HomeMy WebLinkAbout08-26-25 City Commission Agenda and Packet MaterialsA. Call to Order - 4:00 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 Commissioner Emma Bode (Maas)
E. Public Service Announcements
F. FYI
G. Commission Disclosures
THE CITY COMMISSION OF BOZEMAN, MONTANA
REGULAR MEETING AGENDA
Tuesday, August 26, 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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Consider the Motion: I move to authorize the absence of Commissioner Emma Bode.
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H. Consent
H.1 Accounts Payable Claims Review and Approval (Edwards)
H.2 Authorize the City Manager to Sign a Bozeman Parks and Trails Community Grant
Agreement with the Bozeman School District 7 for Playground Facility and Access
Improvements at Emily Dickinson School(Jadin)
H.3 Authorize the City Manager to Sign the FY26 Missouri River Drug Task Force (MRDTF) Grant
Agreement with Gallatin County(Grabinski)
H.4 Authorize the City Manager to sign an agreement with TargetSolutions Learning LLC, to add
the Vector Evaluations+ Platform to the Fire Department's existing learning management
system(Short)
H.5 Authorize the City Manager to Sign the Agreement with the Gallatin Valley Urban
Transportation District for Streamline Bus Services.(Grabinski)
H.6 An Ordinance Provisionally Adopting of the Gallatin Center Zone Map Amendment,
Modifying Zoning from a combination of B-2 and B-P to B-2M, Community Commercial-
Mixed District, on 67.709 Acres on Property Located on the northwest corner of North 19th
Avenue and Baxter Lane, the Gallatin Center Zone Map Amendment, Application
24626(Rogers)
I. Public Comment on Non-agenda Items Falling Within the Purview and Jurisdiction of the
Commission
J. Action Items
J.1 Resolution Establishing Fiscal Year 2026 (FY26) Property Tax Levies and Related Actions and
Resolutions(Hodnett)
K. Work Session
K.1 Follow-up Discussion of Unified Development Code Update on Zoning Districts and Uses and
Mass and Scale and Direction to Staff, Application 21381(Saunders/George)
This is the time to comment on any matter falling within the scope of the Bozeman City
Commission. There will also be time in conjunction with each agenda item for public comment
relating to that item but you may only speak once per topic. Please note, the City Commission
cannot take action on any item which does not appear on the agenda. All persons addressing the
City Commission shall speak in a civil and courteous manner and members of the audience shall be
respectful of others. Please state your name, and state whether you are a resident of the city or a
property owner within the city in an audible tone of voice for the record and limit your comments
to three minutes.
Written comments can be located in the Public Comment Repository.
Consider each Motion:
1. Adopt the resolution converting voted mills to dollars.
2. Adopt the resolution repealing section 3 of Resolution 3954.
3. Adopt the resolution establishing and affixing property tax mill levies for fiscal year 2026.
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L. Special Presentation
L.1 Special presentation on process, projections, and other data for the Bozeman Community
Plan Technical Compliance Update, Application 23333(Saunders)
M. Appointments
N. FYI / Discussion
O. Adjournment
City Commission meetings are open to all members of the public. If you have a disability that
requires assistance, please contact our ADA Coordinator, David Arnado, at 406.582.3232.
Commission meetings are televised live on cable channel 190 and streamed live on our Meeting
Videos Page.
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Memorandum
REPORT TO:City Commission
FROM:Alex Newby, Deputy City Clerk
Mike Maas, City Clerk
SUBJECT:Authorize the Absence of Commissioner Emma Bode
MEETING DATE:August 26, 2025
AGENDA ITEM TYPE:Administration
RECOMMENDATION:Consider the Motion: I move to authorize the absence of Commissioner
Emma Bode.
STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver
information to the community and our partners.
BACKGROUND:Commissioner Emma Bode notified Mayor Cunningham of the intended
absence.
UNRESOLVED ISSUES:None.
ALTERNATIVES:None.
FISCAL EFFECTS:None.
Report compiled on: August 15, 2025
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Memorandum
REPORT TO:City Commission
FROM:Rhonda Edwards, Accounts Payable Clerk
Serena Axelson, Accounts Payable Clerk
Aaron Funk, City Controller
Melissa Hodnett, Finance Director
SUBJECT:Accounts Payable Claims Review and Approval
MEETING DATE:August 26, 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 August 27, 2025.
UNRESOLVED ISSUES:None
ALTERNATIVES:The City Commission could decide not to approve these claims or a portion
of the claims presented. This alternative is not recommended as it may
result in unbudgeted late fees assessed against the City.
FISCAL EFFECTS:The total amount of the claims to be paid is presented at the bottom of the
Expenditure Approval List posted on the City’s website at
https://www.bozeman.net/departments/finance/purchasing.
Report compiled on: August 21, 2024
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Memorandum
REPORT TO:City Commission
FROM:Addi Jadin, Park Planning and Development Manager
Mitch Overton, Director of Parks and Recreation
SUBJECT:Authorize the City Manager to Sign a Bozeman Parks and Trails Community
Grant Agreement with the Bozeman School District 7 for Playground Facility
and Access Improvements at Emily Dickinson School
MEETING DATE:August 26, 2025
AGENDA ITEM TYPE:Agreement - Agency/Non-profit
RECOMMENDATION:Authorize the City Manager to Sign a Bozeman Parks and Trails Community
Grant Agreement with the Bozeman School District 7 for Playground Facility
and Access Improvements at Emily Dickinson School
STRATEGIC PLAN:6.5 Parks, Trails & Open Space: Support the maintenance and expansion of
an interconnected system of parks, trails and open spaces.
BACKGROUND:The Bozeman Parks and Trails Community Grant Program (Community Grant
Program) replaces the former Parks Improvement Grant Program. The
Community Grant Program is administered by the Bozeman Parks and
Recreation Department utilizing a portion of Cash-In-Lieu of Parkland funds
in the Park Land Trust Fund which are budgeted, reviewed, and ultimately
allocated by the City Commission during the budgeting process. The
Bozeman Parks and Urban Forestry Board, with assistance from Parks and
Recreation Staff, reviews applications and awards the allocated grant
funding when appropriate. All Community Grant funding awards must meet
State and local requirements for the utilization of cash-in-lieu of parkland
funds.
Emily Dickinson Parent Action Committee (PAC) submitted a grant
application on behalf of Bozeman School District 7 (BSD7) to the Bozeman
Parks and Trails Community Grant Program for funding to support
playground facility and access improvements at Emily Dickinson school. The
funding recommended by the Urban Parks and Forestry Board is for picnic
tables ($33,539) and a sidewalk connection ($37,500). The picnic tables are
for a new pavilion that will serve as an outdoor classroom, outdoor
lunchroom during school days, and as a publicly accessible picnic area for the
neighborhood and community during non-school hours. The sidewalk is a
critical connection into the playground area where vehicular traffic volume is
very high during school drop-off and pick-up and general site access is
inadequate partly due to a private park on the east side of the school
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property. The sidewalk design solution was supported by the City's
Transportation Department through a Safe Routes Partnership grant and
other community partners. The PAC has provided significant match for the
pavilion and sidewalk projects including cash and in-kind design services as
outlined in the grant application.
Emily Dickinson school playground is situated in a part of town with a high
amount of cash-in-lieu of parkland available from recent high-density
development. The partnership with the school to provide a community
recreation hub is supported in the Parks, Recreation and Active
Transportation Plan and the funding will have a high impact given the
school's high enrollment.
In order to proceed with the purchase of the picnic tables for use this fall,
the Parks and Recreation Department would make the purchase directly.
The amount of the picnic tables is slightly less than requested at $30,238.31.
The remainder of the funds will stay in the Park Land Trust Fund. A separate
grant agreement or an amendment will be created for the sidewalk prior to
its construction.
UNRESOLVED ISSUES:NA
ALTERNATIVES:Per Commission
FISCAL EFFECTS:Funding for the Community Grant Program is authorized in the FY26 budget
with a total amount of $220,000 from the Cash-in-Lieu / Park Land Trust
Fund.
Attachments:
BSD7-Grant-Agreement_Emily-Dickinson-Playground.docx
Exhibit-A_Emily-Dickinson-Application.pdf
Report compiled on: August 1, 2025
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CITY OF BOZEMAN GRANT AGREEMENT
Emily Dickinson 2025 Parks Community Grant
THIS AGREEMENT is made and entered into this ____ day of __________, 20__ by and
between the City of Bozeman, Montana, a self-governing municipal corporation operating
pursuant to its Charter and the laws of the State of Montana, located at 121 N. Rouse Ave.,
Bozeman MT 59771 (“City”) as GRANTOR and Bozeman School District 7, located at 404
West Main Street, Bozeman, MT 59715 (“BSD7”) as GRANTEE.
WHEREAS, on October 17, 2005 the Bozeman City Commission adopted Resolution No. 3866
establishing policies for the granting of funds from the City of Bozeman to a requesting entity;
and
WHEREAS, Emily Dickinson PAC submitted a grant application (Exhibit A) to the City
Commission’s Urban Parks and Forestry Board (“the Grant”) of $88,939 for playground
furniture, pavilion feature, and a sidewalk that would benefit from the City funding; and
WHEREAS, the City Commission may make grants of money for public purposes pursuant to
Sect. 7-1-4124(9), MCA; and
WHEREAS, the City Commission determines the granting of funds under this Agreement is for
a public purpose benefitting the community by creating a recreational community hub as
encouraged in the Parks, Recreation and Active Transportation Plan;
WHEREAS, on June 25, 2024, the Commission appropriated $220,000 for the 2025 Bozeman
Parks and Trails Community Grant Program; and
WHEREAS, on July 24, 2025 the Urban Parks and Forestry Board recommended funding of the
playground furniture and sidewalk in the grant application in the amount of seventy-one
thousand thirty-nine dollars ($71,039.00) and for the Parks and Recreation Director to submit a
Grant Agreement to the City Commission for approval.
THE PARTIES AGREE:
The Grant.
a. The GRANTOR will immediately purchase the picnic tables on behalf of the
GRANTEE at a sum of thirty thousand two hundred and thirty-eight dollars and
thirty-one cents ($30,238.31) from its Park Land Trust Fund.
b. The City will grant and release to GRANTEE a sum of up to forty thousand eight-
hundred dollars and sixty-nine cents ($40,800.69) from its Park Land Trust Fund
(the “Grant”) pursuant to the payment terms in Section 3.
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2. Use of Grant Funds. Grant funds in the amount of up to forty thousand eight-hundred
dollars and sixty-nine cents ($40,800.69) will be used by GRANTEE for the sole
purposes of picnic table assembly and sidewalk construction as described in the proposal
submitted by GRANTEE to the City Commission, attached hereto as Exhibit A and by
this reference incorporated herein.
3. Payment of Grant Funds
a. GRANTEE may request the Grant funds during the fiscal year ending June 30,
2026 as needed by providing proof of expenses paid. Acceptable forms of proof
of payment shall be as determined in the sole discretion of the City’s Director of
Finance.
b. Unless otherwise approved by the Director of Finance, any funds from the Grant
not awarded during the fiscal year ending June 30, 2026 will remain in the City’s
Park Land Trust Fund and will be available for other appropriation.
c. The City will have no obligation to pay any Grant funds unless at the time of the
request for payment (i) all of GRANTEE’s representations as set forth in Section
4 are true and correct, and (ii) GRANTEE is not in breach of any term of this
Agreement. If any of the above conditions are not satisfied in sole the
determination of the City, the City shall have no obligation to make payment and
the City’s determination to refrain from paying, or its inability to pay, any of the
Grant funds shall not be or result in a default of this Agreement.
4. Grantee Representations
a. GRANTEE has familiarized itself with the nature and extent of this Agreement
and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect GRANTEE’s performance under
this Agreement.
b. GRANTEE represents and warrants to City that it has the experience and ability
to perform its obligations under this Agreement; that it will perform said
obligations in a professional, competent and timely manner and with diligence
and skill; that it has the power to enter into and perform this Agreement and grant
the rights granted in it; and that its performance of this Agreement shall not
infringe upon or violate the rights of any third party, whether rights of copyright,
trademark, privacy, publicity, libel, slander or any other rights of any nature
whatsoever, or violate any federal, state and municipal laws. The City will not
determine or exercise control as to general procedures or formats necessary for
GRANTEE to meet this warranty.
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c. GRANTEE represents and warrants to City that the Grant funds are necessary to
accomplish the financial requirements of the Emily Dickinson 2025 Park
Community Grant.
5. Reports/Accountability/Public Information. If Grant funds are paid to GRANTEE,
GRANTEE will provide to the City a formal written report that includes, at a minimum,
the proof of expenses paid. GRANTEE agrees to develop and/or provide such other
documentation as requested by the City demonstrating GRANTEE’s compliance with the
requirements of this Agreement. GRANTEE must allow the City, its auditors, and other
persons authorized by the City to inspect and copy its books and records for the purpose
of verifying that monies provided to GRANTEE pursuant to this Agreement were used in
compliance with this Agreement and all applicable provisions of federal, state, and local
law. GRANTEE will retain such records for seven years after receipt of final payment
under this Agreement unless permission to destroy them is granted by the City.
GRANTEE shall not issue any statements, releases or information for public
dissemination without prior approval of the City.
6. Permits and Compliance With Laws. GRANTEE will obtain, in a timely manner, all
required permits, licenses and approvals, and will meet all requirements of all local, state
and federal laws, rules and regulations which must be obtained or met in connection with
the Project.
7. Independent Contractor Status. The parties agree that GRANTEE, its agents,
employees, contractors, or subcontractors, are independent contractors for purposes of
this Agreement and are not to be considered employees or agents of the City for any
purpose. GRANTEE and its agents, employees, contractors, or subcontractors, are not
subject to the terms and provisions of the City’s personnel policies handbook and may
not be considered a City employee for workers’ compensation or any other purpose.
GRANTEE, its agents, employees, contractors, or subcontractors, are not authorized to
represent the City or otherwise bind the City in any way.
8. Default and Termination. If GRANTEE fails to comply with any condition of this
Agreement at the time or in the manner provided for, the City may terminate this
Agreement if the default is not cured within fifteen (15) days after written notice is
provided to GRANTEE. The notice will set forth the items to be cured. If this
Agreement is terminated pursuant to this Section, GRANTEE will repay to the City any
Grant funds already delivered to GRANTEE for the Emily Dickinson 2025 Park
Community Grant.
9. Limitation on GRANTEE’s Damages; Time for Asserting Claim
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a. In the event of a claim for damages by GRANTEE under this Agreement,
GRANTEE’s damages shall be limited to contract damages and GRANTEE
hereby expressly waives any right to claim or recover consequential, special,
punitive, lost business opportunity, lost productivity, field office overhead,
general conditions costs, or lost profits damages of any nature or kind.
b. In the event GRANTEE wants to assert a claim for damages of any kind or nature,
GRANTEE must first provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of
damages sought by the claim, within ninety (90) days of the facts and
circumstances giving rise to the claim. In the event GRANTEE fails to provide
such notice, GRANTEE shall waive all rights to assert such claim.
10. Representatives
a. City’s Representative. The City’s Representative for the purpose of this
Agreement shall be Addi Jadin or such other individual as City may designate in
writing. Whenever approval or authorization from or communication or
submission to City is required by this Agreement, such communication or
submission must be directed to the City’s Representative and approvals or
authorizations will be issued only by such Representative; provided, however, that
in exigent circumstances when City’s Representative is not available, GRANTEE
may direct its communication or submission to other designated City personnel or
agents and may receive approvals or authorization from such persons.
b. GRANTEE’s Representative. GRANTEE’s Representative for the purpose of
this Agreement shall be Matthew Stark or such other individual as GRANTEE
designates in writing. Whenever direction to or communication with GRANTEE
is required by this Agreement, such direction or communication must be directed
to GRANTEE’s Representative; provided, however, that in exigent circumstances
when GRANTEE’s Representative is not available, City may direct its direction
or communication to other designated GRANTEE personnel or agents.
11. Indemnity/Waiver of Claims/Insurance. To the fullest extent permitted by law,
GRANTEE agrees to defend, indemnify and hold the City and its agents, representatives,
employees, and officers (collectively referred to for purposes of this Section as the City)
harmless against all third party claims, demands, suits, damages, losses, and expenses,
including reasonable defense attorney fees, which arise out of, relate to or result from
GRANTEE’s (i) negligence, or (ii) willful or reckless misconduct.
Such obligations shall not be construed to negate, abridge, or reduce other rights or
obligations of indemnity that would otherwise exist. The indemnification obligations of
this Section must not be construed to negate, abridge, or reduce any common-law or
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statutory rights of the indemnitee(s) which would otherwise exist as to such
indemnitee(s). GRANTEE’s indemnification obligations under this Section shall be
without regard to and without any right to contribution from any insurance maintained by
City.
Should any indemnitee described herein be required to bring an action against
GRANTEE to assert its right to defense or indemnification under this Agreement or
under GRANTEE’s applicable insurance policies required below the indemnitee shall be
entitled to recover reasonable costs and attorney fees incurred in asserting its right to
indemnification or defense but only if a court of competent jurisdiction determines
GRANTEE was obligated to defend the claim(s) or was obligated to indemnify the
indemnitee for a claim(s) or any portion(s) thereof.
In the event of an action filed against City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of
suit.
GRANTEE also waives any and all claims and recourse against the City or its officers,
agents or employees, including the right of contribution for loss or damage to person or
property arising from, growing out of, or in any way connected with or incident to the
performance of this Agreement except “responsibility for his own fraud, for willful injury
to the person or property of another, or for violation of law, whether willful or negligent”
as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement.
In addition to and independent from the above, GRANTEE shall at GRANTEE’s expense
secure insurance coverage through an insurance company or companies duly licensed and
authorized to conduct insurance business in Montana which insures the liabilities and
obligations specifically assumed by GRANTEE in this Section. The insurance coverage
shall not contain any exclusion for liabilities specifically assumed by GRANTEE in this
Section unless and to the extent coverage for such liability is not reasonably available.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City
without limit and without regard to the cause therefore and which is acceptable to the
City and GRANTEE shall furnish to the City an accompanying certificate of insurance
and accompanying endorsements in amounts not less than as follows:
Workers’ Compensation – statutory;
Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate
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The City of Bozeman, its officers, agents, and employees, shall be endorsed as an
additional insured on a primary non-contributory basis on the Commercial General
Liability policy. The insurance and required endorsements must be in a form suitable to
City and shall include no less than a thirty (30) day notice of cancellation or non-renewal.
The City must approve all insurance coverage and endorsements prior to delivery of
Grant funds to GRANTEE. GRANTEE shall notify City within two (2) business days of
GRANTEE’s receipt of notice that any required insurance coverage will be terminated or
GRANTEE’s decision to terminate any required insurance coverage for any reason.
12. Nondiscrimination and Equal Pay. GRANTEE agrees that all hiring by GRANTEE of
persons performing this Grant Agreement shall be on the basis of merit and
qualifications. GRANTEE will have a policy to provide equal employment opportunity
in accordance with all applicable state and federal anti-discrimination laws, regulations,
and contracts. GRANTEE will not refuse employment to a person, bar a person from
employment, or discriminate against a person in compensation or in a term, condition, or
privilege of employment because of race, color, religion, creed, political ideas, sex, age,
marital status, national origin, actual or perceived sexual orientation, gender identity,
physical or mental disability, except when the reasonable demands of the position require
an age, physical or mental disability, marital status or sex distinction.
In addition, GRANTEE represents it is, and for the term of this Agreement will be, in
compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104,
MCA (the Montana Equal Pay Act). GRANTEE must report to the City any violations of
the Montana Equal Pay Act that GRANTEE has been found liable for or guilty of within
30 days of such finding for violations occurring during the term of this Agreement.
GRANTEE shall require these nondiscrimination terms of its subcontractors providing
services under this Grant Agreement.
13. Public Meetings and Access to Public Records
a. Meetings of GRANTEE that pertain to the receipt or expenditure of Grant funds from
the City may be subject to the open meeting requirements of Montana law, including
those set forth in Title 7, Chapter 1, Part 41, MCA and Title 2, Chapter 3, MCA. To
ensure compliance, GRANTEE must provide agendas for meetings that pertain to the
receipt or expenditure of Grant funds covered by this Agreement to the City Clerk’s
office no later than 72 working hours prior to meeting for notice on the City’s official
posting board and any other sites deemed reasonable by the Clerk’s office. In
addition, meeting minutes will be kept by GRANTEE and provided to the City
Clerk’s office no later than 90 days after the meeting. These minutes shall be posted
and made available to the public by the City Clerk’s office except for those minutes
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taken during a closed meeting in accordance with 2-3-203, MCA. Minutes taken
during a closed meeting shall also be provided to the City Clerk’s office but shall be
handled in accordance with the City Clerk’s regular executive session protocol and
kept private in a secured cabinet.
b. In accordance with 7-1-4144, MCA and subject to any applicable legal obligation to
protect and preserve individual confidential or private information, upon reasonable
request and at reasonable times during normal business hours, GRANTEE shall make
such records available for inspection and copying by members of the public.
GRANTEE may charge for such copying in accordance with the policies of the City,
which GRANTEE hereby adopts for such purposes.
c. To determine whether a meeting or part of a meeting may be closed to the public and
to determine whether information contained in GRANTEE documents is protected by
law from disclosure, GRANTEE may seek a determination of the City Attorney at no
cost to GRANTEE. Such request and determination shall not create an attorney-
client relationship between GRANTEE and the City.
14. Attorney’s Fees and Costs. In the event it becomes necessary for a party to this
Agreement to retain an attorney to enforce any of the terms or conditions of this
Agreement or to give any notice required herein, then the prevailing party shall be
entitled to reasonable attorney’s fees and costs, including fees, salary, and costs of in-
house counsel to include City Attorney.
15. Integration and Modification. This document contains the entire agreement between
the parties and no statements, promises or inducements made by either party or agents of
either party not contained in this written Agreement may be considered valid or binding.
This Agreement may not be modified except by written agreement signed by both parties.
16. Dispute Resolution
a. Any claim, controversy, or dispute between the parties, their agents, employees,
or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements.
Upon mutual agreement of the parties, the parties may invite an independent,
disinterested mediator to assist in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court
of competent jurisdiction in compliance with the Applicable Law provisions of
this Agreement.
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17. No Assignment. GRANTEE may not subcontract or assign GRANTEE’s rights,
including the right to Grant payments, or any other rights or duties arising hereunder,
without the prior written consent of City.
18. No Third Party Beneficiary. The terms and provisions of this Agreement are intended
solely for the benefit of each party and their respective successors and assigns. It is not
the parties’ intent to confer third party beneficiary rights upon any other person or entity.
19. Choice of Law. This Agreement shall be governed and construed in accordance with the
laws of the State of Montana without regard to conflict of law provisions. The Parties
agree to submit to the personal and exclusive jurisdiction of the courts located within
Gallatin County, Montana.
20. 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.
21. Severability. If any portion of this Agreement is held to be void or unenforceable, the
balance of the Agreement shall continue in effect.
22. Counterparts. This Agreement may be executed in counterparts, which together
constitute one instrument.
23. Consent to Electronic Signatures: The Parties have consented to execute this Agreement
electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
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IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year
indicated below.
_______________________ Date: __________
Chuck Winn, City Manager
City of Bozeman
_______________________ Date: __________
Print name and Title:_Matthew Stark; Facilities Director
GRANTEE
Approved as to form:
_______________________ Date: __________
Greg Sullivan, City Attorney
City of Bozeman
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|EMILY DICKINSON PAVILION|
Bozeman, Montana
2025
Bozeman Community Grant Program
TABLE OF CONTENTS
DOCUMENTS
1.Application Form
2.Project Criteria Narrative
3.Visuals
o Pavilion Rendering
o Site Plan
o Plan & Elevations
o Section, Reflected Ceiling Plan & Roof Plan
4.Material & Labor Estimates
o Material & Labor Estimate
o Furniture Estimate
o Furniture Image
5.Letters of Recommendation
o Bzn School District Facilities Director – Matt Stark
o Emily Dickinson Principal – Nellie Brown
o Traffic Engineer – Joey Staszcuk
o Greater Gallatin United Way President/ CEO – Kimberly Hall
Exhibit A
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B ZE
Porks COMMUNITY GRANT PROGRAM APPLICATION
I PROJECT INFORMATION
ProjectName: Emily Dickinson Pavilion
Location: Emily Dickinson School, 2435 Annie St, Bozeman, MT 59718
Location of project within the park/public recreation area and nearest cross street:
2435 Annie St, Bozeman, MT 59718, Emily Dickinson School Play Ground Area
I APPLICATION INFORMATION
Applicant (Organization): Emily Dickinson PAC
Primary Contact(s): Laura Dornberger, ED PAC Member & Project Architect
Phone Number(s): 406-570-7 496
Email Address(es): ldornberger@IOCatiarchiteCtS.COm
I FUNDING REQUEST
F d. R d Furniture $33,539, Fire protected wood ceiling $17,900, Sidewalk $37,500 = $88,939
un mg equeste : ----------------------------
Match Provided by Applicant FINANCIAL (IF APPLICABLE/NOT REQUIRED): $197,240
Match Provided by Applicant VALUE OF IN-KIND LABOR OR MATERIALS (IF APPLICABLE/NOT REQUIRED):
Pro Bono Architecture and Engineering = -$20,000
Pro Bono Preconstruction Cost Estimating = $1563
BRIEF PROJECT DESCRIPTION (DO NOT EXCEED SPACE PROVIDED)
Outdoor Covered Pavilion Furniture, Pavilion Ceiling Upgrade & Sidewalk Connection at Emily
Dickinson School.
$71,039.00
Funding approved:
18
|EMILY DICKINSON PAVILION|
Bozeman, Montana
2025
Bozeman Community Grant Program Narrative
Emily Dickinson Parent Advisory Council (PAC) is requesting funding to finish components
of a long-desired outdoor Pavilion for Emily Dickinson School grounds.
Funding Request Includes:
• Pavilion Furniture = $33,539
• Pavilion Wood Ceiling Upgrade = $17,900
• Safe Path Sidewalk to Pavilion and Playground = $37,500
Total = $88,939
The Pavilion accomplishes goals of the 2023 PRAT Plan as outlined below. It also grows and
strengthens park amenities on city property for an underserved neighborhood and creates no
responsibility for city staff to complete or maintain this project. Emily Dickinson currently has the
highest enrollment of any elementary school in Bozeman. The school grounds serve an
incredibly large number of 640 children daily (540 children during school & 100 after-care
participants, plus staff, teachers and childcare providers).
The PAC has been fund-raising for several years to finance an outdoor Pavilion. This Summer,
2025, the Pavilion will be constructed, and a Building Permit has already been obtained. The
Pavilion was designed with an elevated level of aesthetic to make it exciting and engaging while
being fully accessibility and low maintenance.
Secured Funding – The following funding has already been secured for the project:
• Pavilion Construction = $194,800
• Building Permit = $2440
• Preconstruction Cost Estimating Pro Bono = $1563
• Architectural Design and Engineering Pro Bono = ~ $20,000
Total = $218,803
Pavilion Goals – The Pavilion was designed with the following goals:
1. Outdoor lunchroom for 540 students - extends outdoor lunches into the spring and fall
and alleviates pressure on the indoor lunchroom and staff to turn over for gym for
classes.
2. Covered tables and seating for children’s activities at recess – provides shelter from
rain/snow and respite from hot sun.
3. Outdoor classroom.
4. Covered Recreation Area for Community Use – After-school Greater Gallatin United
Way Childcare Program (100+ Children), Summer Camps, and Public use for
Gatherings & Birthdays.
19
5. Pavilion Location – direct access to cafeteria and restrooms for lunch function; close to
the existing school building for security lighting and hose bibs for cleaning; tucked in next
to the school to utilize an existing covered walkway but also to provide shelter from
weather patterns for longer seasonal use; away from public streets for safety given the
large number of children it serves.
The PAC is requesting assistance with the following projects:
Pavilion Furniture – The pavilion was designed to accommodate the same number of children
as the interior lunchroom. Thus the 22 tables proposed are necessary to complete the
project. The PAC does not have the funds to provide furniture yet. The plan was to fundraise
over the 2025-26 school year to be able to purchase the furniture Spring 2026. The furniture
was designed to incorporate the school branding by having blue tops while the brown bases
would correspond to the wood ceiling in the structure. A recycled plastic product was selected
for its durability, no maintenance, weather-resistance and environmental benefits. These
improvements will provide inclusive accessibility for everyone. This grant would provide the
opportunity to use the pavilion as a lunchroom immediately after construction is complete.
Pavilion Wood Ceiling Upgrade – The grant would provide the Pavilion with an aesthetic
upgrade for a 2x6 tongue and groove, stained and fire-treated wood ceiling. This is a design
esthetic that was researched and analyzed intently to soften the metal structure and aid in
unconsciously attracting users to the Pavilion. The wood provides a warm welcoming feeling vs
an all-metal structure. Less expensive wood options were researched but it was determined the
option presented was necessary to create a long-term durable solution. This grant would allow
us to complete the Pavilion as shown in the rendering.
Safe Path Sidewalk to Pavilion and Playground – The Sidewalk connects a pathway to
provide a safer path for children to access the Pavilion and playground throughout the entire
year. The vehicular traffic at the drop-off loop can consist of 300 vehicles trying to access the
school in the morning and currently children who are walking or biking to school from the east
must cross traffic to reach the school. This has been identified as a primary community safety
concern. This sidewalk has been analyzed by the City of Bozeman Transportation Department
and has been identified as a primary project to deliver children safely to the School Playground
and Pavilion. This grant would ensure the sidewalk connection would be completed prior to the
start of the 2025 School year.
PRAT Plan Themes Addressed:
WELCOMING, EQUITABLE ACCESS
• Create a consistent set of basic elements across neighborhoods – Provides Park
amenities and connectivity on public property for community use as pavilions
exist at other parks and schoolyards.
• Balance the needs of different park users – These projects will support ALL
students and neighborhood children, regardless of demographic group. Furniture
has been selected that will provide ADA access.
• Support all-season recreation – The structure provides shelter from the elements
and will allow increased usage of the playground during the fall/spring shoulder
seasons.
• Design parks that reflect their unique neighborhoods – The Pavilion materials are
designed to complement the colors of the existing school building while softening
them through color and materials, and the blue furniture contributes to the Emily
Dickinson school colors.
20
PROGRAMS, PLACES AND
• Invest in distributed community recreation hubs across the city – The Pavilion
and sidewalk will add park amenities to a neighborhood that is short on parkland.
• Create elements that respond to community needs – As the elementary school
with the highest enrollment, the Pavilion will provide additional lunchroom seating
and help alleviate congestion issues.
PEDESTRIAN AND BICYCLE FACILITIES
• Close existing gaps in the pedestrian network – The sidewalk to the east of the
school does not currently connect to the school yard without crossing traffic, an
existing gap in the pedestrian network will be closed.
• Improve crossings that act as major barriers for pedestrians – The sidewalk will
eliminate the need for a crosswalk across the busy drop-off area in the parking
lot and the increased safety for students will encourage more children to walk to
school.
• Install path improvements along active transportation routes – The sidewalk is a
missing path to complete the active transportation route to and from Emily
Dickinson School.
• Ensure inclusive and equitable access to and within parks – Both the Pavilion
and the sidewalk are designed to be barrier free.
City’s Communication Efforts:
The Emily Dickinson PAC is committed to actively supporting the City’s Communication Efforts
throughout the Pavilion project and beyond. We plan to ensure transparency, community
involvement, and celebration through the following strategies:
Project Status Updates: Regular updates will be shared with stakeholders, families, and
community members through the school’s weekly email newsletter and on PAC-affiliated social
media platforms, Facebook and Instagram. Updates will include funding progress, construction
milestones, timelines, construction photos, and volunteer highlights to engage the community
and maintain excitement.
Documentation of Results: Once complete, the PAC will document the Pavilion’s impact
through before-and-after photos, student and teacher testimonials, and usage data (e.g.,
outdoor classroom sessions, community events hosted). This documentation will be compiled
into a digital report and will be available to City, donors, and school community.
Celebration Event: A community ribbon-cutting event will be planned in collaboration with the
School and City to mark the Pavilion’s completion.
21
22
EMILY DICKINSON SCHOOL
BOUNDARY AND MAPPING
BOZEMAN SCHOOL DISTRICT #7
BOZEMAN, MT
PROJECT: 17-505-2
DRAWING: 17-505-2 BASE.dwg
TAB: EXHIBITSHEET 1 OF 1 Pavilion 4/1/2025C1.0
NEW PAVILION
ELIMINATE SPRINKLERS
REPOSTION SPRAY PATTERN
OF REMAINING SPRINKLERS
SUROUNDING PAVILION
REPLACE
DISTURBED AREAS
AREAS W/ SOD
5/23/2025BP25-0003821923
2
2
4
4
B B
F F
A2.0
3
A2.0
4
3
31
1
A A
D D
E E
G G
C C
H H
16' - 8"16' - 8"16' - 8"
50' - 0"
(E) SIDEWALK
(E) COVERED WALKWAY
(E) TRASH
(E) TREE TO BE REMOVED
(E) TREE -TRY TO KEEP
(E) 2 BENCHES AND SLAB
VERIFY PLACEMENT
(18) 8'X5' TABLES
1 TABLE TO BE ADA
COMPLIANT24' - 0"(4) 3' SQ OR ROUND TABLES
OR REUSE EXISTING (2) 4' SQ
TABLES
ROOF OVERHANG
52' - 8"ROOF OVERHANG31' - 8 3/16"(E) ESTIMATED
LOCATION OF
DRYWELL, TBD
EXTEND CONC. TO (E) SLAB
CONC SLAB33' - 0"CONTROL JOINT LAYOUT:
CENTER OF NEW COL. & EQ
BETWEEN (E) COL.
CONTROL JOINTS, CENTER
LINE OF (E) COLUMN 8' - 0"CONTROL JOINTS8' - 0"8' - 0"EQ
4' - 10 11/16"4' - 10 11/16"
EQ
4' - 10 11/16"APPROX. DIM, SITE VERIFY
SLAB PER DETAIL,
SLOPE 1% TO DRAIN EAST
NEW SLAB TO MATCH EXISTING CONCRETE
ELEVATIONS ON SOUTH AND WEST SIDES. GC
TO VERIFY IF NEW SLAB DESIRED 1% SLOPE
CONFLICTS WITH EXISTING SOUTH CONCRETE
SLOPE2' - 0"2' - 0"5' - 0"2' - 0"22' - 0"APPROX.
1' - 1 1/2"
2' - 0"14' - 8"2' - 0"14' - 8"2' - 0"14' - 8"2' - 0"
1' - 4"
60' - 0"45' - 0"(E) SIDEWALK
FOOTING OUTLINE
ROOF OUTLINE
CONC SLAB
57' - 0"
NOTE: PAVILION PLACEMENT
DETERMINED BY SETTING THIS
GRID INTERSECTION
6' - 0"DOWNSPOUT -TIE INTO
SUBGRADE STORM SYSTEM
DOWNSPOUT -TIE INTO
SUBGRADE STORM SYSTEM 9' - 0"D.1 D.1
A2.0
2
1' - 4"(8) #6 VERTICAL BARS W/
STANDARD HOOK, EVENLY SPACED
(6) #4 TIES, (3) IN THE TOP 6",
THE REMAINDER EVENLY SPACED
HSS 10X6X1/2
1' - 0"4"1' - 4"5' - 4"3/4" DIA. ALL-THREAD, TYP OF 4
PLATE 3/4"X14"X18"
24" SQUARE PIER CENTERED
ON CONCRETE FOOTING
(6) #5 EACH WAY, EVENLY SPACED
CONCRETE FOOTINGS ON GRIDS 1 &
4 TO BE 4'-0"X4'-0"X1'-4" &
CONCRETE FOOTINGS ON GRDS 2 & 3
TO BE 5'-0"X5'-0"X1'-4"
4" CONC SLAB, REIENFORCED W/
6X6X10 WWF OR FIBER MESH,
SLOPED TO DRAIN EAST
4' - 0"3/4" DIA ALL-THREAD W/
1/2"X2.25"X2.25" WASHER W/
HEAVY HEX NUT
CHAMFER TOP
EDGES OF PIER
PROVIDE ATTENTION TO DETAIL
WHEN FINISHING CONCRETE AT
EXPOSED EDGES OF PIER 3"9 1/2"4 1/2"2 3/4"1.5" DIA WASHER
PLATE 3/4"X12"X16", KNIFE & BASE PLATE &
FASTENERS TO BE PAINTED BLACK
2 1/2"5"2 1/2"
1/2"X2.25"X2.25" WASHER W/ HEAVY
HEX NUT
3/4" THROUGH BOLT FASTENER
VARIES8"TOP OF SLAB AT GRID H
3' - 4"00' -0"
1/4
243 1
B F
12' - 0"12' - 0"
A D E GC
5' - 4"3' - 4"APPROX.4' - 4 1/4"1' - 4"SLOPE
H
8' - 0"8' - 4"9' - 0"8"CL
CL
CL
CL
4' - 0"
4' - 0"
4' - 0"
4' - 0"
HSS 6X6X1/4
HSS 10X6X3/8
HSS 8X2X1/4
CL
CL
CL 3 ' - 1 1 "
4 ' - 0 "
4 ' - 0 "FILL WEDGE ABOVE
BEAM W/ STEEL, TYP.
8' - 1"6' - 0"15' - 11"
NOTES:
• PLATES TO BE ADDED TO
ENDS OF ALL EXPOSED HSS
SHAPES
• ALL STEEL TO BE PAINTED,
COLOR DARK GRAY, VERIFY
PRIOR TO PAINT
• STEEL CONNECTORS,
KNIFEPLATE & BASE PLATES
TO BE BLACK
HSS 10X6X1/4
HSS 10X6X1/2
SEE NOTES ON RCP FOR NON-STRUCT
CEILING FINISH
MEGARIB, CORTEN AZP RAW PAINT
FINISH, SAMPLE TO BE PROVIDED FOR
APPROVAL
#12 TEKS SCREWS @ 6" O.C.,
INTO STEEL STRUCTURE
SECURE DOWNSPOUT TO
POSTS W METAL STRAPS,
COLOR TO MATCH STEEL
FRAME
TIE INTO DRYWELL TIE INTO DRYWELL
SNOW RAIL SEE
ROOF PLAN
CL
CL
3' - 11"
D.1
8' - 6"CL3' - 11"3"1' - 0"3"2"10"2"
ALL-THREAD W/
1/2"x2.25"x2.25" WASHER
WITH HEAVY HEX NUT
LAURA A.
5608
DORNBERGER
BOZEMAN, MT
ECN E D A I
TECRH
ANATNOMFOETLIATSSCT
JOB No.SHEET NUMBERPROJECT / OWNERARCHITECTLOCATI ARCHITECTS1007 E. MAIN SUITE 202 BOZEMAN MONTANA406-587-1139COPYRIGHT LOCATI ARCHITECTS LLC2024 ALL RIGHTS RESERVEDPROJECT MGRLD2025LUNCH PAVILIONEMILY DICKINSONBOZEMANA2.0CLEARSTORY PAVILIONNORTHSCALE: 1/4" = 1'-0"
PAVILION PLAN - CLEARSTORY
DETAIL
SCALE: 1" = 1'-0"A2.0
(PIER FOUNDATION)1
SCALE: 1/4" = 1'-0"A2.0
EAST ELEVATION3
SCALE: 1/4" = 1'-0"A2.0
NORTH ELEVATION4
# ISSUE DATE1BID/ PERMIT SET4/12/2025DETAIL
SCALE: 1" = 1'-0"A2.0 REF: 11 / A2.0
(BASE PLATE DETAIL)2
INTERNATIONAL BUILDING CODE 2021:
CONSTRUCTION TYPE: IIB
OCCUPANCY: A-2 ASSEMBLY
OCCUPANT LOAD: 250
5/23/2025
BP25-00038219
24
BF ADEGCH
HSS 6X6X1/4
HSS 10X6X3/8
HSS 8X2X1/4
HSS 10X6X1/4
MINI BIRD SPIKES ALONG TOP
EDGE OF LOWER ROOF AND 2
ROWS ALONG TOP OF CROSS
BRACE, (FLOCK FREE.COM, 3"
WIDE STRIP OR SIM)
FLASHING TO COVER
SIDES OF ROOF, COLOR
TO MATCH ROOF3"HSS 10X6X1/2
D.1
2
2
4
4
B B
F
F
3
31
1
A A
D D
E E
G G
C C
H
H
16' - 8"16' - 8"16' - 8"
52' - 8"UPPER ROOFLOWER ROOFSECTION OF UPPER ROOF
HIDDEN BEHIND LOWER ROOFNOTE 1' - 4"2' - 8"4' - 0"4' - 0"4' - 0"2' - 0"2' - 0"SEE ELEVATION FOR DIMENSIONSD.1 D.1
A2.0
2
NON-STRUCTURAL CEILING: 1" T&G T1-11 STRUCTURAL CDX,
SPAN 4', STAINED MED BROWN, COATED WITH FLAME STOP II,
SEAMS TO FALL ON STEEL FRAME, #12 TEKS SCREWS @ 6" O.C.,
INTO STEEL STRUCTURE
1' - 4"2' - 8"4' - 0"4' - 0"4' - 0"2' - 0"2' - 0"4' - 0"2' - 4"2' - 4"4' - 0"
2
2
4
4
B B
F F
1
A2.1
3
31
1
A A
D D
E E
G G
C C
H HUPPER ROOFLOWER ROOFNOTELOWER ROOF NOT SHOWN
DUE TO UPPER ROOF
SNOW RAIL OR CLEATS DESIGNED BY MANUF,
PROVIDE PRICING OPTIONS FOR REVIEW
SNOW RAIL OR CLEATS DESIGNED BY MANUF,
PROVIDE PRICING OPTIONS FOR REVIEW
GUTTER, TO MATCH STEEL COLOR
GUTTER, TO MATCH STEEL COLOR
8' - 7 11/16"23' - 0 1/2"2' - 1 7/16"D.1 D.1
HSS10X6X1/2 POST
BEAM PER PLAN
FILL STEEL WEDGE INFILL
ALONG LENGTH OF BEAM
U SHAPED PLATE BRACKET, 3"
LENGTH ON EITHER OF BEAM,
WELDED TO TRUSS
(2)-3/4" THRU-BOLTS 1/4
FP
HSS 8X2X1/4
U SHAPED PLATE BRACKET, 3"
LENGTH ON EITHER OF BEAM,
WELDED TO TRUSS
TRUSS PER PLAN
(2)-1/2" THRU-BOLTS 1/4
FP
LAURA A.
5608
DORNBERGER
BOZEMAN, MT
ECN E D A I
TECRH
ANATNOMFOETLIATSSCT
JOB No.SHEET NUMBERPROJECT / OWNERARCHITECTLOCATI ARCHITECTS1007 E. MAIN SUITE 202 BOZEMAN MONTANA406-587-1139COPYRIGHT LOCATI ARCHITECTS LLC2024 ALL RIGHTS RESERVEDPROJECT MGRLD2025LUNCH PAVILIONEMILY DICKINSONBOZEMANA2.1CLEARSTORY PAVILIONSCALE: 1/4" = 1'-0"A2.1
SECTION1
NORTHSCALE: 1/4" = 1'-0"
RCP - CLEARSTORY
SCALE: 1/4" = 1'-0"
ROOF PLAN - CLEARSTORY
DETAIL
SCALE: 1" = 1'-0"A2.1
(TOP OF POST)2 DETAIL
SCALE: 1" = 1'-0"A2.1
(PURLIN CONNECTION)3
# ISSUE DATE1BID/ PERMIT SET4/12/2025CONSTRUCTION NOTES:
A. DEMOLITION NOTES:
1. REMOVE TREE, STUMP, ROOTS, ETC. IN ITS ENTIRETY. FILL VOID WITH ON—SITE MATERIAL OR COMPACTED 3" MINUS PIT RUN UP TO 16" BELOW FINISHED
GRADE. INSTALL GEOFABRIC AND 12” OF COMPACTED 1" MINUS ROAD MIX PER CONCRETE PAD DETAIL.
2. CONTRACTOR IS RESPONSIBLE FOR REMOVING ANY WASHED ROCK WHICH MAY HAVE BEEN INSTALLED WITH THE EXISTING STORMWATER SYSTEM AND IS
LOCATED WITHIN THE CONCRETE PAD FOOTPRINT. REPLACE WITH 3" MINUS COMPACTED PIT RUN UP TO CONCRETE PAD SECTION PER DETAIL 3/C1.0.
B.EARTHWORK NOTES:
1. EXCAVATE EXISTING MATERIAL AND PREPARE SUBGRADE TO ALLOW THE PLACEMENT OF THE GEOFABRIC, BASE, AND CONCRETE AS SHOWN IN CONCRETE PAD SECTION DETAIL.
2. CONTRACTOR MUST HAUL OFF ALL TOPSOIL AND EXCESS MATERIAL AND LEGALLY DISPOSE OF OFF—SITE.
3. PREPARATION AND GRADING OF THE SUBGRADE WILL BE COMPLETED IN ACCORDANCE WITH SECTION 02255, PART 3 OF THE
MONTANA PUBLIC WORKS STANDARD SPECIFICATIONS AND THE CITY OF BOZEMAN MODIFICATIONS TO MONTANA PUBLIC WORKS STANDARD SPECIFICATIONS, LATEST EDITIONS.
C.COMPACTION REQUIREMENTS:
1. A MINIMUM FIELD DENSITY OF 95 PERCENT MAXIMUM DRY DENSITY MUST BE OBTAINED AS DETERMINED BY ASTM D—698.
F.STORM WATER DRAIN CONSTRUCTION NOTE:
1. SEE NOTES ON SITE PLAN FOR DRY WELL NOTES:
2. CONTRACTOR IS RESPONSIBLE FOR INSPECTING EXISTING DRY WELL TO DETERMINE WHETHER IT SHOULD BE REPLACED BASED ON ITS STRUCTURAL INTEGRITY AND
FUNCTIONING CAPABILITY. ENGINEER APPROVAL MUST BE GIVEN PRIOR TO CONTRACTOR REPLACING EXISTING DRYWELL WITH NEW.
3. THE NEW LOCATION OF THE DRYWELL MUST BE POSITIONED WHERE THE EDGE OF THE WASHED GRAVEL IS A MINIMUM OF 2 FEET FROM THE EDGE OF THE
PROPOSED CONCRETE.
4. INSTALL NEW 6" SDR 35 PVC STORM DRAIN PIPE TO NEW DRY WELL LOCATION. REPLACE ANY EXISTING STORM DRAIN PIPE THAT IS CRACKED AND/OR
BROKEN.
5. CONNECT 6" SDR 35 PVC FROM CATCH BASIN TO 6" SDR 35 PVC ROOF DRAIN PIPING WITH A "Y" CONNECTION.
5/23/2025
BP25-00038219
25
Quote
476 Cayuse Tr
Bozeman, MT 59718 Phone (406) 580-9046
Kara@AVConstructionMT.com Fax (866) 535-6195
SOLD TO:
Emily Dickinson PAC INVOICE NUMBER 1
2435 Annie St INVOICE DATE May 22, 2025
Bozeman, MT 59718 TERMS Net 30
C/O Laura Dornberger
Project Title:Emily Dickenson Pavillion
Performance Bond
Div DESCRIPTION Quantity AMOUNT
Safe Path--8' wide Concrete Sidewalk 37,500.00
Work done per COB specs.
SUBTOTAL 58,700.00
Bond
$58,700.00
Furniture Assemble and Install
Wood Ceiling
3,300.00
17,900.00
This includes new signs.
Picinic assembly assumes FOB at site..
Not approved
$40,800 grant funded
26
Barco Products, LLC 24 N Washington Ave Batavia IL 60510 (630) 845-5422keyaccounts@barcoproducts.com
Quote
Account Number - 390785
Estimate # QUORCO22975
5/22/2025
Customer Ship ToLocati Architects1007 East MainBozeman MT 59715
Locati Architects1007 East MainBozeman MT 59715
Item Qty Rate Amount Estimated Lead Time
KBM1435-BL
BarcoBoard Walk-Thru Table/ 8' Table/ Blue
17 $1,194.88 $20,312.96 Ships in 1 - 2 Weeks
KBM1440-BL BarcoBoard Walk-Thru Wheelchair Accessible Table/ 8' Table/ Blue
1 $1,218.18 $1,218.18 Ships in 1 - 2 Weeks
KBM1215-BL BarcoBoard Square Pedestal Picnic Table/ 48" Table/ Surface Mount/ Blue
3 $1,530.00 $4,590.00 Ships in 1 - 2 Weeks
KBM1230-BL BarcoBoard Square Wheelchair Accessible Pedestal Picnic Table/ 48" Table/ Surface Mount/ Blue
1 $1,499.00 $1,499.00 Ships in 1 - 2 Weeks
Subtotal $27,620.14
Tax Total (%)$0.00
Shipping $2,618.67
Total $30,238.81
*Estimated lead time is based on normal fulfillment time of an order at this moment. Orders with large quantities may require additional time. These estimates are subject to change based on the nationwide supply chain issue.
PRICING FOR THIS QUOTE IS LOCKED IN FOR 30 DAYS
27
28
_______________________________________________________________________________________________________
May 28, 2025
Bozeman Parks and Recreation Department &
Urban Parks and Forestry Board
Email: parksandtrails@bozeman.net
RE: Community Grant Program – Emily Dickinson Recommendation Letter
Bozeman Parks and Recreation Department & UPFB:
On behalf of Bozeman School District, I am writing to offer my strong support for the Emily Dickinson
Pavilion and Safe Path Connectivity project as a recipient of funding through the Community Grant
Program.
This project exemplifies the intent of the grant by enhancing recreational infrastructure that is accessible,
inclusive, and community-oriented—particularly on school grounds that are open to the public when not
in session. The proposed improvements will serve over 500 children daily during school hours and in
after-school programs, while also creating a welcoming space for families and community members for
year-round use.
The pavilion has been thoughtfully designed to meet a range of critical needs: it will function as an
outdoor lunchroom, provide covered seating for recess and child-led activities, serve as an outdoor
classroom, and support community programming such as childcare offered by the Greater Gallatin
United Way. The aesthetic upgrades, including a fire-treated wood ceiling and blue site furnishings that
reflect the Emily Dickinson brand, ensure the pavilion not only functions effectively but also becomes a
beloved and well-integrated part of the neighborhood’s character.
Its location, set back from the street, is intentionally selected for the safety and well-being of children.
While it is less publicly visible, it prioritizes secure access for students, especially in a high-traffic area
near the drop-off loop—a known concern for families and staff. The Safe Path Connectivity component
directly addresses this by closing critical gaps in the pedestrian network and offering safe, year-round
access to the pavilion and adjacent playground.
The proposed project advances several core themes of Bozeman’s Park, Recreation, and Active
Transportation Plan:
It creates equitable access to outdoor facilities and extends the usability of school grounds
beyond traditional school hours.
Matthew Stark
Director of Facilities
(406) 522-6009
matthew.stark@bsd7.org
Bozeman Public Schools
404 West Main, PO Box 520
Bozeman, MT 59771-0520
www.bsd7.org
29
It balances the needs of different users—students, educators, families, and neighborhood
residents alike.
It strengthens partnerships between schools, non-profits, and city departments to adapt to
growing community demands.
It responds directly to neighborhood needs, improving both the safety and inclusivity of the
site.
It invests in a distributed community recreation hub—a central tenet of long-term resilience
and sustainability in Bozeman.
And finally, it stewards natural resources through the use of durable, low-maintenance
materials and design standards appropriate for the local environment.
With timely grant support, the pavilion will be fully equipped and usable by Fall 2025. Without this
funding, the community would face delays into Spring 2026 or beyond, depending on future fundraising
efforts.
In conclusion, the Emily Dickinson Pavilion and Safe Path Connectivity Project is a meaningful, forward-
thinking investment that supports Bozeman’s goals of safe, inclusive, and enduring public spaces for all
residents. I strongly encourage your approval and support of this grant application.
Sincerely,
Matthew Stark
30
EMILY DICKINSON
ELEMENTARY SCHOOL
Bozeman Parks and Recreation Department
Urban Parks and Forestry Board
Email: parksandtrails@bozeman.net
2435 Annie Street
Bozeman, MT 59718
Phone:406-522-6650
Fax: 406-522-6640
Principal: Nellie Brown
RE: Community Grant Program -Letter of Support for Emily Dickinson Pavilion and Safe Path Connectivity Project
Dear Bozeman Parks and Recreation Department and Urban Parks and Forestry Board,
I am writing to offer my full support and recommendation for Emily Dickinson Elementary School's application to the
Community Grant Program. The proposed Pavilion and Safe Path Connectivity project aligns strongly with the goals
outlined in Bozeman's Parks, Recreation, and Active Transportation Plan, and will serve as a lasting, meaningful asset
for both our school and the greater community.
The Pavilion is thoughtfully designed to serve multiple essential functions:
• A sheltered outdoor lunch area for our 540 students, extending outdoor mealtime into the spring and fall.
• Covered space for recess activities and outdoor classroom learning opportunities.
• A community recreation space accessible for afterschool programs through Greater Gallatin United Way, as well as
public gatherings and events such as birthdays and neighborhood celebrations.
The Safe Path Connectivity component is equally critical. It will address a major safety concern by connecting key
pathways and reducing pedestrian exposure to vehicular traffic in our busy drop-off loop area. This improvement supports
the city's vision to close pedestrian network gaps and ensures inclusive, year-round access to school and recreational
spaces for students, families, and community members.
While the Pavilion will be located on school property, we are committed to making it available for public use outside of
school hours, further reinforcing our role as a distributed community recreation hub. Designed with long-term durability and
community identity in mind, the Pavilion will feature aesthetic touches such as blue furniture-reflecting our school's
colors-and a fire-treated wood ceiling to create a warm, welcoming space that invites use.
This grant would also make it possible to furnish the Pavilion immediately, allowing us to open the space for use by Fall
2025. Without this funding, those furnishings-and therefore the Pavilion's full use-may be delayed until at least Spring
2026, pending further fundraising.
We believe this project embodies the core values of your plan: welcoming, equitable access, safe and connected active
transportation, and resilient spaces that reflect neighborhood identity. Hundreds of children will benefit daily through school
and aftercare programming, and the community at large will enjoy a safe, inclusive, and engaging space for years to come.
Thank you for considering this impactful project. I respectfully and enthusiastically urge your support.
Sincerely,
Nellie Brown
Principal
Emily Dickinson Elementary School
31
May 28, 2025
Bozeman Parks and Recreation Department &
Urban Parks and Forestry Board
Email: parksandtrails@bozeman.net
Reference: Community Grant Program – Emily Dickinson Recommendation Letter
Bozeman Parks and Recreation Department & UPFB:
It is my pleasure to write a letter in support of the Emily Dickinson Pavilion and Safe
Path Connectivity application for the Community Grant Program. As a professional
transportation contributor to the PRAT Plan and a parent of an Emily Dickinson
student, I am excited to see the vision of the Emily Dickinson application aligning
with the goals of the PRAT Plan and specifically to Connect Bozeman’s community
with safe and enjoyable PEDESTRIAN AND BICYCLE FACILITIES.
The proposed sidewalk to the existing playground and proposed pavilion will close
the existing gap in the pedestrian network, which provides a direct connection from
several communities and trails to the school arrival/staging area. The existing gap in
sidewalk is a barrier discourages multimodal users. The sidewalk connection would
also greatly improve the safety of the interaction of the multimodal commuters and
vehicle commuters to Emily Dickinson school adjacent to the vehicular parent drop-
off loop by separate the different user types. The parent drop-off loop has been a
primary concern of the community throughout the year. Emily Dickinson welcomes
over 500 students every day. Award of the Community Grant would ensure the
sidewalk connection and Pavilion construction would be fully completed prior to the
start of the 2025 Fall school year.
In conclusion, I recommend and support Emily Dickinson Pavilion and Safe Path
Connectivity for the Community Grant Program. These elements will be a long-term
asset to the community for many to benefit.
Sincerely,
Joey Staszcuk, PE, PTOE, RSP1
Associate Principal
CC: Emily Dickinson Parent Action Committee
32
05/23/2025
Attn: Bozeman parks and Recreation Department and Urban Parks and forestry Board
Re: Community Grant Program – Emily Dickinson Recommendation Letter
I fully recommend and support the Emily Dickinson Pavillion and Safe Path Connectivity for the
Community Grant Progr am. Enhancement of these facilities improves safety, increases multi-
season use of the school facility, and expands the amount of accessible space for youth-based
programming.
Every school day from 3:15-5:45PM and throughout the summer, students and families rely on the
unique partnership between Greater Gallatin United Way and Emily Dickinson Elementary for
high quality out-of-school care. Our partnership, and with all Bozeman School District elementary
schools, is unique. Sharing resources between our organizations makes out-0f-school care
seamless with the school day, integrated into the school community, and a sustainable program
that working families rely on for the safety, wellbeing and success of their children. The quality,
flexibility, and safety of school facilities directly impacts the experience youth have in our
programs. Covered outdoor seating offers additional space throughout the year for enrichment
programs, especially in the summer months, allowing us to serve more children. Developing the
pavilion and pathway connectivity will ensure current and future generations of students have
access to school facilities and programs, designed and developed with their best interest in mind.
Sincerely,
Kimberly Hall, President and CEO, Greater Gallatin United Way
cc: Emily Dickinson Parent Action Committee
33
Memorandum
REPORT TO:City Commission
FROM:Jamie Grabinski, Grants Coordinator
Aaron Funk, Controller
Melissa Hodnett, Finance Director
SUBJECT:Authorize the City Manager to Sign the FY26 Missouri River Drug Task Force
(MRDTF) Grant Agreement with Gallatin County
MEETING DATE:August 26, 2025
AGENDA ITEM TYPE:Grant
RECOMMENDATION:Authorize the City Manager to Sign the FY26 Missouri River Drug Task Force
(MRDTF) Grant Agreement with Gallatin County.
STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other
public agencies and build on these successes.
BACKGROUND:The Missouri River Drug Task Force (MRDTF) grant agreement is an annual
grant agreement between the City of Bozeman and Gallatin County, the lead
agency. This agreement fosters successful collaboration between public
agencies to provide a safe, healthy city by working together to combat gang
and drug activity. This funding agreement supports two police officers
involved with the task force.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by City Commission.
FISCAL EFFECTS:Total grant expenditures are expected to be $74,046.63. Expenditures are
included in the adopted FY26 budget in the Police Department drug task
force fund.
Attachments:
FY26 MRDTF Grant Agreement_BPD.pdf
Report compiled on: August 14, 2025
34
FACE SHEET
26-G01-2323 CONTRACT NUMBER:
SUBRECIPIENT NAME/ADDRESS:
City of Bozeman PO BOX 1230 BOZEMAN, MT 59715
TOTAL BUDGET: $262,530.02
BOZEMAN CITY MBCC BUDGET: $105,781.00 BOZEMAN CITY LOCAL MATCH: $31,734.37
BOZEMAN CITY MBCC AWARD: $74,046.63 TOTAL CONTRACT
AMOUNT: $105,781.00
SUBRECIPIENT CONTACT INFO:
Jim Veltkamp
CHIEF OF POLICE 406-582-2000
PROGRAM CONTACT INFO:
CPT. Nathan Kamerman
677 LAURA LOUISE LANE
BOZEMAN, MT 59718
406-582-2110
FISCAL CONTACT INFO:
Drew Ellis
677 LAURA LOUISE LANE
BOZEMAN, MT 59718
406-582-2069
CONTRACT START DATE: 07/01/2025 CONTRACT END DATE: 06/30/2026
FUNDING AUTHORITY: MONTANA BOARD OF CRIME CONTROL - US DEPARTMENT OF JUSTICE - FEDERAL FUNDING
CFDA NUMBERS(s): 16.738 CFDA TITLE(S): EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT
PURPOSE:
Provide local and tribal governments with U.S. Department of Justice, Bureau of Justice Assistance funds to interdict gang and drugs through the multi-jurisdictional efforts of law enforcement and prosecution. MBCC Grant Award 26-G01-2323.
EXHIBITS (specify):
Exhibits A, B, C, & D MBCC Special Conditions
This Contract contains all of the terms and conditions agreed upon by the parties and all documents attached or incorporated by reference, include Basic Interagency Agreement or its successor. No other understandings or representations, oral or otherwise, regarding the subject matter
of this Contract shall be deemed to exist or bind the parties. The parties signing below warrant that they have read and understand this Contract and have authority to enter into this Contract.
CONTRACTOR BOARD OF COUNTY COMMISSIONERS
Name Zach Brown, Commission Chairman
Date Date
FacePageTemplate1017 Rev. 10/16
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EXHIBIT "A"
GENERAL TERMS AND CONDITIONS
In consideration of the covenants, conditions, performances, and provisions hereinafter contained, the parties hereto agree as follows:
Definitions: The words and phrases listed below, as used in the Contract, shall have the
following definitions:
•"Contract" means this Contract and the Contractor Contract on General Terms and
Conditions and any Exhibits and other documents attached or incorporated by
reference.
•"CFR" means Code of Federal Regulations. All references in this Contract to CFR
chapters or sections shall include any successor, amended, or replacement regulation.
The CFR may be accessed at http://www.gpoaccess.gov/cfr/index.html.
•"Debarment" means an action taken by a federal official to exclude a person or
business entity from participating in transactions involving certain federal funds.
•General Terms and Conditions" means the contractual provisions contained within
this Contract, which govern the contractual relationship between the County and the
Contractor, under this Contract.
•"Personal Information" means information identifiable to any person, including,
but not limited to, information that relates to a person's name, health, finances,
education, business, use or receipt of governmental services or other activities,
addresses, telephone numbers, social security numbers, driver license numbers, other
identifying numbers, and any financial identifiers.
•"Principals," which includes officers, members of the Board of Directors, owner(s),
or other person(s) with management or supervisory responsibilities relating to the
transaction.
•"MCA" means the Montana Code Annotated. All references in this Contract to
MCA chapters or sections shall include any successor, amended, or replacement
statute.
•"Subcontract" means a separate contract between the Contractor and an individual
or entity ("Subcontractor") to perform all or a portion of the duties and obligations
that the Contractor shall perform pursuant to this Contract.
•"USCA" means United States Code Annotated. All references to USCA chapters or
sections in this Contract shall include any successor, amended, or replacement statute.
The USCA may be accessed at http://www.gpoaccess.gov/uscode/index.html.
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1.Amendment: This Contract, or any term or condition, may only be modified in writing and
signed by both parties. Only personnel authorized to bind each of the parties shall sign an
amendment.
2.Assignment: Except as otherwise provided herein, the Contractor shall not assign rights or
obligations derived from this Contract to a third party without the prior, written consent of
the County and the written assumption of all of the Contractor's obligations in this Contract
by the third party.
3.Billing Limitations: Contractor shall maintain a written record of expenses and submit
quarterly invoices detailing expenses for reimbursement to: Gallatin County Sheriff's Office,
677 Laura Louise Lane, Bozeman, MT 59718. The County shall pay the Contractor within
45 days after receiving an invoice and proper supporting documentation. All billings must be
received no later than 7 days after the close of the quarter/contract to be considered for
payment.
The decision to approve or deny payment of claims for services submitted after more than
60 days shall rest solely with the County and the County’s decision shall be final and not
capable of right to appeal.
4.Circulars "COMPLIANCE MATRIX": The following Compliance Matrix identifies the
OMB Circulars that contain the requirements, which govern expenditure of federal funds.
These requirements apply to the primary recipient of federal funds, and then follow the
funds to the subrecipients. The federal Circulars, which provide the applicable
administrative requirements, cost principles and audit requirements, are identified by
subrecipient organization type.
COMPLIANCE MATRIX
Federal Uniform Guidance Title 2 CFR Subpart F
ENTITY TYPE ADMINISTRATIVE
REQUIREMENTS
COST
PRINCIPLES
AUDIT
REQUIREMENTS
State, Local and Indian
Tribal Governments &
Governmental
2 CFR part 200 2 CFR Part 200 2 CFR Part 200 F
5.Compliance with Applicable Law: At all times during the term of this Contract, the
Contractor and the County shall comply with all applicable federal, state, and local laws,
regulations, and rules, including, but not limited to, non-discrimination laws and
regulations.
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6.Confidentiality: The parties shall use Personal Information and other confidential
information gained by reason of this Contract only for the purpose of this Contract. The
County and the Contractor shall not disclose, transfer, or sell any such information to any
other party or in the case of Personal Information, except as provided by law or with the
prior written consent of the person to whom the Personal Information pertains. The parties
shall maintain the confidentiality of all Personal Information and other confidential
information gained by reason of this Contract and shall return or certify the destruction of
such information if requested in writing by the party to this Contract that provided the
information
7.Debarment Certification: The Contractor, by signature to this Contract, certifies the
Contractor, its Principles and any Subcontractors are not presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded by any Federal
department or agency from participating in transactions (debarred). The Contractor also
agrees to include the above language notification requirement in any and all Subcontracts
into which it enters. The Contractor shall immediately notify the County if, during the term
of this Contract, the Contractor, its Principles or Subcontractors becomes debarred. The
County may immediately terminate this Contract by providing the Contractor written notice
if the Contractor becomes debarred during the term of this Contract.
8.Disputes: A Dispute Board shall determine Disputes between the parties in the following
manner: Each party shall appoint one member to the Dispute Board. The members appointed
shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall
review the facts, Contract terms, and applicable statutes and rules and make a determination.
This process shall constitute the final administrative remedy available to the parties. Each
party reserves the right to litigate issues and matters in court de novo.
9.Documentation for Reimbursement Requests: At the Contractor's first request for
reimbursement, the Gallatin County Sheriff’s Office will require detailed back-up
documentation for all expenditures. On subsequent invoices, the monthly activity report
and a printout from the Contractor's accounting system listing the expenditures charged
against the contract will be acceptable. All back-up documentation must be available to the
County and all other auditors, upon request. Reimbursement of expenditures for staff time
spent on more than one source will require timesheets reflecting hours charged to the
contract.
10.Entire Contract: This Contract, including all documents attached to or incorporated by
reference; contain all the terms and conditions agreed upon by the parties. No other
understandings or representations, oral or otherwise, regarding the subject matter of this
Contract shall be deemed to exist or bind the parties.
11. Governing Law, Venue, and Jurisdiction: This Agreement shall be governed by the laws
of the State of Montana. Any action to enforce this Agreement shall be brought in the District
Court of the Eighteenth Judicial District, Gallatin County, Montana.
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12. Independent Status: For purposes of this Contract, the Contractor acknowledges that the
Contractor is not an officer, employee, or agent of the County. The Contractor shall not
hold out itself or any of its employees as, nor claim status as, an officer, employee, or agent
of the County. The Contractor shall not claim for itself or its employees any rights,
privileges, or benefits, which would accrue to an employee of the County. The Contractor
shall indemnify and hold harmless the County from all obligations to pay or withhold
federal or state taxes or contributions on behalf of the Contractor or the Contractor's
employees.
a. The parties agree that, for the purposes of this Contract, the Contractor is an
independent contractor and neither the Contractor nor any employee of the
Contractor is an employee of the County. Neither the Contractor nor any employee
of the Contractor is entitled to any benefits that Gallatin County provides its
employees. The Contractor is solely responsible for payment of any statutory
workers compensation or employer's liability insurance as required by state law.
13. Inspection: Either party may request reasonable access to the other party's records and
place of business for the limited purpose of monitoring, auditing, and evaluating the other
party's compliance with this Contract and applicable laws and regulations. During the term
of this Contract and for one year following termination or expiration of this Contract, upon
receiving reasonable written notice, the parties shall provide the other party with access to
its place of business and to its records, which are relevant to its compliance with this
Contract, and applicable laws and regulations. This provision shall not be construed to give
either party access to the other party's records and place of business for any other purpose.
Nothing herein shall be construed to authorize either party to possess or copy records of the
other party.
14. Insurance: The CONTRACTOR certifies that it shall carry comprehensive general liability
insurance in the amount no less than $1,500,000.00 for each occurrence; Automobile
Liability in the amount of $1,500,000.00 combined single limit; Professional Liability or
Errors and Omissions coverage in the amount of $1,500,000.00. All insurance policies shall
be primary and noncontributory and shall name Gallatin COUNTY as additional insured.
Such certificate shall require no less than 15 days notice of cancellation to COUNTY.
CONTRACTOR shall put COUNTY on immediate notice of any changes or cancellation in
coverage. CONTRACTOR shall require all consultants, and subcontractors to meet the same
insurance coverage. During the term of the contract, the Contractor shall maintain in force,
at its expense, insurance as noted below. There shall be no cancellation, material change,
reduction in limits or intent not to renew the insurance coverage(s) without 30 days written
notice from the contractor or its insurer(s) to the participating agencies.
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15.Condition Precedent Delivery of Documents: Certificate of Insurance/Workers
Compensation/Independent Contractor Status: As a condition precedent to this
agreement binding the parties, on or before execution of this agreement CONTRACTOR
shall deliver to the COUNTY original or certified copies of the Certificate of Insurance,
Certificate of Workers Compensation Coverage, Independent Contractors License, and any
other documents required. CONTRACTOR shall cooperate in good faith and shall deliver,
upon request, such other and further documents as may be reasonably required to determine
CONTRACTOR’s strict compliance with the required insurance, Workers Compensation
coverage and independent CONTRACTOR status and the terms and conditions of this
agreement.
16.Maintenance of Records: During the term of this Contract and per state law for seven
years following termination or expiration of this Contract, both parties shall maintain
records sufficient to:
a.Document performance of all acts required by law, regulation, or this Contract;
b. Demonstrate accounting procedures, practices, and records that sufficiently and
properly document the Contractor's invoices to the County and all expenditures
made by the Contractor to perform as required by this Contract.
c.For the same period, the Contractor shall maintain records sufficient to substantiate
the Contractor's statement of its organization's structure, tax status, capabilities, and
performance.
17.Nondiscrimination: The Contractor agrees that it shall not discriminate against any
person on the grounds of race, creed, color, religion, national origin, sex, sexual
orientation, age, marital status, political affiliation or belief, or the presence of any
sensory, mental or physical handicap pursuant to the Americans with Disabilities Act (42
USC 12101 et seq.) In the event the Contractor violates this provision, the County may
terminate this Contract immediately and bar the Contractor from performing any services
for the County in the future.
18.Order of Precedence: In the event of an inconsistency in this Contract, unless otherwise
provided herein, the inconsistency shall be resolved by giving precedence, in the following
order, to:
a. Applicable Federal and State of Montana statutes and regulations; Special Terms and
Conditions of this Contract; This Contract.
19.Ownership of Material: Copyright in all material created by the Contractor and paid for by
the County shall be the property of the State of Montana. Both County and Contractor may
use these materials and permit others to use them, for any purpose consistent with their
respective missions as part of the State of Montana. This material includes, but is not limited
to: books; computer programs; documents; films; pamphlets; reports; sound reproductions;
studies; surveys; tapes; and/or training materials. Material which the Contractor uses to
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perform this Agreement but is not created for or paid for by the County is owned by the
Contractor or such other party as determined by Copyright Law and/or Contractor's internal
policies. Contractor hereby grants the County a perpetual license to use this material for
County internal purposes at no charge to the County, provided that such license shall be
limited to the extent which the Contactor has a right to grant such a license.
20.Responsibility: Each party to this Contract shall be responsible for the negligence of its
officers, employees, and agents in the performance of this Contract to the extent allowed by
law. No party to this Contract shall be responsible for the acts and/or omissions of entities or
individuals not party to this Contract. The County and the Contractor shall cooperate in the
defense of tort lawsuits, when possible. Both parties agree and understand that this provision
may not be feasible in all circumstances. The County and the Contractor agree to notify the
attorneys of record in any tort lawsuit where both are parties if either the County or the
Contractor enters into settlement negotiations. It is understood that the notice shall occur
prior to any negotiations, or as soon as possible, and the notice may be either written or oral.
21.Severability: The provisions of this Contract are severable. If any court holds any
provision of this Contract, including any provision of any document incorporated by
reference, invalid, that invalidity shall not affect the other provisions this Contract.
22.Subcontracting: The Contractor may not subcontract the services to be provided under
this Contract, unless requested and approved in writing by the Board of County
Commissioners for Gallatin County or their assigns or unless otherwise specified in this
Contract. If the County, the Contractor, and a subcontractor of the Contractor are found by
a jury or trier of fact to be jointly and severally liable for personal injury damages arising
from any act or omission from the contract, then the County shall be responsible for its
proportionate share, and the Contractor shall be responsible for its proportionate share.
Should the subcontractor be unable to satisfy its joint and several liability, the County and
the Contractor shall share in the subcontractor's unsatisfied proportionate share in direct
proportion to the respective percentage of their fault as found by the jury or trier of fact, to
the extent allowed by law. Nothing in this term shall be construed as creating a right or
remedy of any kind or nature in any person or party other than the County and the
Contractor. This term shall not apply in the event of a settlement by either the County or
the Contractor.
23.Subrecipients:
a.General: If the Contractor is a subrecipient of federal awards as defined by the Code
of Federal Regulations, 2 CFR Part 200, and this Contract, the Contractor shall:
i.Maintain records that identify, in its accounts, all federal awards received
and expended and the federal programs under which they were received,
by Catalog of Federal Domestic Assistance (CFDA) title and number,
award number and year, name of the federal agency, and name of the pass-
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through entity;
ii.Maintain internal controls that provide reasonable assurance that the
Contractor is managing federal awards in compliance with laws,
regulations, and provisions of contracts or grant agreements that could
have a material effect on each of its federal programs;
iii.Prepare appropriate financial statements, including a
Schedule of Expenditures of Federal Awards;
iv. Incorporate 2 CFR Part 200 audit requirements into all agreements
between the Contractor and its Subcontractors who are
subrecipients;
v. Comply with any future amendments to 2 CFR Part 200 and any
successor or replacement Circular or regulation;
vi. Comply with the applicable requirements of applicable Circulars
defined under Circulars "Compliance Matrix" found in item 5 of the
General Terms and Conditions and any future amendments to them, and
any successor or replacement Circulars or regulations; and
vii.Comply with the Omnibus Crime Control and Safe Streets Act of 1968;
Title VI of the Civil Rights Act of 1964; Victims of Crime Act (42
U.S.C.§ 10604(e)); Juvenile Justice and Delinquency Prevention Act of
2002 (42 U.S.C. § 5673(b)); Section 504 of the Rehabilitation Act of
1973; Title II of the Americans with Disabilities Act of 1990; Title IX of
the Education Amendments of 1972; The Age Discrimination Act of 1975;
The Department of Justice Nondiscrimination Regulations, 28 CFR Part
42, Subparts C, D, E, and G, and 28 CFR Part 35 and Part 39; Executive
Order 13279 (equal protection of the law for faith-based and community
organizations; and 28 C.F.R. Part 37 ((U.S. Department of Justice
Regulations — Equal Treatment for Faith Based Organizations). (See
www.oin.usdoi.gov/ocr for additional information and access to the
aforementioned Federal laws and regulations.)
1.Single Audit Act Compliance: If the Contractor is a
subrecipient and expends $750,000 or more in federal awards
from all sources in any fiscal year, the Contractor shall procure
and pay for a single audit or a program-specific audit for that
fiscal year. Upon completion of each audit, the Contractor
shall:
a.Submit to the County contact person, listed on the first
page of this Contract, the data collection form and reporting
package specified in 2 CFR Part 200, reports required by
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the program-specific audit guide (if applicable), and a copy
of any management letters issued by the auditor;
i.Follow-up and develop corrective action for all
audit findings; in accordance with 2 CFR Part 200,
and prepare a "Summary Schedule of Prior Audit
Findings."
24.Overpayments: If it is determined by the County, or during the course of the required audit,
that the Contractor has been paid unallowable costs under this Contract, the County may
require the Contractor to reimburse the County in accordance with appropriate applicable
Circulars defined under Circulars "Compliance Matrix" found in item 5 of the General Terms
and Conditions.
25. Survivability: The terms and conditions contained in this Contract, which by their sense
and context, are intended to survive the expiration of this particular Contract shall survive.
Surviving terms include, but are not limited to: Confidentiality, Disputes, Inspection,
Maintenance of Records, Ownership of Material, Responsibility, Termination for Default,
Termination Procedure, and Title to Property.
26.Termination Due to Change in Funding: If the funds upon which the County relied to
establish this Contract are withdrawn, reduced, or limited, or if additional or modified
conditions are placed on such funding, the County may terminate this Contract by
providing at least five business days written notice to the Contractor. The termination shall
be effective on the date specified in the notice of termination.
27.Termination: Either party may terminate this Agreement by providing thirty (30)
calendar days written notice sent by certified mail to the addresses listed on Page 1. If the
Contractor fails to comply with the terms and conditions of this Agreement, the County may
pursue such remedies as are legally available, including, but not limited to, the immediate
termination of this Agreement. If this Agreement is terminated for any reason, County shall
pay only for performance rendered or costs incurred in accordance with the terms of this
Agreement and prior to the effective date of termination.
28.Title to Property: Title to all property purchased or furnished by the County for use by the
Contractor during the term of this Contract shall remain with the County. Title to all
property purchased or furnished by the Contractor for which the Contractor is entitled to
reimbursement by the County under this Contract shall pass to and vest in the County. The
Contractor shall take reasonable steps to protect and maintain all the County property in its
possession against loss or damage and shall return the County property to the County upon
Contract termination or expiration, reasonable wear and tear excepted.
29.Treatment of Client Property: Unless otherwise provided in this Contract, the Contractor
shall ensure that any adult client receiving services from the Contractor under this Contract
has unrestricted access to the client's personal property. The Contractor shall not interfere
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with any adult client's ownership, possession, or use of the client's property. The Contractor
shall provide clients under age 18 with reasonable access to their personal property that is
appropriate to the client's age, development, and needs. Upon termination or completion of
this Contract, the Contractor shall promptly release to the client and/or the client's guardian
or custodian all of the client's personal property. This section does not prohibit the
Contractor from implementing such lawful and reasonable policies, procedures and
practices as the Contractor deems necessary for safe, appropriate, and effective service
delivery (for example, appropriately restricting clients' access to, or possession or use of,
lawful or unlawful weapons and drugs).
30. Waiver: Waiver of any breach or default on any occasion shall not be deemed a waiver of
any subsequent breach or default. Any waiver shall not be construed to be a modification of
the terms and conditions of this Contract unless amended as set forth in Section 2,
Amendment. Only the Board of County Commissioners for Gallatin County has the
authority to waive any term or condition of this Contract on behalf of the County.
31.Notices: Any demand, request or notice which either party desires or may be required to
make or deliver to the other shall be in writing and shall be deemed delivered when
personally delivered, or when delivered by private courier service (such as Federal
Express), or three days after being deposited in the United States mail, in registered or
certified format, return receipt requested, addressed as follows:
Contractor:
Chuck Winn- City Manager
City of Bozeman
121 North Rouse
Bozeman, MT 59715
County:
Zach Brown
County Commissioner
311 West Main Street, Room 306
Bozeman, MT 59715
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EXHIBIT “B”
SPECIAL TERMS AND CONDITIONS
1.Acknowledgement of Federal Funding:The contractor agrees that any publications (written, visual, or sound) but excluding press
releases, newsletters, and issue analyses, issued by the Contractor describing programs or
projects funded in whole or in part with federal funds under this Agreement, shall contain
the following statement:
"This project was supported by Grant No.26-G01-2323awarded by the Montana Board of Crime Control (MBCC) through the office of Justice Programs, US Department of Justice. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the US Department of Justice.”
2.Agreement Management:
The Representative for each of the parties shall be responsible for and shall be the contact
person for all communications and billings regarding the performance of this Agreement,
The Representative for Gallatin County and their contact information are identified on the
Face Sheet of this Agreement. The Representative for the Contractor and their contact
information are identified on the Face Sheet of this Agreement.
3.Compensation:Gallatin County shall pay an amount not to exceed that specified in MBCC Award box of
this Agreement's Face Sheet for the performance of all things necessary for or incidental to
the performance of work as set forth in the Statement of Work. Contractor's compensation
for services rendered shall be based on the following rates or in accordance with the
following terms:
4.Billing Procedures And Payment:
a.Gallatin County will pay the Contractor upon acceptance of services provided and receipt
of properly completed invoices, which shall be submitted to the County, not more often
than quarterly.
b. Invoices shall describe and document, to County’s satisfaction, a description of the work
performed the progress of the project, and fees. The invoice shall include the Agreement
reference number specified on the upper-right corner of each page of this Agreement.
c.Payment shall be considered timely if made by County within forty-five (45) calendar
days after receipt of properly completed invoices. Payment shall be sent to the address
designated by the Contractor.
d.Gallatin County may, in its sole discretion, terminate the Agreement or withhold
payments claimed by the Contractor for services rendered if the Contractor fails to
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satisfactorily comply with any term or condition of this Agreement.
e.No payment in advance or in anticipation of services or supplies to be provided under this
Agreement shall be made by Gallatin County.
f.The Contractor shall not bill the County for services performed under this Agreement,
and the County shall not pay the Contractor, if the Contractor is entitled to payment or
has been or will be paid by any other source, including grants, for that service.
g. The Contractor is responsible for any audit exceptions or disallowed costs incurred by its
own organization.
h. Gallatin County is responsible for the oversight and monitoring of your subgrant award in
accordance with all applicable statues, regulations, and guidelines. As a subrecipient, you
are required to direct questions concerning your subgrant or requests for changes to
Gallatin County. Do not contact the MBCC or the federal grantor.
5.Insurance:
The Contractor shall provide insurance coverage as set out in this section. The intent of the
required insurance is to protect Gallatin County should there be any claims, suits, actions,
costs, damages, or expenses arising from any loss or negligent or intentional act or omission of
the Contractor or Subcontractor, or agents of either, while performing under the terms of this
Agreement.
The insurance required shall be issued by an insurance company authorized to do business
within the state of Montana. Except for Professional Liability or Errors and Omissions
Insurance, the insurance shall name the Gallatin County, its agents, officers, and employees as
additional insureds under the insurance policy. All policies shall be primary to any other valid
and collectable insurance. The Contractor shall instruct the insurers to give Gallatin County
thirty (30) calendar days advance notice of any insurance cancellation, non-renewal, or
modification.
The Contractor shall submit to the County within fifteen (15) calendar days of the Agreement
start date, a certificate of insurance which outlines the coverage and limits defined in this
insurance section. During the term of the Agreement, the Contractor shall submit renewal
certificates not less than thirty (30) calendar days prior to expiration of each policy required
under this section.
a.The Contractor shall provide insurance coverage that shall be maintained in full force and
effect during the term of this Agreement, as follows:
i.Commercial General Liability Insurance Policy: Provide a Commercial General
Liability Insurance Policy, including contractual liability, written on an occurrence
basis, in adequate quantity to protect against legal liability arising out of Agreement
activity but no less than $1,500,000 per occurrence. Additionally, the Contractor is
responsible for ensuring that any Subcontractors provide adequate insurance coverage
for the activities arising out of subcontracts.
ii.Automobile Liability: In the event that performance pursuant to this Agreement
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involves the use of vehicles owned or operated by the Contractor or its Subcontractor,
automobile liability insurance shall be required. The minimum limit for automobile
liability is $1,500,000 per occurrence, using a Combined Single Limit for bodily
injury and property damage.
iii. Professional Liability, Errors, and Omissions Insurance: The Contractor shall
maintain Professional Liability or Errors and Omissions Insurance. The Contractor
shall maintain minimum limits of no less than $1,500,000 per occurrence to cover all
activities by the Contractor and licensed staff employed or under contract to the
Contractor. Gallatin County, its agents, officers, and employees shall be named as
additional insured under this policy.
b. Fidelity Insurance: Every officer, director, employee, or agent who is authorized to act
on behalf of the Contractor for the purpose of receiving or depositing funds into program
accounts, or issuing financial documents, checks, or other instruments of payment for
program costs shall be insured to provide protection against loss:
i. The amount of fidelity coverage secured pursuant to this Agreement shall be
$100,000 or the highest of planned reimbursement for the Agreement period,
whichever is lowest. Fidelity insurance secured pursuant to this paragraph shall name
Gallatin County as beneficiary.
ii. Subcontractors that receive $10,000 or more per year in funding through this
Agreement shall secure fidelity insurance as noted above. Fidelity insurance secured
by Subcontractors pursuant to this paragraph shall name the Contractor as
beneficiary.
iii. The Contractor shall provide, at Gallatin County’s request, copies of insurance
instruments or certifications from the insurance issuing agency. The copies or
certifications shall show the insurance coverage, the designated beneficiary, who is
covered, the amounts, the period of coverage, and that Gallatin County will be
provided thirty (30) days advance written notice of cancellation.
c. Additional Provisions: Above insurance policy shall include the following provisions:
i. Additional Insured. The state of Montana, Gallatin County, its elected and appointed
officials, agents, and employees shall be named as an additional insured on all general
liability, excess, umbrella, and property insurance policies. All insurance provided in
compliance with this Agreement shall be primary as to any other insurance or self-
insurance programs afforded to or maintained by the State.
ii. Identification. The policy must reference Gallatin County’s Grant Agreement number
and the Montana Board of Crime Control Agency name.
iii. Insurance Carrier Rating. All insurance and bonds should be issued by companies
admitted to do business within the state of Montana and have a rating of A-, Class VII
or better in the most recently published edition of Best's Reports. Any exception shall
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be reviewed and approved by Gallatin County’s Risk Manager, or the Risk Manager
for the State of Montana, before the Agreement is accepted or work may begin.
iv. Excess Coverage. By requiring insurance herein, Gallatin County does not represent
that coverage and limits will be adequate to protect the Contractor and such coverage
and limits shall not limit the Contractor's liability under the indemnities and
reimbursements granted to the County in this Agreement.
6. Local Government Contractors that Participate in a Self-Insurance Program:
Self-Insured/Liability Pool or Self-Insured Risk Management Program — with prior approval
from Gallatin County, the Contractor may provide the coverage above under a self-
insured/liability pool or self-insured risk management program. In order to obtain permission
from Gallatin County, the Contractor shall provide: (1) a description of its self-insurance
program, and (2) a certificate and/or letter of coverage that outlines coverage limits and
deductibles. All self-insured risk management programs or self-insured/liability pool financial
reports must comply with Generally Accepted Accounting Principles (GAAP) and adhere to
accounting standards promulgated by: (1) Governmental Accounting Standards Board
(GASB), (2) Financial Accounting Standards Board (FASB), and (3) the Montana State
Auditor's annual instructions for financial reporting. Contractor's participating in joint risk
pools shall maintain sufficient documentation to support the aggregate claim liability
information reported on the balance sheet. The state of Montana, its agents, and employees
need not be named as additional insured under a self-insured property/liability pool, if the
pool is prohibited from naming third parties as additional insured.
Contractors shall provide annually to Gallatin County a summary of coverages and a letter
of self insurance, evidencing continued coverage under the Contractor's self-
insured/liability pool or self-insured risk management program. Such annual summary of
coverage and letter of self insurance will be provided on the anniversary of the start date
of this Agreement.
7. Federal Non-Discrimination Requirements:
The Contractor will comply with any applicable federal non-discrimination requirements,
which may include:
• the Omnibus Crime Control Act and Safe Streets Act of 1968 (42 U.S.C. § 3789d);
• the Victims of Crime Act (42 U.S.C. § 10604(e));
• the Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. § 5672(b));
• the Civil Rights Act of 1964 (42 U.S.C. § 2000(d));
• the Rehabilitation Act of 1973 (29 U.S.C. § 794);
• the Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12131-34);
• the Education Amendments of 1972 (20 U.S.C. §§ 1681,1683,1685-86);
• the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-07);
• 28 C.F.R. Part 42 (U.S. Department of Justice Regulations – Non-discrimination, Equal
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Employment Opportunity, Policies and Procedures);
• Executive Order 13279 (equal protection of the law for faith-based and community
organizations); and
• 28 C.F.R. Part 37 (U.S. Department of Justice Regulations — Equal Treatment for Faith- Based Organizations).
• The Contractor shall further comply with Federal law prohibiting grant recipients from
retaliating against individuals taking action or participating in action to secure rights
protected by federal law.
• The Contractor is required to ensure compliance with this requirement by any
Subcontractor receiving funding from a grant supported with U.S. Department of
Justice funds.
a. Notification of Findings or Discrimination or Non-Compliance:
In the event a state or federal court or a state or federal administrative agency makes a
finding of discrimination after a due process hearing on the grounds of race, color,
religion, national origin, age, disability, or sex against the Contractor receiving grant
funds, the Contractor will forward a copy of the finding to the U.S. Department of
Justice, Office of Justice Programs, Office of Civil Rights (OCR) and Gallatin County.
The Contractor shall include a statement clearly stating whether or not the finding is
related to any grant activity supported with a grant in which U.S. Department of Justice
Funds are involved, and identify all open grants utilizing U.S. Department of Justice
funding, by Contract number and program title.
b. Equal Employment Opportunity Program (EEOP):
The Contractor will determine whether it is required to formulate an Equal
Employment Opportunity Program (EEOP), in accordance with 28 C.F.R. 42.301 et.seq.
If the Contractor is not required to formulate an EEOP, it will submit a certificate form to
the U.S. Department of Justice, Office of Justice Programs, Office of Civil Rights (OCR),
and Gallatin County indicating that it is not required to develop an EEOP. If the applicant
is required to develop an EEOP, but not required to submit the EEOP to the OCR, the
applicant will submit a certification to the OCR and Sheriff certifying that it has an EEOP
on file which meets the applicable requirements. If the Contractor is awarded a grant of
$500,000 or more, and has 50 or more employees, it will submit a copy of its EEOP to
the OCR and Gallatin County. Non-profit organizations, federally recognized Indian
Tribes, and medical and educational institutions are exempt from the EEOP requirement,
but are required to submit a certification form to the OCR to claim the exemption. A copy
of the certification form will also be submitted to Gallatin County. Information about
civil rights obligations of grantees can be found at
http://www.oip.usdoj.gov/about/ocrieeopcomply.htm.
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c. Limited English Proficiency:
To ensure compliance with the Omnibus Crime Control and Safe Streets Act of 1968 and
Title VI of the Civil Rights Act of 1964, grant recipients must take reasonable steps to
ensure that Persons with Limited English Proficiency have meaningful access to services
and legal protections. Meaningful access may entail providing language assistance
services, including oral and written translation when necessary. Assistance in
understanding grant recipient's obligations under the law may be found in the Department
of Justice's Guidance to Federal Financial Assistance Regarding Title VI Prohibition
Against National Origin Discrimination Affecting Limited English Proficiency Persons
(LEP Guidance), which can be found at 67 Fed. Reg. 41455 (June 18, 2002). Additional
assistance regarding LEP obligations and information may be found at www.lep.gov.
8. Crime Data Reporting:
The agencies named within the inter-agency MOU submitted with the application shall report accurate and timely crime data, including all drug task force crime data in accordance with the Montana Board of Crime Controls’ Crime Reporting Policy (S-02)
9. Order of Precedence:
In the event of an inconsistency in this Agreement, the inconsistency shall be resolved by
giving precedence in the following order:
• Applicable Federal and State of Montana statutes and regulations
• Exhibit A – General Terms and Conditions
• Exhibit B – Special Terms and Conditions
• Exhibit C – Scope of Work
• Exhibit D – Budget
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EXHIBIT "C"
SCOPE OF WORK
The purpose of the Byrne Justice Assistance Grant (JAG) Gang-Drug Task Force Program is to reduce
the availability, use, and trafficking of illegal drugs, guns, and the profit of criminal gang and drug
organizations by working cooperatively to identify, interdict, dismantle, and prosecute targeted gang
and drug-trafficking organizations. JAG Task Forces work across local, state, and federal jurisdictions
to dismantle or disrupt mid-to upper-level criminal organizations to make communities safer and
healthier by reducing drug availability and organized crime.
The contractor will implement the JAG Gang-Drug Task Force Program as specified in the Gallatin
County Missouri River Drug Task Force FY 2026 award for Byrne JAG Gang-Drug Task Force
Program funding, and in compliance with the Assurances and Certifications made in conjunction with
that award.
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EXHIBIT “D”
BUDGET
AGENCY CONTRACT SERVICES TOTAL BUDGET MBCC BUDGET MBCC MATCH LOCAL MATCH
Wages &
Benefits $262,530.02 $105,781.00 $ 74,046.63 $ 31,734.37
Overtime $ 0 $ 0 $ 0 $ 0
Total $ 262,530.02 $ 105,781.00 $ 74,046.63 $ 31,734.37
The Justice Assistance Grant funds provided through this grant are from the normal congressional appropriations for the US Department of Justice, and are not from appropriations made under authority of the American Recovery and Reinvestment Act of 2009.
Please submit quarterly bills within the month following service delivery with back-up documentation to:
Gallatin County Sheriff’s Office 677 LAURA LOUISE LANE BOZEMAN, MT 59718 c/o Drew Ellis
* BUDGET LINE ITEM ADJUSTMENTS: The Contractor may request that the budget be adjusted up to
5% of the total annual contract amount between line items of cost based on written request from the
contractor and written approval from the County. Adjustments must be within existing line items in the
contract for items already deemed necessary to the project.
52
Memorandum
REPORT TO:City Commission
FROM:James Short, Battalion Chief
Josh Waldo, Fire Chief
SUBJECT:Authorize the City Manager to sign an agreement with TargetSolutions
Learning LLC, to add the Vector Evaluations+ Platform to the Fire
Department's existing learning management system
MEETING DATE:August 26, 2025
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign an agreement with TargetSolutions
Learning LLC, to add the Vector Evaluations+ Platform to the Fire
Department's existing learning management system.
STRATEGIC PLAN:2.3 Workforce Development: Support education and workforce development
initiatives to improve the skills of our citizens.
BACKGROUND:Bozeman Fire currently uses Vector Solutions’ TargetSolutions as its training
and learning management system. Adding the Vector Evaluations+ platform
will enable in-field performance evaluations that integrate directly with
existing training records. This upgrade will streamline documentation,
eliminate paper forms in field training, and enhance the Training Division’s
ability to track and assess firefighter performance.
UNRESOLVED ISSUES:None
ALTERNATIVES:As recommended by City Commission.
FISCAL EFFECTS:This contract is an annual cost for 60 personnel of $2,640.00, with a one-
time $800.00 implementation fee. These costs have been included in the Fire
Department's in-state training budget for FY26.
Attachments:
Bozeman Fire Department (MT) Client Agreement 8_05_2025
(1).pdf
Report compiled on: August 13, 2025
53
Quote ID
Q-455732
Valid Until
Sunday, August 31, 2025
Contact Name
Jordan Frausto
Page 1
TargetSolutions, LLC SaaS OF. C (Issued 12.01.2024)
TargetSolutions Learning, LLC Order Form
Schedule A
Date: Thursday, July 31, 2025
Client Information
Client Name: Bozeman Fire Department (MT)
Address:
300 East Oak Street
Bozeman, MT 59715
Primary Contact Name:
James Short
Primary Contact Phone:
+14065822350
Agreement Term
Effective Date: 08/31/2025 Initial Term: 12 months
Invoicing Contact Information (Please fill in missing information)
Billing Contact Name: James Short
Billing Address:
300 East Oak Street
Bozeman, Montana 59715
Billing Phone:
+14065822350
Billing Email:
jshort@bozeman.net
PO#:Billing Frequency:
Annual
Payment Terms:
Net 30
54
Quote ID
Q-455732
Page 2
TargetSolutions, LLC SaaS OF. C (Issued 12.01.2024)
Annual Fee(s)
Product
Code Product Description
Minimum
Annual
Commitment
Price Sub Total
TSEVAL Vector Evaluations+Vector Evaluations+ for
web and mobile 60 $44.00 $2,640.00
Annual Total:$2,640.00
One-Time Fee(s)
Product
Code Product Description Qty Price Sub Total
EVALIMP
Vector Evaluations+
Implementation
Investment
Implementation
Investment for Vector
Evaluations+ Platform
1 $800.00 $800.00
One-Time Total:$800.00
Total (including Annual and One-Time):$3,440.00
This is not an invoice.
Order Form Terms and Conditions.
1.Additional Named Users added after the Effective Date (e.g., Named Users above the Effective Date Named
Users) will be invoiced at the retail per Named User fee at the end of each calendar quarter thereafter (the
“Measurement Date”). Such Additional Named Users shall be invoiced at the contracted per Named User fee for
subsequent periods after the Measurement Date.
2.Fees, both during the Initial Term, as well as any Renewal Terms, shall be increased by 5.0% per contract year.
3.All undisputed invoices are due and payable Net 30 days after invoice date (“Due Date”). Any fees unpaid for more
than 10 days past the Due Date shall bear interest at 1.5% per month or the highest applicable rate permitted by
law.
4.AUTOMATIC RENEWAL. UNLESS OTHERWISE AGREED OR WHERE PROHIBITED BY APPLICABLE LAW
OR REGULATION, UPON EXPIRATION OF THE ABOVE INITIAL TERM, THIS AGREEMENT WILL RENEW
FOR A RENEWAL TERM EQUAL TO THE INITIAL TERM AT VECTOR SOLUTIONS’ THEN CURRENT FEES,
UNLESS NOTICE IS GIVEN BY EITHER PARTY OF ITS INTENT TO TERMINATE THE AGREEMENT AT
LEAST SIXTY (60) DAYS PRIOR TO THE SCHEDULED TERMINATION DATE.
Additional Terms and Conditions
1.This Order Form is governed by the Master Software as a Service Agreement at
https://www.vectorsolutions.com/master-software-as-a-service-agreement/ (the “Governing Contract”).
Capitalized terms not otherwise defined in this Order Form have the meanings assigned to them in the Governing
Contract.
55
Quote ID
Q-455732
Page 3
TargetSolutions, LLC SaaS OF. C (Issued 12.01.2024)
2.To the extent any term(s) of the Governing Contract and this Order Form conflict, the term(s) of this Order Form
will supercede the conflicting term(s) of the Governing Contract.
3.This Order Form will become effective when signed by both Parties. Unless both Parties sign this Order Form,
the pricing and terms offered in this Order Form expire on the Offer Expiration Date stated above.
4.This Order Form and the pricing terms herein are specific to You and shall be considered Our Confidential
Information. To the extent shared with any permitted third parties pursuant to the confidentiality terms between
the Parties, such third party shall be bound by terms that prohibit their use of the information for any purpose
beyond providing services to You, including restricting their use of the information in any aggregated or
anonymized format.
5.IF YOU ARE LOCATED OUTSIDE THE UNITED STATES, Your data, including Your and Your End Users’
personally-identifiable data, will be exported to the United States to enable us to administer, operate and process
the Services.
To proceed, please sign this Order Form
Signatures
Each undersigned hereby represents that he/she is an authorized representative of the respective Party, and is
authorized to commit the respective Party to all terms and conditions in this Order Form, and each undersigned
acknowledges that the Parties rely on such representation in their agreements set forth in this Order Form.
Target Solutions Learning, LLC d/b/a Vector Solutions Bozeman Fire Department (MT)
4890 W. Kennedy Blvd, Suite 300
Tampa, FL 33609
300 East Oak Street
Bozeman, MT 59715
By: \\s2\By: \\s1\
Printed Name: Jillian Conrad
Title: Director of Sales, SMB Sales Team
Date: \\d2\Date: \\d1\
Printed Name: Chuck Winn
Title: City Manager
56
Memorandum
REPORT TO:City Commission
FROM:Jamie Grabinski, Grants Coordinator
Aaron Funk, Controller
Melissa Hodnett, Finance Director
SUBJECT:Authorize the City Manager to Sign the Agreement with the Gallatin Valley
Urban Transportation District for Streamline Bus Services.
MEETING DATE:August 26, 2025
AGENDA ITEM TYPE:Grant
RECOMMENDATION:Authorize the City Manager to Sign the Agreement with the Gallatin Valley
Urban Transportation District for Streamline Bus Services.
STRATEGIC PLAN:1.4 Business and Institutional Partnerships: Explore opportunities for
partnerships with key business groups and non-profit organizations.
BACKGROUND:The City of Bozeman partners with key business groups and non-profit
organizations to provide essential public services to City of Bozeman
residents. As of July 1, 2025, the Gallatin Valley Urban Transportation
District (GVUTD) has assumed urban transportation services within the City
limits while HRDC will continue to provide senior transportation services
through Galavan and rural transportation services.
Through this agreement, the City of Bozeman will partner with the GVUTD to
fund and provide Streamline bus services. This agreement will ensure zero-
fare, safe, and efficient transportation services for all Bozeman residents.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:Total expenditures will be $400,000. Expenditures are included in the
adopted FY26 budget. This agreement will provide Streamline bus services in
the City of Bozeman funded by the General Fund.
Attachments:
FY26 GVUTD_Streamline Agreement_Signed.pdf
Report compiled on: August 14, 2025
57
FY 2026 Grant Agreement -Streamline Page 1
CITY OF BOZEMAN GRANT AGREEMENT
Streamline Bus Services
THIS AGREEMENT is made and entered into this 6th day of August 2026 by and between the
City of Bozeman, Montana, a self-governing municipal corporation operating pursuant to its
Charter and the laws of the State of Montana, located at 121 N. Rouse Ave., Bozeman MT 59771
(“City”) as GRANTOR and the Gallatin Valley Urban Transportation District (GVUTD), a non-
profit organization located at 32 South Tracy Avenue, Bozeman, Montana 59715 as GRANTEE.
WHEREAS, on October 17, 2005, the Bozeman City Commission adopted Resolution No. 3866
establishing policies for the granting of funds from the City of Bozeman to a requesting entity;
and
WHEREAS, GVUTD submitted a proposal to the City Commission for a grant of $400,000 for
the financial support to provide Streamline Bus transit services to the City of Bozeman residents
(the “Project”/the “Services”) that would benefit from the City funding; and
WHEREAS, the City Commission may make grants of money for public purposes pursuant to
Sect. 7-1-4124(9), MCA; and
WHEREAS, the City Commission determines the granting of funds under this Agreement is for
a public purpose benefitting the community by providing public transit services to City of
Bozeman residents; and
WHEREAS, on June 10, 2025, the Commission appropriated $400,000 for public transit services
to the Gallatin Valley UTD.
THE PARTIES AGREE:
1. The Grant. The City will grant and release to GRANTEE a sum of up to FOUR
HUNDRED THOUSAND dollars ($400,000) from its General Fund (the “Grant”)
pursuant to the payment terms in Section 4.
2. Term of Grant. This Agreement becomes effective on the date of signing and shall
terminate on June 30, 2026.
3. Use of Grant Funds. Grant funds in the amount of up to FOUR HUNDRED
THOUSAND dollars ($400,000) will be used by GRANTEE for the sole purpose of
providing public transit services to the City of Bozeman residents as described in the
proposal submitted by GRANTEE to the City Commission, attached hereto as Exhibit A
and by this reference incorporated herein. Eligible expenses must be incurred during the
term of this Agreement [and must be requested for reimbursement no later than July 20th,
58
FY 2026 Grant Agreement -Streamline Page 2
2026, following the expiration of this Agreement]. Eligible expenses must serve City of
Bozeman residents.
4.Payment of Grant Funds
a. GRANTEE may request the Grant funds during the fiscal year ending June 30,
2026, as needed by providing proof of expenses paid. Acceptable forms of proof
of payment shall be as determined in the sole discretion of the City’s Director of
Finance.
b. Modifications to the scope of work or term of this Agreement must be submitted
as a written request by the GRANTEE. The City’s Director of Finance must
review and approve all requests prior to the expiration of this Agreement.
c. The City will have no obligation to pay any Grant funds unless at the time of the
request for payment (i) all of GRANTEE’s representations as set forth in Section
4 are true and correct, and (ii) GRANTEE is not in breach of any term of this
Agreement. If any of the above conditions are not satisfied in sole the
determination of the City, the City shall have no obligation to make payment and
the City’s determination to refrain from paying, or its inability to pay, any of the
Grant funds shall not be or result in a default of this Agreement.
5. Grantee Representations
a. GRANTEE has familiarized itself with the nature and extent of this Agreement
and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect GRANTEE’s performance under
this Agreement.
b. GRANTEE represents and warrants to City that it has the experience and ability
to perform its obligations under this Agreement; that it will perform said
obligations in a professional, competent and timely manner and with diligence
and skill; that it has the power to enter into and perform this Agreement and grant
the rights granted in it; and that its performance of this Agreement shall not
infringe upon or violate the rights of any third party, whether rights of copyright,
trademark, privacy, publicity, libel, slander or any other rights of any nature
whatsoever, or violate any federal, state and municipal laws. The City will not
determine or exercise control as to general procedures or formats necessary for
GRANTEE to meet this warranty.
59
FY 2026 Grant Agreement -Streamline Page 3
c. GRANTEE represents and warrants to City that the Grant funds are necessary to
accomplish the financial requirements of the public transit Services to City of
Bozeman residents and that the [Project] will benefit City of Bozeman citizens.
6.Reports/Accountability/Public Information. If Grant funds are paid to GRANTEE,
GRANTEE will provide to the City a formal written report that includes, at a minimum,
the proof of expenses paid. GRANTEE agrees to provide to the City Commission, if
requested, a formal presentation that includes detail regarding use of Grant funds.
GRANTEE agrees to develop and/or provide such other documentation as requested by
the City demonstrating GRANTEE’s compliance with the requirements of this
Agreement. GRANTEE must allow the City, its auditors, and other persons authorized
by the City to inspect and copy its books and records for the purpose of verifying that
monies provided to GRANTEE pursuant to this Agreement were used in compliance with
this Agreement and all applicable provisions of federal, state, and local law. GRANTEE
will retain such records for seven years after receipt of final payment under this
Agreement unless permission to destroy them is granted by the City. GRANTEE shall
not issue any statements, releases or information for public dissemination without prior
approval of the City.
7. Permits and Compliance with Laws. GRANTEE will obtain, in a timely manner, all
required permits, licenses and approvals, and will meet all requirements of all local, state
and federal laws, rules and regulations which must be obtained or met in connection with
the Project.
8. Independent Contractor Status. The parties agree that GRANTEE, its agents,
employees, contractors, or subcontractors, are independent contractors for purposes of
this Agreement and are not to be considered employees or agents of the City for any
purpose. GRANTEE and its agents, employees, contractors, or subcontractors, are not
subject to the terms and provisions of the City’s personnel policies handbook and may
not be considered a City employee for workers’ compensation or any other purpose.
GRANTEE, its agents, employees, contractors, or subcontractors, are not authorized to
represent the City or otherwise bind the City in any way.
9. Default and Termination. If GRANTEE fails to comply with any condition of this
Agreement at the time or in the manner provided for, the City may terminate this
Agreement if the default is not cured within fifteen (15) days after written notice is
provided to GRANTEE. The notice will set forth the items to be cured. If this
Agreement is terminated pursuant to this Section, GRANTEE will repay to the City any
Grant funds already delivered to GRANTEE for the public transit services.
10. Limitation on GRANTEE’s Damages; Time for Asserting Claim
60
FY 2026 Grant Agreement -Streamline Page 4
a. In the event of a claim for damages by GRANTEE under this Agreement,
GRANTEE’s damages shall be limited to contract damages and GRANTEE
hereby expressly waives any right to claim or recover consequential, special,
punitive, lost business opportunity, lost productivity, field office overhead,
general conditions costs, or lost profits damages of any nature or kind.
b. In the event GRANTEE wants to assert a claim for damages of any kind or nature,
GRANTEE must first provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of
damages sought by the claim, within ninety (90) days of the facts and
circumstances giving rise to the claim. In the event GRANTEE fails to provide
such notice, GRANTEE shall waive all rights to assert such claim.
11. Representatives
a. City’s Representative. The City’s Representative for the purpose of this
Agreement shall be Melissa Hodnett, Finance Director or such other individual as
City may designate in writing. Whenever approval or authorization from or
communication or submission to City is required by this Agreement, such
communication or submission must be directed to the City’s Representative and
approvals or authorizations will be issued only by such Representative; provided,
however, that in exigent circumstances when City’s Representative is not
available, GRANTEE may direct its communication or submission to other
designated City personnel or agents and may receive approvals or authorization
from such persons.
b. GRANTEE’s Representative. GRANTEE’s Representative for the purpose of
this Agreement shall be Sunshine Ross, GVUTD Transportation Director or such
other individual as GRANTEE designates in writing. Whenever direction to or
communication with GRANTEE is required by this Agreement, such direction or
communication must be directed to GRANTEE’s Representative; provided,
however, that in exigent circumstances when GRANTEE’s Representative is not
available, City may direct its direction or communication to other designated
GRANTEE personnel or agents.
12. Indemnity/Waiver of Claims/Insurance.To the fullest extent permitted by law,
GRANTEE agrees to defend, indemnify and hold the City and its agents, representatives,
employees, and officers (collectively referred to for purposes of this Section as the City)
harmless against all third party claims, demands, suits, damages, losses, and expenses,
including reasonable defense attorney fees, which arise out of, relate to or result from
GRANTEE’s (i) negligence, or (ii) willful or reckless misconduct.
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FY 2026 Grant Agreement -Streamline Page 5
Such obligations shall not be construed to negate, abridge, or reduce other rights or
obligations of indemnity that would otherwise exist. The indemnification obligations of
this Section must not be construed to negate, abridge, or reduce any common-law or
statutory rights of the indemnitee(s) which would otherwise exist as to such
indemnitee(s). GRANTEE’s indemnification obligations under this Section shall be
without regard to and without any right to contribution from any insurance maintained by
City.
Should any indemnitee described herein be required to bring an action against
GRANTEE to assert its right to defense or indemnification under this Agreement or
under GRANTEE’s applicable insurance policies required below the indemnitee shall be
entitled to recover reasonable costs and attorney fees incurred in asserting its right to
indemnification or defense but only if a court of competent jurisdiction determines
GRANTEE was obligated to defend the claim(s) or was obligated to indemnify the
indemnitee for a claim(s) or any portion(s) thereof.
In the event of an action filed against City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of
suit.
GRANTEE also waives any and all claims and recourse against the City or its officers,
agents or employees, including the right of contribution for loss or damage to person or
property arising from, growing out of, or in any way connected with or incident to the
performance of this Agreement except “responsibility for his own fraud, for willful injury
to the person or property of another, or for violation of law, whether willful or negligent”
as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement.
In addition to and independent from the above, GRANTEE shall at GRANTEE’s expense
secure insurance coverage through an insurance company or companies duly licensed and
authorized to conduct insurance business in Montana which insures the liabilities and
obligations specifically assumed by GRANTEE in this Section. The insurance coverage
shall not contain any exclusion for liabilities specifically assumed by GRANTEE in this
Section unless and to the extent coverage for such liability is not reasonably available.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City
without limit and without regard to the cause therefore and which is acceptable to the
City and GRANTEE shall furnish to the City an accompanying certificate of insurance
and accompanying endorsements in amounts not less than as follows:
Workers’ Compensation – statutory;
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FY 2026 Grant Agreement -Streamline Page 6
Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate
The City of Bozeman, its officers, agents, and employees, shall be endorsed as an
additional insured on a primary non-contributory basis on the Commercial General
Liability policy. The insurance and required endorsements must be in a form suitable to
City and shall include no less than a thirty (30) day notice of cancellation or non-renewal.
The City must approve all insurance coverage and endorsements prior to delivery of
Grant funds to GRANTEE. GRANTEE shall notify City within two (2) business days of
GRANTEE’s receipt of notice that any required insurance coverage will be terminated or
GRANTEE’s decision to terminate any required insurance coverage for any reason.
13. Nondiscrimination and Equal Pay. GRANTEE agrees that all hiring by GRANTEE of
persons performing this Grant Agreement shall be on the basis of merit and
qualifications. GRANTEE will have a policy to provide equal employment opportunity
in accordance with all applicable state and federal anti-discrimination laws, regulations,
and contracts. GRANTEE will not refuse employment to a person, bar a person from
employment, or discriminate against a person in compensation or in a term, condition, or
privilege of employment because of race, color, religion, creed, political ideas, sex, age,
marital status, national origin, actual or perceived sexual orientation, gender identity,
physical or mental disability, except when the reasonable demands of the position require
an age, physical or mental disability, marital status or sex distinction.
In addition, GRANTEE represents it is, and for the term of this Agreement will be, in
compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104,
MCA (the Montana Equal Pay Act). GRANTEE must report to the City any violations of
the Montana Equal Pay Act that GRANTEE has been found liable for or guilty of within
30 days of such finding for violations occurring during the term of this Agreement.
GRANTEE shall require these nondiscrimination terms of its subcontractors providing
services under this Grant Agreement.
14. Public Meetings and Access to Public Records
a. Meetings of GRANTEE that pertain to the receipt or expenditure of Grant funds from
the City may be subject to the open meeting requirements of Montana law, including
those set forth in Title 7, Chapter 1, Part 41, MCA and Title 2, Chapter 3, MCA. To
ensure compliance, GRANTEE must provide agendas for meetings that pertain to the
receipt or expenditure of Grant funds covered by this Agreement to the City Clerk’s
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FY 2026 Grant Agreement -Streamline Page 7
office no later than 72 working hours prior to meeting for notice on the City’s official
posting board and any other sites deemed reasonable by the Clerk’s office. In
addition, meeting minutes will be kept by GRANTEE and provided to the City
Clerk’s office no later than 90 days after the meeting. These minutes shall be posted
and made available to the public by the City Clerk’s office except for those minutes
taken during a closed meeting in accordance with 2-3-203, MCA. Minutes taken
during a closed meeting shall also be provided to the City Clerk’s office but shall be
handled in accordance with the City Clerk’s regular executive session protocol and
kept private in a secured cabinet.
b. In accordance with 7-1-4144, MCA and subject to any applicable legal obligation to
protect and preserve individual confidential or private information, upon reasonable
request and at reasonable times during normal business hours, GRANTEE shall make
such records available for inspection and copying by members of the public.
GRANTEE may charge for such copying in accordance with the policies of the City,
which GRANTEE hereby adopts for such purposes.
c. To determine whether a meeting or part of a meeting may be closed to the public and
to determine whether information contained in GRANTEE documents is protected by
law from disclosure, GRANTEE may seek a determination of the City Attorney at no
cost to GRANTEE. Such request and determination shall not create an attorney-
client relationship between GRANTEE and the City.
15. Attorney’s Fees and Costs. In the event it becomes necessary for a party to this
Agreement to retain an attorney to enforce any of the terms or conditions of this
Agreement or to give any notice required herein, then the prevailing party shall be
entitled to reasonable attorney’s fees and costs, including fees, salary, and costs of in-
house counsel to include City Attorney.
16. Integration and Modification. This document contains the entire agreement between
the parties and no statements, promises or inducements made by either party or agents of
either party not contained in this written Agreement may be considered valid or binding.
This Agreement may not be modified except by written agreement signed by both parties.
17. Dispute Resolution
a. Any claim, controversy, or dispute between the parties, their agents, employees,
or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements.
Upon mutual agreement of the parties, the parties may invite an independent,
disinterested mediator to assist in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court
64
FY 2026 Grant Agreement -Streamline Page 8
of competent jurisdiction in compliance with the Applicable Law provisions of
this Agreement.
18.No Assignment.GRANTEE may not subcontract or assign GRANTEE’s rights,
including the right to Grant payments, or any other rights or duties arising hereunder,
without the prior written consent of City.
19. No Third-Party Beneficiary. The terms and provisions of this Agreement are intended
solely for the benefit of each party and their respective successors and assigns. It is not
the parties’ intent to confer third party beneficiary rights upon any other person or entity.
20. Choice of Law. This Agreement shall be governed and construed in accordance with the
laws of the State of Montana without regard to conflict of law provisions. The Parties
agree to submit to the personal and exclusive jurisdiction of the courts located within
Gallatin County, Montana.
21. Non-Waiver. A waiver by either party of any default or breach by the other party of any
terms or conditions of this Agreement does not limit the other party’s right to enforce
such term or conditions or to pursue any available legal or equitable rights in the event of
any subsequent default or breach.
22. Severability. If any portion of this Agreement is held to be void or unenforceable, the
balance of the Agreement shall continue in effect.
23. Counterparts. This Agreement may be executed in counterparts, which together
constitute one instrument.
24. Consent to Electronic Signatures: The Parties have consented to execute this Agreement
electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
IN WITNESS WHEREOF,the parties hereto have executed this instrument the day and year
indicated below.
_______________________ Date: __________
Chuck Winn, City Manager
City of Bozeman
_______________________ Date: __________
Sunshine Ross, Transportation Director
GRANTEE
65
FY 2026 Grant Agreement -Streamline Page 9
Approved as to form:
_______________________ Date: __________
Greg Sullivan, City Attorney
City of Bozeman
66
FY 2025 Grant Agreement -Streamline Exhibit A
V 9 7 22
Exhibit A
Grant Proposal
Grant Project Overview: The Gallatin Valley Urban Transportation District will provide
public transportation via the Streamline Bus service to City of Bozeman residents.
67
Memorandum
REPORT TO:City Commission
FROM:Tom Rogers, Senior Planner
Chris Saunders, Community Development Manager
Erin George, Interim Director of Community Development
SUBJECT:An Ordinance Provisionally Adopting of the Gallatin Center Zone Map
Amendment, Modifying Zoning from a combination of B-2 and B-P to B-2M,
Community Commercial-Mixed District, on 67.709 Acres on Property
Located on the northwest corner of North 19th Avenue and Baxter Lane, the
Gallatin Center Zone Map Amendment, Application 24626
MEETING DATE:August 26, 2025
AGENDA ITEM TYPE:Community Development - Legislative
RECOMMENDATION:Provisionally adopt 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 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
68
Space Mixed-Use.
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.
On June 3, 2024, the City Commission voted (4:0) to approve Application
24626 to change the zoning classification on 67.709 acres from B-2 and B-P
to B-2M, Community Commercial-Mixed District subject to contingencies
necessary for final adoption. The applicant has met all contingencies to
finalize the documents necessary for the final approval steps.
UNRESOLVED ISSUES:There are no unresolved issues.
ALTERNATIVES:As determined by the Commission
FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds
will be changed by the Zone Map Amendment. Future development will
incur costs and generate review according to standard City practices.
Attachments:
24626 Gallatin Center Ordinance.pdf
001 ZMA Exhibit.pdf
Report compiled on: August 13, 2025
69
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 67.709 ACRES FROM B-2
AND B-P TO B-2M, COMMUNITY COMMERCIAL MIXED DISTRICT, KNOWN AS THE
GALLATIN CENTER ZONE MAP AMENDMENT, APPLICATION 24626.
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 change zoning classification of B-2 (Community Commercial) and
B-P (Business Park) to B-2M (Community Commercial Mixed) on 67.704 acres plus the
adjacent right-of-way has been properly submitted, reviewed, and advertised; and
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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 16, 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 the Bozeman City
Commission that application No. 24626 the Gallatin Center Zone Map Amendment, be
approved as requested by the applicant; and
WHEREAS, after proper notice, the City Commission held its public hearing on July
1, 2025, to receive and review all written and oral testimony on the request for the zone map
amendment; and
WHEREAS, the City Commission has reviewed and considered the zone map
amendment criteria established in Section 76-2-304, M.C.A., and found that the proposed
zone map amendment would be in compliance with the criteria.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA:
Section 1
Legislative Findings
The City Commission hereby makes the following findings in support of adoption of
this Ordinance:
1. The City adopted a growth policy, the Bozeman Community Plan 2020, by Resolution
5133 to establish policies for development of the community including zoning;
2. The Bozeman Community Plan 2020, Chapter 5, sets forth the policies by which the
City reviews and applies the criteria for amendment of zoning established in 76-3-
304, MCA;
3. Zoning, including amendments to the zoning map, must be in accordance with an
adopted growth policy;
4. A staff report analyzing the required criteria for a zone map amendment, including
accordance to the Bozeman Community Plan 2020, has found that the required
criteria are satisfied;
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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 Gallatin Center Zone Map Amendment have been satisfied.
Section 2
That the zoning district designation of the following-described property is hereby
designated as B-2M, Community Commercial Mixed:
A tract of land being the remainder of Lot 3 of Minor Subdivision 210, located in the
SE1/4 of Section 35, Township 1 South, Range 5 East, P.M.M., Gallatin County,
Montana, and being more particularly described as follows:
Beginning at the northwest corner of said tract, being the point of intersection of the
south right-of-way of Cattail Street and the north-south mid-section line of said
Section 35, thence along the south right-of-way of Cattail Street, the following four
(4) courses: N.89°39'45"E. for 393.06 feet; thence along a curve to the left having a
Radius of 336.99 feet, a Delta Angle of 11°16'48", a Chord Bearing of N.84°01'20"E.,
a Chord Distance of 66.24 feet, for a Curve Length of 66.34 feet; thence
N.78°39'08"E. for 178.08 feet; thence along a curve to the right having a Radius of
255.00 feet, a Delta Angle of 03°49'19", a Chord Bearing of N.80°33'48"E., a Chord
Distance of 17.01 feet, for a Curve Length of 17.01 feet to the northwest corner of
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Ordinance 2025 - ____ Zoning Ordinance
Page 4 of 6
the Common Area lot of Gallatin Center Subdivision Phase 4, Plat J-423; thence
along the west boundary of said Common Area lot, S.00°05'43"E. for 208.33 feet;
thence along the south boundary of said Common Area lot, S.89°41'12"E. for 61.59
feet to the northwest corner of Lot 6, Block 1, of the Opportunity Subdivision, Plat J-
631; thence along the west boundary of said Lot 6, S.00°19'54"W. for 199.52 feet to
a point of intersection with the west right-of-way of Max Avenue; thence along said
right-of-way, S.00°19'54"W. for 740.96 feet; thence S.89°39'55"E. for 942.18 feet to
the west right-of-way of North 19th Avenue; thence along said right-of-way the
following six (6) courses: S.00°14'43"W. for 60.02 feet; thence S.00°16'58"W. for
803.62 feet; thence S.06°05'34"E. for 153.28 feet; thence along a non-tangent curve
to the left from which the Radius Point bears N.88°27'15"E., said curve having a
Radius of 1969.86 feet, a Delta Angle of 04°56'51", a Chord Bearing of S.04°01'11"E.,
a Chord Distance of 170.05 feet, for a Curve Length of 170.10 feet; thence
N.72°16'04"W. for 17.74 feet; thence S.00°18'48"E. for 263.36 feet to the north right-
of-way of Baxter Lane; thence along said right-of-way S.89°41'45"W. for 398.58 feet
to the east boundary of Tract C-1B, Certificate of Survey No. 1979; thence along
said boundary the following three (3) courses: N.00°18'15"W. for 535.00 feet to the
northeast corner of said Tract C-1B; thence S.89°41'45"W. for 450.00 feet to the
northwest corner of said tract C-1B; thence S.00°18'15"E. for 535.00 feet to the
north right of way of Baxter Lane; thence along said right-of-way S.89°41'44"W. for
819.57 feet; thence N.00°14'19"E. for 2560.09 feet, to the true Point of Beginning.
Said tract contains 67.709 acres along with and subject to any easements of record
or implied. All as depicted on the Gallatin Center Zone Map.
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
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Ordinance 2025 - ____ Zoning Ordinance
Page 5 of 6
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in
full force and effect.
Section 5
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not
affect the validity of this ordinance as a whole, or any part or provision thereof, other than
the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity
of the Bozeman Municipal Code as a whole.
Section 6
Codification.
This Ordinance shall not be codified but shall be kept by the City Clerk and entered
into a disposition list in numerical order with all other ordinances of the City and shall be
organized in a category entitled “Zone Map Amendments.”
Section 7
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
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Ordinance 2025 - ____ Zoning Ordinance
Page 6 of 6
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the ___th day of _______________, 2025.
____________________________________
TERENCE CUNNINGHAM
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City
of Bozeman, Montana on second reading at a regular session thereof held on the ____ of
________________, 2025. The effective date of this ordinance is _____________, ____, 2025.
_________________________________
TERENCE CUNNINGHAM
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
75
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W
W
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CS
W
W
W
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W
W
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W
W
M
W
CS
W
W
W WW
W
WWWWWW
WWW
W WWWWWWWWWWWWWWWWWWWWWXXXX X X X
XXXXXXXXXXXXSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS SS SS SS SS SSWWWWWWWWWWW W WWWWWWSSSSWWWWWSSSSSSSS
SS
SSUGTVUGTVUGTVUGTVUGTVUGTVUGTVUGTVUGTVUGTV W W W
W W W W W W W W W W W W WSSSSSSSSSSSSSSSSSSSSSSSS SS
S89°41'43"W, 819.78'(R) S00°18'18"E, 580.00'(R) S89°41'42"W, 450.00'(R) N00°18'18"W, 580.00'(R) S89°41'42"W, 398.59'(M) N00°14'19"E, 2605.09'(R) 393.08'(M) S89°39'45"W, 393.06'(R) N00°05'43"W, 208.33'(M) S00°19'54"W, 940.48'(R) 940.34'(R) 941.77'
(M) S89°39'55"E, 942.18'(M) S00°16'49"W, 863.64'(R) 863.60'S05°57'19"E, 152.86'S00°16'21"E, 308.34'S89°41'42"W, 819.35'S89°41'42"W, 398.62'
(R) 178.08'(M) S78°39'08"W, 178.08'(R) S89°41'12"E,61.59'
Δ = 4°56'51"
R = 1969.86'
L = 170.10'
CH = S04°03'54"E
170.05'
N73°12'20"W, 17.36'
N89°41'42"E, 450.00'WWWWWWWWWWWWWWWWWWWWWXXXX X X X
XXXXXXXXXXXXSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS SS SS SS SS SSWWWWWWWWWWW W WWWWWWSSSSWWWWWSSSSSSSS
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W W W W W W W W W W W W WSSSSSSSSSSSSSSSSSSSSSSSS SS
S89°41'43"W, 819.78'(R) S00°18'18"E, 580.00'(R) S89°41'42"W, 450.00'(R) N00°18'18"W, 580.00'(R) S89°41'42"W, 398.59'(M) N00°14'19"E, 2605.09'(R) 393.08'(M) S89°39'45"W, 393.06'(R) N00°05'43"W, 208.33'(M) S00°19'54"W, 940.48'(R) 940.34'(R) 941.77'
(M) S89°39'55"E, 942.18'(M) S00°16'49"W, 863.64'(R) 863.60'S05°57'19"E, 152.86'S00°16'21"E, 308.34'S89°41'42"W, 819.35'S89°41'42"W, 398.62'
(R) 178.08'(M) S78°39'08"W, 178.08'(R) S89°41'12"E,61.59'
Δ = 4°56'51"
R = 1969.86'
L = 170.10'
CH = S04°03'54"E
170.05'
N73°12'20"W, 17.36'
N89°41'42"E, 450.00'
45' WIDE PUBLIC ROAD DEDICATION 45' WIDE PUBLIC ROAD DEDICATION
ZONING: REMU
ZONING: R-4
ZONING: R-4
ZONING: B-2ZONING: B-2
ZONING:M-1
ZONING: R-O
PUBLIC USE EASEMENT
PER DOC. NO. 2605726
PUBLIC USE EASEMENT
PER DOC. NO. 2605726
ACCESS EASEMENT
PER FILM 132 PG 501
APPROXIMATE 70' WIDE PUBLIC OPEN
SPACE/LINEAR TRAIL & STREAM CORRIDOR
EASEMENT DRAWN FROM MINOR SUB. 210
REFERENCE TAG "N85°E 4.5'APPROXIMATE 70' WIDE PUBLIC OPENSPACE/LINEAR TRAIL & STREAM CORRIDOREASEMENT DRAWN FROM MINOR SUB. 210(TO BE RELOCATED)
PUBLIC USE EASEMENT
PER DOC. NO. 2605726
CATTAIL STREETKIMBERWICKE STREET
RAWHIDE RIDGE ROADMAX AVENUETHOMAS DRIVENORTH 19TH AVENUEBAXTER LANE
EXISTING 8" PVCSEWER MAIN EXISTING 8" PVCSEWER MAIN STUB EXISTING 8" PVCSEWER MAIN EXISTING 8" PVCSEWER MAIN
EXISTING 8" PVC
SEWER MAIN
EXISTING 8" PVC
SEWER MAIN
EXISTING 8" PVC
SEWER MAIN STUB
EXISTING 12" DIWATER MAIN
EXISTING 8" DI
WATER MAIN
EXISTING 8" DIWATER MAIN
EXISTING 8" DI
WATER MAIN
EXISTING 8" DI
WATER MAIN
EXISTING CURB/ EDGE OF PAVEMENT
EXISTING 8" PVC
SEWER MAIN
PROPERTY LINEPROPERTY LINE
PROPERTY LINE
PROPERTY LINE
PROPERTY LINE
ZONING BOUNDARY LINE(TYPICAL)EXISTING 8" PVCSEWER MAIN STUB
EXISTING HYDRANT
(TYPICAL)
EXISTING CURB/ EDGE OF PAVEMENT
EXISTING CURB/
EDGE OF PAVEMENT
EXISTING EDGE OF PAVEMENT
EXISTING 8" PVC
SEWER MAIN STUB
PROPERTY LINE
60'-0.0" PUBLIC ROADWAY
AND UTILITY EASEMENT
PER DOC. NO. 2604451
20'-0.0" UTILITY
EASEMENT
10'-0.0" R/W EASEMENT TO
M.P.C. PER 67F186
30'-0.0" DEDICATED
ROADWAY FOR
PUBLIC USE
20'-0.0" EASEMENT FOR
ROADWAY PURPOSES
20'-0.0" UTILITY
EASEMENT
20'-0.0" UTILITYEASEMENTFUTURE 60'-0.0" DEDICATEDPUBLIC STREET R.O.W.(FUTURE NORTH 27TH AVE.)30'-0.0" WATER LINE EASEMENTPER FILM 198, PAGES 4015-4020 30'-0.0" WATER LINE EASEMENTPER FILM 198, PAGES 4015-402021'-6.0" PUBLIC UTILITYEASEMENT PER DOC. NO.2164139
10'-0.0" UTILITY EASEMENT TO
M.P.C. PER 98F4416
30'-0.0" WATER LINE EASEMENTPER FILM 198, PAGES 4021-4025
30'-0.0" WATER MAIN EASEMNT
PER DOC. NO. 2604450
EXISTING 8" DIWATER MAIN STUB
APPROXIMATE 70' WIDE PUBLIC OPEN
SPACE/LINEAR TRAIL & STREAM CORRIDOR
EASEMENT DRAWN FROM MINOR SUB. 210
MINOR SUB 210, S35, T01 S, R05 E, Lot 3,
(RE-MAINDER) LESS GALLATIN CENTER
SUB PHASE 1-4
68.33 ACRES
2,976,498 SQUARE FEET
EXISTING ZONING: B-2/BP
PROPOSED ZONING: B-2M
EXISTING 12" DI
WATER MAIN
EXISTING 24"
ASBESTOS CONCRETE
SEWER MAIN
0
SCALE: 1" = 100'
100'50'
K:\Bozeman\Gallatin Center LP\2024381 Gallatin Center\05CAD\Sheets\ZMA\24381-EXHB.dwg ZMA EXHIBIT 2/21/2025 9:36:48 AM
DESIGNED BY:
DRAWN BY:
CHECKED BY:
DATE:
CGB
JRH
EWR/CGB
DECEMBER 2024
SHEET
1
NO.DATEREVISIONPREPARED BY BY
ZMA EXHIBIT
GALLATIN CENTER LIMITED PARTNERSHIP
BOZEMAN, MT
GALLATIN CENTER PHASE 5 E NG I N E E R I N G
PROJECT NO. 2024381
895 TECHNOLOGY BLVD., SUITE 203
BOZEMAN, MT 59718
(406) 586-0262
www.wwcengineering.com
1.02/2025REVISED PER CITY REVIEW JRH
76
Memorandum
REPORT TO:City Commission
FROM:Melissa Hodnett, Finance Director
SUBJECT:Resolution Establishing Fiscal Year 2026 (FY26) Property Tax Levies and
Related Actions and Resolutions
MEETING DATE:August 26, 2025
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Consider each Motion:
1. Adopt the resolution converting voted mills to dollars.
2. Adopt the resolution repealing section 3 of Resolution 3954.
3. Adopt the resolution establishing and affixing property tax mill levies
for fiscal year 2026.
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:Each year, the City Commission sets property tax rates, called mill levies,
based on certified property values provided by the Montana Department of
Revenue. For FY26, recent state law changes affect how much revenue the
City can raise and how mill levies impact taxpayers.
Tonight’s agenda includes three possible action items to address these
changes. Presenting potential actions together allows the Commission and
the public to see the full financial picture, including budgetary impacts,
compliance with state law, and operational implications. See the attached
memo titled "FY26 Property Tax Levies and Related Actions" for a detailed
outline of the options and resolutions on the agenda tonight.
UNRESOLVED ISSUES:None.
ALTERNATIVES:Alternatives are outlined in the attached memo titled "FY26 Property Tax
Levies and Related Actions".
FISCAL EFFECTS:Tonight's decisions will determine the budgetary shortfall in the General
Fund in FY26 which likely require budget reductions by the City Manager.
Regardless of Commission actions, the expected annual cost to the median
single-family taxpayer in Bozeman is expected to decrease compared to the
prior year, due to changes in tax rates by the Montana State Legislature. See
attached memo titled "FY26 Property Tax Levies and Related Actions" for
77
more details.
Attachments:
1a-Resolution to Convert Voted Mills to Dollars.docx
1b-Alternate Resolution to Reset Voted Mills.docx
2-Resolution Repealing Section 3 Resolution 3954.docx
3-ResolutionEstablishingMillLevies.docx
FY26 Property Tax Levies and Related Actions.pdf
Report compiled on: August 21, 2024
78
RESOLUTION 2025-
RESOLUTION ESTABLISHING THE METHOD OF LEVYING VOTED MILLS AS REQUIRED BY
LAWS 2025, CHAPTERS 674 AND 767 PASSED IN THE 69TH MONTANA LEGISLATIVE
SESSION
WHEREAS, Laws 2025, Chapters 674 and 767 passed in the 69th Montana Legislative Session
requires that a taxing entity with a local mill levy limit of a specific number of mills that may
be imposed that was authorized by the voters before May 13, 2025, shall elect one of two
methods to recalculate those mill levies.
WHEREAS, a taxing entity may either elect to:
(a) transition a voted mill levy to a dollar-based mill levy equal to the amount of
property taxes assessed in fiscal year 2025 and thereafter subject to the provisions of 15-
10- 420(1)(a); or
(b) levy the number of mills in fiscal year 2026 that will generate the amount of
property taxes assessed in fiscal year 2025. In fiscal years after 2026, the local government
may levy an amount not to exceed the number of mills levied in fiscal year 2026.
WHEREAS, the City of Bozeman has the following mill levy authorized by the voters before
May 13, 2025:
1.0 mill for Senior Transportation
4.0 mills for Fire Department Capital Equipment
12.0 mills for Fire Department Staffing
14.0 mills for Police Department Staffing
NOW THEREFORE BE IT RESOLVED, by the City Commission of the City of Bozeman, Montana,
that:
79
Section 1
The voted mill levies for Senior Transpiration (1.0 mill), Fire Department Capital Equipment
(4.0 mills), Fire Department Staffing (12.0 mills) and Police Department Staffing (14.0 mills)
will be transitioned to a dollar-based mill levy equal to the total authorized ad valorem tax
revenue assessment in fiscal year 2025 and thereafter subject to the provisions of 15-10-
420(1)(a); and
Section 2
The total authorized ad valorem tax revenue assessed in fiscal year 2025 for the
mill levies were as follows; and
Voted Levy
#
mills
FY25
Assessed
Senior Transportation 1.0
$
245,207.74
Fire Department Equipment 4.0
980,830.96
Fire Department Staffing 12.0
2,942,492.88
Police Department Staffing 14.0
3,432,908.36
Section 3
Hereafter, the Bozeman City Commission may levy up to the amounts listed above, plus
the rate of inflation provided for in Section 15-10-420(1)(a), MCA; and
Section 4
For fiscal year 2026, the Bozeman City Commission will levy the amounts below
for each voted mill levy.
Voted Levy
#
mills
FY26
Assessed
Senior Transportation 1.14
$
250,381.62
Fire Department Equipment 4.57
1,001,526.49
Fire Department Staffing 13.72
80
3,004,579.48
Police Department Staffing 16.01
3,505,342.73
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the 26th day of August, 2025.
___________________________________
TERENCE CUNNINGHAM
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
81
RESOLUTION 2025-
RESOLUTION ESTABLISHING THE METHOD OF LEVYING VOTED MILLS AS REQUIRED BY
LAWS 2025, CHAPTERS 674 AND 767 PASSED IN THE 69TH MONTANA LEGISLATIVE
SESSION
WHEREAS, Laws 2025, Chapters 674 and 767 passed in the 69th Montana Legislative Session
requires that a taxing entity with a local mill levy limit of a specific number of mills that may
be imposed that was authorized by the voters before May 13, 2025, shall elect one of two
methods to recalculate those mill levies.
WHEREAS, a taxing entity may either elect to:
(a) transition a voted mill levy to a dollar-based mill levy equal to the amount of
property taxes assessed in fiscal year 2025 and thereafter subject to the provisions of 15-
10- 420(1)(a); or
(b) levy the number of mills in fiscal year 2026 that will generate the amount of
property taxes assessed in fiscal year 2025. In fiscal years after 2026, the local government
may levy an amount not to exceed the number of mills levied in fiscal year 2026.
WHEREAS, the City of Bozeman has the following mill levy authorized by the voters before
May 13, 2025:
1.0 mill for Senior Transportation
4.0 mills for Fire Department Capital Equipment
12.0 mills for Fire Department Staffing
14.0 mills for Police Department Staffing
NOW THEREFORE BE IT RESOLVED, by the City Commission of the City of Bozeman, Montana,
that:
82
Section 1
The voted mill levies for Senior Transpiration (1.0 mill), Fire Department Capital Equipment
(4.0 mills), Fire Department Staffing (12.0 mills) and Police Department Staffing (14.0 mills)
will be reset for fiscal year 2026 to the number of mills that will generate the total
authorized ad valorem tax revenue assessment for the same levy in fiscal year 2025; and
Section 2
The total authorized ad valorem tax revenue assessed in fiscal year 2025 for the
mill levies were as follows; and
Voted Levy
#
mills
FY25
Assessed
Senior Transportation 1.0
$
245,207.74
Fire Department Equipment 4.0
980,830.96
Fire Department Staffing 12.0
2,942,492.88
Police Department Staffing 14.0
3,432,908.36
Section 3
Hereafter, the Bozeman City Commission may levy up to the amounts listed above, plus
the rate of inflation provided for in Section 15-10-420(1)(a), MCA; and
Section 4
For fiscal year 2026, the Bozeman City Commission will levy the amounts below
for each voted mill levy.
Voted Levy
#
mills
FY26
Assessed
Senior Transportation 1.12
$
245,207.74
Fire Department Equipment 4.48
980,830.96
Fire Department Staffing 13.44
2,942,492.88
Police Department Staffing 15.68
83
3,432,908.36
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the 26th day of August, 2025.
___________________________________
TERENCE CUNNINGHAM
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
84
Version February 2023
RESOLUTION 2025-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
REPEALING SECTION 3 OF CITY COMMISSION RESOLUTION NO. 3954 RELATED TO THE 911
EMERGENCY SERVICES LEVY
WHEREAS, in 2006, the City Commission adopted Resolution No. 3954 to support a
countywide 9-1-1 Emergency Services levy and reduce the City’s General Fund mill levy by 9 mills;
and
WHEREAS, Section 3 of Resolution No. 3954 directed that the 9-mill reduction continue
each year for as long as 9-1-1 services were funded by a source other than the City’s General
Fund; and
WHEREAS, budget and taxation are legislative matters, and no prior City Commission may
bind future Commissions in setting levy rates or determining budgets; and
WHEREAS, changes by the Montana legislature have reduced the City’s General Fund
revenues, particularly for Police and Fire services, creating a need for flexibility in setting the mill
levy; and
WHEREAS, the City Commission finds it is in the public interest to repeal Section 3 of
Resolution No. 3954 to allow future Commissions to determine levy levels annually based on
current public safety and fiscal priorities;
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana, that Section 3 of Resolution No. 3954 (2006) is hereby repealed.
85
Version February 2023
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the 26th day of August, 2025.
___________________________________
TERENCE CUNNINGHAM
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
86
Resolution Establishing and Affixing the Number of Mills for FY26
1 of 4
RESOLUTION 5623
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
ESTABLISHING AND AFFIXING THE NUMBER OF MILLS TO BE CHARGED AGAINST THE ASSESSED
VALUATION OF ALL TAXABLE PROPERTY SITUATED WITHIN THE CORPORATE JURISDICTIONAL
BOUNDARIES OF THE CITY FOR FISCAL YEAR 2025-2026 (FY26).
WHEREAS, after due and proper legal notice, at a regular session of the City Commission
on August 26, 2025, the public hearing on the proposed change of ad-valorem tax revenue was
held; and
WHEREAS, the Montana Department of Revenue issued to the City a Certified Taxable
Valuation received on August 4, 2025; and
WHEREAS, in accordance with Montana Code Annotated, a resolution must be adopted
by the City Commission in order to determine the amount of the City or Town taxes to be levied
and assessed on the taxable property situated within the City for the current fiscal year; and
WHEREAS, the City Clerk must certify to the County Clerk a copy of such resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana, as follows:
Section 1
That for the purpose of providing and maintaining basic City services the City Commission
of the City of Bozeman, Montana does hereby affix 121.26 mills to be levied for the All-Purpose
General Fund for general government purposes as provided by Sections 7-6-4451 and 15-10-420
MCA.
Section 2
That the City Commission of the City of Bozeman, Montana does hereby establish and
affix a mill levy in the amount of 1.07 mills to provide funds for the City Planning Activity as
provided by Sections 7-6-4451 and 15-10-420 MCA.
87
Resolution Establishing and Affixing the Number of Mills for FY26
2 of 4
Section 4
That the City Commission of the City of Bozeman, Montana does hereby establish and
affix a mill levy in the amount of 12.24 mills to provide for the total City payment of premiums
for Health Medical Insurance for City employees as provided by Section 2-9-212 MCA.
Section 5
That for the purpose of providing and maintaining basic City services, the City
Commission of the City of Bozeman, Montana does hereby affix 1.14 mills to be levied for
Senior Transportation as provided by Section 7-6-4431 MCA.
Section 6
That for the purpose of providing and maintaining basic City services, the City
Commission of the City of Bozeman, Montana does hereby affix 4.57 mills to be levied for Fire
Department Capital Equipment as provided by Section 7-6-4431 MCA.
Section 5
That for the purpose of providing and maintaining basic City services, the City
Commission of the City of Bozeman, Montana does hereby affix 13.72 mills to be levied for Fire
Department staffing as provided by Section 7-6-4431 MCA.
Section 5
That for the purpose of providing and maintaining basic City services, the City
Commission of the City of Bozeman, Montana does hereby affix 16.01 mills to be levied for
Police Department staffing as provided by Section 7-6-4431 MCA.
Section 6
In accordance with Section 7-7-4265 MCA, the City Commission of the City of Bozeman,
Montana does hereby establish and affix a mill levy in the amount of 4.95 mills to provide for
principal and interest payments on outstanding Trails, Open Space and Parks (TOP) General
Obligation Bonds, 10.82 mills to provide for principal and interest payments on outstanding
Bozeman Public Safety Center (BPSC) General Obligation Bonds, and 4.93 mills to provide for
principal and interest payments on outstanding Fire Station #2 Relocation General Obligation
Bonds.
88
Resolution Establishing and Affixing the Number of Mills for FY26
3 of 4
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the 26th day of August, 2025.
___________________________________
TERENCE CUNNINGHAM
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
89
Resolution Establishing and Affixing the Number of Mills for FY26
4 of 4
CITY OF BOZEMAN
Mill Levy Fiscal Year 2025-2026 (FY26)
Levy Purpose Number of Mills
All Purpose Levy 121.26
City Planning 1.07
Health/Medical Insurance 12.24
Senior Transportation 1.14
Fire Department Capital Equipment 4.57
Fire Department Staffing 13.72
Police Department Staffing 16.01
Parks & Trails GO Bonds 4.95
Bozeman Public Safety Center Bonds 10.82
Fire Station #2 & Recreation GO Bonds 4.93
Grand Total Levied 190.71
90
Memorandum to Bozeman City Commission Agenda Item August 26, 2025:
Resolution Establishing Fiscal Year (FY26) Property Tax Levies and Related Actions
1 | Page
FY26 Property Tax Levies and Related Actions
INTRODUCTION
Each year, the City Commission sets property tax rates, called mill levies, based on
certified property values provided by the Montana Department of Revenue. For fiscal year
2026 (FY26), changes in state law affect how much revenue the City can raise and how mill
levies impact taxpayers.
Tonight’s agenda includes three possible action items to address these changes.
Presenting potential actions together allows the Commission and the public to see the full
financial picture, including budgetary impacts, compliance with state law, and operational
implications.
HOW PROPERTY TAXES ARE CHANGING
• All-purpose mills (General Fund) can only generate revenue up to last year’s
amount plus a limited inflation adjustment1. Starting FY27, this inflation adjustment
will increase, impacting future planning.
• Voted mill levies may be levied at the maximum approved by voters. Bozeman
currently has four voted mill levies that fund Police, Fire (2), and Senior
Transportation.
• Recent state legislation reduces property tax rates for residential, commercial,
and agricultural properties, meaning the median homeowner will pay less in FY26
than FY25, regardless of what the City Commission decides tonight.
• These legislative changes also create budget shortfalls in the General Fund and
other dedicated funds.
SUMMARY FOR CITIZENS
• The median homeowner in Bozeman will pay less in property taxes in FY26 than in
FY25 due to State Legislative changes in the tax rate.
• Tonight, the Commission must balance tax reductions with funding critical services
like Police and Fire.
• Tonight’s decisions will set mill levies, determine budget adjustments, and ensure
compliance with state law.
1 MCA 15-10-420
91
Memorandum to Bozeman City Commission Agenda Item August 26, 2025:
Resolution Establishing Fiscal Year (FY26) Property Tax Levies and Related Actions
2 | Page
CITY COMMISSION ACTION ITEMS
1. FIXED MILL OPTIONS
HB231 provides two options for continuing to levy the City’s fixed voted mills in FY26.
Option 1 – Convert to Dollars
(Recommended)
Option 2 – Reset Mills in FY26
(Alternate Resolution)
Description Convert fixed mills to dollar
amounts based on FY25 values
and adjust for inflation annually
Calculate a mill rate that raises the
same FY25 dollar amount, then
freezes the mill count indefinitely
Benefits Simplifies long-term planning,
ensures compliance with state
law, captures future inflation
adjustments up to 4%
Simpler in short term
Disadvantages Potential to provide lower tax
revenue in years when assessed
value climbs substantially
Inconsistent treatment of mill
levies, likely target for future
legislative changes, less
predictable revenue for long-term
planning
Estimated
FY26 Shortfalls
General Fund: $1.324M
($712,700 Police, $611,500 Fire)
Fire Equipment Fund: $203,700
Senior Transportation: $50,900
Additional $130,300 shortfall for
public safety, $20,400 Fire
equipment, $5,100 Senior
Transportation
Staff Recommended Motion Language: I move to adopt the resolution converting voted
mills to dollars.
Alternate Motion Language: I move to adopt the alternate resolution resetting voted mills
in fiscal year 2026.
92
Memorandum to Bozeman City Commission Agenda Item August 26, 2025:
Resolution Establishing Fiscal Year (FY26) Property Tax Levies and Related Actions
3 | Page
2. GENERAL FUND AND MILL LEVY SIDEBOARDS AND SCENARIOS
All scenarios assume that City Commission has selected to convert mills to dollars in fiscal
year 2026 (Option 1).
SIDEBOARD SCENARIOS
The two scenarios below are provided as sideboards to illustrate the range of potential
outcomes for FY26 mill levy decisions. Scenario A represents the lower revenue sideboard,
requiring the most General Fund budget reductions. Scenario B represents the higher
revenue sideboard, eliminating the General Fund shortfall. Staff’s recommendation falls
within the range of these sideboards.
Sideboard A – Maximum Budget Reductions
• Requires a minimum budget reduction of $1.77 million in the General Fund
• Reductions will focus on holding vacant positions or delaying non-essential
expenses
• No change to the 9.0 mills previously dedicated for 911 services
Sideboard B – Maximum Revenue Increase
• No General Fund shortfall; additional revenue offsets reductions in public safety
staffing
• Repeals the 9-mill 911 reduction, leaving .71 mills unlevied
• Reduces the median homeowner’s property tax by $100.49
COMBINATION APPROACH – STAFF RECOMMENDATION
While there are a number of possible options between Sideboard A and Sideboard B, the
City is recommending a mill levy of 4.5 mills under the maximum authorized levy. This
scenario still involves a repeal of Section 3 of Resolution 3954 but only utilizes half of the
9.0 previously dedicated mills. This option would generate $810,000 less in revenue than
budget. Budget reductions will focus on holding vacant positions or delaying non-essential
expenses.
Staff Recommendation
• General Fund shortfall of $810,000 in FY26
• Uses 4.5 of the 9.0 mills previously dedicated for 911 services
• Reduces the median homeowner’s property tax by $125.68
93
Memorandum to Bozeman City Commission Agenda Item August 26, 2025:
Resolution Establishing Fiscal Year (FY26) Property Tax Levies and Related Actions
4 | Page
SENSITIVITY ANALYSIS AND ADDITIONAL SCENARIOS
A sensitivity analysis in the table below shows the sideboard scenarios highlighted grey,
and the recommended scenario highlighted blue. It also includes a couple other possible
scenarios that utilize some but not all of the 9 mills previously dedicated to 911.
Mills Under Max
Authorized
General Fund
Shortfall
Anticipated
Annual Impact
on Median
Homeowner
All-Purpose Mills
for Resolution
Total Mills for
Resolution
0.71 $- ($100.49) 125.05 194.50
2.25 $329,100 ($110.73) 123.51 192.96
4.50 $810,000 ($125.68) 121.26 190.71
6.75 $1,290,100 ($140.63) 119.01 188.46
9.00 $1,770,500 ($155.59) 116.76 186.21
Staff Recommended Motion Language:
1. 911 Levy Dedication: - I move to approve the resolution repealing Section 3 of
Resolution 3954.
2. Establish Mill Levies: I move to approve the resolution establishing property tax
mill levies for fiscal year 2026.
COMMISSION RESOLUTION 3954 RELATED TO THE 911 EMERGENCY SERVICES LEVY
Section 3 of Resolution 3954 (2006) directed the City to reduce its General Fund mill levy by
9 mills once 911 services were funded outside the General Fund. Repealing this section
would allow the City Commission to be flexible in responding to changes in property tax law
and make intentional decisions about how resources are allocated. In FY26 it could also
generate revenue to help close the $1.77 million General Fund shortfall.
• Legal Context: Montana law does not allow prior Commissions to bind future
Commissions in setting property tax levies or budgets.
• 911 Funding Remains: Repeal does not impact funding for 911 services.
• Fiscal Impact: Continuing the automatic 9-mill reduction results in a significant
shortfall for Police and Fire staffing, potentially affecting public safety service
delivery.
• Why Repeal Could Make Sense: Repealing Section 3 is legally permissible,
helps sustain critical public safety funding, and keeps decision-making
transparent and driven by the sitting City Commission.
The City is never required to levy the maximum number of mills and can decide annually
how many mills remain unlevied.
94
Memorandum
REPORT TO:City Commission
FROM:Tom Rogers, Senior Planner
Chris Saunders, Community Development Manager
Erin George, Community Development Director
SUBJECT:Follow-up Discussion of Unified Development Code Update on Zoning
Districts and Uses and Mass and Scale and Direction to Staff, Application
21381
MEETING DATE:August 26, 2025
AGENDA ITEM TYPE:Community Development - Legislative
RECOMMENDATION:Discuss and determine direction on issues relating to zoning districts and
uses allowed within districts and mass and scale
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 City Commission is reviewing the outcomes of the supplemental
engagement public input on the UDC update and providing direction on the
next iteration of the draft to replace Chapter 38 of the municipal code and
the associated zoning map. Extensive work sessions were held on June 24th
[External Link] (tools for managing bulk, mass and scale of buildings) and July
14th [External Link], (zoning districts and uses). The video recordings of the
meetings, staff memos, and other materials are available through the links
to the meetings.
At both the previous work sessions, the City Commission requested some
additional information be gathered for further consideration. This agenda
item provides that information. The attached memo identifies each item and
the additional information and associated recommendations.
The City Commission will receive a presentation from Community
Development Staff on specific issues, ask questions, receive public comment,
and give direction on possible revisions to the text to be incorporated in an
upcoming revised draft for public review.
The state has replaced the review criteria applicable to Bozeman for the
approval of zoning, as part of the 2023 Montana Land Use Planning Act.
Criteria are established in 76-25-304(2) MCA [external link]:
95
(2) Prior to making a recommendation to the governing body to adopt or
amend a zoning regulation or map, the planning commission [Community
Development Board] shall:
(c) make a preliminary determination as to whether the zoning regulation
and map as proposed or as amended would be in substantial compliance
with the land use plan, including whether the zoning regulation or map:
(i) accommodates the projected needed housing types identified in 76-25-
206;
(ii) contains five or more specific strategies from 76-25-302 to encourage
the development of housing within the jurisdiction;
(iii) reflects allowable uses and densities in areas that may be adequately
served by public safety, emergency, utility, transportation, education, and
any other local facilities or services identified by the local government in 76-
25-207;
(iv) allows sufficient area for existing, new, or expanding commercial,
industrial, and institutional enterprises the local government has identified in
76-25-208 for targeted economic growth in the jurisdiction;
(v) protects and maximizes the potential use of natural resources within the
area, as identified in 76-25-209;
(vi) minimizes or avoids impacts to the natural environment within the
area, as identified in 76-25-209; and
(vii) avoids or minimizes dangers associated with natural hazards in the
jurisdiction, as identified in 76-25-209; and
(d) preliminarily determine whether the proposed zoning regulation, map,
or amendment results in new or increased impacts to or from local facilities,
services, natural resources, natural environment, or natural hazards from
those previously described and analyzed in the assessment conducted for
the land use plan.
These new criteria will need to be considered when the Community
Development Board eventually makes a recommendation and the City
Commission votes on the final UDC text and zoning map later this year.
UNRESOLVED ISSUES:The attached memo identifies individual issues.
ALTERNATIVES:As determined by the City Commission.
FISCAL EFFECTS:No budgeted funds are expended with this discussion.
Attachments:
CC August 19 2025 Mass and Scale Follow-up.pdf
New Housing Construction Application Data_2020-
2025YTD.pdf
BZ_UDC_Average Wall Plate Height_Research.pdf
BZ_UDC_Graduated Building SF Caps_Research.pdf
Tall Buildings Map 7-15-2022 small.pdf
96
Report compiled on: August 12, 2025
97
Report To: City Commission
From: Tom Rogers, Senior Planner
Chris Saunders, Community Development Manager
Erin George, Community Development Director
Subject: Unified Development Code (UDC) Update – Mass and Scale and Uses
Follow-up
Meeting Date: August 19, 2025
General Background
The City completed supplementary public engagement on the draft UDC update in May.
The staff reported to the Commission on the outcomes of that engagement. Several of the
questions in the survey and comments in other engagement opportunities addressed
mass and scale of buildings and how best to manage mass and scale. Other questions
addressed allowed non-residential uses in the RC and RD proposed districts.
The City Commission provided direction to staff about mass and scale matters at their
June 24th meeting [external link] and regarding zoning districts and uses at their July 14th
[external link] meeting. There were several elements where the Commission requested
additional information, which is provided by this memo. Information from other
communities and design professionals informs the material.
Balancing the desire of incremental development and redevelopment with meeting the
needs for housing for existing and relocating individuals, providing for employment, avoiding
or mitigating impacts on the natural environment, meeting recreational needs, providing
adequate transportation systems, and enabling services to meet needs, caries challenges.
The Bozeman Community Plan 2020 (BCP2020) [External Link] includes seven themes
which attempt to strike this balance.
A resilient city
A city of unique neighborhoods
A city bolstered by downtown and complementary districts
A city influenced by our natural environment, parks, and open lands
A city that prioritizes accessibility and mobility choices
A city powered by its creative, innovative, and entrepreneurial economy
A city engaged in regional coordination
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The BCP2020 addresses the fundamental tensions of growth. Chapter One addresses “To
Grow or Not to Grow” and “Does the City Have to Grow.” It also addresses implementation:
“The City must balance many issues in approving urban development. Therefore, it is not
unusual if there is some tension between competing priorities, even if there is no explicit
contradiction of policy.” (p. 73)
Staff solicited input from the local design community on technical details related to
questions or request for additional information from the City Commission at recent work
sessions. A variety of viewpoints were received on each issue. Comment received on these
questions are included in the project public comment folder [External Link] and begins on
August 1, 2025. Related comment has also been received at the many engagement events
and opportunities throughout the project. Written comments throughout the project are
available at the above link and other comment methods are documented in the Engage
Bozeman web site [External Link] under the Presentation and Participation Materials
section. Staff also continued research in these areas. The following items include the
background and question provided to the design community, a summary of the responses,
and staff’s recommendation related to each subject.
Zoning Districts and Uses
A) Special standards for uses within districts (38.320 of the draft) – The Commission
directed staff to make revisions to allow a greater number of non-residential uses from the
RD district to move into the RC district. These are likely to be those in the Personal and
General Service and General Retail categories as shown on pages 3-5 and 3-6 of the
proposed draft. The proposed draft is carrying forward some standards setting location
and dimension requirements unique to these circumstances, see sections 38.320.080 and
090 on pages 3-30 through 3-35.
Q. Please comment on the proposed location and size limitations and their probable
impact for residential scale development of these kinds of local service uses and
offer suggestions that might help the standard limiting location and size not be a bar
on the business success but also fit into a primarily residential area.
A. There were some suggestions to expand the allowed sizes shown in the present
code but did not give suggested upper limits for most uses. Several suggestions are
addressed with existing standards such as setbacks from adjacent properties.
Several suggestions for applicable process requirements to be special use permits
were made. There was general support for the idea of allowing a greater range of
uses in the RC and RD districts.
Staff recommendation – In considering this subject, Staff recommends the reader review
the definitions in 38.800 for each use. Uses are defined broadly and may include more
scope of activity than may be expected.
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Staff suggests increasing the allowed sizes of non-residential uses in the RD and RC
districts. See sections 38.320.080 and 090 on pages 3-30 through 3-35 for current values.
In the absence of significant evidence of existing problems, an increase of 500-1,000 feet
seems reasonable. The RD (R5) district is fairly recent, and the City hasn’t had a lot of
opportunity to see impacts of non-residential uses in that district. However, the RC (R4)
district has had many years with mixed uses with little identified conflict. An example of
this kind of area is along N. 11th across the street from the high school. Sizes of buildings
range from 2,200-5,000+ sq ft. The allowance for these uses will allow free standing
commercial buildings as well as mixed-use buildings. Any allowed uses are subject to the
standards of the zone such as setbacks from property lines, maximum height, lot
coverage, and similar standards that apply to both homes and businesses.
Although this question was specific to the RC and RD districts, comment was also
received on the NEHMU district and suggested increasing allowed sizes there for service
and retail uses. The original NEHMU limitations on service and retail uses have been in
place for many years. The nature of the district has evolved somewhat with fewer industrial
uses still in place. The size limits were a compromise between those who advocated for
more and those who sought to not allow restaurants or retail at all. Experience has shown
that these types of businesses can function in the NEHMU district and public comments
earlier in the UDC process and discussion with the Community Development Board
encouraged expansion of these allowances. Staff does not have a specific
recommendation at this time but does generally support a less restrictive size limit for
general services, retail, and restaurants in NEHMU. Restaurants are currently limited to
1,500 sq. ft. Several public comments have been received throughout the project
suggesting related revisions.
Specific additional uses recommended for inclusion are: General Service, Health &
Exercise, Personal Service, Restaurant, and Retail, less than 40,000 sf (actual size will be
further limited by zone). Public comment about this concept received with the Spring 2025
survey suggested limitations on specific uses such as retail for marijuana or alcohol, and
identified types of businesses respondents might like to see. See the individual responses
to questions 15 and 16 in the UDC Spring Survey Individual Responses [external link] under
the Presentation and Participation Materials, Engagement Reports folder.
Special use permits work best when there can be discrete standards applied to offset
impacts. Establishing project specific conditions can only be done with factual backing
that is both linked to the issue of concern, and which can be demonstrated to be
proportionate to the concern. This factual linkage is often difficult to establish. Staff does
not recommend use of special use permits to regulate the suggested additional uses in the
RC and RD districts.
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The City can establish use and zone-specific standards such as limiting commercial
signage to not include free standing signs or to allow less signage than would be allowed in
a commercial zone. Staff recommends doing so. Specific standards on operations may be
appropriate such as limiting hours open to the public to between 6 am and 10 pm which
matches to elements of the City’s noise ordinance in Article 16.06 [External Link] or to
prohibit drive-through type service options which tend to create greater traffic and noise
from service speakers.
B) Fraternity/Sorority – The Commission requested that staff create for consideration a
Fraternity/Sorority distinction from the group living land use with associated standards to
enable them to operate with limited impact on adjacent properties.
Q. If you have experience with this type of land use, suggestions regarding standards
unique to this use for site and building design are appreciated.
No local design professional offered comments on this question. Staff has provided the
following to the MSU Office of Fraternity & Sorority Life and requested comment. Staff has
discussed the proposal with MSU staff and they are discussing it internally. We hope to
receive feedback prior to the City Commission meeting. For clarity, Staff notes that both the
municipal code and state law provide specific protection for existing uses that enables them
to continue in operation. Therefore, this definition and standards would apply only for new
applications or changes to a site that requires bringing the entire site into compliance.
Staff recommendation - DRAFT DEFINITION AND STANDARDS FOR
FRATERNITY/SORORITY
All code citations are to the proposed draft.
38.800.070 F Definition, add - Fraternity/sorority house: A group living facility
occupied by and maintained exclusively for fraternity or sorority members, their
guests or visitors and affiliated with and acknowledged as a fraternity/sorority
house by an accredited institution of higher learning as defined in 38 U.S. Code
Section 3452; and which operates to provide assembly space for the regular
activities of the fraternity or sorority members.
38.320.040. Use Specific Standards:
New addition to Group Living special standards in 38.320.040.B.6
Fraternity/Sorority
a. Must provide one or more assembly space(s) internal to a building adequate
in size to accommodate not less than three-quarters of the enrolled
members of the fraternity or sorority at the time the use is approved by the
City.
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b. Assembly area occupant loads must be consistent with currently adopted
State of Montana Building Codes. The Building Department can evaluate the
occupancy use and Occupant load on a case-by-case basis.
38.530.040.B.2 (parking) Same as typical group living for residential use but add an
additional 5 parking space requirement for assembly area to provide some parking
for visitors. Alternatively, could require visitor spaces based on a percentage of the
number of parking spaces for approved residents.
Two facilities have submitted for a city permit in the past five years that required floor plans.
Staff was able to compare the facility layouts against the proposed standard. Both are
purpose-built buildings and would comply with the suggested definition and standard.
Delta Gamma House (site plan 20170) - would meet proposed standard, approx. 910
sq. ft. room and 860 and 400 sq. ft. rooms, 95 member per web
Sigma Chi (building permit for remodeling) would meet proposed standard, approx.
920 sq. ft. room and two other rooms >750 sq. ft., 91 members per web
Mass and Scale Tools:
A) Building Height – The Commission directed at their June 24th work session that the draft
be revised to rely on height as measured in feet rather than stories. No direction was given
to make specific changes in the heights of individual districts.
Q. Based on your experience are the heights allowed in the zoning districts of the
Current Code workable, or could better design and more functional outcomes be
achieved with modest adjustments in some districts? If so, how and what?
A. Responses varied from a preference to retain the “stories” based management of
height, possibility to adjust maximum height in upper stories, recommendations to
adjust height up or down in specific districts, and remove minimum height
requirements on ground floors. The diversity of views did not show a consensus
position except that B3 is unique from other districts, in part due to the Downtown
Improvement Plan which recommends an increased height allowance based on
stories.
Staff recommendation – The existing height limits in the current code are in Division 38.320
[External Link]. Residential district height limits are in Table 38.320.030.C, the Residential
Emphasis Mixed Use district (measured in both feet and stories based on uses) is in Table
38.320.040, and for Non-residential districts in Table 38.320.050. All current districts allow
for three functional full stories or more. Staff does not recommend reducing this as it
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would cause some existing structures to become non-conforming which complicates
building maintenance over time, lending secured by the property, and other elements.
To implement the Downtown Improvement Plan but still retain a measured height in feet
rather than stories, a presumed ground floor height of 15 feet plus 13 feet per story above
the ground floor could be used to determine an equivalent to the recommended seven
story height. The HVAC and structural systems for commercial grade construction have
different needs than typical residential smaller scale construction. The state recently
passed a law (SB243) requiring municipal zoning to allow at least a 60 foot height in
“downtown commercial, heavy commercial, or industrial zones”.
B) Wall Plate – The Commission requested additional information regarding wall plate
height standard in limiting impact of taller buildings on adjacent properties. The RA and RB
districts in the proposed draft both show 25 feet. There is interest in understanding how
wall plate may be able to help distinguish between districts. Some comments have been
that 25 feet is too short for RB where three story full floor buildings are expected. Some
visuals showing impacts of the proposed standard on different building designs would be
appreciated. No need to draw new ones, perhaps show existing building designs and how
wall plate would affect those designs if applied.
Q. Given typical building methods and the way wall plate is measured, will 25 feet be a
readily achievable standard in RA?
A. All responses from the design community indicated that 25 feet is achievable in RA.
The 25-foot height will not allow a full three-story uninterrupted wall and so it will
accomplish the purpose of lessening visual impact on adjacent properties but will
also restrict design choices. The current R1 district allows 3 stories, and a 25-foot
wall plate would not allow that without some break in the wall plane. Some
suggested that 25 feet might be reduced. Some comments discussed the
differences in construction types and the impact of how HVAC and other support
functions are provided in influencing floor to floor heights as well as the variability by
use type. Design features such as basements or elevated first floor heights for
ground floor privacy affect the wall height and how much the wall plate standard will
influence design.
Code Studio also provided some review of existing building wall plates. See the
materials attached to the agenda item.
Staff suggestion - Based on design community feedback, the Commission could leave
the RA wall plate as is or reduce it modestly. It is important to keep in mind that
slope on a site can result in the walls on one side of a building being taller than
another side. Most of Bozeman has mild grade differences but not on all lots. The
proposed draft, page 2-110, includes a relief provision to allow some additional wall
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plate height due to various factors including topography. Staff suggests increasing
the allowed percentage of relief if the Commission decides to lower the wall plate
height.
Q. To readily achieve three full floor stories in RB, what adjustments to wall plate height
may be appropriate?
A. The responses from the design community generally supported a wall plate height of
32-34 feet to enable a full three-story building.
Staff suggestion - Staff suggests revising wall plate height in RB in the range of 32-34
feet. This preserves existing opportunities for landowners. There has been a
significant increase in three story buildings, especially townhomes and rowhouses,
over the past five years. This reflects a design of first floor tuck under parking with
two levels of living space above. This design substantially reduces the ground level
floor area, is more land efficient, and reduces the amount of foundation and roof
area on an individual home. Mortgage lending standards have evolved to expect a
standard 9-foot floor to ceiling dimension in all housing types which has also
motivated slightly higher buildings.
There are examples of three-story buildings in many areas of Bozeman, including
our historic districts. Although less common for a variety of reasons they are part of
the design fabric of the community. Staff prepared a map of buildings 3 stories or
greater as part of the initial analysis into the code update. The data displayed on the
map ends in July 2022. Code Studio also provided some review of existing building
wall plates showing a range in RA between 18-22 feet. See the materials attached to
the agenda item.
Graduated Square Foot Cap:
This suggested standard was discussed at the June 24th City Commission work session.
Several questions were identified for further investigation. Staff and consultant have looked
but not identified other communities which have this tool, other than Portland Oregon.
Some communities have somewhat similar tools that allow a greater ability to develop
proportionate to a site but don’t identify cap on unit size directly. Those who have used a
somewhat similar standard have tied it to greater amount of lot coverage or floor area ratio
(a proportion of building floor area to lot area). Most of the jurisdictions reviewed continue
to use lot area minimums, in some case up to 20,000 sq. ft. See attached research summary
for additional details. Bozeman has removed lot area and floor area ratio as minimum
standards in the UDC draft (and with Commission concurrence at June 24thwork session)
but has retained lot coverage.
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Staff has analyzed data from the City’s residential building permit records for the past five
years. For the summarized data, see the housing data attachment to this agenda item. For
single homes, townhomes, and ADUs the figures are for each unit, so the building size and
dwelling size are the same. The greatest proportion of ADUs are free standing buildings. For
duplex through fourplex the building size is divided by the number of units to obtain an
average dwelling size. The data does not show a substantial average dwelling size difference
between single homes and townhomes. Size per dwelling does not materially change with
the smallest and largest average size of dwelling in a four plex only varying 468-567 square
feet from the smallest and largest average size for single homes. Individual unit size analysis
was not supported by the data for 5+ in a single building. Staff has observed an increase in
the number of smaller dwellings being constructed in larger apartment buildings, but the
overall buildings are bigger with many more homes, and the larger apartment buildings are
not allowed in the RA or RB districts.
Based on this data showing a lack of substantial size difference per dwelling and the
differences in regulatory structure in the draft code, staff concludes that a direct translation
of the graduated square foot cap as implemented in Portland would not be a good fit for
Bozeman or accomplish the intended outcome. For example, the RA district already limits
dwelling configurations to a duplex or pair of townhomes. Considering the data on median
home sizes for single homes, townhomes, or duplexes the probable construction will largely
remain consistent with existing patterns of development in the community as a whole.
A maximum building size had been suggested for the RA and RB districts to control mass
and scale. The data shows that the majority of structures will not exceed the maximum
building size in the RA and RB districts even without the standard. Commission previously
suggested that they would be likely to remove the maximum building standard however they
wanted a better understanding of the graduated square footage cap concept. Staff
concludes that the data shows that the maximum building size standard is not needed.
Staff also recognizes both the long-standing occurrence of older larger homes being
renovated to include multiple dwellings and the opportunity to provide additional dwelling
units as a method to financially support preservation of older structures. Therefore, staff
suggests that the RA district include an allowance for 3- and 4-unit buildings when the
additional units greater than two are being created in an existing structure, meeting the
definition of infill (at least 35 years old and other parameters), and limiting expansion of the
existing structure to not exceed more than 25% of gross building area. This is consistent with
Commission direction at the July 14 work session, but with added detail about building age
and size. As suggested, this will provide opportunity for additional circulation like staircases
or other modest modifications to achieve both functionality and additional dwellings. The
draft code requires that at least the same number of homes be restored on-site if a
residential building is demolished, so as not to decrease the number of dwelling units on
any given site.
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Additionally, the City Attorney’s Office has conducted a preliminary evaluation of the
proposal to obtain payment for building sizes in excess of a base square footage cap and is
prepared to provide general guidance during the Commission work session on August 19th.
106
New Housing Construction Applications 2020‐2025 midyear by Building Permit Type
Highest and lowest value in each column (excluding total square feet) is shown in bold and gray background
Single Household Residence
Year RSFR Applications
Min Bldg
SQF
Max Bldg
SQF
Median Bldg
SQF
Average Bldg
SQF
RSFR Livable Bldg
SQF Total
Average
Dwelling SQF
2020 162 1,038 5,168 2,340 2,400 392,489 2,400
2021 155 151 4,972 2,128 2,089 323,327 2,089
2022 128 828 5,815 1,546 1,937 247,991 1,937
2023 95 828 3,850 1,637 1,853 175,995 1,853
2024 88 1,486 4,331 2,112 2,365 205,716 2,365
2025 YTD (as of 6.30.25) 41 1,479 5,387 2,041 2,299 94,246 2,299
Townhomes
Year RTWN Applications Min Bldg
SQF
Max Bldg
SQF
Median Bldg
SQF
Average Bldg
SQF
RSFR Livable Bldg
SQ Total
Average
Dwelling SQF
2020 51 1,478 3,891 1,875 2,558 130,448 2,558
2021 65 720 2,344 1,853 1,916 124,522 1,916
2022 33 1,569 3,741 1,726 2,002 66,058 2,002
2023 24 1,560 6,342 1,710 1,923 46,145 1,923
2024 34 1,247 3,678 1,564 1,668 56,710 1,668
2025 YTD (as of 6.30.25) 8 1,690 3,500 1,827 2,106 16,851 2,106
Accessory Dwelling Unit (ADU)
Year RADU Applications
Min Bldg
SQF
Max Bldg
SQF
Median Bldg
SQF
Average Bldg
SQF
RSFR Livable Bldg
SQ Total
Average
Dwelling SQF
2020 13 423 610 594 549 7,142 549
2021 23 336 736 600 593 13,636 593
2022 28 247 600 576 545 15,258 545
2023 14 392 610 556 556 7,785 556
2024 9 450 778 599 589 5,304 589
2025 YTD (as of 6.30.25) 2 657 968 813 813 1,625 813
Duplex
Year RDUP Applications
Min Bldg
SQF
Max Bldg
SQF
Median Bldg
SQF
Average Bldg
SQF
RSFR Livable Bldg
SQ Total
Average
Dwelling SQF
2020 56 1,890 5,832 3,475 3,295 184,499 1,648
2021 26 2,276 5,158 3,864 3,659 95,135 1,830
2022 13 1,475 4,364 2,893 2,984 38,791 1,492
2023 67 1,382 5,107 2,860 2,860 196,719 1,430
2024 15 2,334 5,701 3,120 3,330 49,951 1,665
2025 YTD (as of 6.30.25) 4 3,138 4,257 3,283 3,490 13,960 1,745
Triplex
Year RTRI Applications
Min Bldg
SQF
Max Bldg
SQF
Median Bldg
SQF
Average Bldg
SQF
RSFR Livable Bldg
SQ Total
Average
Dwelling SQF
2020 13 4026 7269 4726 5,142 66,850 1,714
2021 13 2480 7260 6091 6,037 78,480 2,012
2022 17 2480 6559 5065 4,671 79,407 1,557
2023 4 4833 9273 5640 6,347 25,386 2,116
2024 6 4758 6972 5372 5,511 33,067 1,837
2025 YTD (as of 6.30.25) 2 5898 7799 6849 6,849 13,697 2,283
Fourplex
Year RFOU Applications
Min Bldg
SQF
Max Bldg
SQF
Median Bldg
SQF
Average Bldg
SQF
RSFR Livable Bldg
SQ Total
Average
Dwelling SQF
2020 20 3,906 10,456 6,296 6,448 128,960 1,612
2021 16 4,420 8,122 4,476 5,144 82,307 1,286
2022 20 1,479 12,968 5,125 5,229 104,572 1,307
2023 31 2,864 10,202 6,484 7,728 239,565 1,932
2024 7 6,344 8,446 6,344 6,644 46,510 1,661
2025 YTD (as of 6.30.25) 5 6,945 7,933 7,914 7,718 38,589 1,930
Residential Apartment (5+ Units)
Year RAPT Applications
Min Bldg
SQF
Max Bldg
SQF
Median Bldg
SQF
Average Bldg
SQF
RSFR Livable Bldg
SQ Total
2020 46 7,984 70,000 18,372 20,757 954,819
2021 55 6,600 97,673 20,194 30,243 1,663,347
2022 36 7,542 87,491 33,249 55,822 1,032,707
2023 65 7,002 289,986 13,457 26,428 1,717,834
2024 14 4,740 511,837 30,275 68,245 511,837
2025 YTD (as of 6.30.25) 30 6,500 200,000 23,667 30,304 909,122
107
~29'~22'~20'~23'~21
616 S Grand Ave · 616 S Grand Ave, Boze…Google Maps
Proposed zoning:
Residential Low (R- A)
Proposed zoning:
Residential Low (R- A)
Proposed zoning:
Residential Low (R- A)
Proposed zoning:
Residential Low (R- A)
Proposed zoning:
Residential Low (R- A)
502 S Grand Ave · 502 S Grand Ave, Boze…Google Maps 503 W Cleveland St · 503 W Cleveland St, …Google Maps
436 S Tracy Ave · 436 S Tracy Ave, Bozem…Google Maps 501 S Tracy Ave · 501 S Tracy Ave, Bozem…
Google Maps
616 S Grand Ave,
Bozeman, MT 59715
502 S Grand Ave, Bozeman,
MT 59715
503 W Cleveland St,
Bozeman, MT 59715
436 S Tracy Ave, Bozeman,
MT 59715
501 S Tracy Ave,
Bozeman, MT 59715
Link to map Link to map Link to map Link to map Link to map
108
Proposed zoning:
Residential Low (R- A)
Previous Building (2015)
209 S 8th Ave · 209 S 8th Ave, Bozeman, MT 59715Google Maps
Previous Building (2019)Previous Building (2015)
430 S Tracy Ave · 430 S Tracy Ave, Bozem…Google Maps 316 Lindley Pl · 316 Lindley Pl, Bozeman, …Google Maps
Previous Building (2015)
521 S Black Ave · 521 S Black Ave, Bozem…Google Maps
Previous Building (2015)~20'
1012 S Tracy Ave · 1012 S Tracy Ave, Boz…
Google Maps
The most recent developments at the following addresses are currently not visible on Google Earth.
Additional verification is needed to confirm the wall plate heights
New Development
Proposed zoning:
Residential Low (R- A)
Link to map Link to map Link to map Link to map Link to map Link to map
302 S 6th Ave · 302 S 6th Ave, Bozeman, …
Google Maps
1012 S Tracy Ave,
Bozeman, MT 59715
302 S 6th Ave,
Bozeman, MT 59715
209 S 8th Ave,
Bozeman, MT 59715
430 S Tracy Ave,
Bozeman, MT 59715
316 Lindley Pl,
Bozeman, MT 59715
521 S Black Ave,
Bozeman, MT 59715
109
~20'
Proposed zoning:
Residential Low (R- A)
129 E Alderson St · 129 E Alderson St, Bo…Google Maps
~18'
3150 Summer View Ln · 3150 Summer Vi…Google Maps
Proposed zoning:
Residential Low (R- A)
205 Stone Fly Dr · 205 Stone Fly Dr, Boze…Google Maps
~20'
Proposed zoning:
Residential Medium (R- C)
~20'
3502 Parkway Ave · 3502 Parkway Ave, B…Google Maps
Proposed zoning:
Residential Medium- Low (R- B)
~18'
3163 Spring Ridge Dr · 3163 Spring Ridge…Google Maps
Proposed zoning:
Residential Low (R- A)
129 E Alderson St,
Bozeman, MT 59715
3150 Summer View Ln,
Bozeman, MT 59715
205 Stone Fly Dr,
Bozeman, MT 59718
3502 Parkway Ave,
Bozeman, MT 59718
3163 Spring Ridge Dr,
Bozeman, MT 59715
Link to map Link to map Link to map Link to map Link to map
110
City of Bozeman
Code Studio
Research on graduated building square footage caps and similar strategies
Last updated: July 18, 2025
Summary
1. We didn’t identify any jurisdictions that are employing the exact model outlined in the
square footage cap proposal.
2. However, similar approaches include:
a. Variable maximum lot coverage based on the number of units
b. Increased Floor Area Ratio (FAR) tied to unit count
c. Additional bonuses or allowances for providing more units
Precedent Examples
1. Charlottesville, Virginia
a. Link to development code
b. Examples of these development standards can be found in R-A, RN-A, R-B, and
R-C districts.
i. Relevant form standard: Building coverage
ii. Establishes a maximum building footprint for residential districts.
iii. Allows greater lot coverage as the number of dwelling units on a lot
increases.
1
111
2. Milwaukie, Oregon
a. Link to development code
b. Relevant building standard: Lot Coverage
i. Increased lot coverage for single-detached and missing middle housing
● The maximum lot coverage percentage, as illustrated in Table
19.301.4, can be increased by 10 percentage points for the
development of:
a. New single-detached dwellings and accessory structures
b. Additions to existing single-detached dwellings
c. New middle housing dwelling
d. Additions to middle housing dwellings
● The maximum lot coverage can be increased by 20 percentage
points for duplexes and by 5 percentage points for detached
ADUs.
● This standard specifies that any portion of a structure over 20 feet
in height is subject to the lot coverage limits in Table 19.301.4
a. Additions or new structures under 20 feet in height may
exceed the base lot coverage standards and can qualify for
the additional lot coverage allowances.
b. This is illustrated in the diagram below.
2
112
3. Portland, Oregon
a. Link to development code
b. Relevant building standard: Floor Area Ratio (FAR)
i. Infill Options:
● The base FAR cap is relatively low for single-unit homes, but if a
property includes 2 or more units (e.g., a duplex, triplex, or
fourplex), the FAR limit increases, allowing for a larger total
building envelope.
4. Minneapolis, Minnesota
a. Link to development code
b. The relevant provisions can be found in Chapter 540. Article II
i. Relevant building standard: Floor Area Ratio (FAR)
ii. Built Form Overlays:
● Used to direct the scale of development to align with each district’s
planned pattern by regulating lot size, lot coverage, building
height, FAR, yards, and impervious surfaces
● Buildings located in the Built Form Overlays are subject to
graduated maximum FAR standards based on the number of
dwelling units per building.
● This is highlighted in Table 540-2 Maximum Floor Area Ratio:
a. In the Built Form Overlay District Interior 3, the UN and RM
zoning districts are subject to the following floor area
ratios:
i. Single-family dwellings and state credentialed care
facilities serving 6 or fewer persons: 0.5
ii. Two-family dwellings: 0.6
iii. Three-family dwellings: 0.7
iv. All other uses: 1.4
3
113
5. Washington State
a. Link to Middle Housing Model Ordinance
b. Relevant building standard: Floor Area Ratio (FAR)
i. The state of Washington requires cities with populations over 25,000 to
adopt the Middle Housing Model Ordinance.
ii. FAR standards in the Middle Housing Model Ordinance can be found in
Section 7, page 12.
● The standards in the ordinance are intended to promote middle
housing while ensuring a predictable built form and compatibility
with surrounding neighborhoods.
a. The maximum floor area ratios are graduated to
accommodate additional units on a lot. The standards are
as follows:
4
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Memorandum
REPORT TO:City Commission
FROM:Chris Saunders, Community Development Manager
Erin George, Community Development Director
SUBJECT:Special presentation on process, projections, and other data for the
Bozeman Community Plan Technical Compliance Update, Application 23333
MEETING DATE:August 26, 2025
AGENDA ITEM TYPE:Community Development - Legislative
RECOMMENDATION:Receive information
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 2023 Legislature adopted a new legal framework for land use planning
and regulation that applies to Bozeman and completely replaces the laws
that governed earlier regulations. Bozeman must update and replace its
regulations to comply with the Montana Land Use Planning Act (MLUPA)
[External Link], Title 76, Chapter 25 Montana Code Annotated. Bozeman’s
land use plan and supporting issue plans address how the City of Bozeman
intends to grow, the impacts of development and various ways to mitigate
impacts of additional development.
The Bozeman Community Plan 2020 (BCP) was adopted in November 2020.
It is the City's plan for land use and development. The City of Bozeman
actively manages its infrastructure. Bozeman has been planning for growth
for decades as evidenced by the number and comprehensiveness of adopted
issue plans referenced in each Growth Policy the City has adopted, including
the Bozeman Community Plan 2020. Each plan contains analysis of existing
and future needs. For detailed evaluation of each plan please consult the
appropriate facility plan. Some facilities, such as transportation, address the
demands placed by many thousands of daily commuters and of persons
passing through the community. Others, like stormwater, primarily address
needs by residents. A comparison of individual plans will therefore show
differences in the size of anticipated service populations now and in the
future. Several issue plans have been updated since the adoption of the BCP.
The technical edits to the BCP will update plan references, add new
documents to meet changed data requirements, and refresh information
found throughout the plan.
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This special presentation will address the overall process and schedule for
public awareness, identify some information on population trends, and share
other related information. This is an introduction to the project and no final
work has been completed. Public workshops are scheduled on August 25th
and 27th. Dates, locations, and times are available at the project website
[External Link], https://engage.bozeman.net/community-plan. Documents,
frequently asked questions, drafts of the updated plan, and other materials
will be posted there.
The need to update the Bozeman Community Plan in response to changes in
state law was discussed during the Sept 17, 2024, City Commission meeting
and at various public outreach events during the UDC supplemental public
engagement fall 2024 and spring 2025. The City Commission approved the
public engagement plan for this project on July 15, 2025.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As identified by the City Commission.
FISCAL EFFECTS:Funds for the project have been previously budgeted.
Report compiled on: August 18, 2025
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