HomeMy WebLinkAbout10-28-25 Public Comment - Z. Osman - Re_ Consent F.6_PSA with the Lakota Group for the NCOD Design Guidelines UpdateFrom:Zehra Osman
To:Bozeman Public Comment; Terry Cunningham; Jennifer Madgic; Joey Morrison; Douglas Fischer; Emma Bode;Erin George; Chris Saunders; Rebecca Harbage; Chuck Winn; Greg Sullivan
Subject:[EXTERNAL]Public Comment Re: Consent F.6: Authorize the City Manager to Sign a Professional Services
Agreement with the Lakota Group for the Neighborhood Conservation Overlay District Design (NCOD) GuidelinesUpdate
Date:Sunday, October 26, 2025 2:42:18 PM
Attachments:Current Code and Changes to NCOD.pdfPSA_LakotaGroup_Bozeman_DesignGuidelines_FINAL_SF_Signed.pdf
DIVISION_38.340-NCOD Standards.pdf
DIVISION_6-HPAB.pdf
DIVISION_3-Tax Abatement.pdf
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
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(Please place this public comment in the public record folder for the NCOD Guidelines Update and please
send this to the email addresses of each of the Historic Preservation Advisory Board Members. Thank you.)
Honorable City Mayor, Deputy Mayor, Commission Members, and City Staff:
My public comment is regarding the agenda item Consent F.6: Authorize the City Manager to Sign a
Professional Services Agreement with the Lakota Group for the Neighborhood Conservation Overlay
District Design (NCOD) Guidelines Update.
I’ve divided my comments into two sections, with one addressing the qualifications of the Lakota Group
and the second addressing the Scope of Services itself.
I. Consultant Must Meet the Secretary of the Interior Professional Qualification Standards, and theLakota Group Does Not Have This Expertise
It is imperative that the professionals who are conducting this work meet the Secretary of the Interior’s
Professional Qualification Standards https://www.doi.gov/pam/asset-management/historic-
preservation/PQS, which, importantly, are referenced in Bozeman’s current Municipal Code. We should
at the very least hire a firm that has the appropriate qualifications with at least one historical architect in a
leadership role.
Background: The National Historic Preservation Act (NHPA) Section 112 and the Section 106 regulations,
at §800.2(a)(1), require agencies responsible for protecting historic properties to ensure that all actions
taken by their employees or contractors meet professional standards as determined by the Secretary of the
Interior. They outline the minimum education, experience, and products that together provide an assurance
that the program and project manager, applicant, employee, consultant, or advisor will be able to perform
competently on the job and be respected within the larger historic preservation community.
Therefore, it is strongly recommend that the City deny the award the NCOD Design Guidelines Update to
the consultants named Lakota Group https://www.thelakotagroup.com/about-us/. Instead, a consultant that
actually meets this code should be hired to conduct this important work. Here is why:
1. Upon reviewing their website, none of their staff have a degree in historic preservation, much less
meet the Secretary of the Interior’s Professional Qualification Standards. 2. If the consultant plans to sub-contract the historic preservation/historical architect role, then we
should see who that is and what their qualifications are. 3. Often sub-contracting is overshadowed and dominated by pressures from the prime contractor who
hires them. Therefore, the Scope of Services must guide the work of the contractor to abide by the
code and the intentions and direction of NCOD, which I outline below.4. I have attached various sections of Bozeman’s Municipal Code that call for qualified professionals
when dealing with historic properties (buildings, districts, structures, sites, and objects). 5. Throughout the current city code, it is stated that qualified professionals are required when dealing
with projects concerning the NCOD, including gaining a Certificate of Appropriateness, demolishing
or moving a historic property, the work and number of members of the Historic Preservation
Advisory Board, the Historic Preservation Officer, and for gaining a tax abatement. For example,
under tax abatement, the code states,
“The director of community development must establish by administrative order rules for documentation of
non-historic and historic properties. This documentation must be created by a professional who satisfies
professional qualification standards for History, Archeology or Architectural History, as established by theNational Park Service and published in the Code of Federal Regulations, 36 CFR Part 61."
6. For your convenience, I have attached PDFs of these sections of Bozeman’s Municipal Code and
have highlighted important items.
II. Scope of Services: Do Not Alter the Current Code Via These NCOD Guideline Updates
It is very frustrating to hear any city officials say that the NCOD doesn’t have any teeth. Therefore, it must
be that some City Staff and City Commission members have never been educated in the fact that the code
actually gives a great deal of “teeth” in governing projects within the NCOD - - through the Secretary of
the Interior’s Standards, the Secretary of the Interior’s Professional Qualification Standards. For this
reason, I am strongly recommending that Scope of Services includes that the consultant facilitates a
special work session that presents these standards and shows how that are referenced and cited in our
current City Code. I am attaching my previous comment, which outlines this relationship.
I recommend the following edits to your existing Scope of Services (SOS) because they currently do not
comply with our Bozeman Municipal Code:
1. SOS Section “The consultant will assist with the update using the following objectives:”
“Update and refine the existing design guidelines to reflect contemporary preservation standards and
Bozeman’s evolving community character. “ The code is the code. It says projects within the
NCOD must comply with the latest version of the Secretary of the Interior’s Standards (SOI
STDS), and this wording is not compliant with our current code. Strike misleading wording as
shown.
2. SOS section “Project tasks include:”
“Review existing guidelines, relevant city code, the Local Landmark Project Phase 1 Report, GIS
data, community plans, and other preservation related documents;” Please add:
a FULL presentation of the Secretary of the Interior’s Standards for the Treatment of
Historic Properties, which is absolutely relevant to this project as it is referenced in the City
Code.
the Bendon Adams report on which the city spent tax payer dollars and on which the public
spent countless hours engaging
“Conduct field review and documentation of Bozeman’s historic resources;” Bendon Adams already
did this. It seems we keep avoiding the actual documentation of these resources and keep kicking
the can down the road
“Undertake public engagement with stakeholders, design professionals, property owners, the
Historic Preservation Advisory Board, and other relevant group and advisory boards to gather
feedback during the planning process;” Public engagement must include all of the public, not just
those who currently own them or design professional who would love to make a mark on them.
These are community resources meant to be protected in perpetuity as community assets. Hence
the protections of these assets in the current code.
3. Second to last paragraph: “The Design Guidelines Update will outline standards and guidelines for
historic building rehabilitation and maintenance as well as background descriptions of architectural styles,property types, building forms, materials, and architectural elements significant to Bozeman’s historic
districts and the NCOD. In addition, the update will address new construction and infill, demolition, and
relocation.” Add wording” per the current code, which requires compliance with the latest version of theSecretary of the Interior’s Standards for the Treatment of Historic Properties.”
For your convenience, I’ve enclosed highlighted sections of the proposed Scope of Services.
Respectfully,
Zehra Osman
59718
Attachements:
From:Zehra Osman zosman534@gmail.com
Subject:FOR Community Development Board: Current Code Does Not Allow Upzoning
Date:October 19, 2025 at 11:29 PM
To:Bozeman Public Comment comments@bozeman.net
Cc:egeorge@bozeman.net,Jennifer Madgic jmadgic@bozeman.net
(Please insure that each community development board member receives this public comment
well before tomorrow's board meeting so that they may have an opportunity to understand
public feedback. Their emails are not provided on the City directory)
Chairman Happle, Commissioner Madgic, Director George, and members of the Community
Development Board,
My public comment below is separated into five parts. I begin with my recommendations
regarding upzoning (for your convenience). This is followed by references that support my
recommendation — specifically those sections of Bozeman’s Current Municipal Code that
references 36 CFR Part 68, Secretary of the Interior’s Standards for the Treatment of Historic
Properties. I urge you to read my list of these standards below, which also include links to to the
standards.
I. Strong Recommendations Against Upzoning
II strongly recommend that the proposed R-A zoning district remain at a duplex by right, and
allow the Existing Building Alternative to stand as currently described in the draft.
Do NOT upzone R-A to 4 units by right. With no minimum lot size, and new ADU allowances,
plenty of gentle infill can occur in R-A while maintaining the character of existing neighborhoods.
The Existing Building Alternative is an elegant compromise created with the neighborhoods,
residents, staff and commissioners. Let it stand.
Do NOT upzone R-B to allow 12 units. The community time and time again has shown up
asking for NO UPZONING! Increasing development entitlement increases property taxes,
incentivises demolition and redevelopment resulting in gentrification and a loss of economic
diversity in core neighborhoods. The 3 story, 12 unit, single stair structures architects and
developers are lobbying for can be built in proposed R-C and above. R-B at 8 units does allow
for Missing Middle Housing.
Please continue to honor the neighborhood-led rezoning proposals for the Bon Ton and
Centennial neighborhoods to become R-A as currently shown in the Draft UDC. These
residents have spent countless hours organizing, educating, and drafting professional proposals
at the invitation of Director George. Montana Code makes ample provision for nonconforming
structures to continue current use and conduct maintenance. These neighborhoods are part of
our cultural heritage and history and the current residents are stewards of these community
assets. Please respect their desire to carry out those stewardship responsibilities by conserving
these areas for future generations with the requested R-A zoning, and the Existing Building
Alternative currently in the draft UDC.
II. Here’s What Bozeman’s Municipal Code Says About Upzoning Within the NCOD:
By referencing the Secretary of the Interior's Standards for the Treatment of Historic Properties,
Bozeman's current Municipal Code has specific standards that restrict upzoning within the
NCOD.
Municode Library
library.municode.com
"Sec. 38.340.050. - Standards for certificates of appropriateness.
A. All work performed in completion of an approved certificate of appropriateness must
be in conformance with the most recent edition of the Secretary of the Interior's
Standards for the Treatment of Historic Properties with Guidelines for Preserving,
Rehabilitating, Restoring and Reconstructing Historic Buildings, published by U.S.
Department of the Interior, National Park Service, Cultural Resource Stewardship and
Partnerships, Heritage Preservation Services, Washington, D.C. …"
Since this calls for the MOST RECENT edition of the Secretary of the Interior’s Standards
for the Treatment of Historic Properties (SOI STDS), I present the 2017 edition below.
III. 36 CFR Part 68. Secretary of the Interior’s Standards for the Treatment of Historic
Properties (SOI STDS):
During a presentation on April 1, 2025, city staff made an incorrect comment that the Secretary
of the Interior Standards for the Treatment of Historic Properties (SOI STDS) was intended to
address only alterations to existing historic buildings and that they did not apply to new
construction. This is incorrect. I would like to present some important links that support the fact
that:
The city municipal code references and applies not only the standards within the SOI
STDS , it also applies the SOI STD guidelines
The SOI STDS absolutely apply to all historic property types, including buildings,
structures, objects, districts, and sites.
The SOI STDS address the the property and its environment, which includes the building
site, setting (district/neighborhood).
Within the SOI STDS: “Setting (District/Neighborhood): The setting is the larger area or
environment in which a historic building is located. It may be an urban, suburban, or rural
neighborhood or a natural landscape in which buildings have been constructed. The
relationship of buildings to each other, setbacks, fence patterns, views, driveways and
walkways, and street trees and other landscaping together establish the character of a
district or neighborhood.” https://www.nps.gov/orgs/1739/upload/treatment-guidelines-
2017-part1-preservation-rehabilitation.pdf
Here’s what the SOI STDS says about new construction and how the SOI STDS applies to all 5
property types including buildings, structures, sites, districts, and objects:
“the revised standards may be applied to all historic resource types, including
buildings, sites, landscapes, structures, objects and districts.”
https://www.govinfo.gov/content/pkg/FR-1995-07-12/pdf/95-16953.pdf
Regarding Rehabilitation Standard #9: “New additions, exterior alterations or
related new construction will not destroy historic materials, features and spatial
relationships that characterize the property. The new work will be differentiated
from the old and will be compatible with the historic materials, features, size, scale
and proportion, and massing to protect the integrity of the property and its
environment. https://www.govinfo.gov/content/pkg/FR-1995-07-12/pdf/95-
16953.pdf
“It is possible to add new construction within the boundaries of historic properties if
site conditions allow and if the design, density, and placement of the new
site conditions allow and if the design, density, and placement of the new
construction respect the overall character of the site. According to the Secretary of
the Interior’s Standards for Rehabilitation – Standard 9 in particular – and the
Guidelines for Rehabilitating Historic Buildings, new construction needs to be built
in a manner that protects the integrity of the historic building(s) and the property’s
setting.” https://www.nps.gov/subjects/taxincentives/new-construction-in-historic-
properties.htm
"The Secretary of the Interior’s Standards for the Treatment of Historic Properties
apply to all grants-in-aid projects assisted through the Historic Preservation Fund
(authorized by the NHPA) and are intended to be applied to a wide variety of
resource types, including buildings, sites, structures, objects, and districts.”
https://www.nps.gov/orgs/1739/upload/treatment-guidelines-2017-part1-
preservation-rehabilitation.pdf
“The section on exterior additions to historic buildings in the Rehabilitation
Guidelines has been broadened also to address related new construction on a
building site.” https://www.nps.gov/orgs/1739/upload/treatment-guidelines-2017-
part1-preservation-rehabilitation.pdf
Within the SOI STDS: “Setting (District/Neighborhood): The setting is the larger
area or environment in which a historic building is located. It may be an urban,
suburban, or rural neighborhood or a natural landscape in which buildings have
been constructed. The relationship of buildings to each other, setbacks, fence
patterns, views, driveways and walkways, and street trees and other landscaping
together establish the character of a district or neighborhood.”
https://www.nps.gov/orgs/1739/upload/treatment-guidelines-2017-part1-
preservation-rehabilitation.pdf
Please note in the above item that street trees and other landscaping are part of
the character of a district or neighborhood.
IV. The NCOD contains many historic properties that have been listed or determined
eligible for listing on the National Register of Historic Places.
https://bozeman.maps.arcgis.com/apps/webappviewer/index.html?
id=e23fc824ee954e819268e744447d00bb
Therefore, those properties (buildings, structures, historic districts, sites, and objects) that have
been determined eligible for the National Register of Historic Places (most have), are required
to be treated as if they are already listed on the National Register of Historic Places. Due to the
nature of neighborhoods, many individual buildings determined eligible for listing in the National
Register of Historic Places exist alongside other historic buildings that have also been
determined eligible. Therefore, this ensemble of historic residences on a city block would be
considered historic districts, which are defined as a geographically defined area—urban or rural
—that contains a concentration of historic properties.
The setting/environment of a historic property is an important part of its character.
“new construction so that it does not negatively impact the historic character of the
building or its site.” https://www.nps.gov/orgs/1739/upload/treatment-guidelines-
2017-part1-preservation-rehabilitation.pdf
If there is a potential historic district around these properties, who (City, Project
Proponent, or residents) has to first evaluate the property’s NR eligibility before
determining the effect the project will have and issuing a certificate of
appropriateness?
It is an undue burden to require residents to spend their own resources to
evaluate a property’s NR Eligibility when it’s the developer/project proponent
who is proposing and benefitting from the project.
If there isn’t anything in the Code that requires identification of historic
If there isn’t anything in the Code that requires identification of historic
properties affected by the project, please include this as park of the updated
UCD (with funding from the developer or from the City).
V. QUALIFICATIONS OF THE HISTORIC PRESERVATION OFFICER: Please note that the
above information must be applied and interpreted by a City Staff member who must have
certain qualifications. The Bozeman Municipal Code (Code) also states that Qualifications of the
Historic Preservation Officer:
Municode Library
library.municode.com
"B. The preservation officer shall satisfy the Secretary of the Interior's Professional Qualification
Standards.”
D. Secretary of the Interior’s Professional Qualification Standards:
Since the Code references these standards, here is what they say about historic architecture:
https://www.nps.gov/articles/sec-standards-prof-quals.htm
"Historic Architecture
The minimum professional qualifications in historic architecture area professional degree in
architecture or a State license to practice architecture, plus one of the following:
1. At least one year of graduate study in architectural preservation, American
architectural history, preservation planning, or closely related field; or
2. At least one year of full-time professional experience on historic preservation projects.
Such study or experience shall include detailed investigations of historic structures,
preparation of historic structures research reports, and preparation of plans and
specifications for preservation projects."
Therefore, a Historic Preservation Officer who meets these qualifications should be the one who
interprets and applies these standards. If they do not, then the City is not complying with code.
Members of Citizen Advisory Boards, city planners, and city staff who do not meet these
standards do not have the qualifications to be able to interpret and apply the SOI STDS.
In conclusion, as you can see by the information presented above, the current Bozeman
Municipal Code and its reliance on the SOI STDS requires compatibility and therefore proposed
changes to the UDC and any proposed upzoning within the NCOD must comply with that code
as shown above. Additionally, proposed alterations within the NCOD must be interpreted and
applied by a historic preservation officer who meets the referenced qualification, as required by
Bozeman’s Municipal Code.
Thank you,
Zehra Osman
59718
PART II - CODE OF ORDINANCES
Chapter 38 - UNIFIED DEVELOPMENT CODE
ARTICLE 3. - ZONING DISTRICTS AND LAND USES
DIVISION 38.340. OVERLAY DISTRICT STANDARDS
Bozeman, Montana, Code of Ordinances Created: 2025-08-29 08:01:25 [EST]
(Supp. No. 15, Update 1)
Page 1 of 9
DIVISION 38.340. OVERLAY DISTRICT STANDARDS
Part 1. Neighborhood Conservation Overlay District and Historic Preservation
Sec. 38.340.010. Intent and purpose.
A. All new construction, alterations to existing structures, movement of structures into or out of the
neighborhood conservation overlay district, hereinafter referred to as the conservation district, or
demolition of structures by any means or process will be subject to design review unless specifically
exempted. The recommendations of the design review board or administrative design review staff must be
given careful consideration in the final action of the review authority.
B. Sections 38.340.010 through 38.340.130 define and set forth standards which apply to the conservation
district.
C. The intent and purpose of the conservation district designation is to stimulate the restoration and
rehabilitation of structures, and all other elements contributing to the character and fabric of established
residential neighborhoods and commercial or industrial areas. New construction will be invited and
encouraged provided primary emphasis is given to the preservation of existing buildings and further
provided the design of such new space enhances and contributes to the aesthetic character and function of
the property and the surrounding neighborhood or area. Contemporary design will be encouraged, provided
it is in keeping with the above-stated criteria, as an acknowledged fact of the continuing developmental
pattern of a dynamic, changing community.
D. In view of the fact that most of the area included within the boundaries of the conservation district was
developed and built out prior to the adoption of zoning and contemporary subdivision regulations, the
construction, development pattern and range of uses is highly diverse and may not be in compliance with
conventional regulatory requirements. This part 1 recognizes that this diversity is a contributing element of
the historic character of these neighborhoods or areas. The provisions of this part 1 must be applied in a
manner that will encourage the protection and enhancement of the many diverse features for future
generations.
E. The conservation district boundary is largely coterminous with the area surveyed in the effort that led to the
listing of nine historic districts and 40 additional landmark structures in the National Register of Historic
Places, and includes the nine designated historic districts and 40 individual landmarks. The district boundary
may be revised as additional cultural resource survey work is completed. This part 1 sets forth the means of
protecting and enhancing the conservation district.
F. It is further the purpose of the conservation district designation to protect and enhance neighborhoods or
areas of significant land planning or architectural character, historic landmarks or other built or natural
features for the educational, cultural, economic benefit or enjoyment of citizens of the city. It will be the
policy and responsibility of the administrative entities of this part 1 to:
1. Protect, preserve, enhance and regulate historically significant structures, archaeological or cultural
sites, and areas that:
a. Are reminders of past eras, events or persons important in local, state or national history;
Created: 2025-08-29 08:01:25 [EST]
(Supp. No. 15, Update 1)
Page 2 of 9
b. Provide significant examples of land planning or architectural styles, or are landmarks in the
history of land planning and architecture;
c. Are unique or irreplaceable assets to the city and its neighborhoods;
d. Provide examples of physical surroundings in which past generations lived; or
e. Represent and express the unique characteristics of small agricultural-based, western city
developmental patterns;
2. Enhance property values through the stabilization of neighborhoods and areas of the city, increase
economic and financial benefits to the city and its inhabitants, and promote tourist trade and interests;
3. Develop and maintain the appropriate environment for buildings, structures, sites and areas that
reflect varied planning and architectural styles and distinguished phases of the city's history and
prehistory;
4. Stimulate an enhancement of human life by developing educational and cultural dimensions, which
foster the knowledge of the city's heritage, and cultivate civic pride in the accomplishments of the past;
and
5. Seek to maintain and enhance the many private and public elements that are unique to the fabric,
theme and character of each neighborhood and area, including, but not limited to: lighting, pathways,
street trees, natural areas and other features that may, from time to time, be identified by the citizens
and property owners' of neighborhoods, areas and subsections thereof.
G. It is further the purpose of this article to protect historic structures and sites as defined in article 7 of this
chapter by requiring any person seeking to demolish or move a historic structure or site to comply with
section 38.230.080 whether or not the structure is located within the NCOD.
Sec. 38.340.020. Design review board and administrative design review staff powers and
duties within conservation districts.
A. The DRB and administrative design review staff will review and make recommendations to the review
authority regarding development within the neighborhood conservation district in order to maintain the
underlying and desirable characteristics of structures and areas within such districts, while recognizing the
need for innovation and individual expression in the development of these districts.
B. In carrying out this mission, in addition to the duties established in division 38.200 of this chapter, the design
review board and administrative design review staff must review any tax abatement or other incentive
programs being considered by the city commission that are designed to stimulate preservation and
rehabilitation of structures and properties, and to review any proposed action or development utilizing these
abatement or incentive programs.
Sec. 38.340.030. Conservation district designation or recession.
A site, structure, object, area or district may be designated or rescinded as a landmark, or added to or
removed from the conservation district by the city commission upon recommendation of the Historic Preservation
Advisory Board subject to the provisions of division 6, Historic Preservation Advisory Board of article 5, chapter 2,
and division 38.260, Text and Map Amendments, of this chapter. Property owner concurrence is necessary for the
designation or revision of landmark status.
Created: 2025-08-29 08:01:25 [EST]
(Supp. No. 15, Update 1)
Page 3 of 9
Sec. 38.340.040. Certificate of appropriateness.
A. A certificate of appropriateness is required before any and all alteration(s) other than those specifically
exempted in subsection 1 of this section, or repair(s) as defined in section 38.700.160, are undertaken upon
any structure in the conservation district. The review authority for certificates of appropriateness is
established in division 38.200.010 of this chapter. Compliance with the terms of the final decision is required.
The Montana Historical and Architectural Inventory Form must be reviewed and, if necessary, updated to
reflect current conditions on the site, prior to the review of the proposal. Application procedures are as
follows:
1. No building, demolition, sign or moving permit may be issued within the conservation district until a
certificate of appropriateness has been issued by the appropriate review authority, and until final
action on the proposal has been taken.
a. Limited exceptions. The following construction located within the neighborhood conservation
overlay district, within an established historic district, or at a site which is individually listed on
the National Register of Historic Preservation, does not require a certificate of appropriateness if
the project satisfies the following standards:
(1) Fences meeting all other provisions of this chapter (e.g. height limitations, street vision
triangle, finished side out, etc. per section 38.350.060) which are built of wood, wrought-
iron, or any other non-synthetic material and whose construction allows "transparency" as
set forth in Chapter 3, Section F of the design guidelines referenced in section
38.340.050.D. Chain link fencing is not included in this exception.
(2) Basement egress windows whose window material and configuration is present elsewhere
in the structure, and whose window wells are not on the front or corner-side setback
elevation of the structure, and which do not establish or provide egress from an illegal
dwelling unit.
(3) Accessory structures under 120 square feet as measured from the outer edge of the
exterior walls, which meet the setback requirements, are not more than 14 feet to their
highest point and which do not require a building permit.
(4) Alterations in roofing material, if installing wood shingle, slate, tile, or asphalt shingle
material, and no changes are made to the roof shape, pitch or slope.
(5) Photovoltaic panels which are flush mounted to a roof.
2. Application, review and public notice procedures for proposals located within the conservation district
are set forth in division 38.230, Plan Review, and division 38.220, Applications and Noticing, of this
chapter. If demolition or movement of structures or sites subject to the conservation district
requirements is proposed, the procedures in section 38.340.080 apply.
(Ord. No. 2014, § 4, 6-3-2019; Ord. No. 2105, § 7, 9-27-2022; Ord. No. 2124, § 22, 10-18-2022)
Sec. 38.340.050. Standards for certificates of appropriateness.
A. All work performed in completion of an approved certificate of appropriateness must be in conformance
with the most recent edition of the Secretary of the Interior's Standards for the Treatment of Historic
Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings,
published by U.S. Department of the Interior, National Park Service, Cultural Resource Stewardship and
Partnerships, Heritage Preservation Services, Washington, D.C. (available for review at the community
development department).
Created: 2025-08-29 08:01:25 [EST]
(Supp. No. 15, Update 1)
Page 4 of 9
B. Architectural appearance design guidelines used to consider the appropriateness and compatibility of
proposed alterations with original design features of subject structures or properties, and with neighboring
structures and properties, must focus upon the following:
1. Height;
2. Proportions of doors and windows;
3. Relationship of building masses and spaces;
4. Roof shape;
5. Scale;
6. Directional expression, with regard to the dominant horizontal or vertical expression of surrounding
structures;
7. Architectural details;
8. Concealment of non-period appurtenances, such as mechanical equipment; and
9. Materials and color schemes (any requirements or conditions imposed regarding color schemes must
be limited to the prevention of nuisances upon abutting properties and prevention of degradation of
features on the property in question. Color schemes may be considered as primary design elements if a
deviation from the underlying zoning is requested).
C. Contemporary, non-period and innovative design of new structures and additions to existing structures is
encouraged when such new construction or additions do not destroy significant historical, cultural or
architectural structures or their components and when such design is compatible with the foregoing
elements of the structure and surrounding structures.
D. When applying the standards of subsections A through C of this section, the review authority must be guided
by the design guidelines for the neighborhood conservation overlay district. Application of the design
guidelines may vary by property as explained in the introduction to the design guidelines. When reviewing a
contemporary, non-period, or innovative design for new structures or additions to existing structures, the
review authority must be guided by the design guidelines for the neighborhood conservation overlay district
to determine whether the proposal is compatible with any existing or surrounding structures.
E. Conformance with other applicable development standards of this chapter. Development in the NCOD must
comply with all other applicable development standards of this chapter.
F. Tax abatement certificate of appropriateness applications are also reviewed with the procedures and
standards established in chapter 2, article 6, division 2.
Sec. 38.340.060. Application requirements for certificates of appropriateness in conservation
districts.
Applications for certificates of appropriateness must be made in conjunction with applications for site plan
approval in accordance with division 38.230 of this chapter. Where development projects in the conservation
district require only sketch plan review per division 38.230 of this chapter (i.e., single-household, two-household,
three-household and four-household residential structures, each on individual lots; signs; fences; property
alterations; and certain amendments to site plans), applications for certificates of appropriateness must be made
on a form provided by the community development department, and must include the information and material
set forth in division 38.220 of this chapter.
Created: 2025-08-29 08:01:25 [EST]
(Supp. No. 15, Update 1)
Page 5 of 9
Sec. 38.340.070. Deviations from underlying zoning requirements.
A. Because the development of much of historic Bozeman preceded zoning, subdivision and construction
regulations, some buildings within the conservation district do not conform to contemporary zoning
standards. In order to encourage restoration, rehabilitation and appropriate new construction activity that
would contribute to the overall historic character of the community, deviations from underlying zoning
requirements may be granted as described in division 38.250 of this chapter. The criteria for granting
deviations from the underlying zoning requirements are:
1. Modifications must be more historically appropriate for the building and site in question and the
adjacent properties, as determined by the standards in section 38.340.050, than would be achieved
under a literal enforcement of this chapter;
2. Modifications will have minimal adverse effects on abutting properties or the permitted uses thereof;
and
3. Modifications must assure the protection of the public health, safety and general welfare. Approvals
may be conditioned to assure such protection, and such conditions may include a time period within
which alterations will be completed; landscaping and maintenance thereof; architectural, site plan and
landscape design modifications, or any other conditions in conformity with the intent and purpose set
forth in this part 1.
(Ord. No. 1994, § 2, 3-31-2018)
Sec. 38.340.080. Review of demolition or movement of historic structures or sites.
A. The demolition or movement of any structure or site must be subject to the provisions of this article. This
process applies to:
1. Historic properties and sites, as defined in article 7 of this chapter.
2. Non-historic properties per section 38.340.100.
3. Unsafe structures whether historic or non-historic per section 38.340.110. The provisions for unsafe
structures take priority over other provisions for demolition.
B. An application to move or demolish a structure subject to this article must follow the applicable review
procedures.
C. Optional provisional review of demolition. A property owner may request provisional review of the proposed
demolition of a structure subject to this article prior to submittal of a certificate of appropriateness
application for seeking demolition of the structure. The director of community development may establish
criteria for the application for provisional review of demolition. Provisional review is advisory only and does
not constitute approval to demolish a structure. Provisional review must consider:
1. The property's historic significance and a neighborhood's historical significance.
2. Whether the structure has no viable economic life remaining. "No viable economic life remaining"
means the costs of repair and/or rehabilitation to bring the structure to a habitable condition as
established by the applicable technical codes in article 10.02, exceed the costs of demolition and
redevelopment to minimum standards with a building of the same type and scale.
(Ord. No. 1994, § 3, 3-31-2018)
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Sec. 38.340.090. Demolition or movement of a historic structure or site.
A. Certificate of appropriateness (COA) for demolition and subsequent development. Approval of the proposed
subsequent development is required for all historic structures proposed for demolition and for the proposed
movement of any structure or site.
B. Public notice. Proposals for demolition of historic properties within the city limits require public notice.
Notice of application(s) must be provided in accordance with division 38.220 of this chapter.
C. Criteria. The review authority must consider the following factors in evaluating applications for demolition or
movement of a historic structure or site and subsequent redevelopment:
1. The property's historic significance.
2. Whether the structure has no viable economic life remaining. "No viable economic life remaining"
means the costs of repair and/or rehabilitation to bring the structure to a habitable condition as
established by the applicable technical codes in article 10.02, exceed the costs of demolition and
redevelopment to minimum standards with a building of the same type and scale.
3. Whether the subsequent development complies with section 38.340.050.
4. Whether the subsequent development includes construction of new building(s) unless the existing
character of the area does not include buildings.
5. Subsequent development requires a building permit and does not include proposals which leave the
site without building(s) or structure(s).
Notwithstanding the above, for projects proposing the removal of a historic structure, which do not qualify for
sketch plan review pursuant to section 38.230.070, the review authority may determine the proposed subsequent
site development is more appropriate for the site based on the criteria in section 38.230.100.
D. Review process.
1. Upon application for a COA for demolition and subsequent development the review authority may:
a. Grant preliminary or final approval of the demolition with standard contingencies and/or project
specific conditions.
b. Deny the COA application.
2. COA approval.
a. Preliminary COA approval. After preliminary approval with contingencies or conditions requiring
follow up work, the applicant may apply for final COA approval and must demonstrate
compliance with development standards and completion of contingencies and conditions,
including documentation. The review authority must approve the COA for demolition and
subsequent development.
b. Final COA approval. If the submitted application materials demonstrate compliance with
development standards and completion of contingencies and conditions, including
documentation, the review authority must approve the COA for demolition and subsequent
development.
3. If an application for demolition or moving is denied due to failure to meet section 38.340.090.C
issuance of a demolition or moving permit must be stayed for a period of two years from the date of
the denial in order to allow the applicant and city to explore alternatives to the demolition or move,
including, but not limited to, the use of tax credits or adaptive reuse. The two-year stay may be
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terminated at any point in time if an alternate proposal is approved or if sufficient additional evidence
is presented to otherwise satisfy the requirements of this section.
a. Early termination of two-year stay. An owner of property subject to a stay under this section may
seek early termination of the stay if the owner demonstrates s/he has actively and in good faith
sought alternatives to demolition. These alternatives may include but are not limited to: listing
the property for sale as a historic property; actively seeking input from neighborhood groups and
interested parties; exploring alternative funding sources for stabilization and/or reconstruction;
and offering the property for relocation.
b. If, upon expiration of the two-year stay of demolition, no alternate proposals have been
approved or sufficient evidence has not been presented to otherwise terminate the stay, an
application for a demolition permit may be presented to the city pursuant to chapter 10, article 3
or 4 of this Code. If all requirements of the demolition permit are satisfied, including
documentation of the structure to be moved or demolished and the review authority has
approved the subsequent development and has issued a building permit for the subsequent
development, a demolition permit pursuant to chapter 10, article 3 or 4 must be granted and no
other proceedings under this chapter are required.
c. The two-year stay does not begin to run if denial of a COA to demolish a historic structure or site
is based on the failure of the applicant to make a complete and adequate submittal or to propose
a subsequent treatment which complies with the standards of this chapter.
4. Standard requirements.
a. Subsequent development of the site must receive zoning approval, building permit approval, and
pay all related fees prior to issuance of a demolition permit.
b. Documentation of the structure must be completed and submitted to the historic preservation
officer and deemed complete and adequate prior to issuance of a demolition permit per
paragraph section 38.340.120.
c. The review authority may require a developer to enter into a development agreement with the
city at the time of issuance of a certificate of appropriateness authorizing demolition of all or part
of a historic structure in the neighborhood conservation overlay zoning district or in a designated
historic district. The development agreement may provide for conditions of demolition, timing of
reconstruction, and may require the developer to post a surety bond naming the city as a
beneficiary for not more than ten percent of the costs of the overall reconstruction budget as a
guarantee that construction of the replacement structure will commence promptly upon
completion of the demolition. This requirement is in addition to any other requirement of this
code.
Sec. 38.340.100. Demolition or movement of a non-historic structure or site in the NCOD.
A. Certificate of appropriateness (COA) for demolition and subsequent development. Required for all properties
proposed for demolition or movement of any structure or site. Subsequent development does not include
proposals which leave the site without building(s) or structure(s).
B. Public notice. Notice must be provided in accordance with division 38.220 of this chapter.
C. Criteria.
1. The applicable criteria are the COA criteria of section 38.340.050.
2. The subsequent development must include construction of new building(s) unless the immediately
prior character of the area did not include buildings.
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D. Review process.
1. Upon application for a COA for demolition and subsequent development the review authority may:
a. Grant preliminary or final approval of the demolition with standard contingencies and/or project
specific conditions.
b. Deny the COA application.
2. COA approval.
a. Preliminary COA approval. After preliminary approval with contingencies or conditions requiring
follow up work, the applicant may apply for final COA approval and must demonstrate
compliance with development standards and completion of contingencies and conditions,
including documentation. The review authority must approve the COA for demolition and
subsequent development.
b. Final COA approval. If the submitted application materials demonstrate compliance with
development standards and completion of contingencies and conditions, including
documentation, the review authority must approve the COA for demolition and subsequent
development.
3. Standard requirement. Subsequent treatment of the site must receive zoning approval prior to
issuance of a demolition permit. Subsequent treatment may include replacement with a new building,
integration of the area into a larger site which will support future development, or reclamation of the
site to a safe, graded condition where storm-water runoff and weeds are controlled and landscaping is
reestablished.
Sec. 38.340.110. Demolition or movement of an unsafe structure whether historic or non-
historic.
A. Certificate of appropriateness (COA) for demolition and subsequent development. Upon application and the
chief building official's determination that the property is unsafe, the review authority may approve
demolition and subsequent development. Subsequent development for an unsafe structure may be its
replacement with a new building, integration of the area into a larger site which will support future
development, or reclamation of the site to a safe, graded condition where storm-water runoff and weeds are
controlled.
B. Public notice. Notice must be provided in accordance with division 38.220 of this chapter.
C. The demolition of unsafe properties/structures may be subject to the public nuisance abatement provisions
of chapter 16, article 2 of this code. Upon the chief building official's determination that the property is
unsafe and declaration of a public nuisance if the property owner does not resolve the unsafe condition, the
review authority must give final approval on a COA, which may be initiated by the city, and the demolition
permit will be issued so the city may abate a nuisance.
D. The provisions of this section may be initiated by a land owner; or by the city in accordance with article
16.02.
Sec. 38.340.120. Documentation and administrative procedures.
A. Documentation. All structures or sites approved for demolition or moving must be fully documented.
1. The director of community development must establish by administrative order rules for
documentation of non-historic and historic properties. This documentation must be created by a
professional who satisfies professional qualification standards for History, Archeology or Architectural
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History, as established by the National Park Service and published in the Code of Federal Regulations,
36 CFR Part 61.
2. Documentation may be submitted as early in the process as the property owner desires to support the
requested action, and to further the consideration and review of the request, but not later than prior
to issuance of a building permit.
B. A building permit application, in accordance with applicable codes and requirements, must be submitted and
approved before any demolition or construction is allowed.
C. All fees and charges applicable to review of the request for demolition and construction of the subsequent
development (e.g. parkland, water rights, impact fees) must be paid prior to issuance of a building or
demolition permit.
1. When required by the city, this must include a financial security in a form approved by the city attorney
ensuring completion of the demolition and reclamation of the site to a safe condition.
D. In addition to the remedies in division 38.200 of this chapter, the owner of any structure or site that is
demolished or moved contrary to the provisions of this section, and any contractor performing such work,
may be required to reconstruct such structure or site in a design and manner identical to its condition prior
to such illegal demolition or move, and in conformance with all applicable codes and regulations.
Sec. 38.340.130. Safe condition and good repair.
Each property or structure located in the conservation district must be maintained in safe condition and
good repair as required in sections 16.02.030 and 16.02.040. Nothing in this division 38.340 must be construed to
prevent normal maintenance and repair of any exterior feature of any historic structure which does not involve a
building permit. Interior arrangements or alterations to the interior of a building must not be subject to this
requirement.
PART II - CODE OF ORDINANCES
Chapter 2 - ADMINISTRATION
ARTICLE 6. - FINANCE
DIVISION 3. TAX ABATEMENT
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DIVISION 3. TAX ABATEMENT
Sec. 2.06.350. Intent.
The intent and purpose of the tax abatement certificate of appropriateness is to encourage the appropriate
rehabilitation, restoration, and preservation of historic properties which otherwise would not have been so
carefully preserved. It is recognized that a grant of tax abatement is a discretionary act by the city commission. Tax
abatement is to reward extraordinary efforts in preservation and not minimal compliance with mandatory
standards.
(Ord. No. 1744, § 1(3.30.010), 10-6-2008)
Sec. 2.06.360. Authority.
A. Pursuant to MCA 15-24-1601 through 15-24-1608, the city commission by this division approves the tax
benefits as set forth in said statutes for those improvements made by restoration, rehabilitation, or
expansion of certified historic commercial or residential properties or qualifying new construction within an
historic district which meets the design criteria during the construction period, not to exceed 12 months, and
for up to five years following completion of the construction, in those situations where such improvements
preserve certified historic commercial or residential properties, or encourage appropriate new construction
meeting the design criteria to be architecturally compatible within the historic districts.
B. The tax abatement is limited to 100 percent of the increase in taxable value caused by the rehabilitation,
restoration, expansion or new construction and applies to only those properties which do not receive any
other tax exemption or special evaluation provided by state law during the period of abatement.
(Ord. No. 1744, § 1(3.30.020), 10-6-2008)
Sec. 2.06.370. Definitions.
A. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
1. "Construction period" as used herein shall mean a period of time from the date of issuance of the
required building permit until the project is substantially completed or a period of 12 months from the
date of issuance of said building permit, whichever period is shorter.
2. "Qualifying new construction" as used herein shall mean construction which satisfies the requirements
of section 2.06.390.A.3.
(Ord. No. 1744, § 1(3.30.030), 10-6-2008)
Sec. 2.06.380. Procedures.
A. The owner of the property must comply with the provisions and standards of this section and section
2.06.390, and chapter 38, article XVI, in order to be considered for tax abatement. Failure to demonstrate
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successful compliance with the requirements disqualifies a property from being awarded tax abatement, but
does not prohibit development with a certificate of appropriateness otherwise approved under chapter 38,
article XVI:
1. The owner of the property is solely responsible for supplying to the Bozeman Historic Preservation
Advisory Commission and the city commission all information and documents necessary to evaluate
the project. If sufficient information and documentation is not supplied by the owner for consideration
to make an informed decision, the application will be denied.
2. The city commission hereby designates the Bozeman Historic Preservation Advisory Board as its local
review board and hereby directs said board to establish an application and review process to certify
eligible properties as specified in MCA 15-24-1604 and which must include, but is not limited to, the
design review criteria based on the Secretary of Interior's Standards for Rehabilitation of Historic
Properties or other standards approved by the State Historic Preservation Office. The established
review process shall be integrated with the certificate of appropriateness review authorized in chapter
38, article XVI.
3. The local review board shall recommend approval or denial of any application for the tax abatement
and report its recommendation to the city commission which shall then either approve or deny said
recommendation by resolution.
4. All taxes, assessments and SID obligations on any property proposed for tax abatement must be
current before any tax abatement will be considered.
5. Following certification, and during the period of tax abatement, if the property is altered in any way
that adversely affects those elements that qualify it as historically contributing, the property must be
disqualified from receiving the tax abatement. If the historic property which has received a tax
abatement under this part is disqualified, the owner is liable for back taxes, interest and a penalty.
These costs must be extended against the property in the next general real property tax roll, to be
collected and distributed in the same manner as the currently assessed real property tax. The back
taxes, interest and penalty must equal the sum of the following:
a. The difference in the total real property taxes due during the years the tax abatement was in
effect and the total of real property taxes which would have been due had the special
assessments not been in effect for those years;
b. Interest on the amount calculated in section 2.06.380.A.5.a at the rate for delinquent property
taxes provided for in MCA 15-16-102; plus
c. A penalty of 15 percent on the sum of section 2.06.380.A.5.a. Back taxes, interest or penalty may
not be imposed on a property transferred to an ownership that makes the property exempt from
property taxation or if the property is destroyed by fire or force majeure.
(Ord. No. 1744, § 1(3.30.040), 10-6-2008)
Sec. 2.06.390. Standards.
A. To be approved as a tax abatement COA the following requirements shall be met:
1. The property must meet one or more of the following criteria:
a. The property is individually listed on the National Register of Historic Places (NRHP).
b. The property is at least 50 years of age and located in an established NRHP historic district.
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c. The property is determined by a qualified professional to be eligible for individual listing in the
NRHP. If this criterion is selected, the applicant must complete the necessary steps to list the
property on the NRHP prior to the final approval of any abatement.
2. Alterations to the properties or structures without city approval and consistent with the requirements
of this division nullifies the tax abatement qualification.
3. All standard COA requirements per chapter 38, article XVI, or its successors, apply as well these further
tax abatement COA requirements:
a. Additions to existing structures:
(1) Additions which increase the size of the footprint are limited to no more than a ten percent
increase of the structure's footprint.
(2) Additions must not exceed the height of the existing roofline.
(3) Additions are limited to secondary facades and evaluated in the context of the facade on
which the addition is applied.
(4) Due to the limited size of the addition, no specific similarity or differentiation of material is
required as referenced in Secretary of the Interior Standards 9 and 10.
b. Roof:
(1) Shape and material of the existing roof must be preserved unless it can be demonstrated
that a different material is more historically appropriate for the structure.
(2) Dormers will be considered on a case by case basis and must meet the Secretary of the
Interior's Standards and UDO standards for dormers. Dormers shall be limited to not more
than one-half the length of the existing roofline. If new dormers are added they must
match existing historic dormers in shape, style and materials.
c. Materials:
(1) Windows: Window matching is fundamental to the historic integrity of the building:
(a) Rehabilitation of viable windows is required through repair, restoration and
reconstruction.
(b) Window replacement requires a professional assessment of the existing
windows.
(c) Window replacement must be historically appropriate and match historic
materials.
(d) If storm windows are applied they shall be historically appropriate.
(2) Siding:
(a) If historic siding is intact, it shall be preserved and restored.
(b) If historic siding is missing, new siding should follow the Department of the
Interior's guidelines for reconstruction.
(3) Foundation:
(a) Repair and stabilization of existing foundation materials is encouraged and a
primary goal.
(b) Foundation replacement is allowed to the extent that the overall height
increase of the house does not exceed 18 inches.
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(c) Foundation replacement requires a professional assessment of the existing
foundation.
(d) If replaced, the exterior of the new foundation shall match the historic
foundation in appearance.
(4) Roof:
(a) If historic roof material is intact it shall be preserved and restored.
(b) If historic roof material is missing, the new roof should follow the Department
of the Interior's guidelines for restoration.
d. Accessory building: The same parameters apply to accessory buildings as for primary structures
on the property. Demolition of viable accessory buildings within five years of receiving the tax
abatement nullifies tax benefits.
(Ord. No. 1744, § 1(3.30.050), 10-6-2008)
Secs. 2.06.400—2.06.550. Reserved.
PART II - CODE OF ORDINANCES
Chapter 2 - ADMINISTRATION
ARTICLE 5. - BOARDS AND COMMISSIONS
DIVISION 6. HISTORIC PRESERVATION ADVISORY BOARD
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DIVISION 6. HISTORIC PRESERVATION ADVISORY BOARD1
Sec. 2.05.850. Purpose and intent.
The purpose and intent of this division is to provide for an appointed citizen board for the city charged with
establishing a local historic preservation program, integrating historic preservation into local, state and federal
planning and decision-making processes, identifying, evaluating and protecting historic resources within Bozeman,
and educating the general public about historic preservation.
(Code 1982, § 2.80.010; Ord. No. 1180, § 1, 1985; Ord. No. 1454, § 1, 1998)
Sec. 2.05.860. Object.
This division is designed as a measure to establish a local historic preservation program designed to promote
and protect historic and prehistoric sites, structures, objects, buildings and historic districts by addressing historic
preservation issues at the local level and integrating them into local, state and federal planning and decision-
making processes. The historic preservation program will include the identification and evaluation of historic
resources through regularly enacted cultural resource surveys.
(Code 1982, § 2.80.020; Ord. No. 1180, § 2, 1985; Ord. No. 1927, § 1, 4-11-2016)
Sec. 2.05.870. Scope.
The historic preservation advisory board shall serve in an advisory capacity to the city commission, city
planning board, zoning commission and other staff members or boards seeking advice on historic preservation
issues.
(Code 1982, § 2.80.030; Ord. No. 1180, § 3, 1985; Ord. No. 1454, § 2, 1998)
Sec. 2.05.880. Definitions.
A. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
1. "Historic preservation advisory board" means the board created by this division and appointed by the
local government of the city which is responsible for creating and administering a historic preservation
program.
2. "Historic preservation officer" hereinafter called "preservation officer" means the official appointed by
the local government who is charged with the responsibility of acting as staff liaison to the historic
preservation advisory board.
1State law reference(s)—Antiquities, MCA 22-3-101 et seq.
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(Code 1982, § § 2.80.040; Ord. No. 1180, § 4, 1985; Ord. No. 1454, § 3, 1998; Ord. No. 1927, § 2, 4-11-2016)
Sec. 2.05.890. Establishment and quorum.
A. In order to carry out the purpose of this division, an historic preservation advisory board is created. All
historic preservation advisory board members shall have a demonstrated interest, competence or knowledge
in historic preservation. Information on the credentials of the historic preservation advisory board members
must be kept on file in the office of the city clerk and available during regular office hours for inspection by
the public. This historic preservation advisory board shall consist of up to seven members, as follows:
1. At least three members shall meet the Secretary of the Interior's Professional Qualification Standards
in the disciplines of history, planning, archaeology, architecture, architectural history, historic
archaeology, or other historic preservation-related disciplines such as cultural geography or cultural
anthropology.
2. At least one member shall be an architect holding state or NCARB registration. Retired professionals
shall be given consideration equal to that of practicing professionals. Residency within the city shall not
be a prerequisite for membership as a professional representative.
3. At least one member shall live in or own property in a Bozeman historic district, on file at the city
planning office. A member may be chosen from a locally or nationally designed district.
4. At least four members shall be at-large representatives who reside or own property within the city
limits.
5. Quorum. A quorum shall be comprised of a minimum of 50 percent of the appointed members, of
which at least one shall be a professional member.
(Code 1982, § 2.80.050; Ord. No. 1180, § 5, 1985; Ord. No. 1252, § 1, 1987; Ord. No. 1296, § 1, 1989; Ord. No.
1454, § 4, 1998; Ord. No. 1927, § 3, 4-11-2016)
Sec. 2.05.900. Appointment and term vacancy.
A. All appointments to the historic preservation advisory board shall be made in accordance with the
procedures adopted by the city commission for appointments to all advisory commissions and boards.
B. Terms of office for the historic preservation advisory board members shall be staggered and two years in
duration.
C. Vacancies on the board should be filled by appointment in accordance with the procedures adopted by the
city commission for appointments to all advisory commissions and boards.
(Code 1982, § 2.80.060; Ord. No. 1180, § 6, 1985; Ord. No. 1252, § 2, 1987; Ord. No. 1454, § 5, 1998)
Sec. 2.05.910. Staff.
A. The preservation officer for Bozeman shall act as staff liaison to the historic preservation advisory board. The
preservation officer shall be employed by the appropriate city department. A member of the historic
preservation advisory board may be invited to participate in the city's process for selection and hiring of a
preservation office when the position is vacant.
B. The preservation officer shall satisfy the Secretary of the Interior's Professional Qualification Standards.
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C. Duties of the preservation officer include coordinating the local historic preservation programs, helping in
the development of local surveys, projects and historic preservation planning documents, advising and
providing assistance to the local historic preservation advisory board, government agencies and the public,
and ensuring to the extent practicable, that the duties and responsibilities delegated by this division are
carried out.
(Code 1982, § 2.80.070; Ord. No. 1180, § 7, 1985; Ord. No. 1454, § 6, 1998; Ord. No. 1927, § 4, 4-11-2016)
Sec. 2.05.920. Meetings; notice of meetings.
A. The historic preservation advisory board shall conduct a minimum of one regularly scheduled meeting each
month. The chairperson may cancel any meeting or schedule special meetings when such meetings are
necessary to carry out the provisions of this division, in accordance with city advisory board noticing
requirements. Regularly scheduled meetings shall be held at such place, day and hour as may from time to
time be fixed by the board. The presiding officer, a majority of the board or the staff liaison may call special
meetings of the board, upon at least 48 hours notice to each member personally served on each member
through email or left at the member's usual place of residence and also notice to the public by, at a
minimum, posting the agenda on the city's website and posting board.
B. All meetings shall be open to the public in accordance with the Montana State Open Meeting Law.
C. The historic preservation advisory board shall establish its own bylaws conforming to the guidelines set forth
in the "Certified Local Government Program in Montana" and by the City of Bozeman. All written or taped
minutes, reports and case decisions are available to the public.
(Code 1982, § 2.80.080; Ord. No. 1180, § 8, 1985; Ord. No. 1454, § 7, 1998; Ord. No. 1927, § 5, 4-11-2016)
Sec. 2.05.930. Powers and duties.
A. The historic preservation advisory board shall have the powers and duties to:
1. Advocate for the maintenance and updating of the survey and inventory of historic and prehistoric
properties. The board will make an annual recommendation prioritizing areas or sites within the city
limits for cultural resource survey work.
2. Use the National Register of Historic Places criteria for designation of properties as a historic district or
site and shall apply these criteria for local designation of historic and prehistoric properties;
3. Review and comment on:
a. Planning and zoning programs undertaken by the city, state and federal agencies which relate to
historic resources. This review and comment shall be scheduled and occur within time lines
established for whatever action is being taken;
b. Environmental assessments, environmental impact statements and other similar documents
pertaining to historic districts, landmark sites, or landmark properties within the city. To facilitate
interagency cooperation, a copy of comments by the historic preservation advisory board
provided to state or federal agencies may be sent to the state historic preservation office.
Transmittal of comments shall be through the historic preservation officer;
c. Make recommendations to the appropriate advisory body or decision-making body concerning
any changes or modifications to the zoning regulations and zoning district boundaries.
Transmittal of comments shall be through the historic preservation officer;
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d. Upon request of the reviewing authority make recommendations to the review authority
regarding zoning applications pertaining to historic properties and which require public notice.
e. Proposals to nominate properties to the National Register of Historic Places according to the
Montana State Regulations for Certified Local Governments, Section VI(B). This includes
reviewing and commenting on any national register nominations on property within the city;
4. Render advice and guidance upon request of the property owner as to the restoration, alteration,
decoration, landscaping or maintenance of potentially historic buildings or structures. The historic
preservation advisory board may create voluntary design guidelines which will be made available to the
public for assistance in preservation projects;
5. Participate in, promote and conduct public information, educational and interpretive programs
pertaining to historic preservation;
6. Review and process applications for tax abatement pursuant to the provisions of Chapter 424 of the
Laws of 1989 of the State of Montana as codified by MCA 15-24-1601 et seq.
(Code 1982, § 2.80.090; Ord. No. 1180, § 9, 1985; Ord. No. 1296, § 2, 1989; Ord. No. 1454, § 8, 1998; Ord. No.
1927, § 6, 4-11-2016)
Secs. 2.05.940—2.05.1090. Reserved.
Professional Services Agreement for Historic Preservation & NCOD Design Guideline Update, Application 25321
Page 1 of 16
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 2025
(“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing
municipal corporation organized and existing under its Charter and the laws of the State of Montana,
121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT
59771, hereinafter referred to as “City,” and, The Lakota Group, 1 East Wacker Drive, Floor 27,
Chicago IL, 60601, hereinafter referred to as “Contractor.” The City and Contractor may be referred
to individually as “Party” and collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit A and by this reference made
a part hereof.
2. Term/Effective Date: This Agreement is effective upon the Effective Date and will
expire on the _____ day of ______________, 2026, unless earlier terminated in accordance with this
Agreement.
3. Scope of Services: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services. For conflicts between this Agreement and
the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4. Payment: City agrees to pay Contractor the amount specified in the Scope of
Services. Any alteration or deviation from the described services that involves additional costs above
the Agreement amount will be performed by Contractor after written request by the City, and will
become an additional charge over and above the amount listed in the Scope of Services. The City
must agree in writing upon any additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
31st December
Professional Services Agreement for Historic Preservation & NCOD Design Guideline Update, Application 25321
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Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific
steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that
Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief
to the City so as to permit the services to continue at no additional cost to City.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
Professional Services Agreement for Historic Preservation & NCOD Design Guideline Update, Application 25321
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connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right of
Professional Services Agreement for Historic Preservation & NCOD Design Guideline Update, Application 25321
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contribution for loss or damage to person or property arising from, growing out of, or in any way
connected with or incident to the performance of this Agreement except “responsibility for [City’s]
own fraud, for willful injury to the person or property of another, or for violation of law, whether
willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
• Workers’ Compensation – statutory;
• Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
• Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
• Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
• Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on the Commercial General,
Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements
must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation
or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of
notice that any required insurance coverage will be terminated or Contractor’s decision to terminate
any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
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8. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
in progress.
c. In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of the
Professional Services Agreement for Historic Preservation & NCOD Design Guideline Update, Application 25321
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Notice of Termination for City’s Convenience.
d. The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature arising, or claimed to have arisen, as a result of the termination.
10. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be Sarah Rosenberg, Historic Preservation Officer or such other individual
as City shall designate in writing. Whenever approval or authorization from or
communication or submission to City is required by this Agreement, such communication or
submission shall be directed to the City’s Representative and approvals or authorizations shall
be issued only by such Representative; provided, however, that in exigent circumstances when
City’s Representative is not available, Contractor may direct its communication or submission
to other designated City personnel or agents as designated by the City in writing and may
receive approvals or authorization from such persons.
b. Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be Matt Cole, Director of Historic Preservation or such other
individual as Contractor shall designate in writing. Whenever direction to or communication
with Contractor is required by this Agreement, such direction or communication shall be
Professional Services Agreement for Historic Preservation & NCOD Design Guideline Update, Application 25321
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directed to Contractor’s Representative; provided, however, that in exigent circumstances
when Contractor’s Representative is not available, City may direct its direction or
communication to other designated Contractor personnel or agents.
c. Notices: All notices required by this Agreement shall be in writing and
shall be provided to the Representatives named in this Section. Notices shall be deemed given
when delivered, if delivered by courier to Party’s address shown above during normal business
hours of the recipient; or when sent, if sent by email or fax (with a successful transmission
report) to the email address or fax number provided by the Party’s Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
13. Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14. Web Accessibility and the ADA: Title II of the ADA prohibits discrimination against
people with disabilities in all services, programs, and activities offered or made available by the City.
This includes ensuring that the City’s communications with people with disabilities are as effective
as its communications with others.
If Contractor’s Scope of Services includes the production of digital content, documents, or web
applications intended to be branded for use by the City, Contractor must use the City style guide when
creating a design. As per recommendations found in Section 508 of the Rehabilitation Act, all digital
content, documents, or web applications must also adhere to level A and AA Success Criteria and
Conformance Requirements as defined by the current Web Content Accessibility Guidelines
(WCAG).
The City will not accept digital content that does not comply with WCAG A and AA guidelines. If
the City refuses digital content because it is non-compliant with the City style guide, Section 508 of
Professional Services Agreement for Historic Preservation & NCOD Design Guideline Update, Application 25321
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the Rehabilitation Act, and/or WCAG, Contractor will be required to make the digital content
compliant and redelivered at no additional cost to the City.
15. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
not refuse employment to a person, bar a person from employment, or discriminate against a person
in compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity, physical or mental disability, except when the reasonable demands of the position
require an age, physical or mental disability, marital status or sex distinction. The Contractor shall
be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
16. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
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17. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
18. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
19. Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
20. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
21. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
22. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
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
Professional Services Agreement for Historic Preservation & NCOD Design Guideline Update, Application 25321
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competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
23. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
24. Headings: The headings used in this Agreement are for convenience only and are not
to be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs
to which they refer.
25. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
26. Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
27. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
28. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
29. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
30. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
31. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
32. Extensions: This Agreement may, upon mutual agreement, be extended for a period
of one year by written agreement of the Parties. In no case, however, may this Agreement run longer
than December 31, 2027.
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**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
Professional Services Agreement for Historic Preservation & NCOD Design Guideline Update, Application 25321
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA LAKOTA GROUP
CONTRACTOR
By________________________________ By__________________________________
Chuck Winn, City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
Scott Freres
President
Professional Services Agreement for Historic Preservation & NCOD Design Guideline Update, Application 25321
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Attachment A – Scope of Services
This is a comprehensive update of the Bozeman Guidelines for Historic Preservation and the
Neighborhood Conservation Overlay District (NCOD). The consultant will assist with the update
using the following objectives:
• Update and refine the existing design guidelines to reflect contemporary preservation
standards and Bozeman’s evolving community character.
• Incorporate public feedback and community input throughout the process, as directed by
staff and City Commission.
• Coordinate with the Landmark Project and associated policy updates.
• Improve the usability, organization, and visual clarity of the guidelines.
• Ensure the guidelines align with the Secretary of the Interior’s Standards while addressing
local conditions and priorities.
Project tasks include:
• Review existing guidelines, relevant city code, the Local Landmark Project Phase 1 Report,
GIS data, community plans, and other preservation related documents;
• Assess existing property inventory data and surveys to gain a broad understanding of the
architecture and property types, characteristic architectural features, and changes and
alterations that have gained significance over time within the historic districts and NCOD;
• Conduct field review and documentation of Bozeman’s historic resources;
• Undertake public engagement with stakeholders, design professionals, property owners, the
Historic Preservation Advisory Board, and other relevant groups and advisory boards to
gather feedback during the planning process;
• Prepare Design Guideline update that incorporates standards, recommendations, images and
illustrations that inform and guide design decisions.
The Design Guidelines Update will outline standards and guidelines for historic building
rehabilitation and maintenance as well as background descriptions of architectural styles, property
types, building forms, materials, and architectural elements significant to Bozeman’s historic
districts and the NCOD. In addition, the update will address new construction and infill, demolition,
and relocation. Photographs, sketches, graphics, and 3D models will be used to illustrate
architectural styles, significant characteristics, examples, and other pertinent information for the
document to be user friendly.
The final Design Guidelines document will be reviewed by the Historic Preservation Advisory
Board and Community Development Board, with final adoption by the City Commission.
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Attachment B – Schedule
Signed Contract End of October 2025
Team Check-In Calls Biweekly and as needed
Phase 1: Project Initiation and Background Information Gathering
Kick-off meeting with Project Team and Staff
(virtual)
November 2025
Background Information & Historic Resources Inventory Review November 2025 - March 2026
Community Engagement Plan January 2026
Consultant’s In-Person Visit
- Field Documentation
- Community Stakeholder meetings
- Historic Preservation Advisory Board meeting
April 13 – 17, 2026
HPAB April 15
Key Findings Memorandum:
- Summary of info gathered and proposed Design Guidelines outline
June 2026
Phase 2: Draft and Final Documents
First Draft Design Guidelines Document for Internal Review August 2026
Second Draft Design Guidelines September 2026
Public Review of Second Draft; Info/Q&A Session(s) October 2026
Design Guidelines Final Draft November 2026
Final Design Guidelines Presentation & Adoption December 2026
Professional Services Agreement for Historic Preservation & NCOD Design Guideline Update, Application 25321
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Attachment C – Budget Table
Professional Services Agreement for Historic Preservation & NCOD Design Guideline Update, Application 25321
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Attachment D – Nondiscrimination and Equal Pay Affirmation
The Lakota Group
The Lakota Group
From:Chuck Winn
To:Zehra Osman
Cc:Mike Maas; Erin George; Bozeman Public Comment; Bozeman City Commission
Subject:RE: Public Comment Re: Consent F.6: Authorize the City Manager to Sign a Professional Services Agreement withthe Lakota Group for the Neighborhood Conservation Overlay District Design (NCOD) Guidelines Update
Date:Monday, October 27, 2025 3:38:10 PM
Attachments:LakotaGroup_Qualifications.pdf
Hi Zehra,
Thank you for your email yesterday detailing your concerns with the Lakota Group. Following,
and attached, please find a detailed summary from Director Erin George regarding their
qualifications and experience. Please let us know if you have any questions or additional
concerns.
Thanks again,
Chuck
Chuck Winn | City Manager
City of Bozeman
121 North Rouse Avenue - P.O. Box 1230
Bozeman, MT 59771-1230
P: 406.582.2307
C: 406.581.0020
From: Erin George <egeorge@BOZEMAN.NET>
Sent: Monday, October 27, 2025 3:01 PM
To: Chuck Winn <CWinn@BOZEMAN.NET>
Subject: RE: [EXTERNAL]NCOD consultants have NO Historic Preservation credentials!
Thank you for expressing your concerns and please allow us to reassure you that The Lakota Group
team for this project does indeed include a qualified historic preservation architect with 25 years of
relevant experience, Douglas E. Gilbert. He is principal and owner of his own practice, so you
wouldn’t have found his information on Lakota’s website, but you will see his name is included in
this project team listed on page 15 (“budget table”) of the Professional Services Agreement attached
to the 10/28 Consent Agenda item. It is common practice for consulting firms to include
independent contractors as part of their project team for certain projects. Additionally, The Lakota
Group project team also includes two preservation planners, a project manager, and two graphic
designers. I have attached information about the project team, including resumes for each assigned
person (Douglas Gilbert’s resume has page no. 14 and 15 listed at the bottom) and a list of project
examples from other cities for both Lakota and Douglas Gilbert. As you will see in these materials,
The Lakota Group project team is highly qualified in historic preservation, architecture, design, and
the Secretary of Interior’s Standards. They have prepared historic preservation design guidelines for
numerous municipalities across the country, one of which was Anaconda, MT.
Here is additional background on the procurement process we followed. The City’s official
Procurement Process sets an $80K threshold for following a formal RFP process. As this project was
under $80K, it was allowed to utilize the “two bid” method that is less formal. Under this process,
staff started with a Montana-only process to contact firms with historic preservation and
architecture experience in the state to ask them to submit proposals. We only received one proposal
from a Montana firm, A&E. A panel of the CD Director, HP Officer, Planning Manager and HPAB Chair
reviewed their proposal and interviewed A&E. Not being satisfied their experience was adequate for
this project, we broadened our search nationally by contacting firms with known expertise through
our HP Officer’s involvement in the National Alliance of Preservation Commissions. We received 2
additional proposals from The Lakota Group and Planning2Preserve. The same panel reviewed their
proposals and interviewed both groups using the same questions. The Lakota Group interviewed the
best and had the greatest depth of experience updating HP design guidelines, compared to the other
two smaller groups.
While it is not typically our practice to elaborate on a firm’s qualifications at City Commission outside
of the procurement process, we know this project is of utmost concern to residents, so we are
planning to have the City Manager share information about Lakota’s qualifications during the
Consent Agenda intro on 10/28, unless it is pulled from Consent in which case staff will share the
information.
Regarding the comments about verbiage in the Scope of Services, staff drafted that language to be
consistent with the Landmark Project scope, which also references contemporary preservation
standards because we’re always wanting to ensure our projects to update codes and guidelines
consider best practices in the relevant field. That certainly does not mean we disregard community
feedback. Quite the opposite, in fact. You will see that we reference public engagement in the
project schedule and the community engagement plan will more specifically outline the types of
engagement events/meetings proposed. HPAB and City Commission will have an opportunity to
discuss the proposed engagement plan when it’s brought to them early next year.
Again thank you for your comments and please don’t hesitate to contact me if you have further
questions.
Erin George, AICPDirector | Community DevelopmentCity of Bozeman | 20 East Olive St. | P.O. Box 1230 | Bozeman, MT 59771P: 406.582.2262 | E: egeorge@bozeman.net |
From: Zehra Osman <zosman534@gmail.com>
Sent: Sunday, October 26, 2025 2:41 PM
To: Bozeman Public Comment <comments@BOZEMAN.NET>; Terry Cunningham
<TCunningham@BOZEMAN.NET>; Jennifer Madgic <jmadgic@BOZEMAN.NET>; Joey Morrison
<jmorrison@BOZEMAN.NET>; Douglas Fischer <dfischer@BOZEMAN.NET>; Emma Bode
<ebode@BOZEMAN.NET>; Erin George <egeorge@BOZEMAN.NET>; Chris Saunders
<csaunders@BOZEMAN.NET>; Rebecca Harbage <rharbage@BOZEMAN.NET>; Chuck Winn
<CWinn@BOZEMAN.NET>; Greg Sullivan <gsullivan@BOZEMAN.NET>
Subject: [EXTERNAL]Public Comment Re: Consent F.6: Authorize the City Manager to Sign a
Professional Services Agreement with the Lakota Group for the Neighborhood Conservation
Overlay District Design (NCOD) Guidelines Update
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
(Please place this public comment in the public record folder for the NCOD Guidelines Update and please
send this to the email addresses of each of the Historic Preservation Advisory Board Members. Thank you.)
Honorable City Mayor, Deputy Mayor, Commission Members, and City Staff:
My public comment is regarding the agenda item Consent F.6: Authorize the City Manager to Sign a
Professional Services Agreement with the Lakota Group for the Neighborhood Conservation Overlay
District Design (NCOD) Guidelines Update.
I’ve divided my comments into two sections, with one addressing the qualifications of the Lakota Groupand the second addressing the Scope of Services itself.
I. Consultant Must Meet the Secretary of the Interior Professional Qualification Standards, and theLakota Group Does Not Have This Expertise
It is imperative that the professionals who are conducting this work meet the Secretary of the Interior’s
Professional Qualification Standards https://www.doi.gov/pam/asset-management/historic-
preservation/PQS, which, importantly, are referenced in Bozeman’s current Municipal Code. We should
at the very least hire a firm that has the appropriate qualifications with at least one historical architect in a
leadership role.
Background: The National Historic Preservation Act (NHPA) Section 112 and the Section 106 regulations,
at §800.2(a)(1), require agencies responsible for protecting historic properties to ensure that all actions
taken by their employees or contractors meet professional standards as determined by the Secretary of the
Interior. They outline the minimum education, experience, and products that together provide an assurance
that the program and project manager, applicant, employee, consultant, or advisor will be able to perform
competently on the job and be respected within the larger historic preservation community.
Therefore, it is strongly recommend that the City deny the award the NCOD Design Guidelines Update to
the consultants named Lakota Group https://www.thelakotagroup.com/about-us/. Instead, a consultant that
actually meets this code should be hired to conduct this important work. Here is why:
1. Upon reviewing their website, none of their staff have a degree in historic preservation, much less
meet the Secretary of the Interior’s Professional Qualification Standards. 2. If the consultant plans to sub-contract the historic preservation/historical architect role, then we
should see who that is and what their qualifications are. 3. Often sub-contracting is overshadowed and dominated by pressures from the prime contractor who
hires them. Therefore, the Scope of Services must guide the work of the contractor to abide by the
code and the intentions and direction of NCOD, which I outline below.4. I have attached various sections of Bozeman’s Municipal Code that call for qualified professionals
when dealing with historic properties (buildings, districts, structures, sites, and objects).
5. Throughout the current city code, it is stated that qualified professionals are required when dealing
with projects concerning the NCOD, including gaining a Certificate of Appropriateness, demolishing
or moving a historic property, the work and number of members of the Historic Preservation
Advisory Board, the Historic Preservation Officer, and for gaining a tax abatement. For example,
under tax abatement, the code states,
“The director of community development must establish by administrative order rules for documentation ofnon-historic and historic properties. This documentation must be created by a professional who satisfies
professional qualification standards for History, Archeology or Architectural History, as established by the
National Park Service and published in the Code of Federal Regulations, 36 CFR Part 61."
6. For your convenience, I have attached PDFs of these sections of Bozeman’s Municipal Code and
have highlighted important items.
II. Scope of Services: Do Not Alter the Current Code Via These NCOD Guideline Updates
It is very frustrating to hear any city officials say that the NCOD doesn’t have any teeth. Therefore, it must
be that some City Staff and City Commission members have never been educated in the fact that the code
actually gives a great deal of “teeth” in governing projects within the NCOD - - through the Secretary of
the Interior’s Standards, the Secretary of the Interior’s Professional Qualification Standards. For thisreason, I am strongly recommending that Scope of Services includes that the consultant facilitates aspecial work session that presents these standards and shows how that are referenced and cited in our
current City Code. I am attaching my previous comment, which outlines this relationship.
I recommend the following edits to your existing Scope of Services (SOS) because they currently do not
comply with our Bozeman Municipal Code:
1. SOS Section “The consultant will assist with the update using the following objectives:”
“Update and refine the existing design guidelines to reflect contemporary preservation standards and
Bozeman’s evolving community character. “ The code is the code. It says projects within the
NCOD must comply with the latest version of the Secretary of the Interior’s Standards (SOI
STDS), and this wording is not compliant with our current code. Strike misleading wording as
shown.
2. SOS section “Project tasks include:”
“Review existing guidelines, relevant city code, the Local Landmark Project Phase 1 Report, GIS
data, community plans, and other preservation related documents;” Please add:
a FULL presentation of the Secretary of the Interior’s Standards for the Treatment of
Historic Properties, which is absolutely relevant to this project as it is referenced in the City
Code.
the Bendon Adams report on which the city spent tax payer dollars and on which the public
spent countless hours engaging
“Conduct field review and documentation of Bozeman’s historic resources;” Bendon Adams already
did this. It seems we keep avoiding the actual documentation of these resources and keep kicking
the can down the road
“Undertake public engagement with stakeholders, design professionals, property owners, the
Historic Preservation Advisory Board, and other relevant group and advisory boards to gather
feedback during the planning process;” Public engagement must include all of the public, not just
those who currently own them or design professional who would love to make a mark on them.
These are community resources meant to be protected in perpetuity as community assets. Hence
the protections of these assets in the current code.
3. Second to last paragraph: “The Design Guidelines Update will outline standards and guidelines for
historic building rehabilitation and maintenance as well as background descriptions of architectural styles,
property types, building forms, materials, and architectural elements significant to Bozeman’s historicdistricts and the NCOD. In addition, the update will address new construction and infill, demolition, and
relocation.” Add wording” per the current code, which requires compliance with the latest version of theSecretary of the Interior’s Standards for the Treatment of Historic Properties.”
For your convenience, I’ve enclosed highlighted sections of the proposed Scope of Services.
Respectfully,
Zehra Osman
59718
Attachements:
From:Zehra Osman
To:Chuck Winn
Cc:Mike Maas; Erin George; Bozeman Public Comment; Bozeman City Commission
Subject:[EXTERNAL]Re: Public Comment Re: Consent F.6: Authorize the City Manager to Sign a Professional Services Agreement withthe Lakota Group for the Neighborhood Conservation Overlay District Design (NCOD) Guidelines Update
Date:Monday, October 27, 2025 5:27:12 PM
Attachments:LakotaGroup_Qualifications.pdf
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize
the sender and know the content is safe.
Chuck,
Thanks for letting me know. I found the historic preservation architect’s website and he says he’s also an architectural
historian, which is terrific. This is good news!
I look forward to understanding what the consultants are being asked to change and how that meshes with the currentMunicipal Code with respect to the code’s references to compliance with the Secretary of the Interior’s Standards for
the Treatment of Historic Properties within the NCOD.
Also looking forward to the Historic Preservation Advisory Board’s input and involvement along the way, which really
completes the team!
Thanks again for your reply and for Director George’s response.
Zehra
On Oct 27, 2025, at 3:38 PM, Chuck Winn <CWinn@BOZEMAN.NET> wrote:
Hi Zehra,
Thank you for your email yesterday detailing your concerns with the Lakota Group.
Following, and attached, please find a detailed summary from Director Erin George
regarding their qualifications and experience. Please let us know if you have any questions
or additional concerns.
Thanks again,
Chuck
Chuck Winn | City Manager
City of Bozeman
121 North Rouse Avenue - P.O. Box 1230
Bozeman, MT 59771-1230
P: 406.582.2307
C: 406.581.0020
From: Erin George <egeorge@BOZEMAN.NET>
Sent: Monday, October 27, 2025 3:01 PM
To: Chuck Winn <CWinn@BOZEMAN.NET>
Subject: RE: [EXTERNAL]NCOD consultants have NO Historic Preservation credentials!
Thank you for expressing your concerns and please allow us to reassure you that The Lakota
Group team for this project does indeed include a qualified historic preservation architect with 25
years of relevant experience, Douglas E. Gilbert. He is principal and owner of his own practice, so
you wouldn’t have found his information on Lakota’s website, but you will see his name is
included in this project team listed on page 15 (“budget table”) of the Professional Services
Agreement attached to the 10/28 Consent Agenda item. It is common practice for consulting firms
to include independent contractors as part of their project team for certain projects. Additionally,
The Lakota Group project team also includes two preservation planners, a project manager, and
two graphic designers. I have attached information about the project team, including resumes for
each assigned person (Douglas Gilbert’s resume has page no. 14 and 15 listed at the bottom) and
a list of project examples from other cities for both Lakota and Douglas Gilbert. As you will see in
these materials, The Lakota Group project team is highly qualified in historic preservation,
architecture, design, and the Secretary of Interior’s Standards. They have prepared historic
preservation design guidelines for numerous municipalities across the country, one of which was
Anaconda, MT.
Here is additional background on the procurement process we followed. The City’s official
Procurement Process sets an $80K threshold for following a formal RFP process. As this project
was under $80K, it was allowed to utilize the “two bid” method that is less formal. Under this
process, staff started with a Montana-only process to contact firms with historic preservation and
architecture experience in the state to ask them to submit proposals. We only received one
proposal from a Montana firm, A&E. A panel of the CD Director, HP Officer, Planning Manager and
HPAB Chair reviewed their proposal and interviewed A&E. Not being satisfied their experience was
adequate for this project, we broadened our search nationally by contacting firms with known
expertise through our HP Officer’s involvement in the National Alliance of Preservation
Commissions. We received 2 additional proposals from The Lakota Group and Planning2Preserve.
The same panel reviewed their proposals and interviewed both groups using the same questions.
The Lakota Group interviewed the best and had the greatest depth of experience updating HP
design guidelines, compared to the other two smaller groups.
While it is not typically our practice to elaborate on a firm’s qualifications at City Commission
outside of the procurement process, we know this project is of utmost concern to residents, so we
are planning to have the City Manager share information about Lakota’s qualifications during the
Consent Agenda intro on 10/28, unless it is pulled from Consent in which case staff will share the
information.
Regarding the comments about verbiage in the Scope of Services, staff drafted that language to be
consistent with the Landmark Project scope, which also references contemporary preservation
standards because we’re always wanting to ensure our projects to update codes and guidelines
consider best practices in the relevant field. That certainly does not mean we disregard
community feedback. Quite the opposite, in fact. You will see that we reference public
engagement in the project schedule and the community engagement plan will more specifically
outline the types of engagement events/meetings proposed. HPAB and City Commission will have
an opportunity to discuss the proposed engagement plan when it’s brought to them early next
year.
Again thank you for your comments and please don’t hesitate to contact me if you have further
questions.
Erin George, AICPDirector | Community DevelopmentCity of Bozeman | 20 East Olive St. | P.O. Box 1230 | Bozeman, MT 59771P: 406.582.2262 | E: egeorge@bozeman.net |
From: Zehra Osman <zosman534@gmail.com>
Sent: Sunday, October 26, 2025 2:41 PM
To: Bozeman Public Comment <comments@BOZEMAN.NET>; Terry Cunningham
<TCunningham@BOZEMAN.NET>; Jennifer Madgic <jmadgic@BOZEMAN.NET>; Joey
Morrison <jmorrison@BOZEMAN.NET>; Douglas Fischer <dfischer@BOZEMAN.NET>; Emma
Bode <ebode@BOZEMAN.NET>; Erin George <egeorge@BOZEMAN.NET>; Chris Saunders
<csaunders@BOZEMAN.NET>; Rebecca Harbage <rharbage@BOZEMAN.NET>; Chuck Winn
<CWinn@BOZEMAN.NET>; Greg Sullivan <gsullivan@BOZEMAN.NET>
Subject: [EXTERNAL]Public Comment Re: Consent F.6: Authorize the City Manager to Sign a
Professional Services Agreement with the Lakota Group for the Neighborhood Conservation
Overlay District Design (NCOD) Guidelines Update
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless
you recognize the sender and know the content is safe.
(Please place this public comment in the public record folder for the NCOD Guidelines Update and
please send this to the email addresses of each of the Historic Preservation Advisory Board Members.
Thank you.)
Honorable City Mayor, Deputy Mayor, Commission Members, and City Staff:
My public comment is regarding the agenda item Consent F.6: Authorize the City Manager to Sign a
Professional Services Agreement with the Lakota Group for the Neighborhood Conservation Overlay
District Design (NCOD) Guidelines Update.
I’ve divided my comments into two sections, with one addressing the qualifications of the Lakota Groupand the second addressing the Scope of Services itself.
I. Consultant Must Meet the Secretary of the Interior Professional Qualification Standards, and theLakota Group Does Not Have This Expertise
It is imperative that the professionals who are conducting this work meet the Secretary of the Interior’sProfessional Qualification Standards https://www.doi.gov/pam/asset-management/historic-
preservation/PQS, which, importantly, are referenced in Bozeman’s current Municipal Code. Weshould at the very least hire a firm that has the appropriate qualifications with at least one historical
architect in a leadership role.
Background: The National Historic Preservation Act (NHPA) Section 112 and the Section 106
regulations, at §800.2(a)(1), require agencies responsible for protecting historic properties to ensure that
all actions taken by their employees or contractors meet professional standards as determined by the
Secretary of the Interior. They outline the minimum education, experience, and products that togetherprovide an assurance that the program and project manager, applicant, employee, consultant, or advisor
will be able to perform competently on the job and be respected within the larger historic preservationcommunity.
Therefore, it is strongly recommend that the City deny the award the NCOD Design Guidelines Update to
the consultants named Lakota Group https://www.thelakotagroup.com/about-us/. Instead, a consultantthat actually meets this code should be hired to conduct this important work. Here is why:
1. Upon reviewing their website, none of their staff have a degree in historic preservation, much less
meet the Secretary of the Interior’s Professional Qualification Standards.
2. If the consultant plans to sub-contract the historic preservation/historical architect role, then we
should see who that is and what their qualifications are.
3. Often sub-contracting is overshadowed and dominated by pressures from the prime contractor
who hires them. Therefore, the Scope of Services must guide the work of the contractor to abideby the code and the intentions and direction of NCOD, which I outline below.
4. I have attached various sections of Bozeman’s Municipal Code that call for qualified professionalswhen dealing with historic properties (buildings, districts, structures, sites, and objects).
5. Throughout the current city code, it is stated that qualified professionals are required when dealing
with projects concerning the NCOD, including gaining a Certificate of Appropriateness,
demolishing or moving a historic property, the work and number of members of the Historic
Preservation Advisory Board, the Historic Preservation Officer, and for gaining a tax abatement.
For example, under tax abatement, the code states,
“The director of community development must establish by administrative order rules for documentationof non-historic and historic properties. This documentation must be created by a professional who
satisfies professional qualification standards for History, Archeology or Architectural History, asestablished by the National Park Service and published in the Code of Federal Regulations, 36 CFR Part
61."
6. For your convenience, I have attached PDFs of these sections of Bozeman’s Municipal Code and
have highlighted important items.
II. Scope of Services: Do Not Alter the Current Code Via These NCOD Guideline Updates
It is very frustrating to hear any city officials say that the NCOD doesn’t have any teeth. Therefore, it
must be that some City Staff and City Commission members have never been educated in the fact that thecode actually gives a great deal of “teeth” in governing projects within the NCOD - - through the
Secretary of the Interior’s Standards, the Secretary of the Interior’s Professional QualificationStandards.For this reason, I am strongly recommending that Scope of Services includes that theconsultant facilitates a special work session that presents these standards and shows how that are
referenced and cited in our current City Code. I am attaching my previous comment, which outlines thisrelationship.
I recommend the following edits to your existing Scope of Services (SOS) because they currently do notcomply with our Bozeman Municipal Code:
1. SOS Section “The consultant will assist with the update using the following objectives:”
“Update and refine the existing design guidelines to reflect contemporary preservation standardsand Bozeman’s evolving community character. “ The code is the code. It says projects within theNCOD must comply with the latest version of the Secretary of the Interior’s Standards (SOISTDS), and this wording is not compliant with our current code. Strike misleading wording asshown.
2. SOS section “Project tasks include:”
“Review existing guidelines, relevant city code, the Local Landmark Project Phase 1 Report, GISdata, community plans, and other preservation related documents;” Please add:a FULL presentation of the Secretary of the Interior’s Standards for the Treatment ofHistoric Properties, which is absolutely relevant to this project as it is referenced in theCity Code.the Bendon Adams report on which the city spent tax payer dollars and on which thepublic spent countless hours engaging
“Conduct field review and documentation of Bozeman’s historic resources;” Bendon Adamsalready did this. It seems we keep avoiding the actual documentation of these resources andkeep kicking the can down the road
“Undertake public engagement with stakeholders, design professionals, property owners, theHistoric Preservation Advisory Board, and other relevant group and advisory boards to gather
feedback during the planning process;” Public engagement must include all of the public, notjust those who currently own them or design professional who would love to make a mark onthem. These are community resources meant to be protected in perpetuity as community assets.Hence the protections of these assets in the current code.
3. Second to last paragraph: “The Design Guidelines Update will outline standards and guidelines for
historic building rehabilitation and maintenance as well as background descriptions of architectural
styles, property types, building forms, materials, and architectural elements significant to Bozeman’s
historic districts and the NCOD. In addition, the update will address new construction and infill,
demolition, and relocation.” Add wording” per the current code, which requires compliance with thelatest version of the Secretary of the Interior’s Standards for the Treatment of Historic Properties.”
For your convenience, I’ve enclosed highlighted sections of the proposed Scope of Services.
Respectfully,Zehra Osman
59718
Attachements:
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