATION
•Matt has called out a location for a proposed new light pole pictured on the right. The proposed light pole is shown just behind the bicyclist.
•A single overhead light does a better job of revealing the shape of the sculpture, while creating less glare and light pollution. So Matt is hoping we can exchange two ground-level lights for one on a pole. Perhaps this can integrate with or replace some of the area lighting planned for the sidewalk
157
proposal recapMATT BABCOCK
158
STUDIOFOLIA
“Designing public art spaces that connect
people to memory and place. This is the
foundation of the work of Studiofolia, a
Los Angeles-based firm lead by James
Dinh. With a background in landscape
architecture and public health, James
believes that public art should be an open
form of engagement. Because the
context and requirements of each project
are different, his design process is based
on an approach rather than a singular
style.”
Cerritos, CA
159
•Design Option 1 is inspired by the
transformation of the land now known
as Montana over geologic time and
ponders what the future holds for
Bozeman.
•When people pass by the new fire
station, they will notice something
unexpected—an eight-foot tall
semblance of a seashell. Some may
make the connection that it is the shell
of an ammonite, the ancient tentacled
creature (related to octopus) that once
lived in the shallow waters of the
Cretaceous-era inland sea that covered
much of Montana 60 million years ago.
•In the center of the “fossil” is a
keyhole-shaped opening. The keyhole
possesses many symbolic
associations—here and beyond,
passage and journey, home and
security, past and future. The keyhole
“portal” in the artwork asks, “Where is
Bozeman now? What will it be in the
future?”, within the framework of a
profound geologic timeline.
OPTION ONE / PORTAL
160
•The sculpture is composed of nine
parallel layers or longitudinal
sections made of steel plates. Each
layer is painted a different
complementary color.
•Since the “fossil” is composed of nine
plates, all of which have pattern
cutouts, how the sculpture looks will
change depending on the viewer’s
position in space and time.
•This emphasis on optical
transformation is intentional, as the
artwork will be viewed mainly by
people passing by in their cars or
bicycles.
•Yet, the artwork is also designed so
that it can also be viewed from the
fire station by those who work there
or visit.
OPTION ONE / PORTAL
161
SCALE & MATERIALS
Materials
•3/8”-thick steel plates.
•Patterns created by water-jet cutting.
•All nine plates will be welded to a single steel base plate.
•Painted with exterior-grade powder-coat paint.
•Exact paint colors to be determined.
162
•Design Option 2 is inspired by the
Blackfeet legend in which a maiden
appeared to warring warriors of the
Sioux and Nez Perce tribes and sang:
“There must be no war in the Valley of
Flowers, all must be peace, rest and
love.”
•The Valley of Flowers was a place
where many Native American tribes
peacefully coexisted. This mutual
respect between people and nature is
still true today in Bozeman.
•People passing by the new fire station
will be captivated by a playfully
imposing sculpture of a Bluebell
flower emerging from the site.
Mountain Bluebells (Mertensia ciliata)
are native to the state.
•The Bluebell symbolizes unity,
compassion, and a deep connection
to nature that is shared by Bozeman’s
community. The color blue universally
represents compassion and also
Montana State University
OPTION TWO / BLUEBELL
163
•The sculpture’s bell-shaped form carries a
deeper historical resonance, paying homage
to the fire department. Traditionally, the
tolling of a bell signifies a call to action for
the courageous men and women who risk
their lives to protect the community.
•The proposed design not only honors the rich
history of the land, but also commemorates
the valiant acts of the Fire Department.
Adding a modern touch, the ‘pistil’ of the
abstract flower will house a blue LED light,
which will glow as a beacon when
firefighters embark on their duty.
•The illuminated ‘petals,’ crafted from blue
acrylic secured between steel ribs, will bathe
the surroundings in a gentle blue haze.
Signifying the safe return of the firefighters,
the light gracefully dims upon their return to
the station, a subtle yet poignant reminder
of their unwavering commitment.
•Alternatively, an actual bell can be
incorporated into the flower, in lieu of the
blue light, which can be used exclusively by
the fire department for special events and
ceremonies.
OPTION TWO / BLUEBELL
164
SCALE & MATERIALS
Artists propose
placing the sculpture
on an 18-inch high
concrete podium, so
that the artwork will
have more presence
and visibility. The
exact dimensions of
concrete podium will
be determined.
Materials
•Petals: 1/4”-thick steel and/or acrylic
sheets.
•CNC cut profiles layered to create
petal geometry.
•Petals arrayed around LED light
fixture to serve as light shade.
•Final design and fastening method
of petals will be determined during
design development/engineering.
•Stem: bent steel tubing. Exact
thickness of tubing will be
determined by structural engineer.
•Petals and stem painted with
exterior-grade powder-coat paint.
•Exact paint colors to be
determined.
•Electrical conduit to run to LED
light placed at center of flower.
Concealed and secured electrical
access point will be located at base
of post for maintenance.
•120 volt electrical line to run to
sculpture (potential for low-voltage
transformer in sculpture base).
165
Maintenance
Short Term Maintenance
•DO NOT power wash. Periodic washing down with water and non abrasive soap to keep debris and grime to a minimum. Use a wet sponge or rag to remove any superficial stains or bird droppings.
•Tough stains can be cleaned with mild cleaners like Windex and damp cloth, and then rinsed with water and dried.
Long Term Requirements
•The painted steel finish should be inspected yearly, and the artist should be notified if there is any surface deterioration or rust. The paint and finish are expected to last between 10 and 20 years before repainting.
•In the case of damage to the paint, which cannot be cleaned, the artist or conservator should be notified. Touch-up paint should be applied only by a professional painter.
•Should significant physical damage occur to the artwork, the artist should be contacted immediately before any repairs are made.
Tagging Removal
•Start with cleaners such as Simple Green or Windex.
•Alternatively, use DISAPPEAR Organic Graffiti/Adhesive Remover.
•For tough marks, use Professional’s Choice Shadow Max.
•Rinse with warm water and wipe dry with a soft cloth.
Installation/Attachment
•The artist team will work with the City and Fire Department to determine the
exact location of the sculpture so that it will be most visible.
•Sculpture will be shipped to the site as one single unit.
•A small crane will be needed to lift each piece to the artwork location.
•Base plate at base of steel “stem” will be bolted to the poured-in-place concrete podium.
ADDITIONAL PROPOSAL INFORMATION (OPTIONS ONE AND TWO)
Preferred locations for the sculpture
166
proposal recapSTUDIOFOLIA
167
Matt Babcock Studiofolia, Option OnePROPOSAL REVIEWStudiofolia, Option Two
168
NEXT STEPS
1 / Selection of finalist
2 / Discuss art label/plaque for public sculptures– is
there a standard used across Bozeman works? This is
not included in the artist’s total budget.
3 / Commission agreement signed between City of
Bozeman and artist
4 / Project passes onto Stage 3: Art Acquisition.
Acquisitions Lead for this project is Stephanie Moore
169
THANK YOUTHANK YOU
170
Memorandum
REPORT TO:City Commission
FROM:Heather Bienvenue, City Attorney Office Manager
Mike Maas, City Clerk
SUBJECT:Authorize the Destruction of Municipal Records in Accordance with MCA, 7-
5-4124 as Authorized by the Local Records Committee per MCA 2-6-1202
MEETING DATE:April 2, 2024
AGENDA ITEM TYPE:Administration
RECOMMENDATION:Authorize the Destruction of Municipal Records as submitted
STRATEGIC PLAN:7.3 Best Practices, Creativity & Foresight: Utilize best practices, innovative
approaches, and constantly anticipate new directions and changes relevant
to the governance of the City. Be also adaptable and flexible with an
outward focus on the customer and an external understanding of the issues
as others may see them.
BACKGROUND:Disposition & Destruction of Public Records
By state law (7-5-4124 MCA) All requests to dispose municipal records must
be approved by the governing body.
Cities and towns may dispose of records that have met their retention
requirements provided they are:
not subject to a legal or regulatory hold
the disposal is carried out in accordance with federal/state/local laws
and a retention schedule approved by the LGRC (2-6-1202 MCA,)
and/or
a court order
The attached disposition forms have met the requirements and disposal is
authorized by the State of Montana.
UNRESOLVED ISSUES:City staff are formalizing a records disposal process and policy and will be
presenting a future ordinance for review by the City Commission.
ALTERNATIVES:Disallow the destruction of records and require continued storage of the
same.
FISCAL EFFECTS:None
Attachments:
RM88_Records_Destruction 20 March 24.docx
171
Report compiled on: March 21, 2024
172
RECORDS DESTRUCTION DOCUMENT (RM88)
NO. 1
PAGE 1 OF 192 PAGES
1. AGENCY NAME AND DIVISION/PROGRAM:
Bozeman City Attorney's Office
2. AGENCY CONTACT:
NAME: Heather Bienvenue
PHONE #: 406-582-2314 EMAIL:hbienvenue@bozeman.net
3. NOTICE OF INTENTION:The schedule records listed in Item 5 are to be disposed of in the manner checked below (specify only one).
Delete Incinerate Shred as Classified Toss without Restriction
Other: Explain
4. SUBMITTED BY:I hereby certify that the records to be disposed of are correctly represented below, that any audit requirements or Offer
tothe State Historical Society Archives has been fully justified, and that further retention is not required for any litigation pending or
imminent.Documentation attached from Historical Society.
SIGNATURE: Heather Bienvenue
NAME AND TITLE: Heather Bienvenue, Office Manager
DATE: 3/20/2024
5. LIST OF RECORD SERIES
NOTE: Attach any inventories or Excel spreadsheets to this form to help validate records destroyed.
a.
Retention
Schedule
Number
b.
Item number listed
on Retention
Schedule
c.
Record Series Title
d.
Retention in
months/years
e.
Inclusive
Dates
f.
Volume in
Cubic Feet
g.
Disposition Action
and Date
completed after
Authorization
8 2a Criminal Files 45 days
1/2005 -
11/2021
6. DISPOSAL AUTHORIZATION: Disposal for the above listed
records is authorized. Any deletions or modifications are indicated.
Custodian/Records Manager
Name: Date:
Signature:
7. DISPOSAL CERTIFICATE: The above listed records have been
disposed of in the manner and on the date shown in column g.
Name and Title:
Signature:
173
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 Professional Services Agreement with
BYLA Landscape Architects for the Cattail Creek Corridor Anchor Route and
Park Master Plan
MEETING DATE:April 2, 2024
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign a Professional Services Agreement with
BYLA Landscape Architects for the Cattail Creek Corridor Anchor Route and
Park Master Plan
STRATEGIC PLAN:6.5 Parks, Trails & Open Space: Support the maintenance and expansion of
an interconnected system of parks, trails and open spaces.
BACKGROUND:The primary purpose of the master planning process is to plan the Anchor
Route, as described in the Parks, Recreation and Active Transportation Plan
(PRAT Plan), that will run from East Valley Center Road to the Gallatin Valley
Mall, Bozeman Pond Park and Huffine. The master plan will also include
concept-level programming of the parks for active and passive recreation
and recommendations for natural resource improvements, water
conservation, and increasing the tree canopy. Other key themes and
recreation priorities from the PRAT Plan (equity, balance, nature play, adult
fitness and infill dog parks) should be incorporated into the designs along
with additional input from engagement.
The master plan will be coordinated with related Branch Out Bozeman
efforts to improve riparian habitat, reduce irrigated turf and introduce more
drought-tolerant and pollinator friends natives species into the park system
and the incorporation of low impact recreation suitable for watercourse
areas.
Designs produced for this parkland area spanning 10 subdivisions and the
Gallatin Valley Mall property shall be translatable to other park corridors
with similar context identified in the PRAT Plan as containing Anchor Routes.
Design typicals will be created for inclusion in the Parks Design Manual to
depict pathway designs, riparian planting protocols, and solutions for
establishing and emphasizing the delineation between private and public
land to ensure equitable access and enjoyment within the park system.
174
The Master Plan will be used to implement the PRAT Plan including
determining costs to build out the Anchor Route system and inform the
City's Capital Improvement Plan, demonstration of the AT Wayfinding Plan
within the Anchor Route system, guiding developer improvements-in-lieu
and other Cash-in-lieu investment into the system, and to develop design
typicals for the Park Design Manual.
A full project description and deliverables is attached as Exhibit A to the
Professional Services Agreement. Work is expected to kick off late winter of
2024 and be completed by the end of the calendar year.
UNRESOLVED ISSUES:NA
ALTERNATIVES:Per Commission
FISCAL EFFECTS:Park Master Plan was funded in the Fiscal Year 2024 Capital Improvements
using Cash-in-lieu of Parkland Funds from within the Cattail Creek Corridor
vicinity.
Attachments:
PSA BYLA for Cattail Creek Corridor Park Master Plan -
Final.docx
Exhibit A - Anchor Route Study and Park Master Plan for the
Cattail Creek Corridor - Final.docx
Report compiled on: March 18, 2024
175
Professional Services Agreement for Cattail Creek Corridor Park Master Plan
Page 1 of 11
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 202__
(“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA,a self-governing
municipal corporation organized and existing under its Charter and the laws of the State of Montana,
121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT
59771, hereinafter referred to as “City,” and, BYLA Landscape Architects, 113 E. Oak Street, Suite
2C, Bozeman, MT 59715, hereinafter referred to as “Contractor.” The City and Contractor may be
referred to individually as “Party” and collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1.Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit A and by this reference made
a part hereof.
2.Term/Effective Date: This Agreement is effective upon the Effective Date.
3.Scope of Services: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services. For conflicts between this Agreement and
the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4.Payment: City agrees to pay Contractor the amount specified in the Scope of
Services. Any alteration or deviation from the described services that involves additional costs above
the Agreement amount will be performed by Contractor after written request by the City, and will
become an additional charge over and above the amount listed in the Scope of Service, Exhibit A.
The City must agree in writing upon any additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a.Contractor has familiarized itself with the nature and extent of this Agreement, the
176
Professional Services Agreement for Cattail Creek Corridor Park Master Plan
Page 2 of 11
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b.Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6.Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific
steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that
Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief
to the City so as to permit the services to continue at no additional cost to City.
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Professional Services Agreement for Cattail Creek Corridor Park Master Plan
Page 3 of 11
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes.
7.Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligationsshall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
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Professional Services Agreement for Cattail Creek Corridor Park Master Plan
Page 4 of 11
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.
Contractor also waives any and all claims and recourse against the City, including the right of
contribution for loss or damage to person or property arising from, growing out of, or in any way
connected with or incident to the performance of this Agreement except “responsibility for [City’s]
own fraud, for willful injury to the person or property of another, or for violation of law, whether
willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractorshall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
Workers’ Compensation – statutory;
Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on the Commercial General,
Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements
must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation
or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of
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notice that any required insurance coverage will be terminated or Contractor’s decision to terminate
any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8.Termination for Contractor’s Fault:
a.If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b.In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c.Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d.In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9.Termination for City’s Convenience:
a.Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
b.Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
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this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
in progress.
c.In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of the
Notice of Termination for City’s Convenience.
d.The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature arising, or claimed to have arisen, as a result of the termination.
10.Limitation on Contractor’s Damages; Time for Asserting Claim:
a.In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b.In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11.Representatives and Notices:
a.City’s Representative: The City’s Representative for the purpose of this
Agreement shall be Addi Jadin, Park Planning and Development Manager or such other
individual as City shall designate in writing. Whenever approval or authorization from or
communication or submission to City is required by this Agreement, such communication or
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submission shall be directed to the City’s Representative and approvals or authorizations shall
be issued only bysuch Representative; provided, however, that in exigent circumstances when
City’s Representative is not available, Contractor may direct its communication or submission
to other designated City personnel or agents as designated by the City in writing and may
receive approvals or authorization from such persons.
b.Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be Brent Jacobsen, Studio Director, or such other individual
as Contractor shall designate in writing. Whenever direction to or communication with
Contractor is required by this Agreement, such direction or communication shall be directed
to Contractor’s Representative; provided, however, that in exigent circumstances when
Contractor’s Representative is not available, City may direct its direction or communication
to other designated Contractor personnel or agents.
c.Notices:All notices required by this Agreement shall be in writing and
shall be provided to the Representatives named in this Section. Notices shall be deemed given
when delivered, if delivered by courier to Party’s address shown above during normal business
hours of the recipient; or when sent, if sent by email or fax (with a successful transmission
report) to the email address or fax number provided by the Party’s Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
12.Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
13.Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14.Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
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The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
not refuse employment to a person, bar a person from employment, or discriminate against a person
in compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity, physical or mental disability, except when the reasonable demands of the position
require an age, physical or mental disability, marital status or sex distinction. The Contractor shall
be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
15.Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
16.Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
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hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
18.Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
19.Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
20.Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21.Dispute Resolution:
a.Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist
in the negotiated settlement discussions.
b.If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
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22.Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23.Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
24.Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
25.Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
26.Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
27.No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28.Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29.Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
30.Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
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IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA ____________________________________
BYLA, Landscape Architects
By________________________________By__________________________________
Chuck Winn, City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
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Anchor Route and Park Master Plan for the Cattail
Creek Corridor
PROJECT DESCRIPTION:
Development of a Park Master Plan that encompasses the parks and trails system within the following subdivisions:
Cattail Lake (2 parcels)
Cattail Creek (3 parcels; 1 open space)
Baxter Square (1 open space parcel; 1 park)
West Winds (11 park parcels; 4 open space)
Harvest Creek (3 parcels)
Greenway (2 parcels)
Glenwood Meadows (1 parcel)
Westgate (2 parcels)
Fowler (1 parcel)
Babcock Meadows (2 parcels)
The plan area will also include undeveloped parcels/projects under review between Cattail Street and Baxter and pathway
connections through the Gallatin Valley Mall property and Bozeman Pond Park to Fowler Avenue.
The primary purpose of the master planning process is to plan the Anchor Route, as described in the Parks, Recreation and Active
Transportation Plan (PRAT Plan), that will run from E. Valley Center Road to the Gallatin Valley Mall and Huffine. The Anchor Route
shall fall primarily within parks but alternative locations may be considered where more direct routes provide the best solution or where
environmental impacts of the pathway are deemed to be too significant. Alternatives like split pathways and variations on width and
surfacing may be developed as part of a phasing recommendation or as a response to site-specific constraints are uncovered. Designs
for the Anchor Route should consider the different park contexts
The master plan will also include concept-level programming of the parks for active and passive recreation and recommendations for
natural resource improvements, water conservation, and increasing the tree canopy. Other key themes (equity and balance) and
recreation priorities (nature play, adult fitness, dog parks) identified in the PRAT Plan should be incorporated into the designs along
with additional input from the neighborhood gathered during the community engagement period described below. The soon to be
completed Active Transportation Wayfinding Plan will inform signage locations within the system and should be included in the final
design.
The recommendations/designs in the master plan should be coordinated with and/or will be the “blueprint” for “Branch Out Bozeman”
efforts such as development of a riparian planting guide, planting of native riparian vegetation, replacing turf with drought
tolerant and pollinator friendly species in the upland areas, and constructing trails, benches, and intentional stream access points
(low impact recreation).
As the first park master plan to be completed using the guidance of the PRAT Plan and the City’s first Parks Design Manual, the
designs produced should be translatable to other parks with similar context. Design typicals may be created for insertion into the
Design Manual to describe pathway specifics, riparian planting protocols, and solutions for establishing and emphasizing the
delineation between private lots and public land to avoid conflicts and ensure equitable access and enjoyment. Illustrations may
also be used to communicate the intent of the aforementioned scenarios and others.
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BACKGROUND and ADDITIONAL DETAILS:
PROJECT TIMELINE:
Early winter 2023/24 – Site visits, Scope of Work, Contract, COB packet delivery to BYLA
Late winter/spring 2024 – Official project kickoff, conceptual design development, community engagement
Summer 2024 – September 28 BIKE YOUR PARK DAY community trails event
Fall 2024 – Project Culmination and Presentation to UPFB and CC
WHAT IS AN ANCHOR ROUTE?:
Visionary
Highly Visible
All ages and abilities
Uninterrupted
All season
Anchor Routes are shared use paths with a minimum width of 12 feet intended to establish unbroken routes linking neighborhoods to
parks and commercial areas. They connect to neighborhood trails and connector pathways to provide a unified network for active
transportation.
HOW WILL THE MASTER PLAN BE USED:
To estimate costs to build out the Anchor Route system and inform the City’s Capital Improvement Plan
To demonstrate AT Wayfinding implementation within the Anchor Route system
To guide development improvements-in-lieu
To communicate about neighborhood-level park enhancement and educate about the PRAT Plan Vision
To develop design typicals for public/private interface in linear parks; riparian planting plans; pathway transitions; low impact
recreation features such as bridges, fishing pads, seating;
To plan for trailside enhancements such as benches, wayfinding, trash, shade, vegetation, drinking water, shelter, restrooms,
bus stops, etc.
RELATED PROJECTS:
Branch Out Bozeman (GWC, TU, Forestry)
East-West Connection/Raptor Route (GVLT; Transportation and Engineering Dept.)
Fowler Avenue Connection (Transportation and Engineering)
Bike/Ped Connectivity Plan (Transportation and Engineering
CITY RESOURCES:
Plat maps and existing park master plans will be provided to BYLA by Project Manager
Coordination with other relevant City/partner projects will be coordinated by Project Manager
ENGAGEMENT PLAN:
To be developed in collaboration with the City of Bozeman Communication and Engagement staff.
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SCOPE OF WORK:
OUTCOME 1: PARK MASTER PLAN
Description:Consultant will collaborate with the City and Stakeholders to define a final master plan for the proposed Anchor Route
corridor. The master plan will incorporate the City’s identified project goals and priorities from the PRAT plan to locate preferred path
routes, revegetation and tree planting/tree canopy concepts, creek access, seating elements and additional park program features.
Access, equity, habitat enhancement and user experience will all guide the project. The project will include outreach and
community/partner feedback. City will lead outreach, but consultant will support creation of exhibits for engagement and join partner
meetings. Consultant will assume attendance at (2) engagement meetings, and (1) “Bike Your Park” event.
Deliverables:
1. Site analysis including identification of strengths, constraints, and opportunities for implementation of the PRAT Plan and other
project goals Working deliverables may include diagrams, photographs of key conditions and narrative for presentation to
stakeholders. Final presentation will be a digital 11x17 format presentation of key findings.
2. Anchor route placement recommendations/preliminary designs, including:
a. Proposed trail alignments
b. Revegetation and enhancement strategies
c. Location of infill program opportunities such as dog parks, nature play and adult fitness locations.
d. Location of seating elements, creek access, or other low impact recreation along watercourse
e. (3) work session meetings with staff assumed, including initial concept meeting to review up to (2) design alternatives,
(1) synthesis meeting with preferred concept for review, and final meeting to confirm concept plan
f.Up to (2) revisions of preferred concept included.
3. Overall illustrative Master Plan drawing of the entire corridor and CAD file.
4. Cross sections AND/OR plan view design typical(s) illustrating the following common scenarios in Linear and Neighborhood
Parks:
a. 2-3 scenarios orienting different types of riparian plants in the transition from streambank to upland areas; up to 2
scenarios that depict areas needing improvement and 1 scenario illustrating mature riparian plants that were the result
of City requirements (West Winds)
b. Path layout and relationship to surrounding context.
c. Plan view design typical(s) illustrating riparian plant layout from a bird’s eye view.
5. Assume up to (10) cross sections for the entire length of the project.
6. Participation in community outreach events, including up to (5) 24x36 boards or slideshow creation.
Budget: $26,000
OUTCOME 2: PRAT DESIGN MANUAL DESIGN TYPICALS
Description:Consultant will create a series of DD-level, design-intent details to serve as design typicals for future installation of anchor
route elements by the City or authorized private parties. The design-intent details will be developed in concert with the City to identify
the materiality, assemblies and relevant standards for all details. Details will not be full construction, but will help set a standard that all
implementation projects will need to follow to ensure quality construction along anchor routes. Details will be vetted by City staff for
comment prior to completion.
Deliverables:
7. Consultant will develop a series of design-intent details. Details will be delivered in a CAD and PDF format. Details are
anticipated to include the following:
a. Path construction
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b. Seating elements
c. Park program elements such as fencing, nature play features, and adult fitness.
d. Creek access designs such as steps or docks
e. Planting design typicals and details, including native plants and trees.
Budget: $14,500
OUTCOME 3: DESIGN INTENT ILLUSTRATION
Description:Creation of design visualizations showcasing the character and experience of the proposed park improvements from the
master plan. Visualizations will showcase an activated park, including a diverse set of users and stakeholders, and highlight the new
character of the landscape improvements.
Deliverables:
8. (2-3) High Resolution Design visualizations in PNG or JPEG format
Budget: $6750
OUTCOME 4: ENGAGEMENT AND OUTREACH MATERIALS
Description:Consultants will design and provide materials for public engagement and communication including digital and print formats
to communicate about the scope of the project and any design questions or scenarios that are appropriate for public review as determined
in the project’s engagement and communications plans.
Deliverables:
9. Up to 3 event posters
10. 3-5 social media designs
11. 1 revision of each of the aforementioned items
Budget: $2500K
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Memorandum
REPORT TO:City Commission
FROM:Renee Boundy, Treatment Court Coordinator; J Colleen Herrington,
Municipal Court Judge
SUBJECT:Authorize the City Manager to Sign a Professional Service Agreement with
Anjali Nandi to Provide Motivational Interviewing Training for the BRIDGERS
DUI Treatment Court Team
MEETING DATE:April 2, 2024
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign a Professional Service Agreement with
Anjali Nandi to provide motivational Interviewing training for the BRIDGERS
DUI Court Treatment Team.
STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other
public agencies and build on these successes.
BACKGROUND:The BRIDGERS DUI Court Treatment Team identified Motivational
Interviewing as an evidence-modality useful for the provision of effective
services to the BRIDGERS DUI Court participants. The training will also be
offered to several community partners.
UNRESOLVED ISSUES:None
ALTERNATIVES:None
FISCAL EFFECTS:Grant funds are the primary source of funds for the training. The rest of the
funding will be contributions from community partners who will be
attending the training. Funding will require no operational funds.
Attachments:
Nandi-MI contract.docx
Report compiled on: March 20, 2024
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 2nd day of April, 2024 (Effective Date”),
by and between the CITY OF BOZEMAN, MONTANA,a self-governing municipal corporation
organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street,
Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter
referred to as “City,” and, Anjali Nandi, 10391 E Goose Haven Dr, Lafayette, CO 80026, hereinafter
referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and
collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1.Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services.
2.Term/Effective Date: This Agreement is effective upon the Effective Date unless
earlier terminated in accordance with this Agreement.
3.Scope of Services: Contractor will perform for City a 2-day Motivational Interview
Training for the City of Bozeman Treatment Court staff and any invited guests not to exceed 24 total
participants on August 15-16, 2024. The City will pay the Contractor for the hours to prepare, travel,
deliver the training as well as any follow up at the rate of $82.00/hour. The City will reimburse travel
expenses at the current GSA rates for lodging and meals as well, transportation costs, and supplies
needed for the training. Total costs will not exceed $4000.00. The City agrees to provide an adequate
space for the training.
4.Payment: City agrees to pay Contractor no more than $4000.00. Any alteration or
deviation from the described services that involves additional costs above the Agreement amount will
be performed by Contractor after written request by the City and will become an additional charge
over and above the amount listed in the Scope of Services. The City must agree in writing upon any
additional charges.
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5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a.Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b.Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6.Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific
steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that
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Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief
to the City so as to permit the services to continue at no additional cost to City.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes, or any delays or stoppages of work associated with
such problems or disputes.
7.Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligationsshall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
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Professional Services Agreement for Motivational Interviewing Training
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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.
Contractor also waives any and all claims and recourse against the City, including the right of
contribution for loss or damage to person or property arising from, growing out of, or in any way
connected with or incident to the performance of this Agreement except “responsibility for [City’s]
own fraud, for willful injury to the person or property of another, or for violation of law, whether
willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractorshall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
Workers’ Compensation – statutory;
Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on the Commercial General,
Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements
must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation
or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of
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Professional Services Agreement for Motivational Interviewing Training
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notice that any required insurance coverage will be terminated or Contractor’s decision to terminate
any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8.Termination for Contractor’s Fault
a.If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b.In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c.Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d.In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9.Termination for City’s Convenience:
a.Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
b.Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
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Professional Services Agreement for Motivational Interviewing Training
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orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
in progress.
c.In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of the
Notice of Termination for City’s Convenience.
d.The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature arising, or claimed to have arisen, as a result of the termination.
10.Limitation on Contractor’s Damages; Time for Asserting Claim:
a.In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b.In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11.Representatives and Notices:
a.City’s Representative: The City’s Representative for the purpose of this
Agreement shall be Renee Boundy or such other individual as City shall designate in writing.
Whenever approval or authorization from or communication or submission to City is required
by this Agreement, such communication or submission shall be directed to the City’s
Representative and approvals or authorizations shall be issued only by such Representative;
provided, however, that in exigent circumstances when City’s Representative is not available,
Contractor may direct its communication or submission to other designated City personnel or
agents as designated by the City in writing and may receive approvals or authorization from
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such persons.
b.Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be Anjali Nandi or such other individual as Contractor shall
designate in writing. Whenever direction to or communication with Contractor is required by
this Agreement, such direction or communication shall be directed to Contractor’s
Representative; provided, however, that in exigent circumstances when Contractor’s
Representative is not available, City may direct its direction or communication to other
designated Contractor personnel or agents.
c.Notices:All notices required by this Agreement shall be in writing and
shall be provided to the Representatives named in this Section. Notices shall be deemed given
when delivered, if delivered by courier to Party’s address shown above during normal business
hours of the recipient; or when sent, if sent by email or fax (with a successful transmission
report) to the email address or fax number provided by the Party’s Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
12.Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
13.Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
15.Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
not refuse employment to a person, bar a person from employment, or discriminate against a person
in compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity, physical or mental disability, except when the reasonable demands of the position
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Professional Services Agreement for Motivational Interviewing Training
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require an age, physical or mental disability, marital status or sex distinction. The Contractor shall
be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
16.Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
17.Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
18. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
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Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
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.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.
21.Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
22.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.
23.Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
24.Headings: The headings used in this Agreement are for convenience only and are not
to be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs
to which they refer.
25.Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
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26.Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
27.Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
28.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.
29.Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
30.Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
31.Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA Anjali Nandi
CONTRACTOR (Type Name Above)
By________________________________By__________________________________
Chuck Winn, Acting City Manager
Print Name: Anjali Nandi
APPROVED AS TO FORM:
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Professional Services Agreement for Motivational Interviewing Training
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By_______________________________
Greg Sullivan, Bozeman City Attorney
202
Memorandum
REPORT TO:City Commission
FROM:Brian Heaston, PE, Senior Engineer
Shawn Kohtz, PE, Utilities Director
SUBJECT:Authorize the City Manager to Sign Amendment No. 1 to the Professional
Services Agreement with Respec Company LLC for the Groundwater
Investigation Services Phase 4 Project
MEETING DATE:April 2, 2024
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign Amendment No. 1 to the Professional
Services Agreement with Respec Company LLC for the Groundwater
Investigation Services Phase 4 Project.
STRATEGIC PLAN:6.1 Clean Water Supplies: Ensure adequate supplies of clean water for today
and tomorrow.
BACKGROUND:The original professional services agreement (PSA) for Phase 4 of the
groundwater investigation services project was entered into between the
City and Respec on April 6, 2021. This PSA provides engineering services for
the design and construction administration of the municipal groundwater
test well construction project at the Bozeman Sports Park site, as well as
preparation of a beneficial water use permit application and mitigation plan
to be filed with the MT Dept of Natural Resources and Conservation upon
completion of the test well construction.
The attached Amendment No. 1 to this PSA reconciles bidding and
construction phase engineering fees for the project. The fees in the original
PSA were exceeded due to having to publicly bid the project four times to
procure a drilling contractor. The City did not receive any bids in the first
three attempts to bid the test well project. Only one round of bidding was
provided for in the original PSA. Additionally, during well construction, the
level of engineering effort needed to oversee the drilling, well development
process, and aquifer testing exceeded the hours provided for in the original
PSA. Upon City Commission authorization of Amendment No. 1, Respec will
submit its final invoice for the project. The PSA will be closed after payment
is issued for the final invoice.
Next steps include final completion of the water right permit process for the
municipal well at the Sports Park site and identify the next municipal well
site to continue making incremental progress towards the City’s 2013
203
integrated water resources plan (IWRP’s) groundwater target. The planned
groundwater supply target in the IWRP is 5,800 acre-feet of new water
supply. The test well production at the Sports Park provided approximately
320 acre-feet. The 5,800 acre-feet volume target will require multiple well
sites be developed over time.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:Amendment No. 1 increases the engineering fees for bidding and
construction phase services and brings this phase of the contract to a total
amount of $101,431.56, an increase of $55,251.56 over the original PSA
amount of $46,180.00. Increases were necessary to oversee four rounds of
bidding, and then once a contractor was secured, the contractor’s drilling,
well development, and aquifer testing activities.
Attachments:
Amendment 1_PSA Respec Groundwater Investigation
Services Ph 4.pdf
Report compiled on: March 20, 2024
204
AMENDMENT NO. 1
TO
PROFESSIONAL SERVICES AGREEMENT
FOR
GROUNDWATER INVESTIGATION SERVICES – PHASE 4
THIS AGREEMENT is made as of this day of , 2024,
between THE CITY OF BOZEMAN, a Municipal Corporation, P.O. Box 1230, Bozeman,
Montana, 59771-1230, herein referred to as OWNER, and RESPEC Company LLC, 3810
Valley Commons Drive #4, Bozeman, Montana, 59718-6477, an Engineering-Consulting Firm
herein referred to as ENGINEER.
WHEREAS, the parties have entered into a Professional Services Agreement dated April 6,
2021, herein referred to as Original Agreement for professional engineering services; and
WHEREAS, the parties desire to amend the provisions of this Agreement to: 1) include direct
labor hours and corresponding compensation to bid the project a total of three [3] additional times
between March 2022 and October 2022, and 2) include direct labor hours and corresponding
compensation to support work associated with Change Order #1 for test well construction (dated
8/23/2023) that allowed for drilling the test well to greater depth than planned.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
CONTAINED HEREIN, the parties agree as follows:
The Engineering Services to be provided as part of the Professional Services Agreement are hereby
amended and incorporated into and made part of this Agreement.
ARTICLE 6 - COMPENSATION FOR ENGINEERING SERVICE
Section 6.2 of the Original Agreement is amended as follows:
6.2 DIRECT LABOR COST PAYMENT FOR BASIC ENGINEERING SERVICES AND
EXPENSES OF ENGINEER
Construction and project documentation services performed as Basic Engineering Services under
sections 4.4 through 4.7, including General Administration of Construction Contract, Resident
Project Representation, Project Documentation, and Construction Testing, shall be compensated in
accordance with the following:
6.2.1 The OWNER shall pay for Bidding/Construction Phases and Project Testing
Services and Analysis an amount not to exceed $101,431.56 except as provided under
6.2.1.1, 6.2.1.2, and 6.2.4.
Except as specifically amended herein, the Original Agreement shall remain in full force and effect
and the Parties shall be bound by all terms and conditions therein.
IN WITNESS WHEREOF, the parties hereto do make and execute this Agreement on the
day and year first above written.
205
CITY OF BOZEMAN, MONTANA RESPEC COMPANY LLC
(OWNER) (ENGINEER)
BY: BY:
(City Manager) (Vice-President)
DATE: DATE:
ATTEST:
(City Clerk)
APPROVED AS TO FORM
BY:
(City Attorney)
206
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:Growth Policy Amendment Application, Nexus Point GPA to Revise the
Future Land Use Map from Urban Neighborhood to Community Commercial
Mixed Use on Approximately 1.23 acres. The property is located between
Arnold and Graf Streets, west of South 19th Avenue, Application 23205
MEETING DATE:April 2, 2024
AGENDA ITEM TYPE:Community Development - Legislative
RECOMMENDATION:Consider the Motion: Having reviewed and considered the application
materials, public comment, Community Development Board
recommendation, and all the information presented, I hereby adopt the
findings presented in the staff report and move to approve Application
23205, the Nexus Point Growth Policy Amendment.
STRATEGIC PLAN:4.1 Informed Conversation on Growth: Continue developing an in-depth
understanding of how Bozeman is growing and changing and proactively
address change in a balanced and coordinated manner.
BACKGROUND:The City received an application to modify the Bozeman Community Plan
2020 Future Land Use map from Urban Neighborhood to Community
Commercial Mixed Use. The request stems from the associated application
to rezone the subject property from R-O to B-2M (Community Commercial
Mixed), see application 23204. The B-2M zoning district is not an
implementing district for the Urban Neighborhood future land use
designation and therefore, must be changed before the property can be
zoned B-2M. If the governing body does not approve the Growth Policy
Amendment application, the rezoning application is moot. No change to the
text or the plan is proposed.
The city prepares the growth policy based on best available information at
the time. As new information becomes available it is appropriate to consider
possible amendments. The subject property is subject to a Master Site Plan
(MSP) and has undergone two site plan reviews with construction well on its
way. The original Nexus Point development proposed 240 residential
housing units, a two-story community building, and a two-story office
building which included a café.
207
The Bozeman Community Plan 2020 and the associated Future Land Use
Map is the fundamental building block for many future development
decisions including zoning, community character, intensity, density, parking,
and other aspects. Changes to the plan are infrequent and are reviewed with
seriousness.
Considerable development is occurring around the subject property
including the Graff Street Apartment development is directly to the south
which proposed 457 residential units. The Enterprise apartment directly to
the west which includes 60 residential units, the Flats at Meadow Creek
Condominiums to the southwest, the Platinum Ridge Condominiums to the
southwest, and Genesis Business Park to the north.
Discussion and criteria for deciding on this growth policy application are
limited to those in this report. Other elements of the future development
will be addressed separately in the future.
Application materials are available through the City’s website [External Link].
No public comment has been received as of the writing of this report.
UNRESOLVED ISSUES:There are no known unresolved issues with this application.
ALTERNATIVES:1. Approve the application,
2. Deny the application finding non-compliance with the review criteria,
3. Open and continue the public hearing on the application, with specific
direction to staff or the applicant to supply additional information or to
address specific items.
FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds
will be changed by this growth policy amendment.
Attachments:
001 GPA Exhibit.pdf
23205 Nexus Point GPA.pdf
23205 Nexus Point GPA CC SR.pdf
Report compiled on: March 14, 2024
208
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TYPE A FAIRHOUSING UNIT
TYPE A FAIRHOUSING UNITTYPE A FAIRHOUSING UNITSOUTH 19TH AVENUEARNOLD STREET
ARNOLD STREET
SOUTH 2
1ST
AVENUE
LANTERN DRIVE
TYPE A BLDG
2105 ARNOLD
12-PLEX
2 TYPE A, 2 TYPE B
8 STD
2-BEDROOM UNITS
PHASE I(c)
TYPE B BLDG
2125 ARNOLD
12-PLEX
4 TYPE B & 8 STD
2-BEDROOM
UNITS
PHASE I(b)
TYPE B BLDG
2145 ARNOLD
12-PLEX
4 TYPE B & 8 STD
2-BEDROOM UNITS
PHASE I(a)
TYPE C BLDG
2095 ARNOLD
12-PLEX
4 TYPE B & 8 STD
2-BEDROOM UNITS
PHASE I(d)
TYPE C BLDG
2085 ARNOLD
12-PLEX
4 TYPE B & 8 STD
2-BEDROOM UNITS
PHASE I(e)
TYPE C BLDG
2075 ARNOLD
12-PLEX
4 TYPE B & 8 STD
2-BEDROOM UNITS
PHASE I(f)
TYPE B BLDG 2078
ARNOLD
24-PLEX
8 TYPE B
& 16 STD
2 BEDROOM UNITS
PHASE I(h)
TYPE A BLDG
2088 ARNOLD
24-PLEX
1 TYPE A, 7 TYPE B
& 16 STD
2-BEDROOM UNITS
PHASE I(g)
2068 21ST AVE
CLUB HOUSE
PHASE I(i)
1" =
0
SCALE
40'
80'20'40'
SHEETMADISON ENGINEERING895 TECHNOLOGY BLVD, SUITE 203BOZEMAN, MT 59718(406) 586-0262NEXUS POINT
GPA
C0.1NEXUS POINTGROWTH POLICY AMMENDMENTBOZEMAN, MTGROWTH POLICY AMENDMENT
FOR NEXUS POINT MAJOR SUBDIVISION LOCATED ON
LOT 1 OF MINOR SUBDIVISION 235B
LEGEND
TOTAL PROPOSED COMMUNITY COMMERCIAL MIXED USE AREA: 53,579 SQFT (1.23 ACRES)
209
BOZEMANMT
Community Development
DEVELOPMENT REVIEW APPLICATION
Remember to obtain owner signature on this form prior to uploading with the rest of your submittal
PROJECT INFORMATION
Project Name:Nexus Point Subdivision GPA
Project Type(s):Growth Policy Amendment GPA
Street Address:West of S 19th Avenue. Lots directly North and South of Arnold Street.
Legal Description:
MINOR SUB 235B, S23, T02 S, R05 E, Lot 1, ACRES 20, GENESIS
BUSINESS PARK TWO ANNEXATION
Description of Project:
Growth Policy Map Amendment for two lots. Two lots proposed to change
from Urban Neighborhood to Community Commercial Mixed Use.
Current Zoning:R-O Residential Office District
Existing Use:Undeveloped
Proposed Use:Commercial, Mixed, Residential
Gross Lot Area:53579
Number of Buildings:0
Type and Number of Dwellings:0
Building Size (SF):0
Non-Residential Building Size (SF):0
Building Height (ft):0
Affordable Housing (Y/N):No
Departure/Deviation Request (Y/N):No
Zoning Verification Expedited (Y/N):No
PROPERTY OWNER
Company Name:Nexus Point LLC
Name:Steve Moore
Full Address:3661 Jagar Lane, Bozeman , MT 59718
Email:steve@smadvisorygroup.com
Phone:(406) 599-5169
APPLICANT
Company Name:Madison Engineering
Name:Elizabeth Mans
Full Address:895 Technology Blvd 203, Bozeman, Montana 59718
Email:emans@wwcengineering.com
Phone:(406) 586-0262
210
REPRESENTATIVE
Company Name:Madison Engineering
Name:Elizabeth Mans
Full Address:895 Technology Blvd 203, Bozeman, Montana 59718
Email:emans@wwcengineering.com
Phone:(406) 586-0262
CERTIFICATIONS AND SIGNATURES
Applicant signature is captured electronically at time of application submittal. This application PDF must also be
signed by the property owner(s) for all application types before the submittal will be accepted. The only exception
to this is an informal review application that may be signed by the applicant(s) only. The applicant(s) and property
owner(s) submit this application for review under the terms and provisions of the Bozeman Municipal Code. It is
further indicated that any work undertaken to complete a development approved by the City of Bozeman shall be
in conformance with the requirements of the Bozeman Municipal Code and any special conditions established by
the approval authority. I acknowledge that the City has an Impact Fee Program and impact fees may be assessed
for my project. Further, I agree to grant City personnel and other review agency representative's access to the
subject site during the course of the review process (Section 38.200.050, BMC). I (We) hereby certify that the
above information is true and correct to the best of my (our) knowledge.
Certification of Completion and Compliance - I understand that conditions of approval may be applied to the
application and that I will comply with any conditions of approval or make necessary corrections to the application
materials in order to comply with municipal code provisions.
Statement of Intent to Construct According to the Final Plan - I acknowledge that construction not in
compliance with the approved final plan may result in delays of pccupancy or costs to correct noncompliance.
Property Owner Signature:
Printed Name:Steve Moore
CONTACT US
Alfred M. Stiff Professional Building phone 406-582-2260
20 East Olive Street fax 406-582-2263
Bozemn, MT 59715 planning@bozeman.net
www.bozeman.net/planning
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23205, Staff Report for the Nexus Point Growth Policy Amendment (GPA)
Public Hearing Dates:
Community Development Board March 18, 2024.
City Commission April 2, 2024.
Project Description: A growth policy amendment to revise the future land use map
from Urban Neighborhood to Community Commercial Mixed Use on
approximately 1.23 acres.
Project Location: The property is located between Arnold and Graf Streets, west of South
19th Avenue and legally described as a portion of Lot 1 Minor Subdivision #235B
located in the Northeast One-Quarter (NE ¼), Southeast One-Quarter (SE ¼), and the
Northeast One-Quarter (NE ¼) of Section 23, Township Two-South (T2S), Range Five-
East (R5E), P.M.M., City of Bozeman, Gallatin County, Montana.
Recommendation: Meets standards for approval with contingencies
Community Development Board Motion: Having reviewed and considered the application
materials, public comment, and all information presented, I hereby move to adopt the
findings presented in the staff report and recommend the City Commission approve
the Nexus Point Growth Policy Amendment, application 23205.
City Commission Recommended Motion: Having reviewed and considered the
application materials, public comment, Community Development Board
recommendation, and all the information presented, I hereby adopt the findings
presented in the staff report and move to approve Application 23205, the Nexus
Point Growth Policy Amendment.
Report: March 20, 2024
Staff Contact: Tom Rogers, Senior Planner
Agenda Item Type: Action – Legislative
EXECUTIVE SUMMARY
Unresolved Issues
No unresolved issues have been identified at this time.
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Project Summary
The City received an application to modify the Bozeman Community Plan 2020 Future
Land Use map from Urban Neighborhood to Community Commercial Mixed Use. The
Bozeman Community Plan 2020 and the associated Future Land Use Map is the
fundamental building block for many future development decisions including zoning,
community character, intensity, density, parking, and other aspects. Changes to the plan
are infrequent and are reviewed with seriousness.
Discussion and criteria for deciding on this growth policy application are limited to those
in this report. Other elements of the future development will be addressed separately in
the future.
The Nexus Point Growth Policy Amendment (GPA) application seeks to reclassify a
portion of an existing development from Urban Neighborhood to Community
Commercial Mixed-Use on 1.23 acres. Ultimately, the applicant wants to re-zone this area
from R-4 to B-2M to construct “commercial services.” The B-2M zoning designation is not
an implementing district of the Urban Neighborhood future land use designation and,
therefore, necessitates a GPA before the Commission can consider the rezoning request.
The property is subject to a Master Site Plan (MSP) and has undergone two site plan
reviews with construction well on its way. The original Nexus Point development
proposed 240 residential housing units, a two-story community building, and a two-story
office building which included a café.
The property was annexed in 2007 under the name Genesis Business Park II annexation
(A06003) and established initial zoning of B-P (Z06133). Subsequently, the entire parcel
was rezoned from B-P (Business Park) to R-O (Residential Office) on January 7, 2019
(Application 18449). Further, Application 20389 rezoned the southwest quadrant of the
property from R-O (Residential Office) to R-5 (Residential Mixed-Use High Density).
Considerable development is occurring around the subject property including the Graf
apartments to the south, Enterprise apartments, South University District Apartments,
The Cottages, the Alpenglow Apartments, the Flats at Meadow Creek Condominiums to
the southwest, the Platinum Ridge Condominiums to the southwest. This development is
adding over 1,000 residential units plus 104 subdivision lots associated with the Jarret
subdivision.
Nexus Point development plans:
▪ Nexus Point Master Site plan, Application 19-263, approved in October 2020.
▪ Nexus Point Phase I, Application 19-262, including 120 residential units.
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▪ Nexus Point Phase II, Application 22-305, including 142 units in four buildings
with a café.
▪ Master Site Plan Modification, Application 23066
Application materials are available through the City’s website. No public comment has
been received as of the writing of this report.
Community Development Board Summary
The Community Development Board, acting in their capacity as the Planning Board, held a
hearing on March 18, 2024, and considered the application to modify the Future Land Use
Map as requested by the applicant. The Planning Board moved to approve the amendment
and voted 5:1 to recommend the City Commission do the same.
Public comment was heard in support of the application.
A video recording of the proceedings can be viewed at the following link. The GPA application
was first on the agenda. [External Web Link]
Alternatives
1. Approve the application,
2. Deny the application finding non-compliance with the review criteria,
3. Open and continue the public hearing on the application, with specific direction to staff
or the applicant to supply additional information or to address specific items.
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ........................................................................................................... 1
Unresolved Issues ............................................................................................................. 1
Project Summary ............................................................................................................... 2
Community Development Board Summary .................................................................... 3
Alternatives ........................................................................................................................ 3
SECTION 1 - MAP SERIES........................................................................................................ 6
SECTION 2 - CONTINGENCIES OF APPROVAL .................................................................... 12
SECTION 3 - RECOMMENDATIONS AND FUTURE ACTIONS ............................................. 12
SECTION 4 - STAFF ANALYSIS AND FINDINGS .................................................................. 13
APPENDIX A - PROJECT SITE ZONING AND GROWTH POLICY ......................................... 23
APPENDIX B - NOTICING AND PUBLIC COMMENT ............................................................ 26
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF .................................... 26
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Map 1: Location Map
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SECTION 1 - MAP SERIES
Map 2: Location Map
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Map 3: Larger area location Map
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Map 4: Area development Map
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Map 5: View of existing area Future Land Use Map designations, Bozeman Community Plan 2020
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Map 6: Existing zoning
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Map 7 - Application Exhibit
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SECTION 2 - CONTINGENCIES OF APPROVAL
If the City Commission approves the application, the following contingencies are
recommended. Please note that these contingencies are necessary for the City to complete
the processing of the proposed amendment.
Recommended Contingencies:
1) The applicant shall submit, within forty-five (45) days of approval by the City
Commission, an 8½ x 11-inch or 8½ x 14-inch exhibit titled “Nexus Point Growth
Policy Amendment” and PDF file to the Department of Community Development
containing an accurate description of the property for which the growth policy
designation is being amended. The exhibit must be acceptable to the Department of
Community Development.
2) The resolution for the growth policy amendment shall not be drafted until the
applicant provides an exhibit of the entire area to be re-designated, which will be
utilized in the preparation of the resolution to officially amend the Future Land Use
Map of the Bozeman Community Plan 2020.
SECTION 3 - RECOMMENDATIONS AND FUTURE ACTIONS
Having considered the criteria established for a growth policy map amendment, Staff finds
the application meets standards for approval as submitted, with detailed analysis provided
in Section 4 below.
The Development Review Committee (DRC) considered the amendment on September 11,
2024, and finds no limitations on approval. This determination means the city’s utility and
infrastructure plan anticipated capacities can adequately accommodate any proposed use
for either the Urban Neighborhood or Community Commercial Mixed Use future land use
designation.
The Community Development Board in their capacity as the Planning Board will hold a public
hearing on March 18, 2024, to make a recommendation to the City Commission for the
growth policy map amendment. After consideration of all materials and matters they
recommended approval or disapproval of the amendment. The hearing begins at 6:00 p.m.
Meetings will be held in the location and manner identified on the meeting agenda.
The City Commission will hold a public hearing on the growth policy map amendment on
April 2, 2024. The hearing begins at 6:00 p.m. Meetings will be held in the location and
manner identified on the meeting agenda.
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SECTION 4 - 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.
In considering applications for approval under this title, the advisory boards and City
Commission must consider the following criteria. As an amendment is a legislative action,
the Commission has broad latitude to determine a policy direction.
The burden of proof that the application should be approved lies with the applicant. See the
application materials for the applicant’s response to criteria and arguments in favor of
approval.
To reach a favorable decision on the proposed application the City Commission must find
that the application meets all of criteria 1-4 of Chapter 5| Plan Amendments, Review Triggers
Amendments, and Amendment Criteria, page 67, Bozeman Community Plan 2020. In making
these findings, they may identify that there are some negative elements within the specific
criteria with the final balance being a positive outcome for approval. When an amendment
to either the text of the Plan or the future land use map is requested, it must be reviewed
against the criteria cited herein and listed below:
1. The proposed amendment must cure a deficiency in the growth policy or improve the
growth policy to better respond to the needs of the general community;
2. The proposed amendment does not create inconsistencies within the growth policy,
either between the goals and the maps or between different goals and objectives;
3. The proposed amendment must be consistent with the overall intent of the growth
policy; and
4. The proposed amendment may must not adversely affect the community as a whole
or any significant portion thereof by:
a. Significantly altering land use patterns and principles in a manner contrary to
those established by this Plan,
b. Requiring unmitigated improvements to streets, water, sewer, or other public
facilities or services, thereby impacting development of other lands,
c. Adversely impacting existing uses because of inadequately mitigated impacts on
facilities or services, or
d. Negatively affecting the health and safety of the residents.
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1. The proposed amendment must cure a deficiency in the growth policy or
improve the growth policy to better respond to the needs of the general
community;
Criterion met. This criterion contains two alternate parts. A favorable finding for either
part supports a positive finding. The time horizon for the BCP2020 is 20 years and the
future land use map and other elements such as the city’s facility plans extend further
into the future. The plan is the city’s fundamental land-use planning document that helps
the Commission determine how and where to apply limited resources in the most
impactful and financially sustainable manner.
The BCP2020 lists seven themes that describe the vision of the city with numerous goals
and objectives designed to achieve the outcome. There is often tension between some of
the goals and objectives and importance of a given goal may change over time. And,
perhaps most important, these goals and objectives are dependent on one another. A key
responsibility of the City Commission in implementing the BCP2020 is balancing the
competing priorities that the plan must address. That balance may be adjusted over time
as one issue takes greater importance.
The Future Land Use Map (FLUM) for the Planning Area is an indispensable part of this
Plan. It utilizes ten land use categories to illustrate and guide the intent, type of use,
density, and intensity of future development. The map does not always represent existing
uses but does reflect the uses that are desired.
The southwest side of the city has been slow to develop compared to other parts of the
city, although that is changing. The first substantial development was the Meadow Creek
subdivision. The property was annexed in 2006. A substantial sewer upgrade was
required for the site to develop. Similarly, there are infrastructure challenges to develop
the property south of Blackwood Road and west of South 19th due to water pressure. This
issue is identified in the Capital Improvement Plan (CIP) but not scheduled for upgrades.
The previous Growth Policy showed the area designated Business Park Mixed-Use. The
Bozeman Community Plan 2020 revised this designation to Urban Neighborhood.
Directly to the north is a large area of commercial area that is partially developed and
recently was expanded with the annexation of the West University District Annexation
which established zoning designations of B-2M and REMU on 50 and 48 acres
respectfully. This area is now under subdivision and master site plan review (PP 22311
and MSP 22381), called the Aaker Place development which is proposing 224 residential
units in the REMU zone. No formal development plans have been received for the
commercial area.
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Considerable residential development is underway on the surrounding properties and
the subject property. Approximately 1,070 residential units are approved or in review in
the vicinity. The Jarret subdivision adds another 104 lots to the mix.
A portion of the commercially designated area is a result of the Genesis Business Park, a
wholly surrounded island of County zoning jurisdiction. Grace Bible Church is the largest
property owner in the area.
This application is fundamentally different from the recently reviewed SRX North GPA
for several reasons. First, the NEXUS Point development planned and anticipated
commercial activity in this location in addition to the residential development as shown
in the approved Master Site Plan. Further, the commercial development was planned
within the R-O zoned area. The Intent and purpose of the R-O zone are to encourage the
development of multi-household and apartment development and compatible
professional offices and businesses that would blend well with adjacent land uses.
Thirdly, the proposed area is 1.23 acres including the ROW, compared to the 17.5 acres.
The parcel is divided into two parcels by Arnold Street which will limit building size and
potential impacts on adjacent properties. Finally, while the property is visible from South
19th, it is separated by a 120-foot buffer consisting of an Agricultural Water User Facility
(a ditch) and common open space with a trail. These physical properties will curtal large
footprint buildings and create an environment for a compact and urban environment.
The Applicant argues the proposed amendments help improve the growth policy
to better respond to the needs of the general community and that the “GPA will allow
for B-2M zoning which in turn will facilitate the development of commercial services.
There are currently no support services within this neighborhood. A change to the land
use map would help provide local services for the Nexus Point Subdivision as well as
the 250,000 square foot Gensis Business Park and hundreds of dwelling units located in
the neighborhood.”
The existing Urban Neighborhood designation allows the B-1 zone. Per BMC,
38.300.110.A, the intent of the B-1 neighborhood business district is to “provide for
smaller scale retail and service activities frequently required by neighborhood
residents on a day-to-day basis, as well as residential development as a secondary
purpose, while still maintaining compatibility with adjacent residential land uses.
Design standards emphasizing pedestrian-oriented design are important elements of
this district. Use of this zone is appropriate for areas functioning as a center for
surrounding residential neighborhoods.”
The original MSP and associated documents suggested a 2-story building. The
documentation provided by the applicant for the GPA and associated ZMA show four-
story concept buildings. The B-1 zone allows three-story buildings while B-2M allows
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up to 60’ buildings. Similarly, the existing R-O zoning designation allows a variety of
commercial uses on a limited scale such as restaurants, retail, and offices in buildings up
to 60 feet.
1. URBAN NEIGHBORHOOD (UN)
The 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.
5. COMMUNITY COMMERCIAL MIXED USE (CCMU)
The Community Commercial Mixed-Use category promotes commercial areas necessary
for economic health and vibrancy. This includes professional and personal services,
retail, education, health services, offices, public administration, and tourism
establishments. Density is expected to be higher than it is currently in most commercial
areas in Bozeman and should include multi-story buildings. Residences on upper floors,
in appropriate circumstances, are encouraged. The urban character expected in this
designation includes urban streetscapes, plazas, outdoor seating, public art, and
hardscaped open space and park amenities. High density residential areas are expected
in close proximity.
Developments in this land use area should be located on one or two quadrants of
intersections of the arterial and/or collector streets and integrated with transit and non-
automotive routes. Due to past development patterns, there are also areas along major
streets where this category is organized as a corridor rather than a center. Although a
broad range of uses may be appropriate in both types of locations, the size and scale is to
be smaller within the local service areas. Building and site designs made to support easy
reuse of the building and site over time is important. Mixed use areas should be
developed in an integrated, pedestrian friendly manner and should not be overly
dominated by any single use. Higher intensity uses are encouraged in the core of the area
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or adjacent to significant streets and intersections. Building height or other methods of
transition may be required for compatibility with adjacent development.
Smaller neighborhood scale areas are intended to provide local service to an area of
approximately one half-mile to one mile radius as well as passersby. These smaller
centers support and help give identity to neighborhoods by providing a visible and
distinct focal point as well as employment and services. Densities of nearby homes
needed to support this scale are an average of 14 to 22 dwellings per net acre.
Commercial development is generally characterized as neighborhood, community,
regional, or corridor commercial development. Neighborhood commercial would be
smaller in scale and provides daily convenience goods and services easily accessible to
the residents of the immediate area. Neighborhood commercial areas might contain a
grocery store, bakery, neighborhood restaurant, drug store, gas station and convenience
store, daycare, or some office space. For comparison:
1) COSTCO site 16 acres
2) Target 10 acres
3) Whole Foods 4 acres
4) Safeway 5.5 acres
5) Town & Country (incl. Bridger Brewing) 2.8 acres
6) The MSU College Street B-1 (Neighborhood Commercial) area that includes four
restaurants, two convenience stores, a grocery store, two coffee shops, and
several personal service businesses. 4.25 acres
The College Street commercial area may be the best example of a neighborhood
commercial area of those listed above. This area is accessible by residents in the vicinity
without a car and provides goods and services that most people can reasonably carry a
short distance.
The CCMU designation is commercial in character. While residential uses are permitted
by right, the mass and scale of development promotes commercial areas necessary for
economic health and vibrancy including such activities as professional and personal
services, retail, education, health services, offices, public administration, and tourism
establishments. Further, developments in this land use area should be located on one or
two quadrants of intersections of the arterial and/or collector streets and integrated with
transit and non-automotive routes. South 19th is a Principal Arterial and Arnold Street is
considered a local street.
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Population density is necessary to support neighborhood and community commercial
areas. The BCP2020 desires simultaneous emergence of residential and commercial
activity. Sufficient density of population is needed to make commercial activity viable if
not dependent on the vehicle. As noted above, the area is rapidly developing.
Chapter 1 | Basics, Basic Planning Precepts of the BCP discusses the principals the City
used to prepare the policies, goals, objectives, land use designations, and future land use
map in this Plan. See page 20. Most of these precepts relate to this and all map
amendments. Four of them stand out in relation to this application. These are
overarching precepts above any one or several specific goals or actions.
▪ Variety in housing and employment opportunities are essential.
▪ Land use designations must respond to a broad range of factors, including
infrastructure, natural, and economic constraints, other community priorities,
and expectations of all affected parties concerning private development.
▪ The needs of new and existing development coexist, and they should remain in
balance; neither should overwhelm the other.
▪ The City intends to create a healthy, safe, resilient, and sustainable community
by incorporating a holistic approach to the design, construction, and operation
of buildings, neighborhoods, and the City as a whole. Developments should
contribute to these goals and be integrated into their neighborhood and the
larger community.
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The proposed FLUM change both furthers and hinders a variety of Community Plan goals
and objectives when analyzed through the lens of responding to the needs of the general
community. The applicant does not list any goals or objectives the application furthers,
rather is simply states the amendment will allow B-2M zoning which, in turn, will provide
community services to the neighborhood. While this may be the case, there is no analysis
to support this statement.
Relevant goals and objectives to this application include the following:
Goal N-2: Pursue simultaneous emergence of commercial nodes and residential
development through diverse mechanisms in appropriate locations.
N-2.1 Ensure the zoning map identifies locations for neighborhood and community
commercial nodes early in the development process.
Rationale: This site is uniquely qualified for neighborhood scale commercial
development. the NEXUS Point development planned and anticipated commercial
activity in this location in addition to the residential development as shown in the
approved Master Site Plan. The subject property is 1.23 acres including the ROW.
The parcel is divided into two parcels by Arnold Street which will limit building size.
These physical properties will curtal large footprint buildings and create an
environment for a compact and urban environment more akin to neighborhood scale
development.
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.
Rationale: Considerable residential development is underway in the immediate
vicinity. Although there is commercial activity in the Geneses Business Park it
generally does not host neighborhood type activity. As noted above there are
approximately 327 acres of land in the immediate vicinity designated for commercial
development. However, these are designed a larger scale commercial development
and may not be supportive of local or neighborhood style commercial development.
Goal DCD-2: Encourage growth throughout the City, while enhancing the pattern of
community development oriented on centers of employment and activity. Support an
increase in development intensity within developed areas.
DCD-2.5 Identify and zone appropriate locations for neighborhood-scale commercial
development.
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Rationale: Like Objective N.2.1 above, the Future Land Use map depicts area
designated for all types of city functions. The current plan shows the location for
anticipated commercial development that are in concert with the existing
infrastructure to support such activities. As noted above there are approximately 327
acres of land in the immediate vicinity designated for commercial development.
However, these are designed a larger scale commercial development and may not be
supportive of local or neighborhood style commercial development.
This site is uniquely qualified for neighborhood scale commercial development. the
NEXUS Point development planned and anticipated commercial activity in this
location in addition to the residential development as shown in the approved Master
Site Plan. The subject property is 1.23 acres including the ROW. The parcel is divided
into two parcels by Arnold Street which will limit building size. These physical
properties will curtal large footprint buildings and create an environment for a
compact and urban environment more akin to neighborhood scale development.
Based on the analysis discussed above, staff finds the application marginally corrects
a flaw in the BCP2020. However, based on the record the Commission may come to
an alternative conclusion.
There is an associated zone map amendment, see application 23204, requesting B-
2M zoning for the subject property. If the Commission determines the applicant did
not overcome their burden of proof showing the amendment cures a deficiency or
improves the growth policy to better respond to the needs of the general community,
the zone map amendment is moot. On the other hand, if the Commission finds that
this condition is met, the zone map amendment may be considered.
2. The proposed amendment does not create inconsistencies within the growth
policy, either between the goals and the maps or between different goals and
objectives.
Criterion met. Staff reviewed the growth policy goals and objective and future land
use map. The proposed amendment does not create any identified significant
inconsistencies within the growth policy goals or between goals and maps. See
discussion for Criterion 1.
All future development must demonstrate compliance with all regulatory standards
addressing transportation, parks, building design, and all other standards. The
standards have been crafted and adopted to implement the goals and objectives of
the growth policy. Therefore, compliance with the standards will ensure this criterion
is met.
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Properties to the north and to the west are designated as commercial areas. The
original plan for the development included a small commercial are to serve the
residents. The City desires a mix of use in close proximity to meet employment,
educational, housing, and other needs. Staff did not identify conflicts between map
elements or goals and objectives from the proposed amendment.
3. The proposed amendment must be consistent with the overall intent of the
growth policy.
The overall intent of the growth policy is to address issues of development and change
while protecting public health, safety, and welfare (page 20) proactively and
creatively. If approved, the proposed amendment to the future land use map will
allow the site to be considered for future applications that, if approved, would allow
development or further development of the site.
The growth policy discusses the primary issue of “Does the City Have to Grow” and
the subsequent equation, if so how, see pages 12 – 15 Bozeman Community Plan
2020. This discussion illustrates, in part, why this application is both consistent and
not consistent with the overall intent of the plan. Specific goals and objectives found
in Chapter 2 further this statement.
The City supports development within its boundaries where municipal services can
be effectively and efficiently provided. The property has been annexed and the
Development Review Committee considered the application and did not find
infrastructure constraints that cannot be addressed through further development
review. The BCP2020 in several themes encourages infill and densification of area
already served with utilities. Utilities and transportation are available and being
extended into the site. The change, if approved, will facilitate placement of substantial
employment near increasing residential development and is adjacent to existing
arterial and collector streets.
The priorities found in the BCP2020 must be balanced by evolving community needs
and market forces.
4. The proposed amendment will not adversely affect the community as a whole
or significant portion thereof by:
a) Significantly altering land use patterns and principles in a manner contrary to
those established by this Plan,
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Criterion Met. The proposed map amendment is for a relatively small area and does
not significantly alter land use patterns from those established by the plan for the city
as a whole. The existing land use designation is Urban Neighborhood, and the
proposed land use designation is Community Commercial Mixed Use. The former is
primarily residential and the latter commercial although both allow a diverse use and
allow for intensive development.
As shown in the maps section, the property is surrounded by other Urban Residential
and Community Commercial Mixed Use areas, it is not uncommon to have islands of
different categories in this scale.
Although there is a change in designation, Staff finds the change will not significantly
alter the land use pattern contrary to the Bozeman Community Plan. As discussed in
Criterion 1, the proposed amendment advances some goals and principles and
hinders others, although is not contrary to the growth policy.
b) Requiring unmitigated improvements to streets, water, sewer, or other public
facilities or services, thereby impacting development of other lands,
No negative impacts to other lands or the community are anticipated as a result of the
proposed growth policy amendment. The site is located within the service boundary
for municipal infrastructure and all city services are constructed and directly adjacent
to the subject property.
Prior to development, additional review is required. Adopted city standards will
ensure essential transportation, water, sewer, and communication utilities within the
site. The proposed change in future land use designation does not alter the essential
layout of municipal services. The property is adjacent to arterial and collector streets.
No unusual impacts on infrastructure are expected.
c) Adversely impact existing uses because of inadequately mitigated impacts on
facilities and services,
No adverse impacts have been identified at this time. The DRC considered impacts of
both outcomes and found no limitations that cannot be addressed with further
review. Additional review will occur during site development and mitigation of any
potentially adverse impacts will be addressed at that time, as required by municipal
code. This approach enables mitigation to be proportionate to the proposed
development as required by law. The applicant provided analysis for the new uses
which indicate that municipal services are not materially impacted by the potential
change.
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As noted above, there is an approved Master Site Plan in place which analyzed facility
and service demand for proposed development. This approach enables mitigation to
be proportionate to the proposed development as required by law.
d) Negatively affecting the health and safety of the residents.
The change from Urban Neighborhood to Commercial development will have minimal
impacts on the safety and health of the residents. The approved MSP arranged the
circulation system to adequately serve the site, including the commercial
development proposed on this site, designed municipal systems to accommodate the
development intensity. Permitted building heights are similar between the exiting R-
O and the proposed B-2M, however, permitted uses are more robust in the B-2M.
Site constraints will further limit potential negative impacts. In conjunction with
required additional review during site development and mitigation of any potentially
adverse impacts will be addressed at that time, as required by municipal code, will
ameliorate any negative impacts.
APPENDIX A - PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The property is inside Bozeman city limits and is zoned R-O, Residential Office. A master site
plan has been approved for the site and is being constructed to provide transportation and
utilities. Individual site plans for specific buildings will be reviewed over time and must be
consistent with the approved Master Site Plan.
There is an associated zone map amendment to change the zoning from R-O to B-2M, see
application 23204.
Adopted Growth Policy Designations:
The following designations are applicable to this application.
Existing designation: URBAN NEIGHBORHOOD.
The 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
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23205, Staff Report for the Nexus Point Growth Policy Amendment (GPA) Page 24 of 26
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.
Proposed Designation: COMMUNITY COMMERCIAL MIXED USE
The Community Commercial Mixed-Use category promotes commercial areas
necessary for economic health and vibrancy. This includes professional and personal
services, retail, education, health services, offices, public administration, and tourism
establishments. Density is expected to be higher than it is currently in most
commercial areas in Bozeman and should include multi-story buildings. Residences
on upper floors, in appropriate circumstances, are encouraged. The urban character
expected in this designation includes urban streetscapes, plazas, outdoor seating,
public art, and hardscaped open space and park amenities. High density residential
areas are expected in close proximity.
Developments in this land use area should be located on one or two quadrants of
intersections of the arterial and/or collector streets and integrated with transit and
non-automotive routes. Due to past development patterns, there are also areas along
major streets where this category is organized as a corridor rather than a center.
Although a broad range of uses may be appropriate in both types of locations, the size
and scale is to be smaller within the local service areas. Building and site designs
made to support easy reuse of the building and site over time is important. Mixed use
areas should be developed in an integrated, pedestrian friendly manner and should
not be overly dominated by any single use. Higher intensity uses are encouraged in
the core of the area or adjacent to significant streets and intersections. Building height
or other methods of transition may be required for compatibility with adjacent
development.
Smaller neighborhood scale areas are intended to provide local service to an area of
approximately one half-mile to one mile radius as well as passersby. These smaller
centers support and help give identity to neighborhoods by providing a visible and
distinct focal point as well as employment and services. Densities of nearby homes
needed to support this scale are an average of 14 to 22 dwellings per net acre.
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23205, Staff Report for the Nexus Point Growth Policy Amendment (GPA) Page 25 of 26
Zoning Correlation with Land Use Categories
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23205, Staff Report for the Nexus Point Growth Policy Amendment (GPA) Page 26 of 26
APPENDIX B - NOTICING AND PUBLIC COMMENT
Notice was sent via US first class mail to the owners of the subject property and all
owners of property located within 200 feet of the perimeter of the site. The project site
was posted with a copy of the notice on site. The notice was published in the Legal Ads
section of the Bozeman Daily Chronicle on February 24 and March 2, 2024.
The Planning Board public hearing is scheduled for Monday, March 18, 2024.
The City Commission is scheduled and advertised to conduct a public hearing on the
application on Tuesday, April 2, 2024.
No written public comments have been received regarding this project at this time.
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owner: Nexus Point, LLC, 3661 Jagar Lane, Bozeman MT 59718
Applicant: Madison Engineering, 895 Technology Blvd., Suite 203, Bozeman, MT 59718
Report By: Tom Rogers, AICP, Senior Planner
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed
by this growth policy amendment.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Application materials are available through the City’s website.
237
Memorandum
REPORT TO:City Commission
FROM:Elizabeth Cramblet, Associate Planner
Chris Saunders, Community Development Manager
Erin George, Deputy Director of Community Development
Anna Bentley, Director of Community Development
SUBJECT:The Nexus Point Zone Map Amendment requesting Amendment of the City
Zoning Map to Change the Zoning from R-O (Residential Office District) to B-
2M (Community Business District-Mixed) on 1.23 Acres, Change the Zoning
from R-O (Residential Office District) to R-4 (Residential High Density District)
on 8.8 Acres, and change the Zoning from R-O (Residential Office District) to
PLI (Public Lands and Institutions) on 1.26 Acres, All Within the Nexus Point
Subdivision on Approximately 11.29 Acres. The Subject Site is Located West
of South 19th Avenue, North and South of Arnold Street. Application 23204.
MEETING DATE:April 2, 2024
AGENDA ITEM TYPE:Community Development - Legislative
RECOMMENDATION:Consider the Motion: Having reviewed and considered the staff report,
application materials, public comment, recommendation of the Community
Development Board, and all information presented, I hereby adopt the
findings presented in the staff report for application 23204 and move to
approve the Nexus Point Zone Map Amendment subject to contingencies
required to complete the application processing.
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:Nexus Point Master Site Plan and Phase I Site Plan Review applications
(19262 & 19263) were approved in late 2022. Phase I has been constructed
which includes six 12-unit apartment buildings on the north side of the site
(north of Arnold Street), two 24-unit apartment buildings with one
clubhouse south of Arnold Street, and a public park on the southeast side of
the site, all of which are zoned R-O (Residential Office). The application
includes a proposal to rezone this subject site approximately 11.29 acres in
size into three different zone districts, R-4 (Residential High Density District),
B-2M (Community Business District-Mixed), and PLI (Public Lands and
Institutions). Accompanying this application is a Growth Policy Amendment
(GPA) (application 23205) to amend the future land use map from Urban
Neighborhood to Community Commercial Mixed Use for a portion of the site
238
to allow B-2M on the subject site. The Growth Policy Amendment must be
approved prior to approval of the zone map amendment. Should the City
Commission deny the GPA for application 23205, the proposal to rezone the
1.23 acres from R-O to B-2M cannot be approved since the proposed zone
district (B-2M) is not an allowed zone district in Urban Neighborhood.
The site has previously been reviewed and approved for a master site plan
and preliminary plat. The proposed zoning boundaries and uses are
consistent with those prior project reviews. The subject site is bound by
South 19th Avenue on the eastern side and is a designated principal arterial.
Arnold Street bisects the site from South 19th Avenue running west and
northwest until it connects with Discovery Drive to the north. South 21st
Avenue connects to Arnold Street from the south running northbound. Both
are designated local streets. Nearby municipal zoning to the east is REMU
(Residential Emphasis Mixed Use) and R-1 (Residential Low Density). South
and southeast of the site is zoned R-2 (Residential Moderate Density), and R-
4 (Residential High Density). West of the site is zoned R-5 (Residential Mixed
Use High Density). North of the site is located within the county and zoned
RO (Residential Office) with a small pocket of NS (Neighborhood Service).
The Community Development Board held a public hearing on March 18,
2024, and considered the application to modify the City Zoning Map to
change the zoning from R-O to R-4, B-2M, and PLI on a site approximately
11.29 acres. On the same night, this application was accompanied by a
Growth Policy Amendment (GPA) (application 23205) to modify the Future
Land Use Map from Urban Neighborhood to Community Commercial Mixed
Use which is required for the request to change the zoning from R-O to B-2M
on a portion of the site (1.23 acres). The Community Development Board
voted 5-1 to recommend approval of the requested amendment to the
Future Land Use Map to the City Commission. The Community Development
Board in their capacity as the Zoning Commission voted 6-0 to recommended
approval of the Nexus Point Zone Map Amendment. While one board
member voted against the GPA, all members voted to recommend approval
of the zone map amendment as requested for all proposed zoning districts.
In general, a majority of the board members were in favor of implementing
neighborhood commercial within the Nexus Point Subdivision.
UNRESOLVED ISSUES:There are no identified conflicts on this application at this time. As noted in
the summary and analysis of zoning criterial for the requested B-2M zone
district, accompanying this application is a Growth Policy Amendment (GPA)
application 23205. Zoning analysis for the requested B-2M zone district is
based on approval of the GPA application 23205.
ALTERNATIVES:1. Approve the application with contingencies as presented;
2. Approve the application with modifications to the requested zoning;
3. Deny the application based on findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Open and continue the public hearing on the application, with specific
239
direction to staff or the applicant to supply additional information or to
address
specific items.
FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds
will be changed by this Annexation or Zone Map Amendment.
Attachments:
23204 Nexus Point ZMA- CC SR.pdf
Report compiled on: March 22, 2024
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Page 1 of 49
23204 Staff Report for the Nexus Point Zone Map Amendment
Public Hearings: Community Development Board (Zoning Commission) meeting was
on March 18, 2024, at 6:00 pm.
City Commission meeting is on April 2, 2024, at 6:00 pm.
Project Description: The Nexus Point Zone Map Amendment requesting amendment of the
City Zoning Map to change the zoning from R-O (Residential Office District) to B-
2M (Community Business District-Mixed) on 1.23 acres, change the zoning from R-
O (Residential Office District) to R-4 (Residential High Density District) on 8.8
acres, and change the zoning from R-O (Residential Office) to PLI (Public Lands and
Institutions) on 1.26 acres, all within the Nexus Point Subdivision. The subject site is
approximately 11.29 acres.
Project Location: The subject site is located west of S. 19th Avenue, north and south of
Arnold Street, and more thoroughly described as Minor Subdivision 235B, Section
23, Township 2 South, Range 5 East, Lot 1, Acres 20, Genesis Business Park Two
Annexation.
Recommendation: Meets standards for approval.
Recommended Community Development Board Zoning Motion: Having reviewed and
considered the staff report, application materials, public comment, and all
information presented, I hereby adopt the findings presented in the staff report for
application 23204 and move to recommend approval of the Nexus Point Zone Map
Amendment, with contingencies required to complete the application processing.
Recommended City Commission Zoning Motion: Having reviewed and considered the
staff report, application materials, public comment, recommendation of the
Community Development Board, and all information presented, I hereby adopt the
findings presented in the staff report for application 23204 and move to approve the
Nexus Point Zone Map Amendment subject to contingencies required to complete
the application processing.
Report: March 22, 2024
Staff Contact: Elizabeth Cramblet, Associate Planner
Agenda Item Type: Action - Legislative
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Staff Report for the Nexus Point Zone Map Amendment Page 2 of 49
EXECUTIVE SUMMARY
This report is based on the application materials submitted and public comment received to
date.
Unresolved Issues
There are no identified conflicts on this application at this time. As noted in the summary
below and analysis of zoning criteria for the requested B-2M zone district, accompanying
this application is a Growth Policy Amendment (GPA) application, 23205. Zoning analysis
for the requested B-2M zone district is based on approval of the GPA application 23205.
Project Summary
Nexus Point Master Site Plan and
Phase I Site Plan Review applications
(19262 & 19263) were approved in
late 2022. Phase I has been
constructed which includes six 12-
unit apartment buildings on the north
side of the site (north of Arnold
Street), two 24-unit apartment
buildings and one clubhouse south of
Arnold Street, and a public park on
the southeast side of the site, all of
which are zoned R-O (Residential
Office).
The application includes a proposal
to rezone this subject site
approximately 11.29 acres in size
into three different zone districts, R-
4 (Residential High-Density
District), B-2M (Community
Business District-Mixed), and PLI
(Public Lands and Institutions). The
area to the southwest zoned R-5 is
part of Nexus Point Subdivision, but
it is not part if this application.
Additional details about this
southwest area can be found in Appendix A. 19th Avenue 242
Staff Report for the Nexus Point Zone Map Amendment Page 3 of 49
Accompanying this application is a Growth Policy Amendment (application 23205) to amend
the future land use map from Urban Neighborhood to Community Commercial Mixed Use for
a portion of the property to allow B-2M on the subject site. The Growth Policy Amendment
must be approved prior to approval of the zone map amendment. Should the City Commission
deny the growth policy amendment for application 23205, the proposal to rezone the 1.23 acres
from R-O to B-2M cannot be approved since the proposed zone district (B-2M) is not an
allowed zone district in Urban Neighborhood.
The site has previously been reviewed and approved for a master site plan and preliminary
plat. The proposed zoning boundaries and uses are consistent with those prior project rev iews.
The subject site is bound by South 19th Avenue on the eastern side. Arnold Street bisects the
site from South 19th Avenue running west and northwest until it connects with Discovery Drive
to the north. South 21st Avenue connects to Arnold Street from the south running northbound.
Both are designated local streets.
Nearby municipal zoning to the east is REMU (Residential Emphasis Mixed Use) and R -1
(Residential Low Density). South and southeast of the site is zoned R-2 (Residential Moderate
Density), and R-4 (Residential High Density). West of the site is zoned R-5 (Residential Mixed
Use High Density). North of the site is located within the county and zoned RO (Residential
Office) with a small pocket of NS (Neighborhood Service).
In determining whether the criteria applicable to this application are met, Staff considers the
entire body of plans and regulations for land development. Standards which prevent or
mitigate possible negative impacts are incorporated in many locations in the municipal code
but are principally in Chapter 38, Unified Development Code. References in the text of this
report to Articles, Divisions, or in the form xx.xxx.xxx are to the Bozeman Municipal Code.
Community Development Board Summary
The Community Development Board, acting in their capacity as the Zoning Commission held a
public hearing on March 18, 2024, and considered the application to modify the City Zoning Map
to change the zoning from R-O to B-2M, R-4, and PLI on a site approximately 11.29 acres.
On the same night, this application was accompanied by a Growth Policy Amendment application
(23205) to modify the Future Land Use Map from Urban Neighborhood to Community
Commercial Mixed Use which is required for the request to change the zoning from R-O to B-2M
on a portion of the site (1.23 acres). The Community Development Board voted 5-1 to recommend
approval of the requested amendment to the Future Land Use Map to the City Commission.
The Community Development Board in their capacity as the Zoning Commission voted 6-0 to
recommend approval of the Nexus Point Zone Map Amendment. While one board member voted
against the growth policy amendment, all members voted to recommend approval of the zone map
amendment as requested for all proposed zoning districts (B-2M, R-4, and PLI). Regarding the
243
Staff Report for the Nexus Point Zone Map Amendment Page 4 of 49
vote for the requested zone map amendment, a majority of the board members were in favor of
implementing neighborhood commercial within the Nexus Point Subdivision. Below is a video
link to the March 18th Community Development Board meeting. The zone map amendment item
begins about one hour, twenty-nine minutes into the meeting.
Video Link for CDB meeting (External Link)
Alternatives
1. Approve the application with contingencies as presented;
2. Approve the application with modifications to the requested zoning;
3. Deny the application based on findings of non-compliance with the applicable criteria
contained within the staff report; or
4. Open and continue the public hearing on the application, with specific direction to staff
or the applicant to supply additional information or to address specific items.
244
Staff Report for the Nexus Point Zone Map Amendment Page 5 of 49
TABLE OF CONTENTS
EXECUTIVE SUMMARY ................................................................................................ 2
Unresolved Issues ........................................................................................................ 2
Project Summary.......................................................................................................... 2
Community Development Board Summary ………………………………………………3
Alternatives.................................................................................................................. 4
SECTION 1 - MAP SERIES .............................................................................................. 6
SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT .. 12
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS .................................... 12
SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS .......... 13
Section 76-2-304, MCA (Zoning) Criteria (B-2M area) ............................................... 13
Section 76-2-304, MCA (Zoning) Criteria (R-4 & PLI) ............................................... 31
PROTEST NOTICE FOR ZONING AMENDMENTS ..................................................... 44
APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND ............. 44
APPENDIX B - NOTICING AND PUBLIC COMMENT................................................. 45
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING .................. 45
APPENDIX D - PROJECT GROWTH POLICY AND PROPOSED ZONING .................. 47
APPENDIX E - OWNER INFORMATION AND REVIEWING STAFF .......................... 49
FISCAL EFFECTS .......................................................................................................... 49
ATTACHMENTS ........................................................................................................... 49
245
Staff Report for the Nexus Point Zone Map Amendment Page 6 of 49
SECTION 1 - MAP SERIES
Figure 1: Project Vicinity Map (2023image)
Project
Site
246
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Figure 2: Future Land Use Designations (2023 image)
Urban
Neighborhood Community
Commercial
Mixed Use
Residential
Mixed Use
Project
Site
247
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Figure 3: Applicant Proposed Future Land Use Designation
248
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Figure 4: Current Zoning Map (2023 image)
Subject
Property
249
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Figure 5: Applicant Proposed Zoning Map
B-2M
PLI
R-4
250
Staff Report for the Nexus Point Zone Map Amendment Page 11 of 49
Figure 6: Map of Current Planning Projects
The Flats @
BZN
The Bootes
SP
SRX Site
Plan
SRX
ZMA
The
Cottages
@ Bzn
Aaker
Phase
PP
Jarrett
PP
Cottages @
Blackwood
Groves
Gran
Cielo II
Buffalo
Run
Gran
Cielo
MSP
Alpenglo
w Apts.
Graf Site
Plan
251
Staff Report for the Nexus Point Zone Map Amendment Page 12 of 49
SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP
AMENDMENT
Please note that these contingencies are necessary for the city to complete the process of the
proposed amendment. These contingencies only apply in the event that the related annexation
request has previously been approved.
Recommended Contingencies of Approval:
1. That the future land use amendment, application 23205, be approved by the City
Commission and the implementing resolution adopted.
2. That all documents and exhibits necessary to establish an initial municipal zoning
designation of R-4, B-2M, and PLI shall be identified as the “Nexus Point 2024 Zone Map
Amendment.” All required documents must be returned to the City within 60 days of the
City Commission action to annex the property or the preliminary approval shall be null and
void.
3. That the applicant must submit a Zone Amendment map, titled “Nexus Point 2024 Zone
Map Amendment”. The map must be supplied as a PDF. This map must be acceptable to
the City Engineer’s Office and must be submitted within 60 days of the action to approve
the zone map amendment. Said map shall contain a metes and bounds legal description of
the perimeter of the subject property including adjacent right-of-ways or street easements,
and the individual zoning districts, and total acreage of the property to be rezoned, unless
the property to be rezoned can be entirely described by reference to existing platted
properties or certificates of survey.
4. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides an editable metes and bounds legal description for each zoning district prepared
by a licensed Montana surveyor.
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS
Zone Map Amendment
Having considered the criteria established for a zone map amendment, the Staff recommends
approval as submitted, contingent on approval of application 23205 to amend the future land
use map.
The Development Review Committee (DRC) considered the amendment. The DRC did not
identify any infrastructure or regulatory constraints that would impede the approval of the
application.
The Zoning Commission will hold a public hearing on this ZMA on March 18, 2024, and will
forward a recommendation to the Commission on the Zone Map amendment. The meeting will
begin at 6 p.m. Instructions on joining the meeting electronically will be included on the
meeting agenda.
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Staff Report for the Nexus Point Zone Map Amendment Page 13 of 49
The City Commission will hold a public hearing on the zone map amendment on April 2, 2024.
The meeting will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin at 6 p.m.
SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND
FINDINGS
In considering applications for plan approval under this title, the advisory boards and City
Commission must consider the following criteria (letters A-K). As an amendment is a
legislative action, the Commission has broad latitude to determine a policy direction. The
burden of proof that the application should be approved lies with the applicant.
A zone map amendment must be in accordance with the growth policy (criteria A) and be
designed to secure safety from fire and other dangers (criteria B), promote public health, public
safety, and general welfare (criteria C), and facilitate the provision of transportation, water,
sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a
zone map amendment the Commission must find Criteria A-D are met.
In addition, the Commission must also consider criteria E-K, and may find the zone map
amendment to be positive, neutral, or negative with regards to these criteria. To approve the
zone map amendment, the Commission must find the positive outcomes of the amendment
outweigh negative outcomes for criteria E-K.
In determining whether the criteria are met, Staff considers the entire body of plans and
regulations for land development. Standards which prevent or mitigated negative impacts are
incorporated throughout the entire municipal code but are principally in Chapter 38, Unified
Development Code. For information about how the code as a whole applies, examples of
specific code sections and the timing of future application is provided as part of the analysis
below. They are presented in table format. Analysis below addresses each of the requested
districts in sequential order. B2-M is evaluated first. Staff analysis of R-4 and PLI follows the
analysis for B-2M.
Section 76-2-304, MCA (Zoning) Criteria (B-2M)
A. Be in accordance with a growth policy.
Criterion met. The BCP 2020, Chapter 5, p. 73, in the section titled Review Criteria for Zoning
Amendments and Their Application, discusses how the various criteria in 76-2-304 MCA are
applied locally. Application of the criteria varies depending on whether an amendment is for
the zoning map or for the text of Chapter 38, BMC. The first criterion for a zoning amendment
is accordance with a growth policy.
Future Land Use Map
The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze
compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future land
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Staff Report for the Nexus Point Zone Map Amendment Page 14 of 49
use map. The introduction to that chapter discusses the importance of the chapter. Following
are some excerpts.
“Future land use is the community’s fundamental building block. It is an illustration of the
City’s desired outcome to accommodate the complex and diverse needs of its residents.”
“The land use map sets generalized expectations for what goes where in the community.
Each category has its own descriptions. Understanding the future land use map is not
possible without understanding the category descriptions.”
The area of this application is within the annexed area of the city and where there is anticipated
development within the city as discussed below. As shown on the maps in Section 1, on the
excerpt of the current future land use map, the property is designated as Urban Neighborhood,
however, accompanying this application is a Growth Policy Amendment application, 23205
which includes a proposal to change the future land use map on two of the lots from Urban
Neighborhood to Community Commercial Mixed Use (see Figure 3 under Map Series pg. 7).
The findings in this criterion are based on the presumption of a favorable decision on the
amendment to the future land use map. If the future land use map is not approved, then the
zone map amendment is not in conformance with the growth policy as B-2M is not an
implementing zoning district for the Urban Neighborhood land use category.
The Community Commercial Mixed Use designation description reads:
“The Community Commercial Mixed-Use category promotes commercial areas
necessary for economic health and vibrancy. This includes professional and personal
services, retail, education, health services, offices, public administration, and tourism
establishments. Density is expected to be higher than it is currently in most commercial
areas in Bozeman and should include multi-story buildings. Residences on upper
floors, in appropriate circumstances, are encouraged. The urban character expected
in this designation includes urban streetscapes, plazas, outdoor seating, public art, and
hardscaped open space and park amenities. High density residential areas are
expected in close proximity.
Developments in this land use area should be located on one or two quadrants of
intersections of the arterial and/or collector streets and integrated with transit and
non-automotive routes. Due to past development patterns, there are also areas along
major streets where this category is organized as a corridor rather than a center.
Although a broad range of uses may be appropriate in both types of locations, the size
and scale are to be smaller within the local service areas. Building and site designs
made to support easy reuse of the building and site over time is important. Mixed use
areas should be developed in an integrated, pedestrian friendly manner and should not
be overly dominated by any single use. Higher intensity uses are encouraged in the
core of the area or adjacent to significant streets and intersections. Building height or
254
Staff Report for the Nexus Point Zone Map Amendment Page 15 of 49
other methods of transition may be required for compatibility with adjacent
development.
Smaller neighborhood scale areas are intended to provide local service to an area of
approximately one half-mile to one mile radius as well as passerby. These smaller
centers support and help give identity to neighborhoods by providing a visible and
district focal point as well as employment and services. Densities of nearby homes
needed to support this scale are an average of 14 to 22 dwellings per net acre.”
The correlation between the future land use map of the growth policy and the zoning dis tricts
is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following
Correlation with Zoning Table the B-2M district is an implementing district of the Community
Commercial Mixed-Use category. It is not an implementing district of the Urban
Neighborhood category.
Goals and Policies
A zoning amendment is also evaluated against the goals and policies of the BCP 2020. Most
of the goals and policies are not applicable to this application. Relevant goals and objectives
have been identified by staff. Conflict with the text of the growth policy have not been
identified.
The Short-Term Action list on page 63 of the BCP 2020 describes 14 items to implement the
growth policy. The first two relate to direct changes to the zoning map in suppor t of listed
goals and objectives. These include increasing the intensity of zoning districts in already
developed areas. Beginning on page 71 of the BCP 2020 in the section titled Zoning
Amendment Review, the document discusses how the city implements zoning for new areas,
amendments to areas, and revisions to existing text. This section includes a discussion of when
the city may initiate a zoning change to a more intensive district to increase development
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Staff Report for the Nexus Point Zone Map Amendment Page 16 of 49
opportunities. This section demonstrates that the City, as a matter of policy, is supportive of
more intensive zoning districts and development, even within already developed areas. This
policy approach does not specify any individual district but does lean towards the more
intensive portion of the zoning district spectrum.
The applicant suggests numerous goals and objectives that are broadly served with this
application. Staff is in general agreement with the list but notes some goals and objectives are
only marginally promoted by the application. These include:
Goal N-1: Support well-planned, walkable neighborhoods.
N-1.3 Revise the zoning map to lessen areas exclusively zoned for single-type housing.
The intent of the B-2M community business district mixed is to function as a vibrant
mixed-use district that accommodates substantial growth and enhances the character of the
city. This district provides for a range of commercial uses that serve both the immediate
area and the broader trade area and encourages the integration of multi-household
residential as a secondary use. Design standards emphasizing pedestrian-oriented design
are important elements of this district. Use of this zone is appropriate for arterial corridors,
commercial nodes and/or areas served by transit.
The applicant further suggests “City growth policy encourages development to be walkable
along with the goal of supporting well-planned walkable neighborhoods. The subject
properties comprising the above-described neighborhood are bounded by South 19 th
Avenue to the east, a substantial physical barrier delineating these properties into a single
neighborhood. There are currently no supportive commercial services located on the west
side of S 19th Avenue (where this neighborhood is situated) resulting in car-dependency –
contradictory to the City’s stated goals and objectives.”
N-1.5 Encourage neighborhood focal point development with functions, activities, and
facilities that can be sustained over time. Maintain standards for placement of community
focal points and services within new development.
Goal N-2: Pursue simultaneous emergence of commercial nodes and residential
development through diverse mechanisms in appropriate locations.
N-2.1 Ensure the zoning map identifies locations for neighborhood and community
commercial nodes early in the development process.
The site around the two lots are currently developed with high density housing. The
proposal to rezone to B-2M would allow a range of commercial uses and as a secondary
use, high density housing. The subject site is located in the south-central side of the city
which has seen tremendous residential growth over the last five to six years that include
apartment buildings, condominiums/townhomes, and single-household homes.
Additionally, there are a number of residential projects in the preliminary planning stages
(currently being reviewed) and projects recently approved yet to be constructed as shown
256
Staff Report for the Nexus Point Zone Map Amendment Page 17 of 49
in the Map Series-Figure 6 above. The site is bordered by South 19th Avenue on the east (a
designated Primary Arterial) with several local streets to access to the site. Arnold Street
runs east/west and north through the subject site connecting to S 19th Avenue on the eastern
side and Discovery Drive on the western side. Additionally, S 21st Avenue runs north south
through the site between Graf Street to the south and connects with Arnold Street to the
north.
The applicant feels there is ample future and existing residential to support community
commercial by stating “A substantial amount of high-density multifamily residences exist,
are under construction, or are planned for the neighborhood in which Nexus Point is
located. This application seeks to create services to support a walkable/bike-able
neighborhood comprised of: Nexus Point (262 units), Graf Street Apartments (457 units),
Penrose Apartments (60 units), Enterprise south of Lantern (88 units), and Talbach House
(66 units). This neighborhood encompasses over 900 dwelling units, plus the 250,000 sf
Genesis Business Park, all within approximately one-half mile walking distance from the
public parks/open spaces and proposed commercial lots within the Nexus Point
Subdivision.”
The applicant is correct in that a substantial number of residential units are in various
planning stages, however, new development is spread out in the south side region and it
will take several years to really see the impact of this new development. Careful placement
of commercial nodes is critical to ensure their success. The future land use map depicts
areas suitable for commercial development with implementing zone districts to provide
these services. Making adjustments to this map requires careful consideration to ensure
compliance with the City’s long range growth policy in the Bozeman Community Plan
2020.
N-2.2 Revise the zoning map to support higher intensity residential districts near schools,
services, and transportation.
N-2.3 Investigate and encourage development of commerce concurrent with, or soon after,
residential development.
The B-2M district promotes the development of commercial nodes and supports higher
intensity residential uses. The applicant further suggests “Updating the zoning of the two
proposed commercial lots from R-O to B-2M in addition with the Growth Policy
Amendment (23205) will help facilitate the City’s growth goals. There are currently no
support services within this neighborhood. Providing commercial services like the
proposed market and restaurant will allow for a neighborho od focal point, reducing car
dependency, increasing community identity, and positively contributing to the overall
economic health of the community. Promoting this commercial space within the Nexus
Point development aligns with the growth policy, in partic ular Goal N-2 which states,
‘pursue simultaneous emergence of commercial nodes and residential development
through diverse mechanisms in appropriate locations.”
257
Staff Report for the Nexus Point Zone Map Amendment Page 18 of 49
Goal DCD-2: Encourage growth throughout the city, while enhancing the pattern of
community development oriented on centers of employment and activity. Support an
increase in development intensity within developed areas.
DCD-2.2 Support higher density development along main corridors and at high visibility
street corners to accommodate population growth and support businesses.
The B-2M district supports higher density and mixed-use developments at the
neighborhood scale. The property highlighted in this application is located adjacent to S
19th Avenue, designated a primary arterial and Arnold Street which bisects the site running
east/west, a designated local street. The applicant argues “The lots are located at the
primary entry to Nexus Point from S 19th Avenue, giving identity to the neighborhood by
providing a visible and distinct focal point, as well as employment and service
opportunities.”
DCD-1.5 Identify zone appropriate locations for neighborhood-scale commercial
development.
M-1.1 Prioritize mixed use land use patterns. Encourage and enable the development of
housing, jobs, and services in close proximity to one another.
The B-2M district is designed as a mixed-use district. Development that is consistent with
the B-2M intent and permitted uses encourage development to be built at densities that
support multimodal transportation and adjacency of housing, jobs, and services.
Staff concurs with a number of these identified goals and objectives. 19 th Avenue is a
designated primary arterial and Arnold Street is a designated local street that could serve a
business district. The intent of the B-2M district is to function as a vibrant mixed-use district
that accommodates substantial growth and enhances the character of the city. Substantial
residential development is occurring south of Stucky on the east and west sides of 19th Avenue.
Existing commercial within a quarter mile of the subject site is located at the southwest corner
of South 19th Avenue and Stucky Road located within the county. A mile travelled from the
subject site is an additional commercial area and a deli located on the south side of Kagy
Boulevard and S. 11th Avenue, and about a mile and a half traveled is Town and Country
grocery store with some other local shops and restaurants north of Kagy on 11th Avenue. While
there are some nearby commercial shops within a half mile of the site west of S 19th Avenue,
much of the commercial is on the east side of 19th Avenue. Additional commercial may be
warranted given the number of new residential units in various stages of development in this
south side region.
258
Staff Report for the Nexus Point Zone Map Amendment Page 19 of 49
B. Secure safety from fire and other dangers.
Criterion met. The subject property is already annexed and currently served by City of
Bozeman Fire and Police Departments. Future development of the property will be required to
conform to all City of Bozeman public safety, building and land use requirements, which will
ensure this criterion is met. The change from R-O to B-2M is not likely to adversely impact
safety from fire and other dangers. Building standards such as heights and setbacks were
previously evaluated when the B2-M district was created and were found to be consistent with
this criterion. The on-going relocation of First Station 2 to Kagy will place emergency services
closer with shorter response times than currently exist.
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
18.02 International
Fire code
Adopt standards for
fire prevention and
control
Fire/EMS master
plan, International
Fire Code
Site plan and building
permit
38.400
Transportation
Facilities and
Access
Streets standards for
size and
construction
Transportation
Master Plan
Subdivision or site plan
review
38.400.010 Streets,
general
Access for
emergency services
Transportation
Master Plan
Subdivision or site plan.
38.410.090 Fire
protection
requirements
Development design
Fire/EMS master
plan, International
Fire Code
Subdivision, Site plan,
and building permit
C. Promote public health, public safety, and general welfare.
Criterion met. City development standards included in Chapter 38, Unified Development
Code, building codes, and engineering standards all ensure that this criterion is met. Adequate
water and sewer supply and conveyance provide for public health through clean water. Rapid
and effective emergency response provides for public safety. The City’s standards ensure that
adequate services are provided prior to building construction which advances this criterion.
General welfare has been evaluated during the adoption of Chapter 38 and found to be
advanced by the adopted standards. Provision of parks, control of storm water, and other
features of the City’s development standards also advance the general welfare. Compliance
with the BCP 2020 as described in Section 4, Criterion A shows advancement of the well-
being of the community as a whole. See also Criterion B.
259
Staff Report for the Nexus Point Zone Map Amendment Page 20 of 49
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
18.02 International
Fire code
Adopt standards for
fire prevention and
control
Fire/EMS master
plan, International
Fire Code
Site plan and building
permit
38.400
Transportation
Facilities and
Access
Streets standards for
size and
construction
Transportation
Master Plan
Subdivision or site plan
review
38.410.070
Municipal water,
sewer systems
Location and
requirement to
install.
Sewer collection
facilities plan,
Water facilities plan
Subdivision or site plan.
38.410.090 Fire
protection
requirements
Development design
Fire/EMS master
plan, International
Fire Code
Subdivision, Site plan,
and building permit
38.420 Parks Standards for
location, type, and
development of
parks and trails
Park, Recreation,
and Active
Transportation Plan
Subdivision or site plan
review
38.5 Project Design Site layouts,
landscaping,
building
configuration, signs,
lighting
Site plan and building
permit
D. Facilitate the provision of transportation, water, sewerage, schools, parks
and other public requirements.
Criterion met. The BCP 2020, page 74, says the following regarding evaluation of Section 4,
Criteria B, C, & D for zoning amendments:
“For a map amendment, all three of the above elements are addressed primarily by
the City’s long-range facility Plans, the City’s capital improvements program, and
development standards adopted by the City. The standards set minimum sizing and
flow requirements, require dedication of parks, provision of right of way for people
and vehicles, keep development out of floodplains, and other items to address public
safety, etc. It is often difficult to assess these issues in detail on a specific site .”
260
Staff Report for the Nexus Point Zone Map Amendment Page 21 of 49
The city conducts extensive planning for municipal transportation, water, sewer, parks, and
other facilities and services provided by the City. The adopted plans allow the City to consider
existing conditions and identify enhancements needed to provide additional service needed by
new development. The city implements these plans through its capital improvements program
that identifies individual projects, project construction scheduling, and financing of
construction.
The subject properties are within the City’s land use, transp ortation, parks, and utility planning
areas. Those plans show this property as developing within the City when development is
proposed. The 2025-2049 CIP [External Link] shows transportation system expansion projects
on Kagy Blvd and Stucky Road that will improve all mode transportation system capacity in
the area. Development consistent with City standards will improve connectivity of sidewalks
to adjacent residential and commercial districts. Most of the site has been recently developed.
Additional improvements required to serve the proposed commercial development on the B-
2M proposed areas will be determined with this and subsequent applications prior to
development and shall conform to regulations contained the Bozeman Municipal Code.
As stated in 38.300.020.C, the designation of a zoning district does not guarantee approval of
new development until the City verifies the availability of needed infrastructure. All zoning
districts in Bozeman enable a wide range of uses and intensities. At time of future subdivision
or site plan review the need for individual services can be more precisely determined. No
subdivision or site plan is approved without demonstration of adequate capacity.
38.300.020.C, “Placement of any given zoning district on an area depicted on the zoning
map indicates a judgment on the part of the city that the range of uses allowed within that
district are generally acceptable in that location. It is not a guarantee of approval for any
given use prior to the completion of the appropriate review procedure and compliance with
all of the applicable requirements and development standards of this chapter and other
applicable policies, laws and ordinances. It is also not a guarantee of immediate
infrastructure availability or a commitment on the part of the city to bear the cost of
extending services.”
Because this application is accompanied by a growth policy amendment application to
allow for commercial mixed use on the site, additional information was required by the
applicant to determine future water demand, sewer capacity, and traffic demand. Trip
generation projections were submitted for the proposed B-2M sites based on the proposed
land use densities. The 2017 Bozeman Transportation Master Plan (TMP) 2017 provides
roadway capacities and expected 2040 volumes for roadways throughout the city. Many
roadway projects have been completed as part of the CIP program. The proposed change
in zoning from R-O to B-2M is expected to result in an increase in traffic demand, but it
is not anticipated to exceed roadway capacities according to the traffic technical report
submitted by an engineer working with the applicant. This report is currently being
261
Staff Report for the Nexus Point Zone Map Amendment Page 22 of 49
reviewed by city staff. A water and sewer technical memo was submitted with the growth
policy amendment application providing the maximum water demand plus fire flow and
peak hour water demand associated with the proposed zoning. A peak hour sanitary flow
rate associated with the proposed zoning was submitted for evaluation as well.
Engineering staff as indicated from a preliminary review of the water and sewer
calculations within the reports submitted by the applicant, there appears to be suf ficient
water and sewer capacity for the proposed zone change. Additional technical information
will be included in all analysis when considering development applications. All future
construction must extend services in conjunction with subdivision and site development.
Those extensions must meet current standards and will advance this standard.
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
18.02 International
Fire code
Adopt standards for
fire prevention and
control
Fire/EMS master
plan, International
Fire Code
Site plan and building
permit
38.400
Transportation
Facilities and
Access
Streets standards for
size and
construction
Transportation
Master Plan
Subdivision or site plan
review
38.410.060
Easements
Location and form
of easements for
utilities
Transportation
Master Plan, Sewer
collection facilities
plan, Water
facilities plan
Annexation for collector
and arterial streets.
Subdivision or site plan
for all others.
38.410.070
Municipal water,
sewer systems
Location and
requirement to
install.
Sewer collection
facilities plan,
Water facilities plan
Subdivision or site plan.
38.410.090 Fire
protection
requirements
Development design
Fire/EMS master
plan, International
Fire Code
Subdivision, Site plan,
and building permit
38.420 Parks Standards for
location, type, and
development of
parks and trails
Park, Recreation,
and Active
Transportation Plan
Subdivision or site plan
review
262
Staff Report for the Nexus Point Zone Map Amendment Page 23 of 49
E. Reasonable provision of adequate light and air.
Criterion met. The B-2M district provides adequate light and air through the Bozeman Unified
Development Code’s standards for park and recreation requirements, on-site open space for
residential uses, maximum building height, lot coverage, and setback requirements.
The form and intensity standards, Division 38.320, provide minimum lot areas, lot widths, lot
coverage and maximum floor area ratios, and prescribe require minimum separation from
property lines and limits building heights. Section 38.520.030 requires building placement to
ensure access to light and air. Division 38.420 and Section 38.520.060 require dedication of
parks and on-site open spaces to meet needs of residents. The standards provide a reasonable
provision of adequate light and air.
Any future development of the property will be required to conform to City standards for
setbacks, height, lot coverage, and buffering. The criterion is not about personal preferences
but about protection of public health and safety. The adopted standards address protection of
public health and safety.
In addition to the zoning standards, adopted building codes contain more detailed requirements
for air circulation, window placement, and building separation that further ensure the intent of
this criterion is satisfied.
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
38.320 Form and
Intensity Standards
Standards for
building placement
and maximum size
Subdivision, site plan
review, building permit
38.420 Parks Standards for
location, type, and
development of
parks and trails
Park, Recreation,
and Active
Transportation Plan
Subdivision or site plan
review
38.520.060 On-site
residential and
commercial open
space
Private land open
area requirements
Site plan
F. The effect on motorized and non-motorized transportation systems.
Criterion met. Potential future development within a zoning district of B-2M will affect the
City’s motorized and non-motorized transportation system with increased traffic and vehicle
trips along South 19th Avenue and Graf Street. The applicant argues as well that “the addition
of B-2M zoning has the potential to reduce the use of motorized transportation systems as the
263
Staff Report for the Nexus Point Zone Map Amendment Page 24 of 49
proposed commercial spaces of a market and restaurant will allow residents to remain within
their neighborhood instead of seeking these services elsewhere. The commercial lots are
integrated in a pedestrian-friendly manner through a network of sidewalks and trail system
connecting the commercial lots to residential developments outside Nexus Point as well .”
The proposed zoning will allow for a moderately higher density of uses than is currently
allowed under R-O zoning districts. The City’s transportation plan is used to evaluate
transportation needs over the long term throughout the City and will evaluate impacts of
motorized vehicles along with bikes and pedestrians. The parks and trails plans also examine
and specify options for extensions of the existing trail network through this site. Future site
development will examine impacts in greater detail on the transportation network, parks, and
trails system, and municipal facilities when specific construction has been identified.
Furthermore, these future development reviews will ensure that development under the new
zoning will comply with the City’s standards for the provision of onsite parking for bicycles
and vehicles, as well as the requirements for onsite circulation.
Traffic impacts will be studied by the development team to demonstrate compliance with the
City’s long-range transportation plans. Future project development will ensure com pliance
with the acceptable traffic limits identified in the transportation plans, as well as provide for
the dedication of rights of way, construction or reconstruction of streets and trails, payment of
impact fees, and other contributions as will be applicable to this project.
As previously mentioned, the City conducts extensive planning for municipal transportation,
water, sewer, parks, sustainability, and other facilities and services provided by the City. The
adopted plans allow the City to consider existing conditions; and identify enhancements
needed to provide service to new development.
The subject properties are within the City’s land use, transportation, parks, and utility planning
areas. Those plans show this property as developing within the City when development is
proposed. The 2025-2049 CIP [External link] shows transportation system expansion projects
on Kagy Blvd and Stucky Road that will improve all mode transportation capacity in the area.
Development consistent with City standards will add/improve connectivity of sidewalks to
SRX South development and the Blackwood Groves development.
Future development and redevelopment of the property will be required to comply with
transportation-related standards and reviewed for impacts on the surrounding streets,
intersections, and sidewalks, and improvements to the transportation network to serve the site,
which will improve the overall transportation system. These improvements include provisions
for non-motorized transportation systems. The change in zoning district will have a minimal
effect on required road improvements, pedestrian or bicycle facilities, or similar compliance
with standards. The site is adjacent to one primary arterial (19th Avenue) and one local street
(Arnold Street), both of which have capacity to carry additional traffic.
264
Staff Report for the Nexus Point Zone Map Amendment Page 25 of 49
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
38.400
Transportation
Facilities and
Access
Streets standards for
size and
construction
Transportation
Master Plan
Subdivision or site plan
review
38.410.060
Easements
Location and form
of easements for
utilities
Transportation
Master Plan,
Annexation for collector
and arterial streets.
Subdivision or site plan
for all others.
38.420.110
Recreation
Pathways
Location and
requirement to
install.
Park, Recreation,
and Active
Transportation Plan
Annexation for Class 1
Trails easement.
Subdivision or site plan
for all else.
G. Promotion of compatible urban growth.
Criterion met. The Bozeman Community Plan establishes a preferred and compatible
development pattern. “The land use map sets generalized expectations for what goes where in
the community… The land use categories and descriptions provide a guide for appropriate
development and redevelopment locations for civic, residential, commercial, industrial, and
other uses. The future land use designations are important because they aim to further the
vision and goals of the City through promoting sustainability, citizen and visitor safety, and a
high quality of life that will shape Bozeman’s future.” (Community Plan p. 51).
The City’s future land use map designates the property as Urban Neighborhood in the BCP
2020. As previously mentioned, accompanying this application is a Growth Policy
Amendment (application (23205) to amend the future land use map from Urban Neighborhood
to Community Commercial Mixed Use on 1.23 acres as shown in Map Series - Figure 3, page
7. The Community Commercial Mixed Use designation correlates with several zoning districts
including the B-2M district proposed by the applicants. The districts were developed by the
City to promote appropriate urban growth compatible with the areas of the City and provide
for public and quasi-public uses outside of other districts as identified on the future land use
map. Based on the proposed land use map designation in the Growth Policy Amendment
(application 23205) and correlated zoning districts in the plan and proposed by the applicants,
the zone map amendment would promote compatible urban growth. Also see the discussion
in (H) below.
The applicant provides additional support by stating “the proposed rezoning from R-O to B-
2M for the two proposed commercial lots supports urban growth by encouraging the City’s
265
Staff Report for the Nexus Point Zone Map Amendment Page 26 of 49
goal of developing well-planned walkable neighborhoods. This rezoning will allow for needed
supportive commercial services to be developed, supporting economic health and vibrancy of
the city.”
The intent of the B-2M community business district-mixed zone is to function as a vibrant
mixed-use district that accommodates substantial growth and enhances the character of the
city. This district provides for a range of commercial uses that serve both the immediate area
and the broader trade area and encourages the integration of multi-household residential as a
secondary use. Design standards emphasizing pedestrian-oriented design are important
elements of this district. Use of this zone is appropriate for arterial corridors, commercial nodes
and/or areas served by transit.
Looking out about a mile around the subject site illustrates a great deal of new development
and growth in addition to existing development from the last 10 years. A majority of existing
residential units are between one half to one mile west and south of the subject site. There are
a number of new residential units being proposed and in construction west, south and east of
the subject site. Gran Cielo to the west is actively in construction with single family homes,
condominiums and apartment units. The Bennet site to the east has been rezoned to REMU
which will consist of high-density housing. Across the street to the east there are proposals to
develop high density residential units by S 19th and Graf Street. The subject site is also within
proximity of other residential communities including Nexus Point Apartments, Homestead
Buffalo Run, Meadow Creek, Southbridge, 19th & Graf Apartments, and Blackwood Groves.
The applicant has stated there are over 900 dwelling units within walking and biking distance
to the site that could help serve the proposed commercial component. There are existing
recently constructed apartment buildings on 8.8 acres within the subject site where the
applicant is requesting to rezone lots from R-O to R-4 as part of this application, which will be
discussed in further detail below under zoning criteria for the proposed R-4 and PLI districts,
on page 25.
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
38.310 Permitted
Uses
What can be done
where in the city.
Growth policy Subdivision, site plan
review, building permit
38.320 Form and
Intensity Standards
Standards for
building placement
and maximum size
Subdivision, site plan
review, building permit
38.320.060 Zone
Edge Transitions
Height adjustments
on the edge of some
zones
Site plan
266
Staff Report for the Nexus Point Zone Map Amendment Page 27 of 49
38.340 Overlay
District Standards
Historic
preservation
SOI Standards for
Historic
Preservation,
Design Guidelines
for Historic
Preservation
Site plan and building
permit
38.5 Project Design Site layouts,
landscaping,
building
configuration, signs,
lighting
Site plan and building
permit
H. Character of the district.
Criterion met. Section 76-2-302, MCA says “…legislative body may divide the municipality
into districts of the number, shape, and area as are considered best suited to carry out the
purposes [promoting health, safety, morals, or the general welfare of the community] of this
part.” Emphasis added.
This proposal amends the zoning map and not the text. Therefore, no element of this
amendment modifies the standards of any zoning district. The character of the districts as
created by those standards remains intact.
As noted above, the City Commission has latitude in considering the geographical extents of a
zoning district. Application of any municipal zoning district to the subject property will alter
the existing character of the subject property which is approximately 40 acres of undeveloped
land. It is not expected that zoning freeze the character of an area in perpetuity. Rather, it
provides a structured method to consider changes to the character.
The city has defined compatible development as:
“The use of land and the construction and use of structures which is in harmony with
adjoining development, existing neighborhoods, and the goals and objectives of the city's
adopted growth policy. Elements of compatible development include, but are not limited to,
variety of architectural design; rhythm of architectural elements; scale; intensity; materials;
building siting; lot and building size; hours of operation; and integration with existing
community systems including water and sewer services, natural elements in the area,
motorized and non-motorized transportation, and open spaces and parks. Compatible
development does not require uniformity or monotony of architectural or site design, density
or use.”
267
Staff Report for the Nexus Point Zone Map Amendment Page 28 of 49
Community business district-mixed (B-2M)
1. The intent of the B-2M community business district-mixed is to function as a vibrant
mixed-use district that accommodates substantial growth and enhances the character of
the city. This district provides for a range of commercial uses that serve both the
immediate area and the broader trade area and encourages the integration of multi-
household residential as a secondary use. Design standards emphasizing pedestrian-
oriented design are important elements of this district. Use of this zone is appropriate
for arterial corridors, commercial nodes and/or areas served by transit.
The city has adopted many standards to identify and avoid or mitigate demonstrable negative
impacts of development. These will support the ability of future development in the proposed
B-2M district to be compatible with the proposed adjacent mixed use district, where both will
help serve the expanding residential development within this southern region of the city. The
proposed zone district allows the applicant to construct a variety of commercial-sized
buildings as well as some secondary residential uses like townhomes and apartment
buildings.
A majority of the existing uses within a mile of the subject site are residential, however, there
are a few commercial services directly north of the site located in the county. Uses allowed in
the B-2M district do expand beyond what is existing, however, this brings an opportunity to
allow much needed new uses that could serve this southern region. The applicant argues “The
B-2M zoning will allow for development of supportive services to the surrounding residential
areas. The subject properties are bounded by S 19th Avenue to the east, creating a substantial
physical barrier to other neighborhoods. There are no services located on the west side of S
19th Avenue. The B-2M zoning will facilitate a commercial area that can be a district focal
point of the neighborhood, creating an identity for and promoting the character of the district.”
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
38.310 Permitted
Uses
What can be done
where in the city.
Growth policy Subdivision, site plan
review, building permit
38.320 Form and
Intensity Standards
Standards for
building placement
and maximum size
Subdivision, site plan
review, building permit
38.320.060 Zone
Edge Transitions
Height adjustments
on the edge of some
zones
Site plan
38.340 Overlay
District Standards
Historic
preservation
SOI Standards for
Historic
Preservation,
Design Guidelines
Site plan and building
permit
268
Staff Report for the Nexus Point Zone Map Amendment Page 29 of 49
for Historic
Preservation
38.5 Project Design Site layouts,
landscaping,
building
configuration, signs,
lighting
Site plan and building
permit
I. Peculiar suitability for particular uses.
Criterion met. The 8.8 acres proposed to be R-4, which lie west of the two requested B-2M
acreage, were recently constructed with apartment buildings. The lot south of the subject site
is proposed to be PLI and was recently constructed as a public park. The intent of the
undeveloped 1.23 acres with the requested zone district of B-2M is to provide neighborhood
commercial and additional upper floor residential to serve the existing and proposed residential
units within this larger south side region. The subject site is accessed by South 19 th Avenue
and Arnold Street which are designated principal arterial and local streets. There are additional
local streets providing access to the site including S 21st Avenue running north-south between
Arnold Street and Graf Street, and Lantern Drive running east-west between Enterprise
Boulevard and S 21st Avenue. These streets allow for multiple access points to the project site.
The property has access to water lines and sewer extensions along Arnold Street and is
currently served by the City of Bozeman Police and Fire Departments. Considering this, the
streets serving the project site, existing city services and land uses in the immediate area, the
proposed B-2M district could offer uses not that are needed in this region.
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
38.310 Permitted
Uses
What can be done
where in the city.
Growth policy Subdivision, site plan
review, building permit
38.320 Form and
Intensity Standards
Standards for
building placement
and maximum size
Subdivision, site plan
review, building permit
38.600 Natural
Resource Protection
Protect watercourses
and wetlands
FEMA Floodplain
study
Subdivision, site plan
review, building permit
269
Staff Report for the Nexus Point Zone Map Amendment Page 30 of 49
J. Conserving the value of buildings.
Criterion met. The subject site was recently developed with eight apartment buildings
comprised of 120 units. Phase II of the Nexus Point Master Site Plan is in the building permit
phase and will consist of 142 units in three apartment buildings with a café to be located
southwest of the subject site within the Nexus Point Subdivision. The proposed amendment is
for 1.23 acres on the eastern side of the subject site to allow for commercial services to serve
the existing and proposed residential development around the site. Additional developed areas
are either separated by S. 19th Avenue or other right of way or over 450 feet away. The
amendment does not modify the existing standards of the B-2M district. The B-2M zone allows
both commercial and residential uses. Future development must comply with the Bozeman
Unified Development Code which will ensure an appropriate scale and intensity of uses. As a
result, the proposed zone map amendment is not anticipated to negatively impact nearby
building and lot values as the permitted uses allowed in the B-2M district will be appropriate
to the surrounding character of the district.
K. Encourage the most appropriate use of land throughout the jurisdictional
area.
Criterion neutral. The Future land use map has this site designated as Urban Neighborhood
which does not allow B-2M as an implementing zone district. As previously mentioned this
analysis is based on the assumption that the GPA application (23205) is approved to change
the land use designation for 1.23 acres from Urban Neighborhood to Community Commercial
Mixed Use which includes B-2M as an implementing zone district. The location of this site
with access to an existing primary arterial and local street, with existing utilities nearby has the
opportunity to offer expanded services to a growing region of residential development in this
south side region of the city. The applicant argues “The existing development was built
according to R-4 zoning standards and no commercial offices exist. The lots proposed to be
zoned as B-2M are adjacent to S 19th Avenue, a major arterial street. This commercial zoning
would provide needed commercial services to the surrounding and adjacent neighborhoods as
well as serving as a distinct focal point for the neighborhood from S 19th Avenue.”
As this analysis is based on the possible approval of the growth policy amendment, if the
amendment is not approved this criterion is not met. The future land use map from the growth
policy establishes the basic determination of appropriate use of land. As previously mentioned,
analysis in response to the requested R-4 and PLI zoning districts are following.
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Staff Report for the Nexus Point Zone Map Amendment Page 31 of 49
Section 76-2-304, MCA (Zoning) Criteria (R-4 & PLI)
A. Be in accordance with a growth policy.
Criterion met. The BCP 2020, Chapter 5, p. 73, in the section titled Review Criteria for Zoning
Amendments and Their Application, discusses how the various criteria in 76 -2-304 MCA are
applied locally. Application of the criteria varies depending on whether an amendment is for
the zoning map or for the text of Chapter 38, BMC. The first criterion for a zoning amendment
is accordance with a growth policy.
Future Land Use Map
The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze
compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future land
use map. The introduction to that chapter discusses the importance of the chapter. Following
are some excerpts.
“Future land use is the community’s fundamental building block. It is an illustration of the
City’s desired outcome to accommodate the complex and diverse needs of its residents.”
“The land use map sets generalized expectations for what goes where in the community.
Each category has its own descriptions. Understanding the future land use map is not
possible without understanding the category descriptions.”
The area of this application is within the annexed area of the city and where there is anticipated
development within the City as discussed below. As shown on the maps in Section 1, on the
excerpt of the current future land use map, the property is designated as Urban Neighborhood.
The Urban Neighborhood designation description reads:
“This category primarily includes urban density homes in a variety of types, shapes,
sizes, and intensities. Large areas of any single type of housing are discouraged. In
limited instances, an area may develop at a lower gross density due to site constraints
and/or natural features such as floodplains or steep slopes. Complementary uses such
as parks, home-based occupations, fire stations, churches, schools, and some
neighborhood-serving commerce provide activity centers for community gathering and
services. The Urban Neighborhood designation indicates that development is expected
to occur within municipal boundaries. This may require annexation prior to
development.
Applying a zoning district to specific parcels sets the required and allowed density.
Higher density residential areas are encouraged to be, but are not required or
restricted to, proximity to commercial mixed- use areas to facilitate the provision of
services and employment opportunities without requiring the use of a car.”
The correlation between the future land use map of the growth policy and the zoning districts
is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following
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Staff Report for the Nexus Point Zone Map Amendment Page 32 of 49
Correlation with Zoning Table the R-4 and PLI districts are implementing districts of the Urban
Neighborhood category.
Goals and Policies
A zoning amendment is also evaluated against the goals and policies of the BCP 2020. Most
of the goals and policies are not applicable to this application. Relevant goals and objectives
have been identified by staff. Conflict with the text of the growth policy have not been
identified.
The Short Term Action list on page 63 of the BCP 2020 describes 14 items to implement the
growth policy. The first two relate to direct changes to the zoning map in support of listed
goals and objectives. These include increasing the intensity of zoning districts in already
developed areas. Beginning on page 71 of the BCP 2020 in the section titled Zoning
Amendment Review, the document discusses how the city implements zoning for new areas,
amendments to areas, and revisions to existing text. This section includes a discussion of when
the city may initiate a zoning change to a more intensive district to increase development
opportunities. This section demonstrates that the City, as a matter of policy, is supportive of
more intensive zoning districts and development, even within already developed areas. This
policy approach does not specify any individual district but does lean towards the more
intensive portion of the zoning district spectrum.
The applicant states “The Urban Neighborhood category primarily includes urban density
homes and correlates with a variety of zoning districts including the proposed R-4 zoning for
the Phase I apartments. The Phase I apartments are currently zoned R-O and although Urban
Neighborhood also allows for this zoning, R-4 is a more appropriate zone for these lots as
these lots have been built according to R-4 zoning standards and contain no commercial use.
In addition, every existing adjacent apartment complex is zoned R-4.”
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Staff Report for the Nexus Point Zone Map Amendment Page 33 of 49
Staff concurs with the applicant regarding the intent and purpose of the R-O and R-4 districts,
and suggesting R-4 as a more appropriate zone district for the existing uses. The applicant
continues to suggest numerous goals and objectives that are broadly served with this
application. Staff is in general agreement with the list. These include:
Goal N-1: Support well-planned, walkable neighborhoods.
N-1.2 Increase required minimum densities in residential districts.
R-4 offers slightly higher minimum density requirements than R-O. The applicant has
indicated the existing development was constructed to R-4 standards.
N-1.10 Increase connectivity between parks and neighborhoods through continued trail
and sidewalk development. Prioritize closing gaps within the network.
The existing apartment units and public park were constructed in 2022 as their Phase I
development. The park offers connecting walkways to newly development apartments to
the north and additional access points to the park for residents in nearby residential
neighborhoods to the west and south.
Staff concurs with a number of these identified goals and objectives. 19 th Avenue is a
designated primary arterial and Arnold Street is a designated local street that could serve a
mixed-use district with apartment units and the proposed commercial component. The intent
of the R-4 district is to provide for high-density residential development through a variety of
housing types within the city with associated service functions. The existing apartment
buildings and clubhouse serve a growing need for rental units. The clubhouse and public park
provide recreational and social opportunities for existing and future residents.
B. Secure safety from fire and other dangers.
Criterion met. The subject property is currently served by City of Bozeman Fire and Police
Departments. The sites proposed to be rezoned to R-4 and PLI have been recently developed
as part of the Nexus Point Phase I Site Plan application (19262). Future development of the
property will be required to conform to all City of Bozeman public safety, building and land
use requirements, which will ensure this criterion is met. The change from R-O to R-4 and
PLI is not likely to adversely impact safety from fire and other dangers. The on-going
relocation of First Station 2 to Kagy will place emergency services closer with shorter response
times than currently exist.
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
18.02 International
Fire code
Adopt standards for
fire prevention and
control
Fire/EMS master
plan, International
Fire Code
Site plan and building
permit
273
Staff Report for the Nexus Point Zone Map Amendment Page 34 of 49
38.400
Transportation
Facilities and
Access
Streets standards for
size and
construction
Transportation
Master Plan
Subdivision or site plan
review
38.400.010 Streets,
general
Access for
emergency services
Transportation
Master Plan
Subdivision or site plan.
38.410.090 Fire
protection
requirements
Development design
Fire/EMS master
plan, International
Fire Code
Subdivision, Site plan,
and building permit
C. Promote public health, public safety, and general welfare.
Criterion met. City development standards included in Chapter 38, Unified Development
Code, building codes, and engineering standards all ensure that this criterion is met. Adequate
water and sewer supply and conveyance provide for public health through clean water. Rapid
and effective emergency response provides for public safety. The City’s standards ensure that
adequate services are provided prior to building construction which advances this criterion.
The Nexus Point approved Master Site Plan (application 19263) required necessary
infrastructure prior to future development satisfying many of these requirements when
constructing the existing multi-family development. General welfare has been evaluated
during the adoption of Chapter 38 and found to be advanced by the adopted standards.
Provision of parks, control of storm water, and other features of the City’s development
standards also advance the general welfare. Compliance with the BCP 2020 as described in
Section 4, Criterion A shows advancement of the well-being of the community as a whole. See
also Criterion B.
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
18.02 International
Fire code
Adopt standards for
fire prevention and
control
Fire/EMS master
plan, International
Fire Code
Site plan and building
permit
38.400
Transportation
Facilities and
Access
Streets standards for
size and
construction
Transportation
Master Plan
Subdivision or site plan
review
38.410.070
Municipal water,
sewer systems
Location and
requirement to
install.
Sewer collection
facilities plan,
Water facilities plan
Subdivision or site plan.
274
Staff Report for the Nexus Point Zone Map Amendment Page 35 of 49
38.410.090 Fire
protection
requirements
Development design
Fire/EMS master
plan, International
Fire Code
Subdivision, Site plan,
and building permit
38.420 Parks Standards for
location, type, and
development of
parks and trails
Park, Recreation,
and Active
Transportation Plan
Subdivision or site plan
review
38.5 Project Design Site layouts,
landscaping,
building
configuration, signs,
lighting
Site plan and building
permit
D. Facilitate the provision of transportation, water, sewerage, schools, parks
and other public requirements.
Criterion met. The applicant states “Current development on this parcel proposed to be
rezoned to R-4 and PLI have been reviewed by the City of Bozeman for adequate provision of
transportation, water, sewer, schools, parks, and other public requirements as specified in the
city’s development and engineering standards. If it is determined during the City’s review
process that additional improvements are required to adequately serve the proposed
development, those improvements would be required to be constructed and/or pay impact fees,
assessments, and taxes to support transportation, water, sewer, school, parks, and other public
requirements.”
The BCP 2020, page 74, says the following regarding evaluation of Section 4, Criteria B, C,
& D for zoning amendments:
“For a map amendment, all three of the above elements are addressed primarily by
the City’s long-range facility Plans, the City’s capital improvements program, and
development standards adopted by the city. The standards set minimum sizing and
flow requirements, require dedication of parks, provision of right of way for people
and vehicles, keep development out of floodplains, and other items to address public
safety, etc. It is often difficult to assess these issues in detail on a specific site .”
The city conducts extensive planning for municipal transportation, water, sewer, parks,
sustainability, and other facilities and services provided by the city. The adopted plans allow
the City to consider existing conditions; and identify enhancements needed to provide service
to new development. See page 19 of the BCP 2020 for a listing. The city implements these
plans through its capital improvements program (CIP). The CIP identifies individual projects,
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Staff Report for the Nexus Point Zone Map Amendment Page 36 of 49
project construction scheduling, and financing of construction for infrastructure. Private
development must demonstrate compliance with standards prior to construction.
The subject properties are within the City’s land use, transportation, parks, and utility planning
areas. Those plans show this property as developing within the City when development is
proposed. The 2025-2049 CIP [External Link] shows transportation system expansion projects
on Kagy Blvd and Stucky Road that will improve all mode transportation system capacity in
the area. Development consistent with City standards will improve connectivity of sidewalks
to adjacent residential and commercial districts. Most of the site has been recently developed
with residential units and a public park. Additional improvements required to serve the
proposed commercial development on the B-2M lots will be determined with this and
subsequent applications prior to development and shall conform to regulations contained the
Bozeman Municipal Code.
As stated in 38.300.020.C, the designation of a zoning district does not guarantee approval of
new development until the City verifies the availability of needed infrastructure.
38.300.020.C, “Placement of any given zoning district on an area depicted on the
zoning map indicates a judgment on the part of the city that the range of uses allowed
within that district are generally acceptable in that location. It is not a guarantee of
approval for any given use prior to the completion of the appropriate review procedure
and compliance with all of the applicable requirements and development standards of
this chapter and other applicable policies, laws and ordinances. It is also not a
guarantee of immediate infrastructure availability or a commitment on the part of the
city to bear the cost of extending services.”
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
18.02 International
Fire code
Adopt standards for
fire prevention and
control
Fire/EMS master
plan, International
Fire Code
Site plan and building
permit
38.400
Transportation
Facilities and
Access
Streets standards for
size and
construction
Transportation
Master Plan
Subdivision or site plan
review
38.410.060
Easements
Location and form
of easements for
utilities
Transportation
Master Plan, Sewer
collection facilities
plan, Water
facilities plan
Annexation for collector
and arterial streets.
Subdivision or site plan
for all others.
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Staff Report for the Nexus Point Zone Map Amendment Page 37 of 49
38.410.070
Municipal water,
sewer systems
Location and
requirement to
install.
Sewer collection
facilities plan,
Water facilities plan
Subdivision or site plan.
38.410.090 Fire
protection
requirements
Development design
Fire/EMS master
plan, International
Fire Code
Subdivision, Site plan,
and building permit
38.420 Parks Standards for
location, type, and
development of
parks and trails
Park, Recreation,
and Active
Transportation Plan
Subdivision or site plan
review
E. Reasonable provision of adequate light and air.
Criterion met. The R-4 and PLI districts provide adequate light and air through the Bozeman
Unified Development Code’s standards for park and recreation requirements, on-site open
space for residential uses, maximum building height, lot coverage, and setback requirements.
The form and intensity standards, Division 38.320, provide minimum lot areas, lot widths, lot
coverage and maximum floor area ratios, and prescribe require minimum separation from
property lines and limits building heights. Section 38.520.030 requires building placement to
ensure access to light and air. Division 38.420 and Section 38.520.060 require dedication of
parks and on-site open spaces to meet needs of residents. The standards provide a reasonable
provision of adequate light and air.
Any future and existing development of the property is required to conform to City standards
for setbacks, height, lot coverage, and buffering. The criterion is not about personal preferences
but about protection of public health and safety. The adopted standards address protection of
public health and safety.
In addition to the zoning standards, adopted building codes contain more detailed requirements
for air circulation, window placement, and building separation that further ensure the intent of
this criterion is satisfied.
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
38.320 Form and
Intensity Standards
Standards for
building placement
and maximum size
Subdivision, site plan
review, building permit
38.420 Parks Standards for
location, type, and
Park, Recreation,
and Active
Transportation Plan
Subdivision or site plan
review
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Staff Report for the Nexus Point Zone Map Amendment Page 38 of 49
development of
parks and trails
38.520.060 On-site
residential and
commercial open
space
Private land open
area requirements
Site plan
F. The effect on motorized and non-motorized transportation systems.
Criterion met. As previously mentioned, the site has been recently developed with apartment
buildings as part of their master site plan and site plan applications. At a future date, if there is
a proposal for additional or new development within the R-4 district, the proposal will be
reviewed for impacts to the City’s motorized and non-motorized transportation system with
increased traffic and vehicle trips along South 19th Avenue and Graf Street.
The proposed zoning will allow for a slightly higher density of uses than is currently allowed
under R-O zoning districts. The City’s transportation plan is used to evaluate transportation
needs over the long term throughout the City and will evaluate impacts of motorized vehicles
along with bikes and pedestrians. The parks and trails plans also examine and specify options
for extensions of the existing trail network through this site. Future site development will
examine impacts in greater detail on the transportation network, parks, and trails system, and
municipal facilities when specific construction has been identified. Furthermore, these future
development reviews will ensure that development under the new zoning will comply with the
City’s standards for the provision of onsite parking for bicycles and vehicles, as well as the
requirements for onsite circulation.
Traffic impacts will be studied by the development team to demonstrate compliance with the
City’s long-range transportation plans. Future project development will ensure compliance
with the acceptable traffic limits identified in the transportation plans, as well as provide for
the dedication of rights of way, construction or reconstruction of streets and trails, payment of
impact fees, and other contributions as will be applicable to this project.
As previously mentioned, The City conducts extensive planning for municipal transportation,
water, sewer, parks, sustainability, and other facilities and services provided by the City. The
adopted plans allow the City to consider existing conditions; and identify enhancements
needed to provide service to new development.
The subject properties are within the City’s land use, transportation, parks, and utility planning
areas. Those plans show this property as developing within the City when development is
proposed. The 2025-2049 CIP [External link] shows transportation system expansion projects
on Kagy Blvd and Stucky Road that will improve all mode transportation capacity in the area.
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Staff Report for the Nexus Point Zone Map Amendment Page 39 of 49
Development consistent with City standards will add/improve connectivity of sidewalks to
SRX South development and the Blackwood Groves development.
Future development and redevelopment of the property will be required to comply with
transportation-related standards and reviewed for impacts on the surrounding streets,
intersections, and sidewalks, and improvements to the transportation network to serve the site,
which will improve the overall transportation system. These improvements include provisions
for non-motorized transportation systems. The change in zoning district will have a minimal
effect on required road improvements, pedestrian or bicycle facilities, or similar compliance
with standards. The site is adjacent to one primary arterial (19th Avenue) and one local street
(Arnold Street), both of which have capacity to carry additional traffic.
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
38.400
Transportation
Facilities and
Access
Streets standards for
size and
construction
Transportation
Master Plan
Subdivision or site plan
review
38.410.060
Easements
Location and form
of easements for
utilities
Transportation
Master Plan,
Annexation for collector
and arterial streets.
Subdivision or site plan
for all others.
38.420.110
Recreation
Pathways
Location and
requirement to
install.
Park, Recreation,
and Active
Transportation Plan
Annexation for Class 1
Trails easement.
Subdivision or site plan
for all else.
G. Promotion of compatible urban growth.
Criterion met. The Bozeman Community Plan establishes a preferred and compatible
development pattern. “The land use map sets generalized expectations for what goes where in
the community… The land use categories and descriptions provide a guide for appropriate
development and redevelopment locations for civic, residential, commercial, industrial, and
other uses. The future land use designations are important because they aim to further the
vision and goals of the city through promoting sustainability, citizen and visitor safety, and a
high quality of life that will shape Bozeman’s future.” (Community Plan p. 51).
The City’s future land use map designates the property as Urban Neighborhood in the BCP
2020. The areas proposed for R-4 and PLI zoning are implementing zone districts within Urban
Neighborhood. The intent of the R-4 district is to provide for high-density residential
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Staff Report for the Nexus Point Zone Map Amendment Page 40 of 49
development through a variety of housing types in newly developed areas. The intent of the
PLI district is to provide for major public and quasi-public uses outside of other districts.
Design standards emphasizing pedestrian-oriented design are important elements of this
district. Use of this zone is appropriate for areas adjacent to mixed-use districts and/or served
by transit to accommodate a higher density of residents in close proximity to jobs and services.
The existing development within the proposed R-4 district provides high density residential
units to help meet the housing needs of the south side area. South and west of the site are
parcels zoned R-5 and R-4 where a number of new residential units are being proposed and in
construction. The public park to the southeast corner will be accessible from these future
developments to the south and west as well increasing connectivity between adjacent
neighborhoods. The applicant states “the proposed zoning change of R-O to R-4 covers lots
that were built according to R-4 standards with no commercial office uses and is appropriate
zoning under the currently assigned land use of “Urban Neighborhood”. In addition, adjacent
apartment developments located south of Nexus Point are all zoned R-4.”
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
38.310 Permitted
Uses
What can be done
where in the city.
Growth policy Subdivision, site plan
review, building permit
38.320 Form and
Intensity Standards
Standards for
building placement
and maximum size
Subdivision, site plan
review, building permit
38.320.060 Zone
Edge Transitions
Height adjustments
on the edge of some
zones
Site plan
38.340 Overlay
District Standards
Historic
preservation
SOI Standards for
Historic
Preservation,
Design Guidelines
for Historic
Preservation
Site plan and building
permit
38.5 Project Design Site layouts,
landscaping,
building
configuration, signs,
lighting
Site plan and building
permit
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Staff Report for the Nexus Point Zone Map Amendment Page 41 of 49
H. Character of the district.
Criterion met. Section 76-2-302, MCA says “…legislative body may divide the municipality
into districts of the number, shape, and area as are considered best suited to carry out the
purposes [promoting health, safety, morals, or the general welfare of the community] of this
part.” Emphasis added.
This proposal amends the zoning map and not the text. Therefore, no element of this
amendment modifies the standards of any zoning district. The character of the districts as
created by those standards remains intact.
As noted above, the City Commission has latitude in considering the geographical extents of a
zoning district. It is not expected that zoning freeze the character of an area in perpetuity.
Rather, it provides a structured method to consider changes to the character. This is especially
true when applying zoning to undeveloped areas as any new construction will alter the physical
characteristics of the area.
The City has defined compatible development as:
“The use of land and the construction and use of structures which is in harmony with
adjoining development, existing neighborhoods, and the goals and objectives of the
City's adopted growth policy. Elements of compatible development include, but are not
limited to, variety of architectural design; rhythm of architectural elements; scale;
intensity; materials; building siting; lot and building size; hours of operation; and
integration with existing community systems including water and sewer services,
natural elements in the area, motorized and non-motorized transportation, and open
spaces and parks. Compatible development does not require uniformity or monotony of
architectural or site design, density or use.”
Residential High Density district (R-4)
1. 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….Use of this zone is appropriate for areas adjacent to
mixed use districts, commercial districts, and/or served by transit to accommodate a
higher density of residents in close proximity to jobs and services.
The site proposed for R-4 and PLI zoning has recently been developed with high density
housing using R-4 standards. The public park is located in the southeast corner with access
points to adjacent developments north, west, and south of the site. Should th is site be
redeveloped, the City has adopted many standards to identify and avoid or mitigate
demonstrable negative impacts of development. Therefore, this criterion is met.
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Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
38.310 Permitted
Uses
What can be done
where in the city.
Growth policy Subdivision, site plan
review, building permit
38.320 Form and
Intensity Standards
Standards for
building placement
and maximum size
Subdivision, site plan
review, building permit
38.320.060 Zone
Edge Transitions
Height adjustments
on the edge of some
zones
Site plan
38.340 Overlay
District Standards
Historic
preservation
SOI Standards for
Historic
Preservation,
Design Guidelines
for Historic
Preservation
Site plan and building
permit
38.5 Project Design Site layouts,
landscaping,
building
configuration, signs,
lighting
Site plan and building
permit
I. Peculiar suitability for particular uses.
Criterion met. The 8.8 acres proposed to be R-4 were recently constructed with apartment
buildings according to R-4 standards. The lot south of the subject proposed to be PLI was
recently constructed as a public park. The subject site is accessed by South 19th Avenue and
Arnold Street which are designated principal arterial and local streets. There are additional
local streets providing access to the site including S 21st Avenue running north-south between
Arnold Street and Graf Street, and Lantern Drive running east-west between Enterprise
Boulevard and S 21st Avenue. These streets allow for multiple access points to the project site.
The property has access to water lines and sewer extensions along Arnold Street and is
currently served by the City of Bozeman Police and Fire Departments. As previously stated,
there are additional apartments that will be constructed south and west of the site that will
benefit from the public park and neighborhood commercial within the proposed B-2M areas.
Ultimately final determination of suitability will occur during the site development process.
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Staff Report for the Nexus Point Zone Map Amendment Page 43 of 49
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
38.310 Permitted
Uses
What can be done
where in the city.
Growth policy Subdivision, site plan
review, building permit
38.320 Form and
Intensity Standards
Standards for
building placement
and maximum size
Subdivision, site plan
review, building permit
38.600 Natural
Resource Protection
Protect watercourses
and wetlands
FEMA Floodplain
study
Subdivision, site plan
review, building permit
J. Conserving the value of buildings.
Criterion met. The subject site was recently developed with eight apartment buildings
comprised of 120 total units. Phase II of the Nexus Point Master Site Plan is in the building
permit phase and will consist of 142 units in three apartment buildings with a café to be located
southwest of the subject site within the Nexus Point Subdivision. The amendment does not
modify the existing standards of the R-4 and PLI districts. Should there be future
redevelopment of the site, it must comply with the Bozeman Unified Developme nt Code which
will ensure an appropriate scale and intensity of uses. As a result, the proposed zone map
amendment is not anticipated to negatively impact nearby building and lot values as the
permitted uses allowed in the R-4 and PLI districts will be appropriate to the surrounding
character of the district.
K. Encourage the most appropriate use of land throughout the jurisdictional
area.
Criterion met. The Future land use map has this site designated as Urban Neighborhood which
allows R-4 and PLI as implementing zone districts. The location of this site with access to an
existing primary arterial and local street, with existing utilities nearby has the opportunity to
offer expanded services to a growing region of residential development in this south side region
of the city. The applicant argues “The proposed zone map amendment will encourage the most
appropriate use of land throughout the jurisdictional area. The existing development was built
according to R-4 zoning standards and no commercial offices exist. R-4 zoning matches the
zoning of apartment developments in the surrounding areas.”
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Staff Report for the Nexus Point Zone Map Amendment Page 44 of 49
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE
OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT
AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A
PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT
BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING
MEMBERS OF THE CITY COMMISSION.
The City will accept written protests from property owners against the proposal
described in this report until the close of the public hearing before the City
Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s)
of real property within the area affected by the proposal or by owner(s) of real property that
lie within 150 feet of an area affected by the proposal. The protest must be in writing and
must be signed by all owners of the real property. In addition, a sufficient protest must: (i)
contain the application number, a description of the action protested sufficient to identify the
action against which the protest is lodged; and (ii) contain a statement of the protestor's
qualifications (including listing all owners of the property and the physical address), to
protest the action against which the protest is lodged, including ownership of property
affected by the action. Signers are encouraged to print their names after their signatures. A
person may in writing withdraw a previously filed protest at any time prior to final action by
the City Commission. Protests must be delivered to the Bozeman City Clerk, 121 North
Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230.
APPENDIX A - DETAILED PROJECT DESCRIPTION AND
BACKGROUND
A zone map amendment requesting amendment of the City Zoning Map to rezone the subject site
from R-O (Residential Office) into three zone districts, R-4 (Residential High Density District)
(8.08 acres), B-2M (Community Business District-Mixed) (1.23 acres), and PLI (Public Lands and
Institutions) (1.26 acres) consisting of approximately 11.29 acres. This request requires an
amendment to the future land use map from Urban Neighborhood to Community Commercial
Mixed Use to allow B-2M on the subject site. Currently the entire lot has a designation of Urban
Neighborhood. In order to rezone the 1.23 acres to B-2M, the land use designation on the acreage
will need to be changed from Urban Neighborhood to Community Commercial Mixed Use. A
Growth Policy Amendment (application 23205) must be approved prior to approval of the
requested zone map amendment. Staff’s analysis for the B-2M request is based on the assumption
of approval of GPA application (23205).
Prior to the approved Major Subdivision Preliminary Plat, Nexus Point was a single 20 acre lot
zoned R-O. The subject site was recently developed with eight apartment buildings comprised of
120 total dwelling units as part of the Phase I approval (application 19263). Located southwest of
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the lots proposed to be rezoned but within the same subdivision (Nexus Point), is Phase II of the
Nexus Point Master Site Plan. Phase II is currently being reviewed as a building permit that will
consist of 3 apartment buildings containing 142 units and a ground floor café. The site is within
proximity of other residential communities including Gran Cielo, Homestead at Buffalo Run,
Meadow Creek, Southbridge, South Range Crossing, and Blackwood Groves. The existing and
future residential communities offer a wide variety of housing options both rental and for sale.
The B-2M district is classified as a mixed-use district. The intent and purpose of the commercial
zoning districts are to establish areas within the city that are primarily commercial in character and
to set forth certain minimum standards for development within those areas. The purpose in having
more than one commercial district is to provide opportunities for a variety of employment and
community service opportunities within the community, while providing predictability. There is a
rebuttable presumption that the uses set forth for each district will be compatible with each other
both within the individual districts and to adjoining zoning districts when the standards of this
chapter are met and any applicable conditions of approval have been satisfied. Additional
requirements for development apply within overlay districts.
APPENDIX B - NOTICING AND PUBLIC COMMENT
As required by 38.220 (external link), notice was sent via US first class mail to all owners of
property located inside the site and within 200 feet of the perimeter of the site. The project site
was posted with a copy of the notice. The notice was published in the Legal Ads section of the
Bozeman Daily Chronicle on February 24, 2024 and March 2, 2024. Notice was provided at
least 15 but not more than 45 working days prior to any public hearing. The Community
Development Board hearing is scheduled for March 18, 2024, and the City Commission public
hearing is scheduled for April 2, 2024.
Public comments have not been received on this application at the time of writing this report.
Any received comments will be made available through the City’s Laserfiche (External
Link).
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted Growth Policy Designation:
The property is designated as “Urban Neighborhood” in the Bozeman Community Plan 2020.
“This category primarily includes urban density homes in a variety of types, shapes,
sizes, and intensities. Large areas of any single type of housing are discouraged. In
limited instances, an area may develop at a lower gross density due to site constraints
and/or natural features such as floodplains or steep slopes. Complementary uses such
as parks, home-based occupations, fire stations, churches, schools, and some
neighborhood-serving commerce provide activity centers for community gathering and
services. The Urban Neighborhood designation indicates that development is expected
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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.”
Proposed Zoning Designation and Land Uses:
The applicant has requested zoning of R-4, Residential High Density district whose intent is
to:
Residential High Density District (R-4). The intent of the R-4 residential high density district
is to provide for high-density residential development through a variety of housing types
within the city with associated service functions. This purpose is accomplished by:
1. Providing for minimum lot sizes in developed areas consistent with the established
development patterns while providing greater flexibility for clustering lots and
mixing housing types in newly developed areas.
2. Providing for a variety of compatible housing types, including single and multi-
household dwellings to serve the varying needs of the community’s residents.
3. Allowing office use as a secondary use, measured by percentage of total building
area.
Use of this zone is appropriate for areas adjacent to mixed -use districts, commercial districts,
and/or served by transit to accommodate a higher density of residents in close proximity to jobs
and services.
The Zoning Correlation Table on Page 58 of the Bozeman Community Plan 2020 correlates
zoning districts with the Growth Policy’s land use categories, demonstrating that the proposed
zoning designation of R-4 correlates with the Growth Policy’s future land use designation of
“Urban Neighborhood”.
The applicant has requested zoning of PLI, Public Lands and Institutions district whose
intent is to:
“The intent of the PLI public lands and institutions district is to provide for major public and
quasi-public uses outside of other districts. Not all public and quasi-public uses need to be
classified PLI. Some may fit within another district, however, larger areas will be designated
PLI.
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APPENDIX D - PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted Growth Policy Designation (assuming the GPA application has been
approved- #23205):
The property is designated as “Community Commercial Mixed Use” in the Bozeman
Community Plan. Note and describe relevant growth policy components.
“The Community Commercial Mixed-Use category promotes commercial areas
necessary for economic health and vibrancy. This includes professional and personal
services, retail, education, health services, offices, public administration, and tourism
establishments. Density is expected to be higher than it is currently in most commercial
areas in Bozeman and should include multi-story buildings. Residences on upper floors,
in appropriate circumstances, are encouraged. The urban character expected in this
designation includes urban streetscapes, plazas, outdoor seating, public art, and
hardscaped open space and park amenities. High density residential areas are expected
in close proximity. Developments in this land use area should be located on one or two
quadrants of intersections of the arterial and/or collector streets and integrated with
transit and non-automotive routes. Smaller neighborhood scale areas are intended to
provide local service to an area of approximately one half -mile to one mile radius as
well as passersby. These smaller centers support and help give identity to
neighborhoods by providing a visible and distinct focal point as well as employment
and services. Densities of nearby homes needed to support this scale are an average of
14 to 22 dwelling units per net acre.”
Proposed Zoning Designation and Land Uses:
The applicant has requested zoning of B-2M, Community Business District-Mixed whose
intent is to:
“The intent and purpose of the B-2M community business district-mixed is to function as a
vibrant mixed-use district that accommodates substantial growth and enhance the
character of the city. This district provides for a range of commercial uses that serve both
the immediate area and the broader trade area and encourages the integration of multi-
household residential as a secondary use. Design standards emphasizing pedestrian-
oriented design are important elements of this district. Use of this zone is appropriate for
arterial corridors, commercial nodes and/or areas served by transit.”
Below is a link to permitted uses with a column designated for B-2M
Sec. 38.310.040. – Authorized uses-Commercial, mixed-use, and industrial
zoning districts.
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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)
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Staff Report for the Nexus Point Zone Map Amendment Page 49 of 49
APPENDIX E - OWNER INFORMATION AND REVIEWING STAFF
Owner: Nexus Point LLC, 3661 Jagar Lane, Bozeman MT 59718
Applicant: Madison Engineering, 895 Technology Blvd. #203, Bozeman, MT 59718
Representative: Steve Moore, 3661 Jagar Lane, Bozeman, MT 59718
Report By: Elizabeth Cramblet, Associate Planner
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this Annexation or Zone Map Amendment.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development Department
at 20 E. Olive Street, Bozeman, MT 59715. In addition, application materials can be viewed
on the City’s development map at the following link: Application 23204 (External Link)
289
Memorandum
REPORT TO:City Commission
FROM:Alex Newby, Deputy City Clerk
Mike Maas, City Clerk
Chuck Winn, Acting City Manager
SUBJECT:Appoint a City Commissioner to Serve on the Gallatin Valley Metropolitan
Planning Organization's Transportation Policy Coordinating Committee
MEETING DATE:April 2, 2024
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:Consider the Motion: I move to appoint Douglas Fischer to the
Transportation Policy Coordinating Committee.
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 city of Bozeman has entered into an agreement with the city of
Belgrade, Gallatin County, Montana Department of Transportation, and
Gallatin Valley Urban Transportation District for the purpose of facilitating
the creation and formation of the Gallatin Valley Metropolitan Planning
Organization (MPO) and associated transportation planning process. The
need to form an MPO was necessitated by crossing the minimum population
threshold for MPO creation in the 2020 Census. Under the agreed-upon
conditions of the agreement, Bozeman Commission is authorized to appoint
a Bozeman Commissioner to the Transportation Policy Coordinating
Committee (TPCC). The TPCC is charged with overseeing the planning
process and will have ultimate authority and responsibility for approvals
required for the business of the MPO.
UNRESOLVED ISSUES:None
ALTERNATIVES:As Per Commission
FISCAL EFFECTS:none
Report compiled on: March 22, 2024
290
Name:Contractor #:Affirmation Form:Bid Bond:Base Bid Total:
Kevin Rauch, Olympus Technical
Services, Inc. 765 Colleen St.
Helena, MT 59601 38846 X X $374,917.00
Mike Maas Alex Newby Cody Flammond
City Clerk Deputy City Clerk Project Engineer
2024 SVE Extension
These bids were opened and read before the undersigned at 2:30 pm on Wednesday, March 6, 2024
DocuSign Envelope ID: 2733C1A4-26FD-4A19-84F6-A265D7B81112
71291
Name:Contractor #:Affirmation Form:Bid Bond:Base Bid Total:
K2 272233 x x $122,176.18
AV Construction 157351 x x $105,045.00
Treasure Statre, Inc.157069 x x 128,591.00
Mike Maas Alex Newby Kellen Gamaradt
City Clerk Deputy City Clerk Project Engineer
2024 Curb and Sidewalks Improvement Project
These bids were opened and read before the undersigned at 2:30 pm on Wednesday, March 14, 2024
DocuSign Envelope ID: C3608AEC-1C96-433A-8EC3-6BFF964DFBC7
66292