HomeMy WebLinkAbout05-14-24 City Commission Agenda and Packet MaterialsA. Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse
B. Pledge of Allegiance and a Moment of Silence
C. Changes to the Agenda
D. Authorize Absence
D.1 Authorize the Absence of Commissioner Douglas Fischer (Maas)
E. Public Service Announcements
F. FYI
G. Commission Disclosures
H. Consent
THE CITY COMMISSION OF BOZEMAN, MONTANA
REGULAR MEETING AGENDA
Tuesday, May 14, 2024
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Consider the Motion: Authorize the Absences of Commissioner Douglas Fischer
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H.1 Accounts Payable Claims Review and Approval (Armstrong)
H.2 Approve and authorize the Mayor to sign the Finding of Facts and Order for the Urban Farm
Phase 2 Preliminary Plat Application with a Subdivision Variance to Section 38.400.010 BMC,
Application 23039 (Quasi-Judicial)(Garber)
H.3 Authorize the City Manager to Sign a Revised Interlocal Agreement Between the City of
Bozeman, the City of Missoula, and Missoula County to Inform the Development of a Green
Tariff(Meyer)
H.4 Authorize City Manager to Sign a Construction Agreement with Blanton Contracting LLC for
Professional Building Elevator Machine Room Modernization(Ziegler)
H.5 Authorize the City Manager to Sign Professional Services Agreement with Greenspace
Landscaping, Inc. for Downtown Tree Replacements(Staley)
H.6 Authorize the City Manager to Sign a Professional Services Agreement with Gradient
Landscapes LLC. for the Installation of a Drought Tolerant Demonstration Garden at the Stiff
Professional Building(Ahlstrom)
H.7 Authorize the City Manager to sign Amendment 1 to the Professional Services Agreement
with Advanced Engineering and Environmental Services, LLC for Engineering Services to
Design the Phase I Rehabilitation Improvements to the City's Sourdough Water Storage
Tank(Nielsen)
H.8 Authorize the City Manager to Sign an Amendment 2 to the Professional Services
Agreement with Morrison Maierle for the Engineering Design Standards Update for
Downtown Design Standards(Staley)
H.9 Authorize the City Manager to Sign a Task Order DTN24-002 with Sanderson Stewart for
Preliminary Engineering and Architectural Plans for I-Ho Peace Park(Staley)
H.10 Resolution 5586 Adopting the City of Bozeman Landscape and Irrigation Performance and
Design Standards Manual(Ahlstrom)
H.11 Ordinance 2155 Final Adoption to Revise Chapter 38 and 40 of the Bozeman Municipal Code
to Include Required Water Efficient Landscape and Irrigation Performance and Design
Standards(Ahlstrom)
I. Public Comment
J. Action Items
This is the time to comment on any matter falling within the scope of the Bozeman City
Commission. There will also be time in conjunction with each agenda item for public comment
relating to that item but you may only speak once per topic. Please note, the City Commission
cannot take action on any item which does not appear on the agenda. All persons addressing the
City Commission shall speak in a civil and courteous manner and members of the audience shall be
respectful of others. Please state your name and address in an audible tone of voice for the record
and limit your comments to three minutes.
Written comments can be located in the Public Comment Repository.
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J.1 Downtown Business Improvement District Fiscal Year (FY) 2025 Work Plan and Budget, FY24
Annual Report(Cope)
J.2 Downtown Urban Renewal District 2025 Biennium Budget and Fiscal Year 2025 Work Plan
and Budget(Staley)
J.3 Midtown Urban Renewal District 2025 Biennium Budget and Fiscal Year 2025 Work Plan and
Budget(Fine)
J.4 Northeast Urban Renewal District 2025 Biennium Budget and Fiscal Year 2025 Work Plan
and Budget(Fine)
J.5 Pole Yard Urban Renewal District 2025 Biennium Budget and Fiscal Year 2025 Work Plan and
Budget(Fine)
J.6 North Park Urban Renewal District 2025 Biennium Budget and Fiscal Year 2025 Work Plan
and Budget(Fine)
J.7 South Bozeman Technology District 2025 Biennium Budget and Fiscal Year 2025 Work Plan
and Budget(Fine)
K. FYI / Discussion
L. Adjournment
Consider the Motion: I move to approve to approve the Downtown Business Improvement District
Fiscal Year 2025 Work Plan and Budget.
Consider the Motion: I move to approve to approve the Downtown Urban Renewal District Fiscal Year
2025 Work Plan and Budget and estimated Fiscal Year 2026 Budget.
Consider the Motion: I move to approve the Midtown Urban Renewal District 2025 Biennium Budget
and Fiscal Year 2025 Work Plan and Budget as submitted.
Consider the Motion: I move to approve the Northeast Urban Renewal District 2025 Biennium Budget
and Fiscal Year 2025 Work Plan and Budget.
Consider the Motion: I move to approve the Pole Yard Urban Renewal District Fiscal Year 2025 Work
Plan and Budget
Consider the Motion: I move to approve the North Park Urban Renewal District 2025 Biennium Budget
and Fiscal Year 2025 Work Plan and Budget.
Consider the Motion: I move to approve the South Bozeman Technology District Biennium Budget and
Fiscal Year 2025 Work Plan and Budget.
City Commission meetings are open to all members of the public. If you have a disability that
requires assistance, please contact our Acting ADA Coordinator, Max Ziegler, at 406.582.2439 (TDD
406.582.2301).
Commission meetings are televised live on cable channel 190 and streamed live on our Meeting
Videos Page.
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Memorandum
REPORT TO:City Commission
FROM:Alex Newby, Deputy City Clerk
Mike Maas, City Clerk
Chuck Winn, Interim City Manager
SUBJECT:Authorize the Absence of Commissioner Douglas Fischer
MEETING DATE:May 14, 2024
AGENDA ITEM TYPE:Administration
RECOMMENDATION:Consider the Motion: Authorize the Absences of Commissioner Douglas
Fischer
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:Commissioner Fischer informed Mayor Cunningham and Interim City
Manager Winn that he will not be in attendance.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As per Commission.
FISCAL EFFECTS:None.
Report compiled on: April 30, 2024
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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:May 14, 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 May 8th, 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: May 8, 2024
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Memorandum
REPORT TO:City Commission
FROM:Danielle Garber, Associate Planner
Brian Krueger, Development Review Manager
Erin George, Community Development Deputy Director
Anna Bentley, Community Development Director
SUBJECT:Approve and authorize the Mayor to sign the Finding of Facts and Order for
the Urban Farm Phase 2 Preliminary Plat Application with a Subdivision
Variance to Section 38.400.010 BMC, Application 23039 (Quasi-Judicial)
MEETING DATE:May 14, 2024
AGENDA ITEM TYPE:Community Development - Quasi-Judicial
RECOMMENDATION:
Consent agenda. Recommend approval and authorization for the mayor to
sign the Findings of Fact and Order.
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:
The Department of Community Development received a Preliminary Plat
Application on March 3, 2023 requesting to subdivide 86.44 acres to create
thirty-nine (39) lots zoned B-2M (Community Business District - Mixed) and
REMU (Residential Emphasis Mixed Use) including twenty-one (21)
developable lots, eleven (11) open space lots, and seven (7) city park lots
with easements and associated right of way. The underlying growth policy
designation for the subject property is Community Commercial Mixed Use.
On February 23, 2024 the Development Review Committee (DRC) found the
application sufficient for continued review and recommends the conditions
and code provisions identified in this report. One subdivision variance was
requested with this preliminary plat application to not construct the
portions of Valley Commons Drive and Competition Drive west of Eldorado
Avenue as required by BMC 38.400.010. Staff supported approval of the
variance request.
This subdivision meets the criteria for review under 76-3-616 Montana Code
Annotated (MCA) - Exemption for Certain Subdivisions. This statute exempts
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this subdivision from the public hearing requirement. Per BMC 38.240.100
the final decision for this preliminary plat must be made within 60 working
days from sufficiency, or by May 17, 2024. The Community Development
Board acting in their capacity as the Planning Board considered the
application and voted unanimously to provide a recommendation of
approval on April 1, 2024. The City Commission meeting regarding this
subdivision and subdivision variance was held on April 16, 2024 and the
Commission voted unanimously to approve the subdivision and subdivision
variance. A video of the meeting may be found on the City Commission
meeting video archive.
UNRESOLVED ISSUES:None
ALTERNATIVES:None suggested.
FISCAL EFFECTS:No unusual fiscal effects have been identified.
Attachments:
23039 CC Findings of Fact FOF.pdf
Report compiled on: May 2, 2024
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Page 1 of 39
23039 City Commission Findings of Fact and Order for the Urban Farm
Phase 2 Subdivision
Public Meeting/Hearing Dates:
Planning Board meeting was held - Monday, April 1, 2024 at 6:00 pm.
City Commission meeting was held - Tuesday, April 16, 2024 at 6:00 pm
Project Description: A major preliminary plat subdivision application with a subdivision
variance request to Section 38.400.010 to subdivide two lots zoned REMU and B-2M
totaling 86.44 acres into a 39 lot major subdivision for residential, commercial, park, and
open space uses.
Project Location: Lot R4 of Norton East Ranch Subdivision Phase 4 and the W1/2SE1/4SE1/4
being a Portion of C.O.S. 1005, Located in the South 1/2 of Section 9, Township 2 South,
Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana.
Staff Finding: The application conforms to standards and is sufficient for approval with
conditions and code provisions.
Recommended City Commission Motion: Having reviewed and considered the application
materials, public comment, and all the information presented, I hereby adopt the findings
presented in the staff report for application 23039 and move to approve the subdivision
and subdivision variance from Section 38.400.010 with conditions and subject to all
applicable code provisions.
Report Date: April 30, 2024
Staff Contact: Danielle Garber, Senior Planner
Cody Flammond, Project Engineer
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
This report is based on the application materials submitted and public comment received to date.
The application materials are available in the City’s Laserfiche archive and may be accessed
through the Community Development viewer as well. Two letters of public comment have been
received as of the writing of this report. Public comment is included in the Laserfiche archive for
application 23039 and available to the public.
Unresolved Issues.
There are no unresolved issues with this application.
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23039 Staff Report for Urban Farm Phase 2 Subdivision Page 2 of 39
Project Summary
The Department of Community Development received a Preliminary Plat Application on March
3, 2023 requesting to subdivide 86.44 acres to create thirty-nine (39) lots zoned B-2M
(Community Business District - Mixed) and REMU (Residential Emphasis Mixed Use)
including twenty-one (21) developable lots, eleven (11) open space lots, and seven (7) city park
lots with easements and associated right of way.
Proposed land uses for the subdivision are primarily residential with two lots proposed for
commercial uses, and one lot currently proposed as a potential new fire station. Development of
lots within the subdivision will be subject to Bozeman Municipal Code (BMC) provisions at the
time of development for REMU and B-2M Zoning.
Seven city park lots are proposed. Three parcels are set aside for a linear park and dog park at the
west side of the property, labeled parks A, B, and C. Three linear park lots are proposed along
Valley Commons Drive labeled D, E, and F, and a central park labeled park G. The eleven open
space lots are proposed to facilitate stormwater retention, pedestrian right-of-way, and
watercourse and wetland buffers.
Four local streets running north-south are proposed as extensions of S. Eldorado Avenue,
Reliance Avenue, Pond Lily Drive, and Water Lily Drive. One new local street, named Betty
Lane, and Water Lily Drive are proposed as right-in/right-out accesses from Huffine Lane. Two
local streets are proposed to run east-west and are extensions of Competition Drive and Valley
Commons Drive. A portion of Valley Commons Drive, Water Lily Drive, and Betty Lane are
proposed as non-standard local street sections constructed with back-in angled on-street parking.
Only Competition Drive will connect to the street grid to the east at this time. Valley Commons
Drive is not currently proposed to connect to the existing grid to the east due to surface water,
topography, and adjacent development patterns. The presence of the conservation easement
parcel to the west of the subject property limits the ability to continue these east-west drives
further to the west. One subdivision variance was requested with this preliminary plat application
to not construct the portions of Valley Commons Drive and Competition Drive west of Eldorado
Avenue as required by BMC 38.400.010 which requires streets to be constructed to the boundary
lines of the tract to be developed. Not constructing these portions of Valley Commons Drive and
Competition Drive is supported due to the long-term nature of the conservation easement and the
long term maintenance liability to the City for unused streets. Staff support is based on staff
analysis of the information presented and the variance criteria in BMC 38.250.080. Discussion
on the variance is located in the Streets, Roads and Alleys review criteria under Section 6 below.
The proposed extension of South Laurel Parkway, classified as a Collector Street, will run north-
south through the development and connect Huffine Lane north to Oak Street through existing
residential developments.
The subject property is bound to the east by Baxter Creek and an unnamed ditch and their
associated wetlands. Baxter Creek and the ditch are proposed for realignment. The stream-ditch
formed from a combination of ground and irrigation water will be day-lighted and realigned to
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23039 Staff Report for Urban Farm Phase 2 Subdivision Page 3 of 39
connect to Baxter Creek. A re-meandering of Baxter Creek where it has been historically
straightened is also proposed with the removal of cast berms to restore wetland and wetland
function. Water course plantings as trees, shrubs, and native grass seed will be provided for
restoration.
On February 23, 2024 the Development Review Committee (DRC) found the application
sufficient for continued review and recommends the conditions and code provisions identified in
this report.
One subdivision variance was requested. The subdivider did not request any zoning variances
with this application. No phasing or concurrent construction plans were requested with this
application. The applicant will be required to complete all required public infrastructure prior to
final plat approval. The City did not receive any written public comment on the application as of
the writing of this report.
The final decision for this preliminary plat must be made by May 17, 2024. The Community
Development Board acting in their capacity as the Planning Board considered the application and
provided a recommendation of approval on April 1, 2024. Two instances of public comment
were received at the meeting. Connie Lien who resides at 8507 Huffine Lane, which
compromises the 68 acre conservation easement directly to the west of the subject property and
Jeremy Puckett the stewardship director with the Gallatin Valley Land Trust. Mrs. Lien’s
concerns included the following:
Their property on the conservation easement is a working farm. Concerns about livestock
and barb wire fencing posing a possible risk to the public and their property. Concerns
about dogs interfering with their livestock, as well as the nuisance a working farm will
pose to adjacent houses in terms of noise, smells, and fencing.
Concerns regarding loss of privacy to noise and lighting from the adjacent development
Concerns about infrastructure impact to the water table, and blocking natural water flow
with wells being drilled. Acknowledged the requirement for an agricultural water user’s
easement and how stormwater drainage is going to be handled.
Concerns about roads running up to her property line, discussed a history of cars crashing
into their property where the roads end. Would like to see a consideration in the
application to require better end of road signage and fencing.
Concerns about park maintenance by the property owners and potential impacts to her
property.
Jeremy Puckett also provided public comment related to the conservation easement on Mrs.
Lien’s property. His comments were focused on providing awareness about the conservation
easement and hopes that development is pursued in a manner that is as aware and forgiving of
the conservation values as possible. Recognize that the City needs space to grow, he wants to
work with the community while preserving conservation interests.
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23039 Staff Report for Urban Farm Phase 2 Subdivision Page 4 of 39
Further explanation related to how development code standards can help address the public
comment are provided in Appendix C of this report.
Staff then explained why a public hearing was not taking place at CDB based on the changes to
state law and the review of this subdivision under the 76-3-616 MCA statute. Public comment is
welcome and only a public meeting is required, not a public hearing. However, staff clarified that
there will be an action agenda presentation and discussion at the City Commission due to the
associated variance with this application. A motion to recommend approval of the subdivision
was passed 7-0, with one board member abstaining due to a professional connection to the
project.
The City Commission held a public meeting to consider the application for approval on April 16,
2024 at 6:00 pm. Public comment was received at the City Commission meeting from Connie
Lien who resides at 8507 Huffine Lane, with comments consistent with those provided above at
the Community Development Board Meeting. The Commissioners voted 5-0 to approve the
subdivision and the subdivision variance from BMC 38.400.010. The video of the meeting is
available on the City’s Streaming Video Archive.
Alternatives
1. Approve the application with the recommended conditions;
2. Approve the application with modifications to the recommended conditions;
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Continue the public hearing on the application, with specific direction to staff or the
subdivider to supply additional information or to address specific items.
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23039 Staff Report for Urban Farm Phase 2 Subdivision Page 5 of 39
TABLE OF CONTENTS
EXECUTIVE SUMMARY .........................................................................................................1
Unresolved Issues. ...........................................................................................................1
Project Summary .............................................................................................................2
Alternatives .....................................................................................................................4
SECTION 1 – MAP SERIES ......................................................................................................6
SECTION 2 – REQUESTED VARIANCES ............................................................................. 11
SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL ......................................... 11
SECTION 4 – CODE REQUIREMENTS ................................................................................. 13
SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS ........................................... 19
SECTION 6 – STAFF ANALYSIS and findings ....................................................................... 19
Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC. .......................... 19
Documentation of compliance with adopted standards 38.220.060 ................................. 25
SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 30
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY .................................... 32
APPENDIX B – DETAILED PROJECT DESCRIPTION ......................................................... 36
APPENDIX C – NOTICING AND PUBLIC COMMENT ........................................................ 37
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................ 39
FISCAL EFFECTS ................................................................................................................... 39
ATTACHMENTS ..................................................................................................................... 39
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23039 Staff Report for Urban Farm Phase 2 Subdivision Page 6 of 39
SECTION 1 – MAP SERIES
Exhibit 1 – Zoning
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23039 Staff Report for Urban Farm Phase 2 Subdivision Page 7 of 39
Exhibit 2 – Future Land Use Map
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Page 8 of 39
Exhibit 3 – Preliminary Plat (see all sheets in file)
Exhibit 4 – Overall Site Plan (see all sheets in file)
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Page 9 of 39
Exhibit 5 – Landscaping Plan (see all sheets in file)
Exhibit 6 – Parks and Open Space
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Exhibit 7 – Pedestrian Circulation
Exhibit 8 – Land Use Plan
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23039 Staff Report for Urban Farm Phase 2 Subdivision Page 11 of 39
SECTION 2 – REQUESTED VARIANCES
One subdivision variance was requested with this preliminary plat application to not construct
the portions of Valley Commons Drive and Competition Drive west of Eldorado Avenue as
required by BMC 38.400.010. Based on staff analysis of the information presented and the
subdivision variance criteria in BMC 38.250.080, staff supports approval of the variance request.
Discussion on the variance is located in the Streets, Roads and Alleys review criteria under
Section 6 below.
SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this
report. These conditions are specific to this project.
Recommended Conditions of Approval:
1. The plat shall conform to all requirements of the Bozeman Municipal Code and the
Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey
and Subdivision Plats (24.183.1104 ARM) and shall be accompanied by all required
documents, including certification from the City Engineer that as-built drawings for
public improvements were received, a platting certificate, and all required and corrected
certificates. The Final Plat application shall include one (1) signed reproducible copy on a
3 mil or heavier stable base polyester film (or equivalent). The Gallatin County Clerk &
Recorders office has elected to continue the existing medium requirements of 1 mylar
with a 1 binding margin on one side for both plats and COSs. The Clerk and Recorder
will file the new Conditions of Approval sheet as the last same sized mylar sheet in the
plat set
2. The applicant shall submit with the application for Final Plat review and approval, a
written narrative stating how each of the conditions of preliminary plat approval and
noted code provisions have been satisfactorily addressed. This narrative shall be in
sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant,
etc. in the submittal.
3. Simultaneously with filing of the final plat, in conjunction with required or offered
dedications, the subdivider (or owner of the property being subdivided if the owner is not
the subdivider) shall transfer ownership to the property owners’ association of any open
space proposed to be conveyed to the property owners’ association and all its right, title,
and interest in any improvements made to such parkland or open space. For the transfer
of real property, the subdivider or owner of the property shall submit with the application
for final plat a warranty deed or other instrument acceptable to the City Attorney
transferring fee simple ownership to the property owners’ association and associated
realty transfer certificate. The subdivider or owner of the property must record the deed
or instrument at the time of recording of the final plat. For personal property installed
upon open space owned by the property owners’ association, the subdivider shall provide
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23039 Staff Report for Urban Farm Phase 2 Subdivision Page 12 of 39
an instrument acceptable to the City Attorney transferring all its rights, title and interest
in such improvements including all applicable warranties to such improvements.
4. The applicant must provide and file with the County Clerk and Recorder's office executed
Waivers of Right to Protest Creation of Special Improvement Districts (SIDs) on City
standard form for the following:
a. Street improvements to Fallon Street between El Dorado Avenue and Cottonwood
Road including lighting, signalization, paving, curb/gutter, sidewalk, and storm
drainage.
b. Street improvements to El Dorado Avenue between Valley Commons Drive and
Babcock Street including lighting, signalization, paving, curb/gutter, sidewalk,
and storm drainage.
c. Street improvements to Reliance Avenue between Valley Commons Drive and
Babcock Street including lighting, signalization, paving, curb/gutter, sidewalk,
and storm drainage.
d. Street improvements to Pond Lily Drive between Valley Commons Drive and
Babcock Street including lighting, signalization, paving, curb/gutter, sidewalk,
and storm drainage.
e. Street improvements to Water Lily Drive between Huffine Lane and Babcock
Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm
drainage.
f. Street improvements to Laurel Parkway between Huffine Lane and Durston Road
including lighting, signalization, paving, curb/gutter, sidewalk, and storm
drainage.
g. Street improvements to Babcock Street between Eldorado Avenue and
Cottonwood Road including lighting, signalization, paving, curb/gutter, sidewalk,
and storm drainage.
h. Intersection improvements at Laurel Parkway and Babcock Street including
lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm
drainage.
i. Intersection improvements at Fallon Street and Cottonwood Road including
lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm
drainage.
j. Intersection improvements at Fallon Street and Laurel Parkway including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
The document filed must specify that in the event an SID is not utilized for the
completion of these improvements, the developer agrees to participate in an
alternate financing method for the completion of the improvements on a fair
share, proportionate basis as determined by square footage of property, taxable
valuation of the property, traffic contribution from the development, or a
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23039 Staff Report for Urban Farm Phase 2 Subdivision Page 13 of 39
combination thereof. The applicant must provide a copy of the filed SID waiver
prior to final plat approval.
SECTION 4 – CODE REQUIREMENTS
1. Sec. 38.100.080 – Compliance with regulations required. The applicant is advised that
unmet code provisions, or code provisions that are not specifically listed as conditions of
approval, does not, in any way, create a waiver or other relaxation of the lawful
requirements of the Bozeman Municipal Code or state law.
2. Sec. 38.410.060. - Easements.
a. All Easements indicated below must be provided on city standard easements
templates. Drafts must be prepared for review and approval by the city. Signed
hard copies of the easements must be submitted to the City prior final plat
approval. The applicant may contact the review engineer to receive standard
templates.
b. The applicant must provide a ten foot utility easement (power, gas,
communication, etc.) along the developments property frontage.
c. The final plat must provide all necessary utility easements and they must be
described, dimensioned and shown on each subdivision block of the final plat in
their true and correct location.
d. Prior to final plat approval, the applicant must provide a 25-foot trail easement for
the trail along Baxter Creek.
e. Prior to final plat approval, the applicant must provide 25-foot public access
easements for the pedestrian paths proposed through Block 3 Lot 1, Block 7 Lot
1, and Block 7 Lot 1.
f. Prior to final plat approval, the applicant must provide a 10-foot drain tile
easement over the existing drain tile that runs through the property.
g. Prior to final plat approval, the applicant must provide a 5-foot wide public access
easement along Fallon Street.
h. Prior to final plat, the applicant must provide a public drainage easement for all
stormwater facilities located on private property that accept drainage from the
public right-of-way.
i. An agricultural water user’s easement meeting the requirement of 38.410.060.D.1.
must be dedicated with the final plat and notice stating that the easements are
subject to the requirements of Section 70-17-112, MCA restricting interference
with canal or ditch easements and that irrigation works are subject to Section 85-
7-2211 and 85-7-2212, MCA regarding duties and liability, per 38.410.060.D.6.
The notice must include language to assure the duties are binding upon all
successors in interest and remain in effect until such time that the agricultural
water user facility is abandoned in accordance with the requirements of Montana
Law or alternative requirements are agreed to in writing by all applicable parties.
The easements must be prepared as documents separate from a final plat but may
be referenced on a final plat. The developer's professional engineer must certify,
prior to final plat approval, that the water entering and exiting the realigned or
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23039 Staff Report for Urban Farm Phase 2 Subdivision Page 14 of 39
relocated agricultural water user facility is the same quality and amount of water
that entered or exited the facility prior to realignment or relocation.
3. Sec. 38.410.130 - Water Adequacy. Subject to subsections B and C, prior to final
approval by the review authority of development occurring under this chapter or chapter
10, the applicant must offset the entire estimated increase in annual municipal water
demand attributable to the development pursuant to subsection D.
4. Sec. 38.220.020.A – Streambed, Streambank, and/or Wetlands Permits. The
applicant must contact the Gallatin County Conservation District, Montana Department
of Environmental Quality, and U.S. Army Corps of Engineers regarding the proposed
project and any required permits (i.e., 310, 404, Turbidity exemption, etc.). Any required
permits must be obtained by the applicant and provided to the Community Development
Department prior to construction and final plat approval.
a. For Lot 2 Block 11 where fill is proposed to reduce wetland area for this lot.
The applicant is required to provide the city with state and federal permitting prior
to commencement of any fill and landscaping activities, i.e. the zone 1 and 2
wetland area is a part of the wetland fill so no fill or planting may commence until
a federal Section 404 permit and a DEQ 401 certification is provided to the City
of Bozeman.
5. Sec. 38.220.060.A.14.a.(5) – Permits From Non-City Agencies Required To Execute
The Proposed Plan. The applicant must include a Non-Commercial Private Fish Pond
License issued by Montana Fish, Wildlife, and Parks with the final Urban Farm Park
Master Plan submitted with final plat application.
6. Sec. 38.220.070 Final Plat. Among others in this section the final plat must contain the
following notations on the conditions of approval sheet.
a. Plat note 6 must be revised to match the updated language in Sec. 38.270.060.D.2
Improvements and securities. The length of time for improvements agreements
for public sidewalks must not exceed one year from the date of final plat
approval.
b. Note 4 must be removed. Zoning is subject to change.
c. The applicant must place on the conditions of approval sheet of the final plat a
note stating "The property owners’ association (Insert Final Property Owners
Association Name as recorded in the CC&Rs) shall be responsible for the
maintenance of all stormwater management facilities located outside of the public
right-of-way."
d. The applicant must place on the conditions of approval sheet of the final plat a
note stating "The property owners association (Insert Final Property Owners’
Association name as recorded in the CC&Rs) must maintain the following streets
including snow removal, pavement maintenance, and all other maintenance
functions of the streets: Betty Lane from Huffine Lane to Valley Commons Drive,
Water Lily Drive from Huffine to Competition Drive, and Valley Commons Drive
from Water Lily Drive to Betty Lane."
7. Sec. 38.220.300, 310, and 320. Property Owners’ Association. Final Property owners’
association (POA) documents including covenants must be provided with the final plat
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prior to being finalized and recorded. The POA documents must include the requirements
of BMC 38.220.300, 310, and 320 where applicable. Additionally based on the provided
documents revise and add the following.
a. Any section that requires construction of sidewalks needs to match the City's one
year requirement for financially guaranteeing sidewalks in BMC 38.270060.D.2.
b. Remove all reference to county permits required to build structures. Building
permits within the proposed subdivision are required through the City of
Bozeman Department of Community Development.
8. Sec. 38.240.410 through 38.240.540 – Plat Certificates. The language contained in the
certificates on the final plat must follow the language in the corresponding certificates.
Except as indicated below.
a. Where signature for the Director of Public Works is indicated, that must be
changed to the Director of Transportation and Engineering. The Director of Public
Works no longer exists.
b. The City does not accept maintenance responsibility for the streets that are
required to be maintained by the property owners association (Betty Lane from
Huffine Lane to Valley Commons Dr., Water Lily Drive from Huffine Lane to
Competition Drive, and Valley Commons Drive from Water Lily Drive to Betty
Lane). The certificate of dedication must be customized as follows: The lands
included in all streets, avenues, alleys, roads, highways, and parks, or public lands
or other public improvements dedicated to the public for which the city accepts
responsibility for maintenance include (list specific streets, avenues, alleys, roads
highways, and parks or other public lands or other public improvements). Except
the city does not accept responsibility for (list specific streets).
9. Sec. 38.240.530 – Certificate of Water Related Improvements. Any well, including
equipment and associated permitting, used for public irrigation must be transferred to the
City or POA as applicable. A certificate of water related improvements is required per
Section 38.240.530. Any financially guaranteed water related improvements agreements
must include a warranty of workmanship.
10. Sec. 38.270.090 – Development or Maintenance of Common Areas and Facilities by
Developer and Property Owners’ Association.
a. The subdivisions stormwater maintenance plan must clearly state the following
condition. "The property owners association (Insert Final Property Owners
Association Name as recorded in the CC&Rs) shall be responsible for the
maintenance of all stormwater management facilities located outside of the public
right-of-way." The approved stormwater plan must be incorporated into the
property owners’ association documents and a copy of the documents
demonstrating the inclusion of the stormwater maintenance plan must be provided
prior to final plat approval.
b. The applicant must provide a maintenance plan for the dewatering system
including the maintenance plan in the property owners’ association documents
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prior to final plat approval. The plan must include the long-term maintenance
instructions for the Properties Owners’ Association.
c. All common open space lots must be developed prior to final plat approval. This
includes landscaping, irrigation, walkways, stormwater facilities, and any other
facilities located in common open space lots detailed in the preliminary plat
application. No landscaping details for the following open space parcels was
provided and is required with final plat application:
i. Block 1, open space I
ii. Block 3, open space A
iii. Block 6, open space B
iv. Block 8, open space C
v. Block 5, open space J
vi. Block 12, open space H
11. Sec. 38.400.020.A.2 – Privately Maintained Streets. The applicant must provide the
following items per this section.
a. Permanent funding source, such as the levying of assessments against all
properties within the development, for street maintenance is established and the
funding levels will be adequate for all future street maintenance; and
b. The developer signs a perpetual legal instrument, acknowledging that the city will
not assume dedication and/or maintenance of the streets unless the street is
brought up to city standards, or the property owners' have agreed to an assessment
to fund improvements required to bring the street up to city standards. The
developer must record the legal instrument, at the time of final plat recordation, or
prior to issuance of building permits if no final plat recordation is required.
c. The developer must execute a hold harmless and indemnification agreement
indemnifying, defending and holding harmless the city, its employees, agents and
assigns from and against any and all liabilities, loss, claims, causes of action,
judgments and damages resulting from or arising from approval of an alternative
street cross section under this section.
d. Documented proof of adequate funding and scheduling for maintenance of all
privately maintained public streets, must be provided, subject to section
38.270.090.
12. Sec. 38.400.060 – Street Improvement Standards.
a. The transportation impact study (TIS) presented by the applicant indicates that a
signal will be warranted at the intersection of Huffine Lane and Laurel Parkway.
Prior to final plat approval, the intersection of Huffine Lane and Laurel Parkway
must be improved to either a signalized intersection or roundabout or subject to
conditions from the Montana Department of Transportation for timing of
intersection construction.
b. The applicant has indicated in the submitted TIS that the Fallon Street and
Cottonwood Road intersection will fall below the level of service requirements
defined in this section and will require improvements. The applicant also analyzed
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the intersection with three-quarter access control on Fallon Street and determined
that an acceptable level of service could be maintained with these improvements.
Prior to final plat approval, the applicant must install intersection improvements at
the Fallon Street and Cottonwood Road intersection including three-quarter
access control and pedestrian hybrid beacons.
c. Prior to final plat approval, the applicant must install right turn deceleration lanes
on Huffine Lane at the following intersections if warranted by MDT: Huffine
Lane and Laurel Parkway, Huffine Lane and Betty Lane, Huffine Lane and Water
Lily Drive.
13. Sec. 38.400.110.A and 38.270.020.B.2.c – Transportation Pathways. The applicant
must construct the shared use path along Huffine from the western property boundary to
Cottonwood Road.
14. Sec. 38.400.070 – Street Lighting. Subdivision lighting special improvement lighting
district (SILD) information shall be submitted to the City and the district formed after
preliminary plat approval in hard copy and digital form. Any final plat application will
not be deemed complete until the resolution to create the SILD has been approved by the
City Commission. The initial adoption of the special improvement lighting district shall
include the entire area of the preliminary plat. The approval to create or annex to an
existing SILD shall be granted prior to Final Plat Approval.
15. Sec. 38.410.040 – Blocks. All pedestrian access easements used to mitigate block length
must be developed with landscaping and walkways prior to final plat approval and not
deferred to adjacent property owners.
16. Sec. 38.410.070.A. – Municipal Water, Sanitary Sewer, and Storm Sewer System.
a. The 2017 Water Facility Plan Update identifies the need for a pressure reducing
valve to be installed on the boundary of the West Pressure Zone and East Pressure
Zone. Prior to final plat approval, the applicant must install a pressure reducing
valve at the pressure zone boundary defined in the 2017 water facility plan
update.
b. The 2017 Water Facility Plan Update identifies the need for a 16-inch water main
to be installed along Huffine Lane. Prior to final plat approval, the applicant must
install a 16-inch water main along Huffine Lane from Advance Drive to Laurel
Parkway.
c. The 2017 Water Facility Plan Update identifies the need for a 12-inch water main
to be installed along Laurel Parkway from the 16-inch water main along Huffine
Lane to the existing 12-inch water main just south of Fallon Street. Prior to final
plat approval, the applicant must install a 12-inch water main along Laurel
Parkway from the 16-inch water main along Huffine Lane to the existing 12-inch
water main just south of Fallon Street.
d. The development is located in the service area of the Norton Ranch Lift Station.
The proposed sewer flows from the development were not included in the
capacity generated by the latest upgrades to the lift station. The Norton Ranch Lift
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Station and associated force main must be upgraded to handle the flow demands
generated by the development. Prior to Final Plat approval, the necessary
upgrades to the Norton Ranch Lift Station and associated piping must be installed
by the applicant and accepted by the City.
17. Sec. 38.420.020 – Park area requirements, Sec. 38.420.030 – Cash donation in-lieu of
land dedication, and Sec. 38.420.080 – Park Development.
a. Cash-in-lieu of land dedication value is currently $2.65/sf. Final cash-in-lieu
value established at time of final plat approval. The applicant must update the
parkland tracking table to reflect the appraisal value in effect at the time of final
plat application.
b. A final park master plan and construction drawings are required prior to
requesting a preconstruction meeting and commencing park construction.
c. A preconstruction meeting with the Park Division is required prior to any site
work. Applicants must provide the most recent park plans with revisions red-lined
and request meeting at least 30 days prior to commencement of parkland
construction.
d. Applicant has proposed to utilize Central Park Pond as a fishing pond. Parks
Department preliminary supports proposed use provided applicant meets all
related code conditions and conditions of approval. Final use of the park and park
facilities are determined by the review authority.
e. The following notes must be added final plat: Snow removal from sidewalks
within parks that serve as primary egress from private lots is the responsibility of
the property owners’ association
f. Easements for trails within open space parcels must include agreement to utilize
city-wide wayfinding and allow parks staff to install and/or repair wayfinding.
18. Sec. 38.420.080.A. – Park Development.
a. Final park master plan must include a fisheries plan that includes detailed design,
construction, and maintenance plans for Central Park Pond, drafted or certified by
a professional fish biologist or qualified private fishery consultant. The plan
should generally conform to the recommendations published by Montana Fish,
Wildlife & Parks in “A Guide to Building and Managing Private Fish Ponds in
Montana.”
b. Fisheries plan must include an analysis on water supply in terms of volume,
quality and availability, impact on instream flows and fisheries, proposed depth
and surface area, water exchange needed to balance the oxygen and nutrient levels
in the pond, and vegetation/habitat plan.
c. Central Park Pond must be designed and constructed to ensure the pond does not
exceed an annual water use of 2.34 acre feet/year.
19. Sec. 38.270.050.A.2 – Acceptance of improvements. During construction, if
groundwater is found to be at levels exceeding what is described in the drainage report
and limits the functionality of the stormwater infrastructure the City will not accept the
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stormwater infrastructure. If the stormwater infrastructure requires significant redesign it
may be considered a material modification from the preliminary plat and require re-
review and approval of the preliminary plat.
20. Sec. 38.410.130 and Sec. 38.420.080.A.2 – Water Adequacy and Park Development.
Central Park Pond must be designed and constructed to ensure the pond does not exceed
an annual water use of 2.34 acre feet/year. All irrigation wells located within the
boundaries of the development shall include Montana DNRC certificates which shall be
provided to the City with the final plat submittal. Ownership of any well and associated
water right within common open space owned by the property owners’ association shall
be transferred to the property owners’ association in conjunction with the final plat.
Ownership of any well, irrigation infrastructure and associated water right providing
irrigation to public lands shall be transferred to the City in conjunction with the final plat.
The developer must provide easements necessary to allow for the reasonable operation
and maintenance of this infrastructure. All wells shall include a meter or other device to
determine consumption.
21. Sec. 38.550.070 – Landscaping of Public Lands. The developer must at the time of
initial development install drought tolerant landscaping, boulevard trees and an irrigation
system when required in city rights-of-way boulevard strips and medians along all
collector or arterial streets and all streets adjacent to parks or open space areas.
SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS
The Development Review Committee (DRC) determined the application was sufficient for
continued review and recommended approval with conditions on January 3, 2023.
Planning Board meeting was held Monday, April 1, 2024 at 6:00 pm. A video of the meeting is
available on the City’s Streaming Video Archive.
City Commission meeting was held Tuesday, April 16, 2024 at 6:00 pm. A video of the meeting
is available on the City’s Streaming Video Archive.
SECTION 6 – STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application materials,
municipal codes, standards, plans, public comment, and all other materials available during the
review period. Collectively this information is the record of the review. The analysis in this
report is a summary of the completed review.
Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC.
In considering applications for subdivision approval under this title, the advisory boards and City
Commission shall consider the following:
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1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and
Platting Act
The preliminary plat was prepared in accordance with the surveying and monumentation
requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered
in the State of Montana. As noted in the code requirements, the final plat must comply with State
statute, Administrative Rules of Montana, and the Bozeman Municipal Code.
2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana
Subdivision and Platting Act
The final plat must comply with the standards identified and referenced in the Bozeman
Municipal Code. The subdivider is advised that unmet code provisions, or code provisions not
specifically listed as a condition of approval, do not, in any way, create a waiver or other
relaxation of the lawful requirements of the Bozeman Municipal Code or State law. Sections 3
and 4 of this report identify conditions and code provisions necessary to meet all municipal
standards. The listed code requirements address necessary documentation and compliance with
standards. Therefore, upon satisfaction of all conditions and code corrections the subdivision will
comply with the subdivision regulations.
3) Compliance with the local subdivision review procedures provided for in Part 6 of the
Montana Subdivision and Platting Act
The Bozeman Planning Board public meeting and City Commission public hearings were
properly noticed in accordance with the Bozeman Municipal Code. Based on the
recommendation of the Development Review Committee (DRC) and other applicable review
agencies, as well as any public testimony received on the matter, the City Commission has made
the final decision on the subdivider’s request. Review of this subdivision was conducted under
the terms of 76-3-616 MCA as authorized in 38.240.100.
The Department of Community Development received a preliminary plat application on March
2, 2023. The DRC reviewed the preliminary plat application and determined the submittal did
not contained detailed, supporting information that was sufficient to allow for the continued
review of the proposed subdivision.
A revised application was received on July 12, 2023. The DRC determined the application was
still not adequate for continued review.
A revised application was received on November 22, 2023. The DRC determined the application
was still not adequate for continued review.
A revised application was received on January 26, 2024. The DRC determined the application
was adequate for continued review February 23, 2024 and recommended conditions of approval
and code corrections for the staff report.
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The applicant posted public notice on the subject property on March 8, 2024. The applicant sent
public notice to all landowners of record within 200-feet of the subject property via first class
mail, on March 8, 2024. No public comment had been received on this application as of the
writing of this report.
On March 27, 2024 a major subdivision staff report was completed and forwarded with a
recommendation of conditional approval for consideration to the Planning Board.
On April 4, 2024 this major subdivision staff report was completed with a recommendation of
conditional approval for consideration to the City Commission.
On April 16, 2024 the City Commission held a public meeting to consider the application and
associated variance for approval. The motion to approve the subdivision and variance passed 5-0.
4) Compliance with Chapter 38, BMC and other relevant regulations
Community Development staff and the DRC reviewed the preliminary plat against all applicable
regulations and the application complies with the BMC and all other relevant regulations with
conditions and code corrections. This report includes Conditions of Approval and required code
provisions as recommended by the DRC for consideration by the City Commission to complete
the application processing for final plat approval. All municipal water and sewer facilities will
conform to the regulations outlined by the Montana Department of Environmental Quality and
the requirements of the Design Standards and Specifications Policy and the City of Bozeman
Modifications to Montana Public Works Standard Specifications.
Water/sewer – The subdivision will not significantly burden city water and sewer infrastructure
with the recommended conditions of approval and code provisions. The required design report
has been provided. Formal plans and specifications will be prepared and reviewed after action on
the preliminary plat. Code provision 16 contains requirements for the water, sanitary sewer, and
storm sewer systems. 16a requires the applicant to install a pressure reducing valve at the
boundary between the West and South pressure zones per the 2017 Water Facility Plan Update to
minimize unneeded excessive pressure in the water system. 16b requires the applicant to install a
16-inch water main along Huffine Lane from Advance Drive to Laurel Parkway as shown in the
2017 Water Facility Plan Update. This provision will ensure adequate service can be provided to
this and future developments in the area. 16c requires a 12-inch water main be installed along
Laurel Parkway to match demand requirements outlined in the 2017 Water Facility Plan Update.
To ensure adequate sewer capacity, the applicant is required per code provision 16d to upgrade
the North Ranch Lift Station and associated force main to handle flow demands generated by the
development. Code provision 3 requires the applicant offset estimated water demand prior to
final plat approval per subsection D of BMC 38.410.130. Per this section the application may
either transfer water rights into city ownership that are appurtenant to the land being developed
or as acceptable to the city, provide payment of cash-in-lieu of water rights at a rate established
by the most recent City Commission resolution, or a combination of both.
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Easements - The final plat must provide and depict all necessary utilities and required utility
easements. Code provision 2 requires that all easements, existing and proposed, must be accurately
depicted and addressed on the final plat and in the final plat application. Public utilities will be
located within dedicated street right of ways. Additional required easements include a 25-foot trail
easement for the trail along Baxter Creek to ensure availability of public use and connection to the
larger park and trail system, public drainage easements for all stormwater facilities located on
private property, and an agricultural water user’s easement to ensure maintenance access from all
downstream agricultural water users. All easements must be provided using the City’s standard
language.
Ten foot front yard utility easements are depicted on the preliminary plat and are proposed to be
granted with the final plat in accordance with standards.
Parks – The applicant proposes to meet Park and Recreation requirements through a
combination of parkland dedication and improvements-in-lieu of dedication. Park and Recreation
requirements using a net residential land area of 48.16 acres and maximum dedication of 12
dwelling units per acre (8 du as land dedication and 4 du as CILP/ILLP) result in an initial
requirement of 11.56 acres of land dedication with an additional 5.78 acres of land equivalent as
cash-in-lieu/improvements-in-lieu. Applicant proposes 6.77 acres of parkland dedication with
10.57 acres of land equivalent as improvements-in-lieu. Proposed parkland dedication consists of
four parkland areas; two linear parks, an area for an off-leash dog park, and main central park
area, as shown on Sheet L101 and the Urban Farms Phase 2 park master plan. The West Linear
Park is a narrow section of linear park separating and buffering the western property boundary of
the subdivision and adjacent property, which is currently under conservation easement. The West
Linear Park includes a new section of shared-use path that will expand an existing north-south
shared-use path and provides a key section for future connection to Huffine Lane. The Valley
Commons Linear Park connects the West Linear Park area with the Central Park and east half of
the subdivision. The Urban Farm Dog Park is an off-leash dog park including a fenced area with
two, separate play zones. Central Park will serve as the main neighborhood park for the
subdivision, consisting of open recreation space, a playground, pathways, and a fishing pond.
In response to Commission Resolution 4784, the applicant cited preference of the developer to
use the cash obligation for investment into improvements to proposed parkland as justification
for CILP/IILP. Improvements-in-lieu include playground equipment, fencing and amenities for
the dog park, pathways and trails, benches and picnic tables, and construction of a 2.34 acre/ft.
fishing pond. The proposed fishing pond will be a constructed and lined pond, approximately
17,000 square feet in surface area and maximum depth of 12 feet. Water for the pond will be
supplied by an exempt groundwater well that also provides irrigation for adjacent parkland.
Stocking of the pond with fish, along with all associated maintenance and costs is the
responsibility of Urban Farm Property Association.
In regard to the proposed fishing pond, staff received a response from Montana Fish, Wildlife &
Parks (FWP), dated September 5, 2023, stating that “We generally do not support the idea of
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ponds since we typically end up with a variety of illegally introduced species being transferred to
and from any new ponds especially those open to the public. Ponds also typically lead to water
quality issues such as increased water temperatures and nutrients. Algae is often a problem that
leads owners wanting to apply chemicals to the water to mitigate the issue. With the increasing
demands on our water supply. We would be better off eliminating any unnecessary uses that will
further degrade the resource. Should you client decide to pursue a pond despite our
recommendation, Alex has a ton of experience with our pond permitting process and knows
exactly what you need for screening and water rights to obtain a stocking permit from FWP.” In
response to FWP’s comments, the applicant submitted a response dated January 6, 2024 from
Alex Fox, Pond and Stream Consulting, Inc., acknowledging FWP’s concerns and providing
proposed mitigation strategies including obtaining proper FWP permits, pond design
considerations, and construction and maintenance requirements.
There are code provisions, listed as code provisions 5, 17, 18, and 20, related to non-city permit
requirements, parkland use, cash donation and infrastructure donation in lieu of land dedication,
and park development. Code provision 5 requires the applicant to submit a Non-Commercial
Private Fish Pond License prior to construction of the pond. This provision allows the applicant
to proceed to preliminary plat approval while confirming fisheries requirements and ensures park
and recreation requirements are satisfied. Provision 17a requires the applicant to update the CILP
value accordingly at final plat application. This provision ensures the CILP values is based on
the most recent up to date evaluation. 17b requires a final park master plan and construction
drawings prior to requesting a preconstruction meeting. 17c requires a preconstruction meeting
with the Parks Division prior to commencement of parkland construction. These two provisions
will help the applicant to follow the correct construction process with the City. Provision 17d
requires that all related pond conditions be satisfied prior to stocking with fish. This provision
ensures that final park use is determined by and the decision of the review authority. Provision
17e requires a note on the plat that the property owners’ association is responsible for snow
removal where lots will front on the park and primary egress from private lots will be within the
park. This provision ensures maintenance of lot frontage sidewalks does not become a burden to
the Parks Department. Provision 17f requires that easements for trails located within open space
parcels must include the city-wide wayfinding signage and allow Parks staff to install and/or
repair wayfinding signs. This provision will help connect the proposed trails to city wide park
infrastructure with consistent signage and directions for users. Provision 18a requires the
applicant to include a fisheries plan with the final park master plan and Provision 18b provides a
minimum standard for fisheries information required for submission. These provisions allow the
applicant to proceed to preliminary plat approval while confirming final pond requirements and
construction plans. This ensures viable pond and fisheries plans are reviewed before construction
begins and ensures minimum professional standards are maintained during the planning,
construction, and maintenance of the pond. Provision 18c and 20 requires Central Park Pond be
designed and constructed to a max volume of 2.34 acre/ft and to provide irrigation supply
information. These provisions ensure the pond and park irrigation systems have water supplies
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legally and physically adequate to meet the pond and irrigation demands. The proposal meets the
required park dedication and improvement standards with conditions and code provisions. The
Parks Department reviewed the parkland proposal for consistency with the park master plan for
Urban + Farms Phase 1 and adjacent park master plans and area sub-plans.
Stormwater - The subdivision will construct storm water control facilities to conform to
municipal code and design standards Code provision 10 details required development or
maintenance of common areas and facilities to be maintained by the property owners’
association. 10a requires the property owners’ association to maintain all stormwater facilities
outside of the public right-of-way and incorporate a maintenance plan into the association
documents prior to final plat approval. This will ensure the proper maintenance of necessary
stormwater infrastructure as the subdivision is developed and occupied. An associated plat note
is required in code provision 6c to notify future property owners of the property owners’
association requirements for ongoing maintenance of these stormwater facilities.
Agricultural water user facility – The applicant provided documentation of downstream
agricultural water users and notification provided to those users with this preliminary plat
application. Baxter Creek is the primary facility to be impacted with this application that is
linked to agricultural water use including Farmers Canal shares. The Board of Directors for
Farmers Canal was provided notification of the proposed impacts to Baxter Creek including the
realignment of the stream-ditch to flow into the creek and a site visit was conducted with one
impacted user. An agricultural water user’s easement must be provided per code provision 2i.
The easements must be prepared as documents separate from the final plat but may be referenced
on the final plat. The developer's professional engineer must certify, prior to final plat approval,
that the water entering and exiting the realigned or relocated agricultural water user facility is the
same quality and amount of water that entered or exited the facility prior to realignment or
relocation.
Police/Fire – The City of Bozeman’s Police and Fire emergency response area includes this
subject property. The subdivision does not impact the City’s ability to provide emergency
services to the subject property. The necessary address will be provided to enable 911 response
to individual parcels prior to recording of the final plat. Fire protection standards require
installation of fire hydrants at designated spacing to ensure adequate protection.
5) The provision of easements to and within the subdivision for the location and installation
of any necessary utilities
The final plat will provide and depict all necessary utilities and required utility easements. Code
requirement 2 requires that all easements, existing and proposed, must be accurately depicted
and addressed on the final plat and in the final plat application. Public utilities are generally
located within dedicated street right of ways.
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6) The provision of legal and physical access to each parcel within the subdivision and the
notation of that access on the applicable plat and any instrument transferring the parcel
The final plat will provide legal and physical access to each parcel within the subdivision. All of
the proposed lots will have frontage on public streets.
Documentation of compliance with adopted standards 38.220.060
The Development Review Committee (DRC) completed a subdivision pre-application plan
review on August 10, 2022 and no variances were requested. Waivers were granted with this pre-
application for documentation review of agriculture, agricultural water user facilities,
miscellaneous, and affordable housing. During review of this preliminary plat application it was
discovered that the waiver for agricultural water user facilities was granted in error based on
incomplete information provided at the time of pre-application submittal. The applicant then
provided the required for agricultural water user facilities with this applications. See further
discussion under primary review criteria above.
Staff offers the following summary comments on the documents required with Article
38.220.060, BMC.
38.220.060.A.1 – Surface water
The subject property is bound to east by Baxter Creek and an unnamed stream-ditch, as classified
by the Gallatin County Conservation District, and their associated wetlands. Baxter Creek and
the stream-ditch, which both contain water year round, are proposed for realignment. Two
wetland delineations dated October 2020 and December 2022 were provided and reviewed by
the city’s wetland consultant TerraQuatic. The stream-ditch formed from a combination of
ground and irrigation water will be day-lighted and realigned to connect to Baxter Creek. Baxter
Creek is a tributary to Aajker Creek, which connects to Hyalite Creek, a tributary of the East
Gallatin River north of Belgrade. Baxter Creek is considered “waters of the U.S.” and
jurisdictional according to a letter provided by the Army Corps of Engineers dated April 19,
2022 and provided in the application. Wetlands associated with the stream-ditch are connected to
the Baxter Creek wetlands and also considered jurisdictional, although a result of a man-made
conditions related to agriculture. A re-meandering of Baxter Creek where it has been historically
straightened is also proposed with the removal of cast berms to restore wetland and wetland
function.
TerraQuatic provided a list of corrections for their aquatic resources analysis of the wetland and
watercourse information presented in a letter provided to the applicant dated April 6, 2023.
Those corrections included moving the re-aligned stream-ditch further north of the Huffine Lane
right-of-way to allow for room for the required shared use path along Huffine Lane to be placed
in the appropriate section of zone 2 of the 50-foot watercourse setback. A revised proposal from
the applicant included in the application packet shows the ditch now provided in two open space
parcels, Open Space G Block 13 and Open space F Block 12 with appropriate setbacks from the
stream-ditch and restoration plantings. The stream-ditch had previously flowed north and
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eventually disappeared underground. The realignment of the ditch to release into Baxter Creek is
seen as a positive as it will increase water flow into that watercourse system, and daylighting the
ditch will add channel that reestablishes wetland vegetation and stream health. Water course
plantings as trees, shrubs, and native grass seed will be provided for restoration and meet BMC
38.410.100. An updated letter from TerraQuatic was provided to the applicant dated June 30,
2023 regarding the relocated channel and setback zones. The recommendation within the letter
was that the proposed channel location and its north and south setback locations follow the City
of Bozeman’s aquatic resource regulations. With the additional recommendation that the city
should acquire all copies of aquatic resources permits.
The wetland impacts, which total 3.99 of the total 6.93 acres are both partially man-made, and
jurisdictional and under the purview of the U.S. Army Corps of Engineers. Code provision 4
requires the applicant obtain required permits from the Gallatin County Conservation District,
Montana Department of Environmental Quality, and the U.S. Army Corps of Engineers
regarding the proposed project. These permits must be provided prior to final plat approval.
Code provision 4a requires permits to be provided prior to any fill or landscaping activities in
Lot 2 Block 11. Wetlands within this parcel are proposed to be filled and plantings provided that
reflect the new, post-fill, location of the required watercourse and wetlands setbacks. Because the
final location of wetlands and wetlands setbacks within and adjacent to this parcel reflects a
modified condition outside of the existing natural location and setbacks provided within an open
space parcel, the applicant must provide appropriate permits prior to commencing any fill
activities.
38.220.060.A.2 - Floodplains
A flood hazard evaluation report completed by Hyalite Engineers, stamped and signed by a
professional engineer, was provided in the application documents and is dated November, 2023.
The report details a study completed of the 100-year floodplain on Baxter Creek at the east side
of the property against the existing and proposed conditions of this subdivision at full build out.
The resulting flood hazards were evaluated by the Engineering Division against code
requirements contained in BMC 38.600. The resulting hazard was found to meet BMC
38.600.050. No land deemed to be subject to flooding is proposed to be developed for new
buildings.
38.220.060.A.3 - Groundwater
A geotechnical site evaluation was completed in April of 2021 and included eight test pits across
the entire Urban Farm Phase 2 site. The site is in an area of high groundwater which may
negatively impact future structures or cause illicit discharges into the sanitary sewer and over
burden the surface drainage system. Note 3 on the plat prohibits use of basements or crawl
spaces unless a professional engineer certifies that the structure has been designed in such a way
to accommodate seasonal high groundwater. This requirement will protect both future structure
owners from future hazards of flooding and lessen burden on the public from illicit discharges.
Code provision 19 is related to high groundwater and stormwater infrastructure.
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38.220.060.A.4 - Geology, Soils and Slopes
This subdivision will not significantly impact the geology, soils or slopes. No significant
geological features or slopes exist on the site.
38.220.060.A.5 - Vegetation
This subdivision will not significantly impact vegetation. No critical plant communities
identified on site.
38.220.060.A.6 - Wildlife
This subdivision will not significantly impact wildlife. There are no known critical habitats on
the property. The property is bound by Huffine Lane/US-191 to the south, agricultural uses to the
west, subdivided residential development to the north, and subdivided commercial development
to the east. The aquatic resources on the property have been impacted by agricultural crop
production and grazing. The applicant provided a report from the U.S Fish and Wildlife
Service’s Information for Planning and Consultation website.
38.220.060.A.7 - Agriculture
This subdivision will not impact agriculture. The subject property is designated as community
commercial mixed use according to the 2020 Bozeman Community Plan. The area is zoned for
residential, commercial, and mixed uses under the REMU and B-2M zoning designations. The
site is historically used for grazing and irrigated crops, but no significant agricultural uses still
exist on the site.
38.220.060.A.8 - Agricultural Water User Facilities
See discussion above under primary review criteria.
38.220.060.A.9 - Water and Sewer
The subdivision will not significantly impact city water and sewer infrastructure. Water and
sewer improvements will be designed to meet City of Bozeman Standards and State Department
of Environmental Quality Standards and Regulations. Also see discussion above.
38.220.060.A.10 - Stormwater Management
The subdivision will not significantly impact stormwater infrastructure. See discussion above
under primary review criteria.
38.220.060.A.11 - Streets, Roads and Alleys
The subdivision will not significantly impact the City’s street infrastructure and will provide
adequate improvements to support the development and the existing neighborhoods by
completing the street grid in the area with conditions and code provisions. Four local streets
running north-south are proposed as extensions of S. Eldorado Avenue, Reliance Avenue, Pond
Lily Drive, and Water Lily Drive. One new local street named Betty Lane, and Water Lily Drive
are proposed as right-in/right-out accesses from Huffine Lane.
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Two local streets are proposed to run east-west and are extensions of Competition Drive and
Valley Commons Drive. Only Competition Drive will connect to the street grid to the east at this
time. Valley Commons Drive is not currently proposed to connect to the existing grid to the east
due to surface water and topography issues and a lack of connection from the adjacent property’s
street grid. BMC 38.400.010 requires connection to developed areas when necessary for the
convenient movement of traffic, effective provision of emergency services, and efficient
provision of utilities. However, since connection to Valley Commons Drive to the east is
currently blocked by existing buildings, wetlands, and a watercourse, the City Engineer
determined that a connection was not necessary at this time.
The presence of the conservation easement parcel to the west of the subject property, and the
continuation of a park system from the north limits the ability to continue these east-west drives
further to the west. The applicant submitted a variance to not construct the portions of Valley
Commons Drive and Competition Drive west of Eldorado Avenue but still provide the platted
rights-of-way. BMC 38.400.010 requires streets and alleys to be constructed to the boundary line
of the tract to be developed when the tract adjoins undeveloped land and access to the
undeveloped land would reasonably pass through the new development. The City Engineer has
determined that it is unreasonable to construct these portions of Valley Commons Drive and
Competition Drive because of the conservation easement on the property to the west of the
development. Due to the long-term nature of the conservation easement, the portions of street in
question would not be utilized for a long time and the City would incur maintenance liability on
streets that are not utilized. The City Engineer supports the submitted variance to build these
portions of Valley Commons Drive and Competition Drive because the long-term nature of the
conservation easement prevents street utilization during the term on the easement. Due to the
hardship related to the conservation easement, staff finds the requested variance meets the
subdivision variance criteria in BMC 38.250.080.B.2 for specific cases related to physical
surroundings, shape, or topographical conditions of the property. The City Engineer also
supports providing the rights-of-way because the rights-of-way will provide access and
connection to this development in the case that the conservation easement is terminated and the
property to the west is developed. The provided rights-of-way without the physical construction
of the streets themselves at this time ensure that the subdivision will not be detrimental in public,
health safety, or general welfare and will not place the subdivision in nonconformance with other
provisions of Chapter 38 because the future rights-of-way may be connected if development on
the parcel to the west occurs which meets the connectivity standards located in Articles 4 and 5
of Chapter 38.
A portion of Valley Commons Drive, Water Lily Drive, and Betty Lane are proposed as non-
standard local street sections constructed with back-in angled on-street parking. Code provision
6d requires a note on the plat to provide notification to future land owners that the property
owners’ association is responsible for maintenance of non-standard local streets as described
above. Code provision 8b requires the certificate of dedication on the plat to be customized to
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read that the city does not accept maintenance responsibility for the non-standard local streets.
The proposed extension of South Laurel Parkway, classified as a Collector Street, will run north-
south through the development and connect Huffine Lane north to Oak Street through existing
residential developments.
A Traffic Impact Study (TIS) was provided and evaluated by the reviewing engineer for
compliance with adopted design standards and code requirements. Code provision 12 is related
to street improvement standards. Based on the TIS review 12a requires the proposed intersection
of Laurel Parkway and Huffine Lane to be either signalized or developed as a roundabout subject
to Montana Department of Transportation (MDT) review and approval. Based on the TIS review,
code provision 12b states the applicant must install intersection improvements at the Fallon
Street and Cottonwood Road intersection including three-quarter access control and pedestrian
hybrid beacons prior to final plat approval. Code provision 12c requires the applicant install right
turn deceleration lanes on Huffine Lane at the following intersections if warranted by MDT:
Huffine Lane and Laurel Parkway, Huffine Lane and Betty Lane, Huffine Lane and Water Lily
Drive. These code provisions are required to offset traffic impacts to the transportation grid prior
to final plat approval.
38.220.060.A.12 – Non-Municipal Utilities
The applicant has received confirmation of future service connections from Northwestern Energy
and Yellowstone Fiber for the proposed subdivision. These responses are provided in the
application documents.
38.220.060.A.13 - Land Use
The application has provided future land use data consistent with the REMU and B-2M zoning
districts. No specific proposed uses have been provided at this time, but the applicant has
provided a land use map showing proposed residential use areas, commercial use areas, and
parkland and open space areas. No 1-4 household lots subject to sketch plan review are proposed
with the application. Subsequent development of individual lots will be subject to site plan
review prior to any building permit issuance. See discussion in Appendix A regarding zoning.
38.220.060.A.14 - Parks and Recreation Facilities
The proposed subdivision will provide new parkland, and cash or improvements-in-lieu of
parkland dedication. The proposal meets the required park dedication and improvement
standards with conditions and code provisions. The Parks Department reviewed the parkland
proposal also see the discussion above.
38.220.060.A.15 - Neighborhood Center Plan
To provide a neighborhood focal point, all residential subdivisions that are ten net acres in size
or greater, must have a neighborhood center. The neighborhood center proposed for this
subdivision is the central park, Block 9 Park G on the plat. This park is located within 600 feet
from the geographic center point of the development. The park is proposed with street frontage
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on 3 sides which meets the 50-100% frontage requirement. Direct pedestrian access to the park is
available via trail connections through the linear park to the west and sidewalk and trail
connections from the creek side open space to the east, as well as the street and sidewalk
network. The neighborhood center is also located nearby the two parcels proposed for
commercial development
38.220.060.A.16 - Lighting Plan
Subdivision or street lighting is required pursuant to BMC 38.570.030. All street lights installed
must use LED light heads and must conform to the City’s requirement for cut-off shields as
required by the City’s specifications. A Special Improvement Lighting District (SILD) must be
created prior to final plat application. Code provision 14 is related to this issue.
38.220.060.A.17 - Miscellaneous
The proposed subdivision is not located within 200 feet of any public land access or within a
delineated Wildland Urban Interface area. No health or safety hazards on-site or off-site will be
created with this development.
38.220.060.A.19 - Affordable Housing
This application does not rely on incentives authorized in 38.380. Therefore, no analysis is
required.
SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS
A. PURSUANT to Chapter 38, Article 2, BMC, and other applicable sections of Chapter 38,
BMC, public notice was given, opportunity to submit comment was provided to affected
parties, and a review of the preliminary plat described in these findings of fact was
conducted.
B. The purposes of the preliminary plat review were to consider all relevant evidence
relating to public health, safety, welfare, and the other purposes of Chapter 38, BMC; to
evaluate the proposal against the criteria and standards of Chapter 38 BMC; and to
determine whether the plat should be approved, conditionally approved, or denied.
C. The matter of the preliminary plat application was considered by the City Commission at
a public meeting on April 16, 2024 at which time the Department of Community
Development Staff reviewed the project, submitted and summarized the conditions of
approval, and summarized the public comment submitted to the City prior to the public
hearing.
D. The City Commission requested public comment at the public meeting on April 16, 2024
and one instance of public comment was received.
E. It appeared to the City Commission that all parties and the public wishing to examine the
proposed preliminary plat and offer comment were given the opportunity to do so. After
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receiving the recommendation of the relevant advisory bodies established by Section
Chapter 38, BMC, and considering all matters of record presented with the application
and during the public comment period defined by Chapter 38, BMC, the City
Commission has found that the proposed preliminary plat would comply with the
requirements of the Bozeman Municipal Code if certain conditions were imposed.
Therefore, being fully advised of all matters having come before her regarding this
application, the City Commission makes the following decision.
F. The preliminary plat has been found to meet the criteria of Chapter 38, BMC, and is
therefore approved, subject to the conditions listed in Section 3 of this report and the
correction of any elements not in conformance with the standards of the Chapter
including those identified in Section 4 of this report. The evidence contained in the
submittal materials, advisory body review, public testimony, and this report, justify the
conditions imposed on this development to ensure that the final site plan and subsequent
construction complies with all applicable regulations, and all applicable criteria of
Chapter 38, BMC.
G. This City Commission order may be appealed by bringing an action in the Eighteenth
District Court of Gallatin County, within 30 days after the adoption of this document by
the City Commission, by following the procedures of Section 76-3-616, MCA. The
preliminary approval of this single-phased major subdivision shall be effective for two
(2) years from the date of the signed Findings of Fact and Order approval. At the end of
this period the City may, at the request of the subdivider, grant an extension to its
approval by the Community Development Director for a period of mutually agreed upon
time.
DATED this ________ day of _____________________, 2024
BOZEMAN CITY COMMISSION
_________________________________
CYNDY ANDRUS
Mayor
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ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The majority of the property is zoned B-2M, Community Business District – Mixed. 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. 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 has indicated the
majority of the subdivision, with the exception of Blocks 12 and 13 will be developed as
primarily residential uses. B-2M allows apartments, apartment buildings, townhouses,
rowhouses, live-work units, ground floor residential, and a variety of group residential uses. No
1-4 household lots subject to sketch plan review are proposed with the application. Subsequent
development of individual lots will be subject to site plan review prior to any building permit
issuance. The proposed subdivision meets the intent of this zoning designation by providing
development adjacent to a major arterial corridor, with potential future transit stops and a
commercial node. Pedestrian facilities are proposed with the shared use path along Huffine, the
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two linear parks, and the enhancement of the Baxter Creek corridor with plantings and trail
connections to the wider park and trail network.
A portion of the subject property is zoned REMU, Residential Emphasis Mixed Use. The intent
of the REMU district he intent and purpose of the REMU district is to establish areas within
Bozeman that are mixed-use in character and to provide options for a variety of housing,
employment, retail and neighborhood service opportunities within a new or existing
neighborhood. These purposes are accomplished by:
1. Emphasizing residential as the primary use, including single household dwellings, two to
four household dwellings, townhouses, and apartments.
2. Providing for a diverse array of neighborhood-scaled commercial and civic uses
supporting residential.
3. Emphasizing a vertical and horizontal mix of uses in a compact and walkable
neighborhood setting.
4. Promoting neighborhoods that:
a. Create self-sustaining neighborhoods that will lay the foundation for healthy
lifestyles;
b. Support compact, walkable developments that promote balanced transportation
options;
c. Have residential as the majority use with a range of densities;
d. Provide for a diverse array of commercial and civic uses supporting residential;
e. Have residential and commercial uses mixed vertically and/or horizontally;
f. Locate commercial uses within walking distance;
g. Incorporate a wider range of housing types; and
h. Encourage developments that exhibit the physical design characteristics of
vibrant, urban, and pedestrian-oriented complete streets.
5. Providing standards and guidelines that emphasize a sense of place:
a. Support or add to an existing neighborhood context;
b. Enhance an existing neighborhood's sense of place and strive to make it more
self-sustainable;
c. Encourage a new neighborhood commercial center(s) with a unique identity and
strong sense of place;
d. Develop commercial and mixed-use areas that are safe, comfortable, and
attractive to pedestrians; and
e. Reinforce the principle of streets as public places that encourage pedestrian and
bicycle travel, transit, on-street parking and physical elements of complete streets.
6. Providing standards and guidelines that emphasize natural amenities:
a. Preserve and integrate the natural amenities into the development; and
b. Appropriately balance a hierarchy of both parks and public spaces that are within
the neighborhood.
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7. Providing standards and guidelines that emphasize the development of centers:
a. Group uses of property to create vibrant centers;
b. Where appropriate create a center within an existing neighborhood;
c. Facilitate proven, market driven projects to ensure both long and short-term
financial viability;
d. Allow an appropriate blend of complementary mixed land uses including, but not
limited to, retail, offices, commercial services, restaurants, bars, hotels, recreation
and civic uses, and housing, to create economic and social vitality;
e. Foster the master plan development into a mix of feasible, market driven uses;
f. Emphasize the need to serve the adjacent, local neighborhood and as well as the
greater Bozeman area; and
g. Maximize land use efficiency by encouraging shared use parking.
8. Promoting the integration of action:
a. Support existing infrastructure that is within and adjacent to REMU zones;
b. Encourage thoughtfully developed master planned communities;
c. Provide flexibility in the placement and design of new developments and
redevelopment to anticipate changes in the marketplace;
d. Provide flexibility in phasing to help ensure both long and short term financial
viability for the project as a whole;
9. Providing standards and guidelines that promote sustainable design
Use of this zone is appropriate for sites at least five acres in size and areas located adjacent to an
existing or planned residential area to help sustain commercial uses within walking distance and
a wider range of housing types. The proposed subdivision is appropriate for this zone because of
the proposed pedestrian amenities, enhancement of the natural environment, and the
development of a large central park adjacent to a commercial node. While some of these design
elements are outside of the REMU zoned area they will help foster a sense of place unique to the
new neighborhood.
Portions of Block 1 and Block 5 of the proposed subdivision are located within REMU zoning.
Per BMC 38.310.060.B a master site plan is required for REMU zoned properties greater than or
equal to five acres in size prior to development. However, due to the relatively small size of the
REMU zoned area, staff supported waiving the master site plan requirement. REMU zoned
properties will still be required to meet all zoning criteria for this district intended to achieve the
purpose of the district described above including but not limited to BMC 38.310.060 –
Supplemental use provisions, and BMC 38.330.020 – REMU district special standards.
Adopted Growth Policy Designation:
Table 4 of the Bozeman Community Plan 2020 shows the correlation between future land use
map designations and implementing zoning districts. (See below for the Table)
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The subject property is designated as 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
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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.
This proposed subdivision is well-suited to implement the Community Commercial Mixed Use
designation by providing residential and commercial development along a busy arterial corridor
and extending a Collector street, Laurel Parkway, to Huffine Lane to create an intersection
quadrant integrated with pedestrian and transit amenities. The proposed subdivision is also
planning pedestrian amenities across the park, trail, and open space system that will frame the
commercial uses and provide opportunities for plaza development. Density and individual uses
will be evaluated at the time of development against the REMU and B-2M zoning requirements.
The proposed subdivision meets the following Bozeman Community Plan 2020 goals:
N-1 Support well-planned, walkable neighborhoods.
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 with new development.
N-1.9 Ensure multimodal connections between adjacent developments.
N-1.10 Increase connectivity between parks and neighborhoods through continued trail and
sidewalk development. Prioritize closing gaps within the network.
N-4.4 Ensure an adequate supply of off leash facilities to meet the demand of Bozeman dog
owners.
DCD-1.9 Promote mixed-use developments with access to parks, open space, and transit options.
DCD 2.2 Support higher density development along main corridors and at high visibility street
corners to accommodate population growth and support businesses.
APPENDIX B – DETAILED PROJECT DESCRIPTION
Project Background and Description
A preliminary plat application by the applicant, Cushing Terrell, 411 E. Main Street 101,
Bozeman, MT 59715, representing owner Laurel Parkway LLC, 11 Lone Peak Drive STE 201,
Big Sky, MT 59716.
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APPENDIX C – NOTICING AND PUBLIC COMMENT
Notice was provided at least 15 and not more than 45 days prior to the City Commission public
meeting per BMC 38.220.420, The City scheduled public notice for this application on March 8,
2024. The applicant posted public notice on the subject property on March 8, 2024. The City
sent public notice to physically adjacent landowners of record within 200-feet of the subject
property via first class mail on March 8, 2024.
Two letters of public comment were received by the City Clerk’s office and are located in the
Laserfiche archive for application 23039 and available to the public.
Two instances of public comment were received at the Planning Board meeting. Connie Lien
who resides at 8507 Huffine Lane, which compromises the 68 acre conservation easement
directly to the west of the subject property and Jeremy Puckett the Stewardship Director with the
Gallatin Valley Land Trust. Mrs. Lien’s concerns included the following:
Their property on the conservation easement is a working farm. Concerns about livestock
and barb wire fencing posing a possible risk to the public and their property. Concerns
about dogs interfering with their livestock, as well as the nuisance a working farm will
pose to adjacent houses in terms of noise, smells, and fencing.
Concerns regarding loss of privacy to noise and lighting from the adjacent development
Concerns about infrastructure impact to the water table, and blocking natural water flow
with wells being drilled. Acknowledged the requirement for an agricultural water user’s
easement and how stormwater drainage is going to be handled.
Concerns about roads running up to her property line, discussed a history of cars crashing
into their property where the roads end. Would like to see a consideration in the
application to require better end of road signage and fencing.
Concerns about park maintenance by the property owners and potential impacts to her
property.
Jeremy Puckett also provide public comment related to the conservation easement on Mrs. Lien’s
property. His comments were focused on providing awareness about the conservation easement
and hopes that development is pursued in a manner that is as aware and forgiving of the
conservation values as possible. Recognize that the City needs space to grow, he wants to work
with the community while preserving conservation interests.
Further explanation related to how development code standards can help address the public
comment are provided in following locations in this report:
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- Code provision 8 requires the final Property Owners’ Association (POA) documents must
include the requirements of BMC 38.220.300, 310, and 320 where applicable. Section
38.220.320.A requires a section in the covenants to address agricultural uses of
neighboring properties including the following language “Lot owners and residents of the
subdivision are informed that adjacent uses may be agricultural. Lot owners accept and
are aware that standard agricultural and farming practices can result in dust, animal odors
and noise, smoke, flies, and machinery noise. Standard agricultural practices feature the
use of heavy equipment, chemical sprays and the use of machinery early in the morning
and sometimes late into the evening." This section also requires fences bordering
agricultural lands to be maintained by the landowners as required by state law, and that
noxious weeds are controlled.
- Code provision 2 requires appropriate easements for maintenance and protection of
agricultural water and the developer's professional engineer must certify, prior to final
plat approval, that the water entering and exiting the realigned or relocated agricultural
water user facility is the same quality and amount of water that entered or exited the
facility prior to realignment or relocation.
- In relation to impacts to the water table, surface water, stormwater, ground water, and
agricultural water user facilities are addressed in Subdivision Review Criteria 4.
Stormwater facilities and exempt wells used for irrigation and public lands must be
designed and maintained so as to not negatively impact adjacent properties. Code
provision 21 relates to a proposed pond in the park, which would be supplied by well
water from an existing well. This code provision requires the pond be designed and
constructed to ensure the pond does not exceed an annual water use of 2.34 acre feet/year
which is the amount reported by the applicant to DNRC for use of the exempt well.
Further discussion of ground water use in the pond is located in the Parks discussion in
the primary review criteria in Section 6.
- In relation to the concerns about adjacent roads ending at the western property line and
safety concerns, the applicant has requested a variance to not construct the roads up to the
western property line shared with Mrs. Lien’s property and instead construct a continuous
park corridor which would provide a buffer from west bound traffic at the intersection of
El Dorado Avenue. This variance is discussed in the Streets, Roads and Alleys review
criteria under Section 6.
The City Commission held a public meeting to consider the application for approval on April 16,
2024 at 6:00 pm. Public comment was received at the City Commission meeting from Connie
Lien who resides at 8507 Huffine Lane, with comments consistent with those detailed above at
the Community Development Board Meeting.
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APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF
Owner: Laurel Parkway LLC, 11 Lone Peak Drive STE 201, Big Sky, MT 59716
Applicant: Cushing Terrell, 411 E. Main Street 101, Bozeman, MT 59715
Representative: Cushing Terrell, 411 E. Main Street 101, Bozeman, MT 59715
Report By: Danielle Garber, Associate Planner
FISCAL EFFECTS
Fiscal impacts are undetermined at this time, but will include increased property tax revenues
from new development, along with increased costs to deliver municipal services to the property.
Impact fees will be collected at the time of building permit issuance for individual buildings
along with City sewer and water connection fees.
ATTACHMENTS
The full application and file of record can be viewed digitally at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715, as well as digitally at
https://www.bozeman.net/departments/community-development/planning/project-information-
portal, select the “Project Documents Folder” link and navigate to application 23039.
Project documents are available at this direct link to the public Laserfiche archive for application
23039 with direct links to individual documents provided below:
Urban Farm Phase 2 Preliminary Plat
Overall Site Plan
Overall Landscape Plan
West Linear & Dog Park Landscape Plan
Valley Commons Linear Park Landscape Plan
Central Park Landscape Plan
Baxter Creek North Landscape Plan
Baxter Creek South Landscape Plan
Huffine Ditch Landscape Plan
Urban Farm Phase 2 Narrative
Variance Request
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Memorandum
REPORT TO:City Commission
FROM:Natalie Meyer, Sustainability Program Manager
Jon Henderson, Strategic Services Director
SUBJECT:Authorize the City Manager to Sign a Revised Interlocal Agreement Between
the City of Bozeman, the City of Missoula, and Missoula County to Inform the
Development of a Green Tariff
MEETING DATE:May 14, 2024
AGENDA ITEM TYPE:Agreement - Legal
RECOMMENDATION:Authorize the City Manager to Sign a Revised Interlocal Agreement Between
the City of Bozeman, the City of Missoula, and Missoula County to Inform the
Development of a Green Tariff.
STRATEGIC PLAN:6.3 Climate Action: Reduce community and municipal Greenhouse Gas
(GHG) emissions, increase the supply of clean and renewable energy; foster
related businesses.
BACKGROUND:The Bozeman City Commission adopted the 2020 Bozeman Climate Plan
which identifies the goals of achieving a 26% greenhouse gas emissions
reduction by 2025, 100% net clean electricity by 2030, and carbon neutrality
by 2050. Action 2.E.1 calls for the advancement of a green tariff to increase
community access to clean energy and result in new investments in clean
energy across Montana. A green tariff is a common mechanism by which
customers of regulated utilities have the option to buy power from newly
developed renewable energy sources through a special rate (or “tariff”) on
their utility bills.
On February 2, 2021, the City Commission authorized the City of Bozeman to
enter into an Interlocal Agreement between the City of Bozeman, the City of
Missoula, Missoula County, and the City of Helena to inform the
development of a green tariff to meaningfully advance our clean energy
goals. Under the agreement, the local governments jointly secured and paid
for a professional consultant with expertise in utility rate design. The local
governments’ goals for the voluntary green tariff include (1) that it results in
the development of new utility-scale renewable energy in the state of
Montana, (2) that the green tariff rates, contract terms, and eligibility
requirements make it accessible and attractive to as many NorthWestern
Energy customers as possible, and (3) that it does not negatively impact
nonparticipating customers.
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Section 1 of the Interlocal Agreement provided that the term would be for
two (2) years unless extended by six (6) months by mutual agreement of the
parties in writing. The Agreement was administratively extended on
February 11, 2023, for a period of six (6) months through August 10, 2023.
On June 13, 2023, the City Commission authorized the approval of
Amendment No. 1 to the Interlocal Agreement , extending the term of the
agreement to four (4) years, from February 10, 2021 to February 10, 2025,
with the option of extending for up to one (1) -year increments by mutual
agreement. Section 4.2 of the Agreement specified that the contract with
the consultant should not exceed $138,000. Amendment No. 1 increased the
contract amount by up to $65,000, not to exceed $203,000 without the
consent of the parties. The City of Missoula and Missoula County agreed to
contribute the additional funding allocation referenced in Amendment No.
1. The City of Bozeman did not increase its original allocation of $90,000 but
extended our existing commitment through fiscal year 2024.
On November 28, 2023, the Bozeman City Commission approved the Green
Power Program Term Sheet (also known as a green tariff) outlining the
framework and procedural steps and documents necessary for the
development of a green tariff.
The communities continue to develop the supporting documents necessary
to advance a Green Power Program with NorthWestern Energy.
Collaboration with the City of Missoula and Missoula County is expected to
continue through program development, filing with the Montana Public
Service Commission, participant recruitment, resource development, and
program launch. As the program advances, the parties to the agreement
recognize the value of jointly pursuing additional consulting services,
including but not limited to legal representation.
The Revised Interlocal Agreement supersedes and replaces the original
Interlocal Agreement and Amendment No. 1. The revised Interlocal
Agreement incorporates the terms of the original Interlocal Agreement while
allowing the parties to work cooperatively until the goals of the program are
fulfilled. To accommodate additional consulting services, the Revised
Interlocal Agreement increases the City of Bozeman’s allocation by up to
$25,000 through fiscal year 2026. Joint contracts with consultants are not to
exceed $268,000 without the consent of the parties.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:The revised Interlocal Agreement increases the City of Bozeman's maximum
contribution by $25,000. This increase is currently authorized under the
Sustainability Division's operating budget and is included in the City
Manager's Recommended 2024-2026 Biennial Budget.
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Attachments:
Revised Interlocal Agreement Green Tariff_2024-05-14.pdf
Report compiled on: May 2, 2024
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Revised Interlocal Agreement for Green Tariff Page 1 of 7
REVISED INTERLOCAL AGREEMENT BETWEEN
CITY OF MISSOULA, MISSOULA COUNTY, AND CITY OF BOZEMAN
This Revised Interlocal Agreement (Agreement) for the development of a green tariff program is
made and entered into between the City of Missoula (“Missoula”), Missoula County (“Missoula
County”), and the City of Bozeman (“Bozeman”), jointly referenced in this agreement as “the
Parties,” for the purpose of advancing the Parties’ clean energy goals. This Revised Interlocal
Agreement supersedes and replaces the Interlocal Agreement between the Parties for the
development of a Green Tariff dated February 10, 2021.
RECITALS
A. The Parties have a responsibility to protect and enhance the public health, safety, general
welfare, and quality of life of their residents, and to that end they have each established a
number of climate action goals and commitments, including a goal of 100% clean
electricity by 2030; and
B. A green tariff is an increasingly common mechanism by which customers of regulated
utilities have the option to buy power from newly developed renewable energy sources
through a special rate (or “tariff”) on their utility bills; and
C. The Parties recognize that a well-designed green tariff has the potential to meaningfully
advance their climate and clean energy goals; and
D. In 2019 the Montana Public Service Commission approved a settlement agreement
between NorthWestern Energy, the Montana Department of Environmental Quality, the
Montana Consumer Counsel, and Walmart, in which NorthWestern Energy agreed to
initiate a stakeholder process to explore the development of a green tariff; and
E. The Parties are active participants in this stakeholder process; and
F. The Parties each appropriated funds in the FY2021 budget year to advance their clean
energy goals through such efforts as hiring a consultant to inform the development of a
well-designed green tariff; and
G. Missoula County, on behalf of the Parties, has issued a competitive Request For
Proposals (RFP) to engage qualified consultants with expertise in utility rate design to
support the development of a green tariff by NorthWestern Energy in order to advance
the Parties’ clean energy goals; and
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Revised Interlocal Agreement for Green Tariff Page 2 of 7
H. The Parties agree that the benefits of clean, renewable energy solutions and projects
should be equitably available to all, and that such projects should cause no extraordinary
burden on any particular group, especially low- and fixed-income households, Black,
Indigenous and People of Color (BIPOC); and
I. Montana Code Annotated Sections 7-11-101 et seq. authorizes the Parties to enter into
this Agreement for the purpose of mutually securing and paying for a professional and
qualified consultant to inform the development of a green tariff that will meaningfully
advance the Parties’ clean energy goals.
J. The Parties entered into an interlocal agreement dated February 10th, 2021 (“the
Interlocal Agreement”), under which the Parties agreed to mutually secure and pay for a
professional, qualified consultant to inform the development of a green tariff that will
meaningfully advance the Parties’ clean energy goals.
K. Section 1 of the Interlocal Agreement provided that the term of the Interlocal Agreement
would be for two (2) years unless extended in six (6) month increments by mutual
agreement of the Parties in writing.
L. The Interlocal Agreement was extended on February 11, 2023, for a period of six (6)
months. The extension was to allow time for the Parties to determine the appropriate
amendments to the Interlocal Agreement’s duration and budget.
M. The Parties continued to contract with a professional, qualified consultant to inform the
development of a green tariff that will meaningfully advance the Parties’ clean energy
goals, in alignment with the purpose of the Original Agreement. The Parties anticipated
work with this consultant to continue through the end of 2025.
N. The Interlocal Agreement was amended on June 20, 2023 (“Amendment 1”) to allow for
longer durations of extension, beyond six (6) month increments, to align with the
expected timeline of consultant services needed to support development of a green tariff
that will meaningfully advance the Parties’ clean energy goals. Amendment 1 also
increased the funds allocated to the contract with the consultant to pay for their continued
work. Amendment 1 was effective as of August 11, 2023, and ends February 10, 2025.
O. The Parties continue to pursue the development of a green tariff that will meaningfully
advance the Parties’ clean energy goals, including the adoption of the Green Power
Program Term Sheet (“Term Sheet”) in 2023. The Term Sheet outlines a series of
procedural steps and documents necessary for the development of a green tariff.
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Revised Interlocal Agreement for Green Tariff Page 3 of 7
P. The Parties anticipate the need to contract with additional qualified consultants,
including but not limited to legal representation and communications and strategy
experts, in order to develop a green tariff that will meaningfully advance the Parties’
clean energy goals.
Q. The Parties would also like to increase the funds they may allocate to the contracts with
the consultants to pay for their work.
R. The Parties also desire to adjust the term of the Interlocal Agreement, allowing the
Parties to indefinitely work cooperatively in the future on the green tariff program until
such time as the Parties determine their goals are fulfilled.
Based on the foregoing, the Parties agree as follows:
1. RECITALS INCORPORATED. The Recitals provided above are hereby incorporated.
2. SUPERSEDE INTERLOCAL AGREEMENT. The Interlocal Agreement between the
Parties for the development of a green tariff program dated February 10, 2021, and the First
Amendment to the Interlocal Agreement, dated June 20, 2023, are hereby superseded in their
entirety and no longer have force and effect. Notwithstanding the above, the Parties
commitments related to the payment of consultants as expressed in the Interlocal Agreement
and the First Amendment are incorporated herein and survive.
3. DURATION. The duration or term of the Interlocal Agreement shall be perpetual until
terminated by one or more parties. Should one party terminate this Agreement, the Interlocal
Agreement remains effective as to the remaining Parties until such time as the other Parties
terminates their participation in this Revised Interlocal Agreement.
4. ORGANIZATION, COMPOSITION AND NATURE OF ANY SEPARATE LEGAL
ENTITY CREATED BY THE CONTRACT. The Parties agree that a separate legal entity
is not created by this Revised Interlocal Agreement. The Parties are independent units of
local government with separate governance boards.
5. PURPOSE OF INTERLOCAL AGREEMENT. The purpose of this Revised Interlocal
Agreement is to mutually secure and pay for professional, qualified consultants to inform the
development of a green tariff that will meaningfully advance the Parties’ clean energy goals.
The Parties may also perform other tasks necessary in fulfillment of the development of a
green tariff.
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Revised Interlocal Agreement for Green Tariff Page 4 of 7
6. MANNER OF COOPERATIVE UNDERTAKING AND ESTABLISHMENT OF
BUDGET. The Parties are responsible for the following financial obligations:
6.1. The Parties are responsible for their own expenses unless otherwise provided for in this
Agreement or by operation of law.
6.2. The Interlocal Agreement specified that the contract with the consultant should not
exceed $138,000.00 without the consent of the Parties. Amendment 1 to the Interlocal
Agreement extended the allocation by a total of $65,000, such that the contract with the
consultant shall not exceed $203,000 without consent of the Parties. The Revised
Interlocal Agreement extends this allowed allocation by a total of $65,000, such that the
contracts with consultants now shall not exceed $268,000 without consent of the Parties.
The Parties agree to contribute, subject to each Party’s budgetary appropriations, the
following toward the contracts total:
• Missoula County: up to $30,000 plus any additional amount allocated in Fiscal
Year 2024, 2025, and 2026
• City of Missoula: up to $115,000 total between Fiscal Years 2021, 2022, 2023,
2024, 2025, and 2026
• City of Bozeman: up to $115,000 total between Fiscal Years 2021, 2022, 2023,
2024, 2025, and 2026
• City of Helena: up to $8,000 plus any additional amount allocated in Fiscal Year
2022
The City of Helena was party to the Original Agreement established in February 2021
but did not elect to extend the Agreement in 2023. The City of Helena therefore has not
been a party to this Interlocal Agreement since the original agreement expired on
February 10, 2023. Their contribution of $8,000 was spent down in full by the end of
April of 2021.
Should the Parties determine it necessary to complete additional tasks in development of
a green tariff, the Parties may allocate additional funds for such tasks by approval of their
chief executive officer, county commission, city council or city manager. Nothing herein
binds a party to participate in any additional task nor does this Revised Interlocal bind a
party to budget funds to participate in additional tasks. The purpose of authorizing the
Parties to perform additional tasks and to allocate additional funds is to recognize such
additional tasks may become necessary and to provide the Parties’ authority to perform
such additional tasks.
6.3. Funding from the Parties shall be allocated from the Parties’ adopted budgets, but
nothing herein binds a party to allocate funds.
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Revised Interlocal Agreement for Green Tariff Page 5 of 7
6.4. For work in which a consultant is retained, Missoula County agrees to manage the
contracts with the consultants and their subcontractors, including receiving invoices and
making payments.
6.5. For work in which a consultant is retained, following payment to the consultants,
Missoula County agrees to provide invoices to Missoula, and Bozeman for their portions
of the payment.
6.6. For work in which a consultant is retained, upon receiving invoices from Missoula
County, Missoula, and Bozeman agree to reimburse the County for their portions of the
payment to the consultants.
6.7. Upon receiving invoices from Missoula County, Missoula, and Bozeman agree to
reimburse the County for their portion of the payment to the consultant.
7. MANAGEMENT AND ADMINISTRATION, ROLES. The Parties are responsible for
the following management and administrative activities:
7.1. Each party is respectively responsible for the management of its employees.
7.2. The Parties shall be jointly responsible for selecting all consultants.
7.3. Staff of the Parties shall review the contracts for compliance with their own contracting
policies and then with the consultants prior to contract execution. The contracts shall
require the consultants to consult jointly and regularly with staff of the Parties
throughout the duration of the contracts.
7.4. After approval of the contract form by all Parties, Missoula County shall enter into the
contracts with the consultants and shall be responsible for administering the contracts.
7.5. Staff of the Parties will jointly manage and provide direction to the consultants.
7.6. In the course of the activities described in Sections 7.2, 7.3, and 7.5, the Parties shall
strive for consensus. In the absence of consensus, the decision of a majority of the
Parties shall prevail. Any party that disagrees with a decision of the majority may
choose to withdraw from this Agreement per Section 8.
8. WITHDRAWAL AND TERMINATION. Any party may withdraw from this Agreement
unilaterally, with or without cause, by giving notice of withdrawal in writing at least 30 days
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Revised Interlocal Agreement for Green Tariff Page 6 of 7
prior to date of withdrawal. The withdrawal of a party will not terminate the Agreement
provided that at least two parties to the Agreement remain. The withdrawal of more than two
parties will constitute termination of the Agreement. Withdrawing parties will be responsible
for their portion of contract expenses incurred up to the point of withdrawal but will not be
responsible for any expenses incurred beyond that point.
9. MANNER OF ACQUIRING, HOLDING AND DISPOSING OF REAL AND
PERSONAL PROPERTY USED IN THE JOINT UNDERTAKING. No personal or real
property shall be acquired, held and disposed of by the Parties in fulfillment of this
Agreement.
10. RETIREMENT SYSTEM REPORTING. Each party is respectively responsible for any
reports or payments of retirement system contributions for its employees.
11. INDEMNIFICATION. Each Party respectively shall defend, indemnify and hold harmless
its employees and agents, from all claims, liabilities, causes of action or judgments,
including costs and attorney fees, asserted by or awarded to third parties as a result of any
negligent action or omission or willful misconduct, its employees or agents in performance
of work or services.
12. FILING OF INTERLOCAL AGREEMENT. This Revised Interlocal Agreement shall be
filed with the Missoula County Clerk and Recorder, the Gallatin County Clerk and Recorder,
the Lewis and Clark County Clerk and Recorder, and the Montana Secretary of State.
13. AUTHORIZATION TO APPROPRIATE FUNDS. In accordance with Montana Code
Annotated Section 7-11-108, the Parties may appropriate funds for the purpose of
performance of this Agreement and provide such personnel or services therefore as may be
within their legal power to furnish.
14. 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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Revised Interlocal Agreement for Green Tariff Page 7 of 7
Signed this ________ day of ____________________, 2024
MISSOULA COUNTY CITY OF MISSOULA
BY: BY:
________________________________________ _______________________________________
David Strohmaier Andrea Davis
Chair, Board of County Commissioners Mayor
________________________________________ ATTEST
Josh Slotnick
Commissioner _______________________________________
Claire Tremble
________________________________________ City Clerk
Juanita Vero
Commissioner
ATTEST:
________________________________________
Tyler Gernant
Clerk and Recorder
CITY OF BOZEMAN
BY:
_______________________________________
Chuck Winn,
Interim City Manager
ATTEST
_______________________________________
Mike Maas
City Clerk
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Memorandum
REPORT TO:City Commission
FROM:Jon Henderson - Strategic Services Director
Max Ziegler - Facilities Assistant Superintendent
SUBJECT:Authorize City Manager to Sign a Construction Agreement with Blanton
Contracting LLC for Professional Building Elevator Machine Room
Modernization
MEETING DATE:May 14, 2024
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize City Manager to Sign a Construction Agreement with Blanton
Contracting LLC for Professional Building Elevator Machine Room
Modernization
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:CIP Project GF001 is to modernize the existing elevator of the Stiff
Professional Building. The project consists of replacing and rebuilding the
operating components of a 1978 Otis Elevator hydraulic lift, as well as
making required code compliance improvements to the elevator machine
room and hoistway. As the elevator is approximately 45 years old, many of
the building systems which support the elevator no longer meet current
building and fire code. Modernizing the elevator itself triggers a requirement
to bring the associated systems up to current code, such as the electrical
supply and fire suppression systems. The elevator machine room code
upgrades must be completed in advance of Otis Elevator beginning work to
modernize the elevator equipment.
To procure a general contractor to complete the machine room upgrades an
RFP was published on January 13, 2024 with a February 23, 2024 due date.
There were no responses to this RFP, so the RFP was published a second
time which yielded a single proposal which exceeded the project budget.
Having exhausted the RFP procurement process, the City began directly
soliciting several general contractors interested in submitting a proposal.
Blanton Contracting expressed interest in the project and submitted a
project proposal to complete the machine room upgrades scope of work.
This proposal was accepted as it met the project budget and timeline
requirements to complete the required work in advance of Otis Elevator
installing the modernized components.
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UNRESOLVED ISSUES:None at this time.
ALTERNATIVES:As suggested by Bozeman City Commission
FISCAL EFFECTS:This contract will incur costs of $178,022.40 to be paid from the GF001
Project Fund.
Attachments:
Construction Agreement - Blanton Contracting - Pro Elevator
Machine Room Modernization - Compiled.pdf
Report compiled on: April 29, 2024
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Construction Agreement for Professional Building Elevator Machine Room Modernization
FY2024-2025
Page 1 of 16
CONSTRUCTION AGREEMENT
This Construction 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, Blanton Contracting LLC, 34 Remmy
Way, Unit 1, Belgrade, MT 59714, hereinafter referred to as “Contractor.” The City and Contractor
may be referred to individually as “Party” and collectively as “Parties.”
In consideration of the covenants, agreements, representations, and warranties contained
herein, the parties agree as follows:
1. Work to be Performed:
a. A description of the work to be performed to Stiff Professional Building
Elevator Machine Room Modernization Project (the “Construction Project”) and
Contractor’s duties is set forth in the Scope of Services attached hereto as Exhibit A and
by this reference made a part hereof, and in the drawings, plans, and specifications provided
by the City, which are included in the Scope of Services attached hereto as Exhibit A.
b. Prior to the commencement of any work on the Construction Project,
Contractor’s representatives and City’s representatives shall hold a meeting to establish a
working understanding among the parties as to the scope of the Construction Project and
duties of the Contractor. At this meeting, Contractor and City shall resolve any outstanding
issues related to the plans, designs, drawings, and specifications. If the parties are unable
to resolve these issues and the City fails, refuses, or is unable to approve the same, no work
shall commence on the Construction Project until such issues are resolved and the City
approves the related plans, designs, drawings, and specifications.
c. Except as provided elsewhere in this Agreement, Contractor shall furnish
all the labor, materials, equipment, tools, and services necessary to perform and complete
the Construction Project.
d. During work on the Construction Project, and as part of the final completion
of the Construction Project, Contractor shall clean up the Project site, including the removal
and satisfactory disposal of all waste, garbage, excess materials, and equipment, and the
performance of any other work necessary to restore the site to at least as good order and
condition as at the commencement of the Construction Project.
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Construction Agreement for Professional Building Elevator Machine Room Modernization
FY2024-2025
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2. City-Supplied Materials: The City may supply materials from time to time in
furtherance of the Construction Project. Such materials will be noted as an addendum to this
Agreement.
3. Time of Performance: Contractor shall begin the Construction Project after
receiving a Notice to Proceed from City and shall complete the Construction Project no later than
August 15, 2024. Time is of the essence of completion of all work and each phase of the
Construction Project.
4. Liquidated Damages: If the Construction Project is not completed within the time
provided by this Agreement, the City may deduct for each day the Construction Project remains
uncompleted the sum of Zero Dollars ($0.00) from the compensation hereinafter specified and
retain that sum as payment for liquidated damages sustained by reason of the Contractor’s failure
to complete the Construction Project on time.
5. Compensation:
a. City shall pay to Contractor, and Contractor shall accept as full payment for
the performance of this Agreement and the Construction Project, the amount of One
Hundred and Seventy-Eight Thousand, Twenty-Two Dollars and 40 Cents ($178,022.40).
b. If work not included within the original Construction Documents is
requested by City, such additional work and the related compensation shall be agreed to in
writing by both parties prior to commencement of the additional work (“Change Order”).
c. City shall retain five percent (5%) of the total amount of compensation to
be paid to the Contractor to ensure compliance with the terms and conditions of this
Agreement and the timely completion of the Construction Project and any and all “punch
list” items (“Retainage Amount”). The Retainage Amount shall be paid to Contractor thirty
(30) days after the City’s final acceptance of the portion of work for which a separate price
is stated in the specifications for the Construction Project.
e. Upon acceptance of final payment and for other good and valuable
consideration, Contractor shall and hereby does release and forever discharge City, its
officers, agents, and employees of and from any and all claims, demands, actions, causes
of action, obligations, and liabilities of every kind and character whatsoever, in law and in
equity, whether now known or in the future discovered, arising from or related to this
Agreement or the Construction Project that Contractor may have or assert against City, its
officers, agents, and employees.
6. Inspection and Testing:
a. City has the right to inspect and test any and all work performed by
Contractor on the Construction Project. Contractor shall allow City and its agents access
to the Construction Project at all times and shall provide every reasonable facility for the
purpose of such inspection and testing, including temporarily discontinuing portions of the
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Construction Agreement for Professional Building Elevator Machine Room Modernization
FY2024-2025
Page 3 of 16
work or uncovering or taking down portions of the finished work. Any inspection and
testing performed by the City and its agents is for the sole benefit of the City and shall not
relieve the Contractor of its duty, responsibility, and obligation to ensure that the work
strictly complies with the Agreement terms and conditions and all applicable laws and
building and safety codes. City’s inspection and testing shall not be deemed or considered
acceptance by the City of any portion of the Construction Project. City’s inspection and
testing shall not serve to nullify, amend, or waive any warranties provided by the
Contractor under this Agreement.
b. Contractor shall, without charge, replace any material or correct any work
found by the City or its agents to be defective or otherwise not in compliance with the terms
and conditions of this Agreement. In the event Contractor fails to replace or correct any
defective work or materials after reasonable written notice by the City to do so, the City
may take such corrective action, either with its own materials and employees or by
retaining any third party to do so, and deduct the cost and expense of such corrective action
from the Contractor’s compensation.
7. Partial Utilization of Construction Project: City shall have the right to use or
occupy any portion of the Construction Project that City and Contractor mutually agree is
substantially completed and constitutes a separately functioning and usable part of the
Construction Project for its intended purpose without significant interference with Contractor’s
performance of the remaining portions of the Construction Project. In the event City takes
possession of any portion of the Construction Project, such possession shall not be deemed an
acceptance of the Construction Project, in whole or in part. City’s use of any portion of the
Construction Project shall not be grounds for extensions of any construction deadlines or a change
in the Contractor’s compensation. Contractor’s warranties shall run from the completion of the
total Construction Project and not from the date the City may take possession of selected portions
of the Construction Project.
8. Related Work at the Site: Nothing in this Agreement shall prevent or preclude
City, through its own employees or by contract with any third party, from performing other work
related to the Construction Project at the construction site; provided such related work is not
otherwise addressed in this Agreement and provided such related work does not otherwise interfere
with Contractor’s performance of this Agreement or the completion of the Construction Project.
Contractor shall afford any City employee, agent or representative, or any third party under
contract with the City to perform the related work, proper and safe access to the construction site,
a reasonable opportunity for the introduction and storage of materials and equipment, the
opportunity to perform the related work, and shall properly coordinate the Contractor’s work on
the Construction Project with the related work.
9. Contractor’s Warranties: Contractor represents and warrants as follows:
a. Unless otherwise specified by the terms of this Agreement, all materials and
equipment used by Contractor on the Construction Project shall be new and where not
otherwise specified, of the most suitable grade for their intended uses.
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FY2024-2025
Page 4 of 16
b. All workmanship and materials shall be of a kind and nature acceptable to
the City.
c. All equipment, materials, and labor provided to, on, or for the Construction
Project must be free of defects and nonconformities in design, materials, and workmanship
for a minimum period beginning with the commencement of the work on the Construction
Project and ending one (1) year from the final completion and acceptance by the City of
the Construction Project, regardless of whether such equipment, materials, or labor were
supplied directly by Contractor or indirectly by Contractor’s subcontractors or suppliers.
Other express warranties on materials that provide for a warranty period longer than one
year apply for the period of that express warranty and are not reduced by this provision.
Upon receipt of City’s written notice of a defective or nonconforming condition during the
warranty period, Contractor shall take all actions, including redesign and replacement, to
correct the defective or nonconforming condition within a time frame acceptable to the
City and at no additional cost to the City. Contractor shall also, at its sole cost, perform
any tests required by City to verify that such defective or nonconforming condition has
been corrected. Contractor warrants the corrective action taken against defective and
nonconforming conditions for a period of an additional one (1) year from the date of City’s
acceptance of the corrective action.
d. Contractor and its sureties are liable for the satisfaction and full
performance of all warranties.
e. Contractor shall give its personal attention to the faithful prosecution of the
completion of the Construction Project and Contractor, or its duly authorized representative
assigned to serve as the Construction Project Manager, shall be personally present at the
site of the Construction Project during working hours for the term of this Agreement until
the completion of the Construction Project.
f. Contractor shall have a complete, accurate, and up-to-date set of
construction plans, drawings, and specifications on site at all times.
g. Contractor has examined all available records and made field examinations
of the site of the Construction Project. Contractor has knowledge of the field conditions to
be encountered during the Construction Project. Contractor has knowledge of the types
and character of equipment necessary for the work, the types of materials needed and the
sources of such materials, and the condition of the local labor market.
h. Contractor is responsible for the safety of the work and shall maintain all
lights, guards, signs, temporary passages, or other protections necessary for that purpose at
all times.
i. All work must be performed at Contractor’s risk, and Contractor shall
promptly repair or replace all damage and loss at its sole cost and expense regardless of the
reason or cause of the damage or loss; provided, however, should the damage or loss be
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Construction Agreement for Professional Building Elevator Machine Room Modernization
FY2024-2025
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caused by an intentional or negligent act of the City, the risk of such loss shall be placed
on the City.
j. Contractor is responsible for any loss or damage to materials, tools, or other
articles used or held for use in the completion of performance of the Construction Project.
k. Contractor’s performance must be without damage or disruption to any
other work or property of the City or of others and without interference with the operation
of existing machinery or equipment.
l. Title to all work, materials, and equipment covered by any payment of
Contractor’s compensation by City, whether directly incorporated into the Construction
Project or not, passes to City at the time of payment, free and clear of all liens and
encumbrances.
10. Delays and Extensions of Time: If Contractor’s performance of this Agreement
is prevented or delayed by any unforeseen cause beyond the control of the Contractor, including
acts or omissions of the City, Contractor shall, within ten (10) days of the commencement of any
such delay, give the City written notice thereof. Further, Contractor shall, within ten (10) days of
the termination of such delay, give the City written notice of the total actual duration of the delay.
If the City is provided with these required notices and if the City determines that the cause of the
delay was not foreseeable, was beyond the control of the Contractor, and was not a result of the
fault or negligence of the Contractor, then the City will determine the total duration of the delay
and extend the time for performance of the Agreement accordingly. Unless the delay is caused by
the intentional interference of the City with the Contractor’s performance, Contractor shall make
no claim for damages or any other claim other than for an extension of time as herein provided by
reason of any delays.
11. Suspension:
a. The City may, by written notice to the Contractor and at its convenience for
any reason, suspend the performance of all or any portion of the work to be performed on
the Construction Project (“Notice of Suspension”). The Notice of Suspension shall set
forth the time of suspension, if then known to the City. During the period of suspension,
Contractor shall use its best efforts to minimize costs associated with the suspension.
b. Upon Contractor’s receipt of any Notice of Suspension, unless the notice
requires otherwise, Contractor shall: (1) immediately discontinue work on the date and to
the extent specified in the Notice of Suspension; (2) place no further orders or subcontracts
for materials, services, or equipment; (3) promptly make every reasonable effort to obtain
suspension upon terms satisfactory to City of all orders, subcontracts, and rental
agreements to the extent that they relate to the performance of the work suspended; and (4)
continue to protect and maintain the Project, including those portions on which work has
been suspended.
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c. As compensation for the suspended work, Contractor will be reimbursed for
the following costs, reasonably incurred, without duplication of any item, and to the extent
that such costs directly resulted from the suspension: (1) a standby charge paid during the
period of suspension which will be sufficient to compensate Contractor for keeping, to the
extent required in the Notice of Suspension, Contractor’s organization and equipment
committed to the Project in standby status; (2) all reasonably incurred costs for the
demobilization of Contractor’s and subcontractor’s crews and equipment; (3) an equitable
amount to reimburse Contractor for the cost to protect and maintain the Project during the
period of suspension; and (4) an equitable adjustment in the cost of performing the
remaining portion of the work post-suspension if, as a direct result of the suspension, the
cost to Contractor of subsequently performing the remaining work on the Construction
Project has increased or decreased.
d. Upon receipt of written notice by the City to resume the suspended work
(“Notice to Resume Work”), Contractor shall immediately resume performance of the
suspended work as to the extent required in the Notice to Resume Work. Any claim by
Contractor for time or compensation described in Section 11(c) shall be made within fifteen
(15) days after receipt of the Notice to Resume Work and Contractor shall submit a revised
Construction Schedule for the City’s review and approval. Contractor’s failure to timely
make such a claim shall result in a waiver of the claim.
e. No compensation described in Section 11(c) shall be paid and no extension
of time to complete the Construction Project shall be granted if the suspension results from
Contractor’s non-compliance with or breach of the terms or requirements of this
Agreement.
12. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or
fails to perform any of its obligations under this Agreement, or otherwise breaches any
terms or conditions of this Agreement, the City may, by written notice, terminate this
Agreement and the Contractor’s right to proceed with all or any part of the Construction
Project (“Termination Notice Due to Contractor’s Fault”). The City may then take over
the Construction Project and complete it, either with its own resources or by re-letting the
contract to any other third party, and may immediately take possession of and use such
materials, appliances, tools, and equipment as may be on the site and which may be
necessary for the completion of the Construction Project.
b. In the event of a termination pursuant to this Section 12, Contractor shall be
entitled to payment only for those services Contractor actually rendered. In the case of a
lump sum or unit price contract, Contractor shall not be entitled to any further payment
until the Construction Project has been completed. Upon completion of the Construction
Project, if the unpaid balance of the Contractor’s compensation exceeds the cost to the City
of completing the work, including all costs paid to any subcontractors or third parties
retained by the City to complete the Construction Project and all administrative costs
resulting from the termination (“City’s Cost for Completion”), such excess shall be paid to
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the Contractor. If the City’s Cost for Completion exceeds the unpaid balance of the
Contractor’s compensation, then Contractor and its sureties shall be liable for and shall pay
the difference, plus interest at the rate applicable to court judgments, to the City.
c. Any termination provided for by this Section 12 shall be in addition to any
other remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 12, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
13. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease work on the Construction Project, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for
City’s Convenience”). The termination shall be effective in the manner specified in the
Notice of Termination for City’s Convenience and shall be without prejudice to any claims
that the City may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease work on the
Construction Project, discontinue placing orders for materials, supplies, and equipment for
the Construction Project, and make every reasonable effort to cancel all existing orders or
contracts upon terms satisfactory to the City. Contractor shall do only such work as may
be necessary to preserve, protect, and maintain work already completed, in progress, or in
transit to the construction site.
c. In the event of a termination pursuant to this Section 13, Contractor is
entitled to payment only for those services Contractor actually rendered and materials
actually purchased or which Contractor has made obligations to purchase on or before the
receipt of the Notice of Termination for City’s Convenience, and reasonably incurred costs
for demobilization of Contractor’s and any subcontractor’s crews. It is agreed that any
materials that City is obligated to purchase from Contractor will remain the City’s sole
property.
d. The compensation described in Section 13(c) is the sole compensation due
to Contractor for its performance of this Agreement. Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
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14. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within ten (10) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
15. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be Max Ziegler, Facilities Assistant Superintendent, or such other
individual as City shall designate in writing. Whenever approval or authorization from or
communication or submission to City is required by this Agreement, such communication
or submission shall be directed to the City’s Representative and approvals or authorizations
shall be issued only by such Representative; provided, however, that in exigent
circumstances when City’s Representative is not available, Contractor may direct its
communication or submission to other designated City personnel or agents and may receive
approvals or authorization from such persons.
b. Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be Jake Berger, Project Manager, 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.
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16. Locating Underground Facilities: Contractor shall be responsible for obtaining
and determining the location of any underground facilities, including but not limited to, the
location of any pipelines or utility supply, delivery, or service lines in accordance with the
provisions of §69-4-501, et seq., Montana Code Annotated (MCA). Contractor shall make every
effort to avoid damage to underground facilities and shall be solely responsible for any damage
that may occur. If City personnel assume responsibility for locating any underground facilities,
this fact shall be noted in writing prior to commencement of such location work.
17. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of
Bozeman business license, and inspections from applicable governmental authorities, pay all fees
and charges in connection therewith, and perform all surveys and locations necessary for the timely
completion of the Construction Project.
18. Ownership of Documents; Indemnification: All plans, designs, drawings,
specifications, documents, sample results and data, in whatever medium or format, originated or
prepared by or for Contractor in contemplation of, or in the course of, or as a result of this
Agreement or work on the Construction Project, shall be promptly furnished to the City (“City
Documents and Information”). All City Documents and Information shall be the exclusive
property of the City and shall be deemed to be works-for-hire. Contractor hereby assigns all right,
title, and interest in and to the City Documents and Information, including but not limited to, all
copyright and patent rights in and to the City Documents and Information. Neither party grants to
the other any express or implied licenses under any patents, copyrights, trademarks, or other
intellectual property rights, except to the extent necessary to complete its obligations to the other
under this Agreement.
19. Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and
disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules,
codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City,
County, and State building and electrical codes, the Americans with Disabilities Act, and all non-
discrimination, affirmative action, and utilization of minority and small business statutes and
regulations.
20. Nondiscrimination and Equal Pay: 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 require an age, physical or mental disability, marital status or sex distinction. The
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Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section
140, Title 2, United States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with
the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal
Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that
Contractor has been found guilty of within 60 days of such finding for violations occurring during
the term of this Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing
services under this Agreement.
21. Intoxicants; DOT Drug and Alcohol Regulations: Contractor shall not permit or
suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, upon the site
of the Construction Project. Contractor acknowledges it is aware of and shall comply with its
responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations
governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the
right to request proof of such compliance and Contractor shall be obligated to furnish such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
22. Labor Relations:
a. In the event that, during the term of this Agreement and throughout the
course of Contractor’s performance of the Construction Project, any labor problems or
disputes of any type arise or materialize which in turn cause any work on the Construction
Project to cease for any period of time, Contractor specifically agrees to take immediate
steps, at its own expense and without expectation of reimbursement from City, to alleviate
or resolve all such labor problems or disputes. The specific steps Contractor shall take to
resume work on the Construction Project shall be left to the discretion of Contractor;
provided, however, that Contractor shall bear all costs of any related legal action.
Contractor shall provide immediate relief to the City so as to permit the work on the
Construction Project to resume and be completed within the time frames set forth in the
Construction Schedule at no additional cost to City.
b. Contractor shall indemnify, defend, and hold the City harmless from any
and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting
from, or occurring in connection with any labor problems or disputes or any delays or
stoppages of work associated with such problems or disputes.
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23. Subcontractors:
a. Contractor may employ subcontractors for any work on the Construction
Project. Contractor shall provide City with a list of all subcontractors employed.
b. Contractor remains fully responsible for the acts and omissions of any
subcontractor, just as Contractor is for its own acts and omissions, and Contractor shall
remain fully responsible and liable for the timely completion of the Construction Project.
c. Contractor is solely liable for any and all payments to subcontractors.
Contractor shall hold all payments received from the City in trust for the benefit of
subcontractors, and all such payments shall be used to satisfy obligations of the
Construction Project before being used for any other purpose. Contractor shall make any
payments due to any subcontractor within seven (7) days of Contractor’s receipt of
payment, including a proportional part of the retainage Contractor has received from the
City. In the event of a dispute regarding any subcontractor’s invoice, Contractor shall
promptly pay the undisputed amount to the subcontractor and notify the subcontractor in
writing of the amount in dispute and the reasons for the dispute. Any withholding of
payment must comply with the requirements of §28-2-2103, MCA. In the event Contractor
is unwilling or unable to make timely and proper payment to any subcontractor, City may
elect to withhold any payment otherwise due to Contractor and upon seven (7) days’
written notice to Contractor, may pay subcontractor by direct or joint payment.
24. Indebtedness and Liens: Before City may make any final payment to Contractor,
Contractor shall furnish City with satisfactory proof that there are no outstanding debts or liens in
connection with the Construction Project. If the Contractor allows any indebtedness to accrue to
subcontractors or others during the progress of the work, and fails to pay or discharge the same
within five (5) days after demand, then City may either withhold any money due to Contractor
until such indebtedness is paid or apply the same towards the discharge of the indebtedness. If
any lien or claim is filed or made by any subcontractor, material supplier, or any other person, the
Contractor shall immediately notify the City and shall cause the same to be discharged of record
within thirty (30) days after its filing.
25. Hazard Communication: Contractor shall comply with all hazard communication
requirements dictated by the Environmental Protection Agency, the Montana Department of
Agriculture, OSHA, Hazard Communications Standard, 29 CFR 1910.1200, and applicable City
ordinances. Contractor shall supply a chemical list, the associated material safety data sheets
(MSDS), and other pertinent health exposure data for chemicals that the Contractor’s,
subcontractor’s or the City’s employees may be exposed to while working on City property during
the course of the Construction Project. One copy of this documentation must be delivered to City
to the attention of the City’s Representative. This documentation must be delivered before work
involving these chemicals may commence.
26. Accounts and Records: During the term of this Agreement and for two (2) years
following the City’s final acceptance of the Construction Project, Contractor shall maintain
accounts and records related to the Construction Project. Upon reasonable notice, City shall have
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the right to inspect all such accounts and records, including but not limited to, Contractor’s records,
books, correspondence, instructions, drawings, specifications, field and site notes, receipts,
invoices, bills, contracts, or other documents relating to the Construction Project.
27. Indemnification; Insurance; Bonds:
a. Contractor agrees to release, defend, indemnify, and hold harmless the City,
its agents, representatives, employees, and officers (collectively referred to for purposes of
this Section as the City) from and against any and all claims, demands, actions, fees and
costs (including attorney’s fees and the costs and fees of and expert witness and
consultants), losses, expenses, liabilities (including liability where activity is inherently or
intrinsically dangerous) or damages of whatever kind or nature connected therewith and
without limit and without regard to the cause or causes thereof or the negligence of any
party or parties that may be asserted against, recovered from or suffered by the City
occasioned by, growing or arising out of or resulting from or in any way related to: (i) the
negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent,
reckless, or intentional misconduct of any of the Contractor’s agents.
b. Such obligations shall not be construed to negate, abridge, or reduce other
rights or obligations of indemnity that would otherwise exist. The indemnification
obligations of this Section must not be construed to negate, abridge, or reduce any
common-law or statutory rights of the indemnitee(s) which would otherwise exist as to
such indemnitee(s).
c. Contractor’s indemnity under this Section shall be without regard to and
without any right to contribution from any insurance maintained by City.
d. Should the City be required to bring an action against the Contractor to
assert its right to defense or indemnification under this Agreement or under the
Contractor’s applicable insurance policies required below the City shall be entitled to
recover reasonable costs and attorney fees incurred in asserting its right to indemnification
or defense but only if a court of competent jurisdiction determines the Contractor was
obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or
any portion(s) thereof.
e. In the event of an action filed against the City resulting from the City’s
performance under this Agreement, the City may elect to represent itself and incur all costs
and expenses of suit.
f. Contractor also waives any and all claims and recourse against the City,
including the right of contribution for loss or damage to person or property arising from,
growing out of, or in any way connected with or incident to the performance of this
Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or
property of another, or for violation of law, whether willful or negligent” as per 28-2-702,
MCA.
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g. These obligations shall survive termination of this Agreement and the
services performed hereunder.
h. In addition to and independent from the above, Contractor shall at
Contractor’s expense secure insurance coverage through an insurance company or
companies duly licensed and authorized to conduct insurance business in Montana which
insures the liabilities and obligations specifically assumed by the Contractor in this Section.
The insurance coverage shall not contain any exclusion for liabilities specifically assumed
by the Contractor in subsection (a) of this Section. The insurance shall cover and apply to
all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed
against, recovered from, or suffered by the City without limit and without regard to the
cause therefore and which is acceptable to the City. Contractor shall furnish to the City an
accompanying certificate of insurance and accompanying endorsements in amounts not
less than as shown below:
• Workers’ Compensation – not less than statutory limits;
• Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
• Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
• Products and Completed Operations – $1,000,000;
• Automobile Liability - $1,000,000 property damage/bodily injury; $2,000,000
annual aggregate (all owned, hired, non-owned vehicles);
• Builder’s Risk/Property Insurance at least as broad as that provided by the ISO
special causes of loss form (CP10 30) naming at a minimum the City in an
amount equal to greater of Contractor’s compensation or full replacement value of
the work (covering at a minimum all work, buildings, materials and equipment,
whether on site or in transit, loss due to fire, lightening, theft, vandalism,
malicious mischief, earthquake, collapse, debris removal, demolition occasioned
by enforcement of laws, water damage, flood if site within a flood plain, repair or
replacement costs, testing and start-up costs) on an all risk coverage basis. This
insurance must include waivers of subrogation between the City and Contractor to
the extent that damage to the Construction Project or City Hall is covered by other
insurance;
• Owner’s and Contractor’s Protective Liability: one policy designating the City
(including its agents, representatives, employees, and officers) as the insured and
another independent policy designated the City’s Representative (including its
consultants, consultants, agents and employees) as the insured on the declarations
with both policies covering: (i) operations performed by the Contractor under this
Agreement for the City; and (ii) the City’s and City’s Representatives acts or
omissions, including negligent acts, in connection with its general supervision of
the work of the Contractor’s and its subcontractors - $1,000,000 per occurrence;
$2,000,000 aggregate;
• Contractual Liability Insurance (covering the Contractor’s indemnity
obligations described in this Agreement) - $1,000,000 per occurrence $2,000,000
aggregate
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The amounts of insurance provided shall be exclusive of defense costs. The City of
Bozeman shall be endorsed as an additional or named insured on a primary non-
contributory basis on both the Commercial General and Automobile Liability policies. The
insurance and required endorsements must be in a form suitable to City and shall include
no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify
City within two (2) business days of Contractor’s receipt of notice that any required
insurance coverage will be terminated or Contractor’s decision to terminate any required
insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the
Contractor commencing work.
• The Contractor shall furnish a Performance Bond and a Payment Bond in favor of the
City each in an amount equal to one-hundred Percent (100%) of the Agreement amount.
28. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings. Contractor understands that all contractors or subcontractors
working on a publicly funded project are required to pay or have withheld from earnings a license
fee of one percent (1%) of the gross contract price if the gross contract price is Five Thousand
Dollars ($5,000) or more. This license fee is paid to the Montana Department of Revenue.
29. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to
assist in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from
the date the dispute was first raised, then such dispute shall be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this
Agreement.
30. Survival: Contractor’s indemnification and warranty obligations shall survive the
termination or expiration of this Agreement for the maximum period allowed under applicable
law.
31. Headings: The headings used in this Agreement are for convenience only and are
not be construed as a part of the Agreement or as a limitation on the scope of the particular
paragraphs to which they refer.
32. Waiver: A waiver by City of any default or breach by Contractor of any covenants,
terms, or conditions of this Agreement does not limit City’s right to enforce such covenants, terms,
or conditions or to pursue City’s rights in the event of any subsequent default or breach.
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33. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
34. Severability: If any portion of this Agreement is held to be void or unenforceable,
the balance thereof shall continue in effect.
35. Applicable Law: The parties agree that this Agreement is governed in all respects
by the laws of the State of Montana.
36. Binding Effect: This Agreement is binding upon and inures to the benefit of the
heirs, legal representatives, successors, and assigns of the parties.
37. Amendments: This Agreement may not be modified, amended, or changed in any
respect except by a written document signed by all parties.
38. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
38. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
39. Assignment: Contractor may not assign this Agreement in whole or in part without
the prior written consent of the City. No assignment will relieve Contractor of its responsibility
for the performance of the Agreement and the completion of the Construction Project. Contractor
may not assign to any third party other than Contractor’s subcontractors on the Construction
Project, the right to receive monies due from City without the prior written consent of City.
40. Authority: Each party represents that it has full power and authority to enter into
and perform this Agreement and the person signing this Agreement on behalf of each party has
been properly authorized and empowered to sign this Agreement.
41. Independent Contractor: The parties agree and acknowledge that in the
performance of this Agreement and the completion of the Construction Project, Contractor shall
render services as an independent contractor and not as the agent, representative, subcontractor, or
employee of the City. The parties further agree that all individuals and companies retained by
Contractor at all times will be considered the agents, employees, or independent contractors of
Contractor and at no time will they be the employees, agents, or representatives of the City.
42. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained therein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties
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other than as set forth in this Agreement. All communications, either verbal or written, made prior
to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part
of this Agreement by reference.
43. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, Contractor and City have caused this Agreement to be
executed, effective on the date written above, and intend to be legally bound thereby.
CITY OF BOZEMAN, MONTANA CONTRACTOR
By: _______________________________ By:
Jeff Mihelich, City Manager
Print Name:
Title:
APPROVED AS TO FORM:
By: _______________________________
Greg Sullivan, City Attorney
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EXHIBIT A
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Elevator Modernization Project – Stiff Professional Building
The City of Bozeman will be modernizing the elevator in the Stiff Professional Building at 20 E Olive St.
Otis Elevator Co. will be retrofitting the existing elevator to bring it up to modern standards. With this
project, there are several improvements to the machine room and elevator hoistway needed to bring
the system up to code which are outside the scope of Otis Elevators contract.
We are looking for a general contractor to undertake those improvements, which are summarized
below.
Carpentry:
- Install 7’6” drop ceiling in machine room below pipes to meet fire rating requirement – fire
rated access hatches to any plumbing controls
- Remove all flammable sound dampening from machine room
- Install second layer of sheetrock in machine room, patch and seal all penetrations to meet fire
rating requirement
- Inside hoistway, install 75 degree angle on top of horizontal surfaces (ledge at second floor)
- Install new machine room door and jamb – fire rated same as machine room with auto close and
spring lock
- Patch holes in concrete block in hoistway, maintaining hoistway fire rating
- sheetrock gaps between elevator door jambs and walls inside hoistway
Plumbing:
- Sump Pump designed for elevators with oil separator pinned to floor of bottom of hoistway
discharged to sanitary sewer
Electrical:
- Machine room thermostatic fire rated exhaust fan for temperature control requirement vented
to hoistway and a fire rated passive air intake. Fan should have ~135cfm capacity.
- Relocate existing light in machine room for drop ceiling, increase overall lighting
- Replace elevator main power disconnect with shunt trip
- Re-route conduit to elevator machinery
- Replace electrical conduit in pit to be either 4’ above bottom of pit or watertight
- 110v in machine room – overload protection in room- elevator code 620
- Replace outlet in pit with GFCI
- Install outlet for sump pump connection.
Fire Suppression Systems:
- Relocate smoke/heat detectors at top of shaft to next to sprinkler
- Relocate smoke/heat detectors in machine room after hard lid installed
- Relocate machine room sprinkler heads through new drop ceiling
- Smoke/heat at bottom of shaft not needed
- Shunt trip breaker fire protection interconnect as required by code
78
Memorandum
REPORT TO:City Commission
FROM:Ellie Staley, Executive Director Downtown Bozeman Partnership
SUBJECT:Authorize the City Manager to Sign Professional Services Agreement with
Greenspace Landscaping, Inc. for Downtown Tree Replacements
MEETING DATE:May 14, 2024
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign an Addendum to the Professional
Services Agreement with between Downtown Urban Renewal District and
Greenspace Landscaping, Inc. for stump removal and tree replacement for
three tree locations in Downtown Bozeman.
STRATEGIC PLAN:4.4 Vibrant Downtown, Districts & Centers: Promote a healthy, vibrant
Downtown, Midtown, and other commercial districts and neighborhood
centers – including higher densities and intensification of use in these key
areas.
BACKGROUND:
The Downtown Bozeman Partnership is seeking professional services to
remove and replace three tree stumps in the downtown core district.
Between 2019 and 2022, thirteen dead trees along Main Street were cut
with intention to remove and replace stumps within the following year.
Covid and staffing issues extended the original completion and have required
for added support to the City Forestry Department from the Downtown
Bozeman Partnership in order to complete the needed work within a
reasonable timeline. The project is in accordance with the 2019 Downtown
Bozeman Improvement Plan.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the Commission.
FISCAL EFFECTS:This downtown tree replacement is estimated to be $7,900.
Attachments:
PSA_Tree Project_Greenspace2024.pdf
Est_3299_from_Greenspace_Landscaping_Inc._13420.pdf
Report compiled on: April 24, 2024
79
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this ___ day of ______, 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, Greenspace Landscaping, Inc., hereinafter referred to as
“Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as
“Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit A and by this reference made
a part hereof.
2. Term/Effective Date: This Agreement is effective upon the Effective Date and will
expire on the _1st_ day of _September_, 2024, unless earlier terminated in accordance with this
Agreement.
3. Scope of Services: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services. For conflicts between this Agreement and
the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4. Payment: City agrees to pay Contractor $7,900.00. 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
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steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that
Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief
to the City so as to permit the services to continue at no additional cost to City.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
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policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right of
contribution for loss or damage to person or property arising from, growing out of, or in any way
connected with or incident to the performance of this Agreement except “responsibility for [City’s]
own fraud, for willful injury to the person or property of another, or for violation of law, whether
willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
• Workers’ Compensation – statutory;
• Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
• Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
• Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
• Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
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The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on the Commercial General,
Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements
must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation
or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of
notice that any required insurance coverage will be terminated or Contractor’s decision to terminate
any required insurance coverage for any reason.
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
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Termination for City’s Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
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.
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11. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be Ellie Staley, Executive Director of the Downtown Bozeman Partnership
or such other individual as City shall designate in writing. Whenever approval or
authorization from or communication or submission to City is required by this Agreement,
such communication or submission shall be directed to the City’s Representative and
approvals or authorizations shall be issued only by such Representative; provided, however,
that in exigent circumstances when City’s Representative is not available, Contractor may
direct its communication or submission to other designated City personnel or agents as
designated by the City in writing and may receive approvals or authorization from such
persons.
b. Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be Bill Halpin 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.
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13 Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
not refuse employment to a person, bar a person from employment, or discriminate against a person
in compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity, physical or mental disability, except when the reasonable demands of the position
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
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such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
16. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
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.
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21. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist
in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable, the
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
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agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
30. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA ____________________________________
CONTRACTOR (Greenspace Landscaping)
By________________________________ By__________________________________
Chuck Winn, Interim City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
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EXHIBIT A
PROJECT OVERVIEW:
The Downtown Bozeman Partnership is seeking professional services to remove and replace three
tree stumps in the downtown core district. Between 2019 and 2022, thirteen dead trees along
Main Street were cut with intention to remove and replace stumps within the following year.
Covid and staffing issues extended the original completion and have required for added support to
the City Forestry Department from the Downtown Bozeman Partnership in order to complete the
needed work within a reasonable timeline. The project is in accordance with the 2019 Downtown
Bozeman Improvement Plan.
SCOPE OF SERVICES:
1. Contractor agrees to stump removal, planting and installing three trees, at the following
locations:
A. 108 W Main Street/N Willson, near Chalet Sports
B. 122 W Main Street, near The Lark
C. 44 E Main Street, near the Community Food Co-op
2. Contractor shall select tree species and cultivars from only the following:
o Alder (Alnus spp.) – single-trunk, tree form only
o Amur cherry (Prunus maackii)
o Elms (Ulmus spp.) – ‘Brandon’ and ‘Accolade’ cultivars prohibited
o Hackberry (Celtis occidentalis)
o Hawthorn (Crataegus spp.) – thornless cultivars only
o Japanese tree lilac (Syringa reticulata)
o Kentucky coffeetree (Gymnocladus dioicus) – male cultivars only
o Kentucky yellowwood (Cladrastis kentuckea)
o Lindens (Tilia spp.) – ‘Harvest Gold’ cultivar only
o Red Maple (Acer rubrum) – ‘Northwood’ cultivar only
o Norway Maple (Acer platanoides)
3. Trees planted not to exceed more than three (3) individuals from any one species or
cultivar.
4. Only balled-and-burlapped trees or container-grown trees will be accepted; not to exceed
2.0” caliper.
5. Trees planted to include 3-4” layer of wood chip mulch.
6. Trees planted within tree pits shall include installation of ADA-compliant, cast-iron grates
and trunk guards. Additional grates and guards will be supplied by the Forestry Division.
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7. All tree pits shall be excavated to a minimum depth of 24 inches and backfilled with 50%
native backfill soil and 50% compost/topsoil mix.
8. Contractor shall be responsible for removal of any remaining stumps, to a minimum depth
of twenty-four (24) inches.
9. Contractor shall adhere to ANSI Z133 for Arboricultural Operations – Safety Operations.
10. Contractor is required to implement a traffic control plan during construction.
11. Contractor shall remove and replace the existing electrical outlets, conduit and wiring as
required.
12. Contractor should document any presence of irrigation.
13. Contractor shall adhere to MUTCD standards for work within public rights of way.
14. Contractor shall clean the work site and remove any debris after completing work,
including the removal of branches, twigs and chips (Sec.16.05.360).
15. The proposed work areas of this contract are within the East Main Street right-of-way,
which is a state highway, owned and maintained by the department of transportation. The
contractor shall be responsible for contacting the Montana Department of Transportation
prior to beginning work and obtaining any permits and authorizations required by this
department to complete the proposed work.
SITE PREP NEEDED:
• Excavate existing soil to a depth of 2’; decompact and backfill with mix of existing soil +
amended topsoil
• All tree pits shall be excavated to a minimum depth of 24 inches and backfilled with 50%
native backfill soil and 50% compost/topsoil mix.
• Contractor shall be responsible for removal of any remaining stumps, to a minimum depth
of twenty-four (24) inches.
MISC:
• Spacing/locations may be impacted by underground utility locates
• Additional coordination may be required with City of Bozeman Engineering, City
Community Development, NorthWestern Energy and adjacent property owners for two of
the trees with current conduit located at the base.
o Alex Norquest, City Forester – 406-582-3225, anordquest@bozeman.net
o Kellen Gamradt, City Engineer – 406-582-2283, kgamradt@bozeman.net
o Building Department Inspections – 406-582-2375
• Conflicting utility concerns may be reduced by planting smaller-growing tree species
DATES:
All work must be completed between May 1, 2024 and September 1, 2024. Once work begins,
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completion must be within 60 days.
TOTAL ESTIMATED PROJECT COST - $7,900, additional labor cost based on coordination time for
electrical needs.
94
Estimate
DATE
4/19/2024
NAME / ADDRESS
Downtown Tax Increment Finance Board
222 E. Main St. #302
Bozeman, MT 59715
Greenspace Landscaping, Inc.
Bozeman, MT 59715
(406) 586-3750
DESCRIPTION QTY TOTALCOST
Landscape- Tree Stump Removal and Replacement COOP, LARK, CHALET SPORTS
Landscape Labor Includes: City Trees COOP, LARK, CHALET SPORTS
Removal of Existing Tree Grates and Guards.
Excavate around Existing stumps for stump grinder access and work.
Excavate around remaining stumps and Chainsaw and manually chop out all remaining tree
stump and root material.
Find existing irrigation lines if present and evaluate existing condition and report to Ellie and
City?
Install new composted topsoil and bring to grade/
Water in new topsoil compost mix prior to planting to remove future settling.
Install new tree as per City requirements.
Re-Install tree grates and guards.
Daily Cleanup.
Management.
1 7,900.007,900.00
NOTES:
Chalet Sports and COOP stum removal will take a lot of time to remove existing stumps.
COOP stump would have been much easier if City Forester did not stump existing tree last
week!!! This made this job much more labor intensive and time consuming!
This work should be done ASAP before Summer traffic is at peak!
Greenspace can perform this work the week of April 22nd.
$7,900.00
95
Memorandum
REPORT TO:City Commission
FROM:Jessica Ahlstrom, Water Conservation Program Manager
Shawn Kohtz, Director of Utilities
SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with
Gradient Landscapes LLC. for the Installation of a Drought Tolerant
Demonstration Garden at the Stiff Professional Building
MEETING DATE:May 14, 2024
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign a Professional Services Agreement with
Gradient Landscapes LLC. for the Installation of a Drought Tolerant
Demonstration Garden at the Stiff Professional Building.
STRATEGIC PLAN:6.1 Clean Water Supplies: Ensure adequate supplies of clean water for today
and tomorrow.
BACKGROUND:The core objective of the City’s water conservation program is to educate
and empower residents to use water efficiently. With nearly 50% of annual
residential water use going into lawns and landscapes, demonstrating the
many benefits of drought tolerant landscapes can inspire residents to
retrofit their landscapes into drought resilient spaces that save water and
offer additional benefits. These benefits include but are not limited to
providing wildlife habitat, supporting pollinators, reducing stormwater
runoff, reducing the use of pesticides and fertilizers, increasing plant
diversity, improving watershed health, and reducing maintenance.
On June 28th, 2022 the City Commission adopted a budget amendment of
$15,000 to support the installation of three drought tolerant demonstration
gardens. After encountering challenges in identifying three separate public
locations for the installation of three gardens and soliciting bids to complete
the work for one garden, it was decided that the $15,000 be used to support
the installation of one garden at the Stiff Professional Building which is a
publicly accessible city facility located on a relatively high-traffic street
corner - maximizing exposure to the public.
The demonstration garden design features only native drought tolerant
plants, making this a unique garden when compared to other demonstration
gardens in the community. The garden will be installed in place of existing
irrigated turfgrass; the existing overhead spray irrigation will be converted to
drip irrigation making this an excellent example of how homeowners can
96
follow suit in their own yards. Staff will document the process and provide
that information as a resource to residents interested in removing turf,
converting to efficient drip irrigation, and installing drought tolerant plants.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the Commission.
FISCAL EFFECTS:Total project cost is $21,677.00 and will be paid for out of the Water
Conservation Division professional services fund.
Attachments:
PSA_Gradient Landscapes_Stiff Pro Building Demo
Garden.pdf
Exhibit A_Stiff Professional Building Demo Garden_FINAL.pdf
Report compiled on: April 25, 2024
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 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, Gradient Landscape, LLC, 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 unless
earlier terminated in accordance with this Agreement.
3. Scope of Services: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services. For conflicts between this Agreement and
the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4. Payment: City agrees to pay Contractor the amount specified in the Scope of
Services. Any alteration or deviation from the described services that involves additional costs above
the Agreement amount will be performed by Contractor after written request by the City, and will
become an additional charge over and above the amount listed in the Scope of Services. The City
must agree in writing upon any additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
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and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific
steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that
Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief
to the City so as to permit the services to continue at no additional cost to City.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
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connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right of
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contribution for loss or damage to person or property arising from, growing out of, or in any way
connected with or incident to the performance of this Agreement except “responsibility for [City’s]
own fraud, for willful injury to the person or property of another, or for violation of law, whether
willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
• Workers’ Compensation – statutory;
• Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
• Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
• Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
• Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on the Commercial General,
Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements
must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation
or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of
notice that any required insurance coverage will be terminated or Contractor’s decision to terminate
any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
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8. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
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
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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 Jessica Ahlstrom, Water Conservation Program Manager, or such other
individual as City shall designate in writing. Whenever approval or authorization from or
communication or submission to City is required by this Agreement, such communication or
submission shall be directed to the City’s Representative and approvals or authorizations shall
be issued only by such Representative; provided, however, that in exigent circumstances when
City’s Representative is not available, Contractor may direct its communication or submission
to other designated City personnel or agents as designated by the City in writing and may
receive approvals or authorization from such persons.
b. Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be Tyler O’Leary, Managing Member, Gradient Landscapes,
LLC., 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
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communication shall be directed to Contractor’s Representative; provided, however, that in
exigent circumstances when Contractor’s Representative is not available, City may direct its
direction or communication to other designated Contractor personnel or agents.
c. Notices: All notices required by this Agreement shall be in writing and
shall be provided to the Representatives named in this Section. Notices shall be deemed given
when delivered, if delivered by courier to Party’s address shown above during normal business
hours of the recipient; or when sent, if sent by email or fax (with a successful transmission
report) to the email address or fax number provided by the Party’s Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
13. Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
not refuse employment to a person, bar a person from employment, or discriminate against a person
in compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity, physical or mental disability, except when the reasonable demands of the position
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).
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Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
16. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
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
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or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist
in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable, the
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.
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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.
31.Extensions: this Agreement may, upon mutual agreement, be extended for a period
of one year by written agreement of the Parties. In no case, however, may this Agreement run longer
than three years.
**** 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
By________________________________
Chuck Winn, Interim City Manager
GRADIENT LANDSCAPES, LLC
By__________________________________
Tyler O’Leary, Managing Member
APPROVED AS TO FORM:
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By_______________________________
Greg Sullivan, Bozeman City Attorney
108
Gradient Landscapes
401 N Quaw Blvd
Belgrade, MT 59714
406.579.8666
Budget Estimate: 24-0505
Date Issued: 05/05/2024
Page 1
Landscape Proposal
Drought Tolerant Demonstration Garden : Alfred Stiff Building20 E OliveBozeman, Montana
Mobilization & Initial Site Work
Initial site work, demolition of existing turf grass along east side of Stiff building, excavation of all
planting beds to a minimum depth of 6”.
-Mobilization of equipment & Materials to site
-Planting bed excavation
-Demolition of existing landscape
-Haul off of unwanted materials and debris
-Pricing assumes native soil is of good quality and can be amended on site $5,065
Planting Bed Prep
Installation of organic compost within all planting bed areas. A minimum depth of 6” compost will be
incorporated with existing topsoil for a minimum amended soil depth of 12”.
Total Area: 820 Sqft $3,029
Planting : Perennials
Installation of drought tolerant plantings per plan.
1 Gal Perennials & Grasses 99 Ea $2,376
Mulch Planting Beds
Installation of organic mulch within all planting beds, final mulch selection TBD.
Total Area: 820 sqft $3,075
Irrigation : Demo Existing
Demolition of existing overhead irrigation within east lawn. All existing irrigation to be removed
and caped within valve box. Existing irrigation laterals and valving to be adapted to proposed drip
irrigation. $2,060
Irrigation : Drip
Installation of underground dripline irrigation within all planting beds. Pricing includes incorporation
of existing plantings along east side of building
Total Area: 1,013 sqft $3,545
Steel Edging
Installation of 3/16”x4” welded steel edging separating proposed planting area from adjacent lawn and
crusher fines seating area
Total Length: 55 Lnft $1,265
Crusher Fines Path
Installation of compacted crusher fines path and picnic table area. Pricing includes compacted road
mix footing. $,1262
Project Total as Drawn: $21,677
EXHIBIT A: SCOPE OF SERVICES
109
Page 2
Warranty
Budget Estimate: 24-0505
Date Issued: 05/05/2024
Notes Summary
1.All pricing based off of ‘Drought Tolerant Demonstration Garden Plan’, dated 05/01/2024. Pricing will be adjusted and
revised if additional details and/or drawings are developed.
2.Pricing based off of the ability of Gradient Landscapes to complete the project with (1) mobilization and without major
delays, prices subject to change due to delays caused by other trades, inclement weather, unforeseen project modifications,
and project scheduling conflicts.
3.Project scope is scheduled for and budgeted as represented in the landscape drawing set listed above, any work outside of
agreed upon project scope will be charged on a time & materials basis, Gradient Landscapes will provide a to-not-exceed
budget amount for any additional work outside of original budget estimate if requested by architect and/or client. Gradient
Landscapes reserves the right to refuse any additional work outside of the original project scope.
4.Irrigation pricing assumes 25 gpm and 50 psi at point of connection. If flow rates vary pricing may increase. Irrigation pricing
is best guess based on information provided within the landscape drawings. Irrigation system will be field fit by landscape
contractor. If unknown site conditions are discovered the client will be notified if irrigation installation will exceed $1000 over
total budgeted amount prior to work beginning.
5.Drip irrigation pricing assumes subsurface dripline irrigation to be used within all planting beds .
6.Existing irrigation repair is ‘best guess’ actual time and materials to be charged
Plant Material: All plant material to be warrantied for (1 yr) from the date of planting if installed with a permanent underground
irrigation system. This warranty does not cover any damage caused by animals, pests / disease, natural disasters, improper
irrigation, improper maintenance, and/or any other circumstance outside the control of Gradient Landscapes. Workmanship & Materials: All workmanship and materials provided by Gradient Landscapes are guaranteed for (2 yrs) from the
date of installation. This guarantee does not cover damage caused by accidents, natural disasters, neglect, or any other
circumstance outside the control of Gradient Landscapes. Irrigation System: All permanent underground irrigation installed by Gradient Landscapes will be guaranteed for (2 yrs) from the
date of installation to be free from defects in workmanship. All irrigation parts will carry manufacturers warranty. Warranty is void
if irrigation system is not professionally maintained, Gradient Landscapes reserves the right to void the warranty if its determined
by Gradient Landscapes that any damages were caused by improper maintenance, improper winterization, natural disasters,
neglect, or any other incident outside the control of Gradient Landscapes.
Terms
•Gradient Landscapes will be responsible for marking all public utilities through ‘One Call Services’ prior to any digging or
excavation work. If any additional private utility locates are required, all additional charges will the responsibility of client/
homeowner.
•Gradient Landscapes shall maintain up-to-date insurance policies including but not limited to: General Liability, Workers
Compensation, Automobile Coverage.
•Gradient Landscapes shall not be held liable for any delay due to circumstances beyond its control, including but not limited
to; Inclement weather & material delays.
•Material Escalation: Materials pricing is valid for 30-days from date of estimate after which, Gradient Landscapes reserves the
right to adjust material pricing as needed to accommodate for market fluctuations.
Invoicing Schedule
30% Deposit due at signing of approved ‘Budget Estimate’
70% Due upon project completion Payment Terms
All payments are due upon receipt of invoice. A 5% monthly late fee will be applied to all invoices after (30 days)
from original invoice date. Gradient Landscapes reserves the right to place a ‘contractors lien’ against the property for
the amount of any unpaid invoice after (90 days) from original invoice date.
City of Bozeman : Alfred Stiff Demonstration Garden20 E OliveBozeman, Montana
110
CRUSHER FINES
SURFACE
NEW STEEL
EDGING
EXISTING PICNIC
TABLE NEW STEEL
EDGING
EXISTING
SCULPTURE
820 SF
WOOD MULCH
EXISTING EDGING
SHRUBS BOTANICAL NAME QTY
HARDSCAPE QTY
CRUSHER FINES 155 SF
Agastache foeniculum
Agastache urticifolia
Aquilegia flavescens
Arctostaphylos uva-ursi
Campanula rotundifolia
Elymus cinereus
Liatris punctata
Linum lewisii
Lupinus argenteus
Monarda fistuloa
Rudbeckia occidentalis
Solidago canadensis
Solidago rigida
Sporobolus airoides
Symphyotrichum laeve
STEEL EDGING 55 LF
4
4
6
7
22
7
2
10
8
6
5
5
6
4
3
Anise Hyssop
Nettleleaf Giant Hyssop
Yellow Columbine
Kinnickinnick
Harebells
Basin Wildrye
Gayfeather, Dotted
Blue Flax
Silvery Lupine
Wild bergamot
Western Coneflower
Canada Goldenrod
Stiff Goldenrod
Alkalai Sacoton
Smooth Blue Aster
COMMON NAME
1 2 3 4 5
PROJECT NUMBER
DATE REVISION
ABCDNATIVE PLANT DEMONSTRATION GARDENALFRED M STIFF BUILDING20 E OLIVE ST, BOZEMAN, MTCONSTRUCTION SET | 04.24.20246
1 2 3 4 5 6 CITY OF BOZEMAN7 E BEALL ST. SUITE 100L 100
LANDSCAPE
PLAN
LANDSCAPE PLAN
SCALE: 3" = 1'-0"
0'4'8'
1.VERIFY PLANT COUNTS AND SQUARE FOOTAGES. QUANTITIES ARE PROVIDED FOR INFORMATION ONLY. IF QUANTITIES ON PLANT
LIST DIFFER FROM GRAPHIC INDICATIONS THEN GRAPHICS SHALL PREVAIL.
2.PERFORM EXCAVATION IN THE VICINITY OF UNDERGROUND UTILITIES WITH CARE AND IF NECESSARY BY HAND. THE
CONTRACTOR BEARS FULL RESPONSIBILITY FOR THIS WORK AND DISRUPTION OR DAMAGE TO UTILITIES SHALL BE REPAIRED
IMMEDIATELY AT NO EXPENSE TO THE OWNER.
3.PROVIDE MATCHING FORMS AND SIZES FOR PLANT MATERIALS WITHIN EACH SPECIES AND SIZE DESIGNATED ON THE DRAWINGS.
4.WOOD MULCH TO BE APPLIED TO ALL LANDSCAPE AREAS AT A 3" DEPTH MINIMUM.
5.ALL LANDSCAPE AREAS SHALL BE GRADED SO THAT FINISHED GRADE AFTER MULCHING IS ONE HALF (1/2) INCHES BELOW
CONCRETE OR OTHER PAVED SURFACES.
LANDSCAPE NOTES
LANDSCAPE LEGEND
AMENDED TOPSOIL
MULCH AT PLANTING AREAS (820 SF)
WOOD MULCH, 3" DEEP IN ALL
PLANTING AREAS
A1
NOTE: EXCAVATE PLANTING PITS
AS SQUARE PLANTING HOLES
EXISTING SUBGRADE
BACKFILL MATERIAL
WOOD MULCH, 3" DEEP
AMENDED SOIL
2 X DIAMETER
OF ROOTBALL OR
18" MIN, WHICHEVER
IS LARGER
INSTALL PLANTING ROOT
BALL EVEN WITH FINISH
GRADE
MULCH
NTS A2 PLANTING DETAIL, TYP.
NTS
0.5" REVEAL BETWEEN MULCH
AND ADJACENT HARDSCAPE
A3 CRUSHER FINES
NTS
ADJACENT
PLANTING BED WITH
WOOD MULCH
3" DEEP MINIMUM,
COMPACTED CRUSHER
FINES. COLOR TO BE
COORDINATED.
3" OF COMPACTED
AGGREGATE BASE, 3/4"
MINUS STONE. EXTEND
6" MIN BEYOND EDGE
COMPACTED OR
UNDISTURBED
SUBGRADE
EXISTING EDGING AND
ADJACENT
LANDSCAPING
STEEL EDGING
ALFRED M. STIFF BUILDING
111
ABANDON EXISTING ZONE 1
OVERHEAD IRRIGATION IN
PLACE BUT REMOVE
SPRAY HEADS
REPLACE EXISTING
ZONE 1 VALVE
1"
EXISTING ZONE 2 HEAD TO
REMAIN IN PLACE
EXISTING ZONE
2 HEAD TO
REMAIN IN
PLACE
SYMBOL
DESCRIPTION
MODEL DETAILQTY
1
1,020 L.F.
50 L.F.
IRRIGATION CONTROL VALVE
RAINBIRD XCZ-100-PRF
SURFACE DRIPLINE
RAINBIRD XFD-06-12
LATERAL LINE
EXISTING ZONE 2 HEAD
A5/L300
A1/L300
C5/L300
1 2 3 4 5
PROJECT NUMBER
DATE REVISION
ABCDNATIVE PLANT DEMONSTRATION GARDENALFRED M STIFF BUILDING20 E OLIVE ST, BOZEMAN, MTCONSTRUCTION SET | 04.24.20246
1 2 3 4 5 6 CITY OF BOZEMAN7 E BEALL ST. SUITE 100L 200
IRRIGATION
PLAN
IRRIGATION PLAN
SCALE 3" = 1' - 0"
0'4'8'
1.LOCATION OF EXISTING VALVE IS APPROXIMATE. CONTRACTOR TO
FIELD VERIFY VALVE. IF THERE ARE ANY MAJOR DEVIATIONS,
CONTACT THE OWNER'S REPRESENTATIVE IMMEDIATELY ON HOW TO
PROCEED.
2.EXISTING IRRIGATION CONTROLLER IS LOCATED INSIDE BUILDING IN
THE MECHANICAL ENCLOSURE.
3.ENSURE EXISTING IRRIGATION AREAS ARE NOT DISRUPTED. ALERT
OWNER'S REPRESENTATIVE IF EXISTING IRRIGATION USE CHANGES
OR IS NO LONGER OPERABLE.
4.EXISTING IRRIGATION DAMAGED BY CONSTRUCTION TO BE REPAIRED
AT NO EXPENSE TO THE OWNER.
5.NOTIFY OWNER'S REPRESENTATIVE FOR ANY DECISIONS WHICH ARE
DEEMED NECESSARY FOR ADJUSTMENT OF DESIGNED SYSTEM.
6.THE IRRIGATION SYSTEM SHALL BE INSTALLED IN ACCORDANCE WITH
ALL LOCAL CODES AND ORDINANCES BY A LICENSED LANDSCAPE
CONTRACTOR AND EXPERIENCED WORKERS, AND ALL PERMITS
SHALL BE OBTAINED AND FEES PAID BY THE CONTRACTOR.
7.NOTIFY OWNER'S REPRESENTATIVE FOR APPROVAL FOR ANY
CHANGES IN MATERIAL.
IRRIGATION NOTES
IRRIGATION LEGEND
ALFRED M. STIFF BUILDING
112
1 2 3 4 5
PROJECT NUMBER
DATE REVISION
ABCDNATIVE PLANT DEMONSTRATION GARDENALFRED M STIFF BUILDING20 E OLIVE ST, BOZEMAN, MTCONSTRUCTION SET | 04.24.20246
1 2 3 4 5 6 CITY OF BOZEMAN7 E BEALL ST. SUITE 100L 300
IRRIGATION
DETAILS
1 2 3 4 5
10
11
12
7 8
9
SIDE VIEW
6 10 6 7 2
1
2
3
4
5
7
8
9
10
11
12
FINISH GRADE
STANDARD VALVE BOX WITH COVER:
RAIN BIRD VB-STD
WATERPROOF CONNECTION:
RAIN BIRD DB SERIES
VALVE ID TAG
30-INCH LINEAR LENGTH OF WIRE,
COILED
PRESSURE REGULATING FILTER:
RAIN BIRD PRF-100-RBY (INCLUDED IN
XCZ-100-PRF KIT)
LATERAL PIPE
PVC SCH 40 FEMALE ADAPTOR OR
REDUCER
REMOTE CONTROL VALVE:
RAIN BIRD 100-DV (INCLUDED IN
XCZ-100-PRF KIT)
PVC SCH 40 TEE OR ELL TO MANIFOLD
3-INCH MINIMUM DEPTH OF 3/4-INCH
WASHED GRAVEL
6 MANIFOLD PIPE AND FITTINGS
TOP VIEW
A5 CONTROL VALVE
1 1/2" = 1'-0"
1
2
1
2
3
4
5
FINISH GRADE/TOP OF MULCH
10" ROUND VALVE BOX
WITH COVER
6
7
A3 FLUSH POINT WITH PVC BALL VALVE
1 1/2" = 1'-0"
WIRE W/O CONDUIT
LATERAL ONLY
WIRING ONLY
IN CONDUIT
PLAN
TIE A 24" LOOP IN
ALL WIRING AT CHANGES
OF DIRECTION, UNTIE
AFTER ALL CONNECTIONS
ARE MADE
NOTES:
1. LATERAL LINE SHALL HAVE 12" MIN. COVER.
C5 TRENCHING
1/2" = 1'-0"
XFD Dripline Maximum Lateral Lengths (Feet)
Inlet Pressure psi
12" Spacing 18" Spacing 24" Spacing
Nominal Flow (gph)Nominal Flow (gph)Nominal Flow (gph)
0.6 0.9 0.6 0.9 0.6 0.9
15 273 155 314 250 424 322
20 318 169 353 294 508 368
30 360 230 413 350 586 414
40 395 255 465 402 652 474
50 417 285 528 420 720 488
60 460 290 596 455 780 514
QF-FLUSH HEADER OR OTHER
PRE-INSTALLED BARB FITTING, QF PRODUCT ONLY
FLUSH POINT WITH PVC BALL VALVE, SEE A3/L300
PERIMETER OF AREA
PERIMETER DRIPLINE PIPE TO BE INSTALLED 2"-4
FROM PERIMETER OF AREA
RAIN BIRD XFD SERIES DRIPLINE (TYPICAL)
QF-SUPPLY HEADER OR OTHER
PVC DRIP MANIFOLD FROM RAIN BIRD CONTROL ZONE
VALVE KIT (SIZED TO MEET LATERAL FLOW DEMAND)
PVC SCH 40 ELL (TYPICAL)
PVC SCH 40 RISER PIPE
MALE ADAPTER INSERT
STAINLESS STEEL, OETIKER OR MURRAY CLAMP
PVC SCH 40 CAP
OPERATION INDICATOR
RAIN BIRD MODEL: OPERIND
XF SERIES TIE-DOWN STAKES (TDS-050)REFER TO
RAIN BIRD DRIPLINE DESIGN GUIDE FOR PROPER
SPACING
NOTES:
1. DISTANCE BETWEEN LATERAL ROWS AND EMITTER SPACING TO BE BASED ON SOIL TYPE,
PLANT MATERIALS AND CHANGES IN ELEVATION. SEE INSTALLATION SPECIFICATIONS
ON RAIN BIRD WEB SITE (WWW.RAINBIRD.COM) FOR SUGGESTED SPACING.
2. LENGTH OF LONGEST DRIPLINE LATERAL SHOULD NOT EXCEED THE MAXIMUM SPACING
SHOWN IN THE ACCOMPANYING TABLE.
A1 SURFACE DRIPLINE
NTS
DRIP HEADER
STAINLESS STEEL,
OETIKER OR MURRAY
CLAMP
MALE ADAPTER
INSERT
PVC SCH 40 BALL VALVE
SBE-050 ELL
8 1'-3' SWING PIPE,
COILED
9 3-INCH MINIMUM DEPTH
OF 3/4-INCH WASHED
GRAVEL
3
4
5
6
9
7
8
SECTION
113
Memorandum
REPORT TO:City Commission
FROM:Griffin Nielsen, Project Engineer
Shawn Kohtz, Utilities Director
SUBJECT:Authorize the City Manager to sign Amendment 1 to the Professional
Services Agreement with Advanced Engineering and Environmental Services,
LLC for Engineering Services to Design the Phase I Rehabilitation
Improvements to the City's Sourdough Water Storage Tank
MEETING DATE:May 14, 2024
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign Amendment No. 1 to the Professional
Services Agreement with the firm of Advanced Engineering and
Environmental Services, LLC providing engineering services to design the
Phase I Rehabilitation Improvements to the City’s Sourdough Water Storage
Tank.
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:The City constructed the Sourdough water storage tank, located at the
intersection of Sourdough Road and Goldenstein Lane, in the 1950’s and has
continually operated the asset for the last 70 years. The tank is a partially
buried cast-in-place circular concrete reservoir with a nominal volume of
four million gallons. Various exterior rehabilitation improvement projects
have occurred over the last two decades; however, City staff has noted
deterioration of the interior concrete and appurtenances of the tank.
In 2020, a tank evaluation was performed that assessed rehabilitation and
replacement options. Through this effort, the City determined that
rehabilitation of the tank, rather than full scale replacement, is the proper
course of action. Two tiers of rehabilitation improvements were outlined in
the tank evaluation deliverable, level 1 and level 2, based on condition
assessment data collected by a team of divers while the tank was online.
Level 2 rehabilitation scope requires additional condition assessment
activities to occur while the tank is offline to identify if further rehabilitation
items are necessary.
With the completion of the City’s 5.3 million gallon finished water storage
tank at the Sourdough Water Treatment Plant and the parallel Sourdough
Transmission Main, critical infrastructure redundancies are in place to allow
114
for Sourdough Tank to be taken offline for the rehabilitation improvements
and additional condition assessment. The City included the Level 1, now
referred to as Phase I, rehabilitation improvements in the Capital
Improvement Plan as Project No. W84.
After completing the public procurement process, the City entered into a
Professional Service Agreement (PSA) with the engineering firm Advanced
Engineering and Environmental Services, LLC (AE2S) on November 21st, 2023
to design and bid the Phase I rehabilitation improvements. Through the
design effort, the City has identified the need for additional instrumentation
and controls not previously included in the scope of services that should be
incorporated into the final design as well as adjusted the bidding to include
additive alternatives. Amendment 1 expands the current PSA scope of
services to include the identified instrumentation and controls in the design
as well as adjust the bidding to include additive alternatives.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the Commission
FISCAL EFFECTS:The current PSA’s total is $108,000. Amendment No. 1 adds a cost of
$10,900 bringing the total to $118,900. This project has been identified in
the City Capital Improvement Plan as project No. W84, and has a total of
$800,000 in funds budgeted.
Attachments:
PSA Amendment 1_Sourdough Tank Ph 1 Rehab_AE2S.pdf
Report compiled on: May 2, 2024
115
Page 1 of 2 Engineer’s Project #: P05097-2022-013 Amendment No. 1 to Professional Services Agreement for: Bozeman Sourdough Tank Rehabilitation Project THIS AGREEMENT is made as of this ________ day of _______________ 2024, between THE CITY OF BOZEMAN, a Municipal Corporation, Bozeman, Montana, herein referred to as CITY and Advanced Engineering and Environmental Services, LLC an Engineering Consulting Firm of Bozeman, Montana, herein referred to as Consultant. WHEREAS, the parties have entered into a Professional Services Agreement dated November 21st, 2023, herein referred to as Original Agreement for professional engineering services; and WHEREAS, the parties desire to further amend the provisions of this Agreement. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, the parties agree as follows: Amend Article 6 – Compensation for Engineering Services of the Original Agreement as follows: 6.1 LUMP SUM AGREEMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER 6.1.1 Payment. The OWNER shall for design phase services performed as Basic Engineering Services under sections 4.1 through 4.3 of this Agreement pay a total sum in the amount of $103,900.00 for such services. 6.1.2 Payment Schedule. Total cumulative payments for the design phase engineering services (sections 4.2 through 4.3) shall not exceed the following ceilings: • $68,574.00 (66% of design fee) until the Preliminary Engineering Phase deliverables have been submitted to the OWNER. 6.1.3 General. Engineer shall submit monthly statements for services rendered. The statements shall be based upon Engineer's estimate of the proportion of the total services actually completed at the time of billing, subject to any limitations on Payments based on completion of tasks or specific retainage requirements pursuant to the payment provisions of this Agreement. 6.1.4 Reimbursable Expenses. Only those expenses specifically identified for payment under section 6.2 of this Agreement are reimbursable. All other design related expenses are included in the Lump Sum Payment for the Basic services (4.1 through 4.3) and are not separately reimbursable. Additional Services specifically identified under the scope of design services for payment under 6.1 are not separately reimbursable. DELETE items number 5 and 15 from Paragraph 12.2 – Assumptions & Exclusions in Exhibit A. ADD the following Objectives to Paragraph 12.4.1 of Exhibit A: • Provide Designs for the addition of instrumentation and controls for SCADA integration. • Identify Alternate Additions to the Bidder’s Award to grant Owner additional controls over project costs. ADD the following Deliverables to Paragraph 12.4.2 of Exhibit A: 116
Page 2 of 2 Engineer’s Project #: P05097-2022-013 • 90% Procurement Drawings and Specifications for Instrumentation & Controls for improved security and SCADA level monitoring. • Bid Alternative Coordination – notations on Project Drawings and Specifications Section 01 23 00 – Alternates to define scope of Owner’s Bid Alternatives. REPLACE the Estimated Compensation Summary Table in Paragraph 12.9 of Exhibit A with the table provided below: Engineer is authorized to begin performance upon its receipt of a copy of this Amendment signed by Owner. IN WITNESS WHEREOF, the parties hereto do make and execute this Amendment on the day and year first above written. CITY OF BOZEMAN ___________________________________ Chuck Winn Interim City Manager ATTEST: ________________________________________ Mike Maas City Clerk APPROVED AS TO FORM ____________________________________ Greg Sullivan City Attorney CONSULTANT By:_______________________________________ Zach Magdol, PE Operations Manager 117
Memorandum
REPORT TO:City Commission
FROM:Ellie Staley, Executive Director Downtown Bozeman Partnership
SUBJECT:Authorize the City Manager to Sign an Amendment 2 to the Professional
Services Agreement with Morrison Maierle for the Engineering Design
Standards Update for Downtown Design Standards
MEETING DATE:May 14, 2024
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign Professional Services Agreement
Amendment Number 2 for the Engineering Design Standards Update for
Downtown Design Standards with Morrison Maierle.
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:Phase 1 of the engineering design standards update is complete and Phase 2
is almost complete. Phase 1 work focused on establishing a baseline for the
overall standards update, obtaining targeted stakeholder input, and
developing draft storm drainage design standards. Phase 2 work will provide
an overall update of the City of Bozeman Design Standards and
Specifications Policy (DSSP) and the City of Bozeman Modifications to the
Montana Public Works Standard Specifications (City Modifications).
The project goal is to develop design standards for the Bozeman downtown
area which will primarily apply to land within the Downtown Tax Increment
District. The standards will focus on items within the public right of way such
as sidewalks, lighting, benches, tree grates, and landscaping. The standards
will also reference other relevant regulations, standards, and permitting
requirements as appropriate (i.e. Bozeman UDC, Engineering Standards,
etc.). The standards for many of these items have already been established,
so efforts will largely be compiling these items into an accessible format. It is
understood that requirements may differ depending on the street or area.
The intent is to provide clear guidance for consistency within the downtown
streetscape.
Original PSA with Morrison-Maierle attached for reference.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the commission.
118
FISCAL EFFECTS:The total project cost is $47,300 per the attached City of Bozeman Design
Standards Update Downtown Standards Scope of Services. Funds are
included in Downtown Urban Renewal District's fiscal year 2024 and
proposed 2025 budgets, and those budgets are sufficient for this work
including funds.
Attachments:
PSA Amendment Downtown Design Standards DURD.pdf
Exhibit A Downtown Design Standards Scope of Services.pdf
20- Professional Services Agreement - Morrison-Maierle for
Design Standard Update.pdf
Report compiled on: April 25, 2024
119
Amendment No. 2 to Professional Services Agreement
for City of Bozeman Design Standards Update
THIS AGREEMENT is made as of this 14th day of May, 2024, between the DOWNTOWN URBAN
RENEWAL DISTRICT, an agency of the CITY OF BOZEMAN, MONTANA, a Municipal
Corporation, Bozeman, Montana, herein referred to as OWNER and Morrison-Maierle, an Engineering
Consulting Firm of Bozeman, Montana, herein referred to as ENGINEER.
WHEREAS, the parties have entered into a Professional Services Agreement dated December
22, 2020, herein referred to as Original Agreement for professional engineering services; and
WHEREAS, the parties desire to further amend the provisions of this Agreement.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
CONTAINED HEREIN, the parties agree as follows: amend the scope and fee to provide for the
addition of Downtown Design Standards of the City of Bozeman Design Standards Update Project per
the attached Exhibit A.
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.
CITY OF BOZEMAN
By:
ATTEST:
Mike Maas
City Clerk
APPROVED AS TO FORM
By:
City Attorney
ENGINEER
By:
Its:
ATTEST:
By:
120
April 18, 2024
Ellie Staley
Downtown Bozeman Urban Renewal District
222 East Main Street, Suite 302
Bozeman, MT 59715
Re: City of Bozeman Downtown Design Standards
Dear Ms. Staley:
Morrison-Maierle is pleased to provide you with a scope and budgetary fee proposal for
preparing streetscape design standards for downtown Bozeman.
Project Description
The project goal is to develop design standards for the Bozeman downtown area which will
primarily apply to land within the Downtown Tax Increment District. The standards will focus on
items within the public right of way such as sidewalks, lighting, benches, tree grates, and
landscaping. The standards will also reference other relevant regulations, standards, and
permitting requirements as appropriate (i.e. Bozeman UDC, Engineering Standards, etc.). The
standards for many of these items have already been established, so efforts will largely be
compiling these items into an accessible format. It is understood that requirements may differ
depending on the street or area. The intent is to provide clear guidance for consistency within
the downtown streetscape.
Figure 1 Downtown Tax Increment District
Exhibit A
121
Scope of Services
Our Professional Services Fees are based on the anticipated Scope of Services outlined below.
Task 000 – Project Management
· Contracting, accounting, and management of personnel
· Check-in meetings every two to four weeks
Task 100 – Stakeholder Coordination
Downtown Design Standard stakeholders will be consulted during development of the proposed
standards. It is anticipated that the primary stakeholders include the Downtown Bozeman
Partnership, City of Bozeman Engineering Division, City of Bozeman Economic Development
Department, and Montana Department of Transportation. It is assumed that we will participate in
one meeting with MDT and all other stakeholder coordination will be performed by the client.
Task 200 – Document Preparation
· Progressive drafts of the Downtown Design Standards will be submitted to stakeholders
for review and comment. It is anticipated that Review Drafts will be submitted as follows:
o A detailed outline and list of the intended content
o 65% Review Draft
o 95% Review Draft
· Final document for publication will be prepared in accordance with City of Bozeman
accessibility requirements and formatting will be similar to the engineering standards for
consistency.
Task 300 – Standard Details
· Standard Details will be drafted in AutoCAD for consistency in appearance, text size, title
block, etc. Existing details provided by the client will be used as a reference and content
will be edited as needed. Assumes 15 drawings.
Estimated Professional Services Fees
Based on our current understanding of the Phase 2 Scope of Services outlined in this letter, the
estimated fees for each of the major tasks are summarized below.
Task 000 Project Management $ 7,000
Task 100 Stakeholder Coordination $ 2,500
Task 200 Document Preparation $ 19,500
Task 300 Standard Details $ 18,300
Total $ 47,300
Additional Services
The following items are not included:
· Changes to street sections and street markings/lane configurations
· Traffic calming
· Lighting design beyond specifying poles
122
Morrison-Maierle is excited to work with you to develop Downtown Design Standards. If you have
any questions, please don’t hesitate to contact me.
Sincerely,
Morrison-Maierle
______________________________
Brad Hammerquist, PE
Project Manager
cc: File
123
PM CMS1 QA1 QA2 QA3 DT1 DT2 DT3 CAD ADM1 ADM2 Total Total
Task 000 Project Management
010 Project/Contract Administration 12 12 2,364$
020 Project Management and Coordination 12 12 2,364$
030 Monthly Team Check-In 4 4 2 10 2,188$
Hours Sub-Total 28 4 0 0 0 2 0 0 0 0 0 34 6,916$
Task 100 Stakeholder Coordination
101 Meetings with DTA, other stakeholders (three meetings) 3 3 6 1,149$
102 Misc. Coordination 2 2 2 6 1,280$
Hours Sub-Total 5 2 0 0 0 5 0 0 0 0 0 12 2,429$
Task 200 Document Prep
201 Detailed Outline 2 4 6 1,138$
202 Develop Preliminary Draft 4 4 40 48 8,228$
203 Develop Final Draft 4 2 16 22 4,278$
204 Address Comments 2 4 6 1,138$
205 QA/ADA Accessibility 4 20 24 4,748$
Hours Sub-Total 12 6 0 4 0 84 0 0 0 0 0 106 19,530$
Task 300 Standard Detail Drawings
301 Develop Preliminary Draft 4 8 60 72 9,776$
302 Develop Final Draft 2 6 30 38 5,260$
303 Address Comments 2 6 8 1,510$
304 QA 4 4 8 1,772$
Hours Sub-Total 8 4 0 0 0 24 90 0 0 0 0 126 18,318$
Total Personnel Hours 53 16 0 4 0 115 90 0 0 0 0 278 47,193
Key Personnel
Staff Labor Category Name
Labor
Rate
PM Senior Engineer I Brad Hammerquist 197$
CMS1 Supervising Engineer III James Nickelson 257$
QA1 Supervising Engineer III
QA2 Supervising Engineer III
QA3 Supervising Engineer II
DT1 Design Engineer II Cooper Krause 186$
DT2 Engineer Intern I Brian Peck 125$
DT3 Senior Engineer I
CAD CAD Designer II
ADM1 Admin Coordinator III
ADM2 Admin Coordinator III
City of Bozeman Downtown Design Standards
Engineering Fee Estimate - Labor
Staff
Downtown Design Standards Fee Estimate.xlsx Page 1 of 1 4/18/2024 124
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 22nd day of , 2020,
by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation
organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse
Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771,
hereinafter referred to as “City,” and Morrison-Maierle with a mailing address of PO Box 1113,
Bozeman, MT 59771, hereinafter referred to as “Consultant”, collectively referred to 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 Consultant to perform for City services
described in the Scope of Services attached hereto as “Exhibit A” and by this reference made a
part hereof for the Project: City of Bozeman Design Standards Update.
2. Term/Effective Date: This Agreement is effective upon the date of its execution and will
terminate upon satisfactory completion of the agreed Scope of Services, which may be amended
from time to time by the mutual agreement of the Parties pursuant to terms of this agreement,
as determined by the City.
3. Scope of Services: Consultant 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.
Consultant may, at its own risk, use or rely upon design elements and information ordinarily or
customarily furnished by others, including, but not limited to, specialty contractors, Sub-
consultants, manufacturers, suppliers, and publishers of technical standards.
4. Payment for Scope of Services: City agrees to pay Consultant for the completion of the
Scope of Services a time and materials amount of $80,000. The Consultant’s billing rates in $/hr
for its employees and a detailed breakdown of personnel hours directly assigned to each task of
the Scope of Services is provided herewith as “Attachment 1”.
5. Reimbursable Expenses: As defined in section 8 of this Agreement, for completion of the
Scope of Services and approved Additional Services, reimbursable expenses shall be paid to the
Consultant by the City in the actual amount of the costs incurred up to an amount not to exceed
$52,000, which includes $52,000 for Sub-consultants hired by the Consultant and $0 for all other
reimbursable expenses. The estimated reimbursable expenses are provided herewith as
“Attachment 2”. The administrative markup factor being applied by the Consultant for any of its
Sub-consultants shall be indicated on Attachment 2 and be no higher than 1.05.
6. Additional Services: If the City requests Consultant to perform any Additional Services
not otherwise provided for in this Agreement, City shall so instruct the Consultant in writing, and
the Consultant shall perform, or direct its Sub-consultants to perform, such services necessary to
December
DocuSign Envelope ID: ABDBB83E-A8EE-45AD-848E-15782C0D74D5
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complete the Additional Services requested. The City and Consultant shall mutually agree in
writing upon the scope of Additional Services prior to their commencement. The basis of
payment for Additional Services shall be equal to the Consultant’s Direct Labor Rates times a
factor of 3.2. A tabulation of direct labor rates for employees performing Additional Services
work shall be provided at the time the scope of Additional Services is requested. An
administrative markup factor of 1.0 shall be applied by the Consultant for any of its Sub-
consultants performing agreed Additional Services work.
7. Times of Payments: The Consultant may submit monthly statements for the Scope of
Services and approved Additional Services rendered and for Reimbursable Expenses incurred.
The statements shall be based upon Consultant’s estimate of the proportion of the total Scope
of Services actually completed for each task at the time of billing.
8. Meaning of Terms:
a. Additional Services: Additional Services means services resulting from significant
changes in the general scope, extent or character of the Project or major changes in
documentation previously accepted by the City where changes are due to causes beyond the
Consultant’s control. Additional Services can also mean providing other services not otherwise
provided for in the Agreement that are substantially similar to and generally consistent with the
nature of services contained in the Scope of Services.
b. Agreement: As used herein the term “this Agreement” refers to the contents of
this document and its Attachments and Exhibits attached hereto and referred to as if they were
part of one and the same document.
c. Direct Labor Rates: Direct Labor Rates used as a basis for payment mean the
actual salaries and wages paid to all of the Consultant’s personnel engaged directly on any agreed
Additional Services, but does not include rates for indirect fringe benefits, indirect overhead
expenses, and profit.
d. Reimbursable Expenses: Reimbursable expenses mean the actual expenses
incurred by the Consultant or its Sub-consultants directly in connection with the Project, such as
expenses for: transportation and subsistence incidental thereto; toll telephone calls; specialized
technology or software subscription charges; reproduction of reports, technical memoranda,
drawings, renderings and similar Project-related items.
e. Sub-consultants: Sub-consultants means any independent professional
associates working on the Project that are not directly employed by the Consultant and have
rather been hired by the Consultant to serve a particular role or offer a particular service for the
Project.
9. Consultant’s Representations: To induce City to enter into this Agreement, Consultant
makes the following representations:
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a.Consultant 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.Consultant represents and warrants to City that it has the experience and ability
to perform the services required by this Agreement; that it will perform said 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.
10. Independent Consultant Status/Labor Relations: The parties agree that Consultant is an
independent Consultant for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Consultant 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. Consultant is not authorized to represent the City or
otherwise bind the City in any dealings between Consultant and any third parties.
Consultant shall comply with the applicable requirements of the Workers’ Compensation
Act, Title 39, Chapter 71, MCA, and the Occupational Disease Act of Montana, Title 39, Chapter
71, MCA. Consultant shall maintain workers’ compensation coverage for all members and
employees of Consultant’s business, except for those members who are exempted by law.
11. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered,
to the fullest extent permitted by law, Consultant 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 Consultant; or (ii) any negligent, reckless, or intentional misconduct of any of
the Consultant’s agents.
For the professional services rendered, to the fullest extent permitted by law, Consultant
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 willful misconduct of the Consultant or Consultant’s agents or employees.
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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).
Consultant’s indemnity 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 the
Consultant to assert its right to defense or indemnification under this Agreement or under the
Consultant’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 the Consultant 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.
Consultant 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 and the services performed
hereunder.
In addition to and independent from the above, Consultant shall at Consultant’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 Consultant in this Section. The insurance coverage shall not contain
any exclusion for liabilities specifically assumed by the Consultant in subsection (a) of this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City
without limit and without regard to the cause therefore and which is acceptable to the City and
Consultant 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
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· Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City of Bozeman, its officers,
agents, and employees, shall be endorsed as an additional or named insured on a primary non-
contributory basis on both the Commercial General and Automobile Liability policies. The
insurance and required endorsements must be in a form suitable to City and shall include no less
than a sixty (60) day notice of cancellation or non-renewal. The City must approve all insurance
coverage and endorsements prior to the Consultant commencing work. Consultant shall notify
City within two (2) business days of Consultant’s receipt of notice that any required insurance
coverage will be terminated or Consultant’s decision to terminate any required insurance
coverage for any reason.
12. Termination for Consultant’s Fault:
a. If Consultant 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
Consultant’s right to proceed with all or any part of the work (“Termination Notice Due to
Consultant’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, Consultant shall be
entitled to payment only for those services Consultant 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, Consultant shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
13. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City, make
it advisable to the City to cease performance under this Agreement City may terminate this
Agreement by written notice to Consultant (“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 Consultant.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Consultant shall immediately cease performance under this
Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Consultant shall do only such work as may
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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, Consultant is entitled to
payment only for those services Consultant 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
Consultant for its performance of this Agreement. Consultant shall, under no circumstances, be
entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any nature
arising, or claimed to have arisen, as a result of the termination.
14. Limitation on Consultant’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Consultant under this Agreement,
Consultant’s damages shall be limited to contract damages and Consultant 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 Consultant wants to assert a claim for damages of any kind or nature,
Consultant 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 Consultant becoming aware of the facts and circumstances giving
rise to the claim. In the event Consultant fails to provide such notice, Consultant shall waive all
rights to assert such claim.
15. Representatives:
a. City’s Representative: The City’s Representative for the purpose of this Agreement
shall be Lance Lehigh 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, Consultant may direct its
communication or submission to other designated City personnel or agents as listed above and
may receive approvals or authorization from such persons.
b. Consultant’s Representative: The Consultant’s Representative for the purpose of
this Agreement shall be Brad Hammerquist or such other individual as Consultant shall designate
in writing. Whenever direction to or communication with Consultant is required by this
Agreement, such direction or communication shall be directed to Consultant’s Representative;
provided, however, that in exigent circumstances when Consultant’s Representative is not
available, City may direct its direction or communication to other designated Consultant
personnel or agents.
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16. Permits: Consultant 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.
17. Laws and Regulations: Consultant 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.
18. Nondiscrimination: The Consultant agrees that all hiring by Consultant of persons
performing this Agreement shall be on the basis of merit and qualifications. The Consultant will
have a policy to provide equal employment opportunity in accordance with all applicable state
and federal anti-discrimination laws, regulations, and contracts. The Consultant 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
Consultant shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140,
Title 2, United States Code, and all regulations promulgated thereunder. The Consultant shall
require these nondiscrimination terms of its Sub-consultants providing services under this
agreement.
19. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Consultant 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. Consultant 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 Consultant shall
be obligated to furnish such proof.
The Consultant shall be responsible for instructing and training the Consultant's
employees and agents in proper and specified work methods and procedures. The Consultant
shall provide continuous inspection and supervision of the work performed. The Consultant is
responsible for instructing his employees and agents in safe work practices.
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20. Modification and Assignability: This Agreement may not be enlarged, modified,
amended or altered except by written agreement signed by both parties hereto. The Consultant
may not subcontract or assign Consultant’s rights, including the right to compensation or duties
arising hereunder, without the prior written consent of City. Any Sub-consultant or assignee will
be bound by all of the terms and conditions of this Agreement.
21. Reports/Accountability/Public Information: Consultant agrees to develop and/or
provide documentation as requested by the City demonstrating Consultant’s compliance with
the requirements of this Agreement. Consultant 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 Consultant pursuant to this Agreement
was used in compliance with this Agreement and all applicable provisions of federal, state, and
local law. The Consultant shall not issue any statements, releases or information for public
dissemination without prior approval of the City.
22. Non-Waiver: A waiver by either party 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.
23. 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 to include City
Attorney.
24. Taxes: Consultant is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
25. 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.
26. Survival: Consultant’s indemnification shall survive the termination or expiration of this
Agreement for the maximum period allowed under applicable law.
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27. 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.
28. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
29. Applicable Law: The parties agree that this Agreement is governed in all respects by the
laws of the State of Montana.
30. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
31. 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.
32. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
33. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained therein or made a part
thereof by reference, are not binding upon the parties. There are no understandings between
the parties other than as set forth in this Agreement. All communications, either verbal or
written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless
specifically made a part of this Agreement by reference.
34. Standard of Care: In providing services under this Agreement, Consultant will perform in
a manner consistent with the degree of care and skill ordinarily exercised by members of the
same profession currently practicing under similar circumstances. If any service should be found
to be not in conformance with this standard, the Consultant shall, at the City’s request, re-
perform the service at its own expense. Consultant shall also, at its own expense, make such
changes, modifications or additions to the project which are made necessary as a result of the
initial non-performance or the re-performance of services. The City’s rights herein are in addition
to any other remedies the City may have under the law
35.Ownership and Reuse of Documents: Upon payment in full by City to Consultant for all
monies due Consultant under this Agreement, Consultant’s work products produced under this
Agreement shall become the sole property of the City. The City’s use, reuse, alteration, or
modification of the work products will be at City’s sole risk and without liability or legal exposure
to Consultant or to its officers, directors, members, partners, agents, employees, and
consultants.
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In witness whereof, the Parties hereto do make and execute this Agreement.
CITY OF BOZEMAN, MONTANA CONSULTANT
BY: BY:
(City Manager) (Vice President)
DATE: ______ DATE:
ATTEST:
BY:
(City Clerk)
APPROVED AS TO FORM:
BY:
(City Attorney)
12/3/20
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December 3, 2020
Lance Lehigh
City of Bozeman
20 E. Olive Street
Bozeman, MT
Re: City of Bozeman Design Standards Update
Scope of Services
Dear Mr. Lehigh:
Thank you for selecting the Morrison-Maierle/DOWL Team for the City of Bozeman Design
Standards Update project. We are pleased to provide you with this scope and fee proposal for
Professional Services associated with the initial phase of this project.
Project Description
The project goal is to update the City of Bozeman Design Standard and Specifications Policy
(DSSP) and the City of Bozeman Modifications to the 2010 Montana Public Works Standard
Specifications (City Modifications).
The project will be broken into two phases. Phase 1 scope will be limited by the fiscal year 2020
budget and will consist of the Phase 1 Scope of Services outlined below. Phase 1 will be
focused on obtaining targeted stakeholder input and developing draft Storm Drainage Design
Standards. Phase 2 will generally consist of completing updates to the DSSP and City
Modifications, presenting updates to the City Commission, and publishing the new documents in
fiscal year 2021.
Phase 1 Scope of Services
Our Professional Services Fees are based on the anticipated Scope of Services outlined below.
Task 000 – Project Management
·Contracting, accounting, and management of review personnel.
·Fully develop scope, fee and limits of work for Phase 2 design standards and specification
modifications
Task 100 – Establish Baseline for Standards Update
Meetings and Coordination
·Kick-off meeting
·Consultant Team coordination
Research Relevant Standards Sources
·Review other community standards and summarize areas of interest for City. Standards
from the following communities will be reviewed:
o Kalispell, MT
o Billings, MT
o Bend, OR
EXHIBIT A
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o Boulder, CO or other community in Colorado
o Minneapolis/St. Paul Metro, MN
· Prepare summary memo of items for City communication
Document Formatting
· Develop a MSWord format template and TOC for Design Standards. The latest City of
Kalispell standards will be used as an example.
o Upon City concurrence of template, provide MSWord template to DOWL for use in
Storm Drainage Standards revisions.
o Stormwater will be a chapter.
· Develop a MSWord format template and TOC for City Modifications. The latest City of
Kalispell standards will be used as an example.
Task 200 – Meeting Facilitation and Team Collaboration
It is our understanding that the current phase of engagement will include meeting facilitation and
team collaboration with a focus on City staff and a limited number of key stakeholders. The
Microsoft Teams platform will be used to distribute information, capture comments and facilitate
discussion. This phase of work will also establish the foundation for a more wide-reaching
community engagement plan to be rolled out in Phase 2.
· Gain understanding of City’s current communication and engagement efforts and
policies
· Set-up and manage Microsoft Teams file collaboration platform and topic-related
channels for City team members to provide comments
· Schedule, facilitate, and record discussions between project team and City topic experts.
It is anticipated that:
o Three meetings will be held to establish a baseline for the Standards update
o Two meetings will be held to discuss the strategy for addressing affordable
housing content
o Two additional meetings will be held to discuss the development of storm
drainage content
· Schedule, facilitate, and record discussions between project team and key stakeholders
· Develop meeting materials as needed
Task 300 – Affordable Housing Infrastructure Design Standards
Affordable housing research and development of educational concepts pertaining to affordable
housing.
· Research relevant sources
· Identify potential items with cost implications when compared to current standards
· Develop overall development cost pie chart graphic and life cycle cost concept graphic.
Task 400 – Design Storm Precipitation Update
The City of Bozeman recently made the decision that precipitation design storm data (e.g.,
depth-duration frequency, intensity-duration-frequency, and water quality storm) will be based
on an updated frequency analysis of precipitation data collected at Gallatin Field. DOWL will:
· Update the frequency analysis published in Appendix B of the MDT Hydrology Manual to
expand the period of record through 2020.
· Provide final depth-duration-frequency and intensity duration frequency tables
presenting the updated frequency analysis results.
· Complete a precipitation frequency analysis to estimate the total storm depth for the 6-
month, 24-hour storm and evaluate this storm relative to the industry accepted
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procedure to treat the first 0.5 inch of runoff. This analysis will expand the period of
record (through 2020) and build upon recent work completed by DOWL (under a
separate contract) using Gallatin Field precipitation data.
· Assimilate the results of precipitation analyses (e.g., synthetic storm hyetographs and
actual storm hyetographs) developed by DOWL under a separate contract with the
results of analyses completed under this contract into a set of design storm data for
inclusion in the Storm Drainage Design Standards.
· Provide draft results of the design storm data for City review, present the analysis in a
meeting with the City, and address City review comments.
· Incorporate the final design storm data into the Storm Drainage Design Standards
Task 500 – Storm Drainage Standards Update
· DOWL will work in close coordination with City stormwater staff to develop updated
storm drainage design standards that are reflective of current industry standards for the
near region and that provide clarity and consistency in storm drainage design and
construction requirements.
· DOWL will draw from the Storm Drainage Standards for the Cities of Billings and
Kalispell as models for this purpose. DOWL will review the current standards of the City
of Bozeman and will modify and customize the model standards to be appropriate to the
City of Bozeman.
· Industry standard storm drainage design procedures published in the latest edition of the
“Urban Drainage Design Manual”, Hydraulic Engineering Circular No. 22 (HEC 22) will
be used to guide design procedures. The standards will refer to HEC 22 to streamline
the storm drainage standards, while providing clarity and detail.
· The recommendations contained in Section 3.6 of the 2008 Bozeman Stormwater
Facilities Plan will be addressed through this update, consistent with current industry
standards.
· It is anticipated that the following outline will be followed in drafting the Storm Drainage
Standards:
I. Policy
II. Storm Drainage Plan Submittal Requirements
III. Rainfall
a. Minor and Major Drainage Systems
b. Design Storm Frequency
c. Design Storm Depth and Intensity
d. Water Quality Storm
IV. Runoff
a. Drainage Basin Area
b. Selection of Runoff Calculation Methods
c. NRCS Hydrograph Method
d. Rational Method
e. EPA SWMM Runoff Method
f. Modified Rational Method
V. Hydraulic Analysis and Design
a. Gutter Flow
b. Storm Drain Pipe
c. Open Channel Conveyances
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d. Culverts
e. Bridges
f. Outfalls
VI. Runoff Control Facilities
a. Detention Basins
b. Retention/Infiltration Basins
c. Boulevard Swales
VII. Permanent Water Quality Treatment
VIII. Erosion and Sediment Control
· Recommendations for updates to the City Standard Drawings for stormwater
infrastructure will also be provided. It is anticipated that updates to the drawings will be
accomplished in the Phase 2 workplan.
· Progressive drafts of the updated Storm Drainage Standards and updates to Section
02720 of the City Standard Modifications to the MPWSS will be submitted to the City for
review and comment. It is anticipated that Review Drafts will be submitted as follows:
o A detailed outline of the intended content
o 65% Review Draft
o 95% Review Draft will be submitted in Phase 2
· It is assumed that two (2) review meetings will be conducted to discuss the comments
and questions received from the City.
· A third meeting will be conducted in Phase 2 to discuss the comments from the 95%
Review Draft.
· Storm drainage issues identified but not addressed in this initial draft will be included in
our recommendations for further efforts to be included in the Phase 2 workplan.
Estimated Professional Services Fees
Based on our understanding of the Phase 1 Scope of Services outlined in this letter, the fees for
each of the major tasks are estimated to be as follows:
Task 000 Project Management $11,000
Task 100 Establish Baseline for Standards Update $20,000
Task 200 Community Engagement $ 8,000
Task 300 Affordable Housing Infrastructure Standards $ 6,000
Task 400 Design Storm Precipitation Update $11,000
Task 500 Storm Drainage Draft Standards Development $24,000
Total $80,000
The Morrison-Maierle/DOWL Team is excited to work with you to update the City of Bozeman’s
Design Standards. If you have any questions, please don’t hesitate to contact me.
Sincerely,
Morrison-Maierle
______________________________
Brad Hammerquist, PE
Project Manager
cc: File
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PM CMS1 QA1 QA2 QA3 DT1 DT2 DT3 CAD ADM1 ADM2SubtotalSubtotalSM3 PM6 E6 E5 E4 E3 E2 E1 PIC GD ADASubtotalSubtotalHoursLaborWade Jeff S. JO, GG, KJ Paul/DougAnthony Lisa Soha JulieHoursLaborTask 000Project Management010 Project/Contract Administration16 2182,814$ 0-$ 020 Project Management and Coordination 20203,000$ 18184,140$ 030 Monthly Check-In with Lance771,050$ 0-$ Hours Sub-Total43 2 0 0 0 0 0 0 0 0 0456,864$ 18 0 0 0 0 0 0 0 0 0 0184,140$ Task 100Establish Baseline for Standards Update110 Meetings and Coordination16 5213,435$ 18184,140$ 120 Collect and Compile City Comments224454$ 0-$ 130 Research Relevant Standards and Develop Memo 24 42304,582$ 22460$ 140 Document Formatting - Design Standards 6 28161,930$ 0-$ 150 Document Formatting - City Modifications 6 28161,930$ 0-$ 155 Determine Changes to Design Standards and City Mods 16162,400$ 0-$ 160 Peer Review2 24734$ 0-$ Hours Sub-Total70 13 0 2 0 0 2 0 0 0 2010715,465$ 20 0 0 0 0 0 0 0 0 0 0204,600$ Task 200Community Engagement210 Understand City Engagement Efforts and Policies0-$ 44460$ 220 MS Teams Management0-$ 10101,150$ 230 City Meeting Facilitation: Establish Baseline for Standard Update (2) 33450$ 991,035$ 240 City Meeting Facilitation: Affordable Housing (2) 22300$ 66690$ 250 City Meeting Facilitation: Storm Drainage (2) 22300$ 66690$ 260 Develop Meeting Materials and Communication Graphics0-$ 10 15252,950$ Hours Sub-Total7 0 0 0 0 0 0 0 0 0 071,050$ 0 0 0 0 0 0 0 0 45 15 0606,975$ Task 300Affordable Housing Infrastructure Standards310 Research Relevant Sources4 15807$ 661,200$ 320 Identify Potential Areas with Cost Implications 4 261,014$ 661,200$ 330 Graphics48121,352$ 44460$ Hours Sub-Total12 3 0 0 0 0 0 0 0 8 0233,173$ 0 12 0 0 0 0 0 0 4 0 0162,860$ Task 400Design Storm Precipitation Update410 Frequency Analysis Update0-$ 1 1632495,990$ 420 Draft Design Storm Data0-$ 1 1216293,790$ 430 Address Comments & Incorporate Into Design Standards0-$ 2 2481,180$ Hours Sub-Total0 0 0 0 0 0 0 0 0 0 00-$ 4 0 30 0 0 0 0 52 0 0 08610,960$ Task 500Storm Drainage Draft Standards Development510 Develop Draft Stormwater Design Criteria0-$ 40 44 669618,210$ 520 Updates to Section 02720 of Standard Mods to MPWSS0-$ 0-$ 530 Review Meetings (2)11150$ 6 6122,400$ 540 Address Review Comments from each submittal (2)0-$ 3 8112,050$ 530 Peer Review1 12 481,237$ 0-$ Hours Sub-Total2100002400091,387$ 490586000000611922,660$ Total Personnel Hours134 19 0 2 0 0 4 4 0 8 20 19127,939$ 91 12 88 6 0 0 0 52 49 15 6 31952,195$ Key PersonnelMorrison-MaierleLabor CategoryNameLabor RatePMDesign Engineer II Brad Hammerquist 150$ CMS1Supervising Engineer III James Nickelson 207$ QA1Supervising Engineer III Bob Morrison 207$ QA2Supervising Engineer III Phill Forbes 207$ QA3Supervising Engineer II Matt Ekstrom 197$ DT1Supervising Engineer I Scott Fanning 186$ DT2Senior Engineer I Bill Wiegand 160$ DT3Design Engineer I Luke Carlson 140$ CADCAD Designer II Kurt Squires 123$ ADM1Admin Coordinator II Kim Longenecker 94$ ADM2Admin Coordinator I Cindy Williamson 77$ DOWLSM3Senior Manager III Wade Irion 230$ PM6Project Manager VI Jeff Shoemaker 200$ E6Engineer VI Jeff, Greg, and KJ 170$ E5Engineer V Paul Yakawich, Doug Fischer 160$ E4Engineer IV140$ E3Engineer III115$ E2Engineer II105$ E1Engineer I Anthony Keene 95$ PICPub. Inv. Coordinator Lisa Olmsted 115$ GDGraphic Designer Soha120$ ADAAdmin Assistant Julie95$ City of Bozeman Design Standards UpdateEngineering Fee Estimate - LaborMorrison-MaierleDOWLDesign Standards Fee Est.xlsxPage 1 of 112/3/2020ATTACHMENT 1DocuSign Envelope ID: ABDBB83E-A8EE-45AD-848E-15782C0D74D5139
City of Bozeman Design Standards Update
Engineering Fee Estimate - Reimbursable Expenses
Labor Morrison-Maierle DOWL Total
Task 000 Project Management 6,864$ 4,140$ 11,004$
Task 100 Establish Baseline for Standards Update 15,465$ 4,600$ 20,065$
Task 200 Community Engagement 1,050$ 6,975$ 8,025$
Task 300 Affordable Housing Infrastructure Standards 3,173$ 2,860$ 6,033$
Task 400 Design Storm Precipitation Update -$ 10,960$ 10,960$
Task 500 Storm Drainage Draft Standards Development 1,387$ 22,660$ 24,047$
Labor Total 28,000$ 28,000$
Expenses
Sub-Consultant -$ 52,000$ 52,000$
Miscellaneous -$ -$ -$
Travel Expenses -$ -$ -$
Expense Sub-Total -$ 52,000$ 52,000$
Administrative Markup 1.00 1.00 1.00
Expense Total -$ 52,000$ 52,000$
Overall Total 28,000$ 52,000$ 80,000$
ATTACHMENT 2
DocuSign Envelope ID: ABDBB83E-A8EE-45AD-848E-15782C0D74D5
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Memorandum
REPORT TO:City Commission
FROM:Ellie Staley, Executive Director, Downtown Bozeman Partnership
SUBJECT:Authorize the City Manager to Sign a Task Order DTN24-002 with Sanderson
Stewart for Preliminary Engineering and Architectural Plans for I-Ho Peace
Park
MEETING DATE:May 14, 2024
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Approve
STRATEGIC PLAN:4.4 Vibrant Downtown, Districts & Centers: Promote a healthy, vibrant
Downtown, Midtown, and other commercial districts and neighborhood
centers – including higher densities and intensification of use in these key
areas.
BACKGROUND:The Downtown Bozeman Partnership along with several community partners
would like to design and construct I-Ho Peace Park in memorial of our
beloved commissioner I-Ho Pomeroy, in what is now the North Black Packet
Park at the corner of Black Avenue and Mendenhall. This Task Order request
is under the current City of Bozeman Urban Renewal District Term Contract
with Sanderson Stewart and will provide the initial engineering and
architectural designs needed to begin work on the park.
UNRESOLVED ISSUES:none
ALTERNATIVES:none
FISCAL EFFECTS:Costs proposed as time and materials. Additional funds to support project to
be collected from additional community partners.
Attachments:
URD Task Order Form - I-Ho Peace Park (003).pdf
Report compiled on: April 29, 2024
141
City of Bozeman Urban Renewal District Term Contract
Task Order Number #DTN24-002
PROJECT: I-Ho Peace Park
Issued under the authority of Urban Renewal District Term Contract Professional
Services Agreement with Sanderson Stewart for Architectural and Engineering
Services.
This Task Order is dated April 30, 2024 between the City of Bozeman Downtown Urban
Renewal District (URD) and Sanderson Stewart (Contractor).
The following representatives have been designated for the work performed under this
Task Order:
Downtown URD: Ellie Staley, Director
Contractor: Kendra Piedalue, Sanderson Stewart
SCOPE OF WORK: The scope for this task order includes creating a memorial for I-Ho
Pomeroy. Currently, the memorial will be located at the existing pocket park on the
corner of Black and Mendenhall streets in downtown Bozeman.
See attached Exhibit A for more detail on the proposed scope of work.
COMPENSATION: Sanderson Stewart will bill for its services on a time-and-materials
basis. Sanderson Stewart shall submit invoices to the City of Bozeman for work
accomplished during each calendar month. The amount of each monthly invoice shall
be determined on the “time-and-materials basis” according to the attached standard rate
sheet for Sanderson Stewart. Monthly invoices shall include, separately listed, any
charges for services for which time charges and/or unit costs shall apply. The provisions
of the Professional Services Agreement shall govern the Work.
IN WITNESS WHEREOF, the parties authorized to commit resources of the parties
have executed this Task Order:
City of Bozeman Sanderson Stewart
Chuck Winn, Acting City Manager Danielle Scharf, Principal
142
EXHIBIT A
Scope of Work
The following is a list of initial tasks and deliverables that Sanderson Stewart is
proposing and has been provided to help guide the process. The list is not exhaustive
and may be added to as the project develops.
1. Kickoff
This task consists of kicking off the project and meeting with the various partners
and interested parties, reviewing ideas, etc. This process involves the following
subtasks:
• Project management, coordination, and correspondence, weekly project
progress reports, and collaboration with internal team, and Downtown
URD staff
• Site visit
• Meetings with partners and interested parties that include the following:
o City of Bozeman, Downtown Bozeman Partnership, Rotary,
adjacent and nearby property owners
o I-Ho’s family
o Korean heritage/art advisor
• Review memorial ideas
2. Concept Design
This task consists of developing concept plans and imagery for review by the
Partners and Family. This process involves the following subtasks:
• Project management, coordination, and correspondence, weekly project
progress reports, and collaboration with internal team, and Downtown
URD staff
• Review applicable codes
• Conduct internal design charette and site visit
• Develop up to two (2) preliminary concept plan designs
• Provide precedent images and material boards for design features
• Review Korean heritage ideas/designs with advisor
• Review preliminary concepts with Partners and Family, and use feedback
to create a final concept plan draft
Meetings:
• Meetings with Partners and Family to review concepts
• Site visits as needed to review site constraints and opportunities
Deliverables:
143
• (2) preliminary concept plans
• (1) Precedent Images board
• (1) Materials board
3. Final Concept Site Plan
This task involves the production of the final concept site plan and supporting
materials. This process involves the following subtasks:
• Project management, coordination, and correspondence, weekly project
progress reports, and collaboration with internal team, and Downtown
URD staff
• Create one (1) draft concept plan based on feedback from Task 2’s review
of the two (2) preliminary concept plans.
• Review the final concept plan draft and imagery with Partners and Family
for approval.
• Create a final Concept Plan to be developed into construction documents
Meetings:
• Meetings with Partners and Family
o Note: The number of meetings is dependent on how many revisions
are made to create the final site plan and supporting materials that
will be used for fundraising.
Final Deliverables:
• Color-rendered illustrative site plan of the final concept.
• Up to (2) concept perspectives or elevation renderings
• Precedent imagery and materials board
• Draft supporting narrative
4. Construction Documents
After the concept plan is finalized, the next steps would be to develop the design
and create construction documents for the construction of the project. During
this task, the plan would be submitted for necessary review and permitting by the
City. This process involves the following subtasks:
• Project management, coordination, and correspondence, weekly project
progress reports, and collaboration with internal team, and Downtown
URD staff
• Conduct field survey to pick up any additional topographic, infrastructure,
and utiliies, not surveyed with previous phases of the pocket park
development.
• Prepare construction documents that include furniture selections,
additional plantings, hardscapes, irrigation
• Coordination with artist and fabricators as needed
144
• Pertinent submittals to the City for review and permitting
• Revising construction documents per City comments
Final Deliverables:
• Construction documents
5. Bidding Assistance and Construction Administration
Sanderson Stewart will provide limited bidding assistance and limited
construction assistance, including the following:
• Project management and coordination
• Review of shop drawing submittals
• Respond to Requests for Information
• Conduct site visits during construction, as needed to ensure completion of
work is based on construction documents
• Conduct final inspection/walkthrough of the site
145
Memorandum
REPORT TO:City Commission
FROM:Jessica Ahlstrom, Water Conservation Program Manager
Shawn Kohtz, Director of Utilities
SUBJECT:Resolution 5586 Adopting the City of Bozeman Landscape and Irrigation
Performance and Design Standards Manual
MEETING DATE:May 14, 2024
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:I hereby move that the City Commission pass, adopt, and approve Resolution
5586, approving the adoption of the City of Bozeman Landscape and
Irrigation Performance and Design Standards Manual.
STRATEGIC PLAN:6.1 Clean Water Supplies: Ensure adequate supplies of clean water for today
and tomorrow.
BACKGROUND:On February 15, 2022, the City Commission held a work session to discuss
the development and implementation of required water efficient landscape
and irrigation performance and design standards for new development. City
staff proposed three ‘tiers’ of standards (tier 1, 2, and 3), each including a
different suite of requirements that were projected to result in relatively
low, medium, and high levels of water saved, respectively. The City
Commission directed staff to develop standards that aligned with tier 3,
which was estimated to result in the greatest water savings. This ‘tier 3’
water efficient landscape ordinance was included as a recommended
program measure in the 2023 Water Conservation and Efficiency Plan and is
estimated to save 1,291 acre-feet of water in the year 2040 compared to
development without the standards in place.
Standards were developed by reviewing national and supply-constrained
western state standards, considering the financial impacts of the standards,
analyzing Bozeman’s water use trends and achievable savings through the
implementation of various standards, and engaging with community
members.
The landscape standards reduce the installation of high water use turfgrass,
ensure adequate soil quantity and quality that supports healthy plants and
reduces water use, and increase the installation of drought adapted
landscaping in future development. The standards include limits on the
amount of turfgrass permitted to be installed in new development. Two
separate project/plan approval ‘pathways’ have been developed for project
applicants to choose from to meet future landscaping requirements. These
pathways are intended to provide 1) a simple pathway to receive design
146
approval and, 2) a pathway to accommodate greater design flexibility. The
applicant chooses which pathway to use.
The irrigation standards ensure that irrigation systems installed in future
development projects achieve water use efficiency through proper design
and performance. The standards include requiring high efficiency irrigation
nozzles, weather-based irrigation controllers, adequate operating pressure,
proper ‘hydrozoning’ aligned with industry best management practice and
prohibiting overhead spray irrigation in narrow landscaped areas prone to
runoff and water waste.
Resolution 5586, the City of Bozeman Landscape and Irrigation Performance
and Design Standards Manual (Manual), outlines specific landscape and
irrigation requirements for new development projects to ensure that water
savings is achieved through efficient design and performance. Ordinance
2155 references the Manual and includes a text amendment in BMC
38.550.020 to authorize the City Commission to adopt the Manual pursuant
to resolution.
The City Commission provisionally adopted Ordinance 2155 unanimously on
April 23, 2024. For details, please see the video of the April 23rd meeting
beginning at 52:50 minutes in the recording and the City Commission packet
for the meeting beginning on page 159. During provisional adoption, the
Commission made a motion to revise the turfgrass limit to a maximum
turfgrass area of 400 square feet or 35% of landscaped area, whichever is
more, to all lots subject to sketch plan review. This amendment is included
in the following pages of the Manual:
• Page 9 – Required Landscape and Irrigation Performance and Design
Criteria for Sketch Plan Projects, which states that, ‘turfgrass areas may not
exceed 35 percent of the total landscaped area or 400 square feet,
whichever is more.’
• Page 38 – Appendix E: Building Permit Landscape and Irrigation Self-
Certification Form, which states that, ‘turfgrass areas may not exceed 35
percent of the total landscaped area or 400 square feet, whichever is more.’
Additional minor text clarifications that do not alter the intent or scope of
the Manual were made after the April 23, 2024 City Commission meeting to
ensure that the Manual is as clear and easy to understand as possible. These
include:
• Exemption for temporary irrigation - a clarification was made to require
that project applicants define and identify temporary irrigation areas on the
irrigation design plan. The previous language referenced the landscape
design plan. Revised language is as follows:
o Page 5: ‘If temporary irrigation is used, project applicants must define
and identify on the irrigation design plan all the following for each plant
material type and area’:
• Overhead irrigation nozzle requirements for all project types - a
clarification was made to require that overhead irrigation must consist of
multi-stream, multi-trajectory (MSMT) nozzles, or an approved equal, and/or
rotors. The previous language did not include reference to an ‘approved
147
equal’. This clarification was made to ensure that irrigation nozzle
technologies that achieve the same efficiency standard as MSMT’s are not
excluded from the Manual. Revised language is as follows:
o Page 10, 21, 22, and 39: ‘Overhead irrigation must consist of multi-
stream, multi-trajectory (MSMT) nozzles, or an approved equal, and/or
rotors’.
• Pre-installation meeting discussion topics for plats, site plans, and
planned development zones – a clarification was made that compliance with
the Manual is required before releasing a security as provided by an
improvement’s agreement. The previous language outlined that compliance
is required prior to receiving a final certificate of occupancy but did not
reference improvements agreements, which are often utilized for
landscaping projects due to the relatively short season in which landscaping
can be installed. Revised language is as follows:
o Page 12: ‘Installation of landscaping and irrigation according to the
approved landscaping and irrigation plan and requirements of this Manual,
which is required to receive a final certificate of occupancy or releasing a
security as provided by an improvement’s agreement’.
• Landscape design plan requirements for preliminary plat, final plan, and
site plan – a clarification was made to specify that the list of required and
proposed trees on the landscape design plan include those that are intended
to meet the tree requirements outside of parking lots and boulevards,
specifically. The previous language did not specify that the list of trees
include those outside of existing parking lot and boulevard requirements.
This clarification was made to ensure that the review authority is able to
identify trees proposed to be installed to meet tree density requirements
outlined on page 16 of the Manual under the ‘Tree Requirements Outside of
Parking Lots and Boulevards’ section, specifically. Revised language is as
follows:
o Page 19: ‘The number of required trees, proposed trees, and proposed
canopy trees to meet the tree requirements outside of parking lots and
boulevards’.
• Tree requirements outside of parking lots and boulevards – a clarification
was made to establish that the requirement for 1 tree per 1,600 square feet
of landscaped area is a minimum requirement. The previous language did
not specify that the requirement is a minimum standard. This clarification
was made to ensure that more trees may be installed if desired, and that this
new requirement simply establishes a minimum standard. Revised language
is as follows:
o Page 16: ‘Trees must be planted at a minimum rate of 1 per 1600 square
feet of landscaped area.’
Adoption of Resolution 5586 is in conjunction with final adoption of
Ordinance 2155.
UNRESOLVED ISSUES:None.
148
ALTERNATIVES:As suggested by the Commission.
FISCAL EFFECTS:None.
Attachments:
Resolution 5586_Landscape and Irrigation Performance and
Design Standards Manual_FINAL.pdf
Report compiled on: April 25, 2024
149
Version April 2020
Resolution 5586 - Page 1 of 2 -
RESOLUTION 5586
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, ADOPTING THE CITY OF BOZEMAN LANDSCAPE AND IRRIGATION
PERFORMANCE AND DESIGN STANDARDS MANUAL
WHEREAS, on May 14, 2024, the City Commission finally adopted Ordinance 2155 to
establish new water efficient landscape and irrigation performance and design standards; and
WHEREAS, Ordinance 2155 authorizes the City Commission to adopt via resolution the
Landscape and Irrigation Performance and Design Standards Manual to implement the landscape
and irrigation regulations of Ordinance 2155.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, to wit:
Section 1
The City Commission of the City of Bozeman adopts the Landscape and Irrigation
Performance and Design Standards Manual pursuant to Section 35 of Ordinance 2155.
Section 2
A copy of the Landscape and Irrigation Performance and Design Standards Manual is
attached as Exhibit "A" and incorporated into this Resolution.
Section 3
The effective date of this resolution is June 15th, 2024.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the _____ day of ________, 2024.
150
Version April 2020
Resolution 5586 - Page 2 of 2 -
___________________________________
TERRY CUNNINGHAM
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
151
EXHIBIT A:
City of Bozeman Landscape and Irrigation
Performance and Design Standards Manual
4/27/2024
152
i
TABLE OF CONTENTS
Section Page No.
1 INTRODUCTION .................................................................................................................................................. 3
1.1 Purpose ...................................................................................................................................................... 3
1.2 Authority and Applicability ........................................................................................................................ 3
1.3 Exemptions ................................................................................................................................................. 4
1.4 Departures ................................................................................................................................................. 6
1.5 Figures ........................................................................................................................................................ 8
2 SKETCH PLAN PROJECTS ..................................................................................................................................... 9
2.1 Submittal Requirements ............................................................................................................................ 9
2.2 Required Landscape and Irrigation Performance and Design Criteria ....................................................... 9
3 PLAT, SITE PLAN, AND PLANNED DEVELOPMENT ZONE PROJECTS ................................................................. 12
3.1 Submittal Requirements .......................................................................................................................... 12
3.1.1 Plan Review Landscape Documentation Package ......................................................................... 12
3.1.2 Building Permit Landscape & Irrigation Self-Certification Form ................................................... 12
3.1.3 Pre-Installation Meeting/Soils Approval or Certification .............................................................. 12
3.1.4 Landscape Installation Certificate of Completion (Appendix F) .................................................... 13
3.2 Landscape Design Requirements ............................................................................................................. 13
3.2.1 Landscape Design Standards ......................................................................................................... 13
Landscapes must be designed pursuant to the standards of this Section. _______________ 13
Landscape Design Approval Pathways ___________________________________________ 13
Landscaped Area Coverage Requirements _______________________________________ 14
Parking Lot Requirements ____________________________________________________ 16
Tree Requirements Outside of Parking Lots and Boulevards__________________________ 16
Soil Preparation and Amendment Requirements __________________________________ 18
3.2.2 Landscape Design Plan Requirements .......................................................................................... 18
Required Elements of the Landscape Design Plan for Preliminary Plat __________________ 18
Required Elements of the Landscape Design Plan for Final Plat and Site Plan ____________ 19
3.2.3 Landscape Requirements for Boulevards and Street Medians ..................................................... 20
Collector, Arterial, and Local Street Boulevards ___________________________________ 20
Street Medians _____________________________________________________________ 20
3.3 Irrigation Design Requirements ............................................................................................................... 21
3.3.1 Irrigation Design Standards ........................................................................................................... 21
Backflow Device and Controller ________________________________________________ 21
Sprinklers/Overhead Irrigation ________________________________________________ 21
Drip Irrigation ______________________________________________________________ 21
Irrigation Stations/Zones _____________________________________________________ 21
System ___________________________________________________________________ 22
153
ii
3.3.2 Irrigation Building Additions and Remodel Improvements ........................................................... 22
3.3.3 Irrigation Design Plan Requirements ............................................................................................ 22
Required Elements of the Irrigation System Design Plan for Preliminary Plat ____________ 22
Required Elements of the Irrigation System Design Plan for Final Plat or Site Plan ________ 23
3.3.4 Irrigation Operation and Maintenance ......................................................................................... 25
3.3.5 Irrigation Requirements for Boulevards and Street Medians ....................................................... 26
Collector, Arterial, and Local Street Boulevards ___________________________________ 26
Street Medians _____________________________________________________________ 26
3.3.6 Irrigation Requirements for Public Parks ...................................................................................... 26
APPENDIX A: DEFINITIONS .................................................................................................................................... 27
APPENDIX B: WATER BUDGET CALCULATOR (PERFORMANCE PATHWAY ONLY) ................................................. 31
APPENDIX C: PLANT LIST ....................................................................................................................................... 32
APPENDIX D: WATER BUDGET CALCULATOR INFORMATION ............................................................................... 33
APPENDIX E: BUILDING PERMIT LANDSCAPE & IRRIGATION SELF-CERTIFICATION FORM ................................... 38
APPENDIX F: LANDSCAPE INSTALLATION CERTIFICATE OF COMPLETION ............................................................ 41
154
3
1 INTRODUCTION
This Landscape and Irrigation Performance and Design Standards Manual (“Manual”), was developed to
establish water efficient landscape and irrigation performance and design standards required pursuant to
Bozeman Municipal Code (BMC) 38.550.060. The water efficient landscape and irrigation performance and
design standards promote the design, installation, and maintenance of landscaping and irrigation in a manner
that conserves local water resources by ensuring that landscaping projects are not unduly water-needy and that
irrigation systems are appropriately designed and installed to minimize water waste.
Other regulations affecting landscape and irrigation performance, design and maintenance standards may be
applicable and should be consulted as needed. These regulations include but may not be limited to:
1) Water Conservation and Drought Response Regulations of the City of Bozeman, located on the City of
Bozeman Water Conservation Division webpage;
2) The City’s Zoning Code;
3) The City’s Utility Code;
4) The City’s Building Code; and
5) Conditions of approval for a specific development project. For more information about conditions of
approval, contact the Community Development Department.
Failure to comply with the requirements of this Manual, the approved landscape and irrigation plan, and any
required conditions of approval related to this Manual or the landscape and irrigation plan may result in a stop
work order or withholding of a certificate of occupancy pursuant to BMC 10.02.010, or other lawful sanction.
1.1 Purpose
The purpose of this Manual is to provide procedural and design requirements for development project applicants
proposing landscape and irrigation installation subject to the requirements of the Bozeman Municipal Code. This
document is also intended for use and reference by City of Bozeman (“City”) staff in reviewing and approving
designs and verifying compliance with the BMC.
1.2 Authority and Applicability
BMC 38.550.020 provides authority to the Bozeman City Commission to adopt standards and guidelines
implementing division 38.550 of the BMC.
BMC 38.200.010 authorizes the Director of Utilities to approve, approve with conditions or deny landscape and
irrigation plans per BMC 38.550.060.
Landscape design and irrigation requirements apply to all the following landscape projects:
1) Sketch Plans: New single household, townhome, duplex, triplex, and fourplex developments subject to
requirements outlined in BMC 38.230.070.
Applicants are afforded a streamlined approach to ensuring landscaping and irrigation is compliant with
standards through the submittal of a self-certification form included in Appendix E of this Manual.
2) Plats, Site Plans, Planned Development Zones: All development projects subject to the requirements
outlined in BMC. 38.550.040.
Applicants must create compliant landscape designs via one of two design pathway options: the prescriptive
(percentage-based) design approach; or the performance (water budget-based) design approach.
The prescriptive pathway provides a simple, but less flexible, pathway to receive landscape design
approval. This pathway limits the total amount of turfgrass permitted to be installed to a certain percentage
155
4
of the total landscaped area1. The remaining landscaped area is limited to the installation of drought-
adapted or drought-tolerant plants, and landscape design elements such as rock mulch and wood mulch.
The performance pathway provides flexibility in landscape design by limiting the total amount of
supplemental water required by the entire landscaped area to meet vegetation water demand, rather than
setting limits on the installation of certain vegetation types.
The prescriptive and performance pathway achieve similar water savings and therefore result in a
substantially equivalent water conservation standard.
1.3 Exemptions
Certain projects, plant materials, and irrigation types are exempt from some or all the landscape and irrigation
requirements set forth in this Manual. Situations and project types that may warrant an exemption from these
requirements are outlined in this Section.
Unless otherwise determined by the review authority, the standards outlined in this Manual do not apply to:
1) Reclamation and restoration projects such as superfund sites and brownfields that do not require a
permanent irrigation system; and
2) Plant collections as part of botanical gardens, and arboretums open to the public.
Edible Gardens and Urban Farming
The City recognizes the importance of edible gardens and urban farming as a reliable source of food for residents.
In general, areas dedicated to edible gardens and urban farming are not subject to the requirements of this
Manual if all of the following criteria are met:
1) Edible gardens must be included on the landscape plan, including total square footage. Edible garden areas
need not be included: (i) in the water budget calculation for determining compliance with the performance-
based approach to landscape design creation; (ii) the area calculations required to demonstrate compliance
with the prescriptive, percentage-based approach to landscape design creation; (iii) as part of the site area
coverage requirement; (iv) nor are edible gardens considered part of the landscaped area.
2) If connected to an automated irrigation system, drip irrigation must be utilized. Automated overhead
irrigation, including the use of micro-sprays, is prohibited in these areas.
3) If an automated irrigation system is installed and not used to irrigate the area dedicated to edible gardens,
the system must be disabled.
Temporary Irrigation
In some cases, the germination of native seed and the establishment of low and very-low-water-use plants may
only require temporary irrigation. In general, landscaped areas that are irrigated solely by a temporary irrigation
system are exempt from meeting irrigation requirements outlined in Section 3 of this Manual. The following
requirements apply to the installation and use of temporary irrigation systems:
1) Temporary irrigation is afforded a water demand of 2.3 gallons per square foot regardless of plant type.
2) Temporary irrigation may be achieved through multiple methods including, but not limited to:
a) A permanent underground irrigation system that is later disabled;
b) A temporary surface irrigation system that is later removed;
c) The use of a handheld watering device such as a bucket, hose, or soaker hose;
d) Hauled water.
1 See Appendix A – Definitions, for the definition of landscaped area.
156
5
3) If temporary irrigation is used, project applicants must define and identify on the irrigation design plan all
the following for each plant material type and area:
a) Total area (square feet) receiving only temporary irrigation;
b) Temporary establishment irrigation method. All temporary overhead irrigation must use rotors or multi-
spray, multi-trajectory rotary nozzles. Temporary overhead irrigation must be designed to achieve head
to head coverage;
c) Duration of establishment period. The establishment period may not exceed three years unless
otherwise approved by the review authority;
d) Application rates; and
e) Monthly and annual water demand totals for the establishment period.
4) Temporary irrigation must be clearly labeled and identified on the irrigation design plan and must specify
whether overhead or drip irrigation will be used.
5) Signage is encouraged. The City encourages the applicant to install a temporary waterproof sign in a location
visible from each adjacent road stating the following:
a) TEMPORARY IRRIGATION;
b) Dates of the temporary irrigation;
c) Contractor’s contact information.
6) All temporary irrigation systems must be disabled at the end of the establishment period. Methods for
disabling irrigation include but are not limited to disconnecting wires for control valves in the controller,
setting runtimes for establishment period zones to zero, or physically removing components of the zone(s)
so it may no longer operate. Any temporary irrigation installed above ground must be physically removed.
Plant Nurseries
Commercially licensed nurseries irrigating plants for retail or wholesale sale are not subject to the requirements
of this Manual.
Watercourse Setback Planting Plans
Watercourse setbacks are exempt from landscaping requirements including the site area coverage requirement
and are not part of the landscaped area. However, watercourse setback plantings must meet requirements
outlined in BMC 38.410.100.A.2.f. Irrigation is not required in the watercourse setback, but if irrigation is to be
installed within the watercourse setback, the irrigation system must meet requirements outlined in this Manual.
Existing watercourse setback plantings are excluded from the Water Budget Calculator.
Stormwater Detention or Retention Ponds
Stormwater detention and retention ponds are exempt from landscaping requirements including the site area
coverage requirement and are not part of the landscaped area if irrigation is not installed. Stormwater detention
or retention plantings must meet requirements outlined in BMC 38.410.080. Irrigation is not required in the
detention or retention pond area, but if irrigation is to be installed, the irrigation system must meet
requirements outlined in this Manual, be included in the Water Budget Calculator, and is subject to vegetation
percentage limitations.
Water Treatment and Low-Impact Development
Constructed wetlands used for water treatment on the property, habitat protection, or stormwater best
management practices are not subject to the Water Budget Calculator or vegetation percentage limitations, site
area coverage requirements, and are not considered as part of the landscaped area. Irrigation is not required in
these areas, but if irrigation is to be installed, the irrigation system must meet requirements outlined in this
Manual, be included in the Water Budget Calculator, and is subject to vegetation percentage limitations.
Public Parks
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Public parks include parkland dedicated to the City and lands maintained by the City for recreation and park
purposes. Parks may require the installation of plant material that requires more water than the water
conservation standards outlined in this Manual authorizes. As a result, public parks are exempt from the
landscaping requirements outlined in this Manual. To further City water conservation goals, public parks must
adhere to irrigation requirements listed in Section 3 of this Manual.
1.4 Departures
To achieve the optimal design and function of a property or project, it may be necessary and beneficial to depart
from the landscape and irrigation requirements set forth in this Manual per BMC 38.250.060. Situations and
project types that may warrant a departure from these requirements are outlined in this Section. The request
for a departure must be submitted with the initial application for any development. Locations qualifying for the
departure must be clearly identified on the landscape or site plan. Review times and processes are coordinated
with the overall development application.
The following types of departures are available:
Established Vegetation Preservation
1) Purpose. To encourage the preservation of existing established vegetation, including but not limited to
trees, shrubs, perennials, bunchgrasses, and/or groundcovers that use less water than new vegetation.
2) Description. Development sites may include existing established vegetation if such vegetation can be
preserved on site.
3) Procedures. The review authority may allow areas of healthy, established vegetation to be included in the
total landscaped area for the purposes of meeting requirements outlined in this Manual. These areas will
have a water use value of zero gallons per square foot per year when calculating the irrigation water
requirement (IWR) unless irrigation is added to support the existing vegetation.
4) Criteria. To approve this departure, the review authority must determine the following criteria are met:
a) The existing vegetation is healthy;
Note: For the preservation of existing trees, an International Society of Arboriculture (ISA) certified
arborist must determine that the tree(s) proposed to be preserved on site are healthy.
b) The existing vegetation does not contain noxious or invasive plants;
c) The existing vegetation has a high chance of survival after project completion;
d) The existing vegetation will be appropriately protected during project construction; and
e) New irrigation is not necessary to support the established vegetation.
Historic Preservation
1) Purpose. To encourage the preservation of existing, established trees in the Neighborhood Conservation
Overlay District (NCOD). This departure applies only to development occurring in the NCOD.
2) Description. A healthy, established, urban tree canopy provides numerous benefits to the community
including reduced water demands for the vegetation under the tree canopy. Trees within the NCOD are
typically large, established trees that contribute to these benefits. As a result, preserving these trees will
result in an increased allowance for turfgrass or other groundcover that will require less water because of
the existing established tree canopy.
3) Procedures. The review authority may approve departures from the landscape and irrigation requirements
in this Manual if healthy, established trees are preserved on site. In this case, up to 15% additional turfgrass,
or its equivalent in water use, may be planted and irrigated depending on the size of the healthy, preserved
tree(s). These trees may also apply towards the tree planting requirement listed in Section 3 of this Manual.
4) Criteria. To approve this departure, the review authority must determine the following criteria are met:
a) The tree is deemed healthy by an International Society of Arboriculture (ISA) certified arborist and is at
or near its mature, established size for its species;
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b) The allowance of up to 15% additional turfgrass, or its equivalent water use, is based off tree canopy
area. The additional turf allowed is equal to 30% of the area provided by the tree’s canopy, per tree. For
example, one tree with a 30’ canopy allows for 215 square feet of additional turf.
c) The areas to receive additional turf, or its planting equivalent, will be shaded by the preserved tree(s) as
much as possible;
d) The tree(s) has a high chance of survival after project completion; and
e) The tree(s) will be protected from damage during project construction.
Open Space Recreation Areas
1) Purpose. To accommodate open space areas dedicated solely to an active recreation activity. This departure
applies only to privately owned open space subject to BMC 38.360.250. and BMC 38.520.060.
2) Description. Open space areas within a development committed to active recreational play provide positive
benefits to residents of that development. These areas are subject to high foot traffic, and typically turfgrass
is used to support recreational play in these areas.
3) Procedures. The review authority may approve a departure from the landscape requirements included in
this Manual if additional turfgrass is required for a dedicated active recreation activity.
4) Criteria. To approve this departure, the review authority must determine the following criteria are met:
a) Recreation areas are designed in the most efficient configuration to maximize irrigation efficiency;
b) A need for the additional turfgrass is demonstrated by addressing the proximity, or lack thereof, to
similar nearby recreation areas;
c) The activities to be used in the open space area are defined and a description of how the layout and use
of turfgrass is necessary for its function is included;
d) If the open space area also includes stormwater features, the stormwater features must not impede on
the area’s ability to provide recreational benefits;
e) No additional turfgrass outside of the recreation area(s) is included once the maximum turfgrass amount
has been exceeded; and
f) The remaining landscaped area includes low or very low water use plantings.
Cemeteries
1) Purpose. To allow for the installation of turfgrass in cemeteries.
2) Description. Turfgrass is the predominate plant type in cemeteries and continues to be part of the function
and expected aesthetic in these areas.
3) Procedures. The review authority may approve a departure from the landscape requirements included in
this Manual if additional turfgrass is necessary or required for these spaces.
4) Criteria. To approve this departure, the review authority must determine the following criteria are met:
a) No additional turfgrass is included in areas where the turfgrass is not providing essential functions for
the cemetery; and
b) The remaining landscaped area includes low or very low water use plantings.
Previously Established City Project Specific Conflicting Condition
1) Purpose. To resolve conflict between the standards established in this Manual and project specific
conditions imposed under prior regulations during the redevelopment or further development of the site
and qualifying under criteria established below.
2) Description. To provide relief from standards that may otherwise require a variance or other non-
administrative method of addressing conflict established by prior land use decisions of the city.
3) Procedures. The review authority may allow alternate landscaping plant palettes, irrigation configurations,
plant coverage percentages, or other specific numeric standard established in this manual.
4) Criteria. To approve this departure, the review authority must determine all the following criteria are met:
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a) The non-compliance with the standards of this Manual is the direct result of a project specific condition
established by a decision to approve a land use application by the city of Bozeman prior to the effective
date of this manual;
b) The applicant can provide the specific language of the condition and associated project review
identifying number for the original application;
c) The conflict cannot be resolved by an administratively approved amendment to the previously approved
subdivision, site plan, planned unit development, or planned development zone application;
d) The current application under review does not require full compliance with the standards of Chapter 38,
BMC;
e) With the requested departure, the approved project advances the purposes of water conservation and
reduces irrigation water use beyond the existing conditions on the site if the site has been previously
developed; and
f) The approved departure must be the least departure from the standards of this manual that allows the
conflict to be resolved.
1.5 Figures
The figures in this Manual are for illustrative purposes only and do not constitute regulatory standards. Figures
may be revised, replaced, or added by the Water Conservation Division by administrative order issued by the
Director of Utilities.
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2 SKETCH PLAN PROJECTS
New single household, townhome, duplex, triplex, and fourplex developments subject to requirements outlined
in BMC 38.230.070 must meet the landscape and irrigation requirements outlined in this Section.
2.1 Submittal Requirements
The purpose of this Section is to establish landscape and irrigation submittal requirements that must be provided
to the City for new single household, townhome, duplex, triplex, and fourplex developments not subject to
Section 3 requirements, below.
Applicants must submit a completed, signed, and dated Building Permit Landscape & Irrigation Self-Certification
Form verifying compliance with landscape and irrigation performance and design criteria outlined in this Section.
This form may be approved administratively by the Community Development Department or Utilities
Department. The form is included in Appendix E in this Manual and is available on the City’s website.
2.2 Required Landscape and Irrigation Performance and Design Criteria
The purpose of this Section is to establish required landscape and irrigation performance and design criteria for
new single household, townhome, duplex, triplex, and fourplex developments not subject to Section 3
requirements, below.
The landscaping to be installed must meet the following standards:
1) Turfgrass areas may not exceed 35 percent of the total landscaped area or 400 square feet, whichever is
more. Non-turfgrass landscaped areas must consist solely of low and/or very low water use vegetation,
(plant factor of 0.3 or less), and landscape design elements such as rock mulch and wood mulch, except for
raised beds dedicated to edible gardens. Please refer to the City of Bozeman plant list for acceptable plant
types. It is strongly encouraged to install at least 50% native plants in the overall landscape.
2) In lieu of compliance with 1 (above), for those seeking more landscape design flexibility, a landscape water
budget demonstrating the landscape does not exceed an average annual irrigation demand of 10 gallons per
square foot for the entire landscaped area may be provided. Project applicants pursuing the water budget
approach must provide a completed Water Budget Calculator as outlined in Appendix B with the signed and
dated Building Permit Landscape & Irrigation Self-Certification Form.
3) For whichever approach is selected in 1 and 2 (above), the following apply:
a) A minimum of 75 percent of trees must be drought adapted or have a plant factor of 0.3 or less.
b) At least 60 percent of the site area not included in footprints of buildings or structures, sidewalks,
driveways, walkways, or other hardscaped areas, such as decks or pervious pavers, must be landscaped
and maintained with some combination of vegetative understory plantings, such as shrubs, perennials,
turfgrass, creeping or rooting groundcovers, or other living plants (excluding weeds). The installation of
at least 50% native plants in the overall landscape is encouraged.
c) Landscaped areas must have at least 6 inches of topsoil depth throughout the entire planted area. The
building footprint and all areas within 5 feet of the actual building are exempt from the topsoil
requirement. The topsoil requirement may be met by implementing one of the following methods prior
to planting:
i) Amend existing topsoil at a rate of 4 cubic yards of compost/1000 square feet;
ii) Amend existing topsoil based on the recommendations of a soil test; or
iii) Import topsoil to achieve a minimum depth of 6 inches of topsoil.
d) A minimum three-inch layer of mulch must be applied on all exposed soil surfaces of planting areas
except for turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is
disadvantageous.
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e) Rock mulch is discouraged around private trees and prohibited around public, boulevard trees. Public,
boulevard trees must have a 3’ diameter wood mulch ring 3”-4” in depth.
f) Tree diversity requirements must be met according to the table below.
Deciduous and Evergreen Tree Plant Diversity Table
Number of Trees Maximum % of Single Species
1-5 Can have 100% of one species
6-10 Maximum 50% of any one species
11-20 Maximum 33% of any one species
21+ Maximum 25% of any one species
Figure 1: A single residential household showing the 35% turfgrass limit with the remaining 60% coverage requirement
satisfied by shrubs and perennials.
Irrigation is not required for development projects subject to this Section. However, in areas where irrigation
is to be installed, the irrigation must meet the following standards:
1) Backflow prevention devices are required (compliance with local plumbing code).
2) Irrigation controllers labeled by U.S. Environmental Protection Agency’s WaterSense® Program must be
installed on the irrigation system. Sensors (rain, freeze, wind, ET, soil moisture, etc.), either integral or
auxiliary, that suspend or alter irrigation operation during unfavorable weather conditions or when sufficient
soil moisture is present are required.
3) Overhead irrigation must consist of multi-stream, multi-trajectory (MSMT) nozzles, or an approved equal,
and/or rotors.
4) Overhead irrigation must use a 6 inch minimum riser.
5) Sprinkler heads must be spaced 2 inches minimum from hardscape edges.
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6) Irrigation systems must be designed to properly address hydrozoning in the landscape (plants with similar
water needs are irrigated by the same valve or controller station).
7) Trees must be on a separate irrigation valve(s) from other plant types to allow for a unique watering schedule
during drought-related outdoor watering restrictions. Drip irrigation, such as emitters, root watering
systems, or bubblers, must be used to irrigate trees.
8) Drip irrigation must be used in all landscaped areas outside of turfgrass areas (except in areas without
irrigation).
9) Areas less than 8 feet wide must be irrigated with drip irrigation, either subsurface or above ground.
Overhead irrigation is prohibited in areas less than 8 feet wide unless being used for temporary
establishment purposes only.
10) Irrigation systems must be installed to achieve optimal operating pressure. This may be accomplished by
using pressure regulators at the zone valve or integrated into the sprinkler body. It is encouraged to use
sprinkler bodies with integrated pressure regulators.
11) It is encouraged to connect all sprinkler bodies to the lateral line with flexible swing joints or swing pipe.
12) Irrigation pipe installed under hardscape surfaces must be sleeved in a rigid pipe.
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3 PLAT, SITE PLAN, AND PLANNED DEVELOPMENT ZONE PROJECTS
Any site development that is not subject to Section 2, above, is subject to this Section 3. Any projects subject to
BMC. 38.550.040 must meet landscape and irrigation requirements outlined in this Section and must receive
landscape and irrigation plan approval from the review authority before proceeding with landscape and
irrigation project installation.
These landscape and irrigation requirements also apply to landscaped open space areas that do not fall under
the Exemptions or Departures Sections of this Manual.
3.1 Submittal Requirements
The purpose of this Section is to establish submittal requirements that must be provided to the review authority
to receive landscape and irrigation design approval.
3.1.1 Plan Review Landscape Documentation Package
A Landscape Documentation Package must be submitted by the project applicant as part of the application to
the Community Development Department. Applicant must receive approval prior to landscape and irrigation
installation, including the issuance of any permits. Unless otherwise required by the Director of Community
Development, the Landscape Documentation Package must include the following elements either on plan sheets
or supplemental pages as required by the Director of Community Development:
1) Completed Landscape Design Plan meeting criteria outlined in Section 3.2 based on development type;
2) Completed Irrigation Design Plan meeting criteria outlined in Section 3.3 based on development type; and
3) Water Budget Calculator for Performance (water budget-based) Design Projects Only (Appendix B).
The Landscape Documentation Package is not applicable to new single household, townhome, duplex,
triplex, or fourplex developments that are subject to Sketch Plan requirements outlined in Section 2 of this
Manual.
3.1.2 Building Permit Landscape & Irrigation Self-Certification Form
A signed copy of the Building Permit Landscape & Irrigation Self-Certification Form (Appendix E) is necessary to
receive a building permit.
3.1.3 Pre-Installation Meeting/Soils Approval or Certification
Prior to commencing any work, the applicant must contact the Water Conservation Division to schedule a pre-
installation meeting. The pre-installation meeting will address the following:
1) The approved landscape and irrigation plan and requirements of this Manual;
2) Timing of required inspections including the final inspection to obtain a certificate of completion;
3) Soil amendment requirements and the process for approval of installed soil, including the party responsible
for soils inspection;
4) Discussion of the day and hours for irrigation scheduling after installation;
5) The process required for making changes to the approved landscape and irrigation plan; and
6) Installation of landscaping and irrigation according to the approved landscaping and irrigation plan and
requirements of this Manual, which is required to receive a final certificate of occupancy or releasing a
security as provided by an improvement’s agreement.
The pre-installation meeting must include all contractors responsible for the installation of the landscape and
irrigation systems. This may include: the applicant’s general contractor, the landscape architect or other design
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professional responsible for the landscape and irrigation design, and any contractor or subcontractor that will
be responsible for installing any component of the landscape and irrigation plan.
After installation or amendment of all soils required by the application approval, or after the City’s approval of
a soils report (and after the installation of any soil amendments required by the soils report), the applicant must
contact the Water Conservation Division for inspection prior to the installation of any landscaping. In lieu of the
City inspecting and approving soils, the applicant may have a landscape architect or landscape professional
certify, on a form provided by the City, the soils have been installed as required by the landscape and irrigation
plan and this Manual. The applicant shall not install any landscaping until the City approves the soil preparation
or receives a signed certification.
3.1.4 Landscape Installation Certificate of Completion (Appendix F)
A signed Landscape Installation Certificate of Completion (Appendix F) must be submitted at Final Plat, prior to
certificate of occupancy for site plans, or prior to releasing a security as provided by an improvements
agreement. The Landscape Installation Certificate of Completion is required to notify the City the landscaping
and irrigation for the identified property complies with the requirements of the landscape and irrigation plan
and this Manual. See Appendix F for a copy of the Landscape Installation Certificate of Completion form. This
form does not apply to areas dedicated as parkland.
3.2 Landscape Design Requirements
This Section applies to landscaped areas requiring permanent irrigation pursuant to BMC 38.550.
For the efficient use of water, a landscape must be carefully designed and planned for the intended function of
the project. The following criteria must be complied with as part of the landscape design. Landscapes must be
designed and installed in a manner that supports the conservation of water.
3.2.1 Landscape Design Standards
Landscapes must be designed pursuant to the standards of this Section.
Landscape Design Approval Pathways
Applicants may create compliant landscape designs via one of two design pathway options: the prescriptive
(percentage-based) design approach; or the performance (water budget-based) design approach.
The prescriptive pathway provides a simple pathway to receive landscape design approval. This pathway limits
the total amount of turfgrass permitted to be installed in the landscape to a certain percentage of the total
landscaped area. The remaining landscaped area is limited to the installation of drought-adapted and/or
drought-tolerant plants and landscape design elements such as rock mulch and wood mulch.
The performance pathway provides flexibility in landscape design by limiting the total amount of supplemental
water required by the entire landscaped area to meet vegetation water demand, rather than setting limits on
the installation of certain vegetation types.
Prescriptive Landscape Design Pathway (percentage-based approach)
Design criteria specific to this pathway includes:
1) Plant material must comply with the following:
a) Turfgrass areas must not exceed 20 percent of the total landscaped area.
b) All remaining landscaped areas must consist solely of low and/or very low water use vegetation (plant
factor of 0.3 or less), and landscape design elements such as rock mulch and wood mulch, except for
raised beds dedicated to edible gardens. Refer to the plant list in Appendix C.
2) Landscape Design Plan compliance with requirements outlined in 3.2.2 of this Manual.
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Performance Landscape Design Pathway (water budget-based approach)
Design criteria specific to this pathway includes:
1) Plant material compliance with the following:
a) Landscape plant water demands for the entire landscaped area must not exceed an average of 8 gallons
per square foot per year.
b) Landscape Design Plan compliance with requirements outlined in 3.2.2.
c) Project applicants following the performance pathway must provide a completed Water Budget
Calculator as provided. See Appendix B. The performance landscape design pathway also relies on
plant factor water use data outlined in the City of Bozeman Plant List (Appendix C).
Landscaped Area Coverage Requirements
1) Landscaped area is defined in Appendix A. At least 60 percent of the site area not included in footprints of
buildings or structures, sidewalks, driveways, walkways, or other hardscaped areas, such as decks or
pervious pavers, must be landscaped and maintained with some combination of vegetative understory
plantings, such as shrubs, perennials, turfgrass, creeping or rooting groundcovers, or other living plants
(excluding weeds). Rock mulch or wood mulch must be installed in all landscaped areas not covered with
plant material. The installation of at least 50 percent native plants in the overall landscape is encouraged.
Certain areas listed under Section 1.3 are exempt from being included in the site area coverage requirement
listed above.
a) A minimum of 10 percent of the landscaped area must be vegetated with container grown shrubs or
perennials. This requirement does not apply to City right-of-way boulevard strips and medians.
b) Evergreen trees count towards the landscape plant coverage requirement. Deciduous trees do not count
towards this requirement.
i) 8 feet of canopy spread (or 50 square feet) shall be used for evergreen trees when calculating plant
size for the coverage requirement.
c) The average mature plant size shall be used when calculating coverage amounts.
d) Artificial plant materials do not count towards the landscape plant coverage requirement (BMC
38.550.050.F.4.).
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Figure 2: This multi-household residential site plan showcases the 20% maximum allowable turf amount with the
remaining 60% coverage requirement satisfied by shrubs and perennials.
Figure 3: This multi-household residential site plan showcases the 20% maximum allowable turf amount with the 60%
coverage requirement satisfied by shrubs (10% coverage) and low water use perennial seed mix (30% coverage).
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Figure 4: This apartment site plan showcases how these standards apply to a larger site. The design satisfies the 60%
coverage requirement with turf (20% coverage), shrubs and perennials (10% coverage), and low water use perennial seed
mix (30% coverage).
Parking Lot Requirements
Parking lot landscaping is part of the landscaped area and must meet requirements in this Manual and
38.550.050.B. except for tree requirements as provided below.
Tree Requirements Outside of Parking Lots and Boulevards
1) Tree diversity requirements must be met according to the table below.
Deciduous and Evergreen Tree Plant Diversity Table
Number of Trees Maximum % of Single Species
1-5 Can have 100% of one species
6-10 Maximum 50% of any one species
11-20 Maximum 33% of any one species
21+ Maximum 25% of any one species
2) A minimum of 75 percent of proposed trees must be drought adapted or have a plant factor of 0.3 or less.
3) Rock mulch is discouraged around private trees and prohibited around public, boulevard trees. Public,
boulevard trees must have a 3’ diameter wood mulch ring 3”-4” in depth.
4) Trees must be planted at a minimum rate of 1 per 1600 square feet of landscaped area.
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a) Trees used for residential adjacency requirements outlined in BMC 38.550.050.K may also count towards
this requirement.
5) A minimum of fifty percent of trees must be canopy trees. The review authority may adjust this
requirement if utility conflicts exist.
6) Transplanted trees exceeding the sizes outlined in BMC 38.550.050.F. may be allowed at the discretion of
the review authority.
7) Exemptions:
a) All areas within 10 feet of the building(s) on site are exempt from the square footage used to calculate
the number of required trees.
b) Landscaped areas under 6 feet wide are exempt from the square footage used to calculate the number
of required trees. This does not apply to boulevard tree requirements.
c) Deciduous and evergreen trees deemed healthy and preserved on site shall apply towards the tree
planting requirement at the discretion of the review authority.
d) Tree requirements for street frontage shall adhere to the requirements listed in BMC 38.550.050.D.
These areas are exempt from the square footage used to calculate the number of required trees.
Figure 5: This figure demonstrates how to calculate tree requirements for a site plan. One tree is required for every 1,600
square feet of landscaped area. However, all areas within 10’ of the building are exempt from this square footage
requirement. As a result, only 2,250 square feet is used to calculate the required number of trees. Only one tree is required
for this site plan. Boulevards and parking lots have separate tree requirements and are exempt from this square footage
requirement.
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Soil Preparation and Amendment Requirements
Plants in healthy soils have an opportunity to develop robust root systems, leading to improved overall health
and viability during drought conditions. By amending topsoil, plant die-off can be reduced, especially during the
critical plant establishment period.
Soil Quality Requirements
1) Landscaped areas must have a minimum topsoil depth of 6 inches throughout the entire planting area.
2) The topsoil quality requirement may be met by implementing one of the following methods prior to planting:
a) Amend existing topsoil at a rate of 4 cubic yards of compost/1000 square feet. Compost must meet the
State of Montana's compost requirement for soil amendment (Admin. Rule Mont. 17.50.1716).
Compost must be spread and mixed evenly into the top 6 inches of topsoil;
b) Perform a soil test and amend the existing soil as recommended by the soil test; or
c) Imported topsoil that has been amended pursuant to the recommendations of a soil test.
3) Remove stones that are, at minimum, larger than 2 inches, sticks, roots, construction debris, and other
extraneous matter, and legally dispose of them off the property.
4) Compliance with the following practices is required:
a) Do not apply material or scarify if soil is frozen, muddy, or excessively wet.
b) Protect areas of in-place soil from additional compaction, disturbance, and contamination during
construction.
5) Exemptions:
a) The building footprint and all areas within 5 feet of the actual building are exempt from the topsoil
requirement.
b) On engineered slopes, only amended planting holes must meet the topsoil requirement.
Soil Testing Requirements
The following requirements apply when performing a soil test:
1) A soil analysis must be conducted by an independent, state-operated, or university-operated soil
laboratory with the capability and experience to conduct the required testing.
2) The soil sample(s) must represent a uniform area. Differences in texture (sand, silt, or clay), color, slope,
degree of erosion, drainage, past management practices, and types of plant material designed for each area
should be considered when collecting the sample. The recommended sampling frequency is no less than one
sample per 5,000 square feet of landscaped area.
3) The soil analysis must test the following:
a) Soil Texture
b) Percentage of Organic Matter
c) Soil Reaction (acidity/alkalinity pH value)
d) Soluble-Salt Content
e) Nutrients: including nitrogen, phosphorus, potassium, zinc, iron, copper, manganese, and lime.
4) The soil test must be dated no more than 60 days prior to conducting the pre-installation meeting and
must be provided to the review authority at the pre-installation meeting.
3.2.2 Landscape Design Plan Requirements
The landscape design plan must meet requirements outlined in BMC 38.220.100.B.
Required Elements of the Landscape Design Plan for Preliminary Plat
The following information must be submitted and approved by the Water Conservation Division at preliminary
plat.
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The landscape design plan must include property and project information listed in BMC 38.220.100.D.
The landscape plan must match the scale and orientation of the irrigation plan. To satisfy requirements listed
in BMC 38.220.040.B., the landscape design must contain a scaled landscape plan detailing the following
landscape and plant material information:
1) The landscape design approval pathway selected for compliance (prescriptive vs. performance);
2) The total landscaped area (square feet);
3) The general location of the following vegetation categories, total square footage, and intended plant
coverage expressed as a percentage of total landscaped area:
a) Turf;
b) Seed mix; and
c) All other plants except for trees;
4) List the number of required trees, proposed trees, and proposed canopy trees to meet the tree requirements
outside of parking lots and boulevards. If existing trees are being preserved, indicate their location and
method for protecting existing trees from damage during construction. The location and type of all existing
trees over six inches in caliper must be specifically indicated;
5) Type of mulch and application depth;
6) Indication of method used to meet topsoil quality requirements;
7) Areas used solely for water treatment, stormwater retention, or stormwater detention; and
8) Areas that are exempt from this Manual’s requirements as provided for in Section 1.3. and 1.4.
Required Elements of the Landscape Design Plan for Final Plat and Site Plan
The following information must be submitted and approved by the Water Conservation Division at final plat or
prior to installation, whichever occurs first, or at site plan.
The landscape design plan must include property and project information listed in BMC 38.220.100.D.
The landscape plan must match the scale and orientation of the irrigation plan. To satisfy requirements listed
in BMC 38.220.070.A.5. and BMC 38.220.100.A. for final plats and site plans, the landscape design must
contain the following landscape and plant material information:
1) The landscape design approval pathway selected for compliance (prescriptive vs. performance);
2) The total landscaped area (square feet):
3) Landscaped areas with specific plant types and their general locations;
4) The square footage and percent coverage based off the total landscaped area of the following vegetation
categories:
a) Turf;
b) Seed mix; and
c) All other plants except for trees;
5) A plant schedule including the following plant items shown per page and an overall plant schedule that
includes totals of the following: typical symbols, plant names (common and botanical name), quantities,
container or caliper sizes at installation, height and width at maturity, and spacing for groundcovers as
applicable. When using seed mixes or plant mixes, include species composition as a percentage and total
square feet;
6) The number of required trees, proposed trees, and proposed canopy trees to meet the tree requirements
outside of parking lots and boulevards. If existing trees are being preserved, indicate their location and
method for protecting existing trees from damage during construction. The location and type of all existing
trees over six inches in caliper must be specifically indicated;
7) Type of mulch and application depth;
8) Indication of method used to meet topsoil quality requirements;
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9) Areas used solely for water treatment, stormwater retention, or stormwater detention; and
10) Areas that are exempt from this Manual’s requirements as provided for in Section 1.3. and 1.4.
3.2.3 Landscape Requirements for Boulevards and Street Medians
This Section describes minimum landscape requirements for rights-of-way and street medians. Unless
specifically called out in this Section, requirements outlined in Section 3.2.1 and 3.2.2 of this Manual apply.
Collector, Arterial, and Local Street Boulevards
1) Artificial plant materials are prohibited.
2) The final grade of landscape design elements such as rock and wood mulch must be below the top of the
curb to prevent mulch from migrating into the curb line and sidewalk. The curb reveal must not pose a trip
hazard. Mulch maintenance and replenishment is the responsibility of the adjacent property owner.
3) Only landscape design elements that will not become damaged from plowing or pose an obstruction to
plowing are permitted in rights-of-way boulevard strips.
4) Plant material must comply with street vision triangle requirements outlined in BMC 38.400.100.
5) Maintenance responsibility for landscaping in city rights-of-way is required per BMC 38.550.070.B.
Adjacent property owners are responsible for weed mitigation and the replenishment of landscape design
elements such as rock and wood mulch.
6) Plant materials that cannot withstand impacts from snow storage and plowing, including being buried
under snow throughout the winter months, are prohibited in City rights-of-way boulevard strips. The City
is not responsible for damage to plant material and landscape design elements in boulevard strips due to
plowing.
Street Medians
1) The installation of turfgrass in City right-of-way street medians is prohibited.
2) Artificial plant materials are prohibited.
3) The final grade of landscape design elements such as rock and wood mulch must be below the top of the
curb to prevent mulch from migrating into the street.
4) Landscape design elements that pose an obstruction to snow plowing and snow storage, including but not
limited to large rocks and boulders, that are not below the top of the curb line are prohibited.
5) Plant material must comply with street vision triangle requirements outlined in BMC 38.400.100.
6) Plant materials that cannot withstand impacts from snow storage and plowing, including being buried
under snow throughout the winter months, are prohibited in City rights-of-way street medians.
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3.3 Irrigation Design Requirements
This Section applies to landscaped areas requiring permanent irrigation pursuant to BMC 38.550.050.H.
For the efficient use of water, an irrigation system must be carefully designed and planned for the intended
function of the project. The following criteria must be complied with as part of the irrigation system design.
Irrigation systems must be designed and installed in a manner that supports the conservation of water.
3.3.1 Irrigation Design Standards
Irrigation systems must be designed pursuant to the standards of this Section.
Backflow Device and Controller
1) A backflow device compliant with the City’s currently adopted plumbing code for use in an irrigation system
is required;
2) Irrigation controllers labeled by U.S. Environmental Protection Agency’s WaterSense® Program are required.
Except for parks and irrigation systems where the water supply is fully independent of City ownership or
maintenance, the controller must be programmed to accommodate any water windows or restrictions for
operation such as the day of the week and hours of the day pursuant to BMC 40.02.1290.; and
3) Sensors (rain, freeze, wind, ET, soil moisture, etc.), either integral or auxiliary, that suspend or alter irrigation
operation during unfavorable weather conditions or when sufficient soil moisture is present are required.
Sprinklers/Overhead Irrigation
1) All overhead irrigation must consist of multi-stream, multi-trajectory (MSMT) nozzles, or an approved equal,
and/or rotors;
2) Head(s) subject to low head drainage must be equipped with integrated check valves to avoid draining when
the system completes its cycle;
3) Sprinkler heads must be spaced 2 inches minimum from hardscape edges and installed flush with finished
grade;
4) Overhead irrigation must use a 6 inch minimum riser;
5) Overhead irrigation spacing must be designed to achieve head-to-head coverage or per manufacturer
specifications;
6) Areas less than 8 feet in width in any direction must be irrigated with drip irrigation, either subsurface or
above ground. Overhead spray irrigation is prohibited in areas less than 8 feet wide unless being used for
temporary establishment purposes only; and
7) It is encouraged to connect all sprinkler bodies to the lateral line with flexible swing joints or swing pipe.
Drip Irrigation
1) Drip irrigation must be used for all landscaped areas other than turfgrass, creeping or rooting groundcovers,
and seeded areas;
2) Drip irrigation must include a pressure regulator and filter;
3) Inline drip irrigation installed on a slope must lay parallel to the elevation contours;
4) Drip irrigation must be installed with the ability to easily flush the line; and
5) All subsurface drip must be installed with air/vacuum relief valves per manufacturer recommendations.
Irrigation Stations/Zones
1) Each zone must be designed to achieve matched precipitation rates;
2) Irrigation zones must be separated based on hydrozone, which considers irrigation type (e.g. overhead or
drip) and plant water use (e.g. low, medium, or high);
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3) Stations that irrigate trees cannot irrigate other plant types. An individual irrigation station may irrigate more
than one tree. The established size and extent of the root zone must be considered when designing irrigation
for trees. Drip irrigation, such as emitters, root watering systems, or bubblers, must be used to irrigate trees.
4) Each irrigation zone must be designed to prevent runoff, overspray, or other similar conditions; and
5) Stations must be designed to achieve the highest possible distribution uniformity using the manufacturer’s
recommendations.
System
1) Valve boxes must be installed in a manner that prevent breaks and must easily be accessible for repairs;
2) Irrigation pipe installed under hardscape surfaces must be sleeved with a rigid pipe 1 inch larger than the
pipe within it, at a minimum;
3) Operating pressure of the irrigation system must meet manufacturer’s recommended operating pressure.
a) Pressure-regulating devices must be installed to ensure proper operation. This may be accomplished by
using pressure regulators at the zone valve or integrated into the sprinkler body. Sprinkler bodies with
integrated pressure regulators are encouraged. If using sprinkler bodies with integrated pressure regulators,
the bottom inlet must be used; and
b) A booster pump is required If water pressure is below the required operating pressure.
4) A flow sensor and master valve are required for systems with mainlines greater than or equal to (>) 2 inches
that are connected to City municipal water. Flow sensors must be installed according to manufacturer’s
specifications and tested for functionality.
a) A flow sensor serves two primary functions: 1) to detect breaks so the controller can suspend watering
and notify the irrigation manager, and 2) to assist in efficient system operation by reducing the watering
window the system requires to complete its watering cycle. It may also be used to track the irrigation
system’s water consumption.
3.3.2 Irrigation Building Additions and Remodel Improvements
For building additions and remodels falling under Level II Improvements as defined in BMC 38.500.020.B.2., the
following irrigation components must be installed:
1) Irrigation controllers labeled by U.S. Environmental Protection Agency’s WaterSense® Program are required.
Except for parks and irrigation systems where the water supply is fully independent of City ownership or
maintenance, the controller must be programmed to accommodate any water windows or restrictions for
operation such as the day of the week and hours of the day pursuant to BMC 40.02.1290.;
2) Sensors (rain, freeze, wind, ET, soil moisture, etc.), either integral or auxiliary, that suspend or alter irrigation
operation during unfavorable weather conditions or when sufficient soil moisture is present are required;
and
3) All overhead irrigation must consist of multi-stream, multi-trajectory (MSMT) nozzles, or an approved equal,
and/or rotors.
3.3.3 Irrigation Design Plan Requirements
The irrigation designer must meet requirements outlined in BMC 38.220.100.C. Both prescriptive and
performance landscape design pathways must follow the irrigation requirements of this Section unless
otherwise noted.
Required Elements of the Irrigation System Design Plan for Preliminary Plat
The following information must be submitted and approved by the Water Conservation Division at preliminary
plat.
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An irrigation design plan must be provided with the submission of a preliminary plat. To satisfy requirements
listed in BMC 38.220.040.B.6., the irrigation design, at a minimum, must contain the following information:
1) An irrigation water requirement (IWR) in units of gallons per year. For applications seeking plan approval
via the performance landscape design pathway, the required water budget calculation serves as the
project IWR. For those seeking plan approval via the prescriptive landscape design pathway, the following
must be used in the IWR calculation, as applicable:
Cool season turfgrass 18.4 gallons/ft2/year
Drought-adapted woody plants and
herbaceous perennials 5.4 gallons/ft2/year
Drought tolerant 1.8 gallons/ft2/year
2) Water supply source location, ownership (e.g. private or public), and type(s) (e.g. municipal, existing surface
water, groundwater well). Identify areas irrigated with non-municipal water, including total square footage.
Include all supporting documentation of compliance with all State, County, and City regulations as
applicable. If using a well for irrigation, provide pre-determination/approval by DNRC for the well;
3) Assumed static water pressure at the point of connection to the water supply;
4) The general location of areas irrigated by the following methods:
a) Overhead irrigation (e.g. rotors/rotary nozzles);
b) Drip irrigation;
c) Temporary irrigation, if applicable, including indication of whether overhead or drip irrigation will be
used.
5) Areas that are exempt from this Manual’s requirements as outlined in Section 1.3. and 1.4.; and
6) A scaled plan that matches the scale and orientation of the landscape plan representing the irrigation
components listed below with unique symbols and general locations, an irrigation schedule, and the
following required information:
a) Property line;
b) Easements;
c) Existing or proposed structures;
d) Impervious surfaces;
e) Existing features consistent with the landscape design plan;
f) Point of connection;
g) Backflow prevention device;
h) Irrigation controller labeled by U.S. Environmental Protection Agency’s WaterSense® Program;
i) Rain, freeze, wind, evapotranspiration (ET), or soil moisture sensor(s); and
j) Irrigation sleeves.
Required Elements of the Irrigation System Design Plan for Final Plat or Site Plan
The following information must be submitted and approved by the Water Conservation Division at final plat or
prior to installation, whichever occurs first, or at site plan.
The irrigation plan must match the scale and orientation of the landscape plan. To satisfy requirements listed in
in BMC 38.220.070.A.5. and BMC 38.220.100.A. for final plats and site plans respectively, the irrigation design,
at a minimum, must contain the following information:
1) An irrigation water requirement (IWR) in units of gallons per year. For applications seeking plan approval
via the performance landscape design pathway, the required water budget calculation serves as the
project IWR. For those seeking plan approval via the prescriptive landscape design pathway, the following
must be used in the IWR calculation, as applicable:
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Cool season turfgrass 18.4 gallons/ft2/year
Drought-adapted woody plants and
herbaceous perennials 5.4 gallons/ft2/year
Drought tolerant 1.8 gallons/ft2/year
2) An irrigation schedule that shows the total number of each component included in the irrigation design plan
including make, model, size, and quantity of the following irrigation components per page and an overall
irrigation schedule showing total quantities of the following components (as applicable). Quantities do not
need to be provided for lateral lines, mainlines, sleeves, drip irrigation, rotors, and sprinklers.
a) Point of connection;
b) Backflow prevention device;
c) Irrigation controller labeled by U.S. Environmental Protection Agency’s WaterSense® Program;
d) Rain, freeze, wind, evapotranspiration (ET), or soil moisture sensor(s);
e) Flow sensor, if applicable;
f) Isolation valve(s);
g) Remote control valve(s);
h) Pressure regulator(s);
i) Pressure regulator and filter for drip irrigation;
j) Drip irrigation;
k) Sprinklers and Rotors:
i) Pop-up heights;
ii) Radius and arc;
l) Pipe type and size including lateral lines, mainlines, and sleeves;
m) Quick coupler(s);
n) Temporary irrigation, if applicable, including indication of whether overhead or drip irrigation will be
used; and
o) If applicable, the location and set pressure of the booster pump;
3) A scaled plan that matches the scale and orientation of the landscape plan representing the irrigation
components listed above with unique symbols and general locations, along with the following required
information:
a) Property line;
b) Easements;
c) Existing or proposed structures;
d) Impervious surfaces;
e) Existing features consistent with the landscape design plan;
f) Water supply source location and type(s) (e.g. municipal, existing surface water, groundwater well).
Identify areas irrigated with non-municipal water, including total square footage. Include all supporting
documentation of compliance with all State, County, and City regulations as applicable;
g) Assumed static water pressure at the point of connection (POC) to the water supply;
h) Connection point for winterization;
i) Irrigation valves labeled to indicate flow rate (gallons per minute), station number, temporary irrigation
(if applicable), and valve size; and
j) Identification of the worst case station, or critical station, that faces the most pressure loss. Provide the
pressure required for this station’s proper operation and the pressure delivered after accounting for
pressure loss. Provide information showing pressure loss from the mainline, pressure loss from any
elevation change to the POC, pressure loss from the backflow, and from any other applicable system
components.
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4) Except for parks and irrigation systems where the water supply is fully independent of City ownership or
maintenance, a watering schedule demonstrating the system can meet the landscape’s peak demand, or
water need during the hottest month, while remaining within the City’s watering window as outlined in
BMC 40.02.1290. Appendix D contains evapotranspiration rate information to help determine water need.
a) If the watering window cannot be met after the first 45 days of plant establishment, an exemption
request form must be submitted to the Water Conservation Division for approval per Administrative
Order 2023-02 upon submission of the Landscape Installation Certificate of Completion.
b) The watering schedule must consider the following information and parameters for each zone/station:
i) Plant material,
ii) Watering days;
iii) Irrigation run times (hours or minutes per irrigation event to avoid runoff);
iv) Number of cycle start times required for each irrigation event to avoid runoff;
v) Application rate;
vi) Root depth;
vii) Plant type;
viii) Soil type;
ix) Slope;
x) Sun or shade exposure;
xi) Distribution uniformity or efficiency factor; and
xii) Whether the station/zone is temporary or permanent.
5) Areas that are exempt from this Manual’s requirements as outlined in Section 1.3. and 1.4.
3.3.4 Irrigation Operation and Maintenance
Irrigation management includes the planning of water use, monitoring of water use, and verifying that
equipment is maintained and properly adjusted for optimal performance. As the landscape matures,
adjustments to the system must be in harmony with the original intent of the irrigation design. As such, the
following operation and maintenance requirements are ongoing obligations of any development subject to this
Manual:
1) Watering schedule must be regulated by an irrigation controller labeled by U.S. Environmental Protection
Agency’s WaterSense® Program. Except for parks and irrigation systems where the water supply is fully
independent of City ownership or maintenance, all irrigation scheduling must be programmed to operate
within the City’s watering window outlined in BMC 40.02.1290;
2) Scheduling of irrigation events must match the needs of the plants to maintain health and meet the
function of the landscape. This includes regular adjustments for plant establishment, plant maturity, and
seasonal variations in weather;
3) Irrigation frequency and duration must account for soil texture and slope to prevent runoff;
4) Irrigation systems must be maintained to ensure proper operation for water use efficiency;
5) Regular operation and maintenance includes, but is not limited to, routine inspection, adjustment, and
repair of the irrigation system;
6) Repair of all irrigation equipment must be done with components of equal or greater efficiency and
quality;
7) When winterizing systems with flow sensors, manufacturer recommendations must be followed to prevent
damaging the flow sensor assembly; and
8) All areas irrigated with temporary irrigation by means of connection to the irrigation controller must have
run times reduced to zero minutes, wires disconnected, or components physically removed after the plant
establishment period.
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3.3.5 Irrigation Requirements for Boulevards and Street Medians
This Section describes minimum irrigation requirements for rights-of-way and street medians. Unless
specifically called out in this Section, requirements outlined in Section 3.3.1 and 3.3.2 of this Manual apply.
Collector, Arterial, and Local Street Boulevards
1) The installation of overhead spray irrigation in City rights-of-way boulevard strips along all collector,
arterial and local streets is prohibited in areas less than eight feet wide unless the overhead spray
irrigation is used for temporary plant establishment purposes only.
2) Whenever a subsurface drip system is installed in these areas, it must also be equipped with a system pop-
up indicator to help identify leaks.
Street Medians
1) The installation of overhead spray irrigation in City rights-of-way street medians is prohibited in areas less
than eight feet wide unless the overhead spray irrigation is used for temporary plant establishment purposes
only.
2) Whenever a subsurface drip system is installed in these areas, it must also be equipped with a system pop-
up indicator to help identify leaks. In these areas, the irrigation mainline, lateral lines, and wiring must be
in individual sleeves.
3.3.6 Irrigation Requirements for Public Parks
1) Public parks must follow the Manual requirements listed in Section 3.3 and include the relevant information
in applicable plans as required in BMC 38.220.060.A.14. except for the following:
a) Ensuring that the system can meet the landscape’s peak water demand while fitting within the watering
window (Sec 3.3.2). Due to the size of some parks, it may not be possible to irrigate the entire landscape
within the defined watering window; and
b) Flow sensor requirements unless otherwise prescribed by the Parks Department.
2) In addition, irrigation system components, such as a controller, rotor, or tree bubbler, must have their make
and model approved by the Parks Department.
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APPENDIX A: DEFINITIONS
Unless otherwise specifically stated, the terms used in this Manual have the meaning set forth below:
“Application rate” means the depth of water that the irrigation system applies over a period of time. Usually
expressed in units of depth per time (e.g. inches of water/hour).
“Backflow” or “Backflow prevention device” means a device used to prevent pollution or contamination of the
water supply due to the reverse flow of water from the irrigation system.
“Boulevard” or “Boulevard strip” means the area between the street and sidewalk.
“Canopy tree” means a species of tree which normally bears crown foliage no lower than six feet above ground
level upon maturity.
“Check valve” means a valve located under a sprinkler body, or other location in the irrigation system, to hold
water in the system to prevent drainage from sprinkler bodies when the irrigation system is not operating.
“City” means the City of Bozeman or its authorized designee.
“Controller” see irrigation controller.
“Distribution uniformity” means the measure of the evenness of irrigation water applied to a defined landscaped
area expressed as a decimal.
“Drip irrigation” means a non-spray, low volume irrigation system using emitters.
“Edible garden” means an area within the landscape that is dedicated to the production of food.
“Emitter” means a drip irrigation emission device that delivers water from the drip system to the soil. Emitter
flow rates are measured in gallons per hour (GPH).
“Establishment period” means the time period when landscape water demands may be adjusted to establish
new plantings.
“ET sensor” means a sensor that uses evapotranspiration (ET) data to adjust the watering cycle.
“ETo” or “ET” means the amount of water lost annually from plants and soil, depending on sun, wind, humidity
and temperature. ETo is expressed in inches per day, month, or year as represented in Appendix D and is an
estimate of the evapotranspiration of a large field of 4”-7” tall, cool-season grass that is well watered. Local
values are sourced from U.S. Bureau of Reclamation AgriMet data.
“Evapotranspiration rate” see ETo.
“Flow rate” means the rate of water or volume per unit period of time.
“Flow sensor” means a sensor that detects the flow of water through an irrigation system.
“Freeze sensor” means a sensor that can detect the temperature.
“Groundcover” means low growing, perennial species that create a mat of continuous cover over the ground,
which makes it difficult for weeds to establish in the landscape.
“Hardscapes” or “hardscape surface” means any hard material or feature including pervious and non-pervious
materials installed in or around a landscaped area, such as pavements, pavers, concrete, or walls.
“Hydrozone” means a portion of the landscaped area which has plants with similar water needs grouped
together that are typically irrigated by one valve or station with the same irrigation type. A hydrozone may be
irrigated or non-irrigated.
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“Infiltration rate” means the rate of water entry into the soil expressed as a depth of water per unit of time (e.g.,
inches per hour).
“Inline drip irrigation” means a style of drip irrigation that uses drip pipe with integrated emitters creating an
even distribution across the landscaped area.
“Irrigation” means supplemental water that is artificially applied to an area for the purpose of fostering plant
growth and health.
“Irrigation controller” means the device that starts and stops the irrigation watering based on a watering
schedule.
“Irrigation design plan” means a scaled drawing of an irrigation system which lists irrigation information required
by this Manual.
“Irrigation efficiency” or “IE” means the measurement of the amount of water used by plants divided by the
amount of water applied to a landscaped area.
“Isolation valve” means a valve installed downstream of the point of connection of the irrigation water supply
to shutdown water flowing through the mainline.
“Landscaped area” means the area of a lot where landscaping has been or is proposed to be installed. It also
includes landscape design elements such as rock mulch and wood mulch. It does not include footprints of
buildings or structures, sidewalks, driveways, walkways, or other hardscaped areas, such as decks or pervious
pavers.
“Landscaping” means an area with vegetative plantings, such as shrubs, perennials, and turfgrass, creeping or
rooting groundcovers, seed mixes, or other living plants.
“Landscape design plan” means a scaled drawing of a landscape which lists landscape information required by
this Manual.
“Landscape installation certificate of completion” means the certificate included in Appendix F in this Manual
that must be submitted to the City.
“Lateral line” means the water delivery pipeline that supplies irrigation water to the emitters or sprinkler bodies
from the irrigation zone valve.
“Mainline” means the pipeline that delivers irrigation water from the water source to the irrigation zone valve(s)
or outlet(s).
“Matched precipitation” means an individual irrigation zone in which all sprinklers have similar precipitation
rates.
“MSMT nozzle” or “Multi-Stream, Multi-Trajectory nozzle” means nozzles designed to distribute water in
individual streams, of varying trajectories, which rotate across the distribution area.
“Nozzle” means the opening of a sprinkler body used to control the volume of discharge, distribution pattern,
and droplet size.
“Operating pressure” means a measurement of water pressure with the water in motion.
“Organic mulch” means ground covering material consisting of organic matter such as wood chips, compost,
straw, or leaves.
“Overhead spray irrigation” means the sprinkler or spray nozzle components of an irrigation system; or the act
of applying water to a landscape by sprinklers or spray nozzles that deliver water to the landscape through the
air.
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“Overspray” means the irrigation water which is delivered beyond the target landscaped area.
“Plant factor” means a factor that, when multiplied by ETo, estimates the amount of water needed by plants.
The plant factor for very low water use plants is 0.1; low water use plants is 0.3; medium water use plants is 0.5-
0.6; and high water use plants is 0.8.
“Precipitation rate” see application rate.
“Rain sensor” means a sensor that detects the amount of rainfall received.
“Raised bed” means raised above the surface of the ground; usually framed by some barrier such as wood or
stones.
“Recommended operating pressure” means the pressure at which the parts of an irrigation system are designed
to operate at by the manufacturer.
“Riser” means the component of a sprinkler body that extends vertically to elevate the nozzle so it can achieve
proper coverage.
“Rock mulch” means ground covering material consisting of inorganic matter: rocks, gravel, decomposed granite,
etc.
“Rotor sprinkler body” or “rotor” means a sprinkler body that distributes water to the landscaped area by use of
a single rotating stream.
“Runoff” means water that is not absorbed by the soil or landscape to which it is applied and flows from the
landscaped area to waste.
“Sensor” means a component of an irrigation system that has the ability to alter or suspend watering cycles
based on locally collected data.
“Soil moisture sensor” means a sensor that detects the soil moisture level in the landscaped area.
"Spray irrigation" see overhead spray irrigation.
“Sprinkler body” means the exterior case or shell of a sprinkler incorporating a means of connection to the piping
system designed to convey water to a nozzle or opening.
“Sprinkler” means an emission device consisting of a sprinkler body with one or more openings to convert
irrigation water to high velocity discharge through the air.
“Static water pressure” means the pipeline or water supply pressure when water is not flowing.
“Station” means an area served by one valve or by a set of valves that operates simultaneously.
“Swing joint/pipe” means an irrigation component that provides a leak-free connection between the emission
device and lateral line to allow movement in any direction.
“Temporary irrigation” means a temporary watering system designed to transport and distribute water to plants
for a limited period, primarily used during the establishment period, after which time the irrigation is terminated
or abandoned.
“Turfgrass” or “turf” means a relatively high water use groundcover surface of grass and the surface layer of
earth held together by its roots, including but not limited to cool season lawn grasses. For the purposes of this
Manual, turfgrass has a plant factor of 0.8 or above.
“Urban farming” see edible garden.
“Valve” means a device used to control the flow of water in an irrigation system.
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“Watering schedule” means collectively the zone or station run times (duration), zone or station watering days
(frequency), and the time that the irrigation will begin running on the selected days (start times).
“Watering window” or “water window” means the period, timeframe, or continuous hours of the day(s) in
which outdoor watering is permitted.
“Wind sensor” means a sensor that detects the wind speed.
“Zone” means the section of an irrigation system served by a single valve. Zones are comprised of similar
irrigation types and plant material types with similar water requirements.
“Zone valve” means an electronically controlled automatic valve that operates a group of sprinkler bodies or a
specific area of drip irrigation in the landscaped area.
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APPENDIX B: WATER BUDGET CALCULATOR (PERFORMANCE PATHWAY ONLY)
The Water Budget Calculator is a spreadsheet tool created for consistent calculation of supplemental irrigation water demands for various plant types
installed in the landscape and serves as a tool to ensure landscapes are compliant with this Manual. A completed Water Budget Calculator is required
for all performance-based landscape design plans. To complete the Water Budget Calculator, project applicants will need to enter inputs such as
irrigation type and total square feet for each hydrozone type. The calculator will auto-calculate the supplemental irrigation water use of each plant
type category, the total area, and the average gallons of supplemental irrigation per square foot of landscape. Additional details on the elements and
calculations in the Calculator can be found in Appendix D.
The Water Budget Calculator file can be downloaded at www.bozeman.net or by contacting the City’s Water Conservation Division. The City may
update factors and calculation methods utilized within the Calculator. Such updates may occur at the discretion of the City.
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APPENDIX C: PLANT LIST
This list is intended to serve as a supplemental resource to aid in creating compliant landscape designs. The
plant list also contains plant factors, which will help to determine a plant’s hydrozone water use category.
Plants not included can still be used by matching their water use to the appropriate hydrozone water use
category and plant factor.
The plant list can be found on the City’s website at www.bozeman.net or at the City’s Water Conservation
Division office.
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APPENDIX D : WATER BUDGET CALCULATOR INFORMATION
CALCULATOR INFORMATION & EQUATIONS
The water budget calculation is based on peer-reviewed studies, other cities’ water budget calculation
methodologies, and the Simplified Landscape Irrigation Demand Estimation (SLIDE) methodology. SLIDE serves
as the basis for the ANSI/ASABE S623 Standard, Determining Landscape Plant Water Demands and is the most
widely applicable and accepted industry standard for determining urban landscape plant water demands. This
calculator only applies to performance based landscape and irrigation submittals.
WATER BUDGET AREA CALCULATOR INFORMATION
The Water Budget Area Calculator is used to determine the area input for the Water Budget Calculator. This
calculator takes the Total Lot Area subtracted by the Building Footprint, Hardscape (e.g. sidewalk, pavers, or
driveway), Exemptions, and areas with Artificial Plant Materials to determine the Water Budget Area (sq. ft.).
Constant Categories (no input required)
This category does not require any user input.
1) Category
a) These site elements determine the water budget area to be used in the calculator.
Input Categories
Values are added by the user based on the site dimensions.
1) Area (sq. ft.)
a) This is each category’s area within the site (total lot area, building footprint, hardscape, walkways,
exemptions, and artificial plant materials).
Output Categories
1) Water Budget Area (sq. ft.)
a) This is the Total Lot Area category subtracted by the Building Footprint, Hardscape (e.g. sidewalk,
pavers, or driveway), Walkways, Exemptions, and Artificial Plant Materials categories.
WATER BUDGET CALCULATOR INFORMATION
One of two Water Budget Calculators will be used depending on the development type. The Section 2 Water
Budget Calculator is used for all developments falling under Section 2 of this Manual, while the Section 3 Water
Budget Calculator is used for all developments falling under Section 3 of this Manual. Both calculators share the
same categories, inputs, and outputs but have a different allowable water budget (gallons of supplemental
irrigation required per square foot of water budget area).
When using seed mix or plant mix, the plant with the highest plant factor is used to determine that mix’s
Hydrozone Water Use Category.
Constant Categories (no input required)
These categories do not require any user input. The water budget calculation considers the following in
determining the total water demand of the landscape:
1) Hydrozone Water Use Category
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a) The Hydrozone Water Use Category is based on the SLIDE methodology and has been refined for the
City’s climate. The intent of these broad categories is to group plantings of similar water use and
provide a reasonable Plant Factor to be used in the water budget calculation for each hydrozone area.
b) Appendix C includes the City of Bozeman Plant List with plant factors and serves as a supplemental
resource to aid in creating compliant landscape designs.
2) Plant Factor (PF)
a) Plant Factors are assigned to each plant type category and adjust the net evapotranspiration (ETo) to
better reflect water needs.
b) For example, cool season turfgrass maintained at a height of typical urban landscapes requires about
80 percent of the Net ETo to be replenished with supplemental irrigation to maintain plant health.
Drought adapted plants typically require about 30 percent of the total Net ETo to be replenished with
supplemental irrigation to maintain plant health. Therefore, the plant factor used for cool season
turfgrass is 0.80, and the plant factor used for drought adapted plants is 0.30. Multiplying the total
Net ETo by the applicable plant factor will properly adjust the water demand for each plant type based
on the City’s climate.
3) Net ETo
a) Net evapotranspiration is a combination of water lost through soil evaporation and plant transpiration,
minus the effective precipitation amount (25% of total precipitation). The Net ETo value (expressed in
inches) directly correlates to the amount of supplemental water needed to maintain plant health.
b) Data used to determine seasonal Net ETo demands were gathered from a local weather station that
monitors evapotranspiration (ETr) values based on a reference crop of alfalfa, which are adjusted for
grass to arrive at ETo. Seasonal ETo and seasonal rainfall values observed in the City from 2011 to 2021
were averaged to determine the Net ETo value used in the Water Budget Calculator.
Agrimet Bozeman: Monthly ETo Total (in)
Year May June July August September
May-Sept
Total
2011 4.11 5.23 7.23 6.26 4.64 27.47
2012 4.40 6.54 7.12 6.50 4.49 29.04
2013 4.36 5.70 7.49 6.46 3.77 27.78
2014 4.73 5.11 7.08 4.96 3.69 25.57
2015 4.18 6.29 6.20 5.80 4.20 26.67
2016 4.54 7.01 7.60 6.80 3.30 29.25
2017 5.04 5.03 8.09 6.56 4.35 29.07
2018 4.51 5.04 6.61 5.30 3.54 25.00
2019 4.45 6.10 7.10 5.57 3.42 26.63
2020 4.81 5.04 6.43 6.01 4.17 26.46
2021 4.35 7.35 8.62 5.61 4.58 30.50
Average: 4.50 5.86 7.23 5.98 4.01 27.59
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Agrimet Bozeman: Monthly Precipitation Total (in)
Year May June July August September
May-Sept
Total
2011 2.83 2.87 0.76 0.90 0.57 7.92
2012 1.77 0.90 0.60 0.21 0.21 3.70
2013 3.07 2.74 0.62 0.40 2.60 9.42
2014 1.85 2.77 0.37 2.72 1.24 8.95
2015 2.86 0.59 1.52 0.75 1.21 6.93
2016 2.50 0.74 1.06 0.83 2.03 7.17
2017 2.53 2.10 0.16 0.47 2.50 7.75
2018 2.38 2.74 0.24 1.10 0.49 6.94
2019 1.82 2.18 2.56 0.77 3.88 11.21
2020 0.99 3.50 0.74 0.58 0.74 6.55
2021 3.29 0.81 0.77 1.83 0.15 6.85
Average: 2.35 1.99 0.85 0.96 1.42 7.58
c) The steps used to arrive at the Net ETo of 26 inches used in the Water Budget Calculator are included
below:
i) Seasonal average ETo (2011-2021) from Bozeman Agrimet station: 27.59 inches
ii) Seasonal average precipitation (2011-2021) from Bozeman Agrimet station: 7.58 inches
iii) Effective precipitation: 25 percent of total average precipitation (7.58 in. * 0.25) = 1.90 inches
iv) Net ETo (Total ETo - Effective Precipitation): 27.59 in. – 1.90 in. = 25.69 inches
v) Round 25.69 up to 26 inches
4) Irrigation Gallons per Square Foot
a) This value is automatically generated based on the water budget variables listed above.
b) Irrigation gallons per square foot: (PF * Net ETo * 0.62)*/IE
i) Where: PF = plant factor, Net ETo = 26 inches, 0.62 is a conversion factor (inches to gallons per
square foot), and IE = irrigation efficiency
5) Water Budget Area (sq. ft.)
a) This is automatically generated by the Water Budget Area Calculator.
Input Categories
Values are added by the user based off the project’s landscape design.
1) Irrigation Type
a) Irrigation Type is selected using a drop down menu. When drip or overhead irrigation is selected, a
value is automatically assigned in the Irrigation Efficiency column. Drip irrigation has a 0.9 irrigation
efficiency, while overhead irrigation has a 0.7 irrigation efficiency.
b) Additional rows can be added as needed to reflect different irrigation types for each hydrozone water
use category.
2) Sq. Ft.
a) This is the square footage of each hydrozone water use category.
b) The total of all inputs within this category is equal to the Water Budget Area (sq. ft.).
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Output Categories
These values are automatically generated based off input values. These output values are used to determine if
a site is compliant with the Bozeman Municipal Code.
1) Irrigation Efficiency
a) Irrigation Efficiency is derived from measurements and estimates of irrigation system characteristics
and management practices recognizing that it is not possible for each drop of supplemental irrigation
to be beneficially used by the plant(s) it targets.
b) Factors that could reduce the efficiency of irrigation include wind drift, evaporative loss, application
method, runoff, and overspray. For this reason, an irrigation efficiency factor is applied to the water
budget calculation to adjust the total amount of water applied to the landscape to more accurately
account for real-world losses. Drip irrigation, which applies water directly to plant roots, is more
efficient than overhead spray irrigation which can be lost to wind drift, evaporation, and overspray.
2) Water Use (gal)
a) This value represents each hydrozone category’s supplemental water use per season in gallons.
3) Percent of Total Water Budget Area
a) This value represents plant type area expressed as a percentage of the total Water Budget Area.
4) Percent of Total Irrigation Demand
a) This value represents each plant type’s water requirement as a percentage when compared to the
Total Water Use.
5) Total Area
a) The total of all Sq. Ft. inputs and is equal to the Water Budget Area (sq. ft.).
WATER BUDGET CALCULATOR - TREE WATER CALCULATOR
The tree water calculator is used to calculate tree water use and combines water use with the Water Budget
Calculator to determine if a landscape is compliant. This calculator shares some of the same categories, inputs,
and outputs as the Water Budget Calculator. Only the differences between the two calculators will be discussed
in this section.
Constant Categories (no input required)
1) Tree Water Use Category
a) The Tree Water Use Category is based on the SLIDE methodology and has been refined for the City’s
climate. This category provides a reasonable Plant Factor used in the water budget calculation.
b) Appendix C includes the City of Bozeman Plant List with plant factors and serves as a supplemental
resource to aid in creating compliant landscape designs.
2) Irrigation Efficiency
a) Irrigation Efficiency is derived from measurements and estimates of irrigation system characteristics
and management practices recognizing that it is not possible for each drop of supplemental irrigation
to be beneficially used by the plant(s) it targets.
b) Since drip irrigation is required for trees, a 0.9 efficiency factor is used.
Input Categories
Values are added by the user based off the project’s landscape design.
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1) Number of Trees
a) This is the total number of trees including boulevard and parking lot trees for each Tree Water Use
Category.
Output Categories
1) Sq. Ft.
a) This is the square footage used to calculate each tree category’s water use.
b) This is automatically calculated based on the number of trees multiplied by 28 square feet, or a 6’
circle representing the drip irrigation surrounding a tree.
2) TOTAL WATER USE
a) This value represents the entire property’s supplemental water requirement per season in gallons.
3) GAL/SF (AVG)
a) This is the average supplemental irrigation required per square foot of Water Budget Area over the
entire season in gallons.
b) The Section 2 Water Budget Calculator is allowed a water budget of 10 gal/square foot.
c) The Section 3 Water Budget Calculator is allowed a water budget of 8 gal/square foot.
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APPENDIX E: BUILDING PERMIT LANDSCAPE & IRRIGATION SELF-CERTIFICATION FORM
Property Owner: ___________________________________________________________________________
Applicant (if different from owner): ____________________________________________________________
Property Address: __________________________________________________________________________
Property Type & Number of Units (e.g. Single Household, 1 Unit): ____________________________________
Owner Email: ___________________________________ Owner Phone: ______________________________
Applicant Email: ______________________________ Applicant Phone: ______________________________
Building Application Number: __________________________________
A completed form must be submitted with building permit materials for certain development types. For any
questions regarding this form and its contents, please contact the City of Bozeman’s Water Conservation
Division at 406-577-7400 or WaterConservation@Bozeman.net.
Section 1
Is this project part of a site plan, modification, or further development? Yes _______No _________
If yes, enter the site plan, modification, or further development application number below and proceed to
Section 3.
Application Number: _________________________________________
If no, proceed to Section 2.
Section 2
If this project is not part of a site plan, the following developments must follow the Landscape and Irrigation
Design Requirements listed below:
• Single Household or Townhome
• Duplex, Triplex, Fourplex
Landscape and Irrigation Design Requirements:
Select either A) or B):
A) Turfgrass areas may not exceed 35 percent of the total landscaped area or 400 square feet,
whichever is more. Remaining landscaped areas must consist solely of low and/or very low water
use vegetation (plant factor of 0.3 or less) and landscape design elements such as rock mulch and
wood mulch except for raised beds dedicated to edible gardens. Refer to the City of Bozeman plant
list for acceptable plant types. It is strongly encouraged to install at least 50% native plants in the
overall landscape.
B) In lieu of compliance with the above requirement, for those seeking more landscape design
flexibility, a landscape water budget demonstrating that the landscape does not exceed an average
annual irrigation demand of 10 gallons per square foot may be provided. Project applicants pursuing
the water budget approach must provide a completed Water Budget Calculator as outlined in the
City’s Landscape and Irrigation Performance and Design Standards Manual with this form.
Additional requirements:
At least 60 percent of the site area not included in footprints of buildings or structures, sidewalks, driveways,
walkways, or other hardscaped areas, such as decks or pervious pavers, must be landscaped and maintained
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with some combination of vegetative understory plantings, such as shrubs, perennials, turfgrass, creeping
or rooting groundcovers, or other living plants (excluding weeds). The installation of at least 50% native
plants in the overall landscape is encouraged.
Landscaped areas must have at least 6 inches of topsoil depth throughout the entire planted area. The
building footprint and all areas within 5 feet of the actual building are exempt from the topsoil requirement.
The topsoil requirement may be met by implementing one of the following methods prior to planting:
- Amend existing topsoil at a rate of 4 cubic yards of compost/1000 square feet;
- Amend existing topsoil based on the recommendations of a soil test; or
- Import topsoil to achieve a minimum depth of 6 inches of topsoil.
A minimum three-inch layer of mulch must be applied on all exposed soil surfaces of planting areas except
for turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is
disadvantageous.
Rock mulch is discouraged around private trees and prohibited around public, boulevard trees. Public,
boulevard trees must have a 3’ diameter wood mulch ring 3”-4” in depth.
A minimum of 75 percent of trees shall be drought adapted or have a plant factor of 0.3 or less and must
follow the diversity table below:
Deciduous and Evergreen Tree Plant Diversity Table
Number of Trees Maximum % of Single Species
1-5 Can have 100% of one species
6-10 Maximum 50% of any one species
11-20 Maximum 33% of any one species
21+ Maximum 25% of any one species
Backflow prevention devices are required (compliance with local plumbing code).
Irrigation controllers labeled by U.S. Environmental Protection Agency’s WaterSense® Program must be
installed.
Sensors (rain, freeze, ET, soil moisture, etc.), either integral or auxiliary, that suspend or alter irrigation
operation during unfavorable weather conditions or when sufficient soil moisture is present are required.
Overhead irrigation must consist of Multi-Stream, Multi-Trajectory (MSMT) nozzles, or an approved equal,
and/or rotors.
Overhead irrigation must use a 6 inch minimum riser.
Sprinkler heads must be spaced 2 inches minimum from hardscape edges.
Irrigation systems must be designed to properly address hydrozoning in the landscape.
Drip irrigation must be used outside of lawn areas where irrigation is installed.
Areas less than 8 feet wide must be irrigated by drip irrigation. Overhead irrigation is prohibited in areas
less than 8 feet wide unless only used for temporary establishment.
Operating pressure of the irrigation system must meet manufacturer’s recommended operating pressure.
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Trees must be on a separate irrigation valve(s) from other plant types to allow for a unique watering schedule
during drought related outdoor watering restrictions. Drip irrigation, such as emitters, root watering
systems, or bubblers, must be used to irrigate trees.
Irrigation pipe installed under hardscape surfaces must be sleeved in a rigid pipe.
Adjacent boulevard(s) must comply with these Landscape and Irrigation Design Requirements and current
boulevard tree requirements.
Section 3
By signing this form, the property owner/applicant hereby agrees that the landscape and irrigation will comply
with the approved plan or the Landscape and Irrigation Design Requirements. The property owner/applicant
understands that this property is subject to random compliance inspections performed by City staff. Non-
compliant properties may be subject to fines or citations according to Chapter 40 in the Bozeman Municipal
Code.
Owner Signature: __________________________________________ Date: ______
Applicant Signature: __________________________________________ Date: ______
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APPENDIX F : LANDSCAPE INSTALLATION CERTIFICATE OF COMPLETION
This form must be submitted prior to receiving final plat for subdivisions or prior to issuance of a certificate of
occupancy for site plan applications OR prior to releasing a security as provided by an improvement’s agreement.
This form does not apply to areas dedicated as parkland.
I hereby certify that:
1) I am a qualified professional per BMC 38.220.100.B. and/or BMC 38.220.100.C. to provide landscape and
irrigation design services for:
Project Applicant Name
________________________________________________________________________________
Project Applicant Telephone
________________________________________________________________________________
Project Applicant Mailing Address
________________________________________________________________________________
The landscape project for the property listed below was installed by me or under my supervision:
Street Address or Parcel Number(s)
________________________________________________________________________________
2) The installation complies with ONE of the following:
a) The required landscape and irrigation system has been installed according to the approved Landscape
Documentation Package and complies with the requirements of the approved landscape and irrigation
plan, the City of Bozeman Municipal Code, and the City of Bozeman Landscape and Irrigation Design and
Performance Standards Manual.
Yes_________ No ________
b) The required landscape and irrigation system has been installed in general conformance with the
approved Landscape Documentation Package and complies with the requirements of the approved
landscape and irrigation plan, the City of Bozeman Municipal Code, and the City of Bozeman Landscape
and Irrigation Design and Performance Standards Manual. Deviations from the approved landscape and
irrigation system plans still meet the intent of these standards.
Yes_________ No _________
(NOTE: If selecting (b), documentation of deviations from the approved landscape and irrigation
plans must be provided with this form.)
3) The following are attached hereto:
a) Documentation verifying the installation of 6” of topsoil through one of the following methods;
i) Amending existing topsoil at a rate of 4 cubic yards of compost/1,000 square feet,
ii) Performing a soil test and amending the soil as recommended by the test, or
iii) Importing topsoil that has been amended pursuant to the recommendations of a soil test.
b) Temporary irrigation watering schedule, including the plan and date for temporary irrigation to be
disabled (if applicable); and
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i) The plan for disabling any temporary irrigation must be provided to the entity responsible for
irrigation maintenance. Establishment period is a maximum of three growing seasons.
c) Landscape and irrigation record drawings for all City maintained areas. For each area maintained by a
unique City division, provide a separate record drawing labeled for that division (e.g. a record drawing
for right-of-way area will be labeled for the streets division).
4) For the efficient use of water, all irrigation watering schedules have been developed to use the minimum
amount of water required to maintain plant health and function. Watering schedules meet the following:
a) Irrigation scheduling is regulated by a weather or soil moisture sensor connected to an irrigation
controller.
Yes________ No ________
b) Except for parks and irrigation systems where the water supply is fully independent of City ownership
or maintenance, all overhead irrigation is scheduled in accordance with BMC 40.02.1290.
Yes ________No _________
(NOTE: If the watering window cannot be met after the first 45 days of plant establishment, an
exemption request form must be submitted to the Water Conservation Division for approval per
Administrative Order 2023-02.)
5) The irrigation controller(s) contains a document outlining the following:
a) Scheduling parameters used to program the controller; and
b) Peak season watering schedule for the established landscape that specifies each controller station area,
run times and frequency, and temporary stations used for plant establishment.
The information I have provided in this Landscape Installation Certificate of Completion is true and correct
and is hereby submitted in compliance with the City of Bozeman Landscape and Irrigation Design and
Performance Manual and the City of Bozeman Municipal Code.
Print Name Date
Signature License Number
Address
Telephone E-mail Address
Signature or stamp of the qualified landscape and/or irrigation professional per BMC 38.220.100.B. and BMC
38.220.100.C. (If Appropriate)
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Print Name Date
Signature License Number
Address
Telephone E-mail Address
Signature or stamp of the qualified landscape and/or irrigation professional per BMC 38.220.100.B. and BMC
38.220.100.C. (If Appropriate)
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Memorandum
REPORT TO:City Commission
FROM:Jessica Ahlstrom, Water Conservation Program Manager
Shawn Kohtz, Director of Utilities
Danielle Garber, Senior Planner
Chris Saunders, Community Development Manager
Erin George, Deputy Director of Community Development
Anna Bentley, Director of Community Development
SUBJECT:Ordinance 2155 Final Adoption to Revise Chapter 38 and 40 of the Bozeman
Municipal Code to Include Required Water Efficient Landscape and Irrigation
Performance and Design Standards
MEETING DATE:May 14, 2024
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION:I move to adopt Ordinance 2155.
STRATEGIC PLAN:6.1 Clean Water Supplies: Ensure adequate supplies of clean water for today
and tomorrow.
BACKGROUND:On February 15, 2022, the City Commission held a work session to discuss
the development and implementation of required water efficient landscape
and irrigation performance and design standards for new development. City
staff proposed three ‘tiers’ of standards (tier 1, 2, and 3), each including a
different suite of requirements that were projected to result in relatively
low, medium, and high levels of water saved, respectively. The City
Commission directed staff to develop standards that aligned with tier 3,
which was estimated to result in the greatest water savings. This ‘tier 3’
water efficient landscape ordinance was included as a recommended
program measure in the 2023 Water Conservation and Efficiency Plan and is
estimated to save 1,291 acre-feet of water in the year 2040 compared to
development without the standards in place.
Standards were developed by reviewing national and supply-constrained
western state standards, considering the financial impacts of the standards,
analyzing Bozeman’s water use trends and achievable savings through the
implementation of various standards, and engaging with community
members.
The landscape standards reduce the installation of high water use turfgrass,
ensure adequate soil quantity and quality that supports healthy plants and
reduces water use, and increase the installation of drought adapted
landscaping in future development. The standards include limits on the
amount of turfgrass permitted to be installed in new development. Two
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separate project/plan approval ‘pathways’ have been developed for project
applicants to choose from to meet future landscaping requirements. These
pathways are intended to provide 1) a simple pathway to receive design
approval and, 2) a pathway to accommodate greater design flexibility. The
applicant chooses which pathway to use.
The irrigation standards ensure that irrigation systems installed in future
development projects achieve water use efficiency through proper design
and performance. The standards include requiring high efficiency irrigation
nozzles, weather-based irrigation controllers, adequate operating pressure,
proper ‘hydrozoning’ aligned with industry best management practice and
prohibiting overhead spray irrigation in narrow landscaped areas prone to
runoff and water waste.
Ordinance 2155 revises Articles 2, 4, 5 and 7 of Chapter 38 of the Bozeman
Municipal Code to include submittal requirements for landscape and
irrigation plans, completion and acceptance of requirements for landscape
and irrigation improvements and refer to the City of Bozeman Landscape
and Irrigation Performance and Design Standards Manual for specific
landscape and irrigation requirements to ensure water savings is achieved
through efficient design and performance. Ordinance 2155 also revises
Article 2 of Chapter 40 of the Bozeman Municipal Code to refer to Chapter
38, Article 5, Division 550, the City of Bozeman Landscape and Irrigation
Performance and Design Standards Manual and include reference to
irrigation systems in rules and regulations of the utility.
The City Commission provisionally adopted this ordinance unanimously on
April 23, 2024. For details, please see the video of the April 23rd meeting
beginning at 52:50 minutes in the recording and the City Commission packet
for the meeting beginning on page 159. During provisional adoption, the
Commission made a motion to revise the turfgrass limit to a maximum
turfgrass area of 400 square feet or 35% of landscaped area, whichever is
more, to all lots subject to sketch plan review. This motion does not require
amendments to Ordinance 2155. The amendments are included in
Resolution 5586.
Ordinance 2155 includes a text amendment in BMC 38.550.020 to authorize
the City Commission to adopt the City of Bozeman Landscape and Irrigation
Performance and Design Standards Manual pursuant to resolution
(Resolution 5586).
Final adoption of Ordinance 2155 is in conjunction with adoption of
Resolution 5586.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the Commission.
FISCAL EFFECTS:None.
Attachments:
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Ordinance 2155_Water Efficient Landscape
Ordinance_FINAL.pdf
Report compiled on: April 25, 2024
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Ordinance 2155
Page 1 of 43
ORDINANCE 2155
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA GENERALLY REVISING CHAPTER 38 AND CHAPTER 40 OF THE
BOZEMAN MUNICIPAL CODE TO ESTABLISH NEW WATER EFFICIENT
LANDSCAPE AND IRRIGATION PERFORMANCE AND DESIGN STANDARDS,
AUTHORIZE THE ADOPTION OF A LANDSCAPE AND IRRIGATION
PERFORMANCE AND DESIGN STANDARDS MANAUAL VIA RESOLUTION, AND
PROVIDING AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
Legislative Findings
The City Commission hereby makes the following findings in support of adoption of this Ordinance:
1.The City of Bozeman (“City”) has adopted land development and use standards to protectpublic health, safety and welfare and otherwise execute the purposes of Montana CodeAnnotated §§ 76-1-102, 76-2-304, 76-3-102, and 76-3-501.
2. Pursuant to the Bozeman City Charter, the City of Bozeman has adopted and is hereby
relying upon its self-government powers recognizing pursuant to Montana law such self-
government powers must be liberally construed in favor of such power.
3. The Bozeman City Commission is authorized, pursuant to Mont. Code Ann. § 7-13-4402(2021), to adopt, enter into, and carry out means for securing a supply of water for the use of
the City and its present and future inhabitants.
4. The City of Bozeman has the authority to regulate the use of water for outdoor use pursuantto Chapter 40 of the Bozeman Municipal Code.
5. The existing municipal water supply of the City of Bozeman is an essential resource that
sustains public health, safety and welfare and is highly susceptible to the impacts of droughttherefore necessitating efficient use and conservation of the limited water resource.
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Ordinance 2155
Page 2 of 43
6. The City is responsible for providing current and future customers with a reliable, sustainable, and cost-effective supply of high-quality drinking water at all times and is
committed to making the highest and best use of the City’s water resources.
7. Bozeman is a semi-arid, headwaters community dependent on limited water supplies that are subject to impacts from drought.
8. Drought events, population growth, and impacts of climate change on water supply yields,
make Bozeman increasingly susceptible to water supply reliability challenges. 9. The City has the authority to establish regulatory structures and procedures through this Ordinance to be implemented in conjunction with the Landscape and Irrigation Performance
and Design Standards Manual adopted pursuant to Resolution 5586.
10. The Landscape and Irrigation Performance and Design Standards Manual includes required water conservation standards be implemented in new development projects to ensure the efficient use of water for outdoor uses.
11. The City’s ‘Engage Bozeman’ framework was utilized to provide community groups with an opportunity to contribute to decision making processes to inform the contents of the Landscape and Irrigation Performance and Design Standards Manual.
12. The City of Bozeman adopted the 2013 Integrated Water Resources Plan which calls for
water conservation to reduce the future water supply demand gap by fifty percent. 13. The City adopted a growth policy, the Bozeman Community Plan 2020 (BCP 2020), by Resolution 5133 to establish policies for development of the community.
14. The adopted BCP 2020 includes objectives to support water conservation and the use of native plants in landscaping, review and update landscape standards for public and private open spaces to reduce water use, and update land development standards to implement the Integrated Water Resources Plan.
15. The adopted 2020 Bozeman Climate Plan includes objectives to build on the success of water conservation education, evaluate additional water conservation code adjustments, and maintain and expand the urban forest. 16. On December 21, 2021, the City Commission adopted Resolution 5368, adopting the
Bozeman City Commission Priorities for 2022 and 2023, which includes policies to reduce water consumption related to drought tolerant landscaping and watering restrictions.
17. On February 15, 2022, the City Commission held a work session to provide direction to staff on the development of ‘tier 3’ water efficient landscape and irrigation standards for new development projects.
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Ordinance 2155
Page 3 of 43
18. On October 24, 2023, the City Commission adopted Resolution 5547, adopting the 2023Water Conservation and Efficiency Plan which recommends the implementation and
adoption of a ‘tier 3’ water efficient landscape ordinance for new development projects.
19.The 2023 Parks, Recreation and Active Transportation Plan includes a goal to createstandards for efficient irrigation infrastructure in City Parks.
20. After proper notice, the Community Development Board in their capacity as Bozeman
Zoning Commission/Planning Board held a public hearing on April 1, 2024, to receive andreview all written and oral testimony on the proposed amendments.
21. The Community Development Board acting in their capacity as the Bozeman Zoning
Commission and Planning Board recommended to the Bozeman City Commission that
Ordinance 2155, be approved.
22. After proper notice, the City Commission held a public hearing on April 23, 2024 to receiveand review all written and oral testimony on this Ordinance.
23. The City Commission has reviewed and considered the applicable amendment criteriaestablished in Mont. Code Ann. § 76-2-304 and the Montana Subdivision and Platting Actand finds that the proposed amendments are in compliance with the criteria.
Section 2
That Section 38.200.010.D. – 38.200.010.E. (Review authority) of the Bozeman Municipal Code shall be amended to read as follows:
Sec. 38.200.010. Review authority.
…
D.The city engineer must review and upon recommendation from the applicable advisorybodies when needed approve, approve with conditions or deny the following site elementsand processes:
…
14. Protection of landscape areas per paragraph 38.550.050.GH;
…
E.The director of utilities must review and upon recommendation from the applicableadvisory bodies as needed approve, approve with conditions or deny the followingdevelopment elements and processes:
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Ordinance 2155
Page 4 of 43
…
5. The maximum length of service lines per section 38.410.070; and
6. Provision of water rights as authorized in section 38.410.130; and
7. Landscape and irrigation plans per section 38.550.060.
All other subsections of this section shall remain unchanged.
Section 3
That Section 38.220.030.A.3. (Subdivision pre-application submittal materials) of the Bozeman
Municipal Code shall be amended to read as follows:
Sec. 38.220.030. Subdivision pre-application submittal materials.
A. The pre-application plan may be a freehand sketch, legibly drawn, showing approximate boundaries, dimensions, areas and distances. The plan may be drawn directly on a print of a topographic survey required for the preliminary plat and must include:
…
3. Utilities. The existing and proposed utilities located on and adjacent to the proposed subdivision including:
…
c. Water source for irrigation and general areas to be landscaped and irrigated, including but not limited to collector and arterial street rights-of-way and open space.
All other subsections of this section shall remain unchanged.
Section 4
That Section 38.220.040.B. (Subdivision preliminary plat) of the Bozeman Municipal Code shall
be amended to read as follows:
Sec. 38.220.040. Subdivision preliminary plat.
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B. The following information must be submitted along with the preliminary plat.
…
6. Landscaping and Irrigation.
a. Proof of compliance with water conservation standards outlined in the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design
Standards Manual and 38.550.050.D. and 38.550.070.
7. Application and fee. Completed preliminary plat application form, with the original signatures of all owners of record or their authorized representatives, and the required review fee. If an authorized representative signs on behalf of an owner of record, a copy of the authorization must be provided.
All other subsections of this section shall remain unchanged.
Section 5
That Section 38.220.060.A.14. (Documentation of compliance with adopted standards) of the
Bozeman Municipal Code shall be amended to read as follows:
Sec. 38.220.060. Documentation of compliance with adopted standards.
A. The following information must be provided with all subdivision preliminary plat applications in order to document compliance with adopted development standards
unless waived by the development review committee during the pre-application process per section 38.240.110. The developer must include documentation of any waivers granted by the city after the pre-application review. Additional relevant and reasonable information may be required to adequately assess whether the proposed subdivision complies with this chapter, the Montana Subdivision and Platting Act, and other
applicable standards.
…
14. Parks and recreation facilities. The following information must be provided for all land
used to meet parkland dedication requirements:
a. Park plan. A park plan, including:
…
(6) Park conceptual landscaping plan, prepared by a qualified landscape professional in accordance with section 38.220.100 unless the parks department has adopted an alternate plan standard, showing the location and specific types and species of plants, shrubs, trees as well as grass seed mixes
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and the irrigation system including but not limited to identification of water source, points of connection, mains, laterals, valves, zones, and sprinkler
heads;
…
b. Irrigation information.
(1) An irrigation system map generally showing the locations and types of lines,
including depth, water source, heads, electric valves, quick couplers, drains and control box Irrigation system design compliant with requirements outlined in the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual; and
(2) If an existing well will be used for irrigation, a certified well log must be
submitted showing depth of well, gpm, pump type and size, voltage, water rights, etc.
All other subsections of this section shall remain unchanged.
Section 6
That Section 38.220.070. (Final plat) of the Bozeman Municipal Code shall be amended to read
as follows:
Sec. 38.220.070. Final plat.
A. The following materials must be provided with each application for final plat approval. Materials must be provided in the number of copies and form established by the director of
community development.
…
4. Final park plan. For all land used to meet parkland dedication requirements, a final
park plan must be submitted to the city for review and approval prior to final plat. The final park plan must include all of the information listed in section 38.220.060.A.145 and must include evidence of compliance with the installation requirements of division 38.270. The final park plan irrigation system must comply with requirements outlined
in the most recent version of the City of Bozeman Landscape and Irrigation
Performance and Design Standards Manual.
5. Landscape and irrigation plans.
a. Rights of way. For all collector and arterial rights-of-way land proposed to be
landscaped and irrigated, a detailed landscape and irrigation plan must be submitted for review and approval prior to final plat or installation, whichever occurs first. The
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detailed landscape and irrigation plan must comply with water conservation standards outlined in the most recent version of the City of Bozeman Landscape and
Irrigation Performance and Design Standards Manual and 38.550.050.D and
38.550.070, and must comply with the installation requirements of division 38.270.
b. Open space. For all open space land proposed to be landscaped and irrigated, a final landscape and irrigation plan must be submitted for review and approval prior to
final plat or installation, whichever occurs first. The detailed landscape and
irrigation plan must comply with water conservation standards outlined in the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual, 38.550.070, and must comply with the installation requirements of division 38.270.
65. Irrigation system record drawingsas-builts. The developer must provide irrigation system as-builts, for all irrigation installed in public rights-of-way and/or land used to meet parkland dedication requirements, once the irrigation system is installed. The record drawings as-builts must, at a minimum, include the exact locations and type of
lines, including accurate depth, water source, heads, electric valves, quick couplers, drains and control box.
76. Affordable housing. If the plat has used the provisions of division 38.380, the developer must provide a description of how the subdivision has complied with
division 38.380. The description must be of adequate detail to clearly identify those
lots designated as subject to division 38.380 compliance requirements and to make the obligations placed on the affected lots readily understandable.
87. Conditions of approval. A sheet(s) of the plat depicting conformance with subdivision
application approval must be submitted as set forth in 24.183.1107 ARM as may be
amended and as required by the county clerk and recorder, and must:
…
j. Include a notation stating that topsoil depth and topsoil quality requirements must
be met on all future subdivided lots prior to installation of landscaping and irrigation, as outlined in the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual.
98. Documents. The following documents must accompany the final plat:
…
109. For non-public improvements, the developer must provide certification by the
architect, landscape architect, engineer or other applicable professional that all
improvements, including, but not limited to, landscaping, irrigation, ADA accessibility
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requirements, private infrastructure, and other required elements were installed in accordance with the approved plans and specifications, or plat as applicable, unless a
waiver of certification in whole or part is explicitly approved by the DRC.
All other subsections of this section shall remain unchanged.
Section 7
That Section 38.220.080. (Site plan submittal requirements) of the Bozeman Municipal Code
shall be amended to read as follows:
Sec. 38.220.080. Site plan submittal requirements.
A.Applications for all site plan approvals must be submitted to the community developmentdepartment on forms provided by the community development director.
1.General information.
a.Complete, signed application including the following:
…
(4)Name and mailing address of engineer/architect, landscape architect,
irrigation designer, and/or planner;
…
2.Site plan information. The following information is required whenever the requested
information pertains to zoning or other regulatory requirements of this chapter,existing conditions on-site or conditions on-site which would result from the proposeddevelopment:
…
g.Location, identification and dimension of the following existing and proposeddata, on-site and to a distance of 100 feet (200 feet for PUDs) outside site planboundary, exclusive of public rights-of-way, unless otherwise stated:
…
(18) Landscaping and irrigation (detailed plan showing plantings, irrigationlayout, equipment, and other relevant appropriate information as required in
section 38.220.100);
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…
k. Description and mapping of soils existing on the site, accompanied by analysis as
to the suitability of such soils for the intended construction and proposedlandscaping;. Soil in proposed landscaping areas must comply with requirementsoutlined in the most recent version of the City of Bozeman Landscape andIrrigation Performance and Design Standards Manual.
All other subsections of this section shall remain unchanged.
Section 8
That Section 38.220.100. (Submittal requirements for landscape plans) of the Bozeman
Municipal Code shall be amended to read as follows:
Sec. 38.220.100. Submittal requirements for landscape and irrigation plans.
A.These Llandscape and irrigation requirements regulations apply to a lot or site subject toplan review and approval outlined in division 38.230 of this chapter. A separate landscapeand irrigation plan must be submitted as part of the site plan application. The landscape and
irrigation plan must comply with requirements outlined in the most recent version of the
City of Bozeman Landscape and Irrigation Performance and Design Standards Manual.unless the required landscape information can be included in a site plan that meetsformatting requirements as determined by the city and the standards listed below.
B.Preparation of landscape plan. Landscape plans must be signed by one of the following
qualified landscape professionals:
…
C.Preparation of an irrigation plan. Irrigation plans must be signed by one of the following
qualified irrigation professionals:
1. A state-registered landscape architect with irrigation credentials;
2. A certified irrigation designer;
3. A licensed or certified irrigation contractor; or
4. An individual with the requisite skills and experience to design an irrigation system. Thedirector may establish standards for the types of skills and experience required to qualify under this subsection.
C.D. Contents of landscape plan. A landscape plan required pursuant to this chapter must contain
the following information:
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1. Property and project information:
a. 1. Date, scale, north arrow, and the names, addresses, and telephone numbers of both the property owner and the person preparing the plan;
b. 2. Location of existing boundary lines and dimensions of the lot;
c. 3. Approximate centerlines of existing watercourses, required watercourse setbacks,
and the location of any 100-year floodplain; the approximate location of significant
drainage features; and the location and size of existing and proposed streets and alleys, utility easements, utility lines, drive aisles and sidewalks on the lot and/or adjacent to the lot;
d. 4. Project name, street address, and lot and block description;
e. 5. Location, height and material of proposed screening and fencing (with berms to
be delineated by one foot contours);
f. 6. Locations and dimensions of proposed landscape buffer strips, including watercourse buffer strips;
7. Complete landscape legend providing a description of plant materials shown on
the plan, including typical symbols, names (common and botanical name), locations, quantities, container or caliper sizes at installation, heights, spread and spacing. The location and type of all existing trees on the lot over six inches in caliper must be specifically indicated;
g. 8. Complete illustration of landscaping and screening to be provided in or near off-street parking and loading areas, including information as to the amount (in square feet) of landscape area to be provided internal to parking areas and the number and location of required off-street parking and loading spaces;
9. An indication of how existing healthy trees (if any) are to be retained and protected from damage during construction;
h. 10. Size, height, location and material of proposed seating, lighting, planters,
sculptures, and water features;
11. A description of proposed watering methods;
i. 12. Location of street vision triangles on the lot (if applicable);
j. 13. Designated snow removal storage areas;
k. 14. Location of pavement, curbs, sidewalks and gutters;
l. 15. Show location of existing and/or proposed drainage facilities which are to be used for drainage control;
m. 16. Existing and proposed grade;
17. Size of plantings at the time of installation and at maturity;
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18. Areas to be irrigated;
n. 19. Planting plan for watercourse buffers, per section 38.410.100, if not previously
provided through subdivision review; and
o. 20. Front and side elevations of buildings, fences and walls with height dimensions if not otherwise provided by the application. Show open stairways and other projections from exterior building walls.
2. Plant material and soil information:
a. A landscape plan required pursuant to this chapter must include plant material and soil information requirements outlined in the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual.
E. Contents of irrigation plan. An irrigation plan required pursuant to this chapter must contain the information listed in the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual.
All other subsections of this section shall remain unchanged.
Section 9
That Section 38.220.110. (Sketch plan submittal requirements) of the Bozeman Municipal Code
shall be amended to read as follows:
Sec. 38.220.110. Sketch plan submittal requirements.
A sketch plan must be drawn to scale and in sufficient detail to demonstrate compliance
with the requirements of this chapter. Sketch plans must be oriented with north at the top of the page and must also show site boundaries, street and alley frontages with names, street trees, water and sewer service locations, sidewalks, parking location and size, and location of all structures with distances to the nearest inch or nearest tenth of foot between buildings and from
buildings to property lines.
The landscape and irrigation for a lot or site subject to sketch plan submittal requirements must comply with applicable requirements outlined in the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual.
A Building Permit Landscape & Irrigation Self-Certification Form, as outlined in the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual must be submitted with an application for a building permit unless a waiver of certification in whole or part is explicitly approved by the review authority.
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Section 10
That Section 38.220.130.A.3.a.(7) (Submittal materials for regulated activities in wetlands) of
the Bozeman Municipal Code shall be amended to read as follows:
Sec. 38.220.130. Submittal materials for regulated activities in wetlands.
A. All parties applying for activity permits proposing action affecting federal, state or city
regulated wetlands, watercourses and/or buffers within the city limits must submit the following information:
…
3. If in the preparation or review of the required submittal materials it is determined that there are unavoidable impacts to wetlands and/or watercourses that will require a Federal Clean Water Act permit, then the following information must be submitted to the city for all federal jurisdictional and city-regulated wetlands (see section
38.700.210 for definition) in a compensatory mitigation report:
a. The descriptive narrative must include, at a minimum:
…
(7) A planting schedule by proposed community type and hydrologic regime, size and type of plant material to be installed, spacing of plants, "typical" clustering patterns, total number of each species by community type, timing of installation, nutrient requirements, watering schedule, weed control, and where appropriate measures to protect plants from destruction. Native
species must comprise 80 percent of the plants installed or seeded within the mitigation site. Any irrigation installed in these areas must comply with requirements outlined in the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual.
All other subsections of this section shall remain unchanged.
Section 11
That Section 38.220.320.B (Covenants) of the Bozeman Municipal Code be created to read as
follows:
Sec. 38.220.320. Covenants.
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B.Landscaping and irrigation requirements included in private covenants must comply withthis code and the most recent version of the City of Bozeman Landscape and Irrigation
Performance and Design Standards Manual.
All other subsections of this section shall remain unchanged.
Section 12
That Section 38.230.070.A.2. (Sketch plan review) of the Bozeman Municipal Code shall be
amended to read as follows:
Sec. 38.230.070. Sketch plan review.
A.Sketch plan submittal requirements.
...
2.Separate construction plans and compliance with landscaping and irrigationrequirements outlined in the most recent version of the City of Bozeman Landscapeand Irrigation Performance and Design Standards manual are required necessary for
building permits when the proposal requires such permits. Additional information isalso necessary when the proposal requires the issuance of a certificate ofappropriateness (see sections 38.230.080 and 38.220.090).
All other subsections of this section shall remain unchanged.
Section 13
That Section 38.230.140.A. (Final plan) of the Bozeman Municipal Code shall be amended to read as follows:
Sec. 38.230.140. Final plan.
A.If the review authority is the city commission, no later than six months after the date of thecommission's approval of the plan, the applicant must submit to the communitydevelopment department a final plan. The number of copies of the final plan to be submitted
is established by the director of community development. The final plan must contain the
materials required in sections 38.220.080, and 38.220.090, 38.220.100, and whateverrevisions to the preliminary site plan or master site plan are required to comply with anyconditions of approval. Prior to the passage of six months, the applicant may seek anextension of not more than an additional six months from the director of community
development.
All other subsections of this section shall remain unchanged.
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Section 14
That Section 38.230.170. (Improvements to existing developed sites independent of site plan
review) of the Bozeman Municipal Code shall be amended to read as follows:
Sec. 38.230.170. Improvements to existing developed sites independent of site plan review.
The continued improvement of existing developed sites is desired to increase the level of compliance with the provisions of this chapter and to encourage maintenance and viability of the
site. An applicant may propose improvements, not in association with a plan review, to increase
conformity with the standards of this chapter for landscaping, irrigation, lighting, parking or similar components of a site to occur over a defined period of time, not to exceed three years. Such improvements must be depicted on a site plan drawn to scale and which must be sufficiently detailed to clearly depict the current conditions, the intended end result of the
proposed improvements and any phasing of work. Such improvements must be reviewed by and
approved at the discretion of the review authority which may require surety in accordance with the terms of division 38.270 of this chapter for work performed. A certificate of appropriateness may be required if the site is located within the neighborhood conservation overlay district.
Section 15
That Section 38.270.010.A. (Purpose and applicability) of the Bozeman Municipal Code shall be
amended to read as follows:
Sec. 38.270.010. Purpose and applicability.
A. This division provides standards and procedures relating to the installation of physical improvements and compliance with requirements related to development. As these improvements are necessary to meet requirements of the law and to protect public health,
safety and general welfare and other purposes of this chapter it is also necessary to provide
means by which their installation can be ensured. Such improvements may include, but are not limited to, design elements such as landscaping or architectural features; and infrastructure, such as parking facilities, storm drainage facilities, pedestrian walkways, irrigation, and public utilities. Furthermore, in some situations it is in the best interest of the
person conducting development to be able to provide security for the completion of certain work and be able to begin utilization of a development sooner than would otherwise be possible if all improvements had to be physically installed before use could begin. This article therefore protects the public health, safety, and welfare and sources of public funding
by:
…
All other subsections of this section shall remain unchanged.
Section 16
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That Section 38.270.020.A.2. and 38.270.020.B. (Standards for improvements) of the Bozeman
Municipal Code shall be amended to read as follows:
Sec. 38.270.020. Standards for improvements.
A. General. The developer must comply with the following procedures and standards for the installation of development improvements, including parks.
…
2. Protection of existing improvements. The developer, and the developer's contractors and suppliers are jointly and severally responsible to ensure that existing improvements are not damaged or rendered less useful by the operation of the developer, and the developer's contractors or suppliers. Such protection of improvements may include
requirements for cleaning of vehicles leaving a construction site. This provision is intended to preclude damage to existing roads, streets, water, landscape, irrigation, sewer and drainage systems. The city may instruct the developer as to the streets or roads to be used for access by construction equipment, and the developer must require the same from the developer's contractors and their suppliers. The city may require the
developer to post a security to guarantee repair of damages.
B. Improvements to be dedicated to the public.
1. Plans and specifications. Engineering and survey plans, specifications and reports
required in connection with public improvements and other elements of the subdivision, or other development required by the city, must be prepared by a registered engineer or a registered land surveyor as applicable, licensed in the state of Montana, as their respective licensing laws allow. The plans and specifications must be
prepared in compliance with the city's design standards and specifications policy, park
design standards, the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual, and other regulations and policies, as applicable. Plans and specifications for non-engineering improvements must be prepared by a person whose qualifications are acceptable to the city
department with responsibility for that type of improvements. Plans and specifications
for non-engineering improvements must be prepared in compliance with any applicable adopted design standards and specifications policy.
…
4. Improvement procedure.
a. Approval of the improvement plans and specifications must be completed before installation of improvements or entering into an agreement where security is to be provided for the completion of the improvements.
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b. The procedure for submittal, review, and approval of improvement plans and specifications is contained in the city's design standards and specifications policy,
and must be followed by the developer and the developer's contractors. All plans
and specifications related to park and public trail improvements must be submitted to the parks division for review and approval. All plans and specifications related to landscaping and irrigation must conform to requirements outlined in the most recent version of the City of Bozeman Landscape and
Irrigation Performance and Design Standards Manual.
All other subsections of this section shall remain unchanged.
Section 17
That Section 38.270.030.A. and 38.270.030.B.1.b.(2). (Completion of improvements) of the
Bozeman Municipal Code shall be amended to read as follows:
Sec. 38.270.030. Completion of improvements.
A. General. The applicant must provide certification by the architect, landscape architect, engineer or other applicable professional that all improvements to be dedicated to the public were installed in accordance with the approved site plan, plans and specifications, or plat as
applicable. For required private improvements, the applicant must provide certification by the architect, landscape architect, engineer or other applicable professional that all improvements, including, but not limited to, landscaping, irrigation, ADA accessibility requirements, private infrastructure, and other required elements were installed in accordance with the approved site plan, plans and specifications, or plat as applicable,
unless a waiver of certification in whole or part is explicitly approved by the DRC.
1. Improvements to be dedicated to the public. Improvements to be dedicated to the public, such as water mains, sewer mains, parkland and related improvements, landscape, irrigation, and public streets, must be:
a. Installed by the developer in accordance with the approved plans and specifications;
b. Certified by a registered professional civil engineer, licensed in the State of Montana, or other appropriate professional acceptable to the city;
c. Accepted by the city prior to the approval of the final plat, building permit,
issuance of a certificate of occupancy or other identified benchmark as appropriate.
…
B. Completion time for subdivisions.
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1. Improvements. All subdivision improvements, including parks, must be constructed and completed as approved by the city.
…
b. The subdivider must meet the requirements of either subsection (1) or (2) for completion of street improvements. The option must be specified in the
preliminary plat submittal. Should the applicant not identify which option is
desired, the option presented in subsection B.1.b.(1) of this section must be required. Altering the choice of option after approval of the development constitutes a material modification to the project and requires re-review of the project for modification to the approval subject to the provisions of section
38.100.070.
…
(2) The subdivider must enter into an improvements agreement guaranteeing the completion of the paving, curb, gutter, storm drainage, street lighting, sidewalks, required boulevard landscape and irrigation, or other street
infrastructure improvements not yet completed. The improvements
agreement must provide security, as explained in this division. However, at a minimum, the plans and specifications for the street improvements must be approved by the review authority prior to final plat approval. Building permits will not be issued until the street improvements are completed and
accepted by the city, except when concurrent construction is an identified
purpose of the initial project review and approved pursuant to the criteria established in subsection D of this section.
All other subsections of this section shall remain unchanged.
Section 18
That Section 38.270.050.A.2. (Acceptance of improvements) of the Bozeman Municipal Code
shall be amended to read as follows:
Sec. 38.270.050. Acceptance of improvements.
A. Improvements dedicated to the public.
…
2. Acceptance of park, water, sewer, and storm drainage, landscape and irrigation improvements. Before any public park, water, sewer, or storm drainage, and landscape
and irrigation improvement, whether new or existing, can be accepted into the city
system by the city, it must be built to meet or exceed the required standards. Any improvement must meet or exceed standards set by the city, Montana Department of
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Environmental Quality, and county road office, as appropriate. Improvements must be reviewed and approved by the city and other agency, as applicable.
All other subsections of this section shall remain unchanged.
Section 19
That Section 38.270.090.A.2. and B.1. (Development or maintenance of common areas and facilities by developer or property owners' association) of the Bozeman Municipal Code shall be
amended to read as follows:
Sec. 38.270.090. Development or maintenance of common areas and facilities by developer
or property owners' association.
A. General. For the purposes of this section, "common areas and facilities" include:
…
2. Boulevard strips or street medians in public rights-of-way along external subdivision streets and adjacent to parks or open space;
…
B. Development. If common areas or facilities will be developed by a developer or a property owners' association, a development plan for the common area or facilities must be submitted
with the preliminary plat application or zoning application for review and approval. The
development plan must be reviewed and approved by the city prior to the installation of improvements in common areas or the installation of common facilities. An approved park master plan satisfies this requirement.
1. Landscaping and irrigation. When landscaping or irrigation systems will be installed in parkland, boulevard strips or common open space, common areas or facilities the
development plan must be accompanied by a landscapeing and irrigation plan that was prepared by a qualified landscaping professional and complies with the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual. When landscaping or irrigation in common areas or facilities is
installed by the subdivider, the subdivider must warrant these improvements against any and all defects for a period of two years from the date of installation of the landscaping and irrigation. When landscaping or irrigation in a park is installed by the subdivider, the subdivider must comply with the parks design standards and warrant these improvements against any and all defects for a period of two years from the date
of installation of the landscaping and irrigation.
All other subsections of this section shall remain unchanged.
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Section 20
That Section 38.410.060. (Easements) of the Bozeman Municipal Code be amended to read as
follows:
Sec. 38.410.060. Easements.
…
E. Easements for City-owned Irrigation Systems. Easements benefitting city must be provided for irrigation systems and components that will be owned and maintained by the city for use
in public rights-of-way and parks that are located on private land pursuant to this section and 38.550.070.
E.F. Other easements. Public access easements for streets and trails must be provided in accordance with the provisions of divisions 38.400 and 38.420 of this chapter.
All other subsections of this section shall remain unchanged.
Section 21
That Section 38.410.080.G. (Grading and drainage) of the Bozeman Municipal Code shall be
amended to read as follows:
Sec. 38.410.080. Grading and drainage.
…
G. All finish grades in landscaped areas must comply with the provisions set forth in section
38.550.050.J.L.
All other subsections of this section shall remain unchanged.
Section 22
That Section 38.410.100.A.2. (Watercourse setback) of the Bozeman Municipal Code shall be
amended to read as follows:
Sec. 38.410.100. Watercourse setback.
A. Where a development is crossed by or is adjacent to a watercourse, the developer must mitigate the impacts of the development on the watercourse. This mitigation may not be
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less restrictive than the requirements of the city floodplain regulations or any other applicable regulation of this chapter. The purpose of this mitigation is bank stabilization;
sediment, nutrient and pollution removal; and flood control.
...
2. Setbacks for developments granted preliminary plan or plat approval on or after July
10, 2002. These provisions apply to all developments granted preliminary plat or plan
approval on or after July 10, 2002:
…
g. If irrigation is to be installed in the setback area, an irrigation plan must be
provided per 38.220.100 and the irrigation system must comply with requirements outlined in the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual
g.h. Except as otherwise allowed in subsections 2.e and f of this section, no
disturbance of soils and existing vegetation shall occur in any zones.
All other subsections of this section shall remain unchanged.
Section 23
That Section 38.410.130.D.2. (Water adequacy) of the Bozeman Municipal Code shall be
amended to read as follows:
Sec. 38.410.130. Water adequacy.
…
D. The city will determine the estimated increase in annual municipal water demand
attributable to the development. The applicant must offset the estimated increase in annual municipal water demand attributable to the development through one or more of the following means:
…
2. Implementation of onsite and/or offsite water efficiency and conservation measures that reduce the estimated annual municipal water demand attributable to the development by one or more of the following methods:
…
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b. Installation of unirrigated, or minimally irrigated, drought resistant or drought tolerant landscaping that is more water conserving than exceeds the minimum
requirements outlined in the most recent version of the City of Bozeman
Landscape and Irrigation Performance and Design Standards Manual and Chapter 40.. of division 38.550 of this chapter.
c. Installation of high efficiency or water conserving irrigation componentry that exceeds the minimum requirements outlined in the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual
and Chapter 40. of division 38.550 of this chapter.
All other subsections of this section shall remain unchanged.
Section 24
That Section 38.430.070.B and D. (Phased development) of the Bozeman Municipal Code shall
be amended to read as follows:
Sec. 38.430.070. Phased development.
…
B. In connection with any phased PDZ development, the city may require the applicant execute
a development agreement, improvements agreement, or other documentation acceptable to the city ensuring dedication of required parks, open space, or both, and construction of required infrastructure, amenities, landscape, irrigation, or site features.
…
D. If the nature, design, or location of required parks, open space, infrastructure, amenities, landscape, irrigation, or site features makes it necessary to construct them in a sequence other than in rough proportion to approvals for construction of residential or non-residential
structures, the city may require the applicant to construct them in the order and extent
necessary to protect the public and ensure practical function.
All other subsections of this section shall remain unchanged.
Section 25
That Section 38.430.110.A.1. (Amendments to approved planned development zones and general
development plans) of the Bozeman Municipal Code shall be amended to read as follows:
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Sec. 38.430.110. Amendments to approved planned development zones and general
development plans.
A. Amendments to approved general development plan. After approval of a general
development plan, the applicant may request and the director may approve, minor amendments to the general development plan, as described below.
1. Minor amendments. The review authority may approve the following minor
amendments to an approved general development plan if the review authority determines that they do not change the character of the neighborhood and do not contain any changes that would increase the amount of deviation/relaxation of the requirements of the reference base zoning districts beyond those in the approved general development plan. Minor amendments must be consistent with the initial
approval and may include but are not limited to:
…
j. A ten percent increase or less for landscape irrigation water requirement. If a
reduction in water consumption was relied upon as a public benefit to sustain
approval of the planned development zone, any proposed increase in landscape irrigation water use must remain within the eligibility criteria for a sustainable/resilient design pursuant to 38.460.050.C.
All other subsections of this section shall remain unchanged.
Section 26
That Section 38.440.030.A.2. (Amendments to final plan) of the Bozeman Municipal Code shall be amended to read as follows:
Sec. 38.440.030. Amendments to final plan.
A. Issuance of building permits and other development approvals are based on the approved final plan and any conditions of approval. No city administrative personnel are permitted to issue permits for improvements which are not indicated on the approved final plan with the
exception of the following:
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2. Minor changes are defined as follows:
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h. A ten percent increase or less for landscape irrigation water requirement.
i. Modifications to approved landscaping plans and other documents to meet water conservation standards established in the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual.
All other subsections of this section shall remain unchanged.
Section 27
That Section 38.500.020.B.2. (Applicability and compliance) of the Bozeman Municipal Code
shall be amended to read as follows:
Sec. 38.500.020. Applicability and compliance.
…
B. For building additions and remodels, three different thresholds have been established to gauge how the project design standards in this article are applied to such projects.
See figure 38.500.020 below for examples of site development and the respective types
of improvements required under each of the three levels of improvements.
…
2. Level II Improvements include all improvements commenced within a three-year
period (based on the date of permit issuance) that increase the building’s area by more than 20 percent, but not greater than 50 percent. All standards that do not involve repositioning the building or reconfiguring site development apply to Level II Improvements. For example, if a property owner of an existing home in
the B-2 zoning district wants to convert the home to an office and build an
addition equaling 45 percent of the current building’s area, then the following requirements apply:
…
d. Compliance with the off-street parking, landscaping, signage, and lighting provisions of divisions 38.550-580 that relate to proposed improvements.
e. Compliance with the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual.
All other subsections of this section shall remain unchanged.
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Section 28
That Section 38.510.030.F.2. and H.1. (Block frontage standards) of the Bozeman Municipal Code shall be amended to read as follows:
Sec. 38.510.030. Block frontage standards.
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F. Internal roadway storefront block frontages.
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2. Standards. Development as set forth in section 38.510.010.B on sites containing the internal roadway storefront block frontage designation must comply with the storefront block frontage standards as set forth above, with the following modifications:
Table 38.510.030.F Internal roadway storefront block frontage standards
Element Standards( refers to departure opportunities, see subsection
38.510.030 below)
Façade
transparency
At least 50% of ground floor between 30" and 10' above the sidewalk.
Landscaping A planting strip with a tree must be integrated along the sidewalk
every 50' of lineal frontage on average. and must meet requirements
outlined in section 38.550.060.
Sidewalk width 12' minimum walking surface (landscape planter areas may not be
counted in the sidewalk width calculations).
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H. Block frontages in the industrial zones are subject to the standards for "Other" streets as set forth in subsection G above except:
1. Planting areas between the sidewalk and the building, outdoor storage, or parking areas must be at least ten feet in depth and are encouraged required to meet the landscaping
standards of division 38.550. Departure: Reductions in the landscaping frontage may
be considered for low volume and low visibility streets entirely within the industrial zone. Land uses with a higher density of employees warrant standard landscaping and pedestrian access provision
a. Departure: Reductions in the landscaping frontage may be considered for low
volume and low visibility streets entirely within the industrial zone. Land uses
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with a higher density of employees warrant standard landscaping and pedestrian access provisions.
All other subsections of this section shall remain unchanged.
Section 29
That Section 38.520.040.D.4.c. (Non-motorized circulation and design) of the Bozeman
Municipal Code shall be amended to read as follows:
Sec. 38.520.040. Non-motorized circulation and design.
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D. Pathway design.
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4. Pathway design where multi-tenant commercial or mixed-use buildings 100 feet or more in length abut parking lots. Such pathways must feature a 12-foot wide sidewalk with:
… c. Planting strips may be used between any vehicle access or parking area and the pathway, provided that the trees required above are included and the pathway
meets the applicable width standards herein, and the combined pathway and planting strip is at least 12 feet wide. Landscaping and irrigation in planting strips are required to follow standards in 38.550.
All other subsections of this section shall remain unchanged.
Section 30
That Section 38.520.050.D. (Vehicular circulation and parking) of the Bozeman Municipal Code
shall be amended to read as follows:
Sec. 38.520.050. Vehicular circulation and parking.
The standards herein supplement the provisions of divisions 38.400 and 540. Where there is a conflict, these provisions apply.
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D.Internal roadway design.
...
2.In some instances where traffic speed and volume are low, the review authority mayapprove a street where vehicle, bicycle and pedestrian movement are mixed such as
in a "woonerf" or "shared street." Woonerf streets must feature traffic calming and
safety measures as well as landscape, irrigation, and amenity features as determinedby the review authority.
3.Drive-through facilities. Where allowed, drive through facilities (e.g., drive-up
windows) must comply with the following.
a.Drive-through lanes, including waiting and holding lanes, must be separatedfrom public view and internal sidewalks by a planting strip (at least five feetwide with continuous plantings of evergreen shrubs and/or trees that willprovide continuous evergreen screen at least four feet tall at maturity) and/or a
masonry wall at least three feet high. Alternative landscaping schemes may be
approved provided they include the masonry wall and a substantial vegetativescreen. The landscaping must comply with division 38.5560
All other subsections of this section shall remain unchanged.
Section 31
That Section 38.520.060.B.1. (On-site residential and commercial open space) of the Bozeman
Municipal Code shall be amended to read as follows:
Sec. 38.520.060. On-site residential and commercial open space.
…
B.Usable residential open space.
1.All multi-household development, including multi-household portions of mixed-use
development, must provide minimum usable open space equal to 100 square feet perdwelling unit for studio and one bedroom dwellings and 150 square feet per dwellingunit for dwellings with two or more bedrooms. All group living developments mustprovide minimum usable open space equal to 37 square feet per person. The requiredopen space may be provided in a combination of ways:
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f. All landscaped areas in the above uses must meet the requirements in division 38.550.
All other subsections of this section shall remain unchanged.
Section 32
That Section 38.540.010.A.3. (General provisions) of the Bozeman Municipal Code shall be
amended to read as follows:
Sec. 38.540.010. General provisions.
A. Parking is one part of the overall multimodal transportation system. Individual choice of
travel mode and development characteristics influence the need for parking. The
purpose of this division 38.540 in requiring parking spaces is to ensure provision of off-street motor vehicle parking, bicycle parking, and other transportation access facilities in rough proportion to the generalized parking and transportation demands of different land uses which locate at a site. Some sites, such as those that are located in close proximity
to transit, have good access to pedestrian facilities or have off-set peak uses may require
less on-site parking. The purpose of these standards is to provide functional parking areas adequate to the needs of users, create shaded areas within parking lots, reduce glare and heat build-up, reduce stormwater surges, provide visual relief within paved parking areas, emphasize circulation patterns, avoid the negative impacts associated
with spillover parking into adjacent neighborhoods (while at the same time avoiding the
negative environmental and urban design impacts that can result from excessive parking lots and other vehicular use areas) and enhance the visual environment. The provisions of this division are also intended to help protect the public health, safety, and general welfare by: helping avoid and mitigate traffic congestion; encouraging multimodal
transportation options and enhanced pedestrian safety; providing methods to reduce the
amount of impervious surfaces in parking areas and adequate drainage structures in order to reduce the environmental impacts of stormwater runoff; encouraging paving or alternate means of surfacing of parking areas in order to address dust abatement and improve air quality; and providing flexible methods of responding to the transportation
and access demands of various land uses in different areas of the city. In achieving these purposes this division interacts with the requirements of division 38.550 of this chapter. The design of off-street parking is the responsibility of the developer and must consider traffic circulation, intended landscaping, pedestrian access and circulation, and other purposes of this chapter.
…
3. Improvement schedule. All parking area improvements to include surfacing, drainage, walkways, lighting, landscaping, irrigation, screening, traffic control, etc., must be
installed according to the provisions of division 38.270 of this chapter.
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All other subsections of this section shall remain unchanged.
Section 33
That Section 38.540.040.A. (Maintenance of parking areas) of the Bozeman Municipal Code
shall be amended to read as follows:
Sec. 38.540.040. Maintenance of parking areas.
A. It is the joint and separate responsibility of the lessee and owner of the principal use, uses or building to maintain in a neat and adequate manner the parking space, accessways, striping, landscaping, irrigation, and required fences or screening.
All other subsections of this section shall remain unchanged.
Section 34
That Section 38.550.010.A. (Purpose and intent) of the Bozeman Municipal Code shall be
amended to read as follows:
Sec. 38.550.010. Purpose and intent.
A. The process of development, with its alteration of the natural topography and vegetation, and creation of impervious cover can have a negative effect on the ecological balance of an area by causing or accelerating the processes of runoff, erosion and sedimentation. The
economic base of the city can and should be protected through the preservation and
enhancement of the area's unique natural beauty and environment. Recognizing that the general objectives of this division are to promote and protect the health, safety and welfare of the public, these landscaping regulations are adopted as part of this chapter for the following specific purposes:
…
10. To encourageachieve the conservation of water by rewarding requiring the use of low water demand landscaping and efficient irrigation.
Section 35
That Section 38.550.020. (Interpretation and scope) of the Bozeman Municipal Code shall be
amended to read as follows:
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Sec. 38.550.020. Applicability Interpretation, implementation, and scope; adoption of
Manual.
A. The provisions of this division apply to a lot or site when an application is being made for:
1. Site development approval pursuant to division 38.230 of this chapter;
2. Signs pursuant to division 38.560 of this chapter where landscaping is required; or Subdivision development approval pursuant to division 38.240 of this chapter;
3. Planned development zone approval pursuant to division 38.430 of this chapter;
4. Restoration of a building that has been damaged or destroyed by fire, explosion, flood,
tornado, riot, act of the public enemy or accident of any kind. For purposes of this subsection A, "restoration" means the act of putting back into a former or original state, only.;
5. Sketch plans as provided in 38.230.070; or
6. Lots or sites within a legacy planned unit development regardless of whether the
planned unit development has a previously approved landscape plan.
B. Notwithstanding the application of subsection A of this section, the provisions of this division 38.550 do not apply to the following:
1. Lots containing residential uses subject to sketch plan review, except when such lots
are subject to sections 38.550.050.A and E, 38.550.070 and 38.550.100;
2. Lots or sites within a planned unit development which has been approved with its own landscape plan. However, these provisions must be used as the basis for determining the landscaping plans for future planned unit developments and such planned unit development landscaping plans must meet or exceed the standards of these landscape
regulations; or
3. Lots or sites which are designed, reviewed and approved according to the deviation provisions specified in section 38.550.080.
B. The provisions of this division apply regardless of the water source proposed for
irrigation. This includes but is not limited to City potable water, groundwater wells, and
other non-potable water systems. The application of this division for projects with irrigation systems connected to groundwater wells does not interfere with applicable groundwater permit exceptions in MCA 85-2-306(3).
C. The commission may, pursuant to resolution, adopt standards and guidelines to be known as the Landscape and Irrigation Performance and Design Standards Manual to implement the landscape and irrigation regulations of this code. The Manual may include mandatory procedural and substantive components including but not limited to: application requirements; review processes; submittal requirements; authorization for departures and
exemptions; methods of calculating landscape water budgets; design plan requirements;
enforcement and compliance requirements; required forms; irrigation system
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performance and design requirements; landscape performance and design requirements; authorized plant materials; mandatory irrigation watering schedules; decision making
authority; and other standards and guidelines to implement this code. Any such resolution
has the same force and effect as if adopted herein.
Section 36
That Section 38.550.030.A. (General landscaping provisions) of the Bozeman Municipal Code
shall be amended to read as follows:
Sec. 38.550.030. General landscapeing and irrigation provisions.
A. Landscape and irrigation plans must include the information required by section 38.220.100.
All other subsections of this section shall remain unchanged.
Section 37
That Section 38.550.040. (Landscape plan review) of the Bozeman Municipal Code shall be
amended to read as follows:
Sec. 38.550.040. Landscape and irrigation plan review.
A. The review authority established in division 38.200 must review each landscape and
irrigation plan to determine whether or not it complies with the requirements of this divisionsection.
B. All landscape plans must comply with the mandatory landscape provisions in section
38.550.050
Section 38
That Section 38.550.050. (Mandatory landscape provisions) of the Bozeman Municipal Code
shall be amended to read as follows:
Sec. 38.550.050. Mandatory landscapeing and irrigation provisions.
A. Setback Llandscaping required. For all uses in all districts, unless otherwise provided by specific approval, through design review procedures, all front, side and rear setbacks, and those areas subject to section 38.550.050.E, exclusive of permitted access drives, parking areas and accessory structures, the site must be landscaped as requireddefined in this
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chapter. All lLandscaped areas and irrigation systems must be perpetually maintained in a healthy and operable condition.
1. For purposes of defining setback landscaping requirements, the terms "setback," "front
setback," "side setback" and "rear setback" mean the space between the actual building,
parking lot, or other structure (not the building setback line) and the adjacent lot line, which
is open and unoccupied from the ground upward or from the ground downward other than
by steps, walks, terraces, drive aisles, lamp posts and similar structures, and unobstructed by
structures, except as otherwise provided in this chapter.
Figure 38.550.050.A.1 is repealed in its entirety.
B. Drought tolerant species required A landscape plan must provide 75 percent or greater of the proposed trees and shrubs as drought tolerant species as defined in the latest edition of the Montana Nursery and Landscape Association's Drought Tolerant Plants for the Montana Landscape or on a list adopted by the city of drought tolerant species for purposes of this
section.
C.B. Parking lot landscaping.
…
2. All surface parking lots on the building site must be landscaped in accordance with this subsection C.2.
…
e. Additionally, any parking lot providing 15 or more parking spaces must have a minimum of 20 square feet of landscape area within the parking lot for each off-street parking space in the lot provided as follows:
…
(6) Internal parking lot landscaped areas are subject to restrictions on the use of overhead spray irrigation.
D.C. Screening of off-street loading spaces.
…
E.D. Street frontage landscaping required.
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5. Landscaping and irrigation must comply with boulevard and street median
requirements outlined in the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual.
F.E. Street median island landscaping. All street median islands approved through a plan review
process must be landscaped according to requirements determined through the plan review
process. comply with requirements outlined in the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual.
G.F. Acceptable landscape materials.
1. Acceptable plant materials are those identified as hardy in Zones 1 through 5a4 based
on the United States Department of Agriculture (USDA) Plant Hardiness Zones. The characteristics of the zones are described in The Western Garden Book, Sunset
Publishing Corporation as amended. Acceptable plant materials are also outlined in the
City of Bozeman Plant List located on the City of Bozeman website, which includes USDA zone hardiness information. Alternatives may be considered upon a case-by-case basis. However, in the case of street frontage landscaping as required in subsection E of this section, acceptable tree species are limited to those approved by
the city forestry division.
2. Landscape materials must not exceed water use requirements outlined in the prescriptive and performance-based landscape design approval pathways included in the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual.
3. Adequate soil depth and quality must be installed as outlined in the most recent version
of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual.
2.4. No artificial plant materials may be used to satisfy the requirements of this division 38.550.
3.5. Plant materials used to satisfy the requirements of this division 38.550 must comply
with the following minimum size requirements at the time of installation (depending on the standard measuring technique for the species):
…
4.6. For purposes of subsection G.3 H.5. of this section, height is measured from the top of the root ball or, if the plant is in a container, from the top soil level in the container.
H.G. Protection of landscape areas.
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I.H. Irrigation standards.
1. Irrigation is required toPermanent irrigation systems must be provided to all landscaped areas. The use of hose bibs on the exterior of existing or proposed structures is not an acceptable method of landscape irrigation unless the landscaped area is adjacent to the existing or proposed structure.,
a. The review authority may allow areas planted with drought-adapted vegetation that
only require irrigation for germination and plant establishment purposes to be irrigated with a temporary irrigation system that meets requirements outlined in the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual.
b. The use of hose bibs on the exterior of existing or proposed structures may be used
for irrigating landscaped areas adjacent to the existing or proposed structure.
c. All other landscaped areas, that do not fall within a or b above, must include a permanent irrigation system that meets requirements outlined in the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design
Standards Manual.
2. All irrigation systems and landscaped areas must be designed, constructed, operated and maintained in accordance with requirements outlined in the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards
Manual. so as to promote water conservation and prevent water overflow or seepage
into the street, sidewalk or parking areas.
J.K. Required use of trees with residential adjacency. All landscape plans must include, for each setback with a residential adjacency, at least one canopy or non-canopy tree for each 50
lineal feet of the adjacent area.
K.L. Coordination with utilities. In order to prevent damage to both vegetation and public utility lines, all trees and other large vegetation may planted no closer than the minimum distance specified in the city design standards and specifications policy. When the city verifies it is
not possible to meet minimum separation distance from utilities and no other arrangement
can be approved, such tree or large vegetation is not required.
L.M. Maximum allowable slope or grade.
…
4. All landscapinged installed on slopes areas to be finished in grass that meet or exceed a maximum allowable slope of 25 percent grade must include adequate erosion control measures to ensure the slope is stabilized. be installed as turf sod, or hydro-seed. If
hydro-seed, groundcovers, or bunchgrasses areis utilized, additional erosion control
fabric (i.e., matting or blanket or equivalent thereof) must be provided to ensure a
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stable slope for a minimum of one calendar year while the vegetation becomes established.
M.N. Legacy planned unit development open spaces. Legacy planned unit development non-site-specific open space plans must meet or exceed the standards of these landscaping regulations. For each 5,000 square feet of total landscape open space area between 5,000 and 25,000 square feet and for each 10,000 square feet of total landscape areas in excess of
25,000 square feet a landscape plan must include three of the elements in table 38.550.050-1
from each column A and B unless the review authority grants a relaxation. When the preceding calculation results in a fraction the amount of landscaping required is rounded up to the next whole number.
All other subsections of this section shall remain unchanged.
Section 39
That Section 38.550.060. (Reserved) of the Bozeman Municipal Code shall be amended to read
as follows:
Sec. 38.550.060. Reserved.Landscape and Irrigation Performance and Design Standards.
Compliance with the most recent version of the City of Bozeman Landscape and Irrigation
Performance and Design Standards Manual is required pursuant to this division and chapter 40,
article 2 of this code. The City of Bozeman Landscape and Irrigation Performance and Design Standards Manual and associated resources are available with the Water Conservation Division.
Section 40
That Section 38.550.070.A and B. (Landscaping of public lands) of the Bozeman Municipal
Code shall be amended to read as follows:
Sec. 38.550.070. Landscaping and irrigation of public lands.
A. City rights-of-way, open space and parks.
1. General.
…
b. Drought tolerant landscaping must be planted in open space, parks and city rights-of-way, unless otherwise approved by the city. Compliance with the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual is required.
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2. Streets, open space, and parks. The developer must at the time of initial development
install drought tolerant landscaping, boulevard trees and an irrigation system when
required in city rights-of-way boulevard strips and medians along all collector or arterial streets and all streets adjacent to parks or open space areas.
a. Prior to installing landscaping in these areas, the developer must submit a
landscapeing and irrigation plan to the city for review and approval. The
landscapeing and irrigation plan must be prepared by a qualified landscaping professional meeting the requirements of this division 38.550.
…
e. Irrigation systems owned and maintained by the city for use in public rights-of-way and parks must be discrete and separate systems from those used to irrigate open space areas and privately owned lots.
(1) Easements must be provided for irrigation systems and components owned
and maintained by the city that are located on private land pursuant to this
section and Sec. 38.410.060.
f. Landscaping and irrigation must comply with boulevard and street median requirements outlined in the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual.
3. Adjacent to individual lots. When individual parcels are developed, the individual property owners' must install landscaping and street trees within the city rights-of-way boulevard strips adjacent to their property and provide irrigation in compliance with section 38.550.050.E.1.
a. When individual parcels are developed, the individual property owners must
install landscaping and street trees within the city rights-of-way boulevard strips adjacent to their property and provide irrigation in compliance with section 38.550.050.D.1.
b. Landscaping and irrigation must comply with boulevard and street median
requirements outlined in the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual.
B. Maintenance responsibility.
All other subsections of this section shall remain unchanged.
Section 41
That Section 38.550.080. (Departure from landscaping requirements) of the Bozeman Municipal
Code shall be amended to read as follows:
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Sec. 38.550.080. Departure from landscapeing and irrigation requirements.
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C. Departure criteria that support city water use efficiency goals are outlined in detail in the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual.
All other subsections of this section shall remain unchanged.
Section 42
That Section 38.550.090. (Landscaping completion) of the Bozeman Municipal Code shall be
amended to read as follows:
Sec. 38.550.090. Landscapeing and irrigation completion.
All Llandscaping and irrigation must be completed or secured in accordance with the provisions of division 38.270 of this chapter. The applicant must demonstrate satisfactory establishment of all seeded areas or guarantee establishment for a minimum two year period following occupancy.
Section 43
That Section 38.550.100.B. (General maintenance) of the Bozeman Municipal Code shall be
amended to read as follows:
Sec. 38.550.100. General maintenance.
…
B. Any damage to utility lines, resulting from the negligence of the property owner or the owner's agents or employees in the installation and maintenance of required landscaping or irrigation in a utility easement, is the responsibility of the property owner. If a public utility
disturbs a landscaped area in a utility easement, it must make every reasonable effort to
preserve the landscaping materials and irrigation system and return them to their prior locations and operations after the utility work. If, nonetheless, some plant materials die, or irrigation system components are irrevocably damaged, it is the obligation of the property owner to replace the plant materials and irrigation system components.
All other subsections of this section shall remain unchanged.
Section 44
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That Section 38.700.080. (G definitions) of the Bozeman Municipal Code shall be amended to
read as follows:
Sec. 38.700.080. G definitions.
…
Groundcover. Low growing, perennial species that create a mat of continuous cover over
the ground, which makes it difficult for weeds to establish in the landscape. Natural mulch or plants of species which normally reach a height of less than two feet upon maturity, installed in such a manner so as to form a continuous cover over the ground.
All other definitions in this section shall remain unchanged.
Section 45
That Section 38.700.100. (I definitions) of the Bozeman Municipal Code shall be amended to
add the following definition:
Irrigation. Supplemental water that is artificially applied to an area for the purpose of
fostering plant growth and health.
Section 46
That Section 38.700.100. (L definitions) of the Bozeman Municipal Code shall be amended to
read as follows:
Landscaped area. The area of a lot where landscaping has been or is proposed to be installed. It also includes landscape design elements such as rock mulch and wood mulch. It does not include footprints of buildings or structures, sidewalks, driveways, walkways, or other hardscaped areas, such as decks or pervious pavers.
Landscaping. At least 75 percent coverage of aAn area with vegetative plantings, such as shrubs, perennials, and turfgrass, creeping or rooting groundcovers, seed mixes, or other living plants. natural grass, vegetative groundcover or other natural living plant materials, the
remainder of which is covered with non-vegatative decorative landscape design elements such as
washed rock, lava rock, bark chips and ornamental features such as pools, fountains, benches, etc. For purposes of this chapter, the term landscaping is considered to have the same meaning as the terms "landscape," "landscaped" and "landscaped area."
All other definitions in this section shall remain unchanged.
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Section 47
That Section 38.700.180. (T definitions) of the Bozeman Municipal Code shall be amended to
read as follows:
Temporary irrigation. A temporary watering system designed to transport and distribute water to landscape plants for a limited period, primarily used during the establishment period, after which time the irrigation is terminated or abandoned.
…
Turfgrass or turf. A relatively high water use ground cover surface of grass and the surface layer of earth held together by its roots, including but not limited to cool season lawn grasses.
All other definitions in this section shall remain unchanged.
Section 48
That Section 40.02.300.B. (Provisions adopted; regulations a part of service contracts) of the
Bozeman Municipal Code shall be amended to read as follows:
Sec. 40.02.300. Provisions adopted; regulations a part of service contracts.
…
B.These rules and regulations of the city pertaining to its waterworks system, includinglandscaping and irrigation, as required by chapter 38, article 5, division 550, and as
provided for in this article, outdoor water use restrictions, and drought contingency
response, are made a part of the contract with every individual, firm or corporation whotakes water, and every such individual, firm or corporation agrees, in making application forwater, to be bound thereby. The following rules and regulations set out in this division areadopted by the city.
All other subsections of this section shall remain unchanged.
Section 49
That Section 40.02.890. (Maintenance; customer responsibility; wasting water prohibited) of the
Bozeman Municipal Code shall be amended to read as follows:
Sec. 40.02.890. Maintenance; customer responsibility; wasting water prohibited.
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Waste of water is prohibited, and customers must keep their fixtures and, interior pipes, and irrigation system in good order at their own expense, and all waterways closed when not in use.
Leaky fixtures, interior pipes, and irrigation systems must be repaired at once without waiting for
notice from the city, and if not repaired within five days after written notice is given, water service may be discontinued until such time as the leak is repaired.
Section 50
That Section 40.02.950. (Violation of irrigation or sprinkling rules; penalty) of the Bozeman
Municipal Code shall be amended to read as follows:
Sec. 40.02.950. Violation of irrigation or sprinkling rules; penalty.
At such time when the utility, through its agents, employees or representatives, determines that a customer is in violation of the utility's city’s regulations in regard to sprinkling or
irrigation or landscaping, the utility city shall deliver to such customer a copy of the notice of the
violation hours and days of sprinkling and irrigating, and shall advise the customer that such customer is in violation of the rule city’s regulations. If the customer is found in violation of the rule regulation on more than one occasion in any one irrigation or sprinkling season, the customer will be notified by certified mail, with return receipt, that another violation will result
in discontinuance of service or the installation of a meter.
Section 51
That Section 40.02.960. (Violation of division provisions; disconnection of service required
when) of the Bozeman Municipal Code shall be amended to read as follows:
Sec. 40.02.960. Violation of division provisions; disconnection of service required when.
For violation of any of these regulations, including landscaping and irrigation, as required by chapter 38 article 5 division 550, and as provided for in this article, outdoor water use restrictions, and drought contingency response, or for nonpayment of water charges, as provided
in the utility's city’s schedule of rates and charges currently on file with the city, the utility city
has the right to disconnect water service following ten days' written notice to the customer. After service has been discontinued, the same shall not be reinstated until all delinquent charges are paid. Costs of all disconnects and/or subsequent reconnects shall be borne by the customer.
Section 52
That Section 40.02.1100.B. - 40.02.1100.C. (Rules and regulations adopted; part of contract with
customer) of the Bozeman Municipal Code shall be amended to read as follows:
Sec. 40.02.1100. Rules and regulations adopted; part of contract with customer.
237
Ordinance 2155
Page 40 of 43
…
B.These rules and regulations of the city, pertaining to its waterworks system are made a part
of the contract with every individual, firm or corporation who takes water. The followingrules and regulations are adopted by the city:
…
3.Waste of water is prohibited, and consumers must keep their fixtures and, servicepipes, and irrigation system in good order at their own expense, and all waterwaysclosed when not in use. Leaky fixtures, service pipes, and irrigation systems must berepaired at once without waiting for notice from the city and if not repaired after
reasonable notice is given, the water will be shut off by the city.
…
9.Permits for lawn sprinkling during each current year must be secured at the office ofthe city clerk, and payment made at the time of securing such permit, as the supply to
any premises, using a hose without a permit, will be shut off without warning. Lawnsprinklers will only be permitted where water is carried into the house also.
10.9. The city's officers or other authorized person shall have access at reasonable hours to enter any premises where water is used, for the purpose of making inspection or
investigation.
11.10. For violation of any of these rules or for nonpayment of water rent, for either domestic, sprinkling irrigation, or other purposes, the city has the right to turn off the water without further notice, and after it has been turned off from any service pipe on account of nonpayment or violation of rules, the same shall not be turned on again until
back rents are paid, together with the cost incurred thereby, amounting to $1.00.
12.11.Applicability of flat rate and meter rate rules.
…
C.Flat-rate service.
1.The flat-rate will cover the use of water for domestic use, irrigation lawn sprinkling,and any other purposes enumerated on the rate sheet covering flat-rate services. Thecity agrees to furnish water for certain specified uses for a certain specified sum. If,
therefore, a consumer furnishes other people with water without permission from the
city, or uses it for other purposes than those the customer is paying for, it is aviolation of the consumer’s contract and the consumer offending, after reasonablenotice, may have the consumer’s water shut off and service discontinued until suchtime as the additional service furnished has been paid for, together with the actual
additional expense incurred in shutting off and turning on water, not to exceed $1.00.
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…
5.Should it be desired to discontinue the use of water for any special purpose, whether
for bathtubs, closets, irrigation lawn sprinklers, hose connections, or other fixtures, thefaucet must be removed, the branch pipe plugged, and notice given the city at the cityclerk’s office before any reduction of rates will be made.
All other subsections of this section shall remain unchanged.
Section 53
That Section 40.02.1250. (Findings) of the Bozeman Municipal Code shall be amended to read
as follows:
Sec. 40.02.1250. Findings.
…
E.Landscaping of real property within the city is the most consumptive use of water of thecity’s municipal water supply. The city has adopted regulations applicable to development to ensure the efficient use of water for landscape irrigation. To this end, the city has adopted
a Landscape and Irrigation Performance and Design Standards Manual and compliance with
said Manual is critical to maintaining a reliable water supply during periods of water supply shortages.
All other subsections of this section shall remain unchanged.
Section 54
That Section 40.02.1280. (Application of division) of the Bozeman Municipal Code shall be
amended to read as follows:
Sec. 40.02.1280. Application of division.
…
C. This division must be interpreted in coordination with chapter 38, article 5, division 550.
Section 55
That Section 40.02.1340. (Enforcement) of the Bozeman Municipal Code shall be amended to
read as follows:
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Sec. 40.02.1340. Enforcement.
A.Police and code enforcement officers to enforce. Every police officer or code enforcement
officer of the city shall, in connection with the duties imposed by law, diligently enforce theprovisions of this division.
All other subsections of this section shall remain unchanged.
Section 56
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Section 57
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 58
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 59
Codification.
This Ordinance shall be codified as indicated in Section 2 – 55.
Section 60
Effective Date.
This ordinance shall be in full force and effect June 15th, 2024.
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PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 23rd day of April, 2024.
____________________________________
TERRY CUNNINGHAM
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the ____ of
___________, 2024. The effective date of this ordinance is June, 15th, 2024.
_________________________________
TERRY CUNNINGHAM
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
241
Memorandum
REPORT TO:City Commission
FROM:Emily Cope, Economic Development Director, Downtown Bozeman
Partnership
SUBJECT:Downtown Business Improvement District Fiscal Year (FY) 2025 Work Plan
and Budget, FY24 Annual Report
MEETING DATE:May 14, 2024
AGENDA ITEM TYPE:Finance
RECOMMENDATION:Consider the Motion: I move to approve to approve the Downtown Business
Improvement District Fiscal Year 2025 Work Plan and Budget.
STRATEGIC PLAN:4.4 Vibrant Downtown, Districts & Centers: Promote a healthy, vibrant
Downtown, Midtown, and other commercial districts and neighborhood
centers – including higher densities and intensification of use in these key
areas.
BACKGROUND:
The Downtown Bozeman Partnership administers the Downtown Business
Improvement District (BID) on behalf of the City of Bozeman. The Downtown
BID Board, as appointed by the City Commission, directs the programs,
projects and initiatives of the Downtown BID. MCA 7-12-1131 guides the
programs, projects and initiatives of the Downtown BID. The Downtown BID
Board approved the Downtown BID FY2025 work plan and budget at their
monthly public board meeting on April 17, 2024. The Fiscal Year 2024
Annual Report is attached.
UNRESOLVED ISSUES:N/A.
ALTERNATIVES:As recommended by the City Commission.
FISCAL EFFECTS:
The Downtown BID is funded by the special assessments collected from
property owners within the district. The BID assessment for FY2025 will be
$260,000 as approved by the board at the April 17, 2024 board meeting. The
estimated assessment rate is estimated to be $0.018736.
Attachments:
FY2025 BID Work Plan and Budget.pdf
242
FY2024 BID Annual Report.pdf
Report compiled on: April 30, 2024
243
Downtown Business Improvement District
FY2025 BID Work Plan and Budget
BID Mission Statement
The BID is an organization of downtown property owners who through thoughtful, pro-active collaboration and
partnership with local government, business owners, residents and citizens strive to create a shared vision and
voice for the community of downtown Bozeman. The BID will commit resources, identify, plan and act on short-
term and long-term initiatives otherwise unavailable to individual owners. The BID has a goal of ensuring the
long-term preservation and vitality of the city’s underlying economic, cultural, social and environmental assets
and the BID will work together to keep our downtown a safe, beautiful and vibrant place.
BID Assessment Programs
The following programs are funded by the special assessments collected from property owners within
the Downtown Business Improvement District. The BID assessment for FY2025 will be $260,000. The
BID will also receive approximately $52,000 in additional revenue from sponsorships and maintenance
contracts.
Downtown Bozeman Partnership ($75,000)
The BID is a member of the Downtown Bozeman Partnership. The BID contributes to the
administration of the Downtown Partnership office located at 222 East Main Street.
Downtown Bozeman Association ($27,500)
The BID contributes to the DBA to support its events, staff and marketing efforts to promote
downtown. The DBA hosts events downtown that include Art Walks, Music on Main, Crazy Days,
Cruisin’ on Main Car Show, Cat Walk, Restaurant Week and more.
Summer Flowers ($32,400)
This summer, the remaining 154 wrought-iron baskets on Main
Street will be swapped with the Earth Planter baskets bringing
the total to 318 flower baskets. The Earth Planter baskets
provide improved plant growth by regulating water delivery
based on soil conditions while reducing labor costs, fuel and
water usage. The baskets only need to be watered two to three
times per week rather than seven days a week. These flower
baskets are hung throughout downtown from June through
September. This amount covers the planting cost. The BID
spent capital reserves in FY24 to purchase the remaining Earth
Planter baskets.
244
Holiday Lighting ($21,075)
The BID installs the following holiday lighting downtown: 1)
lighted garland on each historic lamp post along Main
Street; 2) lights on the large conifer trees in Soroptomist
Park; 3) garland wreaths at the Rouse, Church, Wallace,
and Grand intersections; and 4) the infamous holiday
“spider” decorations above four downtown intersections.
The green decoration was replaced in 2022, the red in
2023, gold in 2024 and white in 2025. The BID board will
earmark reserve funds for the spider replacements, new garland and bows.
Maintenance Program ($109,900)
The BID hires maintenance employees for winter and summer
seasons. Primary tasks performed by the BID maintenance staff
includes garbage collection, flower watering, tree watering,
Soroptomist Park upkeep, installation of the streetlamp
banners, maintenance of pedestrian benches, graffiti removal,
and garage cleaning. The BID maintenance staff removed over
4,000 bags of garbage and recycling during the past year from
over 100 receptacles.
Downtown Safety Program ($5,000)
For the last few years, the BID has partnered with HRDC to support programming available to
individuals and families experiencing homelessness. The board would like to begin planning
alongside the Bozeman Police Department for a dedicated downtown resource officer as the
needs of the downtown community shift. This will take several years to establish and would
eventually be a split salary funding by downtown and BPD.
Graffiti Removal Program ($7,500)
The BID offers a comprehensive graffiti removal
program. Since 2009, this program has removed
over 4,000 graffiti tags. The BID maintenance staff
removes tags from public property and works with
property owners to clean private buildings of
graffiti. The BID partners with Clean Slate Group to
remove tags that they are unable to remove. The
BID will continue to actively remove new tags as quickly as possible considering immediate
removal has proven to be the most effective deterrent.
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Downtown Banners ($4,000)
The BID purchases, installs and maintains the DTNBZN light pole
banners. Seasonally the BID installs banners for MSU, Bozeman
Farmers Market, Bridger Bowl, Big Sky Resort, Sweet Pea,
SLAM, BYEP, Bozeman Health, BridgerCare, Greater Yellowstone
Coalition and more.
Downtown Marketing ($2,500)
The BID contributes to the general marketing of downtown Bozeman. These funds are made
available to the Downtown Partnership which places advertisements in ten to twelve local,
regional and state-wide publications.
Vehicle Maintenance ($10,450)
The BID owns and maintains a maintenance truck and two mules/ATVs. This expense covers fuel,
insurance, repairs and tires as needed.
Maintenance Supplies ($7,500)
The BID purchases a wide variety of maintenance supplies for various programs, including trash
bags.
Program Contingency ($6,000)
The BID was renewed in 2020 and will be up for renewal again in 2030. The BID board has
prioritized spending money on capital improvements for the BID programs such as flower baskets
and holiday decorations. The board would like to strategically plan for what the BID owners need
and want in the coming years as the needs of downtown morph. This money will be spent to
conduct outreach, polling and research to do this.
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FY2025 Budget
Income
BID Assessment 260,000$
Contract Income 25,000$
Interest Income 100$
Mobile Vending Fees 1,500$
Flower Sponsorships 9,500$
Christmas Light Sponsorships 3,500$
Streetlamp Banners 12,500$
Total Income 312,100$
Expenses
Management Fee 75,000$
Total Expenses 75,000$
Payroll Expenses
Maintenance Staff 75,000$
Taxes 5,500$
Work Comp 3,500$
Maintenance Staff--Garage 24,000$
Taxes 950$
Work Comp 950$
Total Payroll Expenses 109,900$
Programs
Downtown Safety Program 5,000$
Downtown Bozeman Association (DBA) Support 27,500$
Holiday Lights - Reserve Fund 15,000$
Holiday Lights 2,500$
Holiday Light Spider Repair 2,000$
Hoiday Decor Storage 1,575$
New Banners 4,000$
Flower Expenses 32,000$
Flower Water 400$
Tree Purchases -$
Marketing 2,500$
Maintenance Supplies 4,500$
Garbage Bags 3,000$
Graffiti Supplies 1,000$
Graffiti Contracted Removal 6,500$
Mule Service & Fuel 1,850$
Truck Service & Fuel 2,600$
Vehicle Insurance 6,000$
Program Contingency 6,000$
Total Program Expenses 123,925$
Total BID Expenses 308,825$
NET ASSESSMENT INCOME 3,275$
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Downtown Business Improvement District
FY2024 BID Annual Report
Highlights of investments over $15,000 are documented below.
Maintenance Program ($62,151)
Primary tasks performed by the BID maintenance staff includes garbage collection, flower
watering, tree watering, Soroptomist Park upkeep, installation of the streetlamp banners,
maintenance of pedestrian benches, graffiti removal, and limited snow removal. The BID
maintenance staff removed over 4,000 bags of garbage and recycling during the past year from
over 100 receptacles.
Downtown Bozeman Partnership ($67,500)
The BID is a member of the Downtown Bozeman Partnership. The BID contributes to the
administration of the Downtown Partnership office located at 222 East Main Street.
Summer Flowers ($31,196)
The BID purchases, installs and maintains 300+ hanging baskets of Super-Petunias. In summer of
2023, 120 Earth Planter self-watering baskets replaced the wrought-iron baskets on the side
streets of downtown. These flower baskets are hung throughout downtown from June through
September.
Downtown Bozeman Association ($27,000)
The BID contributes to the DBA to support its events, staff and marketing efforts to promote
downtown. The DBA hosts events downtown that include Art Walks, Music on Main, Crazy Days,
Cruisin’ on Main Car Show, Cat Walk, Restaurant Week and more.
Holiday Lighting ($15,000)
The BID installs the following holiday lighting downtown: 1) lighted garland on each historic lamp
post along Main Street; 2) lights on the large conifer trees in Soroptomist Park; 3) garland
wreaths at the Rouse, Church, Wallace, and Grand intersections; and 4) the infamous holiday
“spider” decorations above four downtown intersections.
Expenditures compiled on April 30, 2024.
248
Memorandum
REPORT TO:City Commission
FROM:Ellie Staley, Executive Director, Downtown Bozeman Partnership
SUBJECT:Downtown Urban Renewal District 2025 Biennium Budget and Fiscal Year
2025 Work Plan and Budget
MEETING DATE:May 14, 2024
AGENDA ITEM TYPE:Finance
RECOMMENDATION:Consider the Motion: I move to approve to approve the Downtown Urban
Renewal District Fiscal Year 2025 Work Plan and Budget and estimated Fiscal
Year 2026 Budget.
STRATEGIC PLAN:4.4 Vibrant Downtown, Districts & Centers: Promote a healthy, vibrant
Downtown, Midtown, and other commercial districts and neighborhood
centers – including higher densities and intensification of use in these key
areas.
BACKGROUND:
The Downtown Bozeman Partnership administers the Downtown Urban
Renewal District on behalf of the City of Bozeman. The Downtown Urban
Renewal District Board, as appointed by the Mayor and City Commission,
directs the programs, projects and initiatives of the Downtown URD. The
1995 Downtown Urban Renewal Plan and 2019 Downtown Bozeman
Improvement Plan, as adopted by the City Commission, guides the programs,
projects and initiatives of the Downtown URD.
The Downtown URD Board took formal action to approve the FY2025 work
plan and budget and estimated FY2026 budget at their monthly public board
meeting on April 16, 2024.
UNRESOLVED ISSUES:None at this time.
ALTERNATIVES:As recommended by the City Commission.
FISCAL EFFECTS:
The Downtown URD anticipates an FY24 year-end balance of $6.1 million
and FY24 revenues are projected to be $2.3 million which totals just under
$8.5 million of funding available for FY25. The proposed FY25 expenditures
along with encumbered and allocated funds, total $8.4 million with an
estimated FY25 year-end balance of $81,500. The following work plan and
249
budget outline these projects and projected expenses. The estimated FY26
Budget is also provided for review and has been approved by the Downtown
URD Board.
Attachments:
FY2025 URD Work Plan-Budget_CC_wBudget.pdf
Report compiled on: April 30, 2024
250
Downtown Urban Renewal District
FY2025 Work Plan and Budget
Downtown URD Mission Statement
The Downtown Bozeman Urban Renewal District board (URD) will foster an economically thriving district
that: 1) attracts investment; 2) stabilizes and strengthens the tax base; and 3) supports the vitality and
diversity of the Gallatin Valley as its social and cultural center.
In 1995, the City Commission adopted the Urban Renewal Plan for downtown Bozeman which was
subsequently amended in 2015. The intent and purpose of the Urban Renewal Plan emphasizes:
1. Bozeman’s historical character as a “working” downtown shall be maintained.
2. Traffic movement and access shall be designed with the emphasis on the downtown as a
designation rather than improving the flow of through traffic.
3. The facilitation of private/public partnerships is encouraged in the implementation of the Plan.
4. Objectives shall be accomplished by incentives whenever possible.
5. Private property rights will be respected.
6. Administrative practices shall be conducted in a constructive manner which fosters cooperation.
7. This Plan is further detailed, refined, prioritized and implemented by the “Downtown Improvement
Plan” which outlines specific programs and projects consistent with the Urban Renewal Plan.
The Urban Renewal Plan established nine “Guiding Principles” to provide direction for improving
Bozeman’s historic downtown. The Urban Renewal Study Committee considered the first three
principles more important than the next three with the last three the least important. However, the
Committee deemed all nine principles to be vital to achieving the vision for downtown. Key
implementation actions were identified for each principle (may apply to multiple principles but are only
listed once below).
1. Strengthen downtown’s economic vitality
2. Improve the safety, security and health of the district
3. The image of downtown shall be continuously improved
4. Downtown’s accessibility shall be improved
5. “Community Partnership” is fundamental to downtown’s success
6. Downtown’s diversity shall be facilitated
7. The cost of projects and programs shall be weighed against their benefits
8. Downtown shall become more user friendly
9. Cultural activities shall be nurtured and expanded downtown
Downtown URD FY25 Programs, Projects and Initiatives
The Downtown URD anticipates an FY24 year-end balance of $6.1 million and FY24 revenues are
projected to be $2.3 million which totals just under $8.5 million of funding available for FY25. The
proposed FY25 expenditures along with encumbered and allocated funds, total $8.4 million with an
estimated FY25 year-end balance of $81,500. The following work plan and budget outline these projects
and projected expenses.
Ongoing DBP/City of Bozeman Operational Support:
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Downtown Bozeman Partnership (DBP) Management Fee (FY25 $236,000)
An estimated 7% increase in FY25. The DBP continues to see rises in health care premiums,
energy bills and overall operational costs. As an organization, we continue to operate on tight
margins and assume stewardship over downtown designated funds to ensure high-level staff
support while also providing stable organizational support through the DBP.
City of Bozeman Economic Development Staff Support (FY25 - $64,300)
This expense helps fund a portion of payroll expenses for City of Bozeman staffing support. Over
this past year, specifically, we have worked collaboratively to establish our city staffing support to
be utilized to the fullest as seen through continued TIF state policy support and improvement
agreement assistance. As anticipated, we will see a small increase in this cost, based on
increases to city staff salaries and benefits.
Current Encumbered Projects and Programs:
Soroptimist Park/North Black Pocket Park Planning & Ongoing Improvements (FY25 -
$60,000)
In FY24, we re-allocated funds to complete the needed infrastructure work at the North Black
Pocket Park, while making minor improvements to Soroptimist Park, like enhanced pedestrian
access, additional fencing and tree trimming. Into FY25, I am proposing partnering with the City
Parks Department to focus on a future redevelopment project at Soroptimist Park, with potential
construction in FY26.
Alley Improvement Project & Planning (FY25 - $75,000)
The Alley Improvement Project is in the construction phase and slated to be complete by early
FY25 with the majority of allocated funds to complete one full alley to be paid within FY24 or
encumbered into the early part of FY25. The DURD has decided to review the benefits of this
project into FY25, with some additional funds to complete or enhance the current project and
begin planning for the next, with hopes to complete another full alley project in FY27.
Tree Replacement Project (FY25 - $50,000)
These funds have been reallocated into a separate line item based on increased needs over the
past two years. Between 2022 and 2023, the City Forestry Department removed 16 trees with
more slated now and into the future. With city staffing issues and an average annual tree
replacement plan of 3-4 trees, the DURD assisted in the infrastructure needs. In FY2024, the
DURD removed and replaced 5 difficult trees under the “Streetscape Improvement” category and
hope to continue to allocate funds more specifically until we can collectively catch up on this
issue.
Workforce Housing Project – Fire Station One (FY23-FY27 - Encumbered $1,600,000)
This is an encumbered expense approved for a project with 50 units of work force housing to be
sold at 120% AMI. The $1.6 million approved for this project will be reimbursed at the certificate of
occupancy and when all of the project conditions have been met. The property owner has 5 years
from May 2023 to complete the work in order to be reimbursed these funds.
On-going Programs & Projects in FY25:
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Wayfinding and Parking Signage Project – Planning/Infrastructure (FY24 - $40,000, FY25 -
$50,000)
This ranked as a top project on the URD board prioritization exercise to expand and clarify what
amenities and parking are available. After putting this project on hold through FY23 and FY24,
there is a renewed interest in completing this project, potentially with State Grant funding
assistance.
Bozeman Creek (FY25 Planning for Proposed Master Plan - $20,000)
Montana Coal Endowment Grant submitted by #SeeBozemanCreek working group for preliminary
engineering work and flood plain updates to look at flood plan mitigation within downtown.
Bozeman City Commission has listed Bozeman Creek as a FY25 priority (to be adopted). The
DURD board would like to continue supporting planning efforts aimed specifically at flood
mitigation and safety improvements with the DURD district.
Alternative Transportation Projects/Planning (FY25 Improvements - $50,000)
We continue to focus on pedestrian safety and downtown access along Mendenhall and
Babcock. We are currently developing a scope with short and long-term attainable solutions with
the City Public Works and Engineering departments. We hope to implement some safety
improvements in FY25 like bright signage, increased pedestrian safety features and more. If the
Black Avenue bike lane project gets going again, there is potential to support that project within
our district.
Streetscape Design and Engineering Planning (FY25 $35,000)
• Streetscape Design Standard – Complete and utilize for future projects for consistency
and compliance. Set to be completed in late FY24, utilized for upcoming projects in FY25.
• Streetscape Side-Street Preliminary Engineering - Update and continue planning to
extend the streetscape to non-completed sections of Main Street, Babcock, and
Mendenhall. and along side-streets, The goal is to establish “opportunity locations” (ex.
North Wilson, South Wallace, West Main to 5th or 7th) and establish “Streetscape
Assistance Grant” funding capacity for future planning and infrastructure completion.
Allocated Parking Funds in FY25:
Parking Supply, Management Planning and Data Collection – (FY25 - $4,770,000)
• Management Planning and Data Collection There continues to be concerns and
questions surrounding a future management plan for downtown parking. Consistent data
collection for informed decision making continues to be a priority of the DURD board. We
hope to collect and utilize data in FY25 to assist in decisions made and potential future
parking funding assistance.
• Structured Parking Site Plan, Bids - Planning Allocated funds to support future parking
supply infrastructure planning costs
• Parking Supply – Parking supply and Infrastructure has been a DURD priority for many
years, established in both downtown plans and outlined in Resolution 1409. The current
Downtown URD Board continues to allocate funds to add to future parking supply through.
Downtown URD Grant Opportunities in FY25:
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URD Grant Programs – The URD grants have been updated to reflect current code updates and
can now be completed online. Continued revisions and updates have bene made to make grants
relevant. A more aggressive approach to advertise the grants has been done with great results.
• Streetscape Assistance (FY25 - $100,000)
▪ Knowing the DURD cannot fund all streetscape improvements in the district, there
is interest in increasing the availability for redevelopments, where funding can
assist in the completion of streetscape and sidewalk improvements.
• Fiber Infrastructure Grant (FY25 - $10,000)
▪ No big changes needed, continue to be used and generally see up to 5
applicants/yr.
• Life-safety Grant (FY25 - $30,000)
▪ Great investment but only for larger re-development projects, assume 2-3 per/yr. at
$10K/ea.
• Technical Assistance Grant (FY25 - $50,000)
▪ Add Art/Social Infrastructure Grant
▪ Add CPTED (Crime Prevention through Environmental Design) Grants – lighting,
cameras, landscape improvements
• Residential Incentive Program (FY25 - $200,000)
▪ One applicant in FY24, 5th and Main 6-story residential project, likely to be
reimbursed in FY25. With several new housing projects slated in our district in the
coming years, keeping these funds available can assist with smaller, more
affordable units.
o Art Enhancement/CPTED Grant (NEW in FY25 - $20,000)
▪ As safety and beautification continue to be a priority for urbans districts and
Bozeman specifically, we would like to make funds available to private developers
and property owners to enhance public portions of their properties through art and
safety elements. We have seen success in these funding programs across the state
and would like to explore the concept in Downtown Bozeman through FY25. Format
of application and distribution of funds TBD.
Downtown URD FY25/FY26 Budget:
Category
FY25 DRAFT
Budget
FY26 DRAFT
Budget
Income
Starting Cash Balance $6,061,900 $91,500
Income from TIF
COB Interlocal Share $2,362,500 $2,598,800
Entitlement Share State of Montana $57,100 $57,100
Interest Income $2,100 $2,100
Other Income
Total Income $8,483,600 $2,749,500
Expenses
Operations
DBP Management Fee $236,000 $251,000
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City Administrative Costs/Support $61,100 $64,300
Total Operations $297,100 $315,300
Infrastructure Improvements
Park Improvements (Soroptimist/NBPP) $10,000 $250,000
Alley Improvements $50,000 $0
Utility Infrastructure Improvements $350,000 $400,000
Wayfinding & Parking Signage $15,000 $20,000
Bozeman Creek Improvements $0 $10,000
Alternative Transportation Projects $40,000 $25,000
Tree Replacement Project (Streetscape Imp. in FY24) $50,000 $50,000
Street Furniture/Streetscape Improvements & Furniture $25,000 $25,000
Intersection Cable Anchor Repairs $10,000 $10,000
Parklet Infrastructure $20,000 $0
Streetlamp Power Reconfiguration Project (SILD) $100,000 $0
Streetscape Assistance Grant Program $50,000 $100,000
Life-Safety Grant Program $30,000 $30,000
Fiber-Broadband Infrastructure Grants $10,000 $10,000
Art Enhancement/CPTED Grant Program $20,000 $20,000
Housing Assistance
Residential Incentive Grant Program $200,000 $200,000
Workforce Housing Project - Fire Station One $1,600,000
Total Improvements $2,580,000 $1,150,000
Planning
Park Improvement Planning (Soroptimist/NBPP) $50,000 $0
Alley Planning $25,000 $10,000
Utility Infrastructure Improvement Planning $50,000 $50,000
Wayfinding Plan Development $35,000 $10,000
Bozeman Creek Planning $20,000 $10,000
Alternative Transportation Planning $10,000 $25,000
Downtown Streetscape Design Standards $10,000 $10,000
Side-Streetscape Preliminary Engineering $25,000 $50,000
Parklet Planning/Program $10,000 $20,000
DBIP General Implementation $50,000 $50,000
Professional Services Term Contract $75,000 $75,000
Code Amendments $0 $0
Downtown Infrastructure & Public Realm Plan $0 $0
Technical Assistance Grant Program $50,000 $50,000
Parking - Designated Funds
Parking Supply, Management Planning, and Data Collection $4,770,000 $20,000
Parking Supply, Site Plans and Data Collection
255
Parking Supply - Designated Funds
Total Planning/Parking $5,180,000 $380,000
Parking Structure
Garage Bond Payment $335,000 $335,000
Total Parking Garage Payments $335,000 $335,000
Total Expenses $8,392,100 $2,180,300
Balance $91,500 $569,200
The FY2025/FY2026 Downtown Urban Renewal District Work Plan and Budget
was unanimously approved by the URD Board on April 16, 2024.
Prepared and submitted by:
Ellie Staley, Executive Director
Downtown Bozeman Partnership
222 East Main Street #302
Bozeman MT 59715
ellie@downtownbozeman.org
406-586-4008
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Memorandum
REPORT TO:City Commission
FROM:David Fine, Economic Development Manager
Brit Fontenot, Economic Development Director
SUBJECT:Midtown Urban Renewal District 2025 Biennium Budget and Fiscal Year 2025
Work Plan and Budget
MEETING DATE:May 14, 2024
AGENDA ITEM TYPE:Finance
RECOMMENDATION:Consider the Motion: I move to approve the Midtown Urban Renewal
District 2025 Biennium Budget and Fiscal Year 2025 Work Plan and Budget as
submitted.
STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a
mechanism to encourage economic development.
BACKGROUND:Please see the attached Midtown Urban Renewal District Work Plan and
Budget for Fiscal Year 2025.
The Montana Urban Renewal Law requires the governing body to annually
adopt a Work Plan and Budget for each district. Since the City Commission is
undertaking biennial budgeting the staff, will still present a work plan and
budget annually to maintain compliance with the law.
UNRESOLVED ISSUES:None at this time.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:The Fiscal Year 2025 staff recommended budget for the Midtown Urban
Renewal District is $3,327,600 in appropriation. The recommended budget
for the biennium FY 25-26 is $6,666,100 in appropriations.
Attachments:
Midtown 2025 Biennium Budget.pdf
Fiscal Year 2025 Midtown Work Plan and Budget and Annual
Report 041624 jd.docx
Report compiled on: May 3, 2024
257
Midtown TIFD
Budget Unit (All)-
Approp - FY24 Budget Midtown TIFD
Row Labels
Sum of FY23
Actual
Sum of FY24
Budget
Sum of FY24
Actual
Sum of FY24
Projected
Sum of FY25
Budget
Sum of FY26
Budget
Sum of 2024-
2026 Biennium
Beginning Working Capital - (2,979,300) - (2,975,100) (2,209,500) (2,209,500)
Revenue (1,766,515) (2,066,800) (1,518,753) (2,132,500) (2,172,500) (2,281,100) (4,453,600)
Salaries & Benefits 89,559 92,800 69,254 92,800 100,000 105,800 205,800
Operations & Maintenance 73,102 2,073,100 2,024,905 2,140,100 2,816,900 2,817,000 5,633,900
Capital Outlay 131,766 725,000 8,536 10,000 -
Transfers Out 409,950 655,200 243,877 655,200 410,600 412,800 823,400
Grand Total (1,062,138) (1,500,000) 827,819 (2,209,500) (1,054,500) 1,054,500 -
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Midtown Urban Renewal Board Annual Work Plan and Budget FY2025 Page 1 of 9
MIDTOWN URBAN RENEWAL DISTRICT
FY2024 ANNUAL REPORT
FY2025 WORK PLAN AND BUDGET
FY2026 WORK PLAN AND BUDGET
The City Commission passed Ordinance No. 1685, “Adopting an Urban Renewal
Plan for the North Seventh Avenue Corridor and Adjacent Properties”, on November 27,
2006. On December 16, 2015, the City Commission passed Ordinance No. 1925, which
adopted a new urban renewal plan, expanded the boundaries of the original district, and
renamed the North Seventh Urban Renewal District the Bozeman Midtown Urban Renewal
District.
The 2015 Midtown Urban Renewal Plan provides for the remediation of blighted
conditions within the urban renewal area by advancing five broad goals through a series of
implementing activities and strategies. The five goals include the following items:
1. Promote Economic Development
Rationale: Economic vitality strengthens the community, provides for physical
needs of the citizens, opens reinvestment opportunities, and helps to
eliminate the conditions that contribute to blight.
2. Improve Multimodal Transportation
Rationale: Increasing travel options supports public health, reduces resource
demand, increases efficiency and reduces costs, improving the quality of life
and making the community a better place to live and work, helping to
eliminate conditions that contribute to blight.
3. Improve, Maintain and Support Innovation Infrastructure
Rationale: Infrastructure is the backbone of the community. Private
development typically requires a corresponding public investment in
infrastructure. Therefore, capital improvements in the district will help achieve
economic vitality and address conditions that contribute to blight.
4. Promote Unified, Human Scale Urban Design
Rationale: Protecting and building upon existing physical assets increases
vitality, desirability and leverages economic development, strengthening
community values and mutual support helping to eliminate the conditions that
contribute to blight.
5. Support Compatible Urban Density Mixed Land Uses
Rationale: A sense of place is strengthened by a strong core identity.
Increasing live-work opportunities and community interaction, ensures that
the North 7th Avenue area remains a great place to live, work, operate a
business, and play, and helps to eliminate conditions that contribute to blight.
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Midtown Urban Renewal Board Annual Work Plan and Budget FY2025 Page 2 of 9
The City Commission approved the Midtown Action Plan in 2017, which charted a
new direction in pairing infrastructure spending and blight remediation with proposed private
investment. The intent of the Action Plan is to, “attract targeted private investment by
leveraging the market potential of the Midtown District and removing barriers to
redevelopment through strategic infrastructure investments and incentives.” The Annual
Report and the recommended Work Plan and Budget reflect this specific strategy and
approach to using private investment to propel blight remediation and urban renewal.
The Midtown Action Plan proposes targeting future development that includes the
following elements:
Infill.The intent of urban renewal is to remove blight to improve an area for the
entire community benefit. Remodeling of existing structures or infill of
underutilized lots is the priority of this Plan. As discussed, infill development is
more challenging than vacant greenfield development and warrants focused
investment of staff time and resources.
Increased building density.Increased building density increases the number
of people in the District, which helps create the desired active pedestrian
environment. More density of buildings grouped together in districts is
especially desired to encourage pedestrians to explore adjacent buildings.
Buildings that are separated by large parking area or vacant lots will impede
pedestrian movement.
Encourages multimodal transportation.New projects should provide
amenities such as adequate bike parking or bus schedule real time monitors in
lobbies. At the same time, the Urban Renewal District should invest in
infrastructure projects such as bike lanes and signals or covered bus stops to
make alternative transportation options visible, safe, and desirable.
Retail that serves surrounding residents.To achieve a more vibrant
pedestrian-oriented environment the District must consist of uses that are a
frequent destination by residents. Retail amenities that are experience based
such as restaurants or ice creams shops are desired because they generate
activity and are more resilient to emerging ecommerce trends. Such amenities
will also attract more housing investment.
Housing.Bozeman is in significant need of all types of housing, therefore it is
called out as a specific use that is desired. The Midtown District zoning is
intended to accommodate more dense housing projects with potential access
to retail amenities nearby.
The City Commission funded a package of several major infrastructure improvements
in the District through the approval of $6,500,000 in bonds with a 25 year term on July 6,
2020. The infrastructure improvements include the streetscape infrastructure on N. 7th Ave.
that enhances the walkability, aesthetics, and investment potential of the District as a whole,
along with improvements to Aspen St. and N. 5th Ave. that will accelerate ongoing private
investment in this emerging node of commercial activity.
The District is also focused on investing in public infrastructure that removes barriers
to specific private investments. These incentives primarily pay for the costs of public
infrastructure associated with the private projects, as well as demolition costs and the cost of
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Midtown Urban Renewal Board Annual Work Plan and Budget FY2025 Page 3 of 9
various system development charges, such as impact fees. These early investments in
projects will create new incremental taxable value that will allow for greater blight remediation
throughout the District in the coming years. Over time, these increases in taxable value will
benefit the broader community by increasing the overall tax base through productive infill
development.
The remediation of blighted conditions in the District and its ongoing redevelopment
will take many years. Bozeman has 21 more years to focus on redevelopment of the Midtown
area. As instructed by Commission adopted policy documents, the District will continue to
focus on remediating blight, by attracting targeted private investment and growing the tax
base.
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Midtown Urban Renewal Board Annual Work Plan and Budget FY2025 Page 4 of 9
Midtown Urban Renewal District (MURD)
FY2024 Annual Report (July 1, 2023 to June 30, 2024)
Highlights of investments over $15,000 are documented below.
N. 5th Ave. Multi-Use Path $339,425
Staff obtained an easement to install a 10ft paved multi-use path along the N. 5th Ave.
right-of-way to connect the path on Oak St. to Westlake Park and to provide bike and
pedestrian connectivity where N. 5th Ave. does not currently exist. The estimated project cost
in the FY2024 work plan was $325,000. The path was bid in February of 2024. The new
estimate is $339,425. Construction of this path will begin the summer of 2024. Monies not
paid out by June 30, 2024 will carry forward to FY25.
Westlake Park Improvements $318,641
The District paid to add back-in angle parking to serve as parking for Westlake Park
as part of improvements to N. 5th Ave. The project significantly impacted the mountain bike
facilities manage by Southwest Montana Mountain Bike Association (SWMMBA). A recently
update park master plan calls for relocating the mountain bike facilities and building an
entrance plaza near the intersection of N. 5th Ave. and the recently complete Aspen Festival
Street. Improvements to the mountain bike jumps went through multiple rounds of bidding
with little success. The delay in construction increased the price. An interdepartmental
transfer of $50,000 assisting the Parks Department in completing this regional park and
remediating the substantial physical dilapidation and deterioration of the jumps will occur in
FY24. Improvements to the park began in 2020.
The Lumberyard Workforce Housing $2,000,000
The Lumberyard Project consists of over 260 new units of housing, including at least
90 units of housing, each affordable at 60% of area median income for a period of 30 years.
The development agreement approved reimbursement of $7,581,016 for certain eligible costs
of the project. The development agreement approved by the City Commission outlined an
initial payment of $2,000,000 and subsequent payments when certain project milestones are
met.
Series 2020 Bond Payment $410,000
The City Commission approved the first series of bonds for the district for $6,500,000.
The proceeds of the bonds were to pay for the N. 7th Ave. Streetscape Project and the Aspen
and 5th Improvements Project. The term of the bonds is 25 years.
Expenditures Compiled April 2024
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An Urban Renewal District with a Tax Increment Financing (TIF) Program
Midtown Urban Renewal Board Annual Work Plan and Budget FY2025 Page 5 of 9
Midtown Urban Renewal District (MURD)
FY2025 Work Plan (July 1, 2024 to June 30, 2025)
Midtown Infrastructure Improvements
Codify Design Standards for N. 7th Ave. Streetscape $40,000
Recent improvements to the N. 7th Ave. streetscape are not currently required for
redevelopment projects on the corridor. In order to protect the public investments already
made and to ensure design continuity for the corridor, codifying the streetscape design is
necessary for the future development of the corridor.
N. 8th Sewer $1,050,000
The City is soliciting bids to upgrade the sewer line N. 8th Ave., which is a 100+ year
old clay sewer line that no longer meets current standards. This project was identified in the
2017 Midtown Action Plan.
Parking Garage Design and Due Diligence $1,200,000
As the district begins to reach goals associated with walkable density, staff recognizes
the importance of additional parking within the district and continues to monitor the progress
of any potential proposal to construct a parking structure. These monies cover the costs of
retaining consultants to do due diligence to determine if a proposal is in the best interest of
the District.
5th Ave Trail Construction $339,425
Staff obtained an easement to install a 10ft paved multi-use path along the N. 5th Ave.
right-of-way to connect the path on Oak St. to Westlake Park and to provide bike and
pedestrian connectivity where N. 5th Ave. does not currently exist. The estimated project cost
in the FY2024 work plan was $325,000. The path was bid in February of 2024. The new
estimate is $339,425. Construction of this path will begin the summer of 2024. Monies not
paid out by June 30, 2024 will carry forward to FY25.
Whittier Parking Lot Design $68,000
The Midtown Action Plan calls for building partnerships to hone in on key infrastructure
improvements. Per State Law, there are only a few ways urban renewal funds can assist
schools in Montana. Tax increment financing may be used to complete certain infrastructure
projects, including parking lots. $68,000 represents civil engineering, landscape architecture,
and electrical engineering services for the Whittier Parking Lot.
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An Urban Renewal District with a Tax Increment Financing (TIF) Program
Midtown Urban Renewal Board Annual Work Plan and Budget FY2025 Page 6 of 9
Bond Repayment
Series 2020 $ 410,000
The City Commission approved the Series 2020 bonds for a 25 year term that ends
2045. $410,000 is the annual payment on the $6,500,000 in debt issued to finance the cost
of the N. 7th Ave. Streetscape Project, and the Aspen and N. 5th Ave. Improvements Project.
Professional Services and Outside Legal Counsel
Contracted Professional Services $ 60,000
To assist with district management and implementation of the work plan and budget,
as well as responding to new opportunities, Staff will contract for services on an as-needed
basis.
Outside Legal Counsel $ 60,000
The Midtown Urban Renewal District continues to see strong interest in redevelopment. This
interest will necessitate work on development agreements under the Midtown TIF Assistance
Program, and depending on the scope of the projects, the need to issue additional bonds.
Outreach and Marketing
Midtown Marketing and Recruitment $ 10,000
This item includes maintenance of the District website, midtownbozeman.org, as well
as programs like the banner program to drive traffic to the website. The District uses the
website to communicate effectively with property owners, developers, and the public and “to
disseminate blight clearance and urban renewal information.” In addition, the board and staff
continue to actively recruit development projects in the district that are in support of the urban
renewal plan. Additionally, this money will assist in the district exploration of a business
improvement district.
District Operations
Payroll $ 100000
The City’s Economic Development Department manages the Bozeman Urban
Renewal District in response to City Commission and the Midtown Urban Renewal Board
work plans and policy guidance. 1.5 FTE are dedicated to staffing the Bozeman Urban
Renewal Program as a whole, of which the Midtown URD contributes a proportionate share
of funding.
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An Urban Renewal District with a Tax Increment Financing (TIF) Program
Midtown Urban Renewal Board Annual Work Plan and Budget FY2025 Page 7 of 9
Training $ 7,000
Strong professional development drives the success of the urban renewal program.
Staff plans to participate in the National Development Council’s Economic Development
Finance Professional (EDFP) Certification Program and the International Economic
Development Council’s (IEDC) certified economic developer course series over a number of
years
Midtown Urban Renewal District (MURD)
FY2026 Work Plan (July 1, 2025 to June 30, 2026)
Mendenhall Sewer $464,000
Tax increment financing from the Downtown Urban Renewal District, the Midtown
Urban Renewal District, and funds from the City’s Wastewater Fund were approved in order
to upgrade of the existing, aged 6-inch sanitary sewer main in Mendenhall from 5th Avenue
to Grand Avenue to a new eight-inch sanitary sewer main. Agreements for the infrastructure
improvement were entered into in October of 2023. Construction of the main began in the
spring of 2024. Payment is expected in FY26.
Food Truck Development Code and Standards $20,000
The Board asked for Economic Development staff to work with Community
Development on standards to formalize food truck installations to add interest and activity to
the district.
Whittier Parking Lot Construction $600,000
The Midtown Action Plan calls for building partnerships to hone in on key infrastructure
improvements. Per State Law, there are only a few ways urban renewal funds can assist
schools in Montana. Tax increment financing may be used to complete certain infrastructure
projects, including parking lots. $600,000 represents an estimate of the construction cost for
the Whittier Parking Lot in FY26.
Aspen Intersection Improvements $500,000
Staff are in the preliminary stage of evaluating improvements to the intersection of
N.7th Ave. and W. Aspen St. to enhance the safety of the intersection.
The Northern (7th and Lamme) Water and Sewer $1,100,000
The water and sewer lines in W. Lamme are in poor condition and do not meet
existing standards.
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An Urban Renewal District with a Tax Increment Financing (TIF) Program
Midtown Urban Renewal Board Annual Work Plan and Budget FY2025 Page 8 of 9
Midtown Tax Increment Finance Assistance Program
Approved Development Agreements
Lumberyard Pay Go Agreement $7,581,016
The Lumberyard Project consists of over 260 new units of housing, including at least
90 units of housing, each affordable at 60% of area median income for a period of 30 years.
The development agreement approved reimbursement of $7,581,016 for certain eligible costs
of the project. The development agreement approved by the City Commission outlined an
initial payment of $2,000,000 and subsequent payments when certain project milestones are
met. The project must generate 80% of its reimbursement through new taxable value before
the entirety of the $7,581,016 is paid out.
Redevelopment Incentive Programs
The Midtown Urban Renewal District’s redevelopment incentive programs are based on
criteria included in the 2015 Midtown Urban Renewal District Plan and the 2017 Midtown
Action Plan. Due to the rapid growth in the tax increment financing districts and limited staff
capacity, the following redevelopment incentive programs will be suspended for FY25.
Technical Assistance Grants (TAG)$ 15,000
This program is to provide technical assistance funding to encourage developers to
build on parcels along the N. 7th Avenue corridor, or rehabilitate existing structures. It
recognizes the complexities of redeveloping parcels which have existing substandard
buildings and infrastructure; it was created to offset the costs of those complexities with grants
for those proposing work which eliminates blight and advances the implementation of the
District Plan. The program was approved by Resolution 4777 and is administered by the
MURB. The maximum grant amount for the program is $7,500 and requires a 1:1 match.
Midtown Tax Increment Finance Assistance Program –
Direct Incentives $ 100,000
The City Commission approved an incentive program, the Midtown TIF Assistance
Program pursuant to Resolution 4770 in 2017. Resolution 5087 reauthorized and updated
the Program in 2019. Awards will be based on the quality of projects and their support of the
Midtown Urban Renewal Plan. Projects of a larger magnitude may require the issuance of tax
increment revenue bonds. Projects $50,000 and under may be awarded by the Board and
sent to the City Commission as Consent Items. Projects over $50,000 require the approval of
the City Commission.
Fiber Conduit Connection Incentive Program $ 20,000
The District has made significant investments in facilitating competitive
telecommunications options through the provision of public conduit. This program, modeled
on a program created by the Downtown URD provides matching grants of up to $2,500 to
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An Urban Renewal District with a Tax Increment Financing (TIF) Program
Midtown Urban Renewal Board Annual Work Plan and Budget FY2025 Page 9 of 9
connect buildings to the City conduit system. The program facilitates connections to
infrastructure and the utilization of the existing conduit investment.
267
Memorandum
REPORT TO:City Commission
FROM:David Fine, Economic Development Manager
Brit Fontenot, Economic Development Director
SUBJECT:Northeast Urban Renewal District 2025 Biennium Budget and Fiscal Year
2025 Work Plan and Budget
MEETING DATE:May 14, 2024
AGENDA ITEM TYPE:Finance
RECOMMENDATION:Consider the Motion: I move to approve the Northeast Urban Renewal
District 2025 Biennium Budget and Fiscal Year 2025 Work Plan and Budget.
STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a
mechanism to encourage economic development.
BACKGROUND:Please see the attached Northeast Urban Renewal District Work Plan and
Budget for Fiscal Year 2025.
The Montana Urban Renewal Law requires the governing body to annually
adopt a Work Plan and Budget for each district. Since the City Commission is
undertaking biennial budgeting the staff, will still present a work plan and
budget annually to maintain compliance with the law.
UNRESOLVED ISSUES:None at this time.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:The Fiscal Year 2025 staff recommended budget for the Northeast Urban
Renewal District is $1,302,900 in appropriations. The recommended budget
for the biennium FY 25-26 is $2,607,700 in appropriations.
Attachments:
Northeast URD 2025 Biennium Budget.pdf
FY25 NURB Work Plan 041624 FINAL.doc
Report compiled on: May 3, 2024
268
Northeast TIFD
Budget Unit (All)
Approp - FY24 Budget Northeast TIFD
Row Labels
Sum of FY23
Actual
Sum of FY24
Budget
Sum of FY24
Actual
Sum of FY24
Projected
Sum of FY25
Budget
Sum of FY26
Budget
Sum of 2024-
2026 Biennium
Beginning Working Capital - (1,006,000) - (1,065,900) (1,386,300) (1,386,300)
Revenue (425,882) (511,000) (396,836) (579,200) (595,800) (625,600) (1,221,400)
Salaries & Benefits 29,396 30,500 22,723 30,700 33,400 35,200 68,600
Operations & Maintenance 27,978 30,000 12,185 86,000 1,177,400 1,177,500 2,354,900
Capital Outlay 63,587 986,900 40,367 50,000 -
Debt Service/Loans 92,000 93,000 46,000 92,100 92,100 92,100 184,200
Grand Total (212,921) (376,600) (275,561) (1,386,300) (679,200) 679,200 -
269
Northeast Urban Renewal District Annual Work Plan and Budget FY2025 – May 2024 1
NORTHEAST URBAN RENEWAL
FY2024 ANNUAL REPORT
and
FY2025 WORK PLAN AND BUDGET
FY2026 WORK PLAN AND BUDGET
On November 28, 2005, the Bozeman City Commission finally adopted Ordinance No. 1655 which
formally enacted the Northeast Urban Renewal Plan and became effective December 28, 2005. The
stated mission of the plan and general goals are as follows:
DISTRICT PLAN MISSION/VISION
“This Plan is the City’s response to remedy the conditions of blight found in the August 2005 [Blight]
Report. The Plan also addresses other issues important to the District. The Plan’s purpose is to
ensure the vitality of the Northeast Urban Renewal District (NURD) the vitality of the NURD for
generations to come, and to make the NURD an area in which its citizens can take exceptional pride.
The Plan envisions a mixed use neighborhood that is user friendly, safe, secure and healthy. While
this Plan envisions a District with diversity of housing, businesses and amenities, it intends to maintain
the unique ambiance and historic character of the District”.
Nine principles were developed for the plan. Each of the principles has one or more goals associated
with the plan, some of which specifically relate to this work plan while others represent general
objectives and directives. The Northeast Urban Renewal Board (NURB) goals are as follows:
GENERAL GOALS:
Outdated or insufficient infrastructure should be repaired, replaced, or otherwise improved.
Provide public utilities to the area efficiently in ways that are not visually or physically obtrusive.
Encourage a land use pattern that facilitates all modes of transportation – vehicular, bicycle,
pedestrian, mass transit, and commercial – for safe, efficient and convenient access for
residential, commercial, and industrial uses.
Harmonize commercial and industrial development with residential quality of life.
New structures should be designed and built keeping in mind the public values of durability,
flexibility, and simplicity. Thoughtful consideration of design, materials, and massing in the
construction of new private buildings will add strength and character to the built environment. To
the degree that the private sector can be influenced by a public partner in development, the
community ought to strongly encourage excellence in urban design as a basis of partnership.
Promote sustainable building practices and design within the district.
Procure new land for park and open space.
Improve landscaping in existing public spaces.
Neither the City of Bozeman nor any of its subdivisions shall use eminent domain to take private
property for private use in the implementation of an urban renewal project or similar
redevelopment plan.
Encourage the City to help ensure the success of the Northeast Urban Renewal Plan by giving a
high priority to the Northeast District in its capital improvements plan.
Work with neighborhoods and businesses to ensure actions taken in the district are compatible
with adjacent developed areas.
Work with the City to ensure actions taken outside of the District are compatible with projects
inside of the District.
In 2010, the Northeast Urban Renewal Board began implementing plans and projects reflecting their
270
Northeast Urban Renewal District Annual Work Plan and Budget FY2025 – May 2024 2
three funding priorities: 1) Parks, Trails and Greenspace; 2) Infrastructure and 3) Neighborhood
Development Plan.
Northeast Urban Renewal District (NURB)
FY2024 Annual Report (July 1, 2023 to June 30, 2024)
Pedestrian Bridge/East Aspen Street $380,000
This project will provide for pedestrian connectivity through a trail extension and a non-
vehicular crossing of Bozeman Creek. This will result in the improvements along yet another
street within the district and will tie into the new improvements to North Rouse Avenue. This
project will span FY24 and FY25.
Design of the pedestrian bridge and engineering of the abutments upon which to construct
the bridge have been completed and construction bids for the project have been received, with
construction to be completed in FY25. Due to permitting issues in FY24, the construction of the
bridge was delayed until the summer of 2024. As a result, a majority of the monies budgeted in
this line item are carried forward to next year’s work plan. Economic Development staff engaged
the neighbors of East Aspen Street in March of 2024 about the impact of a new sidewalk on the
already limited parking on East Aspen Street. The neighbors that participated expressed a desire
for the City to not pursue a sidewalk due to the narrow existing street and limited parking. Staff
believes the project can move forward without a sidewalk at this time. As a result, staff believes
the cost of the project will decrease dramatically. The decrease in cost will bring the project closer
to the original cost when the project was approved by the Northeast Urban Renewal Board in
FY24.
Quiet Zone Design $ 130,000
The quiet zone study has identified the improvements required for quiet railroad crossings.
It is anticipated that the improvements for the North Wallace Avenue/L Street crossing will include
an arm for the pedestrian crossing as well as raised medians on both sides of the railroad tracks
to preclude vehicles from driving around down arms. Improvements to Griffin Drive, including
upgrades at the railroad crossing, are now completed. Since improvements will be required for all
three crossings before a quiet zone can be implemented, it is important to undertake crossing
improvements as monies are available.
Due to significant delays caused by the end of the Montana Rail Link lease of BNSF track
and the related delays, further design cost of this project has been halted while we await design
review. The topline cost is the expected total cost of design work spread across several fiscals at
this point.
Fencing along west side of Depot Trail $ 5,000
Due to continued encroachments into the Depot Trail and its right-of-way, the Board
determined that fencing along the west right-of-way line was needed. The fence is to be
complementary to the trail and the neighborhood. In FY24, the right-of-way line along that portion
of the Depot Trail that lies between East Tamarack Street and North Wallace Avenue was
determined and options for the fence design were provided to City staff. Construction of the fence
is slated for FY25. This budget item reflects the cost of design and survey for the fence project.
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Northeast Urban Renewal District Annual Work Plan and Budget FY2025 – May 2024 3
Administrative Services $ 30,500
The Economic Development provides staffing for the District.
Bond Costs $ 213,900
Costs covered under this item include bond repayment ($93,000) and the designated bond
reserve ($120,900).
Northeast Urban Renewal District (NURB)
FY2025 Work Plan (July 1, 2024 to June 30, 2025)
Pedestrian Bridge/East Aspen Street $ 380,000
This project will provide for pedestrian connectivity through a trail extension and a non-vehicular
crossing of Bozeman Creek. The project also includes sidewalk along one side of East Aspen
Street between the creek and North Rouse Avenue. This will result in the improvements along yet
another street within the district and will tie into the new improvements to North Rouse Avenue.
Construction of the bridge is to be completed during the 2025 fiscal year, thus completing a
project that has been on the Board’s work plan since the second year of the program.
Fencing along west side of Depot Trail $ 20,000
Due to continued encroachments into the Depot Trail and its right-of-way, the Board has
determined that fencing along the west right-of-way line is needed. The amount budget is to cover
the costs of determining the right-of-way line along that portion of the Depot Trail that lies
between East Tamarack Street and North Wallace Avenue. The fence is to be complementary to
the trail and the neighborhood. It is scheduled to be constructed in FY25.
Bond Costs $ 213,900
Costs covered under this item include bond repayment ($93,000) and the designated bond
reserve ($120,900).
Northeast Urban Renewal District (NURB)
FY2026 Work Plan (July 1, 2025 to June 30, 2026)
Quiet Zone Construction $ 500,000
The quiet zone study has identified the improvements required for quiet railroad crossings.
It is anticipated that the improvements for the North Wallace Avenue/L Street crossing will include
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Northeast Urban Renewal District Annual Work Plan and Budget FY2025 – May 2024 4
an arm for the pedestrian crossing as well as raised medians on both sides of the railroad tracks
to preclude vehicles from driving around down arms. Improvements to Griffin Drive, including
upgrades at the railroad crossing, were completed in Fiscal Year 2022. Since improvements will
be required for all three crossings before a quiet zone can be implemented, it is important to
undertake crossing improvements as monies are available.
Pocket Park – North Church Avenue right-of-way design $ 50,000
Several years ago, a trail was constructed along the North Church Avenue right-of-way
between East Cottonwood Street and East Tamarack Street. Under this project, that trail is to be
extended north from East Tamarack Street, with a pocket park constructed along the stream.
$50,000 is the estimated cost of right-of-way, design, and park enhancements.
Northeast Urban Renewal District (NURB)
Future Projects
Reimburse Wildlands public infrastructure $ 580,000
The Wildlands project includes expansion of the existing building at the northeast corner of the
intersection of East Peach Street and North Wallace Avenue and demolition of improvements on
the adjacent lot to provide adequate space for the expansion and relocation of the parking lot.
The applicant has requested reimbursement for the public infrastructure improvements required
in conjunction with the project. The City Commission concurred in the Board’s recommendation
to approve that request once the applicant has completed the projects and paid at least two years
of property taxes that equal the amount of the reimbursement.
Reimburse Cloverleaf public infrastructure $2,210,480
The Cloverleaf project includes demolition of improvements of the existing buildings on the
current Bronken Distributing site, which is bounded by East Peach Street, North Plum Avenue,
East Cottonwood Street and North Ida Avenue, and construction of a mixed use residential
development project. In conjunction with that project, the developer will make the needed water
main improvements, wastewater collection improvements, street improvements, installation of
sidewalks and installation of state of the art fiber to the site. The applicant has requested
reimbursement for the public infrastructure improvements required in conjunction with the project
plus the costs of the impact fees associated with it. The City Commission concurred in the
Board’s recommendation to approve that request once the applicant has completed the project,
with that reimbursement to be paid over several years at a percentage of the taxes paid for this
property, as those monies become available.
Trails within the district
The Board has determined its top priority projects for the upcoming years revolve around
trails within the district that enhance its livability and provide non-vehicular connectivity. It was
noted these are projects not likely to be part of any development project but are desired
improvements. At this time, there are no identified trail segments, but expenditure of these
monies should be considered as opportunities arise. Also, a portion of these monies could be
used to develop pocket parks, possibly in conjunction with the trail segments.
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Northeast Urban Renewal District Annual Work Plan and Budget FY2025 – May 2024 5
Connector trail – Depot trail to Audubon site
The Audubon Society has acquired 32 acres of wetlands and sensitive lands lying east of this
district and is purchasing an additional 8 acres. The subject site lies outside the boundaries of
the district; however, a portion of the trail extension lies within the district; and these monies are
for that portion of the trail only. This trail extension would provide a safe access for pedestrians
moving through the district to the enhanced wetlands area.
Front Street – Ida to Aspen
Front Street – Tamarack to Ida Construction
North Ida Avenue – Peach to Cottonwood
These three street projects were initially added to the work plan and budget and were designed to
complement the street improvements to be constructed in conjunction with the Cottonwood and
Ida project (later renamed the TinWorks Project). That project has been abandoned, and no new
plans for those properties are anticipated in the near future.
The monies listed above are not adequate to complete any of the projects listed, but could be
used to enhance street improvements made in conjunction with public improvements in
conjunction with a private development. As an alternative, the monies could be appropriated for a
payback agreement that may include any or all of these street improvements made in conjunction
with a future private development. The currently proposed Block 104 project, which is undergoing
staff review, could provide adequate additional incremental value to cover reimbursing a
developer for the costs of these improvements to blighted infrastructure.
274
Memorandum
REPORT TO:City Commission
FROM:David Fine, Economic Development Manager
Brit Fontenot, Economic Development Director
SUBJECT:Pole Yard Urban Renewal District 2025 Biennium Budget and Fiscal Year
2025 Work Plan and Budget
MEETING DATE:May 14, 2024
AGENDA ITEM TYPE:Finance
RECOMMENDATION:Consider the Motion: I move to approve the Pole Yard Urban Renewal
District Fiscal Year 2025 Work Plan and Budget
STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a
mechanism to encourage economic development.
BACKGROUND:Please see the attached Pole Yard Urban Renewal District Work Plan and
Budget for Fiscal Year 2025.
The Montana Urban Renewal Law requires the governing body to annually
adopt a Work Plan and Budget for each district. Since the City Commission is
undertaking biennial budgeting the staff, will still present a work plan and
budget annually to maintain compliance with the law.
UNRESOLVED ISSUES:None at this time
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:The Fiscal Year 2025 staff recommended budget for the Pole Yard Urban
Renewal District is $833,000 in appropriations. The recommended budget
for the biennium FY 25-26 is $1,720,200 in appropriations.
Attachments:
Pole Yard URD 2025 Biennium Budget.pdf
Pole Yard URD FY 25 - 26 Work Plan and Budget FINAL
20240506.docx
Report compiled on: May 6, 2024
275
Pole Yard TIFD
Budget Unit (All)
Approp - FY24 Budget Pole Yard TIFD
Row Labels
Sum of FY23
Actual
Sum of FY24
Budget
Sum of FY24
Actual
Sum of FY24
Projected
Sum of FY25
Budget
Sum of FY26
Budget
Sum of 2024-
2026 Biennium
Beginning Working Capital - (276,500) - (334,900) (780,100) (780,100)
Revenue (193,891) (323,500) (274,217) (445,200) (458,600) (481,500) (940,100)
Operations & Maintenance - 600,000 - 833,000 887,200 1,720,200
Grand Total (193,891) - (274,217) (780,100) (405,700) 405,700 -
- -
276
POLE YARD URBAN RENEWAL DISTRICT
FY2024 ANNUAL REPORT
and
FY2025 - FY 2026 WORK PLAN AND BUDGET
The Purpose and Intent of the Pole Yard Urban Renewal District and Plan
The creation of the URD in the Pole Yard enables the City of Bozeman to eliminate conditions that
contribute to blight substantially impairing sound growth of the City through investments in public
infrastructure and efficient delivery of public services.
Goals of the Pole Yard Urban Renewal District Plan
GOAL 1. Promote Innovative Economic Development
Rationale: Commerce strengthens the community, opens reinvestment opportunities, enables
livable wage jobs, and supports the sound growth of the community, helping to eliminate
conditions that contribute to blight.
GOAL 2. Enable Enhanced Connectivity and Mobility
Rationale: Connecting neighborhoods through investments in multi-model transportation corridors
strengthens the fiber of the community.
GOAL 3. Invest in Efficient Delivery of Public Infrastructure
Rationale: Infrastructure is the backbone of the community. Private development typically requires
a corresponding public investment in infrastructure. Capital improvements will help achieve
economic vitality and support the delivery of public services.
GOAL 4. Foster Urban Neighborhood Coherency
Rationale: Higher concentration of development achieves greater efficiency in the delivery of public
services. Urban growth, oriented to centers of employment and activity, can reduce or eliminate
commute times, lower transportation costs and create vitality and a sense of community.
Integrated elements of growth, ensuring a cohesive neighborhood that in turn contributes to the
well-being of the entire community, will reduce geographic, as well as economic and social
isolation.
GOAL 5. Protect Public Health
Rationale: An area that includes a superfund site presents the need for increased diligence to
comply with the obligation to not exacerbate the human health contact risk or environmental
contamination.
GOAL 6. Encourage the Retention of Existing Businesses
Rationale: Urban infill development can affect the community through such things as additional
traffic and noise, particularly when the existing public systems do not meet current standards.
277
GOAL 7. Respect Critical Environments
Rationale: Riparian and wetland areas provide benefits to the community through such things as
filtering urban runoff, providing habitat for wildlife and flood protection.
Pole Yard Urban Renewal District (PYURD)
FY2024 Annual Report (July 1, 2023 to June 30, 2024)
Highlights of investments over $15,000 are documented below.
No funds were expended in the PYURD in FY 2024.
278
Pole Yard Urban Renewal District (PYURD)
FY2025 Work Plan (July 1, 2024 to June 30, 2025)
The Pole Yard Urban Renewal District was created in 2020 and has limited fiscal resources as a result its
recent creation.
Contracted Services/Consultants/Professional Services $150,000
Other/General $683,000
Staff is requesting budget authority to spend up to $600,000 of existing cash-on-hand to
move projects and development agreements forward in the District. These funds could also be
devoted to the design or construction of public infrastructure that serves the District.
Specifically, $500,000 of these funds could be allocated to the construction of quiet zone
improvements at the Rouse Ave. crossing in the event the project moves forward within the
Fiscal Year.
Pole Yard Urban Renewal District (PYURD)
FY2026 Work Plan (July 1, 2025 to June 30, 2026)
Contracted Services/Consultants/Professional Services $150,000
Other/General $737,200
We propose allocating the entirety of the expected increment to be responsive to opportunities.
It is likely that in FY 25/26 we will either support developer or city led Infrastructure projects and
development agreements.
279
Memorandum
REPORT TO:City Commission
FROM:David Fine, Economic Development Manager
Brit Fontenot, Economic Development Director
SUBJECT:North Park Urban Renewal District 2025 Biennium Budget and Fiscal Year
2025 Work Plan and Budget
MEETING DATE:May 14, 2024
AGENDA ITEM TYPE:Finance
RECOMMENDATION:Consider the Motion: I move to approve the North Park Urban Renewal
District 2025 Biennium Budget and Fiscal Year 2025 Work Plan and Budget.
STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a
mechanism to encourage economic development.
BACKGROUND:The Fiscal Year 2025 staff recommended budget for the North Park Urban
Renewal District is $144,000 in appropriations. The recommended budget
for the biennium FY 25-26 is $253,500 in appropriations.
UNRESOLVED ISSUES:None at this time.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:TBD
Attachments:
North Park 2025 Biennium Budget.pdf
NP URD Work Plan and Budget FY 25 - FY 26 FINAL
20240506.docx
Report compiled on: May 6, 2024
280
North Park TIFD
Budget Unit (All)
Approp - FY24 Budget North Park TIFD
Row Labels
Sum of FY23
Actual
Sum of FY24
Budget
Sum of FY24
Actual
Sum of FY24
Projected
Sum of FY25
Budget
Sum of FY26
Budget
Sum of 2024-
2026 Biennium
Beginning Working Capital - (160,200) - (168,300) (195,700) (195,700)
Revenue (25,025) (26,800) (22,107) (27,400) (28,200) (29,600) (57,800)
Operations & Maintenance - 160,200 - 144,000 109,500 253,500
Grand Total (25,025) (26,800) (22,107) (195,700) (79,900) 79,900 -
281
NORTH PARK URBAN RENEWAL DISTRICT
FY2024 ANNUAL REPORT
and
FY2025 - FY2026 WORK PLAN AND BUDGET
Goals of the North Park Urban Renewal District Plan
GOAL 1: Promote Economic Development, with a Focus on Value-Adding Commerce
Rationale: Value-adding commerce strengthens the community, opens reinvestment
opportunities, supports livable wage jobs, and provides for economic needs of the citizens,
helping to eliminate conditions that contribute to blight.
GOAL 2: Invest in Efficient Delivery of Public Infrastructure
Rationale: Infrastructure is the backbone of the community. Private development typically
requires a corresponding public investment in infrastructure. Capital improvements in the
district will help achieve economic vitality and address conditions that contribute to blight.
GOAL 3: Support Planned Urban Density and Design
Rationale: Higher density achieves greater efficiency in the delivery of public services. Live-work
opportunities can reduce or eliminate commute times, lower transportation costs and create
vitality and a sense of community. Design elements such as open space and pedestrian facilities
promote recruitment of value-adding businesses interested in quality of life for their
employees.
North Park Urban Renewal District (NPURD)
FY2024 Annual Report (July 1, 2023 to June 30, 2024)
Highlights of investments over $15,000 are documented below.
No funds were expended in the NPURD in FY 2024.
282
North Park Urban Renewal District (NPURD)
FY2025 Work Plan (July 1, 2024 to June 30, 2025)
Contracted Services/ Consultants and Professional Services $60,000
Other/General $84,000
Staff is requesting budget authority to spend up to $144,000 of existing cash-on-hand to
move projects and development agreements forward in the District and respond to
opportunities as they arise. These funds could also be devoted to the design or construction of
public infrastructure that serves the District.
North Park Urban Renewal District (NPURD)
FY2026 Work Plan (July 1, 2025 to June 30, 2026)
We are expecting a developer led infrastructure investment with significant future
bonding. We plan to accumulate funds until then and use available funds to reimburse eligible
costs.
Other/General $109,500
Staff is requesting budget authority to spend up to $109,500 to move projects and
development agreements forward in the District and respond to opportunities as they arise.
These funds could also be devoted to the design or construction of public infrastructure that
serves the District.
283
Memorandum
REPORT TO:City Commission
FROM:David Fine, Economic Development Manager
Brit Fontenot, Economic Development Director
SUBJECT:South Bozeman Technology District 2025 Biennium Budget and Fiscal Year
2025 Work Plan and Budget
MEETING DATE:May 14, 2024
AGENDA ITEM TYPE:Finance
RECOMMENDATION:Consider the Motion: I move to approve the South Bozeman Technology
District Biennium Budget and Fiscal Year 2025 Work Plan and Budget.
STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a
mechanism to encourage economic development.
BACKGROUND:Please see the attached South Bozeman Technology District Work Plan and
Budget for Fiscal Year 2025.
The Montana Urban Renewal Law requires the governing body to annually
adopt a Work Plan and Budget for each district. Since the City Commission is
undertaking biennial budgeting the staff, will still present a work plan and
budget annually to maintain compliance with the law.
UNRESOLVED ISSUES:None at this time.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:The Fiscal Year 2025 staff recommended budget for the South Bozeman
Technology District is $96,100 in appropriations. The recommended budget
for the biennium FY 25-26 is $197,200 in appropriations.
Staff expects to issue bonds in this district to reimburse for public
infrastructure and other eligible costs pursuant to a development agreement
approved by Resolution 5420.
Attachments:
SBTD 2025 Biennium Budget.pdf
SBTD Work Plan and Budget FY 2025 - 2026 FINAL
20240506.docx
Report compiled on: May 6, 2024
284
285
South Bozeman Technology TIFD
Budget Unit (All)
Approp - FY24 Budget South Bozeman Technology TIFD
Row Labels
Sum of FY23
Actual
Sum of FY24
Budget
Sum of FY24
Actual
Sum of FY24
Projected
Sum of FY25
Budget
Sum of FY26
Budget
Sum of 2024-
2026 Biennium
Beginning Working Capital - (37,700) - (54,300) (100,200) (100,200)
Revenue (35,371) (36,100) (23,670) (45,900) (47,300) (49,700) (97,000)
Operations & Maintenance 4,803 38,000 - 96,100 101,100 197,200
Grand Total (30,568) (35,800) (23,670) (100,200) (51,400) 51,400 -
286
SOUTH BOZEMAN TECHNOLOGY DISTRICT
FY2024 ANNUAL REPORT
and
FY2025 and FY2026 WORK PLAN AND BUDGET
New Mission and Vision for the MontanaState University Innovation Campus
The Mission ofthe Montana State University Innovation Campus is:
•To promote economic development and support partnerships between
regional, national,and international high tech-based businesses and the
research community of Montana State, the region,and the State of Montana.
•To create a world-class research park to promote academic and industry
collaboration to advance research and scientific discoveries with Montana State
University Faculty and Students that will maximize the academic talent and
regional resources of Montana State University,the region,and the State of
Montana.
•To promote learning and collaboration in support ofscientific research,
new discoveries,and inventions to further the commercialization of
Montana State University’s intellectual assets and technology transfer.
•To provide state-of-the-art facilities,programs,services,and amenities to
support the growth and success of technology-based businesses.
•To provide ‘the place''to link academic,private, and governmental researchers
and scientists to advance new discoveries in support ofthe Citizens within the
State of
Montana,the nation,and the world.
The Vision ofthe Montana State University Innovation Campus is:
Tobe recognized as the 'the place' that provides a unique community to connect people
and support public private partnerships to stimulate new ideas, push forward the
advancement of research and science, and produce new discoveries and technologies
that will transform the world.
287
South Bozeman Technology District (SBTD)
FY2024 Annual Report (July 1, 2023 to June 30, 2024)
Highlights of investments over $15,000 are documented below.
$0 were expended in the SBTD in FY 2024 in contracted services.
288
South Bozeman Technology District (SBTD)
FY2025 Work Plan (July 1, 2024 to June 30, 2025)
Other/General $96,100
Currently one building is complete and operational on the Innovation Campus (IC), the
Advanced Research Lab (ARL). Two additional buildings are currently under construction, the
80,000 sq ft Industry Building and the 78,000 sq ft Aurora Building. A fourth building is under
negotiations. On March 19, 2024 the MSUIC received approval of their Planned Development
Zone (PDZ) application. Staff is requesting budget authority to spend up to $47,600 of existing
cash-on-hand to move projects and development agreements forward in the District. These
funds could also be devoted to the design or construction of public infrastructure that serves
the District.
Development Agreement with Big Sky ICINF, LLC $3,599,178*
Please note that there is currently a development agreement, adopted pursuant to
Resolution 5420, with Big Sky ICINF, LLC to reimburse the developer for the construction of
public infrastructure related to the construction of two buildings within the District on the MSU
Innovation Campus. The development agreement is not a guarantee of reimbursement or
bonding for reimbursement. Road network infrastructure is complete on the Innovation
Campus. Once the buildings are complete, a tax generation analysis will determine if the debt
coverage ratio exists to bond for reimbursement to the developer for the improvements.
*A budget amendment related to expenditure of bond proceeds is likely in this fiscal year.
South Bozeman Technology District (SBTD)
FY2026 Work Plan (July 1, 2025 to June 30, 2026)
Other/General $101,100
We recommend appropriating the entirety of expected increment to be responsive to
opportunities. There is an existing development agreement to issue bonds for infrastructure
that is already constructed, once the District meets a specified debt coverage ratio.
289