HomeMy WebLinkAbout07-01-2025- City Commission Agendas & Packet Materials (2)A. 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. Authorize Absence
D.1 Authorize the Absence of Mayor Terry Cunningham (Newby)
E. FYI
F. Commission Disclosures
G. Approval of Minutes
THE CITY COMMISSION OF BOZEMAN, MONTANA
REGULAR MEETING AGENDA
Tuesday, July 1, 2025
How to Participate:
If you are interested in commenting in writing on items on the agenda please send an email to
comments@bozeman.net or visit the Public Comment Page prior to 12:00 p.m. on the day of the
meeting. At the direction of the City Commission, anonymous public comments are not distributed to
the City Commission or staff.
Public comments will also be accepted in-person and through video conference during the appropriate
agenda items but you may only comment once per item.
As always, the meeting will be recorded and streamed through the Commission's video page and
available in the City on cable channel 190.
For more information please contact the City Clerks' Office at 406.582.2320.
This meeting will be held both in-person and also using an online video conferencing system. You
can join this meeting:
Via Video Conference:
Click the Register link, enter the required information, and click submit.
Click Join Now to enter the meeting.
Via Phone: This is for listening only if you cannot watch the stream, channel 190, or attend in-
person
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+1 669 900 9128
Access code: 933 7244 1920
Consider the Motion: I move to authorize the absence of Mayor Terry Cunningham.
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G.1 Approval of Regular Meeting Minutes - 03-11-25 City Commission Meeting Minutes (Maas)
H. Consent
H.1 Accounts Payable Claims Review and Approval (Edwards)
H.2 Authorize the City Manager to Sign an Annual Renewal with DocuSign for Electronic
Signature Software(Maas)
H.3 Authorize the City Manager to Sign a Notice of Award to Smith River Construction LLC. for
Crack Repair in the Bridger Garage and Construction documents when received.(Focken)
H.4 Authorize the City Commission to Ratify the Assignment of the Ownership, Location, and
Maintenance of Transit Shelters Located within the City of Bozeman from HRDC to Gallatin
Valley Urban Transportation District(Giuttari)
H.5 Authorize the City Commission to Ratify the assignment of the Real Property Lease for Site
of Human Resource Development Council, Inc. Public Transportation Storage and Repair
Facility(Giuttari)
H.6 Authorize the City Manager to sign a contract with All Seasons Montana LLC to restripe the
downtown public parking lots.(Focken )
H.7 Authorize the City Manager to sign the 2nd Amendment to the PSA with TLC Septic and
Excavation Inc. for Portable Toilet Services(Bailey)
H.8 Resolution Authorizing Change Order No. 3 with CK May Excavating, Inc. For the 2024 Street
and Utility Improvements Project(Johnson)
H.9 Final Adoption of a Zone Map Amendment 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)
I. Public Comment on Non-agenda Items Falling Within the Purview and Jurisdiction of the
Commission
J. Action Items
J.1 The 2025 Gallatin Center Zone Map Amendment Requesting an Amendment to the City
Zoning Map from B-P (Business Park) and B-2 (Community Commercial) to B-2M
Consider the Motion: I move to approve the combined City Commission minutes as submitted.
This is the time to comment on any matter falling within the scope of the Bozeman City
Commission. There will also be time in conjunction with each agenda item for public comment
relating to that item but you may only speak once per topic. Please note, the City Commission
cannot take action on any item which does not appear on the agenda. All persons addressing the
City Commission shall speak in a civil and courteous manner and members of the audience shall be
respectful of others. Please state your name, and 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.
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(Community Commercial Mixed-Use) on 68.33 Acres. The Property is located at located on
the northwest corner of North 19th Avenue and Baxter Lane; Application 24626(Rogers)
J.2 A Resolution Adopting Alternate Side Parking Regulations on Local Streets for the Purpose
of Winter Maintenance(Ross)
K. FYI / Discussion
L. Adjournment
Consider the 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 24626 and move to recommend approval of the Gallatin Center Zone Map Amendment,
with contingencies required to complete the application processing.
Consider the Motion: I move to approve a Resolution adopting alternate side parking regulations on
local streets for the purpose of winter maintenance.
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:Alex Newby, Deputy City Clerk
Mike Maas, City Clerk
SUBJECT:Authorize the Absence of Mayor Terry Cunningham
MEETING DATE:July 1, 2025
AGENDA ITEM TYPE:Administration
RECOMMENDATION:Consider the Motion: I move to authorize the absence of Mayor Terry
Cunningham.
STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver
information to the community and our partners.
BACKGROUND:Mayor Cunningham notified the Commission of the intended absence.
UNRESOLVED ISSUES:None.
ALTERNATIVES:None.
FISCAL EFFECTS:None.
Report compiled on: June 24, 2025
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Memorandum
REPORT TO:City Commission
FROM:Alex Newby, Deputy City Clerk
Mike Maas, City Clerk
Jon Henderson, Assistant City Manager
SUBJECT:Approval of Regular Meeting Minutes - 03-11-25 City Commission Meeting
Minutes
MEETING DATE:July 1, 2025
AGENDA ITEM TYPE:Minutes
RECOMMENDATION: Consider the Motion: I move to approve the combined City Commission
minutes as submitted.
STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver
information to the community and our partners.
BACKGROUND:In 2013, The Clerks' Office identified goals related to the Commission’s
priority of Improving Technology Utilization and Proficiency.
Improvements included:
• Live streaming broadcast of the City Commission Meeting
• Meeting efficiency
• Better access of meeting information for staff and the public
• Time savings
• Streamlined approach to citizen involvement and public comment In
addition to the City Commission, many City Boards utilize the system as well.
Beginning January 5, 2021 meetings in the Granicus platform have been
closed captioned. Those captions are searchable using the advanced search
option on our video view page.
Users are always welcome to contact the City Clerks' Office at 406.582.2320
or email BozemanClerksDepartment@bozeman.net for assistance.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As determined by the Commission.
FISCAL EFFECTS:None.
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Attachments:
03-11-25 City Commission Meeting Minutes.pdf
Report compiled on: May 28, 2025
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Bozeman City Commission Meeting Minutes, March 11, 2025
Page 1 of 6
THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
March 11, 2025
Present: Terry Cunningham, Joey Morrison, Jennifer Madgic, Emma Bode
Absent: None
Excused: Douglas Fischer
Staff at the Dias: City Manager (CM) Chuck Winn, City Attorney (CA) Greg Sullivan, Deputy City Clerk
(DCC) Alex Newby
A) 00:05:34 Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse
B) 00:07:34 Pledge of Allegiance and a Moment of Silence or Mindfulness
C) 00:08:59 Authorize Absence
C.1 Authorize the Absence of Commissioner Douglas Fischer
00:09:11 Motion to approve Consider the Motion: I move to authorize the absence of Commissioner
Douglas Fischer
Jennifer Madgic: Motion
Emma Bode: 2nd 00:09:13 Vote on the Motion to approve: I move to authorize the absence of Commissioner Douglas
Fischer The Motion carried 4 - 0.
Approve:
Terry Cunningham
Joey Morrison
Jennifer Madgic
Emma Bode
Disapprove:
None
7
Bozeman City Commission Meeting Minutes, March 11, 2025
Page 2 of 6
D) 00:16:08 FYI
• Commissioner Bode acknowledged that at last meeting she asked specific questions pertaining
to a letter concerning the Laurel Glen annexation without staff present to
answer. Commissioner Bode recommitted to identifying items that need more digging from staff
before meetings.
• Mayor Cunningham announced State of the City at noon Monday the 24th and sometime on
Wednesday the 26th of March.
• CM Winn shared the J. Mayer, Cooper Park Sign adventure. And Benefit Hockey Game on March
28th, 6 pm Haynes Pavilion between Police and Fire.
E) 00:09:28 Commission Disclosures
F) 00:09:41 Consent
F.1 Accounts Payable Claims Review and Approval
F.2 Authorize the City Manager to Ratify the Grant Application to Montana State Historic
Preservation for the Story Mansion Carriage House Rehabilitation
Carriage_House_grant_notification.pdf
SHPO Grant_Story Mansion Carriage House_Application.pdf
F.3 Authorize the City Manager to Ratify the Bozeman Fire Department HazMat Grant
Application to Montana State Disaster and Emergency Services
Jason Kolman - Application.pdf
F.4 Formal Cancellation of the March 18, 2025 Regular City Commission Meeting
F.5 Authorize the City Manager to Sign a Waiver of Affordable Housing Provision in Laurel
Glen Annexation Agreement
Laurel Glen Annexation Agreement.pdf
Rosa III Waiver of Affordable Housing Provision.pdf
F.6 Ratify the Signature of the City Manager for an Agreement for Purchase of Furniture and
Related Services for the City Hall Renovation Project under Cooperative Purchasing
Agreements
City Hall Renovation Furniture and Services Purchase Agreement - Signed.pdf
F.7 Authorize the City Manager to Sign a Funding, Construction, and Maintenance
Agreement with the Montana Department of Transportation for the SF 179 Kagy
Sourdough Signal Project, HSIP-G 1299(53), UPN 964400
SF_179_Kagy_Sourdough_Signal_Project_HSIP-
G_1299_53_UPN_964400_Agreement_for_signature.docx
F.8 Authorize the City Manager to Sign a Professional Services Agreement with Langlas &
Associates for I-Ho Peace Park
Professional Services Agreement_I-Ho Peace Park.docx
Pre-Construction Proposal I Ho Peace Park signed JH Exhibit A.pdf
F.9 Authorize the Interim City Manager to Sign a Professional Services Agreement with the
Center for Public Safety Management LLC
PSA - CPSM.pdf
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Bozeman City Commission Meeting Minutes, March 11, 2025
Page 3 of 6
F.10 Authorize the Interim City manager to Sign a Professional Service Agreement with
CityScape Consultants, Inc. for Legal Services for Telecommunications including
Updating Ordinances, Permitting of New Facilities, and Licensing Use of City Facilities
FINAL CityScape- Bozeman PSA.pdf
2502024 CityScape Scope of Services.FINAL.pdf
F.11 Authorize the City Manager to Sign a Professional Service Agreement with Cushing
Terrell for Bogert Pool Renovation Design Services.
B121-2018 - Working Draft - 001 - (Cushing Terrell - Bogert).pdf
F.12 Authorize City Manager to Sign a Professional Service Agreement with Jackson
Contracting for City of Bozeman Bogert Pool Renovation Preconstruction Services.
Pre-Construction Services Conditions - (Jackson Contracting - Bogert).pdf
F.13 Authorize the City Manager to Sign a Professional Services Agreement with Green
Gardens Group LLC. for a Bozeman Watershed Wise Landscape Education Series
Professional Services Agreement_G3_Water Wise Landscape Webinar Series.pdf
Exhibit A_G3_Scope of Services .pdf
F.14 Authorize the City Manager to Sign an Amendment 1 of a Professional Services
Agreement with Rock Steady Movers for Bozeman City Hall Phase 2 Move Services
PSA Amendment 001 (Rock Steady Movers).pdf
F.15 Authorize the City Manager to Sign a Task Order Number 10 for the Right-of-way
Acquisition Project with Sanbell for Properties Necessary to Construct Fowler Avenue
from Oak to Durston and North 27th from Baxter to Cattail
Right of Way Acquisition Task Order 10.pdf
00:09:45 CM Winn presented the Consent Highlights
00:11:46 Public Comment
00:11:58 Alison Sweeney commented on Historic Properties in Bozeman.
00:15:42 Motion to approve: I move to approve Consent Items F.1 - 10 and F. 13 - 15 as submitted.
Emma Bode: Motion
Joey Morrison: 2nd
00:15:53 Vote on the Motion to approve: I move to approve Consent Items F.1 - 10 and F. 13 - 15 as
submitted. The Motion carried 4 - 0.
Approve:
Terry Cunningham
Joey Morrison
Jennifer Madgic
Emma Bode
Disapprove:
None
9
Bozeman City Commission Meeting Minutes, March 11, 2025
Page 4 of 6
G) 00:21:20 Public Comment on Non-agenda Items Falling Within the Purview and
Jurisdiction of the Commission
00:22:14 Anja Linke spoke about a survey Forward Montana held.
00:24:56 Katherine Berry on behalf of Gallatin Watershed Council commented on water
resources in Bozeman.
00:26:30 Gracie Caldwell commented in favor of creating a Student Advisory Board to the
Commission.
00:27:34 Alison Sweeney commented on UDC Engagement.
H) 00:29:50 Special Presentation
H.1 Solid Waste Organics Management Program Update
SW25-011 Organics_InfoSheet R1.pdf
SW25-014 Organics_P1_1080x1350 R1.pdf
SW25-014 Organics_P1_1080x1080 R1.pdf
SW25-013 Truck_DirtyDeeds.pdf
00:29:59 CM Winn introduced Special Presentation H.1
Staff Presentation
00:30:16 Engineering and Transportation Director (ETD) Nick Ross presented Solid Waste
Organics Management Program, What?, Where?, Why?, How?, Background, Sustainability Board Work
Session - August 2023, Select Survey Results, Service and Benefits, Next Steps, How to Sign Up, Shared
Creative Materials.
H.2 00:43:00 State of the Courts Address
00:43:13 CM Winn introduced Special Presentation H.2
Staff Presentation
00:43:43 Judge Karolina Tierney presented the State of the Municipal Court, Overview of the
Municipal Court, Intro to the Bozeman Municipal Court, Purpose and Functionality, Court Calendar,
Where are We Located, By the Numbers, Who We Are, Clerk Responsibilities, Number of Citations, Jury
Trials and Appeals, Restitution Collection, Treatment Courts and Diversion/Alternate Sentencing
Programs, Treatment Courts, Bridgers Treatment Court, VETS Treatment Court, No Insurance and
Driving While Suspended Programs, Future Development, Food for Fines, Update Municipal Court
Website, Conclusion.
01:04:35 Questions of Judges
I) 01:20:39 Action Items
I.1 Review and Consider the Alsentzer Variance for 701 N Montana Ave, Application 24655
(Quasi-judicial)
24655 CC Staff Report.pdf
01:20:42 CM Winn presented Action Item I.1
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Bozeman City Commission Meeting Minutes, March 11, 2025
Page 5 of 6
Staff Presentation
01:22:03 Associate Planner (AP) Zachary Moon presented the Alsentzer Variance, 701 N.
Montana, App 24655, Staff Visit to Site Images, Site Plan, Map of Site, Public Comment, Review Criteria,
Recommendation.
Questions of Staff
01:56:06 Applicant Presentation
Guy Alsentzer presented the Variance Request, Who, What, Where, Why, The Variance Satisfies
Required Criteria
Questions of Applicant
02:28:30 Mayor called the meeting into recess
02:35:51 Mayor Cunningham called the meeting into session
Public Comment
02:36:14 John Barsmoth commented in opposition to the variance.
02:38:55 Motion to adopt: Having reviewed and considered the application materials, public comment,
and all the information presented, I hereby adopt the findings presented in the staff report for
application 24655 and move to deny the variance subject to all applicable code provisions.
Jennifer Madgic: Motion
Emma Bode: 2nd
Discussion
02:55:49 Vote on the Motion to adopt: Having reviewed and considered the application materials, public
comment, and all the information presented, I hereby adopt the findings presented in the staff report for
application 24655 and move to deny the variance subject to all applicable code provisions. The Motion
carried 4 - 0.
Approve:
Terry Cunningham
Joey Morrison
Jennifer Madgic
Emma Bode
Disapprove:
None
11
Bozeman City Commission Meeting Minutes, March 11, 2025
Page 6 of 6
J) 02:56:24 FYI / Discussion
• Commissioner Bode asked why the city lot on Centennial Park doesn't have a sidewalk.
L) 02:56:56 Adjournment
___________________________________
Terry Cunningham
Mayor
ATTEST:
___________________________________
Mike Maas
City Clerk
PREPARED BY:
___________________________________
Alex Newby
Deputy City Clerk
Approved on: July 1, 2025
12
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:July 1, 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 July 9, 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
13
Memorandum
REPORT TO:City Commission
FROM:Alex Newby, Deputy City Clerk
Mike Maas, City Clerk
Jon Henderson, Assistant City Manager
SUBJECT:Authorize the City Manager to Sign an Annual Renewal with DocuSign for
Electronic Signature Software
MEETING DATE:July 1, 2025
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign an Annual Renewal with DocuSign for
Electronic Signature Software
STRATEGIC PLAN:6.3 Climate Action: Reduce community and municipal Greenhouse Gas
(GHG) emissions, increase the supply of clean and renewable energy; foster
related businesses.
BACKGROUND:In September of 2021, the City of Bozeman consolidated numerous
individual and departmental accounts into an Enterprise account with
DocuSign to more closely track usage and related expenditures through a
Master Services Agreement. This agreement allowed the City to better gauge
its organizational wide usage and to appropriately identify future costs.
Based on actual usage the City is increasing its allocation for electronic
signature usage as represented by the new renewal amount.
In August 2024, an annual renewal agreement was approved by the City
Commission. This year's renewal is a continuation with updated volume
based on actual usage by all City Departments.
UNRESOLVED ISSUES:None identified.
ALTERNATIVES:As per Commission
FISCAL EFFECTS:The $45,818.62 annual cost is within the appropriated amount for the City
Clerks' operating budget.
Attachments:
Docusign Annual Renewal
Report compiled on: June 18, 2025
14
Page 1 of 4
ORDER FORM
Address Information
Bill To: Ship To:
City of Bozeman City of Bozeman
PO Box 1230,
Bozeman, MT, 59771
United States
PO Box 1230,
Bozeman, MT, 59771
United States
Billing Contact Name: Shipping Contact Name:
Mike Maas Mike Maas
Billing Email Address:
mmaas@bozeman.net
Shipping Email Address:
mmaas@bozeman.net
Billing Phone:
406-582-2321
Shipping Phone:
406-582-2321
Order Details
Order Start Date: Jul 1, 2025 Payment Method: Check
Order End Date: Jun 30, 2026 Payment Terms: Net 30
Billing Frequency: Annual Currency: USD
Products
Product Name Subscription No. Start Date End Date Quantity Net Price
eSignature Enterprise Pro Edition - Envelope
Subs.
SUB-3340883-1 Jul 1, 2025 Jun 30, 2026 6,500 $ 38,182.17
Gold Success Pack SUB-3340883-1 Jul 1, 2025 Jun 30, 2026 1 $ 7,636.45
Grand Total: $45,818.62
Product Details
eSignature Envelope Allowance: 6,500
Docusign, Inc.
221 Main Street, Suite 800
San Francisco, CA 94105
Offer Valid Through: Jul 1,
2025
Prepared By: Stuart Kendall
Quote Number: Q-01786626
15
Page 2 of 4
Overage/Usage Fees
eSignature Enterprise Pro Edition - Envelope Subs. (Per Transaction): $8.80
Order Special Terms
Customer agrees to allow Docusign to publish, use and/or reproduce the Customer's name
and logo in marketing materials and investor-related content.
Customer is willing to partner with Docusign to: (a) produce a written case study and/or video
testimonial on Customer’s use of Docusign and associated business results to be featured on
Docusign website and in marketing campaigns; and (b) share Customer’s name and
Docusign use case and associated business results with press, in media publications and in
thought leadership content. Docusign will reach out to Customer during the Term regarding
these opportunities.
Customer is willing to partner with Docusign to: (a) act as a reference for Docusign and speak
with Docusign customers and prospects about Customer’s use of Docusign and associated
results; (b) speak with analysts about their company's use of Docusign and associated results
for use in analyst reports and whitepapers; and (c) speak at Docusign 1st and 3rd party
events about Customer’s use of Docusign and associated results. Docusign will reach out to
Customer during the Term regarding these opportunities.
Terms & Conditions
This Order Form is governed by the terms Master Services Agreement available online at:
https://www.docusign.com/legal/terms-and-conditions/msa and the applicable Service
Schedule(s) and Attachments for the Docusign Services described herein available online at
https://www.docusign.com/legal/terms-and-conditions/msa-service-schedules.
QA Sandbox is also subject to the Terms and Conditions for Docusign Sandboxes available
online at: https://www.docusign.com/company/terms-and-conditions/developers.
Billing Information
Prices shown above do not include any sales, use, value added (VAT), goods and services (GST),
and/or any other similar taxes, duties, levies and or charges of any nature that might be imposed
or required to be collected (collectively “taxes”) by Docusign. Any such taxes are the responsibility
16
Page 3 of 4
of the Customer and will appear on the final invoice(s), as applicable. Taxes are calculated based
on the ship-to location listed on your order form.
Invoice(s) for this order will be emailed automatically from invoicing@erp.docusign.com.
Please make sure this email address is on an approved setting or safe senders list, so notifications
do not go to a junk folder or get caught in a spam filter.
For U.S. Customers
Is the contracting entity exempt from sales tax?
Please select Yes or No: \clmtax1\
Docusign, Inc. uses Avalara's CertExpress to securely collect digital exemption certificates.
When selecting "Yes" for tax exemption, a link will be sent to the Bill-To contact listed on this
order form to submit your tax exemption certificate through CertExpress.
For Non U.S. Customers
Verify that the VAT, GST, TIN, or similar tax identification number below is correct, or provide the
correct number to your Docusign contact. If the VAT, GST, or TIN identification number is not
populated below, it will be assumed that you are not a VAT/GST registered taxpayer.
VAT, GST, TIN or similar tax identification number: \clmvt1\
For other tax exemption requests, please email the applicable tax exemption
documentation to taxexempt@docusign.com.
Purchase Order Information
Is a Purchase Order (PO) required for the purchase or payment of the products on this Order
Form?
Please select: \clmpor1\
By marking “No”, Customer agrees to process payment for any invoices issued pursuant to this
Order Form without a PO Number.
If yes, please complete the following information, and attach your PO (if available), and the
invoice will be issued referencing such PO Number:
PO Number: \clmpo1\
Please attach PO Attachment here: \clmpoatt1\
17
Page 4 of 4
If “Yes” is marked, but a PO Number is not provided or a PO document is not attached, then
Customer agrees to provide the PO information or PO document to Docusign at its earliest
convenience by sending to POSubmission@docusign.com referencing this Quote Number, but
agrees to still process payment per the agreed upon terms.
If Customer has attached a PO (or other document) to this Order Form, Customer acknowledges
and agrees that any additional or conflicting terms appearing in such PO (or any other document)
are invalid.
The below signatories are authorized, on behalf of their respective Parties, to execute
this Order Form and to agree to the terms herein as of the Order Start Date.
Customer
Docusign, Inc.
Signature: \clmsi1\
Signature: \clmsi3\
Name: \clmna1\ Name: \clmna3\
Job Title: \clmti1\ Job Title: \clmti3\
Date: \clmds1\ Date: \clmds3\
\clmin2\
18
Memorandum
REPORT TO:City Commission
FROM:Nic Focken, Parking Manger Ben Bailey, Neighborhood Services and Code
Compliance Program Manger
SUBJECT:Authorize the City Manager to Sign a Notice of Award to Smith River
Construction LLC. for Crack Repair in the Bridger Garage and Construction
documents when received.
MEETING DATE:July 1, 2025
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign a Notice of Award to Smith River
Construction LLC. for Crack Repair in the Bridger Garage and Construction
documents when received.
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:Attached is a copy of the Notice of Award for the above referenced project.
This project generally involves the repair and sealant of cracks in the
concrete of the Bridger Garage.
The contract to be completed no later than October 30th, 2025.
Bids for the above-referenced project were opened on April 30th with 2 bids
being submitted. The low bid was submitted by Smith River Construction LLC
in the amount of $119,050.00.
UNRESOLVED ISSUES:None
ALTERNATIVES:Per Commission
FISCAL EFFECTS:The project is in FY25 CIP but is being carried forward to FY26 under the
code P031.
Attachments:
Notice of AWARD - 2025 Bridger Garage Crack Repair.docx
Report compiled on: June 17, 2025
19
NOTICE OF AWARD
Dated: __________________________
TO: Smith River Construction, LLC
ADDRESS: 2109 Vaughn Rd Great Falls, MT 59404
PROJECT: Bridger Garage Crack Sealant
CONTRACT FOR: Concrete & Scaling Repair
You are notified that your Bid dated April 30th, 2025, for the above Contract has been considered. You are
the apparent Successful Bidder and have been awarded a Contract for crack sealing of the Bridger
Parking Garage.
The Contract Price of your Contract is: one hundred nineteen thousand fifty Dollars ($119,050.00).
Three copies of the proposed Contract Documents accompany this Notice of Award.
You must comply with the following conditions precedent within fifteen (15) days of the date of
this Notice of Award, that is, by _______ .
1. You must deliver to the OWNER 3 fully executed counterparts of the Agreement including all
the Contract Documents and Drawings.
2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the
Instruction to Bidders, General Conditions and Supplementary Conditions.
3. List other conditions precedent: N/A
Failure to comply with these conditions within the time specified will entitle OWNER to consider
your Bid abandoned, to annul this Notice of Award, and to declare your Bid Security forfeited.
Within ten (10) days after you comply with these conditions, OWNER will return to you one fully
signed counterpart of the Agreement with the Contract Documents attached.
CITY OF BOZEMAN, MONTANA ATTEST:
BY: __________________________________ BY:
____________________________
(CITY MANAGER)
(CITY CLERK)
DATE: _______________________________
20
Memorandum
REPORT TO:City Commission
FROM:Greg Sullivan, City Attorney
Jennifer A. Giuttari, Assistant City Attorney
SUBJECT:Authorize the City Commission to Ratify the Assignment of the Ownership,
Location, and Maintenance of Transit Shelters Located within the City of
Bozeman from HRDC to Gallatin Valley Urban Transportation District
MEETING DATE:July 1, 2025
AGENDA ITEM TYPE:Agreement - Legal
RECOMMENDATION:Authorize the City Commission to Ratify the Assignment of the Ownership,
Location, and Maintenance of Transit Shelters Located within the City of
Bozeman from HRDC to Gallatin Valley Urban Transportation District
STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a
wide variety of actions, the development of sustainable and lasting housing
options for underserved individuals and families and improve mobility
options that accommodate all travel modes.
BACKGROUND:The Human Resource Development Council ("HRDC") operates the municipal
transportation system in Gallatin County known as Streamline Transit. On
June 22, 2021, the City entered into an agreement with HRDC for the
ownership, location, and maintenance of transit shelters located within the
City of Bozeman. The agreement governs all transit shelters owned and/or
utilized for municipal transit by HRDC and its subsidiaries.
An urban transportation district for Gallatin County was formed after the
2020 Census indicated that there was a significant population increase. This
increased triggered a transit classification change. In order to continue to
receive federal funding, the Gallatin Valley Urban Transportation District
("GVUTD") was formed to ensure that the community could continue to
receive federal transit funding.
The purpose of GVUTD is to operate a transit system, which includes
managing the operation, infrastructure, and activities of a public
transportation system. Because of this, the agreement that the City and
HRDC entered into for the ownership, location, and maintenance of transit
shelters must now be assigned to GVUTD to ensure that the shelters
continue to be properly managed.
The Federal Transit Authority and HRDC both transferred its assets and
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certain obligations and liabilities to GVUTD on July 1, 2025. To ensure that
GVUTD can fulfill its duties and obligations in maintaining an efficient
community transit system, this agreement must now be assigned to GVUTD.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As identified by the Commission.
FISCAL EFFECTS:None.
Attachments:
FINAL Transit Shelter Assignment.pdf
Ex. A Transit Shelter Agreement.pdf
Report compiled on: June 24, 2025
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Assignment of for the Ownership, Location, and Maintenance of Transit Shelters Located
Within the City of Bozeman
THIS ASSIGNMENT (“Assignment”) is made and entered into this 1st day of July, 2025
(“Effective Date”), by and between the City of Bozeman, Montana, a self-governing municipal
corporation organized and existing under its Charter and the laws of the State of Montana, 121
North Rouse Street, Bozeman, Montana, with a mailing address of P.O. Box 1230, Bozeman,
Montana, 59771, hereinafter referred to as “City,” and Human Resource Development Council,
Inc., a non-profit organization with a mailing address of 32 South Tracy Ave., Bozeman, MT
59715, hereinafter referred to as “Assignor,” and Gallatin Valley Urban Transportation District,
with a mailing address of Streamline, 32 South Tracy Ave., Bozeman, MT 59715, hereinafter
referred to as “Assignee.” The City, Assignor, and Assignee may be referred to collectively as
“Parties.”
1. Purpose. The purpose of this Assignment is for Assignor to transfer and assign his rights
and interest in the agreement for the ownership, location, and maintenance of transit
shelters located within the City of Bozeman, with the City, which was entered into on
June 22, 2021, hereinafter referred to as “Agreement,” to Assignee. See attached Exhibit
A.
2. Effective Date. This Assignment is effective upon the Effective Date.
3. Assignment. Assignor assigns to Assignee all rights and interest, including the right to
compensation and duties, in the Lease with the City. Through this Assignment, Assignor
is fully released from all obligations and duties as set forth in the Agreement.
4. Assignee’s Obligations. Assignee assumes and agrees to perform all of Assignor’s
remaining obligations as set forth in the Agreement.
5. Consent. As required in paragraph 11 of the Agreement, the City consents to the
assignment of the Agreement to Assignee.
6. Modification. As permitted by paragraph 18 of the Agreement, this Assignment
represents the Parties’ mutual written consent to modify the Agreement
7. Assignee’s Representative. The Assignee’s Representative for purposes of this
Assignment shall be, Sunshine Ross, director@streamlinebus.com. Whenever direction to
or communication with Assignee is required, such direction and communication shall be
directed to Assignee’s Representative. However, when exigent circumstances exist and
the Assignee’s Representative is unavailable, the City may direct its direction or
communication to Assignee’s designated agent.
8. Agreement still valid. All remaining terms and provisions of the Agreement remain valid.
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_____________________________ __________________________
Heather Grenier, Executive Director Date
Human Resource Development Council, Inc.
Consent by the City.
The City hereby consents to the assignment of the Agreement to Assignor.
_____________________________ ___________________________
Chuck Winn, City Manager Date
City of Bozeman
Acceptance by Assignee.
The Assignee hereby accepts the above assignment of the Agreement. Assignee agrees to
perform all of Assignor’s obligations under the Agreement. Assignee agrees to indemnify
Assignor against any liability arising from the performance or nonperformance of such
obligations. Assignee accepts sole and exclusive liability arising from the performance or
nonperformance of all obligations associated with this Assignment.
_____________________________ ___________________________
Sunshine Ross Date
Gallatin Valley Urban Transportation District
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AGREEMENT FOR THE OWNERSHIP, LOCATION, AND MAINTENANCE OF TRANSIT SHELTERS LOCATED WITHIN THE CITY OF BOZEMAN This Agreement for the Ownership, Location, and Maintenance of Transit Shelters
Located within the City of Bozeman (the “Agreement”) is entered into this 22nd day of June,
2021 by and between the Human Resource Development Council, District IX, Inc. (hereinafter “HRDC”), a Montana non-profit corporation, and the City of Bozeman, Montana (hereinafter “City”).
Whereas, HRDC operates a municipal transportation system in Gallatin County, Montana
known as Streamline Transit (“Streamline”); and Whereas, HRDC has entered into a Transit Shelter Advertising Agreement (hereinafter “Advertising Agreement”) with Dakota Outdoors for the benefit of transit riders in Gallatin
County, Montana for the installation and upkeep of transit shelters on public or private property
that may carry advertising; and Whereas, this Agreement shall govern all transit shelters owned and/or utilized for municipal transit by HRDC and its subsidiaries, including the transit shelters erected as of the
Effective Date listed on the attached Exhibit A and all transit shelters erected and/or utilized
thereafter by HRDC for municipal transit within the City; and Whereas, HRDC desires to own all transit shelters utilized by its programs, though a HRDC Contractor may, in compliance with all City requirements, erect Transit Shelters and
assign or convey them to the HRDC by way of a separate agreement; and
Whereas the City controls placement of shelters on City-controlled right of way and on City property within the city limits of Bozeman, Montana.
NOW THEREFORE, the parties agree as follows:
1. Term. This Agreement will become effective beginning on the date first written above (“Effective Date”) and will end on the fifth anniversary of the Effective Date unless earlier terminated as provided herein.
2. Ownership/Inventory. The parties agree HRDC will assume ownership, operate,
maintain and insure for liability and property damage all transit shelters currently within the City located on active transit routes. To the extent the City owns any property interest in a transit shelters listed in Exhibit A, subject to the termination provision of this Agreement, the City will cooperate with HRDC to execute ownership transfer documents
satisfactory to both parties to transfer such ownership interest to HRDC. Shelters owned
by Montana State University, Bozeman School District 7, or existing shelters independently owned and maintained on private property are not included in the shelters HRDC must own, operate, maintain, and insure. The parties agree and it is the intention
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of this agreement that HRDC will own, operate, maintain, and insure for liability and
property damage all future transit shelters within the City located on its transit routes.
3. HRDC must maintain an inventory of all transit shelters located within the City that lists each shelter, its location, the owner of the right-of-way upon which the shelter is located, recorded easements or licenses that demonstrate HRDC has the required authority to locate the shelter, information regarding maintenance, and any other item HRDC
determines necessary to demonstrate its compliance with this Agreement. HRDC agrees
it will provide such inventory to the City upon the City’s request.
4. Transfer of Transit Shelters Pursuant to Development Application; Consultation with HRDC. The City will require property owners and developers who install transit shelters pursuant to a zoning application or other City-imposed development requirement to
transfer ownership of such transit shelters to HRDC and HRDC agrees to accept such
transfer of ownership. Prior to conditioning approval of a land use development proposal on the installation of a transit shelter or allowing the installation of a transit shelter to satisfy a development’s parking requirements, the City will send HRDC a written request for comment regarding the need for and location of any transit shelter to be installed by a
property owner or developer as part of a land use development review with a deadline for
responding. City may deem HRDC’s failure to respond in writing as agreement with the proposal and make a decision on the Developer’s proposal based on City policy and regulations.
5. Encroachment Permits/Licenses/Easements.
a. On City Property or Rights of Way: Except as provided in 4(c), HRDC must
obtain an encroachment permit from the City Department of Public Works prior to construction or installation of transit shelters located within City-controlled right-of-way. Construction or installation of a transit shelter on City-owned real property will require a signed license agreement prior to
construction or installation. For transit shelters placed on right-of-way owned
or controlled by the Montana Department of Transportation, HRDC must contact the Bozeman office of MDT and obtain all necessary approvals from MDT prior to installing the transit shelter.
b. On Private Property. Except as provided in 4(c), for transit shelters to be
placed on private property, HRDC must obtain, at a minimum, an easement
for the installation and use of the transit shelter from the property owner. HRDC recognizes in some situations installation of a transit shelter may require site plan review and approval by the City’s Department of Community Development. The easement must be granted to the City.
c. Transit Shelters Pursuant to Development Application. The City will require
property owners who install transit shelters as described in Section 3 to:
i. Grant an easement for transit purposes to the City for transit shelters to be installed on private property.
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ii. Obtain an encroachment permit from the City for transit shelters to be
installed on City-controlled rights of way or from MDT for transit
shelters to be installed on MDT-controlled rights of way.
6. Zoning Compliance/Permits.
a. The installation of transit shelters must conform with all zoning, building code, and other municipal code requirements. As such, HRDC must, prior
to installation of a new transit shelter, consult with the City’s department
of community development and comply with all applicable requirements.
b. Signage within the interior of a transit shelter is exempt from the Bozeman Municipal Code’s (“BMC”) prohibition against off-premises signs if such signage comports with the requirements of 38.560.150, BMC. In
accordance with 38.560.150, BMC, signage on the interior of transit
shelters served by an active fixed route transit service must be reviewed and approved by the City and issued a sign permit. A sign permit may authorize HRDC to change individual advertising without requiring a new sign permit as long as all signage conforms to the same dimensional
standards as the original permit and conforms to the requirements of this
Agreement. Signage within a transit shelter may not distract drivers of vehicles nor be legible from the driving lanes. For purposes of this MOU, “legible from the driving lanes” is defined as meeting the legibility standards contained in the most recent edition of the Manual on Uniform
Traffic Control Devices (MUTCD).
7. Maintenance. HRDC must regularly maintain all transit shelters within City limits in a safe, clean and good state of repair. HRDC will be responsible for snow and ice removal from the area within and under the transit shelters.
8. Removal or Relocation of Transit Shelters. The parties acknowledge and agree that
development application approvals by the City may be conditioned on the location of a
transit shelter within a certain distance of the development. Therefore, no transit shelter may be removed or relocated without prior written approval in writing from the City’s Director of Community Development and compliance with the terms of this MOU.
9. Indemnification; Insurance.
a. HRDC agrees to release, defend, indemnify, and hold harmless the City, its agents,
representatives, employees, and officers (collectively referred to for purposes of this Section 8 as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of and expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically
dangerous) or damages of whatever kind or nature connected therewith and without limit
and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent,
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reckless, or intentional misconduct of HRDC or its agents in the performance of this MOU;
or (ii) any negligent, reckless, or intentional misconduct of Dakota Outdoors or its agents
in the performance of the Advertising Agreement. b. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of
this Section must not be construed to negate, abridge, or reduce any common-law or
statutory rights of the indemnitee(s) which would otherwise exist as to such indemnitee(s). c. HRDC’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City.
d. Should any indemnitee described herein be required to bring an action against the HRDC to assert its right to defense or indemnification under this Agreement or under HRDC’s applicable insurance policies required below the indemnitee shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or
defense but only if a court of competent jurisdiction determines HRDC was obligated to
defend the claim(s) or was obligated to indemnify the indemnitee for a claim(s) or any portion(s) thereof. e. In the event of an action filed against City resulting from HRDC’s performance under this
MOU or Dakota Outdoors’ performance under the Advertising Agreement, the City may
elect to represent itself and incur all costs and expenses of suit. f. HRDC also waives any and all claims and recourse against the City or its officers, agents or employees, including the right of contribution for loss or damage to person or property
arising from, growing out of, or in any way connected with or incident to the performance
of this Agreement except “responsibility for his own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA.
g. These obligations shall survive termination of this Agreement and the services performed
hereunder. h. In addition to and independent from the above, HRDC shall at HRDC’s expense secure and maintain during the entire term of this Agreement insurance coverage through an
insurance company or companies duly licensed and authorized to conduct insurance
business in Montana which insures the liabilities and obligations specifically assumed by the HRDC in this Section for all transit shelters located on City right-of-way or for transit shelters the City has required to be installed as a requirement of approval of a development. The insurance coverage shall not contain any exclusion for liabilities specifically assumed
by the HRDC in subsection (a) of this Section. The insurance shall cover and apply to all
claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City and HRDC shall furnish to the City an
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accompanying certificate of insurance and accompanying endorsements in amounts not
less than as shown on below:
• Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
• Adequate property insurance to cover replacement costs of each shelter.
i. The amounts of insurance provided shall be exclusive of defense costs. The City of Bozeman, its officers, agents, and employees, shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General Liability policy. The insurance and required endorsements must be in a form suitable to City and shall
include no less than a thirty (30) day notice of cancellation or non-renewal. The City must approve all insurance coverage and endorsements. HRDC shall notify City within two (2) business days of HRDC’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason.
j. The City must approve all insurance coverage and endorsements within 30 business days of the date of this Agreement. HRDC must provide an updated certificate of insurance annually and inform the City of any changes to HRDC’s insurance.
10. Termination. This Agreement shall terminate:
a. Upon expiration of the term.
b. Upon mutual agreement of the parties in writing.
c. Upon six (6) months’ written notice by either Party to the other.
d. Upon the effective date of formation of a Transit Authority as described in
Section 10.
Upon termination, unless otherwise agreed to by the Parties, ownership of all transit shelters owned by the City prior to the date of this Agreement and which are contemplated by the Parties to be transferred to HRDC pursuant to this Agreement must be transferred to the City. HRDC agrees it will take all steps necessary to transfer ownership of these
shelters back to the City no later than 90 days after the date of termination.
If the parties agree at the time of termination that after termination all transit shelters located within the City will continued to be owned by HRDC, HRDC agrees it must, as long as it owns the shelters ensure: (i) all shelters continue to have and comply with the appropriate encroachment permit or license agreement from the City, MDT, or the property
owner; (ii) all transit shelters are located in areas where perpetual easements, encroachment permits, or license agreements for the installation of the transit shelter and the shelters’ use by the public have been recorded; and (iii) maintain every shelter pursuant to the standards of section six (6) of this Agreement.
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11. Creation of Transit Authority/Transfer of Assets. The parties agree and understand that
HRDC may recommend to the Gallatin County Commission, the Bozeman City
Commission and the Belgrade City Council (collectively, the “Governmental Entities”) that another body or organization (“Transit Authority”) be created or selected to operate a public transportation service in the Greater Bozeman Area. If the Governmental Entities choose to create such a body or organization, upon formation and upon the Transit
Authority providing sufficient evidence to the City of its organizational and financial
capacity to take over the obligations of this MOU, the City and HRDC agree all shelters owned wholly or partially by HRDC will be promptly conveyed to that new entity.
12. Laws and Regulations. HRDC shall ensure its contractors constructing and/or installing transit shelters and advertising within such shelters comply fully with all applicable state
and federal laws, regulations, and municipal ordinances including, but not limited to, all
workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building codes, the Americans
with Disabilities Act, and all non-discrimination, affirmative action, and utilization of
minority and small business statutes and regulations.
Nondiscrimination and Equal Pay. HRDC agrees that all hiring by HRDC of persons
performing under this Agreement will be on the basis of merit and qualifications. HRDC
shall have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. HRDC
shall not refuse employment to a person, bar a person from employment, or discriminate
against a person in compensation or in a term, condition, or privilege of employment
because of race, color, religion, creed, political ideas, sex, age, marital status, national
origin, actual or perceived sexual orientation, gender identity, physical or mental disability,
except when the reasonable demands of the position require an age, physical or mental
disability, marital status or sex distinction. HRDC shall require these nondiscrimination
terms of its contractors, subcontractors, and any advertiser providing services under this
Agreement.
HRDC 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). HRDC must report to the City any violations of the Montana Equal Pay
Act that HRDC has been found guilty of within 60 days of such finding for violations
occurring during the term of this Agreement.
HRDC shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
13. No Joint Venture. Nothing contained in this Agreement shall be construed to create any partnership or agency relationship between the Parties for any purpose, action, or
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transaction, including those related to this Agreement. This Agreement does not create a
joint venture or any form of separate legal entity.
14. Representatives.
a. City. The City’s Representative for the purpose of this Agreement shall be the City Engineer or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required
by this Agreement, such communication or submission shall be directed to the
City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents and may receive approvals
or authorization from such persons.
b. HRDC. HRDC’s Representative for the purpose of this Agreement shall be Sunshine Ross or such other individual as HRDC shall designate in writing. Whenever direction to or communication with HRDC is required by this MOU, such direction or communication shall be directed to HRDC’s Representative;
provided, however, that in exigent circumstances when HRDC’s Representative is
not available, City may direct its direction or communication to other designated HRDC personnel or agents.
15. No Third Party Beneficiary. This MOU is for the exclusive benefit of the Parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by
a third party.
16. Dispute Resolution. Any claim, controversy, or dispute between the Parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each Party duly authorized to execute settlement agreements. Upon mutual agreement of the Parties, the Parties may invite an independent, disinterested mediator to
assist in the negotiated settlement discussions. If the Parties are unable to resolve the
dispute within thirty (30) days from the date the dispute was first raised, then such dispute shall be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this MOU.
17. Survival. HRDC’s indemnification and other obligations shall survive the termination or
expiration of this MOU as specified above or for the maximum period allowed under
applicable law. In the event HRDC contracts with a different advertising agency other than Dakota Outdoors, HRDC’s indemnification and other obligations detailed in Section 9 related to Dakota Outdoors will be extend and apply to any other company contracted by HRDC to do the same or similar work.
18. Modification. Modifications to this MOU will only be made by mutual written consent of
the Parties.
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#### End of Agreement Except for Signatures ####
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CITY OF BOZEMAN, MONTANA HUMAN RESOURCE DEVELOPMENT COUNCIL DISTRICT IX, INC.
By________________________________ By_____________________________
Jeff Mihelich, City Manager Heather Grenier, President/CEO APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney
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Location Reference Roadway Junction Road Side Notes
Mental Health (Walking Path) Ellis Street Haggerty Lane South
The shelter is now on the wrong side of Ellis because of a change to the route. It
shelter will be moved to the Library based higher use.
Town Pump North 19th Avenue East Baxter Lane East
Spring Run Apartments Oak Street 15th Avenue North
Universal Athletics/Price Rite 7th Avenue Tamarack East
Senior Center Tamarack Tracy Avenue South
The Springs of Bozeman N 27th Avenue Catron East
Bridger Peaks Parking Garage Mendenall Bozeman/Tracy On island at Transfer Station There are two shelters at this location.
Post Office N 27th Avenue south of Baxter Lane West
Staples - N 19th Gallatin Center (Parking Lot)East side of parking lot Shelter has been donated by the Rotary Club and is awaiting installation.
Bozeman Public Library Main Street Public Library Entrance South
Will be moving a shelter from Western Montana Mental Health Center to here
because of higher use at the library.
Arrowleaf/Perrenial Park Tscache Lane Sacco Drive north Will be installed as part of this development
Boulevard Apartments Babcock St S Tracy north Strata development will be working with HRDC on installation
Current Shelters
Future Shelters
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Memorandum
REPORT TO:City Commission
FROM:Greg Sullivan, City Attorney
Jennifer A. Giuttari, Assistant City Attorney
SUBJECT:Authorize the City Commission to Ratify the assignment of the Real Property
Lease for Site of Human Resource Development Council, Inc. Public
Transportation Storage and Repair Facility
MEETING DATE:July 1, 2025
AGENDA ITEM TYPE:Agreement - Legal
RECOMMENDATION:Authorize the City Commission to Ratify the assignment of the Real Property
Lease for Site of Human Resource Development Council, Inc. Public
Transportation Storage and Repair Facility
STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a
wide variety of actions, the development of sustainable and lasting housing
options for underserved individuals and families and improve mobility
options that accommodate all travel modes.
BACKGROUND:The Human Resource Development Council ("HRDC") operates the municipal
transportation system in Gallatin County known as Streamline Transit. On
October 5, 2009, the City entered into a lease with HRDC for the property for
a public transportation storage and repair facility. The lease sets forth the
terms and obligations for HRDC, as the lessee of the premises, in
constructing and maintaining a transportation facility.
An urban transportation district for Gallatin County was formed after the
2020 Census indicated that there was a significant population increase. This
increased triggered a transit classification change. In order to continue to
receive federal funding, the Gallatin Valley Urban Transportation District
("GVUTD") was formed to ensure that the community could continue to
receive federal transit funding.
The purpose of GVUTD is to operate a transit system, which includes
managing the operation, infrastructure, and activities of a public
transportation system. Because of this, the lease that the City and HRDC
entered into must now be assigned to GVUTD.
The Federal Transit Authority and HRDC both transferred its assets and
certain obligations and liabilities to GVUTD on July 1, 2025. To ensure that
GVUTD can fulfill its duties and obligations in maintaining an efficient
35
community transit system, this lease must now be assigned to GVUTD.
UNRESOLVED ISSUES:As required by the section VII lease, the Federal Transit Authority must also
provide written consent and approval of the assignment. The Federal Transit
Authority confirmed that it will approve the assignment after GVUT assume
all obligations and duties from HRDC.
ALTERNATIVES:As identified by the Commission.
FISCAL EFFECTS:None.
Attachments:
FINAL Bus Barn Lease Assignment.pdf
Ex. A City-HRDC Lease.pdf
Report compiled on: June 24, 2025
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Assignment of Real Property Lease for Site of Human Resource Development Council, Inc.
PUBLIC TRANSPORTATION STORAGE AND REPAIR FACILITY
THIS ASSIGNMENT (“Assignment”) is made and entered into this 1st day of July, 2025
(“Effective Date”), by and between the City of Bozeman, Montana, a self-governing municipal
corporation organized and existing under its Charter and the laws of the State of Montana, 121
North Rouse Street, Bozeman, Montana, with a mailing address of P.O. Box 1230, Bozeman,
Montana, 59771, hereinafter referred to as “City,” and Human Resource Development Council,
Inc., a non-profit organization with a mailing address of 32 South Tracy Ave., Bozeman, MT
59715, hereinafter referred to as “Assignor,” and Gallatin Valley Urban Transportation District,
with a mailing address of Streamline, 32 South Ave., Bozeman, MT 59715, hereinafter referred
to as “Assignee.” The City, Assignor, and Assignee may be referred to collectively as “Parties.”
1. Purpose. The purpose of this Assignment is for Assignor to transfer and assign his rights
and interest in a real property lease agreement with the City, which was entered into on
October 5, 2009, hereinafter referred to as “Lease,” to Assignee. See attached Exhibit
A.
2. Effective Date. This Assignment is effective upon the Effective Date.
3. Assignment. Assignor assigns to Assignee all rights and interest, including the right to
compensation and duties, in the Lease with the City. Through this Assignment, Assignor
is fully released from all obligations and duties as set forth in the Agreement.
4. Assignee’s Obligations. Assignee assumes and agrees to perform all of Assignor’s
remaining obligations as set forth in the Agreement.
5. Consent. As required in paragraph 7 of the Agreement, the City consents, in writing, to
the assignment of the Agreement to Assignee. The Federal Transit Authority confirmed
that it will approve the assignment after Assignee assumes all obligations and duties from
Assignor, and as set forth in the Agreement.
6. Assignee’s Representative. The Assignee’s Representative for purposes of this
Assignment shall be Sunshine Ross, director@streamlinebus.com. Whenever direction to
or communication with Assignee is required, such direction and communication shall be
directed to Assignee’s Representative. However, when exigent circumstances exist and
the Assignee’s Representative is unavailable, the City may direct its direction or
communication to Assignee’s designated agent.
7. Agreement still valid. All remaining terms and provisions of the Agreement remain valid.
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_____________________________ __________________________
Heather Grenier, Executive Director Date
Human Resource Development Council, Inc.
Consent in Writing by the City.
The City hereby consents to the assignment of the Agreement to Assignor.
_____________________________ ___________________________
Chuck Winn, City Manager Date
City of Bozeman
Acceptance by Assignee.
The Assignee hereby accepts the above assignment of the Agreement. Assignee agrees to
perform all of Assignor’s obligations under the Agreement. Assignee agrees to indemnify
Assignor against any liability arising from the performance or nonperformance of such
obligations. Assignee accepts sole and exclusive liability arising from the performance or
nonperformance of all obligations associated with this Assignment.
_____________________________ ___________________________
Sunshine Ross Date
Gallatin Valley Urban Transportation District
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39
40
41
42
43
44
45
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Memorandum
REPORT TO:City Commission
FROM:Nic Focken, Parking Manager Ben Bailey, Neighborhood Services and Code
Compliance Program Manager
SUBJECT:Authorize the City Manager to sign a contract with All Seasons Montana LLC
to restripe the downtown public parking lots.
MEETING DATE:July 1, 2025
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign a contract with All Seasons Montana LLC
to restripe the downtown public parking lots.
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:The city parking lots: Black Lot, South Wilson, and North Wilson are due for
repainting. These lots have not been restriped in two years. According to the
department's maintenance plan, they are scheduled to be restriped every
other year.
UNRESOLVED ISSUES:None
ALTERNATIVES:Per Commission
FISCAL EFFECTS:Funds for this contract are allocated from unspent FY25 funds.
Attachments:
PSA_Strping_All SeasonMontana LLC.pdf
Report compiled on: June 13, 2025
47
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 202__
(“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing
municipal corporation organized and existing under its Charter and the laws of the State of Montana,
121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT
59771, hereinafter referred to as “City,” and, 8 Old Forest Creek Trl Bozeman MT 59718, All Season
Montana LLC, hereinafter referred to as “Contractor.” The City and Contractor may be referred
to individually as “Party” and collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit A and by this reference made
a part hereof.
2. Term/Effective Date: This Agreement is effective upon the Effective Date unless
earlier terminated in accordance with this Agreement.
3. Scope of Services: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services. For conflicts between this Agreement and
the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4. Payment: City agrees to pay Contractor the amount specified in the Scope of
Services. Any alteration or deviation from the described services that involves additional costs above
the Agreement amount will be performed by Contractor after written request by the City, and will
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become an additional charge over and above the amount listed in the Scope of Services. The City
must agree in writing upon any additional charges.
5.Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a.Contractor has familiarized itself with the nature and extent of this Agreement, theScope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
Contractor shall post a legible statement of all wages and fringe benefits to be paid to the
Contractor’s employees and the frequency of such payments (i.e., hourly wage employees shall be
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paid weekly). Such posting shall be made in a prominent and accessible location at the Contractor’s
normal place of business and shall be made no later than the first day of services provided under this
Agreement. Such posting shall be removed only upon expiration or termination of this Agreement.
In performing the services under this Agreement, Contractor shall give preference to the
employment of bona fide residents of Montana, as required by §18-2-403, MCA, as such term is
defined by §18-2-401(1), MCA. When making assignments of work, Contractor shall use workers
both skilled in their trade and specialized in their field of work for all work to which they are assigned.
Pursuant to §§18-2-403 and 18-2-422, MCA, Contractor shall pay wages, fringe benefits, and
expenses, including travel allowances as set forth in the current Montana Prevailing Wage Rate for
Non Construction Services in effect and applicable to Gallatin County, Montana, which schedule is
incorporated herein. Contractor shall pay all hourly wage employees on a weekly basis. Violation of
the requirements set forth in the above State of Montana schedule of prevailing wage rates may
subject the Contractor to the penalties set forth in §18-2-407, MCA. Contractor shall maintain payroll
records during the term of this Agreement and for a period of three (3) years following termination
of this Agreement.
The Contractor shall ensure that any person, firm or entity performing any portion of the
services under this Agreement for which the contractor, subcontractor or employer is responsible, is
paid the applicable standard prevailing rate of wages.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific
steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that
Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief
to the City so as to permit the services to continue at no additional cost to City.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes and for any claims regarding underpaid prevailing wages.
7.Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
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hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right of
contribution for loss or damage to person or property arising from, growing out of, or in any way
connected with or incident to the performance of this Agreement except “responsibility for [City’s]
own fraud, for willful injury to the person or property of another, or for violation of law, whether
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Professional Services Agreement for Surface Lot Restriping Page 5 of 12
willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
•Workers’ Compensation – statutory;
•Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
•Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
•Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
•Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on the Commercial General,
Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements
must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation
or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of
notice that any required insurance coverage will be terminated or Contractor’s decision to terminate
any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8. Termination for Contractor’s Fault:
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Professional Services Agreement for Surface Lot Restriping Page 6 of 12
a.If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b.In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c.Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d.In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9.Termination for City’s Convenience:
a.Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
b.Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
in progress.
c.In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of the
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Professional Services Agreement for Surface Lot Restriping Page 7 of 12
Notice of Termination for City’s Convenience.
d.The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature arising, or claimed to have arisen, as a result of the termination.
10. Limitation on Contractor’s Damages; Time for Asserting Claim:
a.In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b.In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11.Representatives and Notices:
a.City’s Representative: The City’s Representative for the purpose of this
Agreement shall be Nic Focken, Parking Manager or such other individual as City shall
designate in writing. Whenever approval or authorization from or communication or
submission to City is required by this Agreement, such communication or submission shall
be directed to the City’s Representative and approvals or authorizations shall be
issued only by such Representative; provided, however, that in exigent circumstances
when City’s Representative is not available, Contractor may direct its communication or
submission to other designated City personnel or agents as designated by the City in writing
and may receive approvals or authorization from such persons.
b. Contractor’s Representative: The Contractor’s Representative for the purpose
of this Agreement shall be Evin Groves or such other individual as
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Contractor shall designate in writing. Whenever direction to or communication with
Contractor is required by this Agreement, such direction or communication shall be directed
to Contractor’s Representative; provided, however, that in exigent circumstances when
Contractor’s Representative is not available, City may direct its direction or communication
to other designated Contractor personnel or agents.
c. Notices: All notices required by this Agreement shall be in writing and
shall be provided to the Representatives named in this Section. Notices shall be deemed given
when delivered, if delivered by courier to Party’s address shown above during normal business
hours of the recipient; or when sent, if sent by email or fax (with a successful transmission
report) to the email address or fax number provided by the Party’s Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
12.Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
13. Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
Professional Services Agreement for Surface Lot RestripingPage 8 of 12
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The City will not accept digital content that does not comply with WCAG A and AA guidelines. If
the City refuses digital content because it is non-compliant with the City style guide, Section 508 of
the Rehabilitation Act, and/or WCAG, Contractor will be required to make the digital content
compliant and redelivered at no additional cost to the City.
15. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
not refuse employment to a person, bar a person from employment, or discriminate against a person
in compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity, physical or mental disability, except when the reasonable demands of the position
require an age, physical or mental disability, marital status or sex distinction. The Contractor shall
be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
16. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
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Professional Services Agreement for Surface Lot Restriping Page 10 of 12
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
17.Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
18.Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
19.Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
20.Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
21.Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
22.Dispute Resolution:
a.Any claim, controversy, or dispute between the parties, their agents,
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employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist
in the negotiated settlement discussions.
b.If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
23. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
24. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
25. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
26. Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
27. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
28. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
29. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
30. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
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Professional Services Agreement forSurface Lot Restriping Page 12 of 12
Agreement by reference.
31.Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA
By________________________________
Chuck Winn, City Manager
_Evin Groves, All Season Montana LLC___
CONTRACTOR
By__________________________________
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
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Quote by: Evin Groves
Company: All Season Montana
Phone: 619.889.9903 Exhibit A60
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Black Lot Breakdown
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North Wilson
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North Wilson Breakdown
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South Wilson Lot
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South Wilson Breakdown
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Total Project Breakdown
Exhibit A
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Memorandum
REPORT TO:City Commission
FROM:Benjamin Bailey Neighborhood Services and Code Compliance Program
Manager
SUBJECT:Authorize the City Manager to sign the 2nd Amendment to the PSA with TLC
Septic and Excavation Inc. for Portable Toilet Services
MEETING DATE:July 1, 2025
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign the 2nd Amendment to the PSA with TLC
Septic and Excavation Inc. for Portable Toilet Services
STRATEGIC PLAN:7.3 Best Practices, Creativity & Foresight: Utilize best practices, innovative
approaches, and constantly anticipate new directions and changes relevant
to the governance of the City. Be also adaptable and flexible with an
outward focus on the customer and an external understanding of the issues
as others may see them.
BACKGROUND:A Professional Services Agreement with TLC Septic and Excavation, INC. was
originally signed and entered into on February 5th, 2024, for the purpose of
providing portable toilets for the urban camping population. The current
agreement is slated to expire on June 30th, 2025. This amendment would
extend the current contract to expire September 30th, 2025.
UNRESOLVED ISSUES:No unresolved issues.
ALTERNATIVES:As suggested by Commission.
FISCAL EFFECTS:The estimated cost of this endeavor is not to exceed $4000. This expense has
been budgeted for in the Neighborhood Services FY26 budget for contracted
services.
Attachments:
2025 2nd Amendment.pdf
City of Bozeman Neighborhood Services Program Extention
2024 First Amendment PSA.pdf
City of Bozeman Neighborhood Services Program
Professional Agreement 2024.pdf
Report compiled on: June 17, 2025
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Docusign Envelope ID: 602D0D64-6D32-41D3-9449-AC8E457A2A24
10th
XXXXXXXSeptember
73145
Docusign Envelope ID: 602D0D64-6D32-41D3-9449-AC8E457A2A24
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Memorandum
REPORT TO:City Commission
FROM:Karl Johnson, Project Engineer
Nicholas Ross, Director of Transportation and Engineering
SUBJECT:Resolution Authorizing Change Order No. 3 with CK May Excavating, Inc. For
the 2024 Street and Utility Improvements Project
MEETING DATE:July 1, 2025
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Approve Resolution Authorizing Change Order No. 3 with CK May Excavating,
Inc. For the 2024 Street and Utility Improvements Project
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:Change Order No. 3 to the 2024 Street and Utility Improvements Project
includes the following.
Mill and overlay South Black Avenue from Main Street to College Street
including pedestrian curb ramp upgrades for ADA compliance and
replacement of sewer services from the sewer main to the curb line.
The existing asphalt street surface of Black Avenue around the project area
is in poor condition. Limiting asphalt replacement to the utility trench will
leave significant portions of the existing street surface. The existing asphalt
will continue to degrade to the point where full depth reconstruction may be
required in the future, which would be a substantial expense to the city.
Furthermore, the existing surface condition reduces the safety of all street
users by requiring them to maneuver around hazards such as potholes and
uneven surfaces. Replacing the entire street surface will improve both the
condition and safety of the street as well as extend its useful life. Pedestrian
curb ramp improvements will be made to upgrade ADA compliance.
Additionally, the existing sewer services have an increased likelihood of
maintenance needs due to their age and material. In order to ensure the new
street will not need to be excavated for these maintenance needs in the
near future sewer service replacement has been included in this scope of
work.
This section of South Black was previously proposed for reconstruction
under the city's Local Street Reconstruction Program but failed to secure
support for the creation of a Special improvement District (SID). The
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anticipated street reconstruction cost of that project was approximately
$1,000,000. Change Order No. 3 will effectively complete the street
reconstruction at a cost of $221,561.75 without requiring creation of an SID.
There is an increase in contract time of 30 calendar days for this Change
Order. Staff advises the final recommended change in cost and time for
these items is reasonable and commensurate with the work involved.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:An increase of $327,415.75 to the overall contract price from $4,366,890.56
to $4,694,306.31.
Costs for the change are split between the Street Assessments in the
amount of $221,561.75 and Wastewater Pipe Replacement Fund (WW08) in
the amount of $105,854.00.
Cost increase for Change Order No. 3 will be covered by operational savings
from Streets and Utility funds and a budget amendment will be brought at
the end of FY26 if savings are not available.
Attachments:
Change Order 3 with CK May Excavating for 2024 Street and
Utility Improvments Project.pdf
Resolution Change Order 3 for 2024 Street and Utility
Improvements Project.doc
Report compiled on: June 19, 2025
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Page 1 of 3
Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the
Construction Specifications Institute.
CHANGE ORDER
No. 03
DATE OF ISSUANCE 6/20/2025 EFFECTIVE DATE 6/20/2025
OWNER: City of Bozeman CONTRACTOR: CK May
Contract: 2024 Street and Utility Improvements Project
Project: South Black Avenue Utility Renovations OWNER's Contract No.
ENGINEER: City of Bozeman ENGINEER's Contract No.
You are directed to make the following changes in the Contract Documents:
Description: Mill and overlay South Black Avenue from Main Street to College Street including pedestrian curb
ramp improvements and replacement of sewer services from the sewer main to the curb line.
Reason for Change Order: The existing asphalt street surface of Black Avenue around the project area is in poor
condition. Limiting asphalt replacement to the utility trench will leave significant portions of the existing street
surface. The existing asphalt will continue to degrade to the point where full depth reconstruction may be required
in the future, which would be a substantial expense to the city. Furthermore, the existing surface condition
reduces the safety of all street users by requiring them to maneuver around hazards such as potholes and uneven
surfaces. Replacing the entire street surface will improve both the condition and safety of the street as well as
extend its useful life. Additionally, the existing sewer services have an increased likelihood of maintenance needs
due to their age and material. In order to ensure the new street will not need to be excavated for these maintenance
needs in the near future sewer service replacement has been included in this scope of work.
Attachments: Work Directive Worksheets and Drawings
CHANGE IN CONTRACT PRICE:
CHANGE IN CONTRACT TIMES:
Original Contract Price
$ 4,288,769.50
Original Contract Times:
Substantial Completion: 300
Ready for final payment: 300
(days or dates)
Net Increase (Decrease) from previous Change
Orders No. 01 to 02 :
$ 78,121.06
Net change from previous Change Orders No. 01 to
No. 02 :
Substantial Completion: 03
Ready for final payment: 03 (days)
Contract Price prior to this Change Order:
$ 4,366,890.56
Contract Times prior to this Change Order:
Substantial Completion: 308
Ready for final payment: 308 (days or dates)
Net increase (decrease) of this Change Order:
$ 327,415.75
Net increase (decrease) this Change Order:
Substantial Completion: 30
Ready for final payment: 30 (days)
Contract Price with all approved Change Orders:
$ 4,694,306.31
Contract Times with all approved Change Orders:
Substantial Completion: 338
Ready for final payment: 338
(days or dates)
88
Page 2 of 3
Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the
Construction Specifications Institute.
Contractor certifies and agrees that there are no additional costs or claims for extra work, additional time, delays or
omitted items, of any nature whatsoever, associated with the subject change order items, except as identified and set
forth herein and unless expressly stated otherwise in the Change Order. And further, that the price agreed-upon herein
represents the full cost and value for the subject work performed and the materials supplied under the terms of the
contract and that the work quantities and value were properly determined and are correct.
CONTRACTOR (Authorized Signature) Date
RECOMMENDED BY: APPROVED BY:
(ENGINEER - Signature) Date OWNER (Authorized Signature) Date
EJCDC 1910-8-B (1996 Edition)
89
Page 3 of 3
Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the
Construction Specifications Institute.
CHANGE ORDER
INSTRUCTIONS
A. GENERAL INFORMATION
This document was developed to provide a uniform format for handling contract changes that affect Contract
Price or Contract Times. Changes that have been initiated by a Work Change Directive must be incorporated into
a subsequent Change Order if they affect Price or Times.
Changes that affect Contract Price or Contract Times should be promptly covered by a Change Order. The
practice of accumulating Change Orders to reduce the administrative burden may lead to unnecessary disputes.
If Milestones have been listed in the Agreement, any effect of a Change Order thereon should be addressed.
For supplemental instructions and minor changes not involving a change in the Contract Price or Contract Times,
a Field Order should be used.
B. COMPLETING THE CHANGE ORDER FORM
Engineer normally initiates the form, including a description of the changes involved and attachments based upon
documents and proposals submitted by Contractor, or requests from Owner, or both.
Once Engineer has completed and signed the form, all copies should be sent to Owner or Contractor for approval,
depending on whether the Change Order is a true order to the Contractor or the formalization of a negotiated
agreement for a previously performed change. After approval by one contracting party, all copies should be sent
to the other party for approval. Engineer should make distribution of executed copies after approval by both
parties.
If a change only applies to price or to times, cross out the part of the tabulation that does not apply.
90
Item Unit Qty Unit Price Extension
Asphalt Surface Restoration Credit LF 3601 $ (50.00) $ (180,050.00)
Base Course Restoration LF 3601 $ 33.50 $ 120,633.50
Pavement Markings Credit LS 1 $ (11,000.00) $ (11,000.00)
Cold Mill Existing Asphalt SY 9247 $ 6.75 $ 62,417.25
Hot Mix Asphalt Surface Course TON (NEAT
LINE)
1541 $ 105.00 $ 161,805.00
Additional Traffic Control LS 1 $ 25,000.00 $ 25,000.00
6" Depth Concrete 4500 PSI SF 288 $ 25.00 $ 7,200.00
Concrete Curb 4500 PSI LF 169 $ 75.00 $ 12,675.00
Detectable Warning Surface SF 60 $ 65.00 $ 3,900.00
$ 202,580.75
Asphalt Surface Course item shall be measured and paid by truck tickets.
Drawing References: COB STD DWG 7th addition 02581-1, 02529-8A&B, 02528-1, and 6th Addition 02529-
8
Removal of On Street Parking. During mill/overlay operations, it will be necessary to remove on street
parking to complete the work. The contractor must follow the procedure described below whenever
removal of on street parking is proposed:
1. The contractor shall place a door hanger on every effected property between 1 week and 2
weeks prior to the start of construction. The door hanger shall read as follows for chip seal work:
“Notification of Upcoming Street Maintenance Work. Mill, Overlay, and Utility installation will be taking
place on the street adjacent to your property within the next two weeks. Temporary “No Parking” signs
will be installed between 24 hours and 48 hours prior to the start of construction. No vehicles will be
permitted to park on the street while the “No Parking” signs are in place. This work is scheduled to last
(insert applicable timeline). Streets will be closed to thru traffic when the work is actively occurring.
Please contact (insert general contractor contact information) for additional information.”
2. The contractor shall install temporary “No Parking” signs between 24 and 48 hours prior to the
start of construction. The signs shall be installed for a maximum of four calendar days from the time they
are placed until the time they are removed. If the contractor cannot complete the work within that
timeframe, the signs must be removed and reinstalled when the work is able to be completed. The signs
shall read as follows:
NO PARKING (START DATE) TO (END DATE) FOR STREET MAINTENANCE WORK. CONTACT (INSERT
CONTRACTOR NAME AND CONTACT INFORMATION) FOR ADDITIONAL INFORMATION.
Concrete for sidewalk and curb shall be air entrained and 4500 PSI in accordance with City of Bozeman
Sidewalk and Driveway Specifications.
Black Ave Mill and Overlay Full Length Work Directive Worksheet
Description: Milling and overlaying after utility installation in Black Avenue from Main Street to College
Street, see drawing sheets R1 and R2.
Total
Additional Special Provisions
Cold milling shall be done in accordance with Section 411, “Standard Specifications for Road and Bridge
Construction”, Latest Edition, adopted by the Montana Department of Transportation.
91
Item Unit Qty Unit Price Extension
Sewer Service Beyond Trench LF 1011 $ 110.00 $ 111,210.00
Remove and Replace Curb LF 35 $ 75.00 $ 2,625.00
Landscap Restoration for Service Installation Ea 5 $ 1,500.00 $ 7,500.00
Remove and Replace Sidewalk SF 100 $ 35.00 $ 3,500.00
$ 124,835.00
Restoration items above are provisional in the case that service pipe conditions require the replacement of sewer
services beyond the edge of curb. Removal and replacement shall be at the direction of the Engineer.
Sewer Service Replacement to The Curb Work Directive Worksheet
Description: Replace sewer service from the main to the curb for all services connected to with the project.
Total
Additional Special Provisions
Sewer services shall be replaced to near as possible or beyond edge of curb and in accordance with Special Provision
50. Curbs shall be protected during typical service replacement. Where unsuitable service pipe is found at the typical
connection point the services shall be replaced to where suitable service pipe is found or the property line,
whichever comes first. Connection point of sewer service replacement shall be at the direction of the engineer.
92
SSSKARL A.
JOHNSON
No. 84123PE
M O N TAN
A
PROFE
SSIONAL E N G INEERLICENS E D
MILL & OVERLAY
BLACK AVE SECTION 1
MILL & OVERLAY
BLACK AVE SECTION 2
MILL & OVERLAY
BLACK AVE SECTION 3
SCALED TO PRINT 24" X 36"
12 SIZE DRAWINGS (12"x18"): 1" = 40'
SCALED TO PRINT 24" X 36"
12 SIZE DRAWINGS (12"x18"): 1" = 40'
SCALED TO PRINT 24" X 36"
12 SIZE DRAWINGS (12"x18"): 1" = 40'
48 SY ASPHALT
MAIN INTERSECTION1126 SY ASPHALT
MAIN TO BABCOCK
LEGEND
LIMITS OF MILL AND OVERLAY
5006 SY ASPHALT
BABCOCK TO STORY
5006 SY ASPHALT
BABCOCK TO STORY
99 SF
PED RAMP
101 SF
PED RAMP
44 SF
PED RAMP
44 SF
PED RAMP78 LF
CURB
42 LF CURB49 LF CURB
126 SY ASPHALT
BABCOCK INTERSECTION5006 SY ASPHALT
BABCOCK TO STORY
38 LF ASPHALT
MAIN INTERSECTION
LEGEND
LIMITS OF MILL AND OVERLAY
NEW CURB
NEW PEDESTRIAN RAMP
LEGEND
LIMITS OF MILL AND OVERLAY
RE-STRIPE (WHITE EPOXY)
CROSSWALK BARS (2) AND STOP
BAR PER COB DWG # 02581-1
PROTECT ALL VALVE BOXES, STORM DRAIN
INLETS, MANHOLE LIDS, AND PAVEMENT
MARKINGS DURING MILLING AND OVERLAYING
RE-STRIPE (WHITE EPOXY)
CROSSWALK BARS (2) AND STOP
BAR PER COB DWG # 02581-1
RE-STRIPE (WHITE EPOXY)
CROSSWALK BARS (2) AND STOP
BAR PER COB DWG # 02581-1
INSTALL PEDESTRIAN RAMPS
IN ACCORDANCE WITH COB
DWG NO. 02529-8A&B W/
1-FOOT WIDE FLARES
INSTALL CURB IN
ACCORDANCE WITH
COB DWG NO. 02528-1
DROP CURB FOR
DRIVEWAYS
EX. GATE
VALVE
EX. INLET
EX. INLETEX. INLET
EX. GATE
VALVE
EX. GATE
VALVE
INLET
EX. GATE
VALVE EX. INLET
EX. GATE
VALVE
EX. INLET
10' CURB
RADIUS
5' CURB
RADIUS
EX. MH
NEW
INLET
NEW
INLET
NEW
MH
NEW
MH
EX. MH
NEW MH
NEW
MH
NEW
MH
NEW
MH
93
S W
SSKARL A.
JOHNSON
No. 84123PE
M O N TAN
A
PROFE
SSIONAL E N G INEERLICENS E D
SCALED TO PRINT 24" X 36"
12 SIZE DRAWINGS (12"x18"): 1" = 40'
MILL & OVERLAY
BLACK AVE SECTION 4
MILL & OVERLAY
BLACK AVE SECTION 5
ASPHALT AND TRENCH BACKFILL IN AREAS TO BE MILLED AND OVERLAID FOLLOWING
UTILITY INSTALLATION SHALL BE AS FOLLOWS:
PIPE BEDDING:3/4" MINUS WASHED ROCK FROM 4" BELOW PIPE INVERT TO 6"
ABOVE TOP OF PIPE
BACKFILL:TYPE A, SUITABLE NATIVE BACKFILL, COMPACTED IN LIFTS
SUBBASE:9" DEPTH 3" MINUS STRUCTURAL FILL
BASE COURSE:6" DEPTH 11
2" MINUS CRUSHED AGGREGATE
TRENCH WIDTH VARIES
SCALED TO PRINT 24" X 36"
12 SIZE DRAWINGS (12"x18"): 1" = 40'
2941 SY
STORY TO COLLEGE
2941 SY
STORY TO COLLEGE
99 LF PAVEMENT
STORY INTERSECTION
LEGEND
LIMITS OF MILL AND OVERLAY
LEGEND
LIMITS OF MILL AND OVERLAY
PROTECT ALL VALVE BOXES, STORM DRAIN
INLETS, MANHOLE LIDS, AND PAVEMENT
MARKINGS DURING MILLING AND OVERLAYING
EX. MH
EX. GATE
VALVE
EX. GATE
VALVEEX. GATE
VALVE
NEW MH
NEW MH
NEW MH
NEW MH
94
0+00 1+00 2+00 3+00 4+00
INSTALL 308 LF
15" SDR-35 PVC PIPE @ 0.92%
STA 0+15,
INSTALL NEW 48" DIA. SDMH #10
RIM ELEV. = 4824.32
12" INV. IN (E)=4818.94
12" INV. IN (W)=4818.94
10" INV. IN (S)=4818.04
15" INV. OUT (N)=4817.99
STA 0+68, 0.3' O.S. LEFT
INSTALL NEW 48" DIA. SDMH #11
RIM ELEV. = 4823.61
15" INV. IN (S)=4817.40
12" INV. IN (E)=4818.20
12" INV. IN (W)=4818.20
15" INV. OUT (N)=4817.35
STA 0+14, 9.5' R
SD INLET SDIN #20
TBC=4824.15
12" INV. OUT (W)=4819.13
STA 0+12, 17.5' L
SD INLET SDIN #21
TBC=4824.48
12" INV. OUT (E)=4819.29
STA 0+66, 9.2' R
SD INLET SDIN #22
TBC=4823.42
12" INV. OUT (W)=4818.50
INSTALL 9.6 LF
12" SDR-35 PVC PIPE @ 2.00%
INSTALL 17.6 LF
12" SDR-35 PVC PIPE @ 2.00%
INSTALL 9.7 LF
12" SDR-35 PVC PIPE @ 3.08%
INSTALL 53 LF
15" SDR-35 PVC PIPE @ 1.10%SSSTA 0+68, 18.6' L
SD INLET SDIN #23
TBC = 4823.54
12" INV. OUT (E)=4818.80
INSTALL 20.9 LF
12" SDR-35 PVC PIPE @ 2.87%
INSTALL 10.2 LF
12" SDR-35 PVC PIPE @ 4.88%
CORE NEW PENATRATION IN
EX. INLET. INV ELEV. 4815.40
AT STA 3+76, 6.5' O.S. RIGHT
STA 3+76, 3.9' O.S. LEFT
INSTALL NEW 48" DIA. SDMH #12
RIM ELEV. = 4819.06
15" INV. IN (S)=4814.50
12" INV. IN (E)=4814.90
15" INV. OUT (N)=4814.45
STA 4+11, REMOVE EXIST. SDMH
INSTALL NEW 48" DIA. SDMH #13
RIM ELEV. = 4818.68
15" INV. IN (S)=4814.13
15" INV. IN (E)=4814.58
15" INV. IN (W)=4814.18
15" INV. OUT (N)=4814.08
INSTALL 35 LF
12" SDR-35 PVC PIPE @ 0.90%
4812
4814
4816
4818
4820
4822
4824
4826
4828
4830
4812
4814
4816
4818
4820
4822
4824
4826
4828
4830
0+00 0+20 0+40 0+60 0+80 1+00 1+20 1+40 1+60 1+80 2+00 2+20 2+40 2+60 2+80 3+00 3+20 3+40 3+60 3+80 4+00 4+20 4+404824.474824.474824.364824.364824.264824.264824.174824.174824.074824.074823.944823.944823.754823.754823.574823.574823.424823.424823.274823.274823.114823.114822.944822.944822.784822.784822.644822.644822.514822.514822.384822.384822.234822.234822.064822.064821.894821.894821.744821.744821.594821.594821.434821.434821.274821.274821.104821.104820.934820.934820.754820.754820.574820.574820.384820.384820.214820.214820.064820.064819.924819.924819.764819.764819.614819.614819.474819.474819.314819.314819.174819.174819.044819.044818.984818.984818.894818.894818.874818.874818.854818.854818.714818.714818.494818.494818.224818.224818.114818.11308 LF 15" SDR-35 PVC PIPE @ 0.92% SLOPE
STA 4+11,
INSTALL NEW 48" DIA. SDMH #13
RIM ELEV. = 4818.68
15" INV. IN (S)=4814.13
15" INV. IN (E)=4814.58
15" INV. IN (W)=4814.18
15" INV. OUT (N)=4814.08
STA 1+33 WATER SVC XINGSTA 2+34 WATER SVC XINGSTA 2+47 WATER SVC XINGSTA 1+41 SEWER SVC XINGSTA 1+89 SEWER SVC XINGSTA 2+85 SEWER SVC XINGSTA 3+09 SEWER SVC XINGSTA 0+15,
INSTALL NEW 48" DIA. SDMH #10
RIM ELEV. = 4824.32
12" INV. IN (E)=4818.94
12" INV. IN (W)=4818.94
10" INV. IN (S)=4818.04
15" INV. OUT (N)=4817.99
STA 0+68,
INSTALL NEW 48" DIA. SDMH #11
RIM ELEV. = 4823.61
15" INV. IN (S)=4817.40
12" INV. IN (E)=4818.20
12" INV. IN (W)=4818.20
15" INV. OUT (N)=4817.35
STA 2+37 SEWER SVC XING53 LF 15" SDR-35 PVC PIPE @ 1.10% SLOPE
STA 3+76,
INSTALL NEW 48" DIA. SDMH #12
RIM ELEV. = 4819.06
15" INV. IN (S)=4814.50
12" INV. IN (E)=4814.90
15" INV. OUT (N)=4814.45
35 LF 15" SDR-35 PVC PIPE @ 0.90% SLOPE
TYPE A BACKFILL
STA 0+15 - 4+12 INSTALL 397 LF 15"
SDR-35 PVC PIPE
HORIZ. SCALE: 1" = 20'
VERT. SCALE: 1" = 2'
KARL A.
JOHNSON
No. 84123PE
M O N TAN
A
PROFE
SSIONAL E N G INEERLICENS E D
CONNECT TO EXIST.
10" VCP STORM MAIN
WITHIN TRENCH
PLUG EXIST. STORM
SEWER MAIN AT
MANHOLE (INV. SOUTH)
ABANDON EXIST. STORM
DRAIN INLET AND INLET
PIPE IN PLACE
CONNECT TO EXIST. 15"
PVC STORM SEWER MAINS
WITHIN TRENCH
(WEST, NORTH, AND EAST)
PLUG EXIST.
INLET INVERT
(NORTHWEST)
REMOVE EXIST.
SDMH AT STA 0+49
SCALE ACCURATE FOR FULL
SIZE DRAWINGS
12 SIZE DRAWINGS (12"x18"): 1" = 40'
95
1 of 2
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
AUTHORIZING CHANGE ORDER NO. 3 WITH CK MAY EXCAVATING, INC. FOR THE
2024 STREET AND UTILITY IMPROVEMENTS PROJECT
WHEREAS, the City Commission did, on the 6th day of June 2024, authorize award of the bid for
the 2024 Street and Utility Improvements Project, to CK May Excavating, Inc., Belgrade, Montana; and
WHEREAS, Section 7-5-4308, Montana Code Annotated, provides that any such alterations or
modifications of the specifications and/or plans of the contract be made by resolution; and
WHEREAS, it has become necessary in the prosecution of the work to make alterations or
modifications to the specifications and/or plans of the contract that include pedestrian curb ramp
improvements, full-depth mill and overlay of the existing asphalt surface from curb-to-curb, and
replacement of sanitary sewer service lines within the area of mill and overlay.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana,
that the proposed modifications and/or alterations to the contract between the City of Bozeman, a
municipal corporation, and CK May Excavating, Inc., as contained in Change Order 03, attached hereto, be
and the same are hereby approved; and the City Manager is hereby authorized and directed to execute the
contract change order for and on behalf of the City; and the City Clerk is authorized and directed to attest
such signature, to wit:
96
2 of 2
PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular
session thereof held on the 1st day of July 2025.
__________________________________________
TERRY CUNNINGHAM
Mayor
ATTEST:
________________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_____________________________________________
GREG SULLIVAN
City Attorney
97
Memorandum
REPORT TO:City Commission
FROM:Tom Rogers, Senior Planner
Chris Saunders, Community Development Manager
Erin George, Director of Community Development
SUBJECT:Final Adoption of a Zone Map Amendment 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:July 1, 2025
AGENDA ITEM TYPE:Community Development - Legislative
RECOMMENDATION:Approve Ordinance 2025- ______.
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:The Commission provisionally adopted Ordinance 2025-____ on June 17,
2025 to rezone a portion of an existing lot totaling 1.37 acres, Application
25035. The application requested approval to rezone an area 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 adjacent property,
Gallatin County, to reconfigure the the property boundary of the Regional
park and the subject property. The Gallatin County Commission reviewed
and approved the land swap by 2007 as shown on Certificate of Survey
Minor Sub 400A.
The Gallatin County Commission adopted a Resolution to formalize the land
swap action. According to the Resolution the purpose of the land swap was
to, "Enhances corridor on north, mitigate impacts on adjacent residential
development, and create better alignment with existing infrastructure and
providing additional trails and connectivity." The Resolution also stated the
intent was to rezone the reconfigured from PLI to R-3 zoning.
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,
98
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].
A full recording of the City Commission hearing can be reviewed at the
following link. [External Link] The Commission agenda and packet materials
can be reviewed at the following link. [External Link]
UNRESOLVED ISSUES:There are no identified conflicts on this application.
ALTERNATIVES:As determined by the Commission.
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 Ord.pdf
Report compiled on: June 24, 2025
99
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
100
Ordinance 2025 - ____ Zoning Ordinance
Page 2 of 6
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;
101
Ordinance 2025 - ____ Zoning Ordinance
Page 3 of 6
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.
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PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the ___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
105
Memorandum
REPORT TO:City Commission
FROM:Tom Rogers, Senior Planner
Chris Saunders, Community Development Manager
Erin George, Director of Community Development
SUBJECT:The 2025 Gallatin Center Zone Map Amendment Requesting an Amendment
to the City Zoning Map from B-P (Business Park) and B-2 (Community
Commercial) to B-2M (Community Commercial Mixed-Use) on 68.33 Acres.
The Property is located at located on the northwest corner of North 19th
Avenue and Baxter Lane; Application 24626
MEETING DATE:July 1, 2025
AGENDA ITEM TYPE:Community Development - Legislative
RECOMMENDATION:Consider the 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 24626
and move to recommend approval of the Gallatin Center Zone Map
Amendment, with contingencies required to complete the application
processing.
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:The owner, Gallatin Center Limited Partnership, P.O. Box 906, Bozeman, MT
59771, submitted application to rezone a property totaling 63.33 acres, plus
adjacent right-of-way, from B-P and B-2 to B-2M (Community Commercial
Mixed). The property is within the Gallatin Center Planned Unit
Development (PUD) which includes businesses such as Target, WinCo Foods,
Bob Ward’s Sports, PetSmart, and Staples, among others. See Application Z-
98192 for the original PUD. The area requesting rezoning is not within the
developed area but to the south of Cattail Street and is undeveloped.
The subject property is a part of a minor subdivision originally platted in
1997 by the current owners, Gallatin Center Limited Partnership. No future
development plans were submitted with the application. The primary
purpose of the original PUD was to allow alternative street design standards,
see Applications Z-98192 and Z-04033.
The property is not within the NCOD, a historic district, or a city recognized
106
neighborhood. The underlying Future Land Use designation is Regional
Commercial and Service. The existing B-P and B-2, as well as the proposed B-
2M zoning are implementing districts of the Community Commercial Mixed-
Use classification. The properties directly to the south and west are in the
Urban Neighborhood designation. The properties to the east are Maker
Space Mixed-Use. See Map Series in Section 1 in the staff report.
The property is bounded by a Principal Arterial to the east (19th Avenue), a
Minor Arterial on the south (Baxter Lane), and Collectors on the west and
north (27th Avenue/Thomas Drive and Cattail Street), according to the
Bozeman Transportation Master Plan.
Community Development Board (Zoning Commission) Summary
The Zoning Commission held a public hearing on the application on June 16,
2025. No public comment was received. In conclusion the Commission voted
(6:0) to recommended approval of the zoning request. A full video recording
of the hearing can be reviewed at the following link. Board discussion starts
at time stamp 42:19.
https://bozeman.granicus.com/player/clip/2509?view_id=1&redirect=true
Public comment has been received on the application and be received at the
following link.
Comment [External Link]
UNRESOLVED ISSUES:There are no identified conflicts on this application.
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.
FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds
will be changed by this Zone Map Amendment.
Attachments:
24626 Gallatin Center ZMA CC SR.pdf
Report compiled on: June 17, 2025
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Page 1 of 31
24626, Staff Report for the Gallatin Center Zone Map Amendment
Public Hearing Date(s): Community Development Board acting in their capacity as
the Zoning Commission hearing on June 16, 2025, at 6:00 pm.
City Commission hearing is on July 1, 2025, at 6:00 pm.
Project Description: The Gallatin Center zone map amendment requests
amendment of the City Zoning Map on 68.33 acres plus the adjacent right-of
way from B-2 (Community Business District) and B-P (Business Park District)
to B-2M (Community Business District-Mixed).
Project Location: The property is subject property is generally located on the
northwest corner of North 19th Avenue and Baxter Lane and legally described
as Lot 3 (less Gallatin Center Subdivision Phase 1-4), Minor Subdivision No.
210 situated in the Southeast One-Quarter (SE ¼) and Northeast One-Quarter
(NE ¼) of Section 35, Township One South (T1S), Range Five East (R5E),
P.M.M., Gallatin County, Montana.
Recommendation: Meets standards for approval
Community Development Board Recommended 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 24626 and move to recommend approval of the Gallatin
Center Zone Map Amendment, with contingencies required to complete the
application processing.
Recommended City Commission Recommended 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 24626
and move to approve the Gallatin Center Zone Map Amendment, with
contingencies required to complete the application processing.
Report Date: June 17, 2025
Staff Contact: Tom Rogers, Senior Planner
Agenda Item Type: Action – Legislative
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24626 Staff Report for the 2025 Gallatin Center Zone Map Amendment Page 2 of 31
EXECUTIVE SUMMARY
Unresolved Issues
None identified at this time.
Project Summary
The owner, Gallatin Center Limited Partnership, P.O. Box 906, Bozeman, MT 59771,
submitted application to rezone a property totaling 63.33 acres, plus adjacent right-of-
way, from B-P and B-2 to B-2M (Community Commercial Mixed). The property is within
the Gallatin Center Planned Unit Development (PUD) which includes businesses such
as Target, WinCo Foods, Bob Ward’s Sports, PetSmart, and Staples, among others. See
Application Z-98192 for the original PUD. The area requesting rezoning is not within the
developed area but to the south of Cattail Street and is undeveloped.
The subject property is a part of a minor subdivision originally platted in 1997 by the
current owners, Gallatin Center Limited Partnership. No future development plans were
submitted with the application. The primary purpose of the original PUD was to allow
alternative street design standards, see Applications Z-98192 and Z-04033.
The property is not within the NCOD, a historic district, or a city recognized
neighborhood. The underlying Future Land Use designation is Regional Commercial and
Service. The existing B-P and B-2, as well as the proposed B-2M zoning are implementing
districts of the Community Commercial Mixed-Use classification. The properties directly
to the south and west are in the Urban Neighborhood designation. The properties to the
east are Maker Space Mixed-Use. See Map Series in Section 1 below.
The property is bounded by a Principal Arterial to the east (19th Avenue), a Minor Arterial
on the south (Baxter Lane), and Collectors on the west and north (27th Avenue/Thomas
Drive and Cattail Street), according to the Bozeman Transportation Master Plan.
Application materials can be viewed on the City’s development map at the following link.
https://weblink.bozeman.net/WebLink/Browse.aspx?id=299104&dbid=0&repo=BOZEMAN
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24626 Staff Report for the 2025 Gallatin Center Zone Map Amendment Page 3 of 31
Community Development Board (Zoning Commission) Summary
The Zoning Commission held a public hearing on the application on June 16, 2025. No
public comment was received. In conclusion the Commission voted (6:0) to
recommended approval of the zoning request. A full video recording of the hearing can
be reviewed at the following link. Board discussion starts at time stamp 42:19.
https://bozeman.granicus.com/player/clip/2509?view_id=1&redirect=true
Public comment has been received on the application and be received at the following
link.
Comment [External Link]
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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24626 Staff Report for the 2025 Gallatin Center Zone Map Amendment Page 4 of 31
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 .............. 9
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS................................................. 9
SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ....................... 10
Section 76-2-304, MCA (Zoning) Criteria ...................................................................... 10
PROTEST NOTICE FOR ZONING AMENDMENTS ................................................................ 27
APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND ......................... 28
APPENDIX B - NOTICING AND PUBLIC COMMENT ........................................................... 29
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ............................ 29
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF ...................................... 31
FISCAL EFFECTS .................................................................................................................... 31
ATTACHMENTS ...................................................................................................................... 31
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SECTION 1 - MAP SERIES
Figure 1: Location Map
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Figure 2: Future Land Use Designations
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Figure 3: Current Zoning Map
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Figure 4: Applicant Exhibit
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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 B-2M shall be identified as the “2025 Gallatin Center Zone Map
Amendment”.
2. The applicant must submit a zone amendment map, titled “2025 Gallatin Center
Zone Map Amendment”, acceptable to the Director of Public Utilities, 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.
3. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides an editable metes and bounds legal description prepared by a licensed
Montana surveyor.
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 16, 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 hearing on the zone map amendment on July 1,
2025. The hearing will begin at 6 p.m. in the Commission Room at City Hall, 121 N. Rouse
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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.
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
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24626 Staff Report for the 2025 Gallatin Center Zone Map Amendment Page 11 of 31
the future land use map. The introduction to that chapter discusses the importance of
the chapter. Following are some excerpts.
“Future land use is the community’s fundamental building block. It is an
illustration of the City’s desired outcome to accommodate the complex and
diverse needs of its residents.”
“The land use map sets generalized expectations for what goes where in the
community. Each category has its own descriptions. Understanding the future
land use map is not possible without understanding the category
descriptions.”
The area of this application is within the annexed area of the City and where there is
anticipated redevelopment within the City as discussed below. As shown on the maps
in Section 1, on the excerpt of the current future land use map, the property is designated
as Regional Commercial and Service. The Regional Commercial and Service designation
description reads:
“Regionally significant developments in this land use category may be developed
with physically large and economically prominent facilities requiring substantial
infrastructure and location near significant transportation facilities. Due to the
scale of these developments, location, and transition between lower density
uses is important. Residential space should be located above the first floor to
maintain land availability for necessary services. Development within this
category needs well-integrated utilities, transportation, and open space
networks that encourage pedestrian activity and provide ready access within and
adjacent to development. Large community scale areas in this land use category
are generally 75 acres or larger and are activity centers for several surrounding
square miles. These are intended to service the overall community as well as
adjacent neighborhoods and are typically distributed by a one-to two-mile
separation.”
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, the existing B-P
is not an implementing district
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of this future land use designation. Both the existing B-P and B-2 and the proposed B-2M
districts are implementing district of the Regional Commercial and Service future land
use designation.
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
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.
Although no specific development plans accompany the zoning application, the
narrative indicates a residential component is being contemplated. Two primary benefits
of the B-2M zoning classification are the reduction in parking requirements and it allows
residential use on the ground floor without any additional public process. And, as noted
in recent development patterns, the majority of development occurring in the B-2M zone
is entirely residential. This, in part, is why the draft zoning map associated with the city
initiated UDC revision proposes B-2 for this site. However, there are three sites in
Bozeman that have applied the B-2M zone to the Regional Commercial and Services
designation. They are old K-Mart site on North 7th, the 290-unit Lumberyard Apartment
complex to the north of Kenyan Knoble, and the Medical Eye Specialists site at the
intersection of North 27th and East Valley Center. The old K-Mart site is unique because
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the B-2M district was originally developed to implement the North 7th Corridor Plan and
the property is within the affected area.
The City’s development code anticipates the possibility that a commercial area will
initially develop as residential. Pursuant to section 38.510.030, BMC, a non-residential
area is required to allow future conversion from a residential use to commercial, like
what is seen in older commercial and mixed-use buildings in the city. Construction of
residential buildings in the Regional Commercial designated areas poses some
incongruencies between the intent of the Regional Commercial designation and the use.
In the applicant’s submittal, sheet 004 ZMA Criteria Narrative, arguments that…
“Land Use Goal 1 in the growth policy states the appeal to
“concentrate development in areas where a full range of services are available
and results in fiscally efficient delivery of public services”. This land use goal
specifically encourages “development in areas already served or planned to be
served by utilities and public services” (LU1-7). This property has public
infrastructure surrounding in all adjacent streets and has a water main running
through. Future development will involve further expansion of these public
utilities. Since the property is centrally located in the City of Bozeman,
surrounded by residential and commercial development and public
infrastructure, providing the opportunity for additional residential and
commercial use would be beneficial to the community and would help achieve
Land Use Goal 1.
Additionally, Land Use Goal 2 “encourage[s] residential development in areas
planned or zoned for residential use recognizing and addressing the link between
location of housing and location of infrastructure, community facilities and
services.” If the property zoning is amended to B-2M, it would allow for residential
and commercial development opportunity central to existing commercial
development. This zoning would promote types of development which align with
Land Use Goal 2.”
Section 38.300.110, BMC states that the intent and purposes of the commercial zoning
districts are to establish areas within the city that are primarily commercial.
Subsection C continues describing that the intent of the B-2M community business
district-mixed is to function as a vibrant mixed-use district that accommodates
substantial growth and enhances the character of the city. This district provides for a
range of commercial uses that serve both the immediate area and the broader trade
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24626 Staff Report for the 2025 Gallatin Center Zone Map Amendment Page 14 of 31
area and encourages the integration of multi-household residential as a secondary
use. Use of this zone is appropriate for arterial corridors, commercial nodes and/or
areas served by transit. [Emphasis added.]
Form and intensity standards for the B-2M zone are found in table 38.320.050 [External
Web Link] for commercial zones. There is no minimum lot size in the B-2M zone.
Residential zones do have maximum lot size to ensure block size and access is
developed to a human scale and encourages development meeting other goals of the
city. Although the city requires block length and width standards, it is more challenging
to create residential neighborhoods within commercial zones.
Considering the eclectic character of vicinity, B-2M zone appears to be appropriate
zoning designations. The area is a transitional area between North 19th Avenue and the
existing and emerging residential areas to the west of 27th Avenue.
The property to the north, south, and east are all designated as Regional Commercial
and Service in the Future Land Use Map. Most of the City’s major retailers, large
commercial buildings and other elated activities have developed in the corridor. North
19th Avenue is a designated Major Arterial while Baxter Lane is a Minor Arterial, and
Cattail Street is a Collector according to the Bozeman Transportation Plan.
Staff did not identify goals and objectives the proposed amendment is in direct conflict
with. Goals and objectives that are in support of the amendment include:
THEME 3 | GOALS, OBJECTIVES, AND ACTIONS
DCD-2.2 Support higher density development along main corridors and at
high visibility street corners to accommodate population growth and
support businesses.
DCD-1.5 Identify underutilized sites, vacant, and undeveloped sites for
possible development or redevelopment, including evaluating possible
development incentives.
DCD-2.7 Encourage the location of higher density housing and public
transit routes in proximity to one another.
In conclusion, changing from B-P and B-2 to B-2M is in accordance with the City
of Bozeman’s Growth Policy Plan. It will allow for a greater level of density, promote
pedestrian and alternative forms of travel, create communal stability within long
term zoning, and allow for a stronger level of future adaptability.
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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
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 and
adopted facility plans. 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
partially constructed intersections and streets. North 27th Avenue and internal street
network will be required to be constructed upon development as required by the city’s
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24626 Staff Report for the 2025 Gallatin Center Zone Map Amendment Page 16 of 31
development standards. 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
development of
parks and trails
Park, Recreation,
and Active
Transportation
Plan
Subdivision or site plan
review
38.5 Project
Design
Site layouts,
landscaping,
building
configuration,
signs, lighting
Site plan and building
permit
D. Facilitate the provision of transportation, water, sewerage, schools, parks, and
other public requirements.
Criterion met. The 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.
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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.”
Municipal water and sewer surround the site. These include 12-inch ductile iron water
pipe in Cattail, 19th, Baxter, and 27th. Wastewater systems include a 24-inch service line
in Baxter Lane, an 8-inch line under 27th and Max Avenues, and an 8-inch stub serving the
northern part of the property. Additional capacity will likely be required if a heavy
residential component is proposed with future development. No increase in intensity
can be approved without adequate service to meet demands.
No park analysis has been conducted in the Gallatin Center PUD as that development
has been entirely non-residential to date. Future subdivision or site plan review will
require analysis for compliance with 38.420, Park and Recreation Requirements.
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
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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
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 B-2M district provides
adequate light and air through the Bozeman Unified Development Code’s standards for
park and recreation requirements, on-site open space for residential uses, maximum
building height, lot coverage, and setback requirements.
The form and intensity standards, Division 38.320.050, provide minimum lot areas, lot
widths, lot coverage and maximum floor area ratios, and prescribe required 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
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edge transitions do not apply to this property if the B-2M 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 B-2M will affect
the City’s motorized and non-motorized transportation system with potential increased
traffic and vehicle trips on perimeter roads and the internal circulation system. The
property is well positioned to accommodate addition traffic loads being surrounded by
primary transportation routes. These include a Principal Arterial to the east (19th Avenue),
a Minor Arterial on the south (Baxter Lane), and Collectors on the west and north (27th
Avenue/Thomas Drive and Cattail Street), according to the Bozeman Transportation
Master Plan. The City is pursuing construction of the absent section of N. 27th under its
capital improvement program, project SIF152 as discussed further below.
The proposed zoning encourages increased intensity and density. 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
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municipal facilities when specific construction has been identified. Furthermore, these
future development reviews will ensure that development under the new zoning will
comply with the City’s standards for the provision of onsite parking for bicycles and
vehicles, as well as the requirements for onsite circulation.
Traffic impacts will be studied by the development team to demonstrate compliance
with the City’s long-range transportation plans. Future project development will ensure
compliance with the acceptable traffic limits identified in the transportation plans, as
well as provide for the dedication of rights of way, construction or reconstruction of
streets and trails, payment of impact fees, and other contributions as will be applicable
to this project.
The proposed zoning encourages increased intensity and density. Based on adopted
street standards future internal street network will resemble what has developed with
the properties to the north and east that include Rawhide, Max Avenue, and
Kimberwicke. Similarly, maximum block length and width standard will likely demand
additional north/south and east/west internal streets to fully develop the circulation
system.
As previously mentioned, the City conducts extensive planning for municipal
transportation, water, sewer, parks, sustainability, and other facilities and services
provided by the City. The adopted plans allow the City to consider existing conditions;
and identify enhancements needed to provide service to new development.
The subject properties are within the City’s land use, transportation, parks, and utility
planning areas. Those plans show this property as developing within the City when
development is proposed. The 2025-2049 CIP [External link] shows transportation
system expansion projects on Thomas Drive/North 27th Avenue with an intent is to start
construction this summer/fall. It will be one travel lane in each direction, raised median
with turn lanes as needed, paved shared use paths both sides, signal at Baxter
(roundabout didn't fit with powerlines) and roundabout at Cattail. System expansion will
likely include Rawhide and Sartain to the east.
Future development and redevelopment of the property will be required to comply with
transportation-related standards and reviewed for impacts on the surrounding streets,
intersections, and sidewalks, and improvements to the transportation network to serve
the site, which will improve the overall transportation system. These improvements
include provisions for non-motorized transportation systems. The change in zoning
district will have a minimal effect on required road improvements, pedestrian or bicycle
facilities, or similar compliance with standards.
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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 ranging 21 to approximately 41 depending on where one stands
in the property. According to Walk Score® the walks score measures the walkability of
any address based on the distance to nearby places and pedestrian friendliness.
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
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
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development standards relating to the walk score. The completion of N 27th and other
streets in association with development of the site will increase connectivity, provide
pedestrian and bicycle facilities, and is expected to result in an improved walk score.
The site is partially served by the Streamline Bus service. The Blue Route serves the
general area with stops on Cattail Street and Baxter Lanes. However, Streamline routes
are subject to change without notice.
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 Regional Commercial.
These designations correlate with several zoning districts including the B-2M district
proposed by the applicants. The districts were developed by the City to promote
appropriate urban growth compatible with the areas of the City 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 currently zoned B-2 (partially) and bounded by existing B-2 zones
on the north and east sides, REMU, R-4, M-1, and un-annexed land on the remainder of
the site. The subject property is entirely separated from other zones by primary street
corridors except for the Baxter Lane Post office which sits on an un-annexed piece of
property although zoned as PLI in the Gallatin County Bozeman Area Zoning District
(Donut). The other un-annexed property to the west of North 27th is zoned A-S in the
Donut. This is an interesting fact because the A-S zone requires a minimum lot size of 20
acres per residential development. However, in this case the lots within the Baxter Lane
Subdivision No.1 were created in 1971, well before the adoption of the Gallatin County
Bozeman Area Zoning District. Most of the properties adjacent to the project site have
annexed and have completed development or are in development review over the past
two and a half decades.
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Municipal Code
Section and Title
Subject Related Documents When standard is
applied
38.310 Permitted
Uses
What can be done
where in the city.
Growth policy Subdivision, site
plan, 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
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
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character. This is especially true when applying zoning to undeveloped areas as any new
construction will alter the physical characteristics of the area.
The City has defined compatible development as:
“The use of land and the construction and use of structures which is in harmony
with adjoining development, existing neighborhoods, and the goals and objectives
of the city's adopted growth policy. Elements of compatible development include,
but are not limited to, variety of architectural design; rhythm of architectural
elements; scale; intensity; materials; building siting; lot and building size; hours
of operation; and integration with existing community systems including water
and sewer services, natural elements in the area, motorized and non-motorized
transportation, and open spaces and parks. Compatible development does not
require uniformity or monotony of architectural or site design, density or use.”
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
[B-2M] to be compatible with adjacent development and consistent with the residential
and commercial character of the area.
Community business district-mixed (B-2M)
1. The intent of the B-2M community business district-mixed is to function as a
vibrant mixed-use district that accommodates substantial growth and
enhances the character of the city. This district provides for a range of
commercial uses that serve both the immediate area and the broader trade
area and encourages the integration of multi-household residential as a
secondary use. Design standards emphasizing pedestrian- oriented design are
important elements of this district. Use of this zone is appropriate for arterial
corridors, commercial nodes and/or areas served by transit.
The city has adopted many standards to identify and avoid or mitigate demonstrable
negative impacts of development. These will support the ability of future development in
the proposed B-2M district to be compatible with the proposed adjacent mixed-use
district, where both will help serve the expanding residential development within this
southern region of the city. The proposed zone district allows the applicant to construct
a variety of commercial-sized buildings as well as some secondary residential uses like
townhomes and apartment buildings.
It is difficult to characterize the current land uses in the area. The size of the property and
the fact it is undeveloped and there are other undeveloped parcels in the area show that
the final character is evolving. The B-2M district allows a wide variety of uses, including
residential, that, upon development, will inform the character of the area. Looking at a
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larger scale, generally wider than most feel comfortable walking, include a mix of uses
including large scale retail, fast food restaurants, gas station, multi-unit and single
household residential, general retail, and a variety of others uses.
Further, the existing zoning is B-P and B-2, both are primarily commercial character
districts. The proposed B-2M is also primarily commercial in nature. The property is not
within the Neighborhood Conservation Overlay District, a historic district, or any other
designated area. B-2M is an implementing district of the Regional Commercial and
Services future land use designation. Therefore, staff finds the B-2M supports the
character of the district.
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
38.310 Permitted
Uses
What can be done
where in the city.
Growth policy Subdivision, site plan,
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
38.340 Overlay
District Standards
Historic
preservation
SOI Standards for
Historic
Preservation,
Design Guidelines
for Historic
Preservation
Site plan and building
permit
38.5 Project
Design
Site layouts,
landscaping,
building
configuration,
signs, lighting
Site plan and building
permit
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I. Peculiar suitability for particular uses.
Neutral. Future uses for construction on the site are not provided, so the suitability of the
site for particular uses is not easily evaluated. However, considering the proposed
zoning, the applicant’s narrative in support of their request, the physical size of the
property, geographic location, and environmental constraints future development will
likely mimic existing uses in the area.
The subject property is 68 plus acres. The size of the property would allow a numerous
design options for subdivisions and site plans that could accommodate many uses. The
B-2M zone allows nearly all types of uses except low density residential and industrial
uses. Adjacent uses are diverse. Although allowed uses in B2-M are suitable in the site
the proportion assigned to a particular use may not fully implement the overall intent of
the Regional Commercial and Services designation.
The proposed B-2M district can support many types of urban development that are likely
to serve the immediate area and region as a result of its location and proximity to major
transportation networks. Final determination of suitability will occur during the site
development process. The B-2M zone is designed to, “… function as a vibrant mixed-use
district that accommodates substantial growth and enhances the character of the city.
This district provides for a range of commercial uses that serve both the immediate
area and the broader trade area and encourages the integration of multi-household
residential as a secondary use. Design standards emphasizing pedestrian-oriented
design are important elements of this district. Use of this zone is appropriate for arterial
corridors, commercial nodes and/or areas served by transit.”
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. B-2M zoning will allow for new and diverse development
patterns on the subject parcel that compliment development on adjacent sites as does
the existing B-P and B-2 designations. Future development must comply with the
Bozeman Unified Development Code which will ensure an appropriate scale and
intensity of uses. As a result, the proposed zone map amendment is not anticipated to
negatively impact nearby building values as the development pattern will be appropriate
to the surrounding character of the district.
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 B-2M 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.
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 mixed-use 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 city has a growing need for additional
housing and retail/commercial services to the surrounding community. The zoning will
provide an increased alignment with the Community Development Plan’s desired
increase of density. The proposed B-2M offers a positive opportunity to generate a
greater sense of community scale in an established neighborhood while providing an
increase in flexibility; i.e. reducing in parking requirements allow for a more optimal land
use.”
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, Gallatin Center Limited Partnership, PO Box 906, Bozeman, MT 59771,
submitted application to rezone a property totaling 63.33 acres, plus adjacent right-of-
way, from B-P and B-2 to B-2M (Community Commercial Mixed). The property is within
the Gallatin Center Planned Unit Development (PUD) which includes businesses such
as Target, WinCo Foods, Bob Ward’s Sports, PetSmart, and Staples, among others. See
Application Z-98192 for the original PUD. The area requesting rezoning is not within the
developed are but to the south of Cattail Street and is undeveloped.
The subject property is a part of a minor subdivision originally platted in 1997 by the
current owners, Gallatin Center Limited Partnership. No future development plans were
submitted with the application. The primary purpose of the original PUD was to allow
alternative street design standards, see Applications Z-98192 and Z-04033.
The property is not within the NCOD, a historic district, or a city recognized
neighborhood. The underlying Future Land Use designation is Regional Commercial and
Service. The existing B-P and B-2, as well as the proposed B-2M zoning are implementing
districts of the Regional Commercial and Service classification. The properties directly
to the south and west are in the Urban Neighborhood designation. The properties to the
east are Maker Space Mixed-Use. See Map Series in Section 1 below.
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The property is bounded by a Principal Arterial to the east (19th Avenue), a Minor Arterial
on the south (Baxter Lane), and Collectors on the west and north (27th Avenue/Thomas
Drive and Cattail Street), according to the Bozeman Transportation Master Plan.
The primary differences between the B-2 and B-2M districts are slight differences in
building height, although that is not relevant in the Regional Commercial and Services
areas because of the height allowance in B-2 zones, more permissive residential use,
and reduction of parking requirements. Building height in the B-2 district is between 50-
60 feet, depending on roof pitch. Building height in B-2M is five (5) stories or 60 feet.
However, pursuant to table 38.320.050, maximum height may be increased by up to a
maximum of 50 percent when the zoning district is implementing a regional commercial
and services growth policy land use designation. Residential use is allowed on the
ground floor in without a Special Use Permit in the B-2M zone and may be permitted in
the B-2 district with an approved SUP.
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 24 and 31, 2025. The Community Development Board acting in their
capacity as the Zoning Commission hearing is scheduled for June 16, 2024, and the City
Commission public hearing is scheduled for July 1, 2025.
One comment has been received on the application and be received at the following link.
Comment [External Link]
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted Growth Policy Designation:
The property is designated as regional commercial and service in the Bozeman
Community Plan 2020 future land use map – see descriptions below.
“Regional Commercial and Service,” designation description reads:
“Regionally significant developments in this land use category may be developed
with physically large and economically prominent facilities requiring substantial
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infrastructure and
location near
significant
transportation
facilities. Due to the
scale of these
developments,
location, and transition
between lower-density
uses is important.
Residential space
should be located
above the first floor to
maintain land
availability for
necessary services.
Development within
this category needs
well-integrated
utilities,
transportation, and
open space networks
that encourage
pedestrian activity and
provide ready access
within and adjacent to development. Large community scale areas in this land
use category are generally 75 acres or larger and are activity centers for several
surrounding square miles. These are intended to service the overall community
as well as adjacent neighborhoods and are typically distributed by a one-to two-
mile separation.”
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 B-2M correlates with the Growth Policy’s future
land use designation of “Regional Commercial and Service”.
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Proposed Zoning Designation and Land Uses:
The applicant has requested zoning of B-2M (Community Business District-Mixed). The
intent of the B-2M district is “…to function as a vibrant mixed-use district that
accommodates substantial growth and enhances the character of the city. This district
provides for a range of commercial uses that serve both the immediate area and the broader
trade area and encourages the integration of multi-household residential as a secondary
use. Design standards emphasizing pedestrian-oriented design are important elements of
this district. Use of this zone is appropriate for arterial corridors, commercial nodes and/or
areas served by transit”.
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owner: Gallatin Center Limited Partnership, Box 906, Bozeman, MT 59771
Applicant: WWC Engineering, 895 Technology Blvd., Suite 203, Bozeman, MT 59718
Representative: WWC Engineering, 895 Technology Blvd., Suite 203, Bozeman, MT 59718
Report By: Tom Rogers, Senior Planner
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=299104&dbid=0&repo=BOZEMAN
138
Memorandum
REPORT TO:City Commission
FROM:Nicholas Ross, Director of Transportation and Engineering
SUBJECT:A Resolution Adopting Alternate Side Parking Regulations on Local Streets
for the Purpose of Winter Maintenance
MEETING DATE:July 1, 2025
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Consider the Motion: I move to approve a Resolution adopting alternate side
parking regulations on local streets for the purpose of winter maintenance.
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:In response to significant public comment received during the 2024-2025
snow year, staff seeks to improve on-street parking management on local
streets for the public safety benefits of improved winter maintenance and
emergency response. As means of improving operational service to our
community and building trust through inclusion of the public and
Commission in decision making, city staff seeks approval from the Bozeman
City Commission of a Resolution adopting alternate side parking regulations
on local streets for the purpose of winter maintenance.
Commission hosted the city's Director of Transportation and Engineering for
a work session on the topic in April of 2025 during which outcomes of the
city's 2025 pilot program of alternate side parking restrictions in the
downtown core south of Main Street were presented for feedback along
with several other potential parking management solutions. A similar work
session was given to the city's Interneighborhood Council and
Transportation Advisory Board serving as Parking Commission. Feedback
from both boards and Commission were understood by staff to be positive
on the future adoption and expansion of alternate side parking regulations
for winter maintenance. Staff has proposed formalizing a program of
regulations, to be designated with street signage and enforced by the city's
Parking Division, that would serve neighborhoods on the Tuesday weekly
snow plowing schedule (in Year-1 of the program) in a manner that would
allow clear access from travel lanes to the edge of street on alternating sides
of the street by week of month. On-street parking on the side of the street
with odd-numbered addresses would be restricted on the first and third
Tuesday of the month. On-street parking on the side of the street with even-
numbered addresses would then be restricted on the second and fourth
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Tuesday of the month. The proposed period of alternate side parking
restrictions would occur from December 1st through March 31st. Winter
maintenance would continue occurring through the regulated areas on
Tuesdays prior to and following the period of enforcement on an as-needed
basis without enforcement of the proposed alternate side regulations. All
existing parking regulations will remain, and streets with existing permanent
restriction of on-street parking would not fall under the proposed alternate
side regulations. Similar regulations may be expanded to additional parts of
the city in the future.
Staff research has found that various forms of on-street parking regulations
are common to all winter weather cities experiencing similar levels and
durations of snow accumulation as Bozeman. Alternate side restrictions
were the most prevalent form of regulation, while many require full removal
of parking after periods of snowfall. At this time, full removal of parking has
been determined to be detrimental to community interests and will not be
proposed until a time when alternate side restrictions prove to be
unsuccessful and community support is gained for higher-impact parking
removals.
Bozeman Streets Division provides a relatively unique level of service for
local street winter maintenance through a fleet of motor graders equipped
with snow gates to reduce the prevalence of depositing a windrow of snow
across driveways, mailboxes, and curb ramps. The speed of this operation
coupled with size of operator staff and equipment fleet only allows the city
to provide up to weekly service, whereas most cities studied plow snow at
faster rates with traditional plows that bury in driveways. For this reason,
staff has proposed the form of alternate side parking regulations presented
above specific to the needs of Bozeman.
The Interneighborhood Council has voted unanimously by all eligible voting
members to approve a Resolution recommending Commission adopt
alternate side parking regulations during their June 12, 2025 meeting . The
Transportation Advisory Board has also unanimously voted to approve a
similar Resolution at their June 25, 2025 meeting.
The Commission Resolution is attached for review along with proposed draft
of regulatory signage.
Please note that this Resolution gives authority to the director of
transportation and engineering to enact future expansion of these
regulations without Commission approval. However, Commission is
welcomed to provide future input as needed.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the Commission.
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FISCAL EFFECTS:Cost of installation of regulatory signage and enforcement of the proposed
regulations has been accounted for in the upcoming FY26 Operating Budget.
Attachments:
FINAL Resolution Adopting Alternate Side Parking
Regulations for Winter Maintenance.docx
Snow_Removal-No_Parking.jpg
Report compiled on: June 3, 2025
141
Version February 2023
RESOLUTION ####
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
ADOPTING ALTERNATE SIDE PARKING REGULATIONS ON LOCAL STREETS FOR THE
PURPOSE OF WINTER MAINTENANCE
WHEREAS, the city of Bozeman Streets Division has the responsibility for winter
maintenance, including snow removal, on city-owned and maintained public rights of way
designated as Local Streets in the city Functional Classification System; and
WHEREAS, adequate winter maintenance is required for mobility, deliveries, and public
safety; and
WHEREAS, clear access from travel lane to the edge of street is necessary for performance
of winter maintenance activities; and
WHEREAS, Bozeman Municipal Code Sec. 36.04.080 authorizes the director of
transportation and engineering to make and enforce such regulations, relative to parking, for
maintenance of streets; and
WHEREAS, in the course of their duties and with concurrence from the city of Bozeman
Fire Chief representing the concern of public safety, the director of transportation and
engineering has determined it necessary to make and enforce alternate side parking regulations
on local streets in certain areas of the city experiencing high utilization of on-street parking that
obstructs the necessary clear access from travel lane to the edge of street for the purpose of
winter maintenance; and
WHEREAS, the city successfully completed a pilot program of alternate side parking
regulations in downtown neighborhoods south of Main Street, known as the “Odd-Even Parking
Pilot Program”, during the winter of 2025 with public support; and
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Version February 2023
WHEREAS, the city of Bozeman Interneighborhood Council adopted Resolution 2025-02
recommending adoption of alternate side parking regulations to Bozeman City Commission on
June 12, 2025; and
WHEREAS, the city of Bozeman Transportation Advisory Board serving as the city of
Bozeman Parking Commission adopted Resolution 2025-01 recommending adoption of alternate
side parking regulations to Bozeman City Commission on June 25, 2025;
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana, to wit: the director of transportation and engineering may enact an alternate side
parking regulation program on city-owned and maintained local streets at their discretion based
on the need for adequate winter maintenance and delegate enforcement of said parking
regulations to the city of Bozeman Parking Division under Bozeman Municipal Code Sec.
36.04.030 and Sec. 36.04.380.
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
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