HomeMy WebLinkAbout06-17-25 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 or Mindfulness
C. Changes to the Agenda
D. FYI
E. Commission Disclosures
F. Consent
F.1 Accounts Payable Claims Review and Approval (Edwards)
F.2 Authorize the City Manager to Sign a Task Order with Tetra Tech for Fiscal Year 2026
Operations, Maintenance, and Monitoring at the Story Mill Landfill(Flammond)
THE CITY COMMISSION OF BOZEMAN, MONTANA
REGULAR MEETING AGENDA
Tuesday, June 17, 2025
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F.3 Authorize the City Manager to Sign Task Order 1 of the Professional Services Master Task
Order Agreement with the Firm of HDR Engineering, Inc. Providing for East Gallatin River
Water Quality Sampling and Analysis(Heaston)
F.4 Authorize the City Manager to approve a Second Amendment to the Construction
Agreement with Constructive Solutions Incorporated for the Downtown Alley Enhancement
Project(Staley)
F.5 Resolution Confirming the Issuance of Warrants in Connection with Special Improvement
District 778 for Local Improvements to Bogert Place(Hodnett)
F.6 Resolution Levying a Special Assessment for Special Improvement District (SID)
778(Hodnett)
G. Public Comment on Non-agenda Items Falling Within the Purview and Jurisdiction of the
Commission
H. Action Items
H.1 Provisional Adoption of a Zone Map Amendment Requesting Modifying the Zoning Map
from PLI to R-3 on 1.37 Acres Plus the Adjacent Right of Way, the Vaquero Land Swap Zone
Map Amendment, Application 25035(Rogers)
H.2 A Resolution Discontinuing, Abandoning, and Vacating the North-South Alley, Parallel to Ida
Avenue, Connecting East CottonwoodStreet and East Peach Street, in the Northeast of the
City of Bozeman, Gallatin County, Montana(Lonsdale)
H.3 A Resolution Changing the Name of Elaine Lane to Fly Fisher Run (Lonsdale)
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 state whether you are a resident of the city or a
property owner within the city 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.
Consider the Motion: Having reviewed and considered the staff report, application materials, public
comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt
the findings presented in the staff report for application 25035 and move to provisionally adopt the
Vaquero Land Swap Zone Map Amendment Ordinance.
Consider the Motion: I Move to Adopt a Resolution Discontinuing, Abandoning, and Vacating the
North South Alley Right-of-Way Adjacent to Lot 8 and Lots 11 through 21 between East Cottonwood
Street and East Peach Street within the 100 Block of the Northern Pacific Addition to Bozeman, City of
Bozeman, Gallatin County, Montana
Consider the Motion: After incorporating the information in the staff report, oral findings made by the
Commission during the public hearing, information contained in the proposed resolution, and after
considering all protests and public comment, I hereby move to adopt the Resolution to change the
name of Elaine Lane to Fly Fisher Run.
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I. FYI / Discussion
J. Adjournment
City Commission meetings are open to all members of the public. If you have a disability that
requires assistance, please contact our ADA Coordinator, David Arnado, at 406.582.3232.
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: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:June 17, 2025
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 June 18, 2025.
UNRESOLVED ISSUES:None
ALTERNATIVES:The City Commission could decide not to approve these claims or a portion
of the claims presented. This alternative is not recommended as it may
result in unbudgeted late fees assessed against the City.
FISCAL EFFECTS:The total amount of the claims to be paid is presented at the bottom of the
Expenditure Approval List posted on the City’s website at
https://www.bozeman.net/departments/finance/purchasing.
Report compiled on: August 21, 2024
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Memorandum
REPORT TO:City Commission
FROM:Cody Flammond, Engineer II
SUBJECT:Authorize the City Manager to Sign a Task Order with Tetra Tech for Fiscal
Year 2026 Operations, Maintenance, and Monitoring at the Story Mill
Landfill
MEETING DATE:June 17, 2025
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign a Task Order with Tetra Tech for Fiscal
Year 2026 Operations, Maintenance, and Monitoring at the Story Mill
Landfill.
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:The purpose of this task order is to allow Tetra Tech to continue operation,
maintenance, and monitoring at the Story Mill Landfill site through June
2026. Scope of services includes operation, monitoring, and maintenance of
the remediation systems; semi-annual groundwater monitoring; quarterly
perimeter methane monitoring; and performance evaluation of the
remediation systems and their effect on adjacent groundwater quality.
Continuing this work allows the City to maintain regulatory compliance and
ensure that the existing remediation systems continue to effectively mitigate
known risks to public and environmental health and safety. This task order
also includes a waste cell cover system survey to evaluate the cover soil
thickness across the unlined and lined cells. This task order will be
implemented under the 2024 professional services agreement .
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by Commission.
FISCAL EFFECTS:The cost of this work will be $250,000. This work has been budgeted in the
amount of $230,900 for FY26. The difference between the project estimated
costs and the budget will be mitigated by implementing cost saving
strategies during the project and a budget amendment will be brought
forward at the end of FY26 if necessary. This work will be paid for using
funds in the Solid Waste Landfill Post-Closure budget for Consultants and
Professional Services (641-5910-448.50-10).
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Attachments:
BLF 2025-2026 Bzn Landfill OM Task Order 03272025
Report compiled on: June 5, 2025
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Tetra Tech
895 Technology Boulevard, Suite 101; Bozeman, MT 59718
Tel 406.582.8780 Fax 406.582.8790 tetratech.com
TASK ORDER
2025 - 2026 OPERATIONS, MAINTENANCE, AND MONITORING BOZEMAN LANDFILL March 27, 2025
CLIENT: CONSULTANT: The City of Bozeman Tetra Tech, Inc.
P.O. Box 1230 895 Technology Blvd, Ste 101 Bozeman, Montana 59711-1230 Bozeman, Montana 59718
Attention: Mr. Cody Flammond Attention: Mr. Shane Matolyak INTRODUCTION
The purpose of this task order is to conduct tasks related to operations and maintenance of the Landfill Gas (LFG) handling system, Soil Vapor Extraction (SVE) system, and Air Injection (AI) system, and environmental monitoring of groundwater, methane, and leachate/condensate at the Bozeman Landfill (a.k.a. Story Mill Landfill). These activities will be conducted between July 1, 2025 and June 30, 2026 and are directed at meeting Montana Department of Environmental Quality (DEQ) Solid Waste rules and the requirements of DEQ’s June 6, 2014 letter requiring the City of Bozeman (COB) to conduct a Corrective Measures Assessment and implement
remedial measures. This task order also covers a geophysical survey of the two landfill waste cells to assess soil cover thickness and the potential need to place additional soil in areas of each cell. SCOPE OF SERVICES This task order includes the following work activities:
• Task 100 – LFG/SVE/AI Systems Operations and Maintenance
• Task 200 – Summer Groundwater Monitoring
• Task 300 – Winter Groundwater Monitoring
• Task 400 – Summer and Winter Groundwater Reporting
• Task 500 – Waste Cell Cover Thickness Survey
• Task 600 – Project Management and Administrative Support The scope of work for these tasks is outlined below.
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Task Order – 2025 to 2026 Groundwater and Methane Monitoring and Assessment Bozeman Landfill, Bozeman, Montana March 27, 2025
Page 2 of 5
TETRA TECH
Task 100: LFG/SVE/AI Systems Operations and Maintenance
This task is to provide operations, maintenance, and monitoring of the LFG/SVE/AI systems. This work includes regular monitoring of the system’s Supervisory Control and Data Acquisition (SCADA) system to ensure proper functioning and to identify and predict potential issues requiring
preventative maintenance. Periodic site visits will also occur to replace consumable items (i.e., air filters, bearing grease), adjust ventilation and heaters in response to changing weather conditions, observe well heads to identify and replace degraded components, and other similar operations
and minor maintenance activities. Qualified subcontractors will complete major routine and unplanned maintenance as needed. Work completed by subcontractors will be billed directly to the COB and is not included in this Task Order however this work will be completed under the supervision of Tetra Tech and Tetra Tech’s labor expenses are included in this task. Other monitoring included in this task consists of quarterly measurements of gas concentrations
and flow rates at individual LFG and SVE wells, AI well flow rates, and perimeter methane monitoring with subsequent reporting to COB and DEQ. Semi-annual monitoring and reporting of the leachate/condensate discharge to the municipal wastewater treatment facility will also be
completed. Task 200: Summer (June and August) Compliance Groundwater Monitoring This task is to complete groundwater monitoring in accordance with the DEQ-approved
Groundwater Sampling and Analysis Plan (SAP), Bozeman Landfill, Gallatin County, Montana prepared by Tetra Tech on July 14, 2023. This plan specifies monitoring of up to 24 locations (i.e., monitoring wells, a seep, and two water supply wells) for volatile organic compounds
(VOCs), chloride, sulfate, nitrogen, and metals. The actual number of monitored locations varies by year as specified in the SAP. Additional samples are collected to assess quality control and quality assurance. This work generally consists of procuring disposable sampling equipment, rental of water quality meters, sample collection, and analytical laboratory analysis. Due to sample volume and equilibration constraints introduced by the DEQ-approved use of passive sampling devices, this work is split between two different events: one occurring in June and the other in August. Task 300: Winter Compliance Groundwater Monitoring
This task is to complete groundwater monitoring in accordance with the 2023 Sampling and Analysis Plan (SAP) during the month of November or December. This work includes monitoring
of 11 locations (i.e., monitoring wells and a seep) for Volatile Organic Compounds (VOCs), chloride, sulfate, and nitrogen. Additional samples are collected to assess quality control and quality assurance.
As for Task 200, this work generally consists of procuring disposable sampling equipment, rental of water quality meters, sample collection, and analytical laboratory analysis.
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Task Order – 2025 to 2026 Groundwater and Methane Monitoring and Assessment Bozeman Landfill, Bozeman, Montana March 27, 2025
Page 3 of 5
TETRA TECH
Task 400: Summer and Winter Groundwater Monitoring Reports
This task includes completion of two annual reports, one for each of the monitoring events completed under Tasks 200 and 300. Each report will include descriptions of the work completed
and any deviation from the methods described in the 2023 SAP. The reports will also include analytical laboratory reports and tabular and graphical depictions of pertinent data, comparison of water quality data to regulatory standards, statistical analysis of constituent detections and trends
in conformance with the U.S. Environmental Protection Agency’s (EPA) 2009 Statistical Analysis of Groundwater Monitoring Data at Resource Conservation and Recovery Act (RCRA) Facilities – Unified Guidance, data validation and interpretation, and recommendations for future work if warranted. Each report will be submitted to COB in draft form for review and editing prior to submittal to DEQ’s Solid Waste Division. Final versions of each report will be provided to COB in an electronic format that is compliant with the Americans with Disabilities Act (ADA) for posting to the COB
website. Only portions of the report produced by Tetra Tech (i.e., typed text and applicable figures and tables) will be converted to meet ADA compliance standards. Handwritten field notes, analytical laboratory reports, and certain other portions of the reports are not possible to be converted by Tetra Tech. Task 500: Waste Cell Cover System Survey This task will include completion of a geophysical survey using ground-penetrating radar or other technology to map cover soil thickness across the unlined and lined waste cells. Observations made during 2016 trenching for LFG system pipe installation indicated that certain areas of the unlined waste cell do not meet the EPA requirement to maintain a 24-inch soil cover above
landfilled waste. However, the specific locations of thin cover soil were not recorded and drill logs for LFG extraction wells show that a minimum of 24 inches of cover soil was present at all well locations. Additionally, a voluntary surface methane emissions scan completed in 2023 determined that methane concentrations exceeding regulatory standards were limited to some extraction well locations and not areas where trenching occurred suggesting that cover thickness does not influence the escape of methane from the landfill. The cover system survey will provide data needed to further assess the performance of the cover system, potentially form a basis for seeking an exemption from EPA’s cover thickness requirement, and/or identify areas where additional cover soil should be applied. Task 600: Project Management, Statistical Analysis, and Reporting
Project management will include monthly administration / invoicing and progress reporting; semiannual budget forecasting and project summaries, updating the project Health and Safety Plan, scheduling of personnel, supplies procurement, and other related activities;
communication with COB and DEQ; data management; and task order preparation for 2026-2027 project activities.
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Task Order – 2025 to 2026 Groundwater and Methane Monitoring and Assessment Bozeman Landfill, Bozeman, Montana March 27, 2025
Page 4 of 5
TETRA TECH
PERIOD OF PERFORMANCE Tetra Tech’s anticipated schedule to complete deliverables associated with the above-described tasks will be the following:
Deliverable Completion Date Quarterly Methane Perimeter Monitoring and Report July 1, 2025 through June 30, 2026
Semi-Annual Discharge Monitoring and Report (Reported to COB Wastewater Treatment Facility Pre- Treatment Coordinator) December 1, 2025 and June 1, 2026 Summer Groundwater Monitoring August 30, 2025 and June 30, 2026 Winter Groundwater Monitoring December 31, 2025
Summer 2025 Groundwater Monitoring Report November 30, 2025 Winter 2025 Groundwater Monitoring Report March 31, 2026 Cover System Geophysical Survey and Report April 30, 2026
Monthly Invoices and Progress Reports July 1, 2025 through June 30, 2026 Semiannual Budget Forecasting and Project Summaries Dec. 15, 2025 and June 30, 2026 COSTS Estimated costs to complete the foregoing scope of services are shown below. Our costs will be on a time and materials basis. A detailed cost estimate can be provided upon request.
Task Description Estimated Cost
Task 100: LFG/SVE/AI Systems Operations and Maintenance $103,000.00
Task 200: Summer (June and August) Compliance Groundwater Monitoring $27,000.00
Task 300: Winter Compliance Groundwater Monitoring $11,000.00
Task 400: Summer and Winter Groundwater Monitoring Reports $37,000.00
Task 500: Cover System Geophysical Survey $30,000.00
Task 600: Project Management, Statistical Analysis, and Reporting $42,000.00
Total $250,000.00
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Task Order – 2025 to 2026 Groundwater and Methane Monitoring and Assessment Bozeman Landfill, Bozeman, Montana March 27, 2025
Page 5 of 5
TETRA TECH
SPECIAL CONDITIONS: Execution of this Task Order constitutes acceptance of all terms and conditions contained in Tetra Tech’s Professional Services Agreement with the City of Bozeman, dated July 31, 2024. CLIENT: CONSULTANT: City of Bozeman Tetra Tech
By: By: Printed Name: Printed Name: Title: Title: Date: Date:
NOTICE OF CONFIDENTIALITY This Task Order (including attachments) contains information confidential to Tetra Tech, Inc., its subsidiaries, and subcontractors. It is intended only for City of Bozeman to consider Tetra Tech providing professional services at the Bozeman Landfill. Any other use is prohibited, without the prior written consent
of Tetra Tech.
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Memorandum
REPORT TO:City Commission
FROM:Brian Heaston, Senior Engineer
Shawn Kohtz, Director of Utilities
SUBJECT:Authorize the City Manager to Sign Task Order 1 of the Professional Services
Master Task Order Agreement with the Firm of HDR Engineering, Inc.
Providing for East Gallatin River Water Quality Sampling and Analysis
MEETING DATE:June 17, 2025
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign Task Order No. 1 of the Professional
Services Master Task Order Agreement with the Firm of HDR Engineering,
Inc. Providing for East Gallatin River Water Quality Sampling and Analysis.
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:HDR Engineering provides professional engineering services on an on-call
basis for the Water Reclamation Facility (WRF) under a master task order
professional services agreement entered into on June 3, 2025. Task Order 1,
attached, provides for engineering services to perform water quality
sampling and analysis for the East Gallatin River.
Water quality data collected under Task Order 1 will be used to support the
City’s discharge permit renewal discussions with Montana DEQ. A large
water quality dataset has been collected for the river by the City since 2014.
The City plans on utilizing these data to derive protective, scientifically
defensible, and achievable nutrient water quality criteria for the East Gallatin
River.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:The negotiated fee for Task Order 1 totals $64,018.50. Funding for this task
order is provided in FY26 through capital improvement plan project WW112
at the amount of $66,200. Adequate budget exists to complete the
negotiated work.
Attachments:
TO 1 - 2025 East Gallatin River Monitoring.pdf
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Report compiled on: June 3, 2025
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WRF Task Order No. 1 1
Exhibit A to Professional Services Agreement TASK ORDER NUMBER 01
Issued under the authority of Professional Services Agreement between the City of Bozeman
and HDR Engineering, Inc. for: A range of professional and technical services related to operations and maintenance of the City of Bozeman Water Reclamation Facility and the East Gallatin River.
This Task Order is dated June 17, 2025 between City of Bozeman (City) and HDR Engineering, Inc. (Contractor). The following representatives have been designated for the work performed under this Task Order:
City: Brian Heaston Contractor: Coralynn Revis SCOPE OF WORK: (attach additional sheet(s) as required) 1. Water quality sampling on the East Gallatin River. See Attachment No. 1. COMPENSATION: The anticipated level of effort for the above Task items are based upon the following manhour projection and expense projection in Attachment No. 2. The anticipated cost for services for the above Task items, to be completed on a Time and Materials Basis not
to exceed without prior authorization, are as follows in Attachment No. 2. Contractor shall be reimbursed on a Time and Materials basis not to exceed the budget amounts presented,
without prior written authorization from the City of Bozeman. Contractor shall notify the City of Bozeman prior to executing additional work, and shall not proceed with additional work without written authorization from the City of Bozeman. Contractor shall invoice no more often than monthly for services provided in the
prior month. The provisions of the Professional Services Master Task Order Agreement and any Special Terms and
Conditions and/or Exhibits or Attachments to this Task Order shall govern the Work. IN WITNESS WHEREOF, the parties authorized to commit resources of the companies have executed this
Task Order: City of Bozeman HDR Engineering, Inc.
By: By: Title: Title:
Date: Date:
Fed. ID. No.
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ATTACHMENT NO. 1 SCOPE OF SERVICES CITY OF BOZEMAN, MONTANA EAST GALLATIN RIVER WATER QUALITY STUDY, 2025
Background
HDR has completed various quality studies of the East Gallatin River intermittently since 2018,
with the last sampling work occurring in 2025. Each year is unique in terms of the river flow,
weather, and nutrient loading in the watershed. Discussions regarding the future of nutrient
regulations in Montana remain ongoing and no timeline currently exists for a resolution. Given
this uncertainty, and the informational value provided by water quality sampling, the City has
requested that HDR conduct sampling in 2025. This scope outlines work to complete this task.
Scope of Services
This scope of services is for the Consultant to assist the Owner through various technical
assistance activities related to watershed water quality. The proposed scope of Consultant
services are identified in the following tasks. Consultant will commence with services upon
written notice to proceed with the selected tasks. Schedule will be determined at the time of
notice to proceed.
Task 100. Project Management
Objective and Approach
Consultant will provide project management activities for this task. Project management and
administrative activities include the following:
• Conduct scheduling, invoicing, work planning, and administrative activities to manage, to the
extent possible, scope, budget, and schedule relative to activities summarized within this
scope of services.
• Conduct quality control reviews for deliverables anticipated under this contract, consistent
with the standard of care for the engineering profession.
• Coordinate with the Owner to address project expectations, scheduling, budget, progress,
and coordination topics related to work being conducted as part of this contract.
Assumptions
• If the scope changes during the life of the project, modification to the original contract
agreement will be required per the terms and conditions of the agreement.
• Quality control reviews of work activities and project deliverables are included in each task.
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• Invoice format will follow standard format by the Consultant.
• Direct expenses for travel, printing, photocopying, and telephone conferences will be billed
to Owner.
Deliverables
• Monthly invoices.
Task 200. Study Preparation
Objective and Approach
A sampling and analysis plan (SAP) will be written for the 2025 water quality study. The SAP
will be submitted to Montana DEQ for review and approval. Commencement of field work will
occur after DEQ approval of the SAP. The planned sampling matrix, for purposes of estimating
labor and equipment costs, is included in Appendix A. Landowner permission will be requested
for site access where applicable. Energy Laboratories and Rhithron Associates will provide all
analytical laboratory services. The analytical methods, reporting limits, preservation methods,
and hold times identified in the SAP will be provided to the laboratories to confirm compliance.
Assumptions
• The SAP will follow the preliminary sampling matrix in Appendix A.
• The SAP update will not require major revisions after the submittal to the DEQ.
• Landowner permission can be obtained for accessing relevant sites where there is no other
means of public access. If landowner permission cannot be obtained, the SAP will be
modified by addendum to reflect the monitoring sites for which data will be collected.
Deliverables
• 2025 SAP, provided electronically.
Task 300. Field Sampling Work
Objective and Approach
This task includes the labor and expenses for completing sampling on the East Gallatin as
outlined in the 2025 SAP. One week of field work will be conducted in August to collect the
information identified in the SAP. Two rental sondes will be deployed for one month to collect
continuous water quality data. Sondes will be retrieved at the end of their monthlong
deployment.
Assumptions
• Two field staff will be deployed for the monitoring event.
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• Monitoring will be limited to the sites and parameters formally documented in the 2025 SAP
and limited to the sampling program identified in Appendix A.
• The City of Bozeman will provide the sonde deployment housing.
• Laboratory quotes will not increase. Increases in laboratory fees will result in an
amendment.
Deliverables
• Electronic copies of the laboratory reports if requested.
Task 400. Data Analysis & Entry to MT-eWQX
Database
Objective and Approach
HDR will summarize the data collected in 2025 in a data summary report (DSR). The data will
be verified by comparing the primary data to quality control results. The primary data will be
qualified per the methods from the SAP. The DSR will present the qualified data in tables and
graphs. Any variances from the SAP will be discussed. Data quality will be discussed. Electronic
copies of the field forms, field notes, chain of custody forms, and laboratory reports will be
appended to the DSR. HDR will enter all data meeting quality control requirements into the
Montana EQuIS water quality exchange (MT-eWQX) database.
Assumptions
• No meetings with DEQ are included.
• The DSR will not need to be updated based on DEQ comments.
Deliverables
• Report the monitoring results in a DSR, provided electronically.
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Site Site Description TSS VSS TN TP Ortho Phosphorous Nitrate + Nitrate as N Total Ammonia as N Alkalinity Metals CBOD5 + CBOD20 TOC Benthic Chl a + AFDW Phytoplankton Chl a + AFDW Benthic Macroinvertebrates One Month Sonde Deployment Field Flow Measurement FB Field Blank X X X X X X X X X X X FD Field Duplicate X X X X X X X X X X X X X X X
EGALRA
Site A, ~1.7 miles downstream of the Bridger Creek confluence
X X X X X X X X X X X X X X X X
EGALRB
Site B, ~0.3 stream miles upstream of Bozeman WRF outfall, Riverside Country Club
X X X X X X X X X X X X X X X
EGWRF1 d/s outfall X X X X X X X X X X X X X X X
EGALRC
Site C, 0.9 stream miles downstream of the Bozeman WRF outfall, Below City of Bozeman WRF
X X X X X X X X X X X X X X X X
EGALRD
Site D, ~0.3 stream miles downstream of the Riverside Water & Sewer District ponds
X X X X X X X X X X X X X X X
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Site Site Description TSS VSS TN TP Ortho Phosphorous Nitrate + Nitrate as N Total Ammonia as N Alkalinity Metals CBOD5 + CBOD20 TOC Benthic Chl a + AFDW Phytoplankton Chl a + AFDW Benthic Macroinvertebrates One Month Sonde Deployment Field Flow Measurement EGALRF Site F, Lower third of river reach, Shiffman Property X X X X X X X X X X X X X X X
EGALRG Site G, Upstream of confluence with Hyalite Creek X X X X X X X X X X X X X X X
BOZWRF BOZWRF, City of Bozeman WRF Outfall X X X X X X X X X X X
HYLACRK Confluence of Hyalite Creek X X X X X X X X X X X X
AG1 Agriculture Return
1, Location 2024 X X X X X X X X X X X X
AG2 Agriculture Return 2, Location 2024 X X X X X X X X X X X X
AG3 Agriculture Return 3, Location 2024 X X X X X X X X X X X X
EGALR US1 Upstream of Point A, before Bridger Creek X X X X X X X X X X X X
EGALR US2 Upstream of Point A, before Bozeman Creek X X X X X X X X X X X X
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Fee Estimate as of 05/08/2025
Client: City of Bozeman WRF
Project: East Gallatin Water Quality Sampling
Summary of Hours
Project Manager 6.00
QA/QC 9.00
Engineer Sanitary 82.00
EIT Sanitary 144.00
Engineer Sanitary Sr 2.00
Project Accountant 2 10.00
Administrative Assistant 2.00
Total Hours 255.00
Total HDR Labor $37,876.00
Total Expense $4,237.50
Total Lab Fees $21,905.00
Total Fee $64,018.50
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Memorandum
REPORT TO:City Commission
FROM:Ellie Staley, Executive Director Downtown Bozeman Partnership
SUBJECT:Authorize the City Manager to approve a Second Amendment to the
Construction Agreement with Constructive Solutions Incorporated for the
Downtown Alley Enhancement Project
MEETING DATE:June 17, 2025
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:I move to Authorize the City Manager to sign a Second Amendment to the
Construction Agreement with Constructive Solutions Incorporated for the
Downtown Alley Enhancement Project.
STRATEGIC PLAN:4.4 Vibrant Downtown, Districts & Centers: Promote a healthy, vibrant
Downtown, Midtown, and other commercial districts and neighborhood
centers – including higher densities and intensification of use in these key
areas.
BACKGROUND:
This Alley Enhancement Project is a continuation of a The Downtown
Bozeman Improvement Plan (2019) which, like the plans before it, envisions
enlivening the downtown alleyways: “Signage, lighting, murals and art, and
landscape can all co-exist with the important functional elements of the
alleys, like service and loading, while adding vitality and identity to these
unique spaces. The alleys are also prime spaces for experimentation, almost
“hidden” gems that need to be discovered.”
In 2020, the Downtown Business Partnership (DBP) completed a conceptual
study to review several existing alleyways in downtown Bozeman and
explore ideas to improve the functionality, pedestrian access, aesthetics, and
vibrancy of these valuable public spaces. This study was used to produce
drawings for this alley to serve as a pilot project.
This Second Amendment to the Construction Agreement will remove the
sculptures from the original project contract due to the inability to complete
the work needed. The contract will be paid less $30,000, which is the total
cost of the sculptures that will not be installed.
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UNRESOLVED ISSUES:No unresolved issues.
ALTERNATIVES:Alternatives as proposed by the Commission.
FISCAL EFFECTS:Contract to be paid $30,000 less than original contracted amount.
Attachments:
PSA 2nd Amendment-CSI_Alley.pdf
Report compiled on: June 5, 2025
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SECOND Amendment to Professional Services Agreement for the Downtown Bozeman Alley Enhancement Pilot Project FY 2024 – FY 2025 Page 1 of 3
SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT
FOR the Downtown Bozeman Alley Enhancement Pilot Project dated February 13th, 2024 (the
“Agreement”) is made and entered into this 17th Day of June, 2025, 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
Constructive Solutions Inc., hereinafter referred to as “Contractor.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement
as follows:
1. Work to be performed. The work to be performed will be amended upon adoption of this
agreement to remove the sculptures and sculpture installation.
2. Scope of Work. The scope of work is amended to reflect the removal of the sculptures.
3. Cost. The total cost of the project will be reduced by $30,000 to reflect the removal of the
sculptures.
4. Term/Effective Date. This amended agreement is effective upon adoption and will expire
on the 30th of June 2025, unless earlier terminated in accordance with the agreement.
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.
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SECOND Amendment to Professional Services Agreement for the Downtown Bozeman Alley Enhancement Pilot Project FY 2024 – FY 2025 Page 2 of 3
5. Agreement still valid. All remaining terms and provisions of the Agreement remain valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
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SECOND Amendment to Professional Services Agreement for the Downtown Bozeman Alley Enhancement Pilot Project FY 2024 – FY 2025 Page 3 of 3
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA CONSTRUCTIVE SOLUTIONS INC.
By________________________________ By_____________________________
Chuck Winn, City Manager Print Name:
Title:
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
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Memorandum
REPORT TO:City Commission
FROM:Amanda Genzlinger, Accountant
Melissa Hodnett, Finacial Director
SUBJECT:Resolution Confirming the Issuance of Warrants in Connection with Special
Improvement District 778 for Local Improvements to Bogert Place
MEETING DATE:June 17, 2025
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:I move to approve the resolution confirming the issuance of warrants in
connection with Special Improvement District No. 778 for local
improvements to Bogert Place
STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable
sources of funding for appropriate City services, and deliver them in a lean
and efficient manner.
BACKGROUND:On February 7, 2023, the City Commission adopted Resolution 5465, creating
Special Improvement District 778 for the purpose of undertaking certain
local improvements in and about Bogert Place between South Church
Avenue and East Story Street, financing the costs thereof and incidental
thereto through the issuance of municipal warrants. Adoption of this
Resolution will levy the assessment upon all benefited properties located
within the District, using as a basis of assessment the lot frontage method.
The assessments collected from the District property owners will be used to
make the warrant payments. An interfund loan has a number of benefits,
including a lower interest rate for the District property owners, and
avoidance of the costs and time-consuming work of underwriting a bond
sale.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the Commission.
FISCAL EFFECTS:The actual cost of said improvements to be assessed against the properties
within SID 778 amounts to $167,064.18 and is to be paid over twenty years.
Attachments:
Resolution_SID778_Warrant Authorization.pdf
Report compiled on: April 22, 2025
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COMMISSION RESOLUTION NO.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 778; AUTHORIZING INTERFUND LOAN AND CITY WARRANTS IN CONNECTION WITH FINANCING COSTS OF CERTAIN LOCAL IMPROVEMENTS TO BOGERT PLACE BETWEEN SOUTH CHURCH AVENUE AND EAST STORY STREET.
WHEREAS, on the 7th day of February, 2023, the City Commission (the “Commission”) of the City of Bozeman, Montana (the “City”) adopted Commission Resolution No. 5465 (the “Resolution of Intention”), stating its intent to create Special Improvement District No. 778 (the “District”) to finance
the costs of various improvements within the District as described therein (the “Improvements”); and
WHEREAS, as set forth in the Resolution of Intention, the Commission committed other Street Maintenance District funds to the costs of the project; and
WHEREAS, on February 12th and February 19th, 2023, the City Clerk did publish a Notice of Passage of the Resolution of Intent to Create SID No. 778 in accordance with Sect. 7-12-4106, MCA, and mailed said notice to each person, firm, or corporation or the agent of the person, firm or corporation having real property within the proposed District; and
WHEREAS, the Bozeman City Commission conducted a public hearing on protests submitted to the creation of the District on March 7, 2023 and did pass on all such protests having found the written
protests not sufficient to bar the Commission from proceeding with creation of the District; and WHEREAS, the Bozeman City Commission on June 17, 2025 adopted this Resolution authorizing the transfer of excess monies of the Special Improvement District Revolving Fund (the “Revolving Fund”)
to the SID 778 Bogert Place Special Assessment Fund to purchase warrant (the “Warrant”) to make funds available to finance the District’s share of the costs of the Improvements including the Incidental Costs (“District’s Share of Improvements”), such Warrants to be held by the SID 778 Bogert Place Special Assessment Fund and drawn against the Special Improvement District Revolving Fund; and
WHEREAS, the Resolution of Intention and Resolution of Creation contemplate that special assessments levied against benefited properties in the District will repay the City’s Special
Improvement District Revolving Fund for the District’s Share of the Improvements plus Incidental Costs in connection with the Improvements.
WHEREAS, the City Finance Director has notified the City Clerk, pursuant to Section 7-6-4603, that the designated amounts have been invested; and
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WHEREAS, the City Commission desires to authorize, ratify, and confirm the interfund loan and sale of
warrants for the purpose of purchasing said Improvements from the SID 778 Bogert Place Special Assessment Fund.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana, as follows:
Section 1
Construction Funds, Accounts, and Amounts. In anticipation of the receipt of special assessments
levied against the benefitted properties in the District, the Street Reconstruction Fund of the City paid
a total of $167,064.18 to pay the District’s Share of Improvements. The SID 778 Bogert Place Special
Assessment Fund will transfer to the Street Reconstruction Fund $167,064.18 to reimburse the City for
the District’s Share of the Improvements.
Section 2
Special Assessments and SID Account. In accordance with the Resolution of Intent, the City
determined to charge interest on the principal amount of the special assessments at the rate of 3.5%
per annum for a period of twenty years in accordance with §7-12-4189, MCA. The City created the
Special Assessment Fund for deposit of special assessments levied by the City and paid by the
owners of benefitted properties in the District. Levies of special assessments, using the lot frontage
method of assessment, are levied against the benefitted properties in the District such that the special
assessments come due on May 31and November 30 of each fiscal year, with the initial installment of
special assessments becoming due November 30, 2025, and the final installment coming due on May
31, 2045.
Section 3
Repayment of Special Improvement District Revolving Fund. The Commission confirms the
obligation of the District to repay from amounts on hand in such account from receipts of special
assessments amounts loaned by the Special Improvement District Revolving Fund to pay costs of the
Improvements, together with interest thereon. The Commission authorizes the issuance by the City
of serial warrants evidencing the right of the Special Improvement District Revolving Fund to
repayments for amounts lent to finance costs of the Improvements and to be repaid by special
assessment receipts deposited in the SID 778 Bogert Place Special Assessment Fund. The serial
warrants also evidence an investment of the City of monies in the Special Improvement District
Revolving Fund, with such investment being made from amounts the City has under its control in
the Special Improvement District Revolving Fund and for which there is not immediate demand.
Such warrants are 20 in number, and are due and owing annually on June 30th, commencing June
30, 2026 and concluding June 30, 2045. The obligation of the SID 778 Bogert Place Special
Assessment Fund to repay the Special Improvement District Revolving Fund is further evidenced by
a Memorandum of Interfund Loan in substantially the form attached hereto as Exhibit A, which
includes an exhibit thereto setting forth the form of City warrants.
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Section 4
Compliance with Montana Law. Section 7-12-4201, MCA, provides that all costs and expenses
incurred in any special improvement district in the acquisition or construction of any improvement
specified in Title 7, chpt. 12, part 41, MCA, shall be paid from special improvement district bonds or
warrants. The warrants substantially in the form attached hereto as Schedule 2 to Exhibit A are
drawn against the advances made by the Special Improvement District Revolving Fund to the SID 778
Bogert Place Special Assessment Fund and the corresponding transfer made from such fund to pay
costs and expenses of the Improvements in the Street Reconstruction Fund. In accordance with
Section 7-12-4203 through 7-12-4206, MCA, the Commission finds that the terms of the Interfund
Loan described above, given due consideration to the range of financing options available to the
City, the fixed interest rate of 3.5% on such loan for a term of twenty years results in the lowest
possible level of special assessments against benefited properties in the District and therefore the
most affordable financing alternative for the owners of such properties as the City could not
reasonably obtain financing for costs of the Improvements from third-party sources at a lower fixed
interest rate for a term of twenty years. In particular, the City finds the fixed interest rate on the
warrants of 3.5% per annum satisfies the “highest and best bidder” standard set forth in Section 7-12-
4204, MCA. This Commission determines that it has funds under its control in the Special
Improvement District Revolving Fund for which there is no immediate demand and that in the
judgment of the Commission it would be advantageous to invest such amount in warrants of the City.
Accordingly, the Commission determines to invest $167,064.18 of funds in the Special Improvement
District Revolving Fund in the purchase of warrants issued by the SID to be held by the SID 778
Bogert Place Special Assessment Fund of the City, with the acquisition of such warrants being
evidenced by transfers of funds from the SID 778 Bogert Place Special Assessment Fund to the
Street Reconstruction Fund to pay costs of the Improvements in anticipation of the receipt of special
assessments in the SID 778 Bogert Place Special Assessment Fund to repay such warrants together
with interest thereon. Special assessments levied by the City under Title 7, Chapter 2, Part 41, MCA
to repay the warrants create a priority lien against each benefited property in the District in favor of
the city for the repayment of the warrants that may be enforced and foreclosed in the manner
provided by law to repay the warrants.
Section 5
Details Regarding Warrants. The total aggregate principal amount of the warrants acquired by the
SID 778 Bogert Place Special Assessment Fund of the City is $167,064.18, to consist of twenty (20)
separate warrants payable annually on June 30th, with interest commencing on the date of making the
Interfund Loan by transferring $167,064.18 of funds in the Special Improvement District Revolving
Fund to the SID 778 Bogert Place Special Assessment Fund, such date also being the date of
registration of the warrants per 7-12-4203(1)(a)) with the first warrant due on June 30, 2026 and the
last warrant due on June 30, 2045. Each warrant bears interest on the amount outstanding at the rate of
3.5% from the date of issue thereof until its payment date as set forth on the face of each warrant,
resulting in a total interest payment of $68,032.13 over the twenty-year term. The warrants shall be
registered in the offices of City Clerk and the City Treasurer and the determination of the City
Treasurer to purchase the warrants from amounts in the SID 778 Special Assessment Fund, with such
purchase being evidenced by the transfer of funds from the Special Improvement District Revolving
Fund to the SID 778 Special Assessment Fund and subsequent transfers from the SID 778 Special 30
Assessment Fund to pay costs and expenses of the Improvements in the Street Reconstruction Fund, is
hereby authorized. The warrants shall bear the signatures of the Mayor and City Clerk. The City
Treasurer has notified the City Clerk to draw the warrants in substantially the form attached hereto as
Schedule 2 to Exhibit A.
Section 6
Effect of Resolution. The Commission hereby confirms the Street Reconstruction Fund, which shall
hold the warrants, is entitled to repayment, with interest, of the amounts made available for the
Improvements, and that the Warrants constitute an investment by the City of available amounts in the
Street Reconstruction Fund.
PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the day of , 2025.
ATTEST:
Terry Cunningham Mayor
Mike Maas City Clerk
APPROVED AS TO FORM:
GREG SULLIVAN City Attorney
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A-1
EXHIBIT A
MEMORANDUM OF INTERFUND LOAN
The City of Bozeman, Montana (the “City”) hereby acknowledges and confirms the terms of an
interfund loan (the “Loan”) by the Special Improvement District Revolving Fund of the City to
pay the costs of certain Improvements (described below) and the obligation of the SID 778
Bogert Place Special Improvement District Fund (the “Special Improvement District Fund”) to
repay the Loan from the special assessments levied against certain benefitted properties in
connection with improvements to Bogert Place between South Church Avenue and East Story
Street (the “Improvements”) to be undertaken pursuant to the creation of Special Improvement
District (“SID”) No. 778 (the “District”).
Background:
A. The City, by Resolution No. 5464, adopted by the City Commission (the “Commission”) on
February 7, 2023 (the “Resolution of Intention”) sought to create the District for the purpose
of financing costs of the Improvements in anticipation of the receipt of special assessments
levied against benefited properties in the District to repay the Loan to be made by the
Special Improvement District Revolving Fund to finance the District’s share of the
estimated costs of the Improvements of $167,064.18 as stated in Resolution No. 5464.
B. The City duly mailed and caused to be published a notice of passage of the Resolution of
Intention and afforded owners of the benefited properties the opportunity to protest the
creation of the District in accordance with Montana law. The owners of two parcels within
the District boundaries, representing 5.75% of the total costs of the Improvements, protested
the creation of SID 778.
C. Following a public hearing and finding that insufficient protests by owners of benefited
properties were timely made, the Commission, on March 7, 2023, adopted Resolution No.
5465 creating SID 778.
D. The City intends to levy special assessments to give rise to funds to repay the Loan and
desires to acknowledge and set forth certain details with regard to the Loan, including the
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A-2
issuance by the City of certain warrants held by the SID 778 Bogert Place Special Assessment
Fund to evidence the obligation of the Special Assessment Fund to repay the Loan.
NOW, THEREFORE, the City hereby declares as follows:
1. Terms of Interfund Loan. The City hereby authorizes the making of the Loan
effective as of April 1, 2025 (the “Transfer Date”) of $167,064.18 from the Special
Improvement District Revolving Fund to the SID 778 Bogert Place Special Assessment Fund
from available amounts in the Special Improvement District Revolving Fund, the terms of the
Loan, and the obligation of the SID 778 Bogert Place Special Improvement District Fund to
repay the Loan from available amounts deposited in the SID 778 Bogert Place Special
Improvement District Fund from collections of special assessments levied against benefited
properties in the District. In accordance with Resolutions 5464 and 5465, the total principal
amount of the Loan is $167,064.18, the interest rate on the principal outstanding under the Loan
is 3.5% per annum, the term of the Loan is approximately twenty years commencing on the
Transfer Date and concluding June 30, 2045, and the Loan is payable in twenty (20) annual
installments of principal and interest, with each installment in an equal amount (except that the
initial installment may be in a different amount), as evidenced by the amortization schedule
attached hereto as Schedule 1.
2. Obligation to Make Repayments. The City will levy special assessments against the
benefited property in the District in accordance with Resolutions 5464 and 5465. Special
assessments when received by the City must be deposited in the SID 778 Bogert Place Special
Assessment Fund on or before June 30th, to make installment payments on the Loan to the
Special Improvement District Revolving Fund, commencing June 30, 2026 and concluding
June 30, 2045.
3. Right to Receive Payments. To evidence the Loan and a City investment of available
funds, the SID 778 Bogert Place Special Improvement District Fund will hold serial warrants,
with each warrant corresponding to each of the annual payments. Such warrants, which are to
be issued in accordance with Section 7-12-4204, MCA, (the City having found that the fixed
interest rate of 3.5% per annum for 20 years makes the City the “highest and best bidder”) are
registered in the offices of the City Treasurer and the City Clerk, drawn in accordance with the
instructions of the City Treasurer, and outstanding until canceled upon receipt of the applicable
installment payment from the Special Assessment Fund. The warrants are in substantially the
form of the attached Schedule 2. Special assessments levied by the City under Title 7, Chapter
12, Part 41, MCA, to repay the warrants create a priority lien against each benefited property in
the District in favor of the City
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A-3
for the repayment of the warrants that may be enforced and foreclosed in the manner provided by
law to repay the warrants.
4. Details of Payments. Payments from the SID 778 Bogert Place Special
Improvement District Fund to the Special Improvement District Revolving in satisfaction of each
warrant are to be made solely from the collection of special assessments levied against benefited
properties in the District. Each warrant may be prepaid if the City so elects from available
amounts in the SID 778 Bogert Place Special Improvement District Fund, or, to maintain a level
repayment schedule, the City may elect to hold amounts in the SID 778 Bogert Place Special
Improvement District Fund to make payments as scheduled by each warrant. The amounts
repaid to the Special Improvement District Revolving Fund in satisfaction of the Loan may be
used by the City in any manner allowed by law.
5. Limited Obligation. The Loan and the warrants that evidence the Loan are made
pursuant to or in compliance with Resolution 5464, Resolution 5465, Section 7-6-4603, MCA,
Section 7-12-4201, MCA, and Sections 7-12-4203 through 7-12-4206, MCA. The Loan is a
limited obligation payable only from payments of special assessments deposited in the SID 778
Bogert Place Special Improvement District Fund and the Loan and interest thereon shall not be a
Special Improvement District Revolving Fund obligation of the City and the City shall have no
obligation to pay principal of or interest on the Loan which may remain unpaid after an
installment payment date except from available amounts in the SID 778 Bogert Place Special
Improvement District Fund. If amounts are not available in the SID 778 Bogert Place Special
Improvement District Fund to pay a warrant as of its maturity date, amounts will first be applied
to pay interest and then principal, as further described in the form of the warrant.
6. Interpretation. This Memorandum of Interfund Loan memorializes the City’s
intention with regard to financing the costs of the Improvements and shall be read liberally to
comport with and to ratify and confirm all prior resolutions, acts, and undertakings of the City,
and all applicable laws of the State of Montana in connection therewith.
IN WITNESS WHEREOF, this Memorandum of Interfund Loan is made by the City to confirm
and authorize all matters within its scope as and when such matters arose, including the Loan
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A-4
effective as of the date of the Transfer Date, and to govern matters within its scope that may in
the future arise.
Dated this 17th day of June, 2025.
Chuck Winn
City Manager ATTEST:
Mike Maas City Clerk
APPROVED AS TO FORM:
GREG SULLIVAN
City Attorney
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SCHEDULE 1
Amortization Schedule:
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SCHEDULE 2
Warrant No.1: Due June 30, 2026
SPECIAL IMPROVEMENT DISTRICT NO. 778
Issued by the City of Bozeman, Montana in Connection with SID 778 and Held by the Special
Improvement District Revolving Fund
The City Treasurer of the City of Bozeman, Montana (the “City”), agrees to pay to the Special
Improvement District Revolving Fund the sum of $167,064.18, as authorized by Resolution Nos. 5464
and 5465 adopted on February 7, 2023 and March 7, 2023, respectively, in repayment of the total amount
advanced by the SID 778 Bogert Place Special Improvement District Fund to the Street Reconstruction
Fund for paying the costs of certain improvements to Bogert Place as described in Resolution No. 5464,
with interest thereon at the rate of 3.5% per annum, as authorized in said resolutions, and all laws,
resolutions and ordinances relating thereto, but only from amounts then available in the SID 778 Bogert
Place Special Improvement District Fund (the “Special Improvement District Fund”). This warrant does
not constitute a pledge of the SID 778 Bogert Place Special Improvement District credit of the City nor
does it create a SID 778 Bogert Place Special Improvement District liability against the City.
This warrant is drawn in accordance with that certain Memorandum of Interfund Loan, dated June 17, 2025,
by the City, in connection with the Loan described therein effective as of June 30, 2025, is issued by the City
pursuant to Section 7-6-4603, MCA., and represents one of twenty (20) sequentially numbered warrants,
payable the 30th day of June of each year, commencing on June 30, 2026 and ending June 30, 2045. This
warrant represents the total amount of principal and accrued interest, as reflected on the applicable Payment
Date shown on the attached Exhibit A,
This warrant is payable upon presentment to the City Treasurer, on its redemption date, only from amounts
available in the SID 778 Bogert Place Special Improvement District Fund, which is funded by the collection of special assessments levied against the benefited property within the District, as described in the resolutions
referred to above. This warrant is redeemable at the option of the City at any time there are funds to the
credit of said Special Improvement District Fund for the redemption thereof, and in the manner provided
for the redemption of the same, and, if sufficient funds are then available in the Special Improvement District Fund, may be prepaid in the discretion of the City. If this warrant is timely paid in full, it will be marked
canceled by the City Treasurer and then filed with the City Clerk.
In the event that there are insufficient funds in the SID 778 Bogert Place Special Improvement District Fund to pay and redeem this warrant upon its maturity and presentation, interest shall first be paid. This warrant
shall continue to accrue interest on a pro-rata basis with other warrants then outstanding at the rate of 3.5 %
from the date of matured presentation until the actual date of redemption. If funds are not available in the
Special Improvement District Fund to pay and redeem this warrant, the City shall have no obligation to pay and redeem this warrant; provided that the City shall have all rights to enforce the repayment of special
assessments and the lien created thereby against benefited properties in the District to repay this warrant.
It is hereby certified and recited, that all things required to be done precedent to the issuance of this warrant
have been properly done, happened and been performed in the manner prescribed by the laws of the State
of Montana and the resolutions and ordinances of the City related to the issuance hereof.
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NOTICE: The City exercises its preference right to purchase this warrant. Registration Date of this
Warrant: June 17, 2025.
Terry Cunningham Mayor
Registered at the offices of the City Treasurer and City Clerk of the City of Bozeman, Montana effective
as of this June 17, 2025.
City Finance Director City Clerk
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Memorandum
REPORT TO:City Commission
FROM:Amanda Genzlinger, Accountant
Melissa Hodnett, Finance Director
SUBJECT:Resolution Levying a Special Assessment for Special Improvement District
(SID) 778
MEETING DATE:June 17, 2025
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Consider the Motion: I move to adopt Resolution
STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable
sources of funding for appropriate City services, and deliver them in a lean
and efficient manner.
BACKGROUND:On February 7, 2023, the City Commission adopted Resolution 5465, creating
Special Improvement District 778 for the purpose of undertaking certain
local improvements in and about Bogert Place between South Church
Avenue and East Story Street, financing the costs thereof and incidental
thereto through the issuance of municipal warrants. Adoption of this
Resolution will levy the assessment upon all benefited properties located
within the District, using as a basis of assessment the lot frontage method.
This action requires a public hearing. Notice of this hearing, at which
objections to the adoption of this Resolution will be heard, was published
and mailed to the owners of property within the District in accordance with
7-12-4177, Montana Code Annotated.
UNRESOLVED ISSUES:None.
ALTERNATIVES:If the levy of the special assessment was not approved a budget amendment
would be required to fund the $781,129.98 with an alternate funding
source.
FISCAL EFFECTS:The actual cost of said improvements to be assessed against the properties
within SID 778 amounts to $167,064.18 and is to be paid over twenty years.
Attachments:
Final Exhibit A.pdf
RES_SID_778_Levy_of_Special_Assessment.docx
Report compiled on: April 22, 2025
39
40
EXHIBIT AProperty Address Property Owner 1 Property Owner 2 Property Owner 3 Mailing Address City Zip Code State Bogert Pl Frontage (lf) SID Assessment411 S Church Ave Sinnay, KennethPO Box 42 Bozeman 59771 MT15020,700.00$ 418 Bogert Pl Williams, Natalie EPO Box 7324 Bozeman 59771 MT63.368,743.68$ 412 Bogert Pl McCallum, Bruce D McCallum, Mary L412 Bogert Pl Bozeman 59715 MT7310,074.00$ 406 Bogert Pl McCallum, William L McCallum, Mariah A McCallum, Matthew B 406 Bogert Pl Bozeman 59715 MT19026,220.00$ 405 E Story St Kinsey, Margaret L405 E Story St Bozeman 59715 MT9513,110.00$ Bogert Park City of Bozeman20 E Olive Street Bozeman 59771 MT422.558,305.00$ Bozeman Creek City of Bozeman20 E Olive Street Bozeman 59771 MT 216.7529,911.50$ Total Accessable Frontage1210.61Assessment/LF138.00$ Total Assessment 167,064.18$ 41
Version February 2023
Page 1 of 3
RESOLUTION
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
LEVYING A SPECIAL ASSESSMENT UPON ALL PROPERTY SITUATED WITHIN SPECIAL
IMPROVEMENT DISTRICT NO. 778 IN THE TOTAL AMOUNT OF $167,064.18 TO DEFRAY THE
COST OF MAKING THE IMPROVEMENTS IN SAID SPECIAL IMPROVEMENT DISTRICT PURSUANT
TO RESOLUTION NUMBER 5465 CREATING THE DISTRICT.
WHEREAS,the City Commission of the City of Bozeman, Montana did create Special
Improvement District 778 (the “District”) and thereby ordered and directed to finance the costs
of various improvements within the District improvements as specified in Resolution No. 5465
(the “Improvements”); and
WHEREAS,the actual cost of said Improvements to be assessed against the properties
within the District amounts to the sum of $167,064.18 is to be paid over a period of twenty (20)
years by property located within the District; and
WHEREAS, the Bozeman City Commission on June 3, 2025 adopted a Resolution
authorizing an Interfund Loan through the transfer of excess monies of the Special Improvement
District Revolving Fund (the “Revolving Fund”) to the Street Reconstruction Fund to purchase
warrants (the “Warrants”) to make funds available to finance the District’s share of the costs of
the Improvements including the Incidental Costs (“District’s Share of Improvements”), such
Warrants to be held by the Street Reconstruction Fund and drawn against the SID 778 Bogert
Place Special Assessment Fund (the “Special Assessment Fund”); and
WHEREAS, in accordance with MCA 7-12-4176 through 7-12-4179, and MCA 7-12-4183,
the properties located in the District are to be assessed bi-annually to defray the District’s Share
of Improvements; each lot, tract, piece, or parcel of land to be assessed for its proportionate
share of the whole of the District’s Share of the Improvements based on the formula set forth in
the resolution of intent to create the District; and
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Version February 2023
Page 2 of 3
WHEREAS, the City Clerk published notice of resolution for levy and assessment in the
Bozeman Daily Chronicle on May 31, 2025 and June 7, 2025 and sent mail notices to the owners
of each lot, tract, piece,or parcel of land to be assessed in accordance with 7-12-4177, MCA; and
WHEREAS, the City Commission conducted a public hearing on the resolution for levy and
assessment on June 3, 2025 in accordance with 7-12-4178, MCA.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana as follows:
Section 1
To defray the costs and expense of making said improvements in the District, the City of
Bozeman hereby levies and assesses a tax upon all property situated within the District in the
respective amounts listed on Exhibit A attached, which is hereby incorporated herein and made
a part hereof. The special assessments for the costs of the Improvements shall be levied and
assessed in accordance withthe method of assessments referred to in the resolution of intention.
Such assessments shall be payable over a term not exceeding twenty (20) years, each in
substantially equal semiannual payments of principal and interest. The special assessments shall
bear interest from the Interfund Loan authorized in the Warrant Authorization Resolution until
paid at an annual rate of 3.5%. Property owners shall have the right to prepay the special
assessments as provided by law.
Section 2
The Commission hereby ratifies and confirms that the assessment of costs of the specific
Improvements against the property benefitted thereby as prescribed by the resolution of
intention is equitable and in proportion to and not exceeding the special benefits derived from
the Improvements by the parcel to be assessed therefor within the District, and the special
assessments authorized by this resolution are in accordance with the methods and do not exceed
the amounts prescribed by the resolution of intention.
Section 3
The assessments for the District which are listed in the City Treasurer’s assessment book
are due and payable to the City Treasurer of the City of Bozeman and will become delinquent at
5pm on November 30th and May 31st of each year until they are paid in full.
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Version February 2023
Page 3 of 3
Section 4
This resolution shall be kept on file in the office of the City Clerk and shall be open to
public inspection.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the _____ day of ___________________, 20____.
___________________________________
TERRY CUNNINGHAM
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
44
Memorandum
REPORT TO:City Commission
FROM:Tom Rogers, Senior Planner
Chris Saunders, Community Development Manager
Erin George, Director of Community Development
SUBJECT:Provisional Adoption of a Zone Map Amendment Requesting Modifying the
Zoning Map from PLI to R-3 on 1.37 Acres Plus the Adjacent Right of Way,
the Vaquero Land Swap Zone Map Amendment, Application 25035
MEETING DATE:June 17, 2025
AGENDA ITEM TYPE:Community Development - Legislative
RECOMMENDATION:Consider the Motion: Having reviewed and considered the staff report,
application materials, public comment, recommendation of the Zoning
Commission, and all information presented, I hereby adopt the findings
presented in the staff report for application 25035 and move to provisionally
adopt the Vaquero Land Swap Zone Map Amendment Ordinance.
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:Application to rezone a portion of a private property totaling 1.37 acres, plus
adjacent right-of-way, from PLI to R-3 to accommodate proposed residential
development. The subject property is adjacent to the Gallatin County
Regional Park. The area was originally annexed in 2001 as the Baxter
Meadows Annexation by Resolution No. 3487. The property owner
performed a land swap with the County through the Gallatin County
Commission to acquire additional land to accommodate their development
proposal. The land swap did not go through city review as the city was not an
affected landowner. However, the city did review and preliminarily review
the subdivision plat for the property.
The area of the land swap is zoned PLI and does not allow residential
development as a permitted use. Therefore, the property owner seeks to re-
zone this area to allow the development to commence. As noted in the
application narrative, the subject property has undergone preliminary plat
review, see the Park View Crossings Application No. 21158. The application
proposed the subdivision of 7 acres of land into 44 residential lots consisting
of: 9 fourplex townhouse lots. 2 triplex townhouse lots, and 1 duplex
townhouse lot, plus 2 open space (mid-block crossing) lots, 1 common area
45
drainage lot, and streets and rights-of-way (ROW). The Applicant would
provide a shared-use pathway along its Vaquero Parkway frontage within
the ROW as partial fulfillment of its parkland contribution. A public street
will also be constructed that provides frontage, visual access, and public
parking next to the Regional Park. Final plat approval has not been granted.
The property is not within the NCOD, a historic district, or a city recognized
neighborhood. The underlying Future Land Use designation is Urban
Residential. The R-3 zoning is an implementing district for this classification.
Application materials [external link] are available through the city's website.
The Community Development Board held a public hearing on June 2, 2025 to
consider the request. Public comment was provided at the hearing. No
written comment was provided. After consideration of the public comment,
application materials, and staff report, the Board voted (6:0) to recommend
approval of the zone map amendment to the City Commission. A full
recording of the agenda item can be viewed here [External Web Link].
Ordinance text. In the legal description, section 2 - Said portion contains
1.37 acres (59,514 square feet), more or less; plus the adjacent right of way
for Vaquero Parkway.
UNRESOLVED ISSUES:There are no identified conflicts on this application.
ALTERNATIVES:1. Recommend to approve the application with contingencies as presented;
2. Recommend to approve the application with modifications to the
recommended zoning;
3. Recommend to deny the application based on findings of non-
compliance with the applicable criteria contained within the staff report; or
4. Open and continue the public hearing, with specific direction to staff or
the applicant to supply additional information or to address specific items.
FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds
will be changed by this Zone Map Amendment.
Attachments:
25035 Vaquero Land Swap ZMA CC SR final.pdf
25035 Vaquero Land Swap Ord.pdf
Report compiled on: June 3, 2025
46
Page 1 of 35
25035, Staff Report for the Vaquero Land Swap Zone Map Amendment
Public Hearing Date(s): Community Development Board acting in their capacity as
the Zoning Commission will hold a public hearing on June 2, 2025, at 6:00 pm.
City Commission meeting is on June 17, 2025, at 6:00 pm.
Project Description: The Vaquero Land Swap zone map amendment requests
amendment of the City Zoning Map on 1.37 acres (59,514 square feet) plus
the adjacent right-of way from PLI (Public Lands and Institutions) to R-3
(Residential Medium Density District).
Project Location: The property is located on the west side of Vaquero Parkway at
the intersection with Tschache Lane described as a portion of Lot 4A being the
component of this ZMA; Being Tract 3A-1 of C.O.S 2202B and Lot 4 of Minor
Subdivision 400 located in the Northeast One-Quarter (NE ¼) of Section 3,
Township 2 South (T2S), Range 5 East (R5E), P.M.M., Gallatin County,
Montana.
Recommendation: Meets standards for approval
Community Development Board Motion: Having reviewed and considered the staff
report, application materials, public comment, and all information
presented, I hereby adopt the findings presented in the staff report for
application 25035 and move to recommend approval of the Vaquero Land
Swap Zone Map Amendment, with contingencies required to complete the
application processing.
Recommended City Commission Motion: Having reviewed and considered the
staff report, application materials, public comment, recommendation of the
Zoning Commission, and all information presented, I hereby adopt the
findings presented in the staff report for application 25035 and move to
provisionally adopt the Vaquero Land Swap Zone Map Amendment
Ordinance.
Report Date: June 3, 2025
Staff Contact: Tom Rogers, Senior Planner
Agenda Item Type: Action – Legislative
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25035 Staff Report for the Vaquero Land Swap Zone Map Amendment Page 2 of 35
EXECUTIVE SUMMARY
Unresolved Issues
None identified at this time.
Project Summary
Application to rezone a portion of a private property totaling 1.37 acres, plus adjacent
right-of-way, from PLI to R-3 to accommodate proposed residential development. The
subject property is adjacent to the Gallatin County Regional Park. The area was originally
annexed in 2001 as the Baxter Meadows Annexation by Resolution No. 3487. The
property owner performed a land swap with the County through the Gallatin County
Commission to acquire additional land to accommodate their development proposal.
The land swap did not go through city review as the city was not an affected landowner.
However, the city did review and preliminarily review the subdivision plat for the
property.
The area of the land swap is zoned PLI and does not allow residential development as a
permitted use. Therefore, the property owner seeks to re-zone this area to allow the
development to commence. As noted in the application narrative, the subject property
has undergone preliminary plat review, see the Park View Crossings Application No.
21158. The application proposed the subdivision of 7 acres of land into 44 residential
lots consisting of: 9 fourplex townhouse lots. 2 triplex townhouse lots, and 1 duplex
townhouse lot, plus 2 open space (mid-block crossing) lots, 1 common area drainage
lot, and streets and rights-of-way (ROW). The Applicant would provide a shared-use
pathway along its Vaquero Parkway frontage within the ROW as partial fulfillment of its
parkland contribution. A public street will also be constructed that provides frontage,
visual access, and public parking next to the Regional Park. Final plat approval has not
been granted.
The property is not within the NCOD, a historic district, or a city recognized
neighborhood. The underlying Future Land Use designation is Urban Residential. The R-
3 zoning is an implementing district for this classification.
Ordinance text. In the legal description, section 2 - Said portion contains 1.37 acres
(59,514 square feet), more or less; plus the adjacent right of way for Vaquero Parkway.
Application materials can be viewed on the City’s development map at the following link.
https://weblink.bozeman.net/WebLink/Browse.aspx?id=296405&dbid=0&repo=BOZEMAN
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25035 Staff Report for the Vaquero Land Swap Zone Map Amendment Page 3 of 35
Community Development Board (Zoning Commission) Summary
The Zoning Commission held a public hearing on June 2, 2025.
Public comment was provided at the hearing. Comment focused on the zoning and the
public notice. After a motion and Board discussion the Board voted (6:0) to recommend
approval of the map amendment.
The video recording of the public hearing is available at the following link. Public
comment starts at time stamp 30:52.
https://bozeman.granicus.com/player/clip/2498?view_id=1&redirect=true
Appendix A was included for reference which addresses these concerns. Images of the
creation of the private lot are added for the record and were refenced in the property
description and notices.
Written comment has been received on this application and can be viewed at the
following link.
https://weblink.bozeman.net/WebLink/Browse.aspx?id=299950&dbid=0&repo=BOZEMAN
Alternatives
1. Approve the application with contingencies as presented;
2. Approve the application with modifications to the recommended zoning;
3. Deny the application based on findings of non-compliance with the applicable
criteria contained within the staff report; or
4. Open and continue the public hearing, with specific direction to staff or the
applicant to supply additional information or to address specific items.
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25035 Staff Report for the Vaquero Land Swap Zone Map Amendment Page 4 of 35
TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 2
Unresolved Issues ............................................................................................................. 2
Project Summary ............................................................................................................... 2
Community Development Board (Zoning Commission) Summary .............................. 3
Alternatives ........................................................................................................................ 3
SECTION 1 - MAP SERIES........................................................................................................ 5
SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT ............ 10
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS............................................... 11
SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ....................... 11
Section 76-2-304, MCA (Zoning) Criteria ...................................................................... 12
PROTEST NOTICE FOR ZONING AMENDMENTS ................................................................ 26
APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND ......................... 27
APPENDIX B - NOTICING AND PUBLIC COMMENT ........................................................... 32
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ............................ 32
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF ...................................... 34
FISCAL EFFECTS .................................................................................................................... 35
ATTACHMENTS ...................................................................................................................... 35
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25035 Staff Report for the Vaquero Land Swap Zone Map Amendment Page 5 of 35
SECTION 1 - MAP SERIES
Figure 1: Location Map
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Figure 2: Location Map
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Figure 3: Future Land Use Designation
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Figure 4: Current Zoning Map
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Figure 5: Park View Crossing Preliminary Plat
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25035 Staff Report for the Vaquero Land Swap Zone Map Amendment Page 10 of 35
Figure 6: Rezoning Area Image
SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP
AMENDMENT
Please note that these contingencies are necessary for the City to complete the process
of the proposed amendment. Should the application not be approved these
contingencies are not required.
Recommended Contingencies of Approval:
1. That all documents and exhibits necessary to establish the amended municipal
zoning designation of R-3 shall be identified as the “Vaquero Land Swap Zone Map
Amendment”.
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25035 Staff Report for the Vaquero Land Swap Zone Map Amendment Page 11 of 35
2. The applicant must submit a zone amendment map, titled “Vaquero Land Swap Zone
Map Amendment”, acceptable to the Director of Public Works, as a PDF which will
be utilized in the preparation of the Ordinance to officially amend the City of Bozeman
Zoning Map. Said map shall contain a metes and bounds legal description of the
perimeter of the subject property including adjacent rights-of-way, and total acreage
of the property.
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS
Having considered the criteria established for a zone map amendment, the Staff found
the application meets standards for approval as submitted.
The Development Review Committee (DRC) considered the amendment. The DRC did
not identify any infrastructure or regulatory constraints that would impede the approval
of the application.
The Community Development Board acting in their capacity as the Zoning Commission
will hold a public hearing on this zone map amendment on June 2, 2025, and will forward
a recommendation to the City Commission on the zone map amendment. The meeting
will begin at 6 p.m. in the Commission Room at City Hall, 121 N. Rouse Ave, Bozeman,
Montana.
The City Commission will hold a public meeting on the zone map amendment on June
17, 2025. The meeting will begin at 6 p.m. in the Commission Room at City Hall, 121 N.
Rouse Ave, Bozeman, Montana, the City Commission will conduct a public hearing on
the proposed Zone Map Amendment application.
SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS
In considering applications for plan approval under this title, the advisory boards and City
Commission must consider the following criteria (letters A-K). As an amendment is a
legislative action, the Commission has broad latitude to determine a policy direction. The
burden of proof that the application should be approved lies with the applicant.
A zone map amendment must be in accordance with the growth policy (criteria A) and be
designed to secure safety from fire and other dangers (criteria B), promote public health,
public safety, and general welfare (criteria C), and facilitate the provision of transportation,
water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to
approve a zone map amendment the Commission must find Criteria A-D are met.
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25035 Staff Report for the Vaquero Land Swap Zone Map Amendment Page 12 of 35
In addition, the Commission must also consider criteria E - K and may find the zone map
amendment to be positive, neutral, or negative with regards to these criteria. To approve the
zone map amendment, the Commission must find the positive outcomes of the amendment
outweigh negative outcomes for criteria E-K. In determining whether the criteria are met,
Staff considers the entire body of regulations for land development. Standards which
prevent or mitigated negative impacts are incorporated throughout the entire municipal
code but are principally in Chapter 38, Unified Development Code.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Criterion met. The BCP 2020, Chapter 5, p. 73, in the section titled Review Criteria for
Zoning Amendments and Their Application, discusses how the various criteria in 76-2-
304 MCA are applied locally. Application of the criteria varies depending on whether an
amendment is for the zoning map or for the text of Chapter 38, BMC. The first criterion
for a zoning amendment is accordance with a growth policy.
Future Land Use Map
The proposed amendment is a change to the zoning map. Therefore, it is necessary to
analyze compliance with the future land use map. Chapter 3 of the BCP 2020 addresses
the future land use map. The introduction to that chapter discusses the importance of
the chapter. Following are some excerpts.
“Future land use is the community’s fundamental building block. It is an
illustration of the City’s desired outcome to accommodate the complex and
diverse needs of its residents.”
“The land use map sets generalized expectations for what goes where in the
community. Each category has its own descriptions. Understanding the future
land use map is not possible without understanding the category descriptions.”
The area of this application is within the anticipated growth area of the city. As shown on
the maps in Section 1, on the excerpt of the current future land use map, the property is
designated as Urban Neighborhood. The Urban Neighborhood designation description
reads:
“This category primarily includes urban density homes in a variety of types,
shapes, sizes, and intensities. Large areas of any single type of housing are
discouraged. In limited instances, an area may develop at a lower gross density
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25035 Staff Report for the Vaquero Land Swap Zone Map Amendment Page 13 of 35
due to site constraints and/or natural features such as floodplains or steep
slopes. Complementary uses such as parks, home-based occupations, fire
stations, churches, schools, and some neighborhood-serving commerce provide
activity centers for community gathering and services. The Urban Neighborhood
designation indicates that development is expected to occur within municipal
boundaries. This may require annexation prior to development.
Applying a zoning district to specific parcels sets the required and allowed
density. Higher density residential areas are encouraged to be, but are not
required or restricted to, proximity to commercial mixed-use areas to facilitate the
provision of services and employment opportunities without requiring the use of
a car.”
The correlation between the future land use map of the growth policy and the zoning
districts is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the
following Correlation with Zoning Table excerpt, the R-3 district is an implementing
district of the Urban Neighborhood.
In finding that this application meets criterion A, the analysis is cognizant that in many
planning efforts and discussions over the decades, the Community Development Board
and City Commission have considered the various elements of the question of to grow
or not grow and the consequences of either approach. After considering this question,
they have concluded that having growth within the physical boundaries of Bozeman
results in better outcomes than not. Therefore, the BCP 2020 approaches growth as
something that overall is positive but recognizes that it does not come without
drawbacks and that the community will change over time.
Goals and Policies
A zoning amendment is also evaluated against the goals and policies of the BCP 2020.
Most of the goals and policies are not applicable to this application. Relevant goals and
objectives have been identified by staff. Conflict with the text of the growth policy hasn’t
been identified.
The Short-Term Action list on page 63 of the BCP 2020 describes 14 items to implement
the growth policy. The first two relate to direct changes to the zoning map in support of
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25035 Staff Report for the Vaquero Land Swap Zone Map Amendment Page 14 of 35
listed goals and objectives. These include increasing the intensity of zoning districts in
already developed areas. Beginning on page 71 of the BCP 2020 in the section titled
Zoning Amendment Review, the document discusses how the City implements zoning
for new areas, amendments to areas, and revisions to existing text. This section includes
a discussion of when the City may initiate a zoning change to a more intensive district to
increase development opportunities. This section demonstrates that the City, as a
matter of policy, is supportive of more intensive zoning districts and development, even
within already developed areas. This policy approach does not specify any individual
district but does lean towards the more intensive portion of the zoning district spectrum.
With individual property owner request to modify zoning, the applicant has the burden of
proof to show the proposed amendment is in the city’s best interest and furthers more
goals and policies of the BCP, 2020 than hinders. The applicant’s argument simply
makes a declarative statement that the zoning is accordance with the growth policy
because, “Properties in the surrounding area are similarly zoned and the City of
Bozeman has multiple areas throughout the city designated as R-3, including the
other/existing piece of this same parcel. The proposed zoning will provide for a variety of
housing types and land uses, and follows the goal of an urban-scale development with a
diverse mixture of possible uses. The properties anticipated development pattern is in
accordance with many objectives of community planning. This includes promoting
residential mixed-use developments.”
Staff did not identify goals and objectives the proposed amendment is in direct conflict
with. To aid the Zoning Commission and City Commission to make affirmative findings
in support of the application staff offers additional analysis for consideration.
THEME 2 | GOALS, OBJECTIVES, AND ACTIONS
Goal N-1: Support well-planned, walkable neighborhoods.
N-1.1 Promote housing diversity, including missing middle housing.
Comment: The R-3 district allows a variety of housing types and lot sizes which
can promote the construction of desired housing type in the city.
N-1.10 Increase connectivity between parks and neighborhoods through continued
trail and sidewalk development. Prioritize closing gaps within the network.
Comment: Revising the zoning map will encourage the completion of the
proposed subdivision. City standards require connectivity and the construction of
facilities that promote this objective.
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25035 Staff Report for the Vaquero Land Swap Zone Map Amendment Page 15 of 35
Goal N-2: Pursue simultaneous emergence of commercial nodes and residential
development through diverse mechanisms in appropriate locations.
N-2.2 Revise the zoning map to support higher intensity residential districts near
schools, services, and transportation.
Comment: The map will extend the R-3 zone to the extent of the preliminary
approved subdivision. The R-3 zone is a considered a moderate density district
and is near schools, is on existing transportation system, and some commercial
destinations are nearby such as La Tinga Mexican. Also, the City is planning for
additional commercial activity at the corner of Baxter and Davis.
In conclusion, the R-3 zoning designation is in accordance with the growth policy.
B. Secure safety from fire and other dangers.
Criterion met. The subject property is currently served by City of Bozeman Fire and
Police Departments. Future development of the property will be required to conform to
all City of Bozeman public safety, building, transportation, and land use requirements,
which will generally ensure this criterion is met.
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
18.02 International
Fire code
Adopt standards
for fire prevention
and control
Fire/EMS master
plan, International
Fire Code
Site plan and building
permit
38.400
Transportation
Facilities and
Access
Streets standards
for size and
construction
Transportation
Master Plan
Subdivision or site plan
review
38.400.010
Streets, general
Access for
emergency
services
Transportation
Master Plan
Subdivision or site
plan.
38.410.090 Fire
protection
requirements
Development
design
Fire/EMS master
plan, International
Fire Code
Subdivision, site plan,
and building permit
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25035 Staff Report for the Vaquero Land Swap Zone Map Amendment Page 16 of 35
C. Promote public health, public safety, and general welfare.
Criterion met. City development standards included in Chapter 38, Unified Development
Code, building codes, and engineering standards all ensure that this criterion is met.
Adequate water and sewer supply and conveyance provide for public health through
clean water. Rapid and effective emergency response provides for public safety. The
City’s standards ensure that adequate services are provided prior to building
construction which advances this criterion. General welfare has been evaluated during
the adoption of Chapter 38 and found to be advanced by the adopted standards.
Provision of parks, control of storm water, and other features of the City’s development
standards also advance the general welfare.
The subject property is connected to the City’s transportation system and is served by
fully constructed intersections and streets in the immediate vicinity. Sidewalks are
mostly constructed except for portions adjacent to County owned property adjacent to
the Regional Park. Future development will require transportation facilities within the
approval area. Development on site will require any improvements not installed to
mitigate impacts and meet the city’s complete street policies.
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
18.02 International
Fire code
Adopt standards
for fire prevention
and control
Fire/EMS master
plan, International
Fire Code
Site plan and building
permit
38.400
Transportation
Facilities and
Access
Streets standards
for size and
construction
Transportation
Master Plan
Subdivision or site plan
review
38.410.070
Municipal water,
sewer systems
Location and
requirement to
install.
Sewer collection
facilities plan,
Water facilities
plan
Subdivision or site
plan.
38.410.090 Fire
protection
requirements
Development
design
Fire/EMS master
plan, International
Fire Code
Subdivision, Site plan,
and building permit
38.420 Parks Standards for
location, type, and
Park, Recreation,
and Active
Subdivision or site plan
review
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25035 Staff Report for the Vaquero Land Swap Zone Map Amendment Page 17 of 35
development of
parks and trails
Transportation
Plan
38.5 Project
Design
Site layouts,
landscaping,
building
configuration,
signs, lighting
Site plan and building
permit
D. Facilitate the provision of transportation, water, sewerage, schools, parks, and
other public requirements.
Criterion met. The City conducts extensive planning for municipal transportation, water,
sewer, parks, sustainability, and other facilities and services provided by the City. The
adopted plans allow the City to consider existing conditions; and identify enhancements
needed to provide service to new development. See page 19 of the BCP 2020 for a listing.
The City implements these plans through its capital improvements program (CIP). The
CIP identifies individual projects, project construction scheduling, and financing of
construction for infrastructure. Private development must demonstrate compliance
with standards prior to construction. Dedication of school facilities is not required by
municipal zoning standards. However, School District 7 will have opportunity to review
and comment on future development.
Section 38.300.020.C, BMC, states that the designation of a zoning district does not
guarantee approval of new development until the City verifies the availability of needed
infrastructure. All zoning districts in Bozeman enable a wide range of uses and
intensities. At time of future subdivision or site plan review the need for individual
services can be more precisely determined. No subdivision or site plan is approved
without demonstration of adequate capacity.
38.300.020.C, “Placement of any given zoning district on an area depicted on the
zoning map indicates a judgment on the part of the city that the range of uses
allowed within that district are generally acceptable in that location. It is not a
guarantee of approval for any given use prior to the completion of the appropriate
review procedure and compliance with all the applicable requirements and
development standards of this chapter and other applicable policies, laws and
ordinances. It is also not a guarantee of immediate infrastructure availability or a
commitment on the part of the city to bear the cost of extending services.”
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25035 Staff Report for the Vaquero Land Swap Zone Map Amendment Page 18 of 35
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
18.02 International
Fire code
Adopt standards
for fire prevention
and control
Fire/EMS master
plan, International
Fire Code
Site plan and building
permit
38.400
Transportation
Facilities and
Access
Streets standards
for size and
construction
Transportation
Master Plan
Subdivision or site plan
review
38.410.060
Easements
Location and form
of easements for
utilities
Transportation
Master Plan,
Sewer collection
facilities plan,
Water facilities
plan
Annexation for
collector and arterial
streets.
Subdivision or site plan
for all others.
38.410.070
Municipal water,
sewer systems
Location and
requirement to
install.
Sewer collection
facilities plan,
Water facilities
plan
Subdivision or site
plan.
38.410.090 Fire
protection
requirements
Development
design
Fire/EMS master
plan, International
Fire Code
Subdivision, site plan,
and building permit
38.420 Parks Standards for
location, type, and
development of
parks and trails
Park, Recreation,
and Active
Transportation
Plan
Subdivision or site plan
Water and sewer are available to the site. There is an existing 8-inch poly vinyl chloride
sewer line on the eastern side of the property within the Vaquero right-of-way. An 8-inch
ductile iron water main is also located in the Vaquero right-of-way. It is likely future
development will increase impacts on services, adequate capacity is presently available
to meet expected demand.
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E. Reasonable provision of adequate light and air.
Criterion met. This criterion is not about individual preferences for a given degree of
visual openness but about preservation of public health. The R-3 district provides
adequate light and air through the Bozeman Unified Development Code’s standards for
park and recreation requirements, on-site open space for residential uses, maximum
building height, lot coverage, and setback requirements.
The form and intensity standards, Division 38.320, provide minimum lot areas, lot
widths, lot coverage and maximum floor area ratios, and prescribe require minimum
separation from property lines and limits building heights. Section 38.520.030 requires
building placement to ensure access to light and air. Division 38.420 and Section
38.520.060 require dedication of parks and on-site open spaces to meet needs of
residents. The standards provide a reasonable provision of adequate light and air. Zone
edge transitions do not apply to this property if the R-3 is approved pursuant to section
38.320.060, BMC.
In addition to the zoning standards, adopted building codes contain more detailed
requirements for air circulation, window placement, and building separation that further
ensure the intent of this criterion is satisfied.
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
38.320 Form and
Intensity
Standards
Standards for
building placement
and maximum size
Subdivision, site plan
review, building permit
38.420 Parks Standards for
location, type, and
development of
parks and trails
Park, Recreation,
and Active
Transportation
Plan
Subdivision or site plan
review
38.520.060 On-site
residential and
commercial open
space
Private land open
area requirements
Site plan
F. The effect on motorized and non-motorized transportation systems.
Criterion met. Potential future development within a zoning district of R-3 will affect the
City’s motorized and non-motorized transportation system with potential increased
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traffic and vehicle trips along Vaquero Parkway and the intersections Vaquero and Davis
and Baxter Lanes. Both Baxter ad Davis Lanes are designated Minor Arterial streets
pursuant to the Bozeman Transportation Master Plan while Vaquero Parkway is a local
street. Due to the small size potential impacts will be limited and therefore can be
accommodated by the existing street network.
The proposed zoning may increase trip generation than the existing PLI zoning. The City’s
transportation plan is used to evaluate transportation needs over the long term
throughout the City and will evaluate impacts of motorized vehicles along with bikes and
pedestrians. The parks and trails plan also examine and specify options for extensions
of the existing trail network through this site. Future site development will examine
impacts in greater detail on the transportation network, parks, and trails system, and
municipal facilities when specific construction has been identified. Furthermore, these
future development reviews will ensure that development under the new zoning will
comply with the City’s standards for the provision of onsite parking for bicycles and
vehicles, as well as the requirements for onsite circulation.
This application is unique because the property has undergone preliminary plat review
and expected traffic is known prior to the zone change. The city has requirements that,
upon future development, traffic impacts will be studied by the development team to
demonstrate compliance with the City’s long-range transportation plans. Future project
development will ensure compliance with the acceptable traffic limits identified in the
transportation plans, as well as provide for the dedication of rights of way, construction
or reconstruction of streets and trails, payment of impact fees, and other contributions
as will be applicable to this project. A traffic impact summary was provided with the
preliminary plat application and found that the infrastructure that exists and is proposed
for the project would adequately service the development, and no upgrades were
proposed for any nearby intersections.
The subject properties are within the City’s land use, transportation, parks, and utility
planning areas. Those plans show this property as developing within the City when
development is proposed.
Prior to final plat approval for the Park View Crossing subdivision, all required
infrastructure requirements will be improvised or financially guaranteed as allowed by
the city. Future development and redevelopment of the property will be required to
comply with transportation-related standards and reviewed for impacts on the
surrounding streets, intersections, and sidewalks, and improvements to the
transportation network to serve the site, which will improve the overall transportation
system. These improvements include provisions for non-motorized transportation
systems. Therefore, the change in zoning district will have a minimal effect on required
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road improvements, pedestrian or bicycle facilities, or similar compliance with
standards.
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
38.400
Transportation
Facilities and
Access
Streets standards
for size and
construction
Transportation
Master Plan
Subdivision or site plan
review
38.410.060
Easements
Location and form
of easements for
utilities
Transportation
Master Plan,
Annexation for
collector and arterial
streets.
Subdivision or site plan
for all others.
38.420.110
Recreation
Pathways
Location and
requirement to
install.
Park, Recreation,
and Active
Transportation
Plan
Annexation for Class 1
Trails easement.
Subdivision or site plan
for all else.
The site has a Walk Score of 13, a Transit score of 22, and a Bike Score of 38. According
to Walk Score® the walks score measures the walkability of any address based on the
distance to nearby places and pedestrian friendliness. Almost all errands require a car.
90 – 100 Walker’s Paradise. Daily errands do not require a car.
70 – 89 Very Walkable. Most errands can be accomplished on foot.
50 – 69 Somewhat walkable. Some errands can be accomplished on foot.
25 – 49 Car-Dependent. Most errands require a car.
0 – 24 Car-Dependent. Almost all errands require a car.
These values are provided by Walk Score, a private organization which presents
information on real estate and transportation through walkscore.com. The algorithm
which produces these numbers is proprietary. A score is not an indication of safety or
continuity of services or routes. Scores are influenced by proximity of housing, transit,
and services and expected ability, as determined by the algorithm, to meet basic needs
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without using a car. Sites located on the edge of the community have lower scores than
those in the center of the community as the area is still under development and therefore
diversity of uses is less than in fully established areas. There are no adopted
development standards relating to the walk score.
G. Promotion of compatible urban growth.
Criterion met. The Bozeman Community Plan establishes a preferred and compatible
development pattern. “The land use map sets generalized expectations for what goes
where in the community… The land use categories and descriptions provide a guide for
appropriate development and redevelopment locations for civic, residential,
commercial, industrial, and other uses. The future land use designations are important
because they aim to further the vision and goals of the City through promoting
sustainability, citizen and visitor safety, and a high quality of life that will shape
Bozeman’s future.” (Community Plan p. 51).
The City’s future land use map designates the properties as Urban Residential. These
designations correlate with several zoning districts including the R-3 district proposed
by the applicants. The districts were developed by the City to promote appropriate urban
growth compatible with the areas of the City as identified on the future land use map.
Based on the land use map designations and correlated zoning districts in the plan and
proposed by the applicants, the zone map amendment would promote compatible
urban growth. Also see the discussion in (H) below.
The subject property is bounded by existing R-3 to the east and bounds the Regional Park
bounds the property to the west, south, and north.
The applicant responds to this criterion by stating, “Yes, the Bozeman Community Plan
established preferred development patterns. This development is consistent with this
plan and matches many of the existing and proposed zoned areas surrounding this
proposed project site.”
Municipal Code
Section and Title
Subject Related Documents When standard is
applied
38.310 Permitted
Uses
What can be done
where in the city.
Growth policy Subdivision, site
plan, building
permit
38.320 Form and
Intensity
Standards
Standards for
building placement
and maximum size
Subdivision, site
plan, building
permit
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38.320.060 Zone
Edge Transitions
Height
adjustments on the
edge of some
zones
Site plan
38.340 Overlay
District Standards
Historic
preservation
SOI Standards for
Historic Preservation,
Design Guidelines for
Historic Preservation
Site plan and
building permit
38.5 Project
Design
Site layouts,
landscaping,
building
configuration,
signs, lighting
Site plan and
building permit
H. Character of the district.
Criterion met. Section 76-2-302, MCA says “…legislative body may divide the
municipality into districts of the number, shape, and area as are considered best suited
to carry out the purposes [promoting health, safety, morals, or the general welfare of the
community] of this part.” Emphasis added.
This proposal amends the zoning map and not the text. Therefore, no element of this
amendment modifies the standards of any zoning district. The character of the districts
as created by those standards remains intact.
As noted above, the City Commission has latitude in considering the geographical
extents of a zoning district. It is not expected that zoning freeze the character of an area
in perpetuity. Rather, it provides a structured method to consider changes to the
character. This is especially true when applying zoning to undeveloped areas as any new
construction will alter the physical characteristics of the area.
The City has defined compatible development as:
“The use of land and the construction and use of structures which is in harmony
with adjoining development, existing neighborhoods, and the goals and objectives
of the city's adopted growth policy. Elements of compatible development include,
but are not limited to, variety of architectural design; rhythm of architectural
elements; scale; intensity; materials; building siting; lot and building size; hours
of operation; and integration with existing community systems including water
and sewer services, natural elements in the area, motorized and non-motorized
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transportation, and open spaces and parks. Compatible development does not
require uniformity or monotony of architectural or site design, density or use.”
The City has adopted many standards to identify and avoid or mitigate demonstrable
negative impacts of development. These will support the ability of future development in
[R-3] to be compatible with adjacent development and consistent with the residential
and commercial character of the area.
The intent of the R-3 residential medium density district is to provide for the development
of one- to five-household residential structures near service facilities within the city. This
purpose is accomplished by:
1. Providing for minimum lot sizes in developed areas consistent with the
established development patterns while providing greater flexibility for clustering
lots and mixing housing types in newly developed areas.
2. Providing for a variety of housing types, including single household dwellings, two
to four household dwellings, and townhouses to serve the varied needs of
households of different size, age and character, while reducing the adverse effect
of non-residential uses.
Use of this zone is appropriate for areas with good access to parks, community services
and/or transit.
The city has adopted many standards to identify and avoid or mitigate demonstrable
negative impacts of development. These will support the ability of future development in
the proposed R-3 district to be compatible with the proposed adjacent park use and
other R-3 residential areas.
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
38.310 Permitted
Uses
What can be done
where in the city.
Growth policy Subdivision, site plan,
building permit
38.320 Form and
Intensity
Standards
Standards for
building placement
and maximum size
Subdivision, site plan,
building permit
38.320.060 Zone
Edge Transitions
Height
adjustments on the
edge of some
zones
Site plan
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38.340 Overlay
District Standards
Historic
preservation
SOI Standards for
Historic
Preservation,
Design Guidelines
for Historic
Preservation
Site plan and building
permit
38.5 Project
Design
Site layouts,
landscaping,
building
configuration,
signs, lighting
Site plan and building
permit
I. Peculiar suitability for particular uses.
Criterion met. Future uses for construction on the site will be residential. The dominate
land use in the general areas is R-3 residential and Park. There is an evolving commercial
node north and across Baxter Lane and the Gallatin County Regional Park bounds the
property on the west side. Adding residential area in this location will increase park
utilization and requires the construction of a street adjacent to the park which the
County has chosen not to install. City standards require public streets on 100 percent of
park frontage to create access and parking for users. The proposed development will add
a section of missing street frontage to the park.
The future land use designation shows the area and the land to the east as Urban
Residential. The R-3 is an implementing district for the Urban Neighborhood
classification.
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
38.310 Permitted
Uses
What can be done
where in the city.
Growth policy Subdivision, site plan
review, building permit
38.320 Form and
Intensity
Standards
Standards for
building placement
and maximum size
Subdivision, site plan
review, building permit
38.600 Natural
Resource
Protection
Protect
watercourses and
wetlands
FEMA Floodplain
study
Subdivision, site plan
review, building permit
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J. Conserving the value of buildings.
Criterion met. The site is vacant. R-3 zoning allow for a variety of residential structure
types and for similar land use patterns and will thus conserve the value of buildings in
the area. Any future development on the property will be subject to standards in the R-3
zoning district which will ensure the conservation of adjacent building values including
but not limited to standards set forth in the Unified Development Code for fire safety,
setbacks, buffers and building heights, which will help alleviate any potential negative
impacts to the values of adjacent buildings as a result of future development on the
subject property.
The values of some buildings may improve in the future as new and improved amenities
are provided to the area as the site is developed according to the proposed R-3 district,
while other buildings’ values are unlikely to be impacted largely due to a robust real
estate market and lack of unmitigated offensive uses allowed by the proposed zoning
district. Therefore, this criterion is met.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Criterion met. As stated above, the BCP 2020 illustrates the most appropriate use of the
land through the future land use map. This application complies with the BCP 2020 by
proposing zone map amendments of districts that continue to implement the future land
use map designations. In this case, urban residential development has been identified
by the community as the most appropriate types of development for the property. The
Unified Development Code contains standards, protections, and review processes to
ensure the land is developed in ways that are appropriate to a site’s context and
according to the BCP 2020.
Similarly, as stated by the applicant, “The Bozeman Community Plan shows the most
appropriate use of land. Zoning this property as R-3 is the most appropriate type of
development for this property to be able to maximize the residential mixed-use towards
the integration of multi-household residential within the City.”
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS
OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE
LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE
AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-
THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION.
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The City will accept written protests from property owners against the proposal
described in this report until the close of the public hearing before the City
Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the
owner(s) of real property within the area affected by the proposal or by owner(s) of
real property that lie within 150 feet of an area affected by the proposal. The protest
must be in writing and must be signed by all owners of the real property. In addition,
a sufficient protest must: (i) contain a description of the action protested sufficient
to identify the action against which the protest is lodged; and (ii) contain a statement
of the protestor's qualifications (including listing all owners of the property and the
physical address and legal description of the property), to protest the action against
which the protest is lodged, including ownership of property affected by the action.
Signers are encouraged to print their names after their signatures. A person may in
writing withdraw a previously filed protest at any time prior to final action by the City
Commission. Protests must be delivered to the Bozeman City Clerk, 121 North
Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230.
APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND
The owner, Campeche Shores Development, LLC, Galveston, TX 77552, submitted
application to rezone a property totaling 1.37 acres, plus adjacent right-of-way, from PLI
to R-3 to accommodate proposed development. The subject property is adjacent to the
Gallatin County Regional Park. The area was originally annexed in 2001 as the Baxter
Meadows Annexation by Resolution No. 3487, and zoned R-3
The Regional Park was purchased in 2002 with Open Space bond funds and zoned with
a master plan for the 100-acre park adopted in 2007. A portion of the park was intended
to serve as the new YMCA site. However, the YMCA chose to locate their new facility at
the corner of Baxter and Love. The location of this zone map amendment is the former
proposed location of the YMCA. See the image below.
Shortly after the zoning map was revised to show a portion of the PLI as R-3 zoning.
Subsequently, the zoning map was revised to refine the extent and precise location of
the R-3 zoning through application Z-07011. The result is shown on the current zoning
map in Section one of this report.
In 2007 the property was subdivided into four (4) lots as Minor Subdivision 400. Lot 4, the
subject property, was subject to further review prior to development. In 2012, The
Crossing at Baxter Meadows (Application P-12017), was platted creating the lots to the
east of Vaquero Parkway.
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Crossing at Baxter Meadows Subdivision. Filed in 2013.
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Minor Subdivision No. 400. Filed in 2007
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Minor Subdivision No. 400A – Boundary Relocation with Gallatin County to adjust the
area of the ZMA. Filed in 2022
Finally, the subject property has undergone preliminary plat review, see the Park View
Crossings Application No. 21158. The application proposed the subdivision of 7 acres of
land into 44 residential lots consisting of: 9 fourplex townhouse lots. 2 triplex townhouse
lots, and 1 duplex townhouse lot, plus 2 open space (mid-block crossing) lots, 1
common area drainage lot, and streets and rights-of-way (ROW). The Applicant would
provide a shared-use pathway along its Vaquero Parkway frontage within the ROW as
partial fulfillment of its parkland contribution. Final plat approval has not been granted.
Please refer to the Section 1: Map Series for image of the preliminary plat.
Gallatin County and the property owner negotiated a land swap through to modify the
configuration of the property to the current configuration. The land swap did not go
through city review. The process of the land swap did not rezone the subject property,
and it remained PLI. The property owner initiated the rezoning to match the land re that
underwent the land swap with the Gallatin County. PLI and does not allow residential
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development as a permitted use. Therefore, the property owner seeks to re-zone this
area to allow the development to commence.
The property is not within the NCOD, a historic district, or a city recognized
neighborhood. The underlying Future Land Use designation is Urban Residential. The R-
3 zoning is an implementing district for this classification.
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APPENDIX B - NOTICING AND PUBLIC COMMENT
Notice was sent via US first class mail to all owners of property located inside the site
and within 200 feet of the perimeter of the site. The project site was posted with a copy
of the notice. The notice was published in the Legal Ads section of the Bozeman Daily
Chronicle on May 10 and 17, 2025. The Community Development Board acting in their
capacity as the Zoning Commission hearing is scheduled for June 2, 2025, and the City
Commission public hearing is scheduled for June 17, 2025.
Public comment at the Community Development Board raised issue with the public
notice. Pursuant to 76-2-303(2), Mon.t Code Ann., states the notice requirements for
zone map amendments. Tis sections states, “A regulation, restriction, or boundary may
not become effective until after a public hearing in relation to the regulation, restriction,
or boundary at which parties in interest and citizens have an opportunity to be heard has
been held. At least 15 days' notice of the time and place of the hearing must be published
in an official paper or a paper of general circulation in the municipality.”
The City of Bozeman requires substantially more notice that required including mailing
to property owners in the affected area, listing on the public development map wit direct
access to all relevant application materials, and a 3 x 4’ posting on the subject property.
In addition, the agenda for the review boards is published on the City’s web site prior to
the hearing(s).
Written comment has been received and can be viewed at the following link.
https://weblink.bozeman.net/WebLink/Browse.aspx?id=299969&dbid=0&repo=BOZEMAN
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted Growth Policy Designation:
The property is designated as Urban Neighborhood in the Bozeman Community Plan
2020 future land use map – see descriptions below.
URBAN NEIGHBORHOOD. This category primarily includes urban density homes in a
variety of types, shapes, sizes, and intensities. Large areas of any single type of housing
are discouraged. In limited instances, an area may develop at a lower gross density due
to site constraints and/or natural features such as floodplains or steep slopes.
Complementary uses such as parks, home-based occupations, fire stations, churches,
schools, and some neighborhood-serving commerce provide activity centers for
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community gathering and services. The Urban Neighborhood designation indicates that
development is expected to occur within municipal boundaries. This may require
annexation prior to development. Applying a zoning district to specific parcels sets the
required and allowed density. Higher density residential areas are encouraged to be,
but are not required or restricted to, proximity to commercial mixed-use areas to
facilitate the provision of services and employment opportunities without requiring the
use of a car.
Proposed Zoning Designation and Land Uses:
The applicant has requested zoning of R-3, “Residential Moderate Density” in association
with the annexation of the property. According to Sec. 38.300.100(C) of the Unified
Development Code, “The intent of the R-3 residential medium density district is to provide
for the development of one- to five-household residential structures near service facilities
within the city. This purpose is accomplished by: (1) providing for minimum lot sizes in
developed areas consistent with the established development patterns while providing
greater flexibility for clustering lots and mixing housing types in newly developed areas and
(2) providing for a variety of housing types, including single household dwellings, two to
four household dwellings, and townhouses to serve the varied needs of households of
different size, age and character, while reducing the adverse effect of non-residential
uses.
Use of this zone is appropriate for areas with good access to parks, community services
and/or transit.
The Zoning Correlation Table on Page 58 of the Bozeman Community Plan, 2020 correlates
zoning districts with the Growth Policy’s land use categories, demonstrating that the
proposed zoning designation of R-3 correlates with the Growth Policy’s future land use
designation of “Urban Neighborhood”.
Authorized uses in Residential districts are detailed in section 38.310.030.
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APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owner: Campeche Shores Development, LLC, Box 3088, Galveston, TX 77552
Applicant: Campeche Shores Development, LLC, Box 3088, Galveston, TX 77552
Representative: Hyalite Engineers, PLLC, 2304 N 7th Avenue, Bozeman, MT 59715
Report By: Tom Rogers, Senior Planner
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FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be
changed by this zone map amendment.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715. In addition, application materials can
be viewed on the City’s development map at the following link.
https://weblink.bozeman.net/WebLink/Browse.aspx?id=296405&dbid=0&repo=BOZEMAN
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Ord 2025-___
Page 1 of 6
ORDINANCE 2025 - ____
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA
AMENDING THE CITY OF BOZEMAN ZONING MAP TO REZONE 1.37 ACRES FROM PLI,
PUBLIC LANDS AND INSTITUTIONS TO R-3, RESIDENTIAL MEDIUM-DENSITY DISTRICT,
KNOWN AS THE VAQUERO LAND SWAP ZONE MAP AMENDMENT, APPLICATION 25035.
WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map
pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and
WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning
maps if a public hearing is held and official notice is provided; and
WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must
conduct a public hearing and submit a report to the City Commission for all zoning map
amendment requests; and
WHEREAS, the City of Bozeman Zoning Commission has been created by Section
2.05.2700, BMC as provided for in Section 76-2-307, M.C.A.; and
WHEREAS, Chapter 38, Article 2 of the Bozeman Unified Development Code sets
forth the procedures and review criteria for zoning map amendments; and
WHEREAS, the proposed zone map amendment application to amend the City of
Bozeman Zoning Map to rezone a portion of an existing parcel from PLI (Public Lands and
Institutions) to R-3 (Residential Medium-Density) on 1.37 acres including adjacent right-of-
way respectively has been properly submitted, reviewed, and advertised; and
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WHEREAS, after proper notice, the Bozeman Community Development Board acting
in their capacity as the Zoning Commission held a public hearing on June 2, 2025, to receive
and review all written and oral testimony on the request for a zone map amendment; and
WHEREAS, the Bozeman Zoning Commission recommended (6:0) the Bozeman City
Commission that application No. 25035 the Vaquero Land Swap Zone Map Amendment, be
approved as requested by the applicant; and
WHEREAS, after proper notice, the City Commission held its public hearing on June
17, 2025, to receive and review all written and oral testimony on the request for the zone
map amendment; and
WHEREAS, the City Commission has reviewed and considered the zone map
amendment criteria established in Section 76-2-304, M.C.A., and found that the proposed
zone map amendment would be in compliance with the criteria.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA:
Section 1
Legislative Findings
The City Commission hereby makes the following findings in support of adoption of
this Ordinance:
1. The City adopted a growth policy, the Bozeman Community Plan 2020, by Resolution
5133 to establish policies for development of the community including zoning;
2. The Bozeman Community Plan 2020, Chapter 5, sets forth the policies by which the
City reviews and applies the criteria for amendment of zoning established in 76-3-
304, MCA;
3. Zoning, including amendments to the zoning map, must be in accordance with an
adopted growth policy;
4. A staff report analyzing the required criteria for a zone map amendment, including
accordance to the Bozeman Community Plan 2020, has found that the required
criteria are satisfied;
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5. The two required public hearings were advertised as required in state law and
municipal code and all persons have had opportunity to review the materials
applicable to the application and provide comment prior to a decision;
6. The Bozeman Zoning Commission has been established as required in state law and
conducted their required public hearing; and after consideration of application
materials, staff analysis and report, and all submitted public comment
recommended approval of the application.
7. The City Commission conducted a public hearing to provide all interested parties the
opportunity to provide evidence and testimony regarding the proposed amendment
prior to the City Commission acting on the application.
8. The City Commission considered the application materials, staff analysis and report,
Zoning Commission recommendation, all submitted public comment, and all other
relevant information.
9. The City Commission determines that, as set forth in the staff report and
incorporating the staff findings as part of their decision, the required criteria for
approval of the Vaquero Land Swap Zone Map Amendment have been satisfied.
Section 2
That the zoning district designation of the following-described property is hereby
designated as R-3, Residential Medium-Density District:
An area of land comprised described as follows:
The existing parcel being a portion of Lot 4a of Minor Subdivision 400A located in
Section 34, Township 1 South, Range 5 East, Principal Meridian Montana, Gallatin
County, Montana. is subject to all easements of record or apparent on ground
The portion of lot 4a being the component of this ZMA;
Being Tract 3A-1 of C.O.S 2202B and Lot 4 of Minor Subdivision 400 located in the
Northeast 1/4 of Section 3, Township 2 South, Range 5 East, P.M.M., City of Bozeman,
Gallatin County, Montana, more particularly described as follows:
Commencing at the Center ¼ of Section 3, thence N 34°50'24" E a distance of 1766.44',
to the Point of Beginning:
thence N 89°59'49" E a distance of 373.63';
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Ordinance 2025 - ____ Zoning Ordinance
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thence along a non-tangent arc to the left a distance of 87.76', said arc having delta
angle of 03°56'38", a radius of 1275.00', with a chord bearing of S 44°12'08" E, with a
chord length of 87.74',
thence S 43°49'34" W a distance of 170.56';
thence S 56°27'34" W a distance of 95.06';.
thence N 51°34'41" W a distance of 84.52;.
thence N 42°38'48" W a distance of 252.78';
Said portion contains 1.37 acres (59514 square feet), more or less
SUBJECT to all easements of record or apparent from visual inspection of the property.
Section 3
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions
of this ordinance are, and the same are hereby, repealed and all other provisions of the
ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall
remain in full force and effect.
Section 4
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in
full force and effect.
Section 5
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not
affect the validity of this ordinance as a whole, or any part or provision thereof, other than
the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity
of the Bozeman Municipal Code as a whole.
Section 6
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Codification.
This Ordinance shall not be codified but shall be kept by the City Clerk and entered
into a disposition list in numerical order with all other ordinances of the City and shall be
organized in a category entitled “Zone Map Amendments.”
Section 7
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
86
Ordinance 2025 - ____ Zoning Ordinance
Page 6 of 6
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the ___th day of _______________, 2025.
____________________________________
TERENCE 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
________________, 2025. The effective date of this ordinance is _____________, ____, 2025.
_________________________________
TERENCE CUNNINGHAM
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
87
Memorandum
REPORT TO:City Commission
FROM:Taylor Lonsdale, Transportation Engineer
Nicholas Ross, Director of Transportation and Engineering
SUBJECT:A Resolution Discontinuing, Abandoning, and Vacating the North-South
Alley, Parallel to Ida Avenue, Connecting East Cottonwood
Street and East Peach Street, in the Northeast of the City of Bozeman,
Gallatin County, Montana
MEETING DATE:June 17, 2025
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Consider the Motion: I Move to Adopt a Resolution Discontinuing,
Abandoning, and Vacating the North South Alley Right-of-Way Adjacent to
Lot 8 and Lots 11 through 21 between East Cottonwood Street and East
Peach Street within the 100 Block of the Northern Pacific Addition to
Bozeman, City of Bozeman, Gallatin County, Montana
STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a
mechanism to encourage economic development.
BACKGROUND:City of Bozeman Resolution 3628 defines the procedure for vacation
of streets or alleys. The City has received a petition to vacate the north-
south alley adjacent to Lot 8 and Lots 11 through 21 between East
Cottonwood Street and East Peach Street within the 100 Block of the
Northern Pacific Addition to Bozeman in compliance with Resolution 3628.
This alley runs north-south, parallel to Ida Avenue, in northeast Bozeman.
Note that this petition has previously been referenced as "Cloverleaf Alley".
Bozeman Commission has previously approved through Consent Item G.2 on
October 1, 2024 an acknowledgment of receipt of the petition and Consent
Item F.12 on May 20, 2025 Resolution 2025-19 declaring the intent to
abandon the identified alley.
Resolution 2025-19 also provided notice that the Commission would hold a
public hearing on the vacation at their regular meeting on Tuesday, June 17,
2025. The Notice of Intent to Vacate was published in the Bozeman Daily
Chronicle on May 24 and May 31, 2025. Mailed notices were sent on May
23, 2025. As of the time of staff report and this memo no objections or
public comment were received.
88
The Department of Transportation and Engineering has completed an
evaluation of the petition and attached a Staff Report containing a
recommendation of approval.
UNRESOLVED ISSUES:None.
ALTERNATIVES:Do not adopt resolution.
FISCAL EFFECTS:None
Attachments:
Exhibit A_N-S Alley_Cottonwood to Peach NE Bozeman_Alley
Exhibit.pdf
N-S Alley_Cottonwood to Peach NE Bozeman_vacation_Staff
Report_Final w Attachments.pdf
Resolution_2025-XX_-_Vacation_N-
S_Alley_Cottonwood_to_Peach_NE_Bozeman.docx
Report compiled on: May 5, 2025
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INTERSTATE 90BAXTERSIMMENTAL UNK19THLEAGRIFFINMANDEVILLEMAUSBOOT HILL
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REEVESORVILLE
SACCORAWHIDE
GALLATIN PARK
WHEAT7THI
NTERSTATE 900 0.25 0.5Miles
May 2024 Block 100 Alley Vacation
TRAX Partners
TRAX
Partners
BOZEMAN
TRAX
Partners
Crown Castle
NorthWestern
Energy State of MontanaMT Dept of
Transportation
BNSF
(MRL)
BOZEMAN, MT
September 2024 90
CITY ENGINEERING STAFF REPORT
Proposed alley vacation running north-south between East Cottonwood Street and East Peach Street within the
100 Block of the Northern Pacific Addition to Bozeman.
Background
A petition to vacate alley right-of-way running north-south between East Cottonwood Street and East
Peach Street within the 100 Block of the Northern Pacific Addition to Bozeman was received from
Cloverleaf, LLC and referred to staff for review. The Engineering Division reviewed the requested
abandonment by the criteria set forth in Commission Resolution 3628.
The alley, highlighted in red on Exhibits 1, 2 and 3, runs north-south between East Peach Street and East
Cottonwood Street. It was established as part of plat C-23 of the Northern Pacific Addition dedicated in
1883 (Exhibit 4). The alley, as with all alleys on the plat, has a width of 16 feet. It is 300 feet in length, for
a total of 4,800 square feet. The alley appears only on the plat of record and is not currently in use. The
alley is unpaved. Site photos and aerial imagery on Exhibit 2 indicate that portions of the alley were used
for storage by the previous owner and that there are mature trees growing in the alley.
The petition to vacate alley right-of-way was received from a developer, Cloverleaf LLC, with the intent
to facilitate more efficient future redevelopment of the adjacent parcels. Future redevelopment will be
required to be reviewed and approved through the applicable development application process.
Impact on Private and Public Utilities
No existing or proposed public or private utilities are located in the alley proposed for vacation. Exhibit 3
illustrates all public utilities serving the parcels adjacent to the alley.
Existing 6-inch public water mains are located within the rights-of-way of East Peach Street, North Ida
Avenue, and East Cottonwood Street. An existing 12-inch public water main is located within the right-
of-way of East Cottonwood Street. Fire hydrants are adjacent to the parcels on East Peach Street and
East Cottonwood Street.
An existing 6-inch public sanitary sewer main is located within the right-of-way of East Cottonwood
Street. An existing 8-inch public sanitary sewer main is located within the right-of-way of East Peach
Street. An existing 10-inch public sanitary sewer main is located within the right-of-way of Plum Avenue.
Existing 15-inch public stormwater mains are located within the right-of-way of East Peach Street.
Existing 8-inch public stormwater mains are located within the right-of-way of Plum Avenue.
As shown on Exhibit 5, power and communications utilities provide service from Ida Avenue to the
existing buildings adjacent to Ida Avenue. The structure closest to Plum Street is serviced via overhead
lines from East Peach Street and Plum Avenue.
This review demonstrates that no existing public or private utilities would be affected by this proposed
abandonment. Staff further reviewed the City’s water and sewer master facility plans and no known
91
improvements are scheduled that would be affected by the proposed abandonment. Future
redevelopment applications will be required to comply with utility standards and reviewed for impacts
on the surrounding utility network.
Impact on Traffic & Accessibility
The proposed alley vacation will not affect any existing traffic patterns, as the right-of-way is not
currently used for transportation. Upon review of the city’s Transportation Master plan, no projects
requiring use of this alley right-of-way were found. Future development applications will be required to
comply with transportation-related standards and reviewed for impacts on the surrounding streets,
intersections, and sidewalks.
Staff acknowledges that future development of the site adjacent to the proposed alley vacation will
generate trip demand that will cause impacts to the surrounding transportation network. Access to and
from the site will also likely be via alley access. However, loading future traffic demand onto the existing
alley proposed for vacation poses challenges to safety and operations along Peach and Cottonwood.
Peach Street is designated as a collector route. Along Peach Street, the intersection of the alley is not
adequately separated from the intersections of Ida Avenue and Plum Avenue. This spacing deficiency is
inconsistent with City intersection separation standards and potential safety and operational concerns.
Per Table 38.400.090-1 of the BMC, the minimum separation between public accesses along a Collector
street is 330 feet for full access and 150 feet for partial access. The distance between the alley and Plum
Avenue is 110 feet and therefore does not meet the minimum separation requirements.
The subject alley also intersection Cottonwood to the north at a sharp jog in horizontal alignment,
illustrated in Exhibit 1. If the alley were to service traffic, this intersecting location and substandard
geometry would cause significant safety and operational concerns.
For these reasons, staff finds positive benefit from vacation of the subject alley.
Impact on Fire, Police, and Other Emergency Services
No impact to these services were identified. Future development applications will be required to
provide adequate access for emergency services.
Impact on Garbage Collection and Maintenance
No impact to these services were identified. Future development applications will be required to
provide adequate access garbage collection.
Public Comment
As of the time that the Staff prepared this report NO objections to the vacation nor public comment on
the vacation were received.
92
Alternatives to Vacation
Staff has identified no alternatives to alley vacation that would accomplish the goals of the petition to
vacate. Further, denial of the alley vacation request will risk perpetuating the non-conforming access
spacing issue on Peach Street and intersection geometrics concern on Cottonwood.
Recommendation
Staff recommends approval of the proposed alley vacation. Vacation of the alley right-of-way as
requested by petition can be accomplished without detriment to public interest and has been found to
be the preferred alternative. The alley vacation would allow for the most efficient use of this property
for future redevelopment and improve public safety by reducing transportation challenges noted in this
report.
It is recommended that the existing east-west alley be extended to North Ida Avenue to provide east-
west connectivity through the block for future redevelopment. It is also recommended that the existing
east-west alley be widened to a minimum of 20 feet wide to meet the current alley width standard listed
in BMC 38.400.060.B.2. Staff recommends that the Resolution shall not be effective or recorded until a
continuous east-west alley easement, which is a minimum of 20 feet wide, from North Ida Avenue to
Plum Avenue is executed and recorded.
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GALLATIN PARK
WHEAT7THI
NTERSTATE 900 0.25 0.5Miles
May 2024 Block 100 Alley Vacation
TRAX Partners
TRAX
Partners
BOZEMAN
TRAX
Partners
Crown Castle
NorthWestern
Energy State of MontanaMT Dept of
Transportation
BNSF
(MRL)
BOZEMAN, MT
September 2024
EXHIBIT 1
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GALLATIN PARK
WHEAT7THI
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J,
(within City ROW)Abandon (within MRL ROW)
TRAX Partners
TRAX
Partners
BOZEMAN
Storm MainSewer Main Water Main
TRAX
Partners
Crown Castle
NorthWestern
Energy State of MontanaMT Dept of
Transportation
BNSF
(MRL)
BOZEMAN, MT
Feet
400200Alley, Block 100, Northern Pacific
Addition to Bozeman
Alley AbandonmentApril 29th, 2024
E. COTTONWOOD ST.
E. PEACH ST.IDA AVE.PLUM AVE.E.
A
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CLOVERLEAF, LLC
CLOVERLEAF, LLC
CLOVERLEAF, LLC
September 2024
EXHIBIT 2
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0 0.25 0.5Miles
TRAX Partners
TRAX
Partners
BOZEMAN
Storm MainSewer Main Water Main
TRAX
Partners
Crown Castle
NorthWestern
Energy State of MontanaMT Dept of
Transportation
BNSF
(MRL)
Feet
400200Alley, Block 100, Northern Pacific
Addition to Bozeman
Existing Public UtilitiesMay 2024
E. COTTONWOOD ST.
E. PEACH ST.IDA AVE.PLUM AVE.E.
A
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Alley Location
September 2024
EXHIBIT 3
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EXHIBIT 4
97
11-24-24
EXHIBIT 5
98
Version April 2020
RESOLUTION 2025-XX
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DISCONTINUING, ABANDONING AND VACATING THE NORTH
SOUTH ALLEY RIGHT-OF-WAY ADJACENT TO LOT 8 AND LOTS 11 THROUGH 21
BETWEEN EAST COTTONWOOD STREET AND EAST PEACH STREET WITHIN
THE 100 BLOCK OF THE NORTHERN PACIFIC ADDITION TO BOZEMAN, CITY OF
BOZEMAN, GALLATIN COUNTY, MONTANA.
WHEREAS, city engineering staff has determined it is in the best interest of the City of
Bozeman and the public to abandon the north south alley right-of-way between East Cottonwood
Street and East Peach Street, as shown in Exhibit A attached hereto; and
WHEREAS, it appears to the City Commission that the subject alley right-of-way can
be vacated without detriment to the public interests;
WHEREAS, it appears to the City Commission to be in the best interests of the City of
Bozeman and the inhabitants therein that said right-of-way be vacated, provided that said vacation
does not affect the right of any public utility to continue to maintain its utilities and equipment in
said rights-of-way;
WHEREAS, pursuant to Resolution 3628, upon the passage of Resolution 2025-19, on
May 20, 2025 the City Clerk published notice in the Bozeman Daily Chronicle, pursuant to 7-1-
4127, MCA, and mailed notice to the affected property owners according to the list provided by
city engineering staff; and
99
Version April 2020
WHEREAS, on June 17, 2025 the City Commission held a public hearing to consider
the issue of abandoning or vacating the property described in Section 1 of this Resolution;
WHEREAS, at the public hearing, the City Commission made findings concerning the
objection or lack of objection, percentage of owners making the request, whether the action can be
done without detriment to the public interest, and whether there are any public utility easements;
and
WHEREAS, at the conclusion of the public hearing, the City Commission voted to
approve the petition.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana:
Section 1
Abandonment and Vacation
It is hereby declared by the City Commission of the City of Bozeman, Montana, to
abandon and vacate the north south alley right-of-way between East Cottonwood Street and East
Peach Street described below:
A north south strip of land sixteen (16) feet wide adjacent to lot 8 and lots 11 through 21
between East Cottonwood Street and East Peach Street within the 100 block of the
Northern Pacific Addition to Bozeman, City of Bozeman, Gallatin County, Montana.
All as shown on the attached Exhibit A.
The vacation does not affect the right of any public utility to continue to maintain existing
utilities and equipment in the street right-of-way.
100
Version April 2020
Section 2
Fee Title to Revert to Cloverleaf Property LLC
The fee title to the land where the right-of-way will be discontinued will be declared,
upon adoption of this resolution discontinuing the alley, to revert to the owner of the adjacent lots
(Lots 11 through 20, Block 100, Northern Pacific Addition), for their benefit.
Section 3
Filing with County Clerk and Recorder
By adoption of this Resolution, and in compliance with Resolution 3628, the City
Commission of the City of Bozeman hereby directs that a copy of this Resolution and a plat revised
accordingly by the owner of Lots 11 through 20, Block 100, Northern Pacific Addition, depicting
the changes approved herein be filed with the Gallatin County Clerk and Recorder.
This Resolution shall not be effective or recorded until a continuous east-west alley
easement or right-of-way, which is a minimum of 20 feet wide, from North Ida Avenue to Plum
Street is executed and recorded.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 17th day of June, 2025.
___________________________________
TERENCE CUNNINGHAM
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
101
Version April 2020
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
102
Memorandum
REPORT TO:City Commission
FROM:Taylor Lonsdale, Transportation Engineer
Nicholas Ross, Director of Transportation and Engineering
SUBJECT:A Resolution Changing the Name of Elaine Lane to Fly Fisher Run
MEETING DATE:June 17, 2025
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Consider the Motion: After incorporating the information in the staff report,
oral findings made by the Commission during the public hearing, information
contained in the proposed resolution, and after considering all protests and
public comment, I hereby move to adopt the Resolution to change the name
of Elaine Lane to Fly Fisher Run.
STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other
public agencies and build on these successes.
BACKGROUND:City of Bozeman Resolution 3628 defines the procedure for changes in name
and vacation of streets or alleys. The City of Bozeman received a request
from a resident to change the name of Elaine Lane to Fly Fisher Run. Staff
notes that a previous petition proposing to change the name to Naughty
Trout Run was withdrawn by the applicant.
Bozeman Commission has previously approved through Consent item G.8 on
May 6, 2025 an acknowledgment of receipt of the current petition to change
the name of Elaine Lane to Fly Fisher Run and Consent Item F.13 on May 20,
2025 Resolution 2025-20 declaring the intent to rename Elaine Lane to Fly
Fisher Run.
Resolution 2025-20 also provided notice that the Commission would hold a
public hearing on the name change at their regular meeting on Tuesday,
June 17, 2025. The Notice of Intent to change the name of Elaine Lane to Fly
Fisher Run was published in the Bozeman Daily Chronicle on May 24 and
May 31, 2025 and notice was mailed to property owners on Elaine Lane.
The Department of Transportation and Engineering has completed an
evaluation of the petition and attached a Staff Report. At the time of the
preparation of the staff report and this memo, NO objections have been
received from property owners and NO public comment has been received.
Staff identifies no detriment to the public interest in changing the name of
Elaine Lane to Fly Fisher Run.
103
UNRESOLVED ISSUES:None
ALTERNATIVES:Do not adopt the resolution.
FISCAL EFFECTS:None.
Attachments:
Exhibit A_Proposed Elaine Lane to Fly Fisher Run.pdf
Final Staff Report - Elaine Lane to Fly Fisher Run Street Name
Change.pdf
Exhibit B_COS 3030.pdf
Exhibit C_Minor Subdivision 394.pdf
Petition_Change the Name of Elaine Lane to Fly Fisher
Run.pdf
Resolution_2025-XX_Elaine_Lane_to_Fly_Fisher_Run.docx
Report compiled on: June 10, 2025
104
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ENGINEERING AND TRANSPORTATION STAFF REPORT
Proposal to change the street name “Elaine Lane” to “Fly Fisher Run.”
Background
Elaine Lane is a short, dead-end street located off Springhill Road, just north of the
Riverside Country Club and the Riverside Greens Subdivision and just south of
Stonegate Drive. Elaine Lane is located in Section 23, Township 1 South, Range 5
East. Elaine Lane is identified and described in the final plat for Minor Subdivision
394. Elaine Lane is privately maintained. The owners of Lot 1 of Minor Subdivision
394, at the end of Elaine Lane have petitioned for a name change. Initially, it was
believed that the petition would go through Gallatin County for approval, as the Lot
1 lies outside the city limits. However, Elaine Lane was annexed into the City of
Bozeman in 2022, via Resolution 5355, and therefore the matter is under the
jurisdiction of the Bozeman City Commission for review.
Impact on adjacent property
At present, three properties take public access from Elaine Lane. One is owned the
petitioners, Craig and Alice Robinson and the other two are owned by Riverside
Country Club, Inc. Changing the name from Elaine Lane will not change the public
access to these properties.
There are currently two addresses assigned from Elaine Lane. One assigned to the
parcel owned by the petitioners and the other assigned to a parcel owned by
Riverside Country Club, Inc. These are the only addresses that would be directly
impacted by the proposed name change. The cost of changing the addresses for
these properties is expected to be minimal, and the responsibility for covering this
cost would fall to the respective property owners. The responsibility for installation
of the new street sign and all costs associated with the new street sign, including
installation and future maintenance, will be the responsibility of the property
owners along this private road.
Impact on Traffic & Accessibility
As discussed previously, the proposed name change will not impact the accessibility
of the City’s street network. There are no known changes to the adjacent properties
and no traffic impact is anticipated with the name change. The road's function and
the flow of traffic will remain unaffected by the name change.
106
Impact on Fire, Police, and Other Emergency Services
If the proposed name change is approved, the City Engineering Department will
notify emergency services to ensure they are aware of the update. Additionally, the
City’s GIS Department will update both online and hard copy maps to reflect the
change. The impact on police, fire, and other emergency services is expected to be
negligible, as the change involves only three private properties with minimal
disruption to existing operations.
Impact on Garbage Collection and Maintenance
If the proposed name change is approved, the City Engineering Department will
notify the solid waste department of the update. However, the impact on the City’s
solid waste department is expected to be negligible, as the change involves only a
small number of properties and will not significantly affect their operations.
Impact on Private & Public Utilities
The proposed street name change will have no impact on private or public utilities.
Public Comment
No objections or public comment were received prior to the preparation of this
report.
Alternative Considerations
The street name could be left as “Elaine Lane.” The street would continue to
function as is with no changes to addresses or access.
Recommendation
Changing the name “Elaine Lane” to “Fly Fisher Run” can be done without detriment
to the public interest.
107
Exhibit B
108
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Exhibit C
111
112
113
114
115
116
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118
119
120
121
122
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RESOLUTION 2025-XX
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOZEMAN, MONTANA, TO CHANGE THE NAME OF
ELAINE LANE TO FLY FISHER RUN IN THE CITY OF
BOZEMAN, MONTANA.
WHEREAS, this Commission, on May 20, 2025, adopted Resolution 2025-20 (the
Resolution of Intention), pursuant to which this Commission declared its intention to rename
Elaine Lane, a street shown on Certificate of Survey (COS) 3030, in the City of Bozeman,
Montana, to Fly Fisher Run, as allowed under Montana Code Annotated, Title 7, Chapter 14, Part
41; and
WHEREAS, notice of passage of the Resolution of Intention was duly published in the
Bozeman Daily Chronicle on May 24, 2025 and May 31, 2025, which is on file with the City Clerk
of the City of Bozeman, and;
WHEREAS, notice of the adoption of said Resolution has been mailed, in all respects
in accordance with law, to all persons who own property that abuts the above described street, and;
WHEREAS, said notice, as published and noticed, designated the 17 day of June 2025,
at 6:00 o’clock p.m., in the Commission Room in the City Hall Building, Bozeman, Montana, as
the time and place for hearing objections; and
WHEREAS, within the Protest Period, 0 protests were filed with the City Clerk; and
WHEREAS, it is in the best interests of the City of Bozeman, and the inhabitants therein,
that said Elaine Lane, shown on Certificate of Survey (COS) 3030, in the City of Bozeman, be re-
named Fly Fisher Run.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, to wit: the Road Name of Elaine Lane, shown on Certificate of Survey COS
3030, in the City of Bozeman, as shown on the map attached as Exhibit A, shall be approved and
changed to Fly Fisher Run.
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The Clerk of the Commission of the City of Bozeman is hereby directed to record this
Resolution in the Gallatin County Clerk and Recorder’s office, and
The City of Bozeman Engineering Department is hereby directed to notify all persons
who own property that abuts the above-described street of their new addresses along said street.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 17th day of June 2025.
TERENCE CUNNINGHAM
Mayor
ATTEST:
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
GREG SULLIVAN
City Attorney
126
CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE
I, the undersigned, being the duly qualified and acting recording officer of the City of Bozeman,
Montana (the “City”) hereby certify that the attached resolution is a true copy of Resolution 2025-XX
entitled: “A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, TO CHANGE THE NAME OF ELAINE LANE TO FLY FISHER RUN IN
THE CITY OF BOZEMAN, MONTANA.” (the “Resolution”), on file in the original records of
the City in my legal custody; that the Resolution was duly adopted by the City Commission of the
City at a meeting on June 17, 2025, and that the meeting was duly held by the City Commission
and was attended throughout by a quorum, pursuant to call and notice of such meeting given as
required by law; and that the Resolution has not as of the date hereof been amended or repealed.
I further certify that, upon vote being taken on the Resolution at said meeting, the following
Commissioners voted in favor thereof:
voted against the same:
abstained from voting thereon:
or were absent:
WITNESS my hand officially this 17th day of June 2025.
MIKE MAAS
City Clerk
127