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HomeMy WebLinkAbout01-13-26 City Commission Agenda and Packet MaterialsA. Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B. Pledge of Allegiance and a Moment of Silence or Mindfulness C. Changes to the Agenda D. FYI E. Commission Disclosures F. Consent F.1 Accounts Payable Claims Review and Approval (Edwards) F.2 Authorize the City Manager to Sign a Professional Services Agreement with WGM Group, Inc, for Wetland Consulting Services for Development Review(Esparza) THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, January 13, 2026 How to Participate: If you are interested in commenting in writing on items on the agenda please send an email to comments@bozeman.net or visit the Public Comment Page prior to 12:00 p.m. on the day of the meeting. At the direction of the City Commission, anonymous public comments are not distributed to the City Commission or staff. Public comments will also be accepted in-person and through video conference during the appropriate agenda items but you may only comment once per item. As always, the meeting will be recorded and streamed through the Commission's video page and available in the City on cable channel 190. For more information please contact the City Clerks' Office at 406.582.2320. This meeting will be held both in-person and also using an online video conferencing system. You can join this meeting: Via Video Conference: Click the Register link, enter the required information, and click submit. Click Join Now to enter the meeting. Via Phone: This is for listening only if you cannot watch the stream, channel 190, or attend in- person United States Toll +1 669 900 9128 Access code: 933 7244 1920 1 F.3 Authorize the City Manager to Sign a Professional Services Agreement with Naiad, LLC., for Wetland Consulting Services for Development Review(Esparza) F.4 Authorize the City Manager to Sign Task Order 2 of the Professional Services Agreement with Clear Route Real Estate, LLC.(Heaston) F.5 Resolution for the Certification of Delinquent City Assessments to the County (Hodnett) F.6 Resolution for the Intent to Create a Special Improvement Lighting District 794 for Jarrett Subdivision Phase 1(Hodnett) F.7 Resolution, Adoption of the 1727 Kenyon Drive Annexation, Annexing 0.903 acres, Application 25051(Rogers) F.8 Resolution, Adoption of the 1519 Alder Court Lane Annexation, Annexing 0.44 acres Including the Adjacent Right-of-Way. The Property is Addressed as 1519 Alder Court Lane, Application 24428(Rogers) F.9 Ordinance, Provisional Adoption, Establishing a Zoning Designation of R-1, Residential Low- Density District, in Association with the Annexation of 0.903 Acres, the 1727 Kenyon Drive, Application 25051(Rogers) F.10 Ordinance, Provisional Adoption, Establishing a Zoning Designation of R-4, Residential High- Density District, in Association with the Annexation of 0.44 Acres, the 1519 Alder Court Lane, Application 24428(Rogers) G. Work Session G.1 College St 8th to 11th Renovation Work Session Continued (Ross) H. Appointments H.1 Appointments to the Community Development Advisory Board(Newby) H.2 Appointments of Chair and Vice-Chair to the Transportation Board(Newby) I. FYI / Discussion J. Adjournment Consider the Motion: I move to appoint up to two Bozeman Citizen members to the Community Development Board for terms ending December 31, 2027. AND I move to appoint [INSERT NAME] as the Chair and [INSERT NAME] as the Vice-chair Consider the Motion: I move to appoint [INSERT NAME] as the Chair and [INSERT NAME] as the Vice-chair to the Transportation Board. City Commission meetings are open to all members of the public. If you have a disability that requires assistance, please contact our ADA Coordinator, David Arnado, at 406.582.3232. Commission meetings are televised live on cable channel 190 and streamed live on our Meeting Videos Page. 2 Memorandum REPORT TO:City Commission FROM:Rhonda Edwards, Accounts Payable Clerk Serena Axelson, Accounts Payable Clerk Aaron Funk, City Controller Melissa Hodnett, Finance Director SUBJECT:Accounts Payable Claims Review and Approval MEETING DATE:January 13, 2026 AGENDA ITEM TYPE:Finance RECOMMENDATION:The City Commission is recommended to make a motion and approve payment of claims as presented. STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND:Montana Code Annotated, Section 7-6-4301 requires claims to be presented to the City Commission within one year of the date the claims accrued. Claims presented to the City Commission under this item have been reviewed and validated by the Finance Department. The Department has ensured that all goods and services have been received along with necessary authorizations and supporting documentation. Please provide approval for checks dated January 14 & 21, 2026. UNRESOLVED ISSUES:None ALTERNATIVES:The City Commission could decide not to approve these claims or a portion of the claims presented. This alternative is not recommended as it may result in unbudgeted late fees assessed against the City. FISCAL EFFECTS:The total amount of the claims to be paid is presented at the bottom of the Expenditure Approval List posted on the City’s website at https://www.bozeman.net/departments/finance/purchasing. Report compiled on: August 21, 2024 3 Memorandum REPORT TO:City Commission FROM:Nick Ross, Director of Transportation Engineering Department Emiliano Esparza, City Engineer SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with WGM Group, Inc, for Wetland Consulting Services for Development Review MEETING DATE:January 13, 2026 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Approve and Authorize the City Manager to Sign a Professional Services Agreement with WGM Group, Inc, for Wetland Consulting Services for Development Review. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:This is a consent item for the City Manager’s signature in order to enter into an agreement for professional services for wetland consulting services to support the development review process. The consultant will perform wetland and watercourse review for substantial conformance with City’s regulations in Sections 38.220, 38.410, and 38.610 of the Bozeman Municipal Code. Wetland consulting services will consist of the review of wetland studies, wetland delineations and other related reports included with development review project applications in accordance with the most current version of the development codes and standards as adopted by the City. Reviews will be assigned to the Consultant on an as-needed basis. The contract will be managed by the Transportation and Engineering Department. Nick Ross, Director of Transportation Engineering Department will be the City’s representative for the contract. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:This project was funded in FY2026 by Community Development application fees. Attachments: WGM Group_PSA Engineering Term Contract_FINAL.pdf 4 Report compiled on: December 31, 2025 5 Professional Services Agreement for Transportation Engineering Term Contract Page 1 of 13 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 13th day of January, 2026 (“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, WGM Group, Inc., Sarah Howell, 109 East Main Street, Suite B, Bozeman, MT 59715, 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 provide professional services for wetland consulting services described in the Scope of Services. 2. Term/Effective Date: This Agreement is effective upon the Effective Date and will expire on the 31st day of December, 2028, or upon completion of the last project-specific Task Order issued prior to 31st day of December, 2028. 3. Scope of Services: Contractor will perform the work and provide the services in accordance with Exhibit A – 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 on a time and material basis in the amount specified in Exhibit A – Scope of Services not to exceed $50,000 per year within the contract period. Contractor shall submit itemized invoices with hours worked per development review project number to the City for work accomplished during each calendar month. The amount of each monthly invoice shall be determined by the time and material used during the invoicing period. 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. 6 Professional Services Agreement for Transportation Engineering Term Contract Page 2 of 13 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific 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. 7 Professional Services Agreement for Transportation Engineering Term Contract Page 3 of 13 Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance 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 8 Professional Services Agreement for Transportation Engineering Term Contract Page 4 of 13 this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: • Workers’ Compensation – statutory; • Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Automobile Liability - $1,000,000 property damage/bodily injury per accident; and • Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. 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. 9 Professional Services Agreement for Transportation Engineering Term Contract Page 5 of 13 The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of 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. 10 Professional Services Agreement for Transportation Engineering Term Contract Page 6 of 13 c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d. The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Nick Ross, Director of Transportation Engineering Department, 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 11 Professional Services Agreement for Transportation Engineering Term Contract Page 7 of 13 purpose of this Agreement shall be Sarah Howell, Project Manager, or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13 Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. 12 Professional Services Agreement for Transportation Engineering Term Contract Page 8 of 13 Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 13 Professional Services Agreement for Transportation Engineering Term Contract Page 9 of 13 18. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 14 Professional Services Agreement for Transportation Engineering Term Contract Page 10 of 13 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 28. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 31. Extensions: This Agreement may, upon mutual agreement, be extended for a period of two (2) additional years for a total of five (5) years by written agreement of the Parties. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 15 Professional Services Agreement for Transportation Engineering Term Contract Page 11 of 13 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 WGM Group, Inc. CONTRACTOR By________________________________ By__________________________________ Chuck Winn, City Manager Mace Mangold, Principal-in-Charge APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 16 Professional Services Agreement for Transportation Engineering Term Contract Page 12 of 13 Exhibit A - SCOPE OF SERVICES 1. SCOPE OF SERVICES FOR WETLAND CONSULTING SERVICES Wetlands and watercourse setbacks review for development applications will be assigned on an as-needed (i.e., on-call) basis. The general wetland and watercourse professional services include: Uphold Bozeman Municipal Code. The consultant will perform wetland and watercourse review for substantial conformance with City’s regulations in Sections 38.220, 38.410, and 38.610 of the Bozeman Municipal Code. This will consist of the review of wetland studies, wetland delineations and other related reports included with development review project applications in accordance with the most current version of the development codes and standards as adopted by the City of Bozeman. Review Project Applications. The consultant will review the project application and wetland related submittal materials including wetland studies, wetland delineations, draft permits and other related reports; will evaluate the impacts that the proposed regulated activities may have on delineated wetlands and provide recommendations on wetlands protection, mitigation and/or enhancement. Develop Recommendations. The consultant will specifically provide the City a recommendation on all proposed wetland buffers; a recommendation on all proposed modifications and impacts to wetland and call out any specific details regarding incomplete or incorrect items on the plans and/or reports, and a description of what corrections or additions are required as well as references to the specific, applicable code sections relating to the deficiencies. The consultant will review any proposed mitigations to wetlands, including type, quality, and location and make a recommendation on the proposed approach. Prepare Reports. A report shall be submitted with wetlands and watercourse setbacks reviews for each project in both paper and digital formats. The report shall include a summary of the written review including clear findings and recommendations. The report shall be completed ten working days from the date that the City submits the application materials to the consultant for review in digital format. Attend Meetings. Attendance at preliminary application or site review or other meetings may be occasionally required. As directed, the consultant may periodically provide support before the Bozeman City Commission as an expert on the subject matter. 17 Professional Services Agreement for Transportation Engineering Term Contract Page 13 of 13 2. FEE FOR WETLAND CONSULTING SERVICES Fee compensation to the contractor for all work directly related to the services outlined in Scope of Services shall be reimbursed on a time and material basis in accordance with the Contractor’s hourly billable rates of $157 per hour for Scientist 2, and $146.00 per hour for Scientist 1. In the event additional services are required beyond what has been outlined in the Scope of Services, the costs and details of services to be provided will need to be negotiated. The City must agree in writing upon any additional services and charges. The total maximum cost of the Wetland Consulting Services Term Contract is $50,000 per year with a contract period of three (3) years with the option to extent for an additional two (2) years for a total of five (5) years. 18 Memorandum REPORT TO:City Commission FROM:Nick Ross, Director of Transportation Engineering Department Emiliano Esparza, City Engineer SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with Naiad, LLC., for Wetland Consulting Services for Development Review MEETING DATE:January 13, 2026 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Approve and Authorize the City Manager to Sign a Professional Services Agreement with Naiad, LLC., for Wetland Consulting Services for Development Review. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:This is a consent item for the City Manager’s signature in order to enter into an agreement for professional services for wetland consulting services to support the development review process. The consultant will perform wetland and watercourse review for substantial conformance with City’s regulations in Sections 38.220, 38.410, and 38.610 of the Bozeman Municipal Code. Wetland consulting services will consist of the review of wetland studies, wetland delineations and other related reports included with development review project applications in accordance with the most current version of the development codes and standards as adopted by the City. Reviews will be assigned to the Consultant on an as-needed basis. The contract will be managed by the Transportation and Engineering Department. Nick Ross, Director of Transportation Engineering Department will be the City’s representative for the contract. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:This project was funded in FY2026 by Community Development application fees. Attachments: Naiad Aquatic_PSA Engineering Term Contract_FINAL.pdf 19 Report compiled on: December 31, 2025 20 Professional Services Agreement for Transportation Engineering Term Contract Page 1 of 13 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 13th day of January, 2026 (“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, Naiad, LLC., Bill Kleindl, 401 South 8th Avenue, Bozeman, MT 59715, 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 provide professional services for wetland consulting services described in the Scope of Services. 2. Term/Effective Date: This Agreement is effective upon the Effective Date and will expire on the 31st day of December, 2028, or upon completion of the last project-specific Task Order issued prior to 31st day of December, 2028. 3. Scope of Services: Contractor will perform the work and provide the services in accordance with Exhibit A – 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 on a time and material basis in the amount specified in Exhibit A – Scope of Services not to exceed $50,000 per year within the contract period. Contractor shall submit itemized invoices with hours worked per development review project number to the City for work accomplished during each calendar month. The amount of each monthly invoice shall be determined by the time and material used during the invoicing period. 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. 21 Professional Services Agreement for Transportation Engineering Term Contract Page 2 of 13 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific 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. 22 Professional Services Agreement for Transportation Engineering Term Contract Page 3 of 13 Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance 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 23 Professional Services Agreement for Transportation Engineering Term Contract Page 4 of 13 this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: • Workers’ Compensation – statutory; • Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Automobile Liability - $1,000,000 property damage/bodily injury per accident; and • Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. 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. 24 Professional Services Agreement for Transportation Engineering Term Contract Page 5 of 13 The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of 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. 25 Professional Services Agreement for Transportation Engineering Term Contract Page 6 of 13 c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d. The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Nick Ross, Director of Transportation Engineering Department, 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 26 Professional Services Agreement for Transportation Engineering Term Contract Page 7 of 13 purpose of this Agreement shall be Bill Kleindl or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13 Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. 27 Professional Services Agreement for Transportation Engineering Term Contract Page 8 of 13 Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 28 Professional Services Agreement for Transportation Engineering Term Contract Page 9 of 13 18. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 29 Professional Services Agreement for Transportation Engineering Term Contract Page 10 of 13 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 28. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 31. Extensions: This Agreement may, upon mutual agreement, be extended for a period of two (2) additional years for a total of five (5) years by written agreement of the Parties. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 30 Professional Services Agreement for Transportation Engineering Term Contract Page 11 of 13 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 Naiad, LLC CONTRACTOR By________________________________ By__________________________________ Chuck Winn, City Manager Bill Kleindl, Owner APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 31 Professional Services Agreement for Transportation Engineering Term Contract Page 12 of 13 Exhibit A - SCOPE OF SERVICES 1. SCOPE OF SERVICES FOR WETLAND CONSULTING SERVICES Wetlands and watercourse setbacks review for development applications will be assigned on an as-needed (i.e., on-call) basis. The general wetland and watercourse professional services include: Uphold Bozeman Municipal Code. The consultant will perform wetland and watercourse review for substantial conformance with City’s regulations in Sections 38.220, 38.410, and 38.610 of the Bozeman Municipal Code. This will consist of the review of wetland studies, wetland delineations and other related reports included with development review project applications in accordance with the most current version of the development codes and standards as adopted by the City of Bozeman. Review Project Applications. The consultant will review the project application and wetland related submittal materials including wetland studies, wetland delineations, draft permits and other related reports; will evaluate the impacts that the proposed regulated activities may have on delineated wetlands and provide recommendations on wetlands protection, mitigation and/or enhancement. Develop Recommendations. The consultant will specifically provide the City a recommendation on all proposed wetland buffers; a recommendation on all proposed modifications and impacts to wetland and call out any specific details regarding incomplete or incorrect items on the plans and/or reports, and a description of what corrections or additions are required as well as references to the specific, applicable code sections relating to the deficiencies. The consultant will review any proposed mitigations to wetlands, including type, quality, and location and make a recommendation on the proposed approach. Prepare Reports. A report shall be submitted with wetlands and watercourse setbacks reviews for each project in both paper and digital formats. The report shall include a summary of the written review including clear findings and recommendations. The report shall be completed ten working days from the date that the City submits the application materials to the consultant for review in digital format. Attend Meetings. Attendance at preliminary application or site review or other meetings may be occasionally required. As directed, the consultant may periodically provide support before the Bozeman City Commission as an expert on the subject matter. 32 Professional Services Agreement for Transportation Engineering Term Contract Page 13 of 13 2. FEE FOR WETLAND CONSULTING SERVICES Fee compensation to the contractor for all work directly related to the services outlined in Scope of Services shall be reimbursed on a time and material basis in accordance with the Contractor’s hourly billable rate of $150 per hour. In the event additional services are required beyond what has been outlined in the Scope of Services, the costs and details of services to be provided will need to be negotiated. The City must agree in writing upon any additional services and charges. The total maximum cost of the Wetland Consulting Services Term Contract is $50,000 per year with a contract period of three (3) years with the option to extent for an additional two (2) years for a total of five (5) years. 33 Memorandum REPORT TO:City Commission FROM:Brian Heaston, Engineer III Shawn Kohtz, Director of Utilities SUBJECT:Authorize the City Manager to Sign Task Order 2 of the Professional Services Agreement with Clear Route Real Estate, LLC. MEETING DATE:January 13, 2026 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign Task Order 2 of the Professional Services Agreement with Clear Route Real Estate, LLC. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:Clear Route Real Estate (“Clear Route”) provides the City with real estate and right-of-way acquisition services through a professional services agreement authorized by City Commission on July 15, 2025. Attached is Task Order 2 under this PSA authorizing Clear Route to perform real estate acquisition services for the City’s ongoing municipal groundwater project. Landowner permissions must be obtained at preliminary well sites prior to drilling test wells, performing aquifer testing, or assessing a site’s geologic suitability for placement of aquifer recharge and mitigation infrastructure. The process of identifying preliminary well sites is nearing completion. Site selection is being informed by complex hydrogeologic modeling by the City’s municipal groundwater consultant, Morrison Maierle. Task Order 2 authorizes Clear Route to perform easement acquisitions for up to five (5) different properties. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:Task Order 2 comes with a cost not to exceed of $25,000 payable on a time and materials basis. Task Order 2 costs will be covered by the water impact fee fund appropriation for capital improvement project WIF33 – Municipal Test Well & Mitigation System Program. Sufficient capital project budget is available to cover the agreed task order services. Attachments: Task Order 2 Proposal_2025-12-18.pdf 34 Report compiled on: January 2, 2026 35 December 18, 2025 Brian Heaston, PE City of Bozeman 20 East Olive St. Bozeman, MT 59715 Subject: City of Bozeman Buyers Agent for R/W FY 2025 - FY 2026 Project Scope of Services – Task Order #2 Municipal Groundwater Facility Project Dear Brian, Clear Route Real Estate is pleased to submit this proposal to provide services for the project referenced above, as outlined in the attached Exhibit A. If the terms of this proposal are acceptable, please indicate your approval by signing and dating the signature page. This document outlines the agreement between the City of Bozeman (the “Client”) and Clear Route Real Estate. The Professional Services Agreement for Realty Professionals, under which Clear Route Real Estate will serve as the City’s Buyer’s Agent for right-of-way acquisition during FY 2025 – FY 2026, is hereby incorporated into and made an integral part of this contract. Project Intent We understand the City of Bozeman is considering locations for a new municipal groundwater facility located in the southern area of Bozeman in the near future. As part of the evaluation process, the City has requested right-of-way (R/W) acquisition services be completed in two phases. The first phase will be to review up to five different property locations to determine which property will best suit the project needs. The second phase will be to conduct acquisition services to acquire real property interests to allow the City to construct a new municipal groundwater facility. Clear Route will initially coordinate with up to five properties and will conduct negotiations with the identified property, further detailed on the attached Exhibit A. Thank you for including our team to assist with this project. Feel free to call me at 406-208-7919 if you have any questions regarding this proposal. If it meets your approval, please mail or email this signed and dated agreement to our office at P.O. Box 6162, Bozeman, MT 59771 or tgaddo@clearroute-re.com. Thank you. Sincerely, Clear Route Real Estate Tony Gaddo, P.E., REALTOR® Senior R/W Consultant, Broker/Owner Enclosures 36 Municipal Groundwater Facility Project Page | 1 12/18/2025 EXHIBIT A Scope of Services The scope of services is detailed below. 1. Project Research a. Obtain and review available preliminary design plans and project documentation b. Coordination meeting with the project team members c. Obtain current deeds and ownership information for up to five parcels 2. Initial Property Owner Contact a. Compile contact information for up to five parcels b. Initiate contact with owners of up to five parcels of land to begin acquisition discussions to determine which parcel to acquire R/W from 3. Title Commitments a. A title commitment will be secured for the selected property requiring permanent property acquisition from a title company b. Team coordination 4. Appraisals and Valuations a. One full appraisal narrative report will be completed by a licensed, insured, certified appraiser for the selected property (Hogan Real Estate Appraisal Group) b. The appraiser will perform a cursory review of property details of up to five parcels to determine appraisal needs in sufficient detail to meet preliminary due diligence requirements. The appraiser will complete a physical inspection of the subject property once selected. Physical property inspections will not be conducted for all properties reviewed during the initial cursory review phase. Due diligence review will include, as available: i. Conservation easements ii. Deed/title restrictions iii. Environnemental site condition documentation c. The appraiser will provide an estimated appraisal report fee once the subject property is determined d. Team coordination e. QA/QC of valuation documents 5. Prepare Contracts a. Prepare one deed/easement and construction permit agreements for the selected property, as required b. Morrison-Maierle (M&M) is completing the project’s survey and engineering design. M&M will prepare and provide necessary R/W exhibits with legal descriptions for acquisition areas for the selected property, as needed. R/W exhibits will be stamped by a professional land surveyor. c. Clear Route will prepare acquisition documents including graphics, figures, maps, letters, and project information d. Prepare acquisition cost details and summary e. QA/QC of documents 37 Municipal Groundwater Facility Project Page | 2 12/18/2025 6. Acquisitions a. Conduct acquisition meetings with property owners of the selected property (minimum of 5 meetings) b. Prepare final acquisition documents c. Prepare final acquisition costs d. QA/QC of documents 7. Title Clearing and Closing a. Prepare final title transfer documents, and schedule closing date for the selected property b. Obtain mortgage releases, clear taxes and leans, as required c. Submittal of completed R/W acquisition offer packages to the City for review and execution d. Team coordination e. Attend closing meetings 8. Final Submittal and Closeout a. Prepare R/W acquisition project submittal packet b. Deliver completed title transfer documents c. QA/QC of deliverables 9. Contingency a. This scope of services incorporates an iterative process to locate, review, and determine a subject property suitable for the project’s needs. Both Client and Clear Route agree that the contingency may be used upon approval of both parties, as needed, to complete the R/W acquisition process. Schedule Clear Route Real Estate and the Client will work together to create a schedule outlining key milestones for starting and completing the project. This schedule will reflect realistic timeframes for services provided by Clear Route and the Client’s other consultants and will incorporate anticipated review and approval periods by the Client and any governing agencies. The schedule will remain flexible and may be revised throughout the project to accommodate changes in scope or design, or to address delays or other factors outside Clear Route Real Estate’s control. Budget and Invoicing Clear Route will bill for its services on a time-and-materials basis with a total cost not to exceed $25,000.00. Clear Route will begin work once this agreement has been signed by both parties. Right-of-Way Acquisition Services 1. Project Research $1,340.00 2. Initial Property Owner Contact $3,090.00 3. Title Commitments $960.00 4. Appraisals and Valuations $620.00 38 Municipal Groundwater Facility Project Page | 3 12/18/2025 5. Prepare Contracts $1,860.00 6. Acquisitions $3,100.00 7. Title Clearing and Closing $620.00 8. Final Submittal and Closeout $310.00 9. Contingency $6,500.00 Subconsultant: Hogan Real Estate Appraisal Group (one appraisal) $6,600.00 Total $25,000.00 Clear Route Real Estate will submit monthly invoices to the Client for services performed during the prior billing period, typically aligning with the calendar month and spanning approximately 30 days. Hogan Real Estate Appraisal Group will bill for its services on a time-and-materials basis with an hourly rate of $185.00 per hour with a total cost not to exceed $6,600.00. The appraiser will begin work once this task order has been executed by both parties. Each invoice will itemize, as applicable, charges based on time or unit rates, as well as any costs for subcontracted consultants and reimbursable expenses. Invoices will be issued promptly following the end of each billing period and will be due upon receipt by the Client. ____________________________________________________________________________ This Task Order is dated January 13, 2026 between City of Bozeman, Montana (City) and Clear Route Real Estate (Contractor). 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 CLEAR ROUTE REAL ESTATE, LLC By: _______________________________ By: _______________________________ Print Name: ________________________ Print Name: ________________________ Print Title: __________________________ Print Title: __________________________ Date: ______________________________ Date: ______________________________ 39 Memorandum REPORT TO:City Commission FROM:Bernie Massey, Assistant Treasurer Laurae Clark, Treasurer Melissa Hodnett, Finance Director SUBJECT:Resolution for the Certification of Delinquent City Assessments to the County MEETING DATE:January 13, 2026 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Approve Resolution for the Certification of Delinquent City Assessments to the Gallatin County as submitted. STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND:MCA 7-6-4182, 7-6-4183 and 7-6-4423. The city or town may provide by ordinance for the collection by its city treasurer or town clerk of all special assessments and taxes levied and assessed in accordance with any of the provisions of part 42 and this part in the same manner and at the same time as taxes for general, municipal, and administrative purposes are collected by the county treasurer. All of the provisions of 7-6-4423 apply to the collection of the special taxes and assessments in the same manner as the provisions apply to the collection of other city or town taxes. Delinquent special assessments must be certified to the county clerk of the county in which the city or town is situated. The county treasurer shall collect the delinquent special assessments and taxes in the same manner and at the same time that taxes for general, municipal, and administrative purposes are collected. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission FISCAL EFFECTS:By certifying the delinquent City Special Assessments to Gallatin County we will ensure the collection of the 1st half amounts that were not paid by the due date of December 1, 2025. The amount we have certified and will in turn collect is $42,946.71 as noted on Schedule “A” attached. These assessments will be placed as a lien against their property and their properties cannot be sold without 40 bringing them current.By certifying the delinquent City Special Assessments to Gallatin County we will ensure the collection of the 1st half amounts that were not paid by the due date of December 1, 2025. The amount we have certified and will in turn collect is $42,946.71 as noted on Schedule “A” attached. These assessments will be placed as a lien against their property and their properties cannot be sold without bringing them current. Attachments: Resolution -Certification of Delinquent 1st half-FY26.docx Report compiled on: December 30, 2025 41 Page 1 of 5 RESOLUTION XXXX A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING ANNUAL AND SEMI-ANNUAL SPECIAL ASSESSMENT INSTALLMENTS DUE AND PAYABLE DECEMBER 1, 2025, AND UNPAID AS OF THAT DATE, DELINQUENT, PURSUANT TO SECTION 7-12-4183, MONTANA CODE ANNOTATED, AND AS PROVIDED BY CHAPTERS 2.32 AND 3.04 OF THE BOZEMAN MUNICIPAL CODE, AND DIRECTING THE FINANCE DIRECTOR TO CERTIFY THE SAME TO THE GALLATIN COUNTY TREASURER FOR COLLECTION. WHEREAS, pursuant to Sec 2.06.670 of the Bozeman Municipal Code, the Finance Director has prepared and filed with the Commission of the City of Bozeman, attached hereto, a report entitled Schedule "A", describing the lot or parcel subject to the assessments, the name and address of persons assessed, showing all annual and semi-annual special assessments due and payable December 1, 2025, and unpaid as of that date, and the amount due thereunder, with penalty; and WHEREAS, pursuant to Sections 7-6-4423 and 7-12-4188, M.C.A., the City Commission of the City of Bozeman deems it necessary and proper, in order to protect the interests of the residents of the City of Bozeman and the bondholders of the respective Special Improvement District bonds, to declare all annual and semi-annual special assessments due and payable by 5:00 p.m. on December 1, 2025, and unpaid as of that date, delinquent and to certify the same to the Gallatin County Treasurer for collection as other delinquent taxes, and the property and/or properties may be sold the same as other property is sold for taxes. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: Section 1 42 Resolution XXXX, Certification of Delinquent Assessments to Gallatin County Page 2 of 5 That all annual and semi-annual special assessments and installments of special assessments, due and payable December 1, 2025, and unpaid as of that date, as set forth in Schedule "A" hereto attached, and made a part hereof, are hereby declared delinquent. Section 2 That the Finance Director is hereby directed to certify all annual and semi-annual special assessments and installments of special assessments delinquent, with penalty, as herein provided, and as shown by Schedule "A", to the County Treasurer of Gallatin County for collection as other delinquent taxes. Section 3 That within ten (10) days from and after the filing of said certificate, the Finance Director shall publish in one issue of the Bozeman Daily Chronicle, Notice as provided by Sec 2.06.680 of the Bozeman Municipal Code. Section 4 That the County Treasurer shall proceed with the collection of all annual and semi-annual special assessments or installments of special assessments, as set forth in Schedule "A", that the same shall be spread upon the delinquent tax list of the County of Gallatin for the Year 2025, and the same shall be collected as other delinquent taxes; and that in the case the same are paid, collection shall be made by the County Treasurer of Gallatin County, as provided by Sections 7-12-4181 and 7- 12-4183, M.C.A., and that in the case the same are not paid, the whole property shall be sold as in the case of other properties sold for non-payment of taxes. Section 5 That the Finance Director, under the direction of the City Manager, shall attend at the time and 43 Resolution XXXX, Certification of Delinquent Assessments to Gallatin County place for sale of the property for delinquent taxes, as provided by Sec 2.06.700 of the Bozeman Municipal Code. Section 6 That a copy of Schedule "A" attached hereto and made a part hereof, shall on or before the 14h day of January 2026 be filed with the County Clerk and Recorder and the County Treasurer of Gallatin County. Section 7 That, pursuant to Sec 2.06 of the Bozeman Municipal Code, attached hereto and made a part hereof, shall be a certificate of the Finance Director. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 13th day of January 2026. ___________________________________ JOEY MORRISON Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 44 Resolution XXXX, Certification of Delinquent Assessments to Gallatin County CERTIFICATE OF FINANCE DIRECTOR I, Melissa Hodnett, duly appointed, qualified and acting as Finance Director of the City of Bozeman, Montana, do hereby certify that the attached schedule marked Schedule "A" and made a part of Commission Resolution No. XXXX is a true and correct list of all annual and semi- annual delinquent special assessments and subsequent installments of special assessments due and owing the City of Bozeman as of December 1, 2025, at 5:00 p.m. That this certification and Schedule "A" attached hereto are made pursuant to and in conformance with Sec 2.06 of the Bozeman Municipal Code of the City of Bozeman, Montana. IN WITNESS WHEREOF, I hereunto set my hand this 13th day of January 2026. __________________________________ MELISSA HODNETT Finance Director 45 Version April 2020 NOTICE NOTICE IS HEREBY GIVEN by the Finance Director for the City of Bozeman, Montana, that she has certified to the Treasurer of Gallatin County a list of all property and of the persons assessed for delinquent taxes and assessments which will be sold at public auction by the Gallatin County Treasurer unless re-instated prior to such auction by paying all delinquent taxes, together with interest, penalties and costs incurred. A list of all delinquent properties and persons assessed is on file and subject to public inspection in the offices of the Gallatin County Treasurer, Gallatin County Courthouse, 311 West Main Street, and Finance Director for the City of Bozeman, 121 N Rouse Ave., Bozeman, Montana. DATED this 13th day of January 2026 __________________________________ MELISSA HODNETT Finance Director City of Bozeman Legal Ad Publish: Saturday January 17, 2026 46 Memorandum REPORT TO:City Commission FROM:Bernie Massey, Assistant Treasurer Laurae Clark, Treasurer Melissa Hodnett, Finance Director SUBJECT:Resolution for the Intent to Create a Special Improvement Lighting District 794 for Jarrett Subdivision Phase 1 MEETING DATE:January 13, 2026 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Adopt Commission Resolution for the Intent to Create Special Improvement Lighting District 794 for Jarrett Subdivision Phase 1 STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND:7-12-4301. Special improvement districts for lighting streets authorized. (1) The council of any city or town is authorized to: (a) create special improvement districts embracing any street or streets or public highway therein or portions thereof and property adjacent thereto or property which may be declared by said council to be benefited by the improvement to be made for the purpose of lighting such street or streets or public highway; (b) require that all or any portion of the cost of installing and maintaining such lighting system be paid by the owners of the property embraced within the boundaries of such districts; and (c) assess and collect such portion of such cost by special assessment against said property. (2) The governing body may create special lighting districts on any street or streets or public highway for the purpose of lighting them and assess the costs for installation and maintenance to property abutting thereto and collect the costs by special assessment against the property UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission FISCAL EFFECTS:As a result of creating this lighting district, the city will pay the associated power bills and schedule system maintenance. We will recover these costs 47 by billing property owners each year on their City Assessment bill. It is estimated to cost $20.37 per acre within the district or $113.28 annually for the entire district. Attachments: Resolution 2026-XX Intent to Create SILD 794.docx Exhibit A.pdf Exhibit B.pdf Report compiled on: December 23, 2025 48 RESOLUTION 2026-XX A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 794 (JARRETT SUBDIVISION PHASE 1) DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS OF MAINTENANCE AND ENERGY THEREFOR TO BENEFITED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana to wit: Section 1 Intention to Create District; Proposed Improvements. It is the intention of this Commission to create and establish in the City under Montana Code Annotated, Title 7, Chapter 12, Part 43, as amended, a special improvement lighting district to serve Jarrett Subdivision Phase 1 (the “District”) for the purpose of maintenance and energy costs. The district will pay the maintenance and energy costs for: eight (8) 15-watt Roadway Cobrahead with a single Tapered Upsweep Luminaire Arm with a hunter green finish mounted on 30-foot straight poles per City of Bozeman standards. The initial monthly charge per fixture per month (the “Monthly Charge”) 49 Resolution of Intent to Create Lighting District 794 Page 2 of #NUM_PAGES# is estimated as follows: $1.18 per 15-watt LED fixture. This calculates annually to $14.16 per 15- watt light, for an estimated total annual cost of $113.28. Section 2 Number of District. The District, if the same shall be created and established, shall be known and designated as Special Improvement Lighting District No. 794 (Jarrett Subdivision Phase 1) of the City of Bozeman, Montana. Section 3 Boundaries of District. The limits and boundaries of the District are depicted on a map attached as Exhibit A hereto (which is hereby incorporated herein and made a part hereof), which boundaries are designated and confirmed as the boundaries of the District. A listing of each of the properties in the District is shown on Exhibit B hereto (which is hereby incorporated herein and made a part hereof). Section 4 Benefited Property. The District and territory included within the limits and boundaries described in Section 3 and as shown on Exhibit A are hereby declared to be the special lighting district and the territory which will benefit and be benefited by the District and will be assessed for the costs of the District as described in Section 1. The District, in the opinion of this Commission, are of more than local and ordinary benefit. The property included within said limits and boundaries is hereby declared to be the property benefited by the District. 50 Resolution of Intent to Create Lighting District 794 Page 3 of #NUM_PAGES# Section 5 Assessment Methods. All properties within the District are to be assessed for a portion of the maintenance and energy costs, as specified herein. The maintenance and energy costs shall be assessed against the property in the District benefiting, based on the actual area method of assessment described in Sections 7-12-4323, MCA, as particularly applied and set forth in this Section 5. The annual maintenance and energy costs are estimated at $113.28, and shall be assessed against each lot, tract or parcel of land in the District for that part of the costs that the area of such lot, tract or parcel bears to the total area of all lots, tracts or parcels of land in the District, exclusive of streets, avenues and alleys. The total area of the District to be assessed is 5.56 acres, or 242,190 square feet, exclusive of parks and open space. The initial costs per acre shall be $20.37 or $0.000468 per square foot annually. Section 6 Payment of Assessments. Special assessments for the annual maintenance and energy costs are estimated at $113.28, plus any increases, as may be permitted by the Public Service Commission, and any additional authorized charges shall be levied each year against all properties in the District and shall be payable in equal semiannual installments. The first year of special assessment billing will include an additional amount not to exceed $500 for publication and mailing associated with creation of the District which shall be assessed in the same manner as the improvements resulting in a cost not to exceed $110.30 per acre, or $0.002532 per square foot. Section 7 Extraordinary Repair or Replacement. The maintenance and energy costs and assessments set 51 Resolution of Intent to Create Lighting District 794 Page 4 of #NUM_PAGES# forth in Section 1 and 5 are based on normal conditions and do not cover charges for repair and/or replacement. The City may make an additional charge to the District for costs of labor and actual material costs for repairs and/or replacement of the fixtures for damage caused by third parties and not paid by such third parties. The City will assess such costs and charges against the properties in the District in the same manner as the other assessment is made. Section 8 Discontinuation of District. If at any time after the initial term of the District a petition is presented to the City Commission, signed by the owners or agents of more than three-fourths of the total amount of property within the District, asking that the maintenance and operation of the special lighting system and the furnishing of electrical current in the district be discontinued, or if a majority of the City Commission votes to discontinue the District, the City Commission shall, by resolution, provide for discontinuing the maintenance and operation of the lighting system. If the Commission has, prior to the presentation of a petition or by a majority vote of the Commission to discontinue the District, entered into any contract for the maintenance and operation of the lighting system, the maintenance and operation may not be discontinued until after the expiration of the contract. Section 9 Public Hearing; Protests. Written protests against the creation or modification of the District and the costs may be filed by an agent, person, firm, or corporation owning real property within the proposed District, whose property is liable to be assessed for the costs. Protests must be delivered to the City Clerk at City Hall, 121 N Rouse Ave, Bozeman, MT not later than 5:00 p.m. on Monday, February 3, 2026. 52 Resolution of Intent to Create Lighting District 794 Page 5 of #NUM_PAGES# If protests are received by the deadline, the City Commission will hear and pass upon all written protests against the creation or extension of the district, on Tuesday, February 11, 2026 at 6:00 pm in the City Commission Room, Bozeman City Hall, 121 N Rouse Ave, Bozeman, Montana. If no protests are received, the City Commission may, on the same date, time, and location, pass a Resolution authorizing the creation or modification of the district. Section 10 Notice of Passage of Resolution of Intention. The City Clerk is hereby authorized and directed to publish or cause to be published a copy of a notice of the passage of this resolution in the Bozeman Daily Chronicle, a newspaper of general circulation in the county on January 18, 2026 and January 25, 2026, in the form and manner prescribed by law, and to mail or cause to be mailed a copy of said notice to every person, firm, corporation, or the agent of such person, firm, or corporation having real property within the District listed in his or her name upon the last completed assessment roll for state, county, and school district taxes, at his last-known address, on or before the same day such notice is first published. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 13th day of January 2026. 53 Resolution of Intent to Create Lighting District 794 Page 6 of #NUM_PAGES# ___________________________________ JOEY MORRISON Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 54 Resolution of Intent to Create Lighting District 794 CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE I, the undersigned, being the duly qualified and acting recording officer of the City of Bozeman, Montana (the “City”), hereby certify that the attached resolution is a true copy of Resolution No. 2026-XX, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 794 (JARRETT SUBDIVISION PHASE 1) DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR MAINTENANCE AND ENERGY THEREFOR TO BENEFITED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT, (the “Resolution”), on file in the original records of the City in my legal custody; that the Resolution was duly adopted by the City Commission of the City of Bozeman at a meeting on January 13, 2026, and that the meeting was duly held by the City Commission and was attended throughout by a quorum, pursuant to call and notice of such meeting given as required by law; and that the Resolution has not as of the date hereof been amended or repealed. I further certify that, upon vote being taken on the Resolution at said meeting, the following Commissioners voted in favor thereof: _____ ____________________ ; voted against the same: ___________ ___ ; abstained from voting thereon: ________________ ; or were absent: _______________ . WITNESS my hand officially this 13th day of January 2026. ___________________________________ MIKE MAAS City Clerk 55 Resolution of Intent to Create Lighting District 794 NOTICE OF PASSAGE OF RESOLUTION OF INTENTION TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 794 (JARRETT SUBDIVISION PHASE 1) CITY OF BOZEMAN, MONTANA NOTICE IS HEREBY GIVEN that on January 13, 2026, the City Commission (the “Commission”) of the City of Bozeman, Montana (the “City”), adopted a Resolution of Intention No. 2026-XX to create Special Improvement Lighting District No. 794 (the “District”) for the purpose of maintaining lighting and assessing the cost for maintenance and energy to Jarrett Subdivision Phase 1, and paying maintenance and energy costs relating thereto. A complete copy of the Resolution of Intention (the “Resolution”) No. 2026-XX is on file with the City Clerk which more specifically describes the nature of the costs, the boundaries and the area included in the District, the location of the Improvements and other matters pertaining thereto and further particulars. A list of properties in the District and the amount of the initial assessment accompanies this notice. The Resolution and accompanying exhibits may be also viewed on the City’s website at www.bozeman.net. The district will pay the maintenance and energy costs for: eight (8) 15-watt Roadway Cobra head with a single Tapered Upsweep Luminaire Arm with a hunter green finish mounted on 30-foot straight poles per City of Bozeman standards. The initial monthly charge per fixture per month (the “Monthly Charge”) is estimated as follows: $1.18 per 15-watt LED fixture. This calculates annually to $14.16 per 15-watt light, for an estimated total annual cost of $113.28. The total area of the District to be assessed is 5.56 acres, 242,190 square feet, exclusive of parks and open space. The initial costs of the Improvements per acre shall be $113.28. The first year of special assessment billing will include an additional amount not to exceed $500 for 56 Resolution of Intent to Create Lighting District 794 publication and mailing associated with creation of the District which shall be assessed in the same manner as the Improvements resulting in a cost not to exceed $20.37 per acre, or $0.002532 per square foot. Written protests against the creation or extension of the District and the costs may be filed by an agent, person, firm or corporation owning real property within the proposed District whose property is liable to be assessed for the costs. Such protests must be delivered to the City Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana not later than 5:00 p.m., M.T., on February 3, 2026. If protests are received by the deadline, the City Commission will hear and pass upon all written protests against the creation or extension of the District, or the Improvements, on Tuesday, February 11, 2026, at 6:00 p.m., in the Commission Room at City Hall 121 N Rouse Ave, Bozeman, Montana. If no protests are received, the City Commission may, on the same date, time, and location, pass a Resolution authorizing the creation or modification of the district. Further information regarding the proposed District or other matters in respect thereof may be obtained from the City Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana or by telephone at (406) 582-2320. DATED this 13th day of January 2026. MIKE MAAS City Clerk City of Bozeman Legal Ad Publication Dates: Saturday, January 18, 2026 Saturday, January 25, 2026 57 Resolution of Intent to Create Lighting District 794 RESOLUTION 2026-XX Resolution of Intent to create Special Improvement Lighting District No. 794 for the purpose of maintaining lighting and assessing the cost for maintenance and energy to Jarrett Subdivision Phase 1 and paying maintenance and energy costs relating thereto. AFFIDAVIT OF MAILING MIKE MAAS, City Clerk, being first duly sworn, says: That I cause to be mailed first class the Notice in regard to the owners in Special Improvement Lighting District No. 794, as listed in Exhibit "B", on Friday, January 16, 2026, directed to the owners at the addresses shown on Exhibit "B". ______________________________ MIKE MAAS City Clerk 58 L1C 590'SOUTH 15TH AVENUES 15°09'19" W 938.88' (R&M)N 01°07'32" E 622.32' (R&M)B L O C K 130'30'35' wide public street & utilityeasement per Plat of South UniversityDistrict Phase 2 - J-60535'35'S 89°19'59" E 128.60' (R&M)Lot 1Lot 10Lot 2Lot 3Lot 4Lot 9Lot 5Lot 8B L O C K 1B L O C K 1B L O C K 1BLOCK 2B L O C K 3Lot 1Lot 2Lot 3Lot 4Lot 7Lot 9Lot 10C 1C 2C 4C6 N 01°07'32" E 1322.42' (R&M)S 89°19'59" E 1232.00' (R&M)Lot 25Lot 43Lot 42Lot 41Lot 40Lot 39Lot 38Lot 37Lot 36Lot 34Lot 35Lot 33OS-1B60'30'30'60'60'30'ALLEYSTREET 'A'2413B L O C K 1035' wide public street andutility easement per Plat J-702A(Dedicated per this plat)35' wide public street & utilityeasement per Doc. No. 2584907(Dedicated per this plat to this line)30' wide public street andutility easement per Plat J-702A(Dedicated per this plat)60' wide public street andutility easement per Plat J-702ALot 1Lot 2Lot 3Lot 4Lot 5Lot 6Lot 7Lot 8Lot 9OS-1ALot 10Lot 11Lot 6 Lot 7Lot 11Lot 12Lot 13Lot 14Lot 5 Lot 6Lot 8Lot 11Lot 1210' wide utilityeasement10' wide utilityeasement10' wide utilityeasement10' wide utilityeasement10' wide utilityeasement10' wide utilityeasement10' wide utilityeasement10' wide utilityeasement10' wide utilityeasementLot 12Lot 13Lot 14Lot 16Lot 1560' wide public street andutility easement per Plat J-702A(p/o vacated per this plat)P H A S E ILot 17Lot 18Lot 19Lot 20Lot 21Lot 22Lot 23Lot 24Lot 26Lot 27Lot 28Lot 29Lot 30Lot 31Lot 3260' wide public street andutility easement per Plat J-702A10' wide utilityeasement30' wideP.U.E.30' wideP.U.E.30' wideP.U.E.10' wide utilityeasementARNOLD STREETSOUTH 11th AVENUE(Public street dedicated to Cityper Allison Sub. Ph. 4A and SouthUniversity District Ph 2 Minor Sub, J-605)STAUDAHER STREETSOUTH 11th AVENUE(Public street easement per Doc. No. 2584907)1' No Access Strip alongSouth 11th AvenueSOUTH 13th AVENUE10' wide utilityeasement10' wide utilityeasementLot 1Lot development subjectto further subdivision reviewArea = 286,993 sf6.588 acLot 1Lot development subjectto further subdivision reviewArea = 30,9641 sf7.108 acB L O C K 4, 5 & 6B L O C K 7FUTURE PHASESOUTH 14THAVENUECHINNIE STREETAPPLE BLOSSOM WAYNORTH ALLEY35' wide public street & utilityeasement per Plat of South UniversityDistrict Phase 2 - J-605Lot 15L=27.85'35' wide public street & utilityeasement per Plat of South UniversityDistrict Phase 2 - J-605Public Park EasementArea = 6.75 acres10' wide utilityeasementLot 2A, Block 10JARRETT SUBDIVISION PHASE IA tract of land being Lot 1 & Lot 2 of the Amended Plat of Lot 1, Block 9, Allison Subdivision Phase 4A (Plat ref.J-702) & the SE1/4NW1/4 Sec. 24 of C.O.S. 252 & C.O.S. 792 AND Lot 3A of the Amended Plat of Lot 2, Block 7,Allison Subdivision Phase 4A (Plat ref. J-702) & Lot 3 of Amended Plat of Lot 1, Block 9, Allison SubdivisionPhase 4A (Plat ref. J-702) & the SE1/4NW1/4 Sec. 24 of C.O.S. 252 & C.O.S. 792 (Plat ref. J-702A) located inthe NE1/4, SE1/4, SW1/4 and NW1/4 of Sec. 24, T2S, R5E, P.M.M., City of Bozeman, Gallatin County, MontanaPROJECT SURVEYOR:DRAWN BY:REVIEWED BY:DATE: 09/25/2025 PROJ. No. MT-020-051-24-525.12-25SHEET OF5MSLMSLJSM525-12 BASE.DWGMERIDIAN LANDSURVEYING, INC.4135 Valley Commons Drive, Suite C, Bozeman MT 59718Phone (406) 624-6565e-mail: office@bozemansurveyor.comENGINEERING895 Technology BoulevardSuite 203, Bozeman MT 59718(406) 586-0262 | (406) 586-5740 FAXwww.wwcengineering.com50' 50' 100' 150'SCALE: 1" = 50'NSEWBASIS OF BEARINGS:Montana State Plane Coordinate System Grid North(NAD83, Single Zone), established throughGPS observations.SHEET INDEX:Sheet 1 - Final Plat - CertificatesSheet 2 - Final Plat - Overall site (1" = 100')Sheet 3 - Final plat - Development lots (1" = 50')Sheet 4 - Conditions of approval (1" = 100')Sheet 5 - Conditions of approval (1" = 50')NOTES:1. Federal, state and local plans, policies, regulations, and/or conditions ofsubdivision approval that may limit the use of the property, including the location,size, and use are shown on the Conditions of Approval sheet.2. Buyers of property should ensure that they have obtained and reviewed allsheets of the plat and all documents recorded and filed in conjunction with theplat and that buyers of property are strongly encouraged to contact the localplanning department and become informed of any limitations on the use of theproperty prior to closing.DRAFT59 Blk Lot Address Sq Ft Owner Owner Address City State Zip 1 1 3634 Yvonne Jarrett 4124 Stimson Ln Belgrade MT 59714 1 2 3007 Yvonne Jarrett 4124 Stimson Ln Belgrade MT 59714 1 3 3002 Yvonne Jarrett 4124 Stimson Ln Belgrade MT 59714 1 4 3000 Yvonne Jarrett 4124 Stimson Ln Belgrade MT 59714 1 5 3001 Yvonne Jarrett 4124 Stimson Ln Belgrade MT 59714 1 6 3007 Yvonne Jarrett 4124 Stimson Ln Belgrade MT 59714 1 7 3001 Yvonne Jarrett 4124 Stimson Ln Belgrade MT 59714 1 8 3047 Yvonne Jarrett 4124 Stimson Ln Belgrade MT 59714 1 9 4404 Yvonne Jarrett 4124 Stimson Ln Belgrade MT 59714 1 10 3001 Yvonne Jarrett 4124 Stimson Ln Belgrade MT 59714 1 11 3005 Yvonne Jarrett 4124 Stimson Ln Belgrade MT 59714 1 12 4015 Yvonne Jarrett 4124 Stimson Ln Belgrade MT 59714 1 13 4812 Yvonne Jarrett 4124 Stimson Ln Belgrade MT 59714 1 14 5018 Yvonne Jarrett 4124 Stimson Ln Belgrade MT 59714 1 15 3245 Yvonne Jarrett 4124 Stimson Ln Belgrade MT 59714 1 16 3472 Yvonne Jarrett 4124 Stimson Ln Belgrade MT 59714 1 17 3472 Yvonne Jarrett 4124 Stimson Ln Belgrade MT 59714 1 18 3472 Yvonne Jarrett 4124 Stimson Ln Belgrade MT 59714 1 19 3472 Yvonne Jarrett 4124 Stimson Ln Belgrade MT 59714 1 20 3472 Yvonne Jarrett 4124 Stimson Ln Belgrade MT 59714 1 21 3472 Yvonne Jarrett 4124 Stimson Ln Belgrade MT 59714 1 22 3472 Yvonne Jarrett 4124 Stimson Ln Belgrade MT 59714 1 23 3472 Yvonne Jarrett 4124 Stimson Ln Belgrade MT 59714 1 24 4506 Yvonne Jarrett 4124 Stimson Ln Belgrade MT 59714 1 25 4448 Yvonne Jarrett 4124 Stimson Ln Belgrade MT 59714 1 26 3472 Yvonne Jarrett 4124 Stimson Ln Belgrade MT 59714 1 27 3472 Yvonne Jarrett 4124 Stimson Ln Belgrade MT 59714 1 28 3472 Yvonne Jarrett 4124 Stimson Ln Belgrade MT 59714 1 29 3472 Yvonne Jarrett 4124 Stimson Ln Belgrade MT 59714 1 30 3472 Yvonne Jarrett 4124 Stimson Ln Belgrade MT 59714 1 31 3474 Yvonne Jarrett 4124 Stimson Ln Belgrade MT 59714 1 32 3949 Yvonne Jarrett 4124 Stimson Ln Belgrade MT 59714 1 33 3908 Yvonne Jarrett 4124 Stimson Ln Belgrade MT 59714 1 34 3090 Yvonne Jarrett 4124 Stimson Ln Belgrade MT 59714 1 35 4016 Yvonne Jarrett 4124 Stimson Ln Belgrade MT 59714 1 36 3004 Yvonne Jarrett 4124 Stimson Ln Belgrade MT 59714 1 37 3004 Yvonne Jarrett 4124 Stimson Ln Belgrade MT 59714 1 38 3004 Yvonne Jarrett 4124 Stimson Ln Belgrade MT 59714 1 39 3004 Yvonne Jarrett 4124 Stimson Ln Belgrade MT 59714 1 40 3004 Yvonne Jarrett 4124 Stimson Ln Belgrade MT 59714 1 41 3004 Yvonne Jarrett 4124 Stimson Ln Belgrade MT 59714 1 42 3004 Yvonne Jarrett 4124 Stimson Ln Belgrade MT 59714 1 43 3518 Yvonne Jarrett 4124 Stimson Ln Belgrade MT 59714 2 1 3523 Yvonne Jarrett 4124 Stimson Ln Belgrade MT 59714 2 2 3442 Yvonne Jarrett 4124 Stimson Ln Belgrade MT 59714 2 3 3470 Yvonne Jarrett 4124 Stimson Ln Belgrade MT 59714 2 4 3470 Yvonne Jarrett 4124 Stimson Ln Belgrade MT 59714 Jarrett Subdivision Phase 1 Yvonne Jarrett Lot 3A Block 1 Amended Plat of Lot 2 Block 7 Allison Sub Phase 4A (Plat J-702B) 60 2 5 3470 Yvonne Jarrett 4124 Stimson Ln Belgrade MT 59714 2 6 3290 Yvonne Jarrett 4124 Stimson Ln Belgrade MT 59714 2 7 5000 Yvonne Jarrett 4124 Stimson Ln Belgrade MT 59714 2 8 5000 Yvonne Jarrett 4124 Stimson Ln Belgrade MT 59714 2 9 3065 Yvonne Jarrett 4124 Stimson Ln Belgrade MT 59714 2 10 3321 Yvonne Jarrett 4124 Stimson Ln Belgrade MT 59714 2 11 3240 Yvonne Jarrett 4124 Stimson Ln Belgrade MT 59714 2 12 3240 Yvonne Jarrett 4124 Stimson Ln Belgrade MT 59714 2 13 3085 Yvonne Jarrett 4124 Stimson Ln Belgrade MT 59714 2 14 3570 Yvonne Jarrett 4124 Stimson Ln Belgrade MT 59714 3 1 3602 Yvonne Jarrett 4124 Stimson Ln Belgrade MT 59714 3 2 3324 Yvonne Jarrett 4124 Stimson Ln Belgrade MT 59714 3 3 3294 Yvonne Jarrett 4124 Stimson Ln Belgrade MT 59714 3 4 3300 Yvonne Jarrett 4124 Stimson Ln Belgrade MT 59714 3 5 4005 Yvonne Jarrett 4124 Stimson Ln Belgrade MT 59714 3 6 4297 Yvonne Jarrett 4124 Stimson Ln Belgrade MT 59714 3 7 3803 Yvonne Jarrett 4124 Stimson Ln Belgrade MT 59714 3 8 3381 Yvonne Jarrett 4124 Stimson Ln Belgrade MT 59714 3 9 3352 Yvonne Jarrett 4124 Stimson Ln Belgrade MT 59714 3 10 3330 Yvonne Jarrett 4124 Stimson Ln Belgrade MT 59714 3 11 3346 Yvonne Jarrett 4124 Stimson Ln Belgrade MT 59714 3 12 3698 Yvonne Jarrett 4124 Stimson Ln Belgrade MT 59714 242,190.00 Total Lot Square Footage 5.56 Total Lot Acreage 61 Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Chris Saunders, Community Development Manager Erin George, Interim Director of Community Development SUBJECT:Resolution, Adoption of the 1727 Kenyon Drive Annexation, Annexing 0.903 acres, Application 25051 MEETING DATE:January 13, 2026 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Adopt Resolution 2026- _____. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:The Commission unanimously (5:0) approved Application 25051 on August 13, 2025, to annex 0.903 acres and establish an initial zoning designation of R-1, Residential Low-Density District, subject to terms of annexation and contingencies for zoning. Final documents and easements have been received. The property is addressed at 1727 Kenyon Drive. The property owner owns two adjacent parcels, one being in city limits and the other, the subject of the annexation, was not. The property not within city limits is undeveloped. The property is currently zoned R-S, Residential Suburban, in the Gallatin County Bozeman Area Zoning district. There are no structures on the property to be annexed. Annexed property adjacent are zoned R-1 and other un-annexed properties are also zoned R-S in the County, including a portion of the Burk Park (Peets Hill). The Bozeman Community Plan 2020 (BCP2020) designates this and the surrounding property as Urban Neighborhood on the Future Land Use Map. The R-1 district is an implementing district of this land use classification. Upon final review and examination of the parcel description it was determined the property has been aggregated through an amended plat process, see the Aldworth’s Rearrangement, Plat J-287). Therefore, Term of Annexation No. 12 which stated, “A legal instrument, signed by the property 62 owner, must be filed in the Office of the Gallatin County Clerk and Recorder concurrently with the annexation agreement stating that the subject property may not be sold or transferred separately from the parent parcel without prior written approval of the City. The City will prepare the instrument for final signing and recordation with the Gallatin County Clerk and Recorder Office,” is moot and not included in the signed annexation agreement. UNRESOLVED ISSUES:None ALTERNATIVES:As determined by the Commission FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Annexation or Zone Map Amendment. Future development will incur costs and generate review according to standard City practices. Attachments: 25051 1727 Kenyon Drive Annexation Resolution 2026- _____.pdf 002_A802_Proposed Annexation Plan.pdf 25051 1727 Kenyon Drive Annexation Agreement Not Signed.pdf Report compiled on: December 22, 2025 63 Version April 2020 Page 1 of 3 RESOLUTION 2026 - _____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF CERTAIN CONTIGUOUS TRACTS OF LAND, HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF THE CITY OF BOZEMAN AND THE EXTENSION OF THE BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACTS, KNOWN AS THE 1727 KENYON DRIVE ANNEXATION, APPLICATION 25051. WHEREAS, the City of Bozeman received a petition for annexation from the property owner, Hal Stanley, requesting the City Commission to extend the boundaries of the City of Bozeman so as to include an area of land containing approximately 0.903 acres, described herein; and WHEREAS, an annexation staff report was prepared in accordance with the Commission's goals and policies for annexation and was presented to the Commission on August 12, 2025; and WHEREAS, a public meeting on said annexation petition was duly noticed and held on August 12, 2025; and WHEREAS, the City received no written protest from real property owners of the area to be annexed; and WHEREAS, on January 13, 2026, the Commission received the executed annexation agreement addressing all recommended terms of annexation; and WHEREAS, the provision of available services, including, but not limited to, streets, rights-of-way, easements, water rights or cash-in-lieu, waivers of protest against creation of SID's, and water and sewer hookup fees, to said contiguous tracts as described is the subject of a written agreement between the City and the Landowner; and WHEREAS, the Bozeman City Commission hereby finds that the annexation of this 64 Version April 2020 Page 2 of 3 contiguous tract is in the best interests of the City of Bozeman and the inhabitants/owners thereof. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: Section 1 That it is hereby declared that, pursuant to Title 7, Chapter 2, Part 46, Mont. Codes Ann., the following-described property, which is contiguous to the municipal boundaries of the City of Bozeman, be annexed to the City of Bozeman and that the boundaries of said City shall be extended so as to embrace and include such approximately 0.903 acres, to wit: Legal Description A portion of Lot C of Aldworth’s Rearrangement (Plat J-287), located in the east half of the southeast one-quarter of Section 18, Township 2 South, Range 5 East, P.M.M. City of Bozeman, Gallatin County, Montana. More particularly described as follows; Beginning at an R.W. Allen Aluminum Cap (AC) in the Northwest corner of Tract C of Aldworth's Rearrangement (Plat J-287); thence S 28°40'25" E a distance of 154.74 feet to an R.W. Allen AC; thence S 03°40'38" W a distance of 219.43 feet to a nail and washer; thence N 52°35'00" E a distance of 135.14 feet to a 1" Swart Nickel Plated cap; thence N 52°36'21" E a distance of 173.62 feet to a 1" Swart Nickel Plated cap; thence N 64°14'53" W a distance of 107.22 feet along the property boundary common to Lot 2 of Graf's First Sub-Division, to a calculated position; thence continuing along the line common to Graf's First Sub-Division, N 65°23'31" W, a distance of 142.83 feet to a calculated position; thence N 28°38'42" W a distance of 92.18 feet to a calculated position; thence leaving Graf's First Sub-Division, S 60°25'40" W a Distance of 40.04 feet to the Point of Beginning, containing 0.903 Acres, more or less. Subject to all easements of record or apparent from a visual inspection of the property. All as depicted on the 1727 Kenyon Drive Annexation Map. 65 Version April 2020 Page 3 of 3 Section 2 This Resolution is effective upon recording with the Gallatin County Clerk and Recorder. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the ___th day of _____________, 2026. ___________________________________ JOEY MORRISON Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 66 ALDWORTHS REARR, S18, T02 S, R06 E, ACRES 0.907,S PT OF LOT C BEYOND CITY LIMITS IN SE4, PLAT J-287 IN SD 7R-09(RGH4258 IN SD 7C-08)ALDWORTHS REARR, S18, T02 S, R06 E, ACRES 0.944, N PT OF LOT C WITHIN CITY LIMITS IN SE4, PLAT J-287 IN SD 7C-08(RGH44178 IN SD 7R-09)LOT 2LOT 17-AOCONNELL DR.60'-0" R.O.WLOT 16LOT 15-ALOT 14-ALOT BLOT ALOT 4KENYON DR.60'-0" R.O.W.LOT ASEWERWATERTHE SURROUNDING LAND USE IS SINGLE-HOUSEHOLD RESIDENTIAL WITH SOME NEARBY CITY-OWNED PARKLAND AND CITY-OWNED UNDEVELOPED LANDSEE ZONING MAPS FOR EXISTING AND PROPOSED ZONING1.901 ACRES82,807.56 SFCITY LIMITSSTRUCTURES ON PROPERTYTHIS PORTION OF LOT TO BE ANNEXEDCHANGE IN CITY BOUNDARIESTHIS PORTION OF LOT IS ALREADY IN THE CITYSINGLE-FAMILY RESIDENCESINGLE-FAMILY RESIDENCESINGLE-FAMILY RESIDENCESINGLE-FAMILY RESIDENCESINGLE-FAMILY RESIDENCESINGLE-FAMILY RESIDENCESINGLE-FAMILY RESIDENCESINGLE-FAMILY RESIDENCECITY-OWNED UNDEVELOPED LAND(E) PROPERTY LINECONSTRUCTIVE SOLUTIONS, INC COPYRIGHT 2024PROJECT #:PHASEPRE SDDDCDDATEPO BOX 11529, BOZEMAN, MT 59719406 404-1560 www.constructivesolutionsmt.com24X36654321EDCBANOT FOR CONSTRUCTION USE5/27/2025 12:53:39 PM5/27/202512:53:39PMA802PROPOSED ANNEXATION PLAN1727 KENYON DRIVE ANNEXATION1727 KENYON DR.BOZEMAN, MT 59715ANNEXATION24602----1" = 40'-0"1PROPOSED ANNEXATION PLANN67 1727 KENYON DRIVE ANNEXATION Agreement 1 Inter-office Original to: City of Bozeman City Clerk PO Box 1230 Bozeman, MT 549771-1230 1727 KENYON DRIVE ANNEXATION AGREEMENT THIS AGREEMENT made and entered into this ______ day of __________________, 2025, by and between the CITY OF BOZEMAN, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana with offices at 121 N. Rouse Avenue, Bozeman, Montana 59771-0640, hereinafter referred to as "City", and Hal Stanley, 1727 Kenyon Drive, Bozeman, MT 59715, hereinafter referred to as "Landowner". WITNESSETH: WHEREAS, Landowner is owner in fee of a tract of certain real property, hereinafter referred to as the 1727 KENYON DRIVE ANNEXATION situated in Gallatin County, Montana, and more particularly described as follows: An area of land comprised described as follows: A portion of Lot C of Aldworth’s Rearrangement (Plat J-287), located in the east half of the southeast one-quarter of Section 18, Township 2 South, Range 5 East, P.M.M. City of Bozeman, Gallatin County, Montana. More particularly described as follows; 68 1727 KENYON DRIVE ANNEXATION Agreement 2 Beginning at an R.W. Allen Aluminum Cap (AC) in the Northwest corner of Tract C of Aldworth's Rearrangement (Plat J-287); thence S 28°40'25" E a distance of 154.74 feet to an R.W. Allen AC; thence S 03°40'38" W a distance of 219.43 feet to a nail and washer; thence N 52°35'00" E a distance of 135.14 feet to a 1" Swart Nickel Plated cap; thence N 52°36'21" E a distance of 173.62 feet to a 1" Swart Nickel Plated cap; thence N 64°14'53" W a distance of 107.22 feet along the property boundary common to Lot 2 of Graf's First Sub-Division, to a calculated position; thence continuing along the line common to Graf's First Sub-Division, N 65°23'31" W, a distance of 142.83 feet to a calculated position; thence N 28°38'42" W a distance of 92.18 feet to a calculated position; thence leaving Graf's First Sub-Division, S 60°25'40" W a Distance of 40.04 feet to the Point Of Beginning, containing 0.903 Acres, more or less. Subject to all easements of record or apparent from a visual inspection of the property. All as depicted on the 1727 KENYON DRIVE ANNEXATION Map. WHEREAS, the Landowner petitioned the City for annexation to the City of said tract of land; and WHEREAS, the 1727 KENYON DRIVE ANNEXATION is not within the corporate limits of the City or other municipality and may therefore be annexed to the City in accordance with the provisions of this Agreement and Title 7, Chapter 2, Part 46, Mont. Code Ann.; and WHEREAS, all parties recognize the annexation of the 1727 KENYON DRIVE ANNEXATION pursuant to Section 7-2-4601, et seq., Mont. Code Ann. will allow the 1727 KENYON DRIVE ANNEXATION to connect to and utilize City services, including municipal water and sewer service, parks and recreation, fire and police services, and the City’s transportation system; and WHEREAS, Section 7-2-4610, Mont. Code Ann. provides that a municipality and landowner can agree to the provisions of services to the area to be annexed; and 69 1727 KENYON DRIVE ANNEXATION Agreement 3 WHEREAS, the parties recognize additional development on the 1727 KENYON DRIVE ANNEXATION will impact area parks, recreation, transportation, police, and fire services, and that future improvements may require additional public infrastructure street improvements including transportation for traffic circulation and the provisions of parks, recreation, police, and fire services; and WHEREAS, the Landowner finds this Agreement will provide for the most satisfactory and dependable water supply and sewer supply or service, and provide transportation, parks, recreation, police and fire service for development of the 1727 KENYON DRIVE ANNEXATION; and WHEREAS, the parties have determined that it is in the best interests of the City and Landowner, and in furtherance of the public health, safety and welfare of the community to enter into and implement this Agreement. WITNES S ETH : IN CONSIDERATION of the mutual covenants and agreements herein contained, the parties hereto agree as follows: 1. Recitals The above recitals are true and correct. 2. Annexation The Landowner filed an application for annexation of the 1727 KENYON DRIVE ANNEXATION with the City on January 31, 2025. By execution of this Agreement, the City manifests its intent to annex the 1727 KENYON DRIVE ANNEXATION tract pursuant to the terms and conditions of this Agreement. Subject to the provisions of Title 7, Chapter 2, Part 46, Mont. 70 1727 KENYON DRIVE ANNEXATION Agreement 4 Code Ann. the City shall, upon execution of this Agreement, adopt a Resolution of Annexation of the 1727 KENYON DRIVE ANNEXATION. Further, upon the execution of this Agreement, the Landowner shall do all things required by this Agreement and all things necessary and proper to aid and assist the City in carrying out the terms, conditions and provisions of this Agreement and to effect the annexation of the 1727 KENYON DRIVE ANNEXATION. 3. Services Provided The City will, upon annexation, make available to the 1727 KENYON DRIVE ANNEXATION existing City services only to the extent currently available, or as provided in this Agreement. 4. Municipal Water Service Defined The term "municipal water service" as is used in this agreement shall be the service which is supplied by the City in accordance with Chapter 40, Article 2, Bozeman Municipal Code, as amended, as well as any other terms and conditions which apply to the City's provision of municipal water service but does not include the extension of lines or construction of necessary improvements at any cost to the City for delivery of water to and within the 1727 KENYON DRIVE ANNEXATION. Nothing in this Agreement shall obligate the City to pay for right-of-way acquisition, engineering, construction, and other costs for the delivery of water to or within the 1727 KENYON DRIVE ANNEXATION to include, but not limited to, any impact fees, hook-up, connection, or development charges which have been or may be established by the City. 5. Municipal Sewer Service Defined The term "municipal sewer service" as is used in this Agreement shall be the service which is supplied by the City in accordance with Chapter 40, Article 3, Bozeman Municipal Code, as amended, as well as any other terms and conditions which apply to the City's provision of this 71 1727 KENYON DRIVE ANNEXATION Agreement 5 service but does not include the extension of lines or construction of necessary improvements at any cost to the City for collection of sewage at and within the 1727 KENYON DRIVE ANNEXATION. Nothing in this Agreement shall obligate the City to pay for right-of-way acquisition, engineering, construction, and other costs for the collection of sewage services to or within the 1727 KENYON DRIVE ANNEXATION to include, but not limited to, any impact fees, hookup, connection, or development charges which may be established by the City. 6. Water Rights The Landowner specifically recognizes and agrees that provisions for water rights or cash in-lieu of water rights shall be provided upon further development or subdivision of the property in accordance with Section 38.410.130, Bozeman Municipal Code and as may be amended. The amount of water rights or cash-in-lieu thereof due at the time of further development or subdivision of the property will be calculated based on the annual demand for volume of water the development will require multiplied by the most current annual unit price in effect on the date the water rights are transferred or payment-in-lieu of water rights is to be made to the City. As such, the Landowner acknowledges that the rates for cash in-lieu of water rights may increase over time as established by Resolution of the City Commission. As such, the Landowner acknowledges that the rates for cash in-lieu of water rights may increase over time as established by Resolution of the City Commission. Domestic water demand from the single residential house falls below the City threshold (0.25AF). Therefore, no cash-in-lieu of water is required. 7. Comprehensive Water and Water Design Report Prior to future development of the property the City may require the Landowner to have prepared by a Professional Engineer, at Landowner’s sole expense, a comprehensive design 72 1727 KENYON DRIVE ANNEXATION Agreement 6 report evaluating existing capacity of sewer and water utilities in the area. The report must include hydraulic evaluations of each utility for both existing and post-development demands, and the report findings must demonstrate adequate capacity to serve the full development of the land. If adequate infrastructure capacity is not available for the proposed development, the report must identify necessary water or wastewater system improvements necessary for the proposed development. If improvements to this water or wastewater system are necessary, the Landowner agrees prior to development of the 1727 KENYON DRIVE ANNEXATION to complete, at Landowner’s expense, the necessary system improvements to serve the proposed development. 8. Future Development Limitations The Landowner shall be responsible for installing all facilities required to provide full municipal services to the property in accordance with the City’s Infrastructure Master Plans and all City regulations, policies and guidelines that may be in effect at the time of any future development. Thus, Landowner understands and agrees Landowner has no right, either granted or implied, for it to further develop any of the 1727 KENYON DRIVE ANNEXATION until it is verified by the City that the necessary municipal services, including but not limited to police and fire protection, parks and recreation, transportation, and sewer and water capacity, are available to all or a portion of the 1727 KENYON DRIVE ANNEXATION. Notice is thus provided to the Landowner that prior to additional development of the property, the Landowner will be solely responsible for installing, at Landowner’s sole expense, any facilities or infrastructure required to provide full municipal services to the 1727 KENYON DRIVE ANNEXATION in accordance with the City’s infrastructure plans, adopted Growth Policies/Community Plans, and all other city regulations, policies and guidelines that may be in effect at the time of development. 73 1727 KENYON DRIVE ANNEXATION Agreement 7 9. Stormwater Master Plan Landowner understands and agrees a Stormwater Master Plan for the 1727 KENYON DRIVE ANNEXATION for a system designed to remove solids, oils, grease, and other pollutants from the runoff from public streets and other impermeable surfaces may be required to be provided to and approved by the City Engineer at the time of any future development. The plan must demonstrate that adequate treatment of runoff from public streets, other impermeable surfaces, and all future lots will be achieved by providing spot elevations, flow direction arrows, detention and/or retention basin details (including basin sizing calculations and basin typical sections), outlet structure details, and culvert capacity calculations. The plan must also locate and provide easements for adequate drainage ways within the 1727 KENYON DRIVE ANNEXATION to transport treated runoff to the stormwater receiving channel. The plan shall include site grading and elevation information, typical stormwater detention/retention basin and discharge structure details, basin sizing calculations, and stormwater maintenance plan. Landowner recognizes the City may require such Stormwater Master Plan to be implemented in all or part as a condition of approval of development of the 1727 KENYON DRIVE ANNEXATION. 10. Waiver of Right-to-Protest Special Districts A. Landowner shall execute a Waiver of Right-to-Protest Creation of Special Improvement Districts or Special Districts for street and transportation improvements including design and engineering, paving and subsurface improvements, curb and gutter, sidewalk, stormwater drainage facilities for a) KENYON DRIVE between Josephine and O’Connell Drive. The Landowner agrees such SID or special districts will provide a mechanism for the fair and equitable 74 1727 KENYON DRIVE ANNEXATION Agreement 8 assessment of construction and maintenance costs for such improvements. The waiver is attached hereto as Exhibit “A” and is hereby incorporated in and made a part of this Agreement. B. Landowner shall execute a Waiver of Right-to-Protest Creation of Special Improvement Districts or Special Districts for Intersection improvements including lighting, signalization / channelization, paving, curb/gutter, sidewalk, and storm drainage at a) Highland Boulevard and West Kagy Boulevard and b) Church Street/Sourdough Road and West Kagy Boulevard. The Landowner agrees such SID or special districts will provide a mechanism for the fair and equitable assessment of construction and maintenance costs for such improvements. The waiver is attached hereto as Exhibit “A” and is hereby incorporated in and made a part of this Agreement. C. Landowner agrees that in the event an SID is not utilized for the completion of these improvements as described in subsections A above, the Landowner shall participate in an alternative financing method for the completion of said improvements on a fair share, proportionate basis as determined by the City on the basis of the square footage of property, taxable valuation of the property, traffic contribution from the development or a combination thereof. 11. Impact Fees Landowner acknowledges that annexation and development of their property will impact the City’s existing street, water and sewer infrastructure, and the City’s fire service. As approved by the City, the Landowner and its successors must pay: A) Fire impact fees equal to the amount per Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at time of issuance of a building permit. B) Transportation impact fees equal to the amount per Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at time of issuance of a building permit. C) Water impact fees as required by Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at the 75 1727 KENYON DRIVE ANNEXATION Agreement 9 time of connection to city water services. D) Sewer impact fees as required by Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at the time of connection to city sewer services. The amount of impact fee the Landowner or its successors pay for connection to the city’s water and sewer services, if any, shall be calculated based on the provisions of the Bozeman Municipal Code, as amended, in effect at the time of application for a permit to connect. The amount of street or fire impact fees to be paid, if any, shall be calculated based on the provisions of the Bozeman Municipal Code, as amended, in effect at the time an application for building permit is submitted. Landowner further understands and agrees that any improvements, either on-site or off- site, necessary to provide connection of the 1727 KENYON DRIVE ANNEXATION municipal services and which are wholly attributable to the property as determined exclusively by the city are considered “project related improvements” as defined in Chapter 2, Article 6, Division 9, Bozeman Municipal Code, as amended, and as such, are not eligible for impact fee credits. If Landowner defaults on this condition at the time such is to be performed, and should default not be remedied or corrected within thirty (30) days after written notice by City to the Landowner and Landowner/Developer of such default, City may at its option: A) Declare the amounts owing for impact fees immediately due and payable and City shall have the right and privilege to take legal action against Landowners for the collection of such sum, including the entry of any judgment. In addition, the City may, at its option, enforce payment of such amount by levying an assessment on the property. B) Elect any other remedy available to City under the laws of the State of Montana. 76 1727 KENYON DRIVE ANNEXATION Agreement 10 12. Charges and Assessments Landowner understands and agrees that after this Agreement is recorded the 1727 KENYON DRIVE ANNEXATION will be subject to City charges and assessments for arterial and collector streets, street maintenance, and tree maintenance on the same basis as all other properties in the City. 13. Additional Terms The parties recognize these documents must be filed and of record with the Gallatin County Clerk and Recorder prior to the sale of any land within the 1727 KENYON DRIVE ANNEXATION. The parties further agree that the City may file these documents at any time. 14. Governing Law and Venue This agreement shall be construed under and governed by the laws of the state of Montana. In the event of litigation, venue is in the Eighteenth Judicial District Court, in and for County of Gallatin, State of Montana. 15. Attorney’s Fees In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement, then the prevailing party shall be entitled to reasonable attorney’s fees and costs, to include the salary and costs of in-house counsel including City Attorney. 16. Waiver No waiver by either party of any breach of any term, covenant or agreement shall be deemed a waiver of the same or any subsequent breach of this same or any other term, covenant 77 1727 KENYON DRIVE ANNEXATION Agreement 11 or agreement. No covenant, term or agreement shall be deemed waived by either party unless waived in writing. 17. Invalid Provision The invalidity or unenforceability of any provision of this agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. 18. Modifications or Alterations No modifications or amendment of this Agreement shall be valid unless evidenced by a writing signed by the parties hereto. 19. No Assignment It is expressly agreed that the Landowner and/or Landowner/Developer shall not assign this Agreement in whole or in part without prior written consent of the City. 20. Successors This Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties hereto and their respective heirs, successors and assigns and specifically to any subsequent purchaser of the annexed property. 21. Covenants to Run with the Land The parties intend that the terms of this Agreement shall benefit the 1727 KENYON DRIVE ANNEXATION and shall be covenants running with the land and shall not expire at their deaths or upon transfer of ownership of the property. The undersigned Landowner affirms that they have authority to enter into this Agreement and to bind themselves to this Agreement. 78 1727 KENYON DRIVE ANNEXATION Agreement 12 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first above written. DATED this _____ day of __________________, 2025. LANDOWNER _________________________________________ Hal Stanley STATE OF _____________) : ss COUNTY OF ___________) On this _______ day of ____________________, 2025, before me, the undersigned, a Notary Public for the State of , personally appeared Hal Stanley and acknowledged this record. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) _________________________________________ (Printed Name Here) Notary Public for the State of ______________ Residing at _______________________________ My Commission Expires: __________________ (Use 4 digits for expiration year) 79 1727 KENYON DRIVE ANNEXATION Agreement 13 CITY OF BOZEMAN ____________________________________ By: Chuck Winn, Interim City Manager ATTEST: ________________________________ Mike Maas, City Clerk STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this _____ day of _______________________, 2025, before me, a Notary Public for the state of Montana, personally appeared Chuck Winn and Mike Maas, known to me to the persons described in and who executed the foregoing instrument as Interim City Manager and City Clerk respectively, of the City of Bozeman, whose names are subscribed to the within instrument and acknowledged to me that they executed the same for and on behalf of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) _________________________________________ (Printed Name Here) Notary Public for the State of Montana Residing at _______________________ My Commission Expires: ____________ (Use 4 digits for expiration year) 80 1727 KENYON DRIVE ANNEXATION Agreement 14 EXHIBIT “A” WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS 1727 KENYON DRIVE AVENUE ANNEXATION The undersigned owner of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: A portion of Lot C of Aldworth’s Rearrangement (Plat J-287), located in the east half of the southeast one-quarter of Section 18, Township 2 South, Range 5 East, P.M.M. City of Bozeman, Gallatin County, Montana. More particularly described as follows; Beginning at an R.W. Allen Aluminum Cap (AC) in the Northwest corner of Tract C of Aldworth's Rearrangement (Plat J-287); thence S 28°40'25" E a distance of 154.74 feet to an R.W. Allen AC; thence S 03°40'38" W a distance of 219.43 feet to a nail and washer; thence N 52°35'00" E a distance of 135.14 feet to a 1" Swart Nickel Plated cap; thence N 52°36'21" E a distance of 173.62 feet to a 1" Swart Nickel Plated cap; thence N 64°14'53" W a distance of 107.22 feet along the property boundary common to Lot 2 of Graf's First Sub-Division, to a calculated position; thence continuing along the line common to Graf's First Sub-Division, N 65°23'31" W, a distance of 142.83 feet to a calculated position; thence N 28°38'42" W a distance of 92.18 feet to a calculated position; thence leaving Graf's First Sub-Division, S 60°25'40" W a Distance of 40.04 feet to the Point Of Beginning, containing 0.903 Acres, more or less. IN CONSIDERATION of receiving approval for annexation of the subject property from the City of Bozeman, along with accompanying rights and privileges and for other and valuable consideration, the receipt of which is hereby acknowledged, and in recognition of the transportation impacts to 1727 KENYON DRIVE for street and transportation improvements including design and engineering, paving and subsurface improvements, curb and gutter, 81 1727 KENYON DRIVE ANNEXATION Agreement 15 sidewalk, stormwater drainage facilities for a) KENYON DRIVE between Josephine and O’Connell Drive. And, IN CONSIDERATION of receiving approval for annexation of the subject property from the City of Bozeman, along with accompanying rights and privileges and for other and valuable consideration, the receipt of which is hereby acknowledged, and in recognition of the transportation impacts to 1727 KENYON DRIVE for Intersection improvements including lighting, signalization / channelization, paving, curb/gutter, sidewalk, and storm drainage at a) Highland Boulevard and West Kagy Boulevard and b) Church Street/Sourdough Road and West Kagy Boulevard. Landowner agrees the City has the sole right to control the design and construction of such improvements and may include any of the above components and others necessary to ensure such improvements comply with all adopted City infrastructure plans and requirements. Further, the Landowner waives its right or to make any written protest against the size or area or creation of the district be assessed in response to a duly passed resolution of intention to create one or more special improvement districts which would include the above-described property. In the event a SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by the City on the basis of the square footage of property, taxable valuation of the property, traffic contribution from the development or a combination thereof. This waiver is made for the benefit of the property described herein shall be a covenant running with the land. 82 1727 KENYON DRIVE ANNEXATION Agreement 16 The terms, covenants and provisions of this waiver shall extend to, and be binding upon the successors-in-interest and assigns of the Landowner. DATED this _____ day of __________________, 2025. LANDOWNER _________________________________________ Hal Stanley STATE OF ____________ ) : ss COUNTY OF __________ ) On this _______ day of ____________________, 2025, before me, the undersigned, a Notary Public for the State of , personally appeared Hal Stanley and acknowledged this record. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) _________________________________________ (Printed Name Here) Notary Public for the State of _________ Residing at _______________________ My Commission Expires: ____________ (Use 4 digits for expiration year) 83 Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Chris Saunders, Community Development Manager Erin George, Community Development Director SUBJECT:Resolution, Adoption of the 1519 Alder Court Lane Annexation, Annexing 0.44 acres Including the Adjacent Right-of-Way. The Property is Addressed as 1519 Alder Court Lane, Application 24428 MEETING DATE:January 13, 2026 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Adopt Resolution 2026- _____. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:The Commission unanimously (5:0) approved, both the annexation and establishment of zoning motions, Application 24428 on March 25, 2025, to annex 0.44 acres and establish initial zoning designations of R-4, Residential High-Density District subject to terms of annexation and contingencies for zoning. Final documents and easements have been received. The property is a part of the Beatty’s Subdivision and addressed at 1519 Alder Court Lane and generally located south of West Lincoln Street. The Beatty’s Subdivision was subdivided in 1956. Little change has occurred since the construction of the homes on these lots apart from the Lincoln Properties (now called the Bridgeview Condominiums) apartment buildings to the north and east of the subject property. The Bridgeview Condominiums is a 42-unit residential development in three buildings. Adjacent city zoning includes R-4, R-2, and R-S districts. The properties to the south and east have not been annexed and are zoned R-S, Residential Suburban in the Gallatin County/Bozeman Area Zoning District. UNRESOLVED ISSUES:None ALTERNATIVES:As determined by the Commission FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds 84 will be changed by this Annexation or Zone Map Amendment. Future development will incur costs and generate review according to standard City practices. Attachments: 24428 1519 Alder Court Res.pdf 001-ANNX-1-Annexation Exhibit.pdf 24428 1519 Alder Court Annex Agreement Not Signed.pdf Report compiled on: December 22, 2025 85 Version April 2020 Page 1 of 3 RESOLUTION 2026 - _______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF CERTAIN CONTIGUOUS TRACTS OF LAND, HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF THE CITY OF BOZEMAN AND THE EXTENSION OF THE BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACTS, KNOWN AS 1519 ALDER COURT LANE ANNEXATION, APPLICATION 24428. WHEREAS, the City of Bozeman received a petition for annexation from Lincoln Street MGME, LLC requesting the City Commission to extend the boundaries of the City of Bozeman so as to include an area of land containing approximately 0.44 acres, described herein; and WHEREAS, an annexation staff report was prepared in accordance with the Commission's goals and policies for annexation and was presented to the Commission on March 25, 2005; and WHEREAS, a public meeting on said annexation petition was duly noticed and held on March 25, 2025; and WHEREAS, the City received no written protest from real property owners of the area to be annexed; and WHEREAS, on January 13, 2026, the Commission received the executed annexation agreement addressing all recommended terms of annexation; and WHEREAS, the provision of available services, including, but not limited to, streets, rights-of-way, easements, water rights or cash-in-lieu, waivers of protest against creation of SID's, and water and sewer hookup fees, to said contiguous tracts as described is the subject of a written agreement between the City and the Landowner; and WHEREAS, the Bozeman City Commission hereby finds that the annexation of this 86 Version April 2020 Page 2 of 3 contiguous tract is in the best interests of the City of Bozeman and the inhabitants/owners thereof. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: Section 1 That it is hereby declared that, pursuant to Title 7, Chapter 2, Part 46, Mont. Codes Ann., the following-described property, which is contiguous to the municipal boundaries of the City of Bozeman, be annexed to the City of Bozeman and that the boundaries of said City shall be extended so as to embrace and include such approximately 0.44 acres, to wit: Legal Description An area of land comprised described as follows: A tract of land knows as Lot 25 of Beatty’s Alder Court Subdivision (Plat E-46) Section 13, T02, R05E in Gallatin County, Montana, more particularly described as follows: Beginning at the northeast corner of Lot 25, Said point being marked by a 5/8” rebar with yellow plastic cap; Thence along the north boundary of said Lot 25, N 89° 06’ 33” W for a distance of 131.57 feet to the northwest corner; Thence along the west boundary, 01° 29’ 40” W for a distance of 100.00 feet to the southwest corner, Thence along the south boundary, S 89° 06’ 33” E for a distance of 132.36 feet to the southeast corner, Thence along the east boundary, N 01° 02’ 33” E for a distance of 100.00 feet to the Point of Beginning. Said tract contains 0.44 acres more or less and is subject to all easements, rights- of-way and restrictions of record. SUBJECT to all easements of record or apparent from visual inspection of the property. 87 Version April 2020 Page 3 of 3 All as depicted on the 1519 Alder Court Lane Annexation Map. Section 2 This Resolution is effective upon recording with the Gallatin County Clerk and Recorder. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the ___th day of _____________, 2026. ___________________________________ JOEY MORRISON Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 88 89 1519 Alder Court Lane Annexation Agreement, Application 24428 1 Inter-office Original to: City of Bozeman City Clerk PO Box 1230 Bozeman, MT 549771-1230 1519 ALDER COURT LANE ANNEXATION AGREEMENT THIS AGREEMENT made and entered into this ______ day of __________________, 2025, by and between the CITY OF BOZEMAN, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana with offices at 121 N. Rouse Avenue, Bozeman, Montana 59771-0640, hereinafter referred to as "City", and Lincoln Street MGME, LLC, 3400 Lower River Road, Great Falls, MT 59405, hereinafter referred to as "Landowner". WITNESSETH: WHEREAS, Landowner is owner in fee of a tract of certain real property, hereinafter referred to as the 1519 ALDER COURT LANE ANNEXATION situated in Gallatin County, Montana, and more particularly described as follows: An area of land comprised described as follows: A tract of land knows as Lot 25 of Beatty’s Alder Court Subdivision (Plat E-46) Section 13, T02, R05E in Gallatin County, Montana, more particularly described as follows: Beginning at the north east corner of Lot 25, Said point being marked by a 5/8” rebar with yellow plastic cap; 90 1519 Alder Court Lane Annexation Agreement, Application 24428 2 Thence along the north boundary of said Lot 25, N 89° 06’ 33” W for a distance of 131.57 feet to the north west corner; Thence along the west boundary, 01° 29’ 40” W for a distance of 100.00 feet to the south west corner, Thence along the south boundary, S 89° 06’ 33” E for a distance of 132.36 feet to the south east corner, Thence along the east boundary, N 01° 02’ 33” E for a distance of 100.00 feet to the Point of Beginning. Said tract contains 0.303 acres more or less and is subject to all easements, rights-of- way and restrictions of record. All as depicted on the 1519 Alder Court Lane Annexation Map. SUBJECT to all easements of record or apparent from visual inspection of the property. WHEREAS, the Landowner petitioned the City for annexation to the City of the 1519 ALDER COURT LANE ANNEXATION; and WHEREAS, the 1519 ALDER COURT LANE ANNEXATION is not within the corporate limits of the City or other municipality and may therefore be annexed to the City in accordance with the provisions of this Agreement and Title 7, Chapter 2, Part 46, Mont. Code Ann.; and WHEREAS, all parties recognize the annexation of the 1519 ALDER COURT LANE ANNEXATION pursuant to Section 7-2-4601, et seq., Mont. Code Ann. will allow the 1519 ALDER COURT LANE ANNEXATION to connect to and utilize City services, including municipal water and sewer service, parks and recreation, fire and police services, and the City’s transportation system; and WHEREAS, Section 7-2-4610, Mont. Code Ann. provides that a municipality and landowner can agree to the provisions of services to the area to be annexed; and 91 1519 Alder Court Lane Annexation Agreement, Application 24428 3 WHEREAS, the parties recognize additional development on the 1519 ALDER COURT LANE ANNEXATION will impact area parks, recreation, transportation, police, and fire services, and that future improvements may require additional public infrastructure street improvements including transportation for traffic circulation and the provisions of parks, recreation, police, and fire services; and WHEREAS, the Landowner finds this Agreement will provide for the most satisfactory and dependable water supply and sewer supply or service, and provide transportation, parks, recreation, police and fire service for development of the 1519 ALDER COURT LANE ANNEXATION; and WHEREAS, the parties have determined that it is in the best interests of the City and Landowner, and in furtherance of the public health, safety and welfare of the community to enter into and implement this Agreement. WITNES S ETH : IN CONSIDERATION of the mutual covenants and agreements herein contained, the parties hereto agree as follows: 1. Recitals The above recitals are true and correct. 2. Annexation The Landowner filed an application for annexation of the 1519 ALDER COURT LANE ANNEXATION with the City on August 5, 2024. By execution of this Agreement, the City manifests 92 1519 Alder Court Lane Annexation Agreement, Application 24428 4 its intent to annex the 1519 ALDER COURT LANE ANNEXATION tract pursuant to the terms and conditions of this Agreement. Subject to the provisions of Title 7, Chapter 2, Part 46, Mont. Code Ann. the City shall, upon execution of this Agreement, adopt a Resolution of Annexation of the 1519 ALDER COURT LANE ANNEXATION. Further, upon the execution of this Agreement, the Landowner shall do all things required by this Agreement and all things necessary and proper to aid and assist the City in carrying out the terms, conditions and provisions of this Agreement and to effect the annexation of the 1519 ALDER COURT LANE ANNEXATION. 3. Services Provided The City will, upon annexation, make available to the 1519 ALDER COURT LANE ANNEXATION existing City services only to the extent currently available, or as provided in this Agreement. 4. Municipal Water Service Defined The term "municipal water service" as is used in this agreement shall be the service which is supplied by the City in accordance with Chapter 40, Article 2, Bozeman Municipal Code, as amended, as well as any other terms and conditions which apply to the City's provision of municipal water service but does not include the extension of lines or construction of necessary improvements at any cost to the City for delivery of water to and within the 1519 ALDER COURT LANE ANNEXATION. Nothing in this Agreement shall obligate the City to pay for right-of-way acquisition, engineering, construction, and other costs for the delivery of water to or within the 1519 ALDER COURT LANE ANNEXATION to include, but not limited to, any impact fees, hook-up, connection, or development charges which have been or may be established by the City. 5. Municipal Sewer Service Defined 93 1519 Alder Court Lane Annexation Agreement, Application 24428 5 The term "municipal sewer service" as is used in this Agreement shall be the service which is supplied by the City in accordance with Chapter 40, Article 3, Bozeman Municipal Code, as amended, as well as any other terms and conditions which apply to the City's provision of this service but does not include the extension of lines or construction of necessary improvements at any cost to the City for collection of sewage at and within the 1519 ALDER COURT LANE ANNEXATION. Nothing in this Agreement shall obligate the City to pay for right-of-way acquisition, engineering, construction, and other costs for the collection of sewage services to or within the 1519 ALDER COURT LANE ANNEXATION to include, but not limited to, any impact fees, hookup, connection, or development charges which may be established by the City. 6. Water Rights The Landowner specifically recognizes and agrees the Landowner must provide water rights or cash in-lieu of water rights upon further development or subdivision of the property in accordance with Section 38.410.130, Bozeman Municipal Code. The City will calculate the amount of water rights or cash-in-lieu thereof due at the time of further development or subdivision of the property based on the annual demand for volume of water the development will require multiplied by the most current annual unit price in effect on the date the water rights are transferred or payment-in-lieu of water rights is to be made to the City. As such, the Landowner acknowledges that the rates for cash in-lieu of water rights may increase over time as established by Resolution of the City Commission. The applicant must perform a water rights search to determine if any exist for this property. The Landowner must transfer any water rights that exist for this property to the City of Bozeman prior to development that the City of Bozeman determines 94 1519 Alder Court Lane Annexation Agreement, Application 24428 6 are useful for City purposes. If insufficient water rights exist, the Landowner must pay cash in lieu of water rights, in an amount determined by the Director of Public Utilities, prior to development. 7. Comprehensive Water and Wastewater Design Report Prior to future development of the property the City may require the Landowner to have prepared by a Professional Engineer, at Landowner’s sole expense, a comprehensive design report evaluating existing capacity of sewer and water utilities in the area. The report must include hydraulic evaluations of each utility for both existing and post-development demands, and the report findings must demonstrate adequate capacity to serve the full development of the land. If adequate infrastructure capacity is not available for the proposed development, the report must identify water or wastewater system improvements necessary for the proposed development. If improvements to this water or wastewater system are necessary, the Landowner agrees prior to development of the 1519 ALDER COURT LANE ANNEXATION to complete, at Landowner’s expense, the necessary system improvements to serve the proposed development. 8. Future Development Limitations The Landowner shall be responsible for installing all facilities required to provide full municipal services to the property in accordance with the City’s Infrastructure Master Plans and all City regulations, policies and guidelines that may be in effect at the time of any future development. Thus, Landowner understands and agrees Landowner has no right, either granted or implied, for it to further develop any of the 1519 ALDER COURT LANE ANNEXATION until it is verified by the City that the necessary municipal services, including but not limited to police and fire protection, parks and recreation, transportation, and sewer and water capacity, are available to all or a portion of the 1519 ALDER COURT LANE ANNEXATION. Notice is thus provided to the 95 1519 Alder Court Lane Annexation Agreement, Application 24428 7 Landowner that prior to additional development of the property, the Landowner will be solely responsible for installing, at Landowner’s sole expense, any facilities or infrastructure required to provide full municipal services to the 1519 ALDER COURT LANE ANNEXATION in accordance with the City’s infrastructure plans, adopted Growth Policies/Community Plans, and all other city regulations, policies and guidelines that may be in effect at the time of development. 9. Stormwater Master Plan Landowner understands and agrees a Stormwater Master Plan for the 1519 ALDER COURT LANE ANNEXATION for a system designed to remove solids, oils, grease, and other pollutants from the runoff from public streets and other impermeable surfaces may be required to be provided to and approved by the City Engineer at the time of any future development. The plan must demonstrate that adequate treatment of runoff from public streets, other impermeable surfaces, and all future lots will be achieved by providing spot elevations, flow direction arrows, detention and/or retention basin details (including basin sizing calculations and basin typical sections), outlet structure details, and culvert capacity calculations. The plan must also locate and provide easements for adequate drainage ways within the 1519 ALDER COURT LANE ANNEXATION to transport treated runoff to the stormwater receiving channel. The plan shall include site grading and elevation information, typical stormwater detention/retention basin and discharge structure details, basin sizing calculations, and stormwater maintenance plan. Landowner recognizes the City may require such Stormwater Master Plan to be implemented in all or part as a condition of approval of development of the 1519 ALDER COURT LANE ANNEXATION. 10. Waiver of Right-to-Protest Special Districts 96 1519 Alder Court Lane Annexation Agreement, Application 24428 8 A. Landowner shall execute a Waiver of Right-to-Protest Creation of Special Districts (SID) or Special Improvement Districts for street and transportation improvements including design and engineering, paving and subsurface improvements, curb and gutter, sidewalk and stormwater drainage facilities, and fiber optic conduit for the following streets identified by the Development Review Committee for: a. Street improvements to S 19th Ave from College St to Stucky Rd including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. b. Street improvements to W Lincoln St from S 19th Ave to S 11th Ave including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. c. Street improvements to W Kagy Ave from S 19th Ave to S 11th Ave including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. The Landowner agrees such SID will provide a mechanism for the fair and equitable assessment of construction and maintenance costs for such improvements. The waiver is attached hereto as Exhibit “A” and is hereby incorporated in and made a part of this Agreement. B. Landowner has executed a Waiver of Right-to-Protest Creation of Special Improvement Districts (“SID”) or Special Districts for the following Intersection improvements identified by the Development Review Committee including lighting, signalization and channelization, paving, curb/gutter, sidewalk, and storm drainage for: a. Intersection improvements at W Garfield Ln and S 19th Ave including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. b. Intersection improvements at W Lincoln St and S 11th Ave including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. 97 1519 Alder Court Lane Annexation Agreement, Application 24428 9 c. Intersection improvements at W Lincoln St and S 19th Ave including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. d. Intersection improvements at W Kagy Blvd and S 19th Ave including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. e. Intersection improvements at W Kagy Blvd and S 11th Ave including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. The Landowner agrees such SID will provide a mechanism for the fair and equitable assessment of construction and maintenance costs for such improvements. The waiver is attached hereto as Exhibit “B” and is hereby incorporated in and made a part of this Agreement. The Landowner agrees such SID or special districts will provide a mechanism for the fair and equitable assessment of construction and maintenance costs for such improvements. C. Landowner agrees that in the event a special district or an SID is not utilized for the completion of these improvements as described in subsection A above, the Landowner shall participate in an alternative financing method for the completion of the improvements on a fair share, proportionate basis as determined by the City on the basis of the square footage of property, taxable valuation of the property, traffic contribution from the development or a combination thereof. D. Landowner understands and agrees that the City will choose creation of a SID or special district or an alternative financing method for the completion of the improvements and may use either financing option at any time. 11. Street Improvements The Landowner understands and agrees that at the time of future development the portion 98 1519 Alder Court Lane Annexation Agreement, Application 24428 10 of the 1519 ALDER COURT LANE ANNEXATION and its related transportation infrastructure fronting the 1519 ALDER COURT LANE ANNEXATION this property must be improved to a City standard at Landowner’s expense. 12. Impact Fees Landowner acknowledges that annexation and development of their property will impact the City’s existing street, water and sewer infrastructure, and the City’s fire service. As approved by the City, the Landowner and its successors must pay: a) Fire impact fees equal to the amount per Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at time of issuance of a building permit. b) Transportation impact fees equal to the amount per Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at time of issuance of a building permit. c) Water impact fees as required by Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at the time of connection to city water services. d) Sewer impact fees as required by Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at the time of connection to city sewer services. The amount of impact fee the Landowner or its successors pay for connection to the city’s water and sewer services, if any, shall be calculated based on the provisions of the Bozeman Municipal Code, as amended, in effect at the time of application for a permit to connect. The amount of street or fire impact fees to be paid, if any, shall be calculated based on the provisions of the Bozeman Municipal Code, as amended, in effect at the time an application for building permit is submitted. Landowner further understands and agrees that any improvements, either on-site or off- site, necessary to provide connection of the 1519 ALDER COURT LANE ANNEXATION municipal services and which are wholly attributable to the property as determined exclusively by the City 99 1519 Alder Court Lane Annexation Agreement, Application 24428 11 are considered “project related improvements” as defined in Chapter 2, Article 6, Division 9, Bozeman Municipal Code, as amended, and as such, are not eligible for impact fee credits. If Landowner defaults on this condition at the time such is to be performed, and should default not be remedied or corrected within thirty (30) days after written notice by City to the Landowner and Landowner/Developer of such default, City may at its option: a) Declare the amounts owing for impact fees immediately due and payable and City shall have the right and privilege to take legal action against Landowners for the collection of such sum, including the entry of any judgment. In addition, the City may, at its option, enforce payment of such amount by levying an assessment on the property. b) Elect any other remedy available to City under the laws of the State of Montana. 13. Charges and Assessments Landowner understands and agrees that after this Agreement is recorded the 1519 ALDER COURT LANE ANNEXATION will be subject to City assessments for arterial and collector streets, street maintenance, and tree maintenance on the same basis as all other properties in the City. 14. Additional Terms The parties recognize these documents must be filed and of record with the Gallatin County Clerk and Recorder prior to the sale of any land within the 1519 ALDER COURT LANE ANNEXATION. The parties further agree that the City may file these documents at any time. 15. Governing Law and Venue This agreement shall be construed under and governed by the laws of the state of Montana. In the event of litigation, venue is in the Eighteenth Judicial District Court, in and for County of Gallatin, State of Montana. 100 1519 Alder Court Lane Annexation Agreement, Application 24428 12 16. Attorney’s Fees In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement, then the prevailing party shall be entitled to reasonable attorney’s fees and costs, to include the salary and costs of in-house counsel including City Attorney. 17. Waiver No waiver by either party of any breach of any term, covenant or agreement shall be deemed a waiver of the same or any subsequent breach of this same or any other term, covenant or agreement. No covenant, term or agreement shall be deemed waived by either party unless waived in writing. 18. Invalid Provision The invalidity or unenforceability of any provision of this agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. 19. Modifications or Alterations No modifications or amendment of this Agreement shall be valid unless evidenced by a writing signed by the parties hereto. 20. No Assignment It is expressly agreed that the Landowner and/or Landowner/Developer shall not assign this Agreement in whole or in part without prior written consent of the City. 21. Successors 101 1519 Alder Court Lane Annexation Agreement, Application 24428 13 This Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties hereto and their respective heirs, successors and assigns and specifically to any subsequent purchaser of the annexed property. 22. Covenants to Run with the Land The parties intend that the terms of this Agreement shall benefit the 1519 ALDER COURT LANE ANNEXATION and shall be covenants running with the land and shall not expire at their deaths or upon transfer of ownership of the property. The undersigned Landowner affirms that they have authority to enter into this Agreement and to bind themselves to this Agreement. 102 1519 Alder Court Lane Annexation Agreement, Application 24428 14 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first above written. LANDOWNER __________________________________________ Lincoln Street MGME, LLC By: Grant Eve Title: ____________________ STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this ________ day of _______________, 2025, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Grant Eve, known to me to be the ______________ of Lincoln Street MGME, LLC, known to me to be the landowner that executed the within instrument, and acknowledged to me that they executed the same for and on behalf of landowner. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) _________________________________________ (Printed Name Here) Notary Public for the State of _________ Residing at _______________________ My Commission Expires:____________ (Use 4 digits for expiration year) 103 1519 Alder Court Lane Annexation Agreement, Application 24428 15 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first above written. LANDOWNER __________________________________________ Lincoln Street MGME, LLC By: Mercede Eve Title: ____________________ STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this ________ day of _______________, 2025, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Mercede Eve, known to me to be the _____________ of Lincoln Street MGME, LLC, known to me to be the landowner that executed the within instrument, and acknowledged to me that they executed the same for and on behalf of landowner. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) _________________________________________ (Printed Name Here) Notary Public for the State of _________ Residing at _______________________ My Commission Expires:____________ (Use 4 digits for expiration year) 104 1519 Alder Court Lane Annexation Agreement, Application 24428 16 CITY OF BOZEMAN ____________________________________ By: Chuck Winn, City Manager ATTEST: ________________________________ City Clerk STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this _____ day of ______________________, 2025, before me, a Notary Public for the state of Montana, personally appeared Chuck Winn and Mike Maas, known to me to the persons described in and who executed the foregoing instrument as Interim City Manager and City Clerk respectively, of the City of Bozeman, whose names are subscribed to the within instrument and acknowledged to me that they executed the same for and on behalf of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) _________________________________________ (Printed Name Here) Notary Public for the State of Montana Residing at _______________________ My Commission Expires:____________ (Use 4 digits for expiration year) 105 1519 Alder Court Lane Annexation Agreement, Application 24428 17 EXHIBIT “A” WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL DISTRICTS OR SPECIAL IMPROVEMENT DISTRICTS 1519 ALDER COURT LANE ANNEXATION The undersigned owner of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: A tract of land knows as Lot 25 of Beatty’s Alder Court Subdivision (Plat E-46) Section 13, T02, R05E in Gallatin County, Montana, more particularly described as follows: Beginning at the north east corner of Lot 25, Said point being marked by a 5/8” rebar with yellow plastic cap; Thence along the north boundary of said Lot 25, N 89° 06’ 33” W for a distance of 131.57 feet to the north west corner; Thence along the west boundary, 01° 29’ 40” W for a distance of 100.00 feet to the south west corner, Thence along the south boundary, S 89° 06’ 33” E for a distance of 132.36 feet to the south east corner, Thence along the east boundary, N 01° 02’ 33” E for a distance of 100.00 feet to the Point of Beginning. Said tract contains 0.303 acres more or less and is subject to all easements, rights-of- way and restrictions of record. IN CONSIDERATION of receiving approval for annexation of the subject property from the City of Bozeman, along with accompanying rights and privileges and for other and valuable consideration, the receipt of which is hereby acknowledged, and in recognition of the transportation impacts to: d. Street improvements to S 19th Ave from College St to Stucky Rd including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. e. Street improvements to W Lincoln St from S 19th Ave to S 11th Ave including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. f. Street improvements to W Kagy Ave from S 19th Ave to S 11th Ave including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. 106 1519 Alder Court Lane Annexation Agreement, Application 24428 18 For improvement districts for the design and engineering, construction and maintenance of following improvements: for street and transportation improvements including design and engineering, paving and subsurface improvements, curb and gutter, sidewalk, stormwater drainage facilities, broadband, and other dry utilities for the aforementioned street improvements. Landowner agrees the City has the sole right to control the design and construction of such improvements and may include any of the above components and others necessary to ensure such improvements comply with all adopted City infrastructure plans and requirements. Further, the Landowner waives its right or to make any written protest against the size or area or creation of the district be assessed in response to a duly passed resolution of intention to create one or more special improvement districts which would include the above-described property. In the event a special district or special improvement district is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by the City on the basis of the square footage of property, taxable valuation of the property, traffic contribution from the development or a combination thereof. Landowner understands and agrees that the City will choose creation of a SID or special district or an alternative financing method for the completion of the improvements and may use either financing option at any time. This waiver is made for the benefit of the property described herein shall be a covenant running with the land. 107 1519 Alder Court Lane Annexation Agreement, Application 24428 19 The terms, covenants and provisions of this waiver shall extend to, and be binding upon the successors-in-interest and assigns of the Landowner. 108 1519 Alder Court Lane Annexation Agreement, Application 24428 20 DATED this _____ day of _________________, 2025. LANDOWNER __________________________________________ Lincoln Street MGME, LLC By: Grant Eve Title: ____________________ STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this ________ day of _______________, 2025, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Grant Eve, known to me to be the ______________ of Lincoln Street MGME, LLC, known to me to be the landowner that executed the within instrument, and acknowledged to me that they executed the same for and on behalf of landowner. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) _________________________________________ (Printed Name Here) Notary Public for the State of _________ Residing at _______________________ My Commission Expires:____________ (Use 4 digits for expiration year) 109 1519 Alder Court Lane Annexation Agreement, Application 24428 21 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first above written. LANDOWNER __________________________________________ Lincoln Street MGME, LLC By: Mercede Eve Title: ____________________ STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this ________ day of _______________, 2025, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Mercede Eve, known to me to be the _____________ of Lincoln Street MGME, LLC, known to me to be the landowner that executed the within instrument, and acknowledged to me that they executed the same for and on behalf of landowner. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) _________________________________________ (Printed Name Here) Notary Public for the State of _________ Residing at _______________________ My Commission Expires:____________ (Use 4 digits for expiration year) 110 1519 Alder Court Lane Annexation Agreement, Application 24428 22 EXHIBIT “B” WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL DISTRICT OR SPECIAL IMPROVEMENT DISTRICTS 1519 ALDER COURT LANE ANNEXATION The undersigned owner of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: A tract of land knows as Lot 25 of Beatty’s Alder Court Subdivision (Plat E-46) Section 13, T02, R05E in Gallatin County, Montana, more particularly described as follows: Beginning at the north east corner of Lot 25, Said point being marked by a 5/8” rebar with yellow plastic cap; Thence along the north boundary of said Lot 25, N 89° 06’ 33” W for a distance of 131.57 feet to the north west corner; Thence along the west boundary, 01° 29’ 40” W for a distance of 100.00 feet to the south west corner, Thence along the south boundary, S 89° 06’ 33” E for a distance of 132.36 feet to the south east corner, Thence along the east boundary, N 01° 02’ 33” E for a distance of 100.00 feet to the Point of Beginning. Said tract contains 0.303 acres more or less and is subject to all easements, rights-of- way and restrictions of record. IN CONSIDERATION of receiving approval for annexation of the subject property from the City of Bozeman, along with accompanying rights and privileges and for other and valuable consideration, the receipt of which is hereby acknowledged, and in recognition of the intersection impacts to: a. Intersection improvements at W Garfield Ln and S 19th Ave including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. b. Intersection improvements at W Lincoln St and S 11th Ave including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. 111 1519 Alder Court Lane Annexation Agreement, Application 24428 23 c. Intersection improvements at W Lincoln St and S 19th Ave including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. d. Intersection improvements at W Kagy Blvd and S 19th Ave including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. e. Intersection improvements at W Kagy Blvd and S 11th Ave including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. which will be caused by the development of the above-described property, the owner has waived and does hereby waive for itself, its successors and assigns forever the right to protest the creation of one or more special improvement districts for these intersections including lighting, signalization / channelization, paving, curb/gutter, sidewalk, and storm drainage. Landowner agrees the City has the sole right to control the design and construction of such improvements and may include any of the above components and others necessary to ensure such improvements comply with all adopted City infrastructure plans and requirements. Further, the Landowner waives its right or to make any written protest against the size or area or creation of the district be assessed in response to a duly passed resolution of intention to create one or more special improvement districts which would include the above-described property. In the event a special district or special improvement district is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of the improvements on a fair share, proportionate basis as determined by the City on the basis of the square footage of property, taxable valuation of the property, traffic contribution from the development or a combination thereof. Landowner understands and agrees that the City will choose creation of a SID or special district or an alternative financing method for the completion of the improvements and may use either financing option at any time. 112 1519 Alder Court Lane Annexation Agreement, Application 24428 24 This waiver is made for the benefit of the property described herein shall be a covenant running with the land. The terms, covenants and provisions of this waiver shall extend to, and be binding upon the successors-in-interest and assigns of the Landowner. 113 1519 Alder Court Lane Annexation Agreement, Application 24428 25 DATED this _____ day of __________________, 2025. LANDOWNER __________________________________________ Lincoln Street MGME, LLC By: Grant Eve Title: ____________________ STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this ________ day of _______________, 2025, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Grant Eve, known to me to be the ______________ of Lincoln Street MGME, LLC, known to me to be the landowner that executed the within instrument, and acknowledged to me that they executed the same for and on behalf of landowner. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) _________________________________________ (Printed Name Here) Notary Public for the State of _________ Residing at _______________________ My Commission Expires:____________ (Use 4 digits for expiration year) 114 1519 Alder Court Lane Annexation Agreement, Application 24428 26 DATED this _____ day of __________________, 2025. LANDOWNER __________________________________________ Lincoln Street MGME, LLC By: Mercede Eve Title: ____________________ STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this ________ day of _______________, 2025, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Mercede Eve, known to me to be the _____________ of Lincoln Street MGME, LLC, known to me to be the landowner that executed the within instrument, and acknowledged to me that they executed the same for and on behalf of landowner. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) _________________________________________ (Printed Name Here) Notary Public for the State of _________ Residing at _______________________ My Commission Expires:____________ (Use 4 digits for expiration year) 115 Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Chris Saunders, Community Development Manager Erin George, Interim Director of Community Development SUBJECT:Ordinance, Provisional Adoption, Establishing a Zoning Designation of R-1, Residential Low-Density District, in Association with the Annexation of 0.903 Acres, the 1727 Kenyon Drive, Application 25051 MEETING DATE:January 13, 2026 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Provisionally adopt Ordinance 2026 - ____. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:The Commission unanimously (5:0) approved Application 25051 on August 13, 2025, to annex 0.903 acres and establish an initial zoning designation of R-1, Residential Low-Density District, subject to terms of annexation and contingencies for zoning. Final documents and easements have been received. A signed annexation agreement was received on December 18, 2025. The property is addressed at 1727 Kenyon Drive. The property owner owns two adjacent parcels, one being in city limits and the other, the subject of the annexation, was not. The property not within city limits is undeveloped. The property is currently zoned R-S, Residential Suburban, in the Gallatin County Bozeman Area Zoning district. There are no structures on the property to be annexed. Annexed property adjacent are zoned R-1 and other un-annexed properties are also zoned R-S in the County, including a portion of the Burk Park (Peets Hill). The Bozeman Community Plan 2020 (BCP2020) designates this and the surrounding property as Urban Neighborhood on the Future Land Use Map. The R-1 district is an implementing district of this land use classification. UNRESOLVED ISSUES:None 116 ALTERNATIVES:As determined by the Commission FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Annexation or Zone Map Amendment. Future development will incur costs and generate review according to standard City practices. Attachments: 25051 1727 Kenyon Drive Ordinance 2026-_____.pdf 004 - A804 - PROPOSED ZONING MAP.pdf Report compiled on: December 22, 2025 117 Ord 2026 - ____ Page 1 of 5 ORDINANCE 2026 - ____ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY DESIGNATE 0.903 ACRES AS R-1, RESIDENTIAL LOW-DENSITY DISTRICT, KNOWN AS THE 1727 KENYON DRIVE ZONE MAP AMENDMENT, APPLICATION 25051. WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps if a public hearing is held and official notice is provided; and WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct a public hearing and submit a report to the City Commission for all zoning map amendment requests; and WHEREAS, the City of Bozeman Zoning Commission has been created by Section 2.05.2700, BMC as provided for in Section 76-2-307, M.C.A.; and WHEREAS, Chapter 38, Article 2 of the Bozeman Unified Development Code sets forth the procedures and review criteria for zoning map amendments; and WHEREAS, the proposed zone map amendment application to amend the City of Bozeman Zoning Map to establish a zoning classification of R-1 (Residential Low-Density) for approximately 0.903 acres has been properly submitted, reviewed, and advertised; and WHEREAS, after proper notice, the Bozeman Community Development Board acting in their capacity as the Zoning Commission held a public hearing on August 11, 2025, to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, the Bozeman Zoning Commission recommended the Bozeman City Commission that application No. 2025 the 1727 Kenyon Drive Zone Map Amendment, be approved as requested by the applicant; and 118 Ordinance No. 2026 - _______, 1727 Kenyon Drive Zone Map Amendment Page 2 of 5 WHEREAS, after proper notice, the City Commission held its public hearing on August 12, 2025, to receive and review all written and oral testimony on the request for the zone map amendment; and WHEREAS, the City Commission has reviewed and considered the zone map amendment criteria established in Section 76-2-304, M.C.A., and found that the proposed zone map amendment would be in compliance with the criteria. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 Legislative Findings The City Commission hereby makes the following findings in support of adoption of this Ordinance: 1. The City adopted a growth policy, the Bozeman Community Plan 2020, by Resolution 5133 to establish policies for development of the community including zoning; 2. The Bozeman Community Plan 2020, Chapter 5, sets forth the policies by which the City reviews and applies the criteria for amendment of zoning established in 76-3- 304, MCA; 3. Zoning, including amendments to the zoning map, must be in accordance with an adopted growth policy; 4. A staff report analyzing the required criteria for a zone map amendment, including accordance to the Bozeman Community Plan 2020, has found that the required criteria are satisfied; 5. The two required public hearings were advertised as required in state law and municipal code and all persons have had opportunity to review the materials applicable to the application and provide comment prior to a decision; 6. The Bozeman Zoning Commission has been established as required in state law and conducted their required public hearing; and after consideration of application materials, staff analysis and report, and all submitted public comment recommended approval of the application. 7. The City Commission conducted a public hearing to provide all interested parties the 119 Ordinance No. 2026 - _______, 1727 Kenyon Drive Zone Map Amendment Page 3 of 5 opportunity to provide evidence and testimony regarding the proposed amendment prior to the City Commission acting on the application. 8. The City Commission considered the application materials, staff analysis and report, Zoning Commission recommendation, all submitted public comment, and all other relevant information. 9. The City Commission determines that, as set forth in the staff report and incorporating the staff findings as part of their decision, the required criteria for approval of the 1727 Kenyon Drive Zone Map Amendment have been satisfied. Section 2 That the zoning district designation of the following-described property is hereby designated as R-1, Residential Low-Density District: An area of land comprised described as follows: A portion of Lot C of Aldworth’s Rearrangement (Plat J-287), located in the east half of the southeast one-quarter of Section 18, Township 2 South, Range 5 East, P.M.M. City of Bozeman, Gallatin County, Montana. More particularly described as follows; Beginning at an R.W. Allen Aluminum Cap (AC) in the Northwest corner of Tract C of Aldworth's Rearrangement (Plat J-287); thence S 28°40'25" E a distance of 154.74 feet to an R.W. Allen AC; thence S 03°40'38" W a distance of 219.43 feet to a nail and washer; thence N 52°35'00" E a distance of 135.14 feet to a 1" Swart Nickel Plated cap; thence N 52°36'21" E a distance of 173.62 feet to a 1" Swart Nickel Plated cap; thence N 64°14'53" W a distance of 107.22 feet along the property boundary common to Lot 2 of Graf's First Sub-Division, to a calculated position; thence continuing along the line common to Graf's First Sub-Division, N 65°23'31" W, a distance of 142.83 feet to a calculated position; thence N 28°38'42" W a distance of 92.18 feet to a calculated position; thence leaving Graf's First Sub-Division, S 60°25'40" W a Distance of 40.04 feet to the Point of Beginning, containing 0.903 Acres, more or less. Subject to all easements of record or apparent from a visual inspection of the property. All as depicted on the 1727 Kenyon Drive Zoning Map. 120 Ordinance No. 2026 - _______, 1727 Kenyon Drive Zone Map Amendment Page 4 of 5 Section 3 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 5 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 6 Codification. This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a disposition list in numerical order with all other ordinances of the City and shall be organized in a category entitled “Zone Map Amendments.” Section 7 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. 121 Ordinance No. 2026 - _______, 1727 Kenyon Drive Zone Map Amendment Page 5 of 5 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the ___th day of _______________, 2026. ____________________________________ JOEY MORRISON Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the ____ of ________________, 2026. The effective date of this ordinance is _____________, ____, 2026. _________________________________ JOEY MORRISON Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 122 LOT CLOT CLOT 2LOT 17-AOCONNELL DR.60'-0" R.O.W. LOT 16LOT 15-ALOT 14-ALOT BLOT ALOT 4KENYON DR.60'-0" R.O.W.LOT ACITY ZONING: R-1COUNTY ZONING: RS1.901 ACRESSEWERWATERCONSTRUCTIVE SOLUTIONS, INC COPYRIGHT 2024PROJECT #:PHASEPRE SDDDCDDATEPO BOX 11529, BOZEMAN, MT 59719406 404-1560 www.constructivesolutionsmt.com24X36654321EDCBANOT FOR CONSTRUCTION USE2/28/2025 10:08:33 AM2/28/202510:08:33AMA804PROPOSED ZONING MAPSTANLEY RESIDENCE1727 KENYON DR.BOZEMAN, MT 59715ANNEXATION24602----1" = 40'-0"1PROPOSED ZONINGNNO WATER BODIES OR WETLANDS123 Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Chris Saunders, Community Development Manager Erin George, Interim Director of Community Development SUBJECT:Ordinance, Provisional Adoption, Establishing a Zoning Designation of R-4, Residential High-Density District, in Association with the Annexation of 0.44 Acres, the 1519 Alder Court Lane, Application 24428 MEETING DATE:January 13, 2026 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Provisionally adopt Ordinance 2026-_____. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:The Commission unanimously (5:0) approved, both the annexation and establishment of zoning motions, Application 24428 on March 25, 2025, to annex 0.44 acres and establish initial zoning designations of R-4, Residential High-Density District subject to terms of annexation and contingencies for zoning. Final documents and easements have been received. The property is a part of the Beatty’s Subdivision and addressed at 1519 Alder Court Lane and generally located south of West Lincoln Street. The Beatty’s Subdivision was subdivided in 1956. Little change has occurred since the construction of the homes on these lots apart from the Lincoln Properties (now called the Bridgeview Condominiums) apartment buildings to the north and east of the subject property. The Bridgeview Condominiums is a 42-unit residential development in three buildings. Adjacent city zoning includes R-4, R-2, and R-S districts. The properties to the south and east have not been annexed and are zoned R-S, Residential Suburban in the Gallatin County/Bozeman Area Zoning District. UNRESOLVED ISSUES:None ALTERNATIVES:As determined by the Commission FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds 124 will be changed by this Annexation or Zone Map Amendment. Future development will incur costs and generate review according to standard City practices. Attachments: 24428 1519 Alder Court Ord.pdf 001.1-ZMA-1-Zoning Map Exhibit.pdf Report compiled on: December 22, 2025 125 Ord 2026 -___ Page 1 of 6 ORDINANCE 2026 - ____ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY DESIGNATE 0.44 ACRES AS R-4, RESIDENTIAL HIGH-DENSITY DISTRICT, KNOWN AS THE 1519 ALDER COURT LANE ZONE MAP AMENDMENT, APPLICATION 24428. WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps if a public hearing is held and official notice is provided; and WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct a public hearing and submit a report to the City Commission for all zoning map amendment requests; and WHEREAS, the City of Bozeman Zoning Commission has been created by Section 2.05.2700, BMC as provided for in Section 76-2-307, M.C.A.; and WHEREAS, Chapter 38, Article 2 of the Bozeman Unified Development Code sets forth the procedures and review criteria for zoning map amendments; and WHEREAS, the proposed zone map amendment application to amend the City of Bozeman Zoning Map to establish a zoning classification of R-4 (Residential High Density) on 0.44 acres plus the adjacent right-of-way respectively has been properly submitted, reviewed, and advertised; and WHEREAS, after proper notice, the Bozeman Community Development Board acting in their capacity as the Zoning Commission held a public hearing on March 3, 2025, to 126 Ordinance 2026 - ____ Zoning Ordinance Page 2 of 6 receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, the Bozeman Zoning Commission recommended the Bozeman City Commission that application No. 24428 the 1519 Alder Court Lane Zone Map Amendment, be approved as requested by the applicant; and WHEREAS, after proper notice, the City Commission held its public hearing on March 25, 2025, to receive and review all written and oral testimony on the request for the zone map amendment; and WHEREAS, the City Commission has reviewed and considered the zone map amendment criteria established in Section 76-2-304, M.C.A., and found that the proposed zone map amendment would be in compliance with the criteria. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 Legislative Findings The City Commission hereby makes the following findings in support of adoption of this Ordinance: 1. The City adopted a growth policy, the Bozeman Community Plan 2020, by Resolution 5133 to establish policies for development of the community including zoning; 2. The Bozeman Community Plan 2020, Chapter 5, sets forth the policies by which the City reviews and applies the criteria for amendment of zoning established in 76-3- 304, MCA; 3. Zoning, including amendments to the zoning map, must be in accordance with an adopted growth policy; 4. A staff report analyzing the required criteria for a zone map amendment, including accordance to the Bozeman Community Plan 2020, has found that the required criteria are satisfied; 5. The two required public hearings were advertised as required in state law and 127 Ordinance 2026 - ____ Zoning Ordinance Page 3 of 6 municipal code and all persons have had opportunity to review the materials applicable to the application and provide comment prior to a decision; 6. The Bozeman Zoning Commission has been established as required in state law and conducted their required public hearing; and after consideration of application materials, staff analysis and report, and all submitted public comment recommended approval of the application. 7. The City Commission conducted a public hearing to provide all interested parties the opportunity to provide evidence and testimony regarding the proposed amendment prior to the City Commission acting on the application. 8. The City Commission considered the application materials, staff analysis and report, Zoning Commission recommendation, all submitted public comment, and all other relevant information. 9. The City Commission determines that, as set forth in the staff report and incorporating the staff findings as part of their decision, the required criteria for approval of the 1519 Alder Court Lane Zone Map Amendment have been satisfied. Section 2 That the zoning district designation of the following-described property is hereby designated as R-4, Residential High-Density District: An area of land comprised described as follows: A tract of land knows as Lot 25 of Beatty’s Alder Court Subdivision (Plat E-46) Section 13, T02, R05E in Gallatin County, Montana, more particularly described as follows: Beginning at the northeast corner of Lot 25, Said point being marked by a 5/8” rebar with yellow plastic cap; Thence along the north boundary of said Lot 25, N 89° 06’ 33” W for a distance of 131.57 feet to the northwest corner; Thence along the west boundary, 01° 29’ 40” W for a distance of 100.00 feet to the southwest corner, Thence along the south boundary, S 89° 06’ 33” E for a distance of 132.36 feet to the southeast corner, Thence along the east boundary, N 01° 02’ 33” E for a distance of 100.00 feet to the Point of Beginning. 128 Ordinance 2026 - ____ Zoning Ordinance Page 4 of 6 Said tract contains 0.44 acres more or less and is subject to all easements, rights- of-way and restrictions of record. SUBJECT to all easements of record or apparent from visual inspection of the property. All as depicted on the 1519 Alder Court Lane Annexation Map. Section 3 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 5 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 6 Codification. This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a disposition list in numerical order with all other ordinances of the City and shall be organized in a category entitled “Zone Map Amendments.” 129 Ordinance 2026 - ____ Zoning Ordinance Page 5 of 6 Section 7 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. 130 Ordinance 2026 - ____ Zoning Ordinance Page 6 of 6 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the ___th day of _______________, 2026. ____________________________________ JOEY MORRISON Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the ____ of ________________, 2026. The effective date of this ordinance is _____________, ____, 2026. _________________________________ JOEY MORRISON Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 131 132 Memorandum REPORT TO:City Commission FROM:Nicholas Ross, Director of Transportation and Engineering SUBJECT:College St 8th to 11th Renovation Work Session Continued MEETING DATE:January 13, 2026 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Receive presentation and advise staff on preferred alternatives for final design. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:This item is a continuation of a City Commission work session on the subject project begun on October 21st, 2025. After a presentation from city staff on conceptual design options which included removal of street parking along the south curb of College St in order to extend an existing shared use path from the west within existing right-of-way, Commission received significant public comment on the importance of maintaining street parking. In response, Commission asked staff to re-engage with Montana State University (MSU) leadership in search of commitment for the necessary easements that would allow street parking to remain. Subsequent city-MSU meetings resulted in gaining support from MSU for an easement that would allow for parking to remain. The continuation of this work session will present this update along with preliminary design. Staff seeks Commission support on the revised scope of final design. The city of Bozeman has appropriated funding in the FY26 Operating Budget for a renovation of College Street from 8th to 11th as approved in the FY26- 30 Capital Improvement Plan. The city intends to bid the project in late- winter 2026 with construction following the end of the Montana State University school year in order to avoid schedule conflicts with the upcoming Kagy Boulevard Reconstruction planned for 2027-2028. The consultant team of TD&H Engineering and Kittelson have been hired to lead design of the project. Tasks completed to date include survey, geotechnical investigation, and traffic study with conceptual alternatives. 133 City staff has led public engagement with the intent of confirming the scope of improvements for final design. Having considered feedback received, staff proposes the following scope of improvements for final design: Mill & Overlay of pavement surface Reconstruction of north sidewalk and addition of boulevard with appropriate street trees Maintain parking lane along south curb Addition of shared use path and boulevard with appropriate street trees along south curb Addition of elevated mid-block crosswalk with Rapid Rectangular Flashing Beacon (RRFB) between 9th and 10th street Removal of limited driveway cuts along north curb with addition of street parking Maintain existing all-way stop control at S 8th intersection Commission and members of the public are asked to review the FY26-30 CIP and the project Engage page prior to the work session. UNRESOLVED ISSUES:Scope of Final Design. ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:Project SIF157 has been allocated $2,465,800 from the Arterial & Collector District in the FY26 Operation Budget. Current cost estimate of proposed improvements is approximately $1,500,000. Attachments: College St Preliminary Design.pdf Report compiled on: December 29, 2025 134 SDSDSDSDSDSDSDPROPERTY LINES(TYP.)NEW CONCRETE SIDEWALKNEW DRIVEWAY APRONNEW LANDSCAPING / BOULEVARDNEW ASPHALT SHARED-USE PATHS. 11TH AVE. S. 9TH AVE. S. 10TH AVE. S. 8TH AVE.W. COLLEGE ST.MONTANA STATE UNIVERSITYCOOPER PARKNEIGHBORHOOD ASSOCIATION10' SHARED-USE PATHW/ BOULEVARDRECONSTRUCT 24'PARKING LOT ACCESSAERIAL IMAGE NOVEMBER 2024FIRE HYDRANTFIRE HYDRANTFIRE HYDRANT5' SIDEWALKW/ BOULEVARDRECONFIGUREDPARKINGPEDESTRIANOPPORTUNITYZONERELOCATEACCESSRECONFIGUREDPARKINGPEDESTRIANOPPORTUNITYZONEALL-WAY STOP CONTROLINTERSECTIONCOLLEGE STREET RECONSTRUCTIONCORRIDOR OVERVIEWC1.0_OVERVIEWDESIGNED BY:QUALITY CHECK:JOB NO.FIELDBOOKDRAWN BY:DATE:REV DATE REVISION PRINTED 2026-01-06 , BY CODY CROSKEY, I:\2024\BOZ\B24-083 COB COLLEGE STREET\06_CADD\CIVIL\DWG\C1.0_OVERVIEW.DWG COLLEGE STREET RECONSTRUCTION - 8TH AVE. TO 11TH AVE. CITY OF BOZEMAN - MONTANA CJCCJCB24-083SHEET.DWG12.31.25NOT FORCONSTRUCTIONNOT FORCONSTRUCTIONPAGE SETUP ---- Engineering 234 E. BABCOCK ST., SUITE 3 • BOZEMAN, MONTANA 59715 406.586.0277 • tdhengineering.com PRELIMINARY DESIGNPROJECT OVERVIEWC1.0040'80'120'S C A L ENEW 6"-18" BLOCKRETAINING WALLREALIGN SIDEWALKW/ STEPSRECONSTRUCT DRIVEWAYS (TYP.)ALLEY ALLEY ALLEYNEW STORM DRAIN (TYP.)NEW 10" PUBLICACCESS EASEMENTNEW CURB INLET (TYP.)RAISED CROSSWALKWITH RRFB FLASHER UNITSPARKING LANEPARKING LANENEW PEDESTRIANLIGHTING (TYP.)NEW PEDESTRIANLIGHTING (TYP.)135 EFEFEFEFELSSSDSDSDTFTFWWWWWWSSSDSD48 6 0 48 6 1 4862486348644 8 6 5 PROPERTY LINES(TYP.)NEW CONCRETE SIDEWALKNEW DRIVEWAY APRONNEW LANDSCAPING / BOULEVARDNEW ASPHALT SHARED-USE PATHS. 11TH AVE. S. 10TH AVE.W. COLLEGE ST.RECONSTRUCT 26'DRIVE ACCESSAERIAL IMAGE NOVEMBER 2024EX. FIRE HYDRANTRECONFIGURED 45°ANGLED PARKINGPEDESTRIANOPPORTUNITYZONENEW 13' ONE-WAYDRIVE ACCESSROADWAY IMPROVEMENTS10TH AVE. - 11TH AVE.C1.1_ROADWAY 10TH-11THDESIGNED BY:QUALITY CHECK:JOB NO.FIELDBOOKDRAWN BY:DATE:REV DATE REVISION PRINTED 2025-12-31 , BY CODY CROSKEY, I:\2024\BOZ\B24-083 COB COLLEGE STREET\06_CADD\CIVIL\DWG\C1.1_ROADWAY 10TH-11TH.DWG COLLEGE STREET RECONSTRUCTION - 8TH AVE. TO 11TH AVE. CITY OF BOZEMAN - MONTANA CJCCJCB24-083SHEET.DWG12.31.25NOT FORCONSTRUCTIONNOT FORCONSTRUCTIONPAGE SETUP ---- Engineering 234 E. BABCOCK ST., SUITE 3 • BOZEMAN, MONTANA 59715 406.586.0277 • tdhengineering.com PRELIMINARY DESIGNROADWAY IMPROVEMENTS - 10TH AVE. TO 11TH AVE.C1.1015'30'45'S C A L EALLEYCONNECT TOEX. SDMHEX. SSMHEX. ELEC. MHREPLACE CONC. SIDEWALKNEW 10' ASPHALTSHARED-USE PATHREPLACE EX. 8" CLAYSTORM LINE (NEW 15" MIN.)EX. SSMHNEW SDMHSAWCUT & START NEWPAVEMENT REPLACEMENTREPLACE STRIPINGRECONSTRUCT 24'DRIVE ACCESSNEW SDMHONE-WAY TRAFFICEX. SIGNEX. SIGNPARKING LANEREMOVE & REPLACE4" ASPHALT PAVEMENTNEW CONC. SIDEWALKCONNECTIONEX. POWER POLEW/ STREET LIGHTRESET STOP SIGNNEW ADA RAMP& CROSSWALKNEW STOP SIGNNEW 5' SIDEWALKNEW 6' BOULEVARDCOLOMBO'SRESTAURANTS/BUSINESSESEX. PUBLIC STREETAND UTILITY EASEMENTDOC. NO. 2387874NEW PEDESTRIAN LIGHTS(FINAL SPACING TBD)EX. STREET LIGHTEX. LIGHT POLEEX. LIGHT POLE136 ELSSSSTFWWWWWWWELSSTSDTFTF48654866 486748684868PROPERTY LINES(TYP.)NEW CONCRETE SIDEWALKNEW DRIVEWAY APRONNEW LANDSCAPING / BOULEVARDNEW ASPHALT SHARED-USE PATHS. 10TH AVE. S. 9TH AVE.W. COLLEGE ST.RECONSTRUCT 40'DRIVE ACCESSAERIAL IMAGE NOVEMBER 2024EX. FIRE HYDRANTROADWAY IMPROVEMENTS9TH AVE. - 10TH AVE.C1.2_ROADWAY 9TH-10THDESIGNED BY:QUALITY CHECK:JOB NO.FIELDBOOKDRAWN BY:DATE:REV DATE REVISION PRINTED 2025-12-31 , BY CODY CROSKEY, I:\2024\BOZ\B24-083 COB COLLEGE STREET\06_CADD\CIVIL\DWG\C1.2_ROADWAY 9TH-10TH.DWG COLLEGE STREET RECONSTRUCTION - 8TH AVE. TO 11TH AVE. CITY OF BOZEMAN - MONTANA CJCCJCB24-083SHEET.DWG12.31.25NOT FORCONSTRUCTIONNOT FORCONSTRUCTIONPAGE SETUP ---- Engineering 234 E. BABCOCK ST., SUITE 3 • BOZEMAN, MONTANA 59715 406.586.0277 • tdhengineering.com PRELIMINARY DESIGNROADWAY IMPROVEMENTS - 9TH AVE. TO 10TH AVE.C1.2015'30'45'S C A L EALLEY REPLACE EX. SDMH,RE-ROUTE STORMWATERTO NEW MAIN LINEEX. SSMHEX. ELEC. MHCONTINUE CONC.SIDEWALKNEW 10' ASPHALTSHARED-USE PATHEX. SSMHNEW SDMHSAWCUT & START NEWPAVEMENT REPLACEMENTREPLACE STRIPINGRECONSTRUCT 19.5'DRIVE ACCESSNEW SDMHPARKING LANEREMOVE & REPLACE4" ASPHALT PAVEMENTEX. POWER POLE (TYP.)RESET STOP SIGNNEW ADA RAMP& CROSSWALKREPALCE 5' SIDEWALKREPLACE 6'+ BOULEVARDCONOCOSAWCUT & START NEWPAVEMENT REPLACEMENTREMOVE EX. 8"CLAY STORM LINENEW STORM MAIN(15" MIN.)PARKING LANENEW STORM INLETPUMPSPUMPSLANGFORDHALLCULBERTSONHALLMULLANHALLNEW 6"-18" BLOCKRETAINING WALLREALIGN SIDEWALKW/ STEPSNEW 6' BOULEVARDNEW 10' PUBLICACCESS EASEMENTEX. COMM. MHEX. COMM. MHEX. SSMH25'NEW RRFBNEW RRFBNEW STORM INLETNEW RAISED CONC.CROSSWALKNEW SDMHPARKING LANEEX. ELEC. MHNEW ADA RAMP& CROSSWALKRECONSTRUCT 27.5'DRIVE ACCESSJOE'S PARKWAYRECONSTRUCT 14'ALLEY ACCESSREMOVE EX. LIGHT POLES(COORDINATE W/ MSU)NEW PEDESTRIAN LIGHTS(FINAL SPACING TBD)EX. POWER POLEW/ STREET LIGHTEX. POWER POLEW/ STREET LIGHTNEW PEDESTRIAN LIGHTS(FINAL SPACING TBD)EX. LIGHTPOLE137 ELSSSSSSTTFWWWWWWWSSSDTFTFTF48684869PROPERTY LINES(TYP.)NEW CONCRETE SIDEWALKNEW DRIVEWAY APRONNEW LANDSCAPING / BOULEVARDNEW ASPHALT SHARED-USE PATHS. 9TH AVE. S. 8TH AVE.W. COLLEGE ST.AERIAL IMAGE NOVEMBER 2024EX. FIREHYDRANTROADWAY IMPROVEMENTS8TH AVE. - 9TH AVE.C1.3_ROADWAY 8TH-9THDESIGNED BY:QUALITY CHECK:JOB NO.FIELDBOOKDRAWN BY:DATE:REV DATE REVISION PRINTED 2025-12-31 , BY CODY CROSKEY, I:\2024\BOZ\B24-083 COB COLLEGE STREET\06_CADD\CIVIL\DWG\C1.3_ROADWAY 8TH-9TH.DWG COLLEGE STREET RECONSTRUCTION - 8TH AVE. TO 11TH AVE. CITY OF BOZEMAN - MONTANA CJCCJCB24-083SHEET.DWG12.31.25NOT FORCONSTRUCTIONNOT FORCONSTRUCTIONPAGE SETUP ---- Engineering 234 E. BABCOCK ST., SUITE 3 • BOZEMAN, MONTANA 59715 406.586.0277 • tdhengineering.com PRELIMINARY DESIGNROADWAY IMPROVEMENTS - 8TH AVE. TO 9TH AVE.C1.3015'30'45'S C A L EALLEYEX. SSMHEX. ELEC. MHREMOVE EX. APRON& CURB CUTNEW 10' ASPHALTSHARED-USE PATHEX. SSMHSAWCUT & START NEWPAVEMENT REPLACEMENTREPLACE STRIPINGRECONSTRUCT 20'DRIVE ACCESSNEW SDMHPARKING LANEREMOVE & REPLACE4" ASPHALT PAVEMENTEX. POWER POLE (TYP.)RESET STOP SIGNNEW CROSSWALK STRIPING(AT ALL APPROACHES)REPALCE 5' SIDEWALKREPLACE 6'+ BOULEVARDAMELIA'SNEW STORM MAIN(15" MIN.)PARKING LANENEW STORM INLETMULLANHALLNEW 6' BOULEVARDREMOVE EX. LIGHT POLES(COORDINATE W/ MSU)NEW 10' PUBLICACCESS EASEMENTEX. COMM. MHNEW STORM INLETNEW SDMHNEW ADA RAMP& CROSSWALKRECONSTRUCT 22'DRIVE ACCESSEXXONWIDEN/RECONSTRUCT20' ALLEY ACCESSCOLTERHALLPRYORHALLEX. SSMHRECONSTRUCT 18'DRIVE ACCESSEX. COMM. VAULTSAWCUT & START NEWPAVEMENT REPLACEMENTEX. FIRE HYDRANTPUMPSPUMPSPICKLEBARRELRECONSTRUCT 30'DRIVE ACCESSREMOVE LIGHT POLERECONFIGUREPARKINGPEDESTRIANOPPORTUNITYZONEEX. INLETEX. INLETEX. STOP SIGNEX. SDMHADA RAMPSTO REAMININSTALL NEW ADA RAMPSEX. STOP SIGNEX. STOP SIGNNEW ADA RAMPSNEW ADA RAMPSREPLACECONCRETERE-PAVE NEW ALLEYENTRANCE TO PARKING LOTEX. POWER POLEW/ STREET LIGHTNEW PEDESTRIAN LIGHTS(FINAL SPACING TBD)EX. POWER POLEW/ STREET LIGHTNEW PEDESTRIAN LIGHTS(FINAL SPACING TBD)138 EFELELSSSSSSSSSSSSSDTTFTFTFTFWWWWWWWWWWWWCOLLEGE STREET(RECORD WIDTH 60')TENTH AVENUE(RECORD WIDTH 60') NINTH AVENUE (RECORD WIDTH 60') EIGHTH AVENUE (RECORD WIDTH 88')CAPITOL HILL ADDITION(C-37)COS NO. 996BLOCK 52WEST PARK ADDITION(C-49)BLOCK 51WEST PARK ADDITION(C-49)BLOCK 50WEST PARK ADDITION(C-49)(C-2)BLOCK 5CAPITOL HILL ADDITION(RECORD WIDTH 14') ALLEY (RECORD WIDTH 14') ALLEY (RECORD WIDTH 14')ELSSTSDSSTFSDTFTFTFLARGE DECIDUOUSCANOPY TREESMALL DECIDUOUS TREEEXISTING DECIDUOUSTREEEXISTING CONIFER TREECONCEPT PLANT SCHEDULEB24-083 L1.XDESIGNED BY:QUALITY CHECK:JOB NO.FIELDBOOKDRAWN BY:DATE:REV DATE REVISION PRINTED 2025-12-31 , BY ALY ROSS, I:\2024\BOZ\B24-083 COB COLLEGE STREET\06_CADD\LANDSCAPE\B24-083 L1.X.DWG COB COLLEGE STREET BOZEMAN, MT JEMAMRJCCB24-083SHEET.DWG12/31/25NOT FORCONSTRUCTIONNOT FORCONSTRUCTIONPAGE SETUP ---- Engineering 234 E. BABCOCK ST., SUITE 3 • BOZEMAN, MONTANA 59715 406.586.0277 • tdhengineering.comLANDSCAPE PLAN, NOTES & SCHEDULESHEETL1.0L1.0 LANDSCAPE PLAN, NOTES & SCHEDULEL1.1 LANDSCAPE PLANL1.2 LANDSCAPE PLANLANDSCAPE SHEET INDEXLANDSCAPE SHEET MAP SHEET L1.1NO SCALE - DO NOT USESHEET MAP FOR LAYOUTOR DIMENSIONING OF ANYPROJECT ATTRIBUTESSHEET L1.2ALY ROSS, PLALANDSCAPE ARCHITECTTD&H ENGINEERING1800 RIVER DRIVE SOUTHGREAT FALLS, MT 59401406-761-3010COLLEGE STREET-BETWEEN ELEVENTH AND EIGHTH AVE.BOZEMAN, MT 59715CITY OF BOZEMAN121 N. ROUSE AVE.BOZEMAN, MT 59715406-582-2300CONTACT INFOPROPERTY OWNERPROJECT ADDRESS & LEGAL DESCRIPTIONPRESCRIPTIVE LANDSCAPE DESIGN PATHWAYLANDSCAPE DESIGN APPROVAL PATHWAY SELECTEDPRESCRIPTIVETOTAL LANDSCAPE AREA8,097 SFSEE SHEET L1.1 FOR PLANT SCHEDULECODEREQUIREMENTCALCULATIONRESULTPRESCRIPTIVE PATHWAY CRITERIALANDSCAPE ANDIRRIGATION PERFORMANCEAND DESIGN STANDARDSMANUAL 3.2.11a) TOTAL SOD AREA MUST NOT EXCEED 20% OFTOTAL LANDSCAPE AREA. ALL OTHER PLANTS TOBE O.3 PLANT FACTOR OR LESS20% X 8,097 SF=1,619 SF0% TURF PROVIDED, 100% DROUGHTTOLERANT SPECIES AND 0.3 ORLESS PLANT FACTOR SPECIES USEDNO OVERHEAD IRRIGATION IN AREAS LESS THAN 8'WIDETEMPORARY IRRIGATION ONLY INBOULEVARDSLANDSCAPED AREA COVERAGE REQUIREMENTSLANDSCAPE ANDIRRIGATION PERFORMANCEAND DESIGN STANDARDSMANUAL 3.2.160 PERCENT OF THE SITE AREA NOT INCLUDED INFOOTPRINTS OF BUILDINGS OR STRUCTURES,SIDEWALKS, DRIVEWAYS, WALKWAYS, OR OTHERHARDSCAPED AREAS MUST BE LANDSCAPED ANDMAINTAINED WITH SOME COMBINATION OFVEGETATIVE UNDERSTORY PLANTINGS OR OTHERLIVING PLANTSLANDSCAPE COVERAGE: 60% X 8,097 SF=4,858 SF REQUIRED% VEGETATIVE COVER T.B.D. WITHPLANTING PLANADDITIONAL REQUIREMENTS FROM BOZEMAN MUNICIPAL CODEBMC 38.550.050.ESTREET FRONTAGE LANDSCAPING REQUIREDCOLLEGE STREET-NORTHONE LARGE CANOPY PER 50' STREETFRONTAGE REQUIRED. 619 L.F. / 50TREES PER L.F. = 12 LARGE CANOPYTREES REQUIRED12 SMALL CANOPY TREES PROVIDEDON NORTH SIDE DUE TO OVERHEADPOWER LINES, TREE QUANTITIES AREREDUCED DUE TO CONFLICTS WITHEXISTING UTILITIES.COLLEGE STREET-SOUTHONE LARGE CANOPY PER 50' STREETFRONTAGE REQUIRED. 790 L.F. / 50TREES PER L.F. = 16 LARGE CANOPYTREES REQUIRED8 LARGE CANOPY TREES PROVIDEDON SOUTH SIDE. TREES QUANTITIESARE REDUCED DUE TO CONFLICTSWITH EXISTING UTILITIES.139 ELSSSSSSSDTFTFWWWWWCAPITOL HILL ADDITION(C-37)WEST PARK ADDITION(C-49)BLOCK 51WEST PARK ADDITION(C-49)ELSSTSDTFEXISTINGPARKING LOTLANGFORDRESIDENCE HALLEXISTINGPARKING LOTEXISTINGPARKING LOTGAS STATIONMARKETCOLLEGE STREETALLEY CULBERTSON HALLTENTH AVENUE.GAS STATIONALLEYPLAZA/SEATING AREARESTAURANTCOMMERCIALBUILDINGPROPOSED SHARED USEPATH, PER CIVILPROPOSED SIDEWALKS &DRIVEWAYS PER CIVILMID-BLOCK CROSSING,PER CIVILPROPOSED RETAININGWALL, PER CIVILPROPOSED SIDEWALKPER CIVILPROPOSED LIGHT POLE,TYP. PER CIVILPROPOSED LIGHT POLE,TYP. PER CIVILLARGE DECIDUOUSCANOPY TREESMALL DECIDUOUS TREEEXISTING DECIDUOUSTREEEXISTING CONIFER TREECONCEPT PLANT SCHEDULESYMBOLDESCRIPTIONQTYNATIVE OR DRYLAND SEED MIX+/- 5,294 SFPLANTING BED: DROUGHT TOLERANT SHRUBS, PERENNIALS ANDORNAMENTAL GRASSES+/- 2,803 SFMETAL EDGING+/- 41 LFEXISTING LANDSCAPING, RESTORE DISTURBED AREAS IN KIND SCHEDULEB24-083 L1.XDESIGNED BY:QUALITY CHECK:JOB NO.FIELDBOOKDRAWN BY:DATE:REV DATE REVISION PRINTED 2025-12-31 , BY ALY ROSS, I:\2024\BOZ\B24-083 COB COLLEGE STREET\06_CADD\LANDSCAPE\B24-083 L1.X.DWG COB COLLEGE STREET BOZEMAN, MT JEMAMRJCCB24-083SHEET.DWG12/31/25NOT FORCONSTRUCTIONNOT FORCONSTRUCTIONPAGE SETUP ---- Engineering 234 E. BABCOCK ST., SUITE 3 • BOZEMAN, MONTANA 59715 406.586.0277 • tdhengineering.comLANDSCAPE PLANSHEETL1.1LANDSCAPE PLAN 020'40'60'S C A L ESHEET L1.2 140 ELSSSSSSTTFWWWWWWWBLOCK 50WEST PARK ADDITION(C-49)SDSSSDTFTFTFCOLLEGE STREETGASSTATIONALLEY NINTH AVENUE. EIGHTH AVENUE.EIGHTH AVENUE.MULLAN HALLCOLTER HALLPRYOR HALLGAS STATIONRESTAURANTGAS STATIONRESTAURANTEXISTINGPARKING LOTPLAZA/SEATING AREAPROPOSED SHARED USEPATH, PER CIVILPROPOSED SIDEWALKS &DRIVEWAYS PER CIVILSEAT WALLPROPOSED LIGHT POLE,TYP. PER CIVILPROPOSED LIGHT POLE,TYP. PER CIVILLARGE DECIDUOUSCANOPY TREESMALL DECIDUOUS TREEEXISTING DECIDUOUSTREEEXISTING CONIFER TREECONCEPT PLANT SCHEDULESYMBOLDESCRIPTIONQTYNATIVE OR DRYLAND SEED MIX+/- 5,294 SFPLANTING BED: DROUGHT TOLERANT SHRUBS, PERENNIALS ANDORNAMENTAL GRASSES+/- 2,803 SFMETAL EDGING+/- 41 LFEXISTING LANDSCAPING, RESTORE DISTURBED AREAS IN KIND SCHEDULEB24-083 L1.XDESIGNED BY:QUALITY CHECK:JOB NO.FIELDBOOKDRAWN BY:DATE:REV DATE REVISION PRINTED 2025-12-31 , BY ALY ROSS, I:\2024\BOZ\B24-083 COB COLLEGE STREET\06_CADD\LANDSCAPE\B24-083 L1.X.DWG COB COLLEGE STREET BOZEMAN, MT JEMAMRJCCB24-083SHEET.DWG12/31/25NOT FORCONSTRUCTIONNOT FORCONSTRUCTIONPAGE SETUP ---- Engineering 234 E. BABCOCK ST., SUITE 3 • BOZEMAN, MONTANA 59715 406.586.0277 • tdhengineering.comLANDSCAPE PLANSHEETL1.2LANDSCAPE PLAN 020'40'60'S C A L ESHEET L1.1 141 Memorandum REPORT TO:City Commission FROM:Alex Newby, Deputy City Clerk Mike Maas, City Clerk Chris Saunders, Community Development Manager SUBJECT:Appointments to the Community Development Advisory Board MEETING DATE:January 13, 2026 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Consider the Motion: I move to appoint up to two Bozeman Citizen members to the Community Development Board for terms ending December 31, 2027. AND I move to appoint [INSERT NAME] as the Chair and [INSERT NAME] as the Vice-chair STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders. BACKGROUND:The Community Development Board has two Commission appointed positions available due to a combination of vacancy and the expiration of terms. The new terms will expire on December 31, 2027. The City Clerks' Office posted the notice of positions online and ran a legal ad in the Bozeman Daily Chronicle. Applications were open and accepted until November 30, 2025. Four applications were received. An interview panel was held in conformance with Resolution 5323. The roles of Chair and Vice-chair will need to be designated for the upcoming term. UNRESOLVED ISSUES:None ALTERNATIVES:As determined by the Commission. FISCAL EFFECTS:None Attachments: Community Development Board for Agenda.pdf 142 Report compiled on: December 2, 2024 143 Submit Date: Nov 24, 2025 Email Address First Name Middle Initial Last Name Home Address Suite or Apt City State Postal Code Primary Phone Alternate Phone Employer Job Title Occupation Boards & Commissions Application Form Profile Which Boards would you like to apply for? Community Development Board: Submitted How did you hear about this Board/Commission or vacancy? Douglas Fischer recommended that I apply Interests & Experiences Please tell us about yourself and why you want to serve. Do you live within Bozeman city limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes No How long have you lived in the Bozeman area? * 1-5 years Have you ever served on a City or County Board or Commission? Yes No If yes, where, for how long, and on what Board/Commission? N/A Trevor J Nameniuk Bozeman MT 59718 Townsquare Media Account Executive Sales Trevor J Nameniuk 144 Please describe your professional and personal experiences, interests, and qualifications that make you a good fit for this board. I ran for Bozeman City Commission in 2025 based on my first-hand experience working/volunteering in Bozeman as a marketing professional and a CAP Mentor with Thrive which together give me a unique and close look into the lives and needs of community members. My specific qualifications come through degrees in both Political Science and Public Administration. And my sole interest, as interests relate here, is doing everything that I can contribute to the betterment of our growing city. The things I learned and the relationships that I've fostered through my campaign, paired with my directly-relatable experience and qualifications, all on top of my raw passion for being actively engaged in benefiting Bozeman's future, make me a plug-and-play fit to serve on the Community Development Board. On December 19, 2023, the City Commission adopted the Belonging in Bozeman Plan via <a href="https://weblink.bozeman.net/WebLink/DocView.aspx? id=291616&amp;dbid=0&amp;repo=BOZEMAN" target="_blank" rel="noopener">Resolution 5556</a>. Please describe your understanding of the Belonging in Bozeman Plan and any thoughts related to implementing the plan. My understanding of the Belonging in Bozeman Plan is that it was established to address any potential systematic inequities, especially in regard to housing, health, mobility, economic opportunity for residents. The plan features 98 made recommendations which, collectively, effectively influence how new development, city services, and civic processes evolve. It is rooted in data, referred to as "Equity Indicators," which allows for objective review and I believe that to be an imperative component to any plan. References Reference #1 Full Name Douglas Fischer Relationship to Reference Friend Phone Number Email Confirm Email Trevor J Nameniuk 145 Reference #2 Full Name Jeff Krauss Relationship to Reference Friend Phone Email Confirm Email The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be required to take online and in person ethics training? Yes No If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator at 406.582.2439. Please note that for most City Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Trevor J Nameniuk 146 Submit Date: Nov 19, 2025 Email Address First Name Middle Initial Last Name Home Address Suite or Apt City State Postal Code Primary Phone Alternate Phone Employer Job Title Occupation Boards & Commissions Application Form Profile Which Boards would you like to apply for? Community Development Board: Submitted How did you hear about this Board/Commission or vacancy? I was invited and encouraged by various members of City Commission and different community leaders. Interests & Experiences Please tell us about yourself and why you want to serve. Do you live within Bozeman city limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes No How long have you lived in the Bozeman area? * 1-5 years Have you ever served on a City or County Board or Commission? Yes No If yes, where, for how long, and on what Board/Commission? N/A- but I go to almost every city commission meeting Gracie A Caldwell Bozeman MT 59715 Montana State UniversityPlant Sciences Department BIOB160 TA (Introduction toMicrobiology)Full time student Gracie A Caldwell 147 Please describe your professional and personal experiences, interests, and qualifications that make you a good fit for this board. As an environmental science major, I do not just specialize in analyzing policy and projects through nonbiased, holistic perspectives. With my experience throughout my major, all of my education has contributed to me understanding key issues such as soil health, water allocation, energy use, and natural habitat creation. Additionally, as both an over-involved MSU student and an over-involved participant, I know I bring a unique perspective to community development in terms of sustainability. Some key experiences that would make me a good fit for this board include: 1. My previous employment with the Well-Educated well water extension program 2. My leadership in organizations such as Citizens Climate Lobby MSU, Campus Climate Coalition (Climate Week) MSU, and Grow Our World MSU 3. My internship at Shanghai Disney's Environmental Affairs team 4. My experience in city government with my Student Advisory Council initiative proposal On December 19, 2023, the City Commission adopted the Belonging in Bozeman Plan via <a href="https://weblink.bozeman.net/WebLink/DocView.aspx? id=291616&amp;dbid=0&amp;repo=BOZEMAN" target="_blank" rel="noopener">Resolution 5556</a>. Please describe your understanding of the Belonging in Bozeman Plan and any thoughts related to implementing the plan. The Belonging in Bozeman Plan, at its core, aims to support diversity of sexuality, gender, race, and ethnicity both within the city of Bozeman government, and within policy/action of the Bozeman city police. Suggestions: 1. The BPD should be implementing community outreach that involves teaching citizen's self-defense: especially in pepper spray workshops. Many students I know carry pepper spray, and frankly, wouldn't know how to use it if (god forbid) they were in a dangerous situation. This is a great opportunity for the BPD to not just connect with the community but actively empower them in a relevant field. 2. The City of Bozeman should make an effort to encourage applications from youth. While many students are still engaged in educational pursuits- they still have valuable experience, perspectives, and abilities that is lacking from the City of Bozeman. References Reference #1 Full Name Paul Lachapelle Relationship to Reference Advisor to an organization I run Phone Number Email Confirm Email Gracie A Caldwell 148 Reference #2 Full Name Rebecca Eberlin Relationship to Reference Advisory to the Student Advisory Council program I am trying to start Phone Email Confirm Email The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be required to take online and in person ethics training? Yes No If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator at 406.582.2439. Please note that for most City Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Gracie A Caldwell 149 Submit Date: Nov 03, 2025 Email Address First Name Middle Initial Last Name Home Address Suite or Apt City State Postal Code Primary Phone Alternate Phone Employer Job Title Occupation Boards & Commissions Application Form Profile Which Boards would you like to apply for? Community Development Board: Eligible How did you hear about this Board/Commission or vacancy? Side projects and wanting to become more involved in the city Interests & Experiences Please tell us about yourself and why you want to serve. Do you live within Bozeman city limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes No How long have you lived in the Bozeman area? * 6-10 years Have you ever served on a City or County Board or Commission? Yes No If yes, where, for how long, and on what Board/Commission? N/A Lauren Mitro Bozeman MT 59715 Williams Construction Designer Architecture, DesignConstruction Lauren Mitro 150 Please describe your professional and personal experiences, interests, and qualifications that make you a good fit for this board. From the start of my professional pursuits, I have been passionate about community building. I’ve surrounded myself with like minded individuals in pursuit of making our collective surrounding the best version it can be. My professional experiences have been based solely in architecture, art and design. I’ve been designing high end homes in Montana for the last 5 years and before that, pursued a Master’s of Fine Arts in Ohio, where I am originally from. Now that I am working remote, I am looking for ways to stay involved in the built environment around Bozeman. I am a devoted community member and would love the opportunity to serve on a board that is relevant to development and architecture. My personal experiences are rooted in my insatiable desire to make things. Thankfully, I am passionate about upcycling things and creating a sustainable practice that reuses until something is unusable anymore. I paint, I sew clothes and sell them, and I shoot photography for live music productions. These interests keep me present in the community and allow me to express my creativity while sharing it with others. On December 19, 2023, the City Commission adopted the Belonging in Bozeman Plan via <a href="https://weblink.bozeman.net/WebLink/DocView.aspx? id=291616&amp;dbid=0&amp;repo=BOZEMAN" target="_blank" rel="noopener">Resolution 5556</a>. Please describe your understanding of the Belonging in Bozeman Plan and any thoughts related to implementing the plan. My understanding of the Belonging in Bozeman Plan is that we are committed to a non- discriminatory process for employment, pay and altogether an inclusive community. This includes discrimination towards women, BIPOC, and any inequalities faced by humans. My thoughts are that this is a must in establishing and developing a city that feels like home to its inhabitants. A plan like this is crucial to the well being and prosperity of a city and I am proud that Bozeman has adopted this. References Reference #1 Full Name Jamie Dauggard Relationship to Reference Firm Owner & Boss in MT Phone Number Email Confirm Email Lauren Mitro 151 Reference #2 Full Name John Humphries Relationship to Reference Creative Mentor / College Studio Professor Phone Email Confirm Email The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be required to take online and in person ethics training? Yes No If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator at 406.582.2439. Please note that for most City Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Lauren Mitro 152 Submit Date: Oct 16, 2025 Email Address First Name Middle Initial Last Name Home Address Suite or Apt City State Postal Code Primary Phone Alternate Phone Employer Job Title Occupation Boards & Commissions Application Form Profile Which Boards would you like to apply for? Community Development Board: Eligible How did you hear about this Board/Commission or vacancy? Website and word-of-mouth Interests & Experiences Please tell us about yourself and why you want to serve. Do you live within Bozeman city limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes No How long have you lived in the Bozeman area? * 6-10 years Have you ever served on a City or County Board or Commission? Yes No If yes, where, for how long, and on what Board/Commission? NA Erik Bonnett Bozeman MT 59715 Studio Co+Hab Architect Architect Erik Bonnett 153 Please describe your professional and personal experiences, interests, and qualifications that make you a good fit for this board. In addition to my general experience as an architect involved in the building industry for two decades my career and practice has focused on several areas of innovation within the built environment that play out at the community development scale. For instance, as the architect of record for the Bozeman Cohousing project, I worked closely with staff and members of the public to create the first cohousing community in Montana and as well as I believe the first Zero Net Energy residential community in Montana. This project is typical of more than a dozen I have worked to design across the country. This experience means that I have a good understanding of the way that that planning approaches are applied both to typical and atypical projects locally and within a broader context. Our practice also robustly involves the future residents in the neighborhood design process, so I have a strong ability to engage the public around design and planning, including working to understand stakeholder input, recognize patterns, as well as valuable outlier ideas. Earlier at Rocky Mountain Institute I contributed to the creation of the LEED for Neighborhood Development standard, which is experience that would be useful in helping translate the city's sustainability goals into action. I would also like to note my activism in the UDC adoption process, including organizing architects to participate. I specifically would like to highlight the role I played working to build consensus between the Better Bozeman Coalition and pro-housing advocates. I was quoted in the Bozeman Chronicle saying “What are the shared values that people are coming to this conversation with? I think a lot of them actually overlap. There’s legitimate disagreements, but I think there’s common ground. ...Hopefully we can get to a place where we all live in the city together and treat each other well.” This attitude will reflect my service on the board: seeking to listen to all and build consensus around a positive vision for the future of our city. On December 19, 2023, the City Commission adopted the Belonging in Bozeman Plan via <a href="https://weblink.bozeman.net/WebLink/DocView.aspx? id=291616&amp;dbid=0&amp;repo=BOZEMAN" target="_blank" rel="noopener">Resolution 5556</a>. Please describe your understanding of the Belonging in Bozeman Plan and any thoughts related to implementing the plan. My understanding is that I have reviewed the document, especially focusing on the history and housing sections. The general approach to inclusion and understanding diversity aligned with past personal and professional work I have done. A recent thought I have on implementation is lamenting recent backsliding like the need to rename MSU's Diversity and Inclusion Student Commons to the Student Commons. However, this is just a new context into which the urgent work of the Plan needs to fit. Specifically in the housing sections five goals are more pertinent than ever. References Reference #1 Full Name Prof. Susanne Cowan Relationship to Reference Former Colleague, Client, Neighbor Phone Number Erik Bonnett 154 Email Confirm Email Reference #2 Full Name Kathryn Dayton Relationship to Reference Client, Neighbor Phone Email Confirm Email The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be required to take online and in person ethics training? Yes No If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator at 406.582.2439. Please note that for most City Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Erik Bonnett 155 Memorandum REPORT TO:City Commission FROM:Alex Newby, Deputy City Clerk Mike Maas, City Clerk Nick Ross, Director of Transportation and Engineering SUBJECT:Appointments of Chair and Vice-Chair to the Transportation Board MEETING DATE: January 13, 2026 AGENDA ITEM TYPE: Citizen Advisory Board/Commission RECOMMENDATION: Consider the Motion: I move to appoint [INSERT NAME] as the Chair and [INSERT NAME] as the Vice-chair to the Transportation Board. STRATEGIC PLAN: 1.2 Community Engagement: Broaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders. BACKGROUND: The Chair and Vice-Chair roles are currently vacant as the previous Chair and Vice- Chair terms expired and they elected to not reapply to the Board. The roles of Chair and Vice-chair need to be designated for the new term. UNRESOLVED ISSUES: None ALTERNATIVES: As per Commission decision.FISCAL EFFECTS: None. Report compiled on: January 7, 2026 156