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HomeMy WebLinkAbout04-14-2026- City Commission Agendas & 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. Authorize Absence D.1 Authorize the Absence of Mayor Morrison.(Maas) THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, April 14, 2026 City Commission meetings are open to all members of the public. 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. 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 Consider the Motion: I move to authorize the absence of Mayor Morrison. 1 E. FYI F. Commission Disclosures G. Consent G.1 Accounts Payable Claims Review and Approval (Edwards) G.2 Authorize the City Manager to Sign a Notice of Award to Omdahl Excavation and Utilities Inc. for Construction of the 2026 Water Renovations Project and Final Construction Documents Once Received(Gamradt) G.3 Ordinance, Final 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) G.4 Ordinance, Final 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) H. Public Comment on Non-agenda Items Falling Within the Purview and Jurisdiction of the Commission I. Special Presentation I.1 City of Bozeman Utilities Department - Tell our Story Presentation (Kohtz) I.2 State of the Courts Address J. Action Items J.1 Resolution of Creation of Special Improvement Lighting District 796 for W Aspen and 5th Ave.(Fine) Public comment on items within the Consent Agenda will be called for prior to the City Commission vote for approval. Oral comments are usually limited to three (3) minutes. This is the time to comment on any matter falling within the scope of the Bozeman City Commission. There will also be time in conjunction with each agenda item for public comment relating to that item but you may only speak once per topic. Please note, the City Commission cannot take action on any item which does not appear on the agenda. All persons addressing the City Commission shall speak in a civil and courteous manner and members of the audience shall be respectful of others. Please state your name, and state whether you are a resident of the city or a property owner within the city in an audible tone of voice for the record and limit your comments to three minutes. Written comments can be located in the Public Comment Repository. Special presentations typically have neither public nor City Commission comment. Public comment on all action items will be called for prior to the City Commission making a motion or conducting discussion. Oral comments are usually limited to three (3) minutes. Consider the Motion: Having considered all protests and finding they do not represent a majority of the property owners in the district, the protests are not sufficient to prevent creation of the district. I move to adopt Commission Resolution to Create Special Improvement Lighting District 796 for W Aspen 2 K. Work Session K.1 Traffic Safety Work Session(Ross) L. Appointments L.1 Appointment to the Transportation Board(Newby) M. FYI / Discussion N. Adjournment and 5th Ave. Public comment on all action items will be called for prior to the City Commission making a motion or conducting discussion. Oral comments are usually limited to three (3) minutes. Public comment will be called for on all appointments prior to City Commission voting. Oral comments are usually limited to three (3) minutes. Consider the Motion: I move to appoint [INSERT NAME] to the Transportation Board. 3 Memorandum REPORT TO:City Commission FROM:Alex Newby, Deputy City Clerk Mike Maas, City Clerk SUBJECT:Authorize the Absence of Mayor Morrison. MEETING DATE:April 14, 2026 AGENDA ITEM TYPE:Administration RECOMMENDATION:Consider the Motion: I move to authorize the absence of Mayor Morrison. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:Mayor Morrison notified the Commission of the intended absence. UNRESOLVED ISSUES:None. ALTERNATIVES:None. FISCAL EFFECTS:None. Report compiled on: August 15, 2025 4 Memorandum REPORT TO:City Commission FROM:Serena Axelson, Accounts Payable Clerk Rhonda Edwards, Accounts Payable Clerk Aaron Funk, City Controller Melissa Hodnett, Finance Director SUBJECT:Accounts Payable Claims Review and Approval MEETING DATE:April 14, 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 April 15, 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 5 Memorandum REPORT TO:City Commission FROM:Kellen Gamradt, Engineer II Shawn Kohtz, Director of Utilities SUBJECT:Authorize the City Manager to Sign a Notice of Award to Omdahl Excavation and Utilities Inc. for Construction of the 2026 Water Renovations Project and Final Construction Documents Once Received MEETING DATE:April 14, 2026 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a Notice of Award to Omdahl Excavation and Utilities Inc. for the Total Schedule 1 thru 3 Base Bid, in the Amount of $836,502.00. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:Attached is a copy of the Notice of Award for the above referenced project. The project generally involves: replacement of old cast iron water mains, hydrants, valves and appurtanences in portions of West Beall Street, West Lamme Street, and North 5th Avenue. The contract is to be completed within 90 calendar days of the issuance of the notice to proceed. Bids for the above-referenced project were opened on April 2nd with 5 bids being submitted. The low bid was submitted by Omdahl Excavation and Utilities, Inc in the amount of $836,502.00 for the base bid work. Staff have reviewed the bid and recommend it for award. The Bid Tabulation for the project is attached. UNRESOLVED ISSUES:none ALTERNATIVES:disapprove FISCAL EFFECTS:Funding has been appropriated in the FY27 Budget as project W04 for the contract amount. This project will be paid for by Water Fund. Attachments: 14-NoticeOfAward.frm.doc.pdf Bid Tab - 2026 Water Renovations.pdf 6 Report compiled on: April 2, 2026 7 NOTICE OF AWARD Dated: __________________ TO: __Omdahl Excavation & Utilities, Inc_ ADDRESS: _659 Morning Mist Road, Manhattan, MT59741__ PROJECT: __2026 Water Renovations Project ______ CONTRACT FOR: 2026 Water Renovations Project You are notified that your Bid opened on__April 2, 2026___, for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for the: 2026 Water Renovations Project. The Contract Price of your Contract is: ____Eight Hundred Thirty Six Thousand Five Hundred Two___ Dollars ($836,502.00). Three (3) copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Three (3) sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is, by _______________. 1. You must deliver to the OWNER Three (3) fully executed counterparts of the Agreement including all the Contract Documents and Drawings. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instruction to Bidders, and the General Conditions (paragraph 6.01). 3. List other conditions precedent: You must deliver with the executed Agreement the Certificates of Insurance as specified in the General Conditions (Article 6) and Supplementary Conditions (paragraphs SC-6.03 and SC-6.04). Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award, and to declare your Bid Security forfeited. Within ten (10) days after you comply with these conditions, OWNER will return to you two fully signed counterpart of the Agreement with the Contract Documents attached. CITY OF BOZEMAN, MONTANA ATTEST: BY: __________________________________ BY: ____________________________ (CITY MANAGER) (CITY CLERK) DATE: _______________________________ 8 Name:Contractor #:Affirmation Form:Bid Bond:Base Bid Total: Williams Civil Construction 158949 x x $987,723.00 Omdahl Excavation & Utilities 37068 x x $836,502.00 Central Plumbing and Heating 4443 x x $1,012,216.45 CK May Excavating, Inc 35949 x x $899,999.00 COP Construction LLC 55440 x x $1,068,975.00 Mike Maas Kellen Gamradt City Clerk Engineer II Bid Check:Delivered to Finance:Accepted By:Date: Bid Tab - 2026 Water Renovations These bids were opened and read before the undersigned at 2:00 pm on Thursday, April 3rd, 2025 9 Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Chris Saunders, Community Development Manager Erin George, Interim Director of Community Development SUBJECT:Ordinance, Final 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:April 14, 2026 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Finally adopt Ordinance. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND: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. The Commission provisionally adopted the Ordinance on January 13, 2026. 10 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 Ordinance 2026-_____.pdf 1727 Kenyon Drive Zoning Map.pdf Report compiled on: March 31, 2026 11 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 12 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 13 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. 14 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. 15 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 16 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 ACRESSEWERWATERTHIS PORTION OF LOT TO BE ANNEXEDTHIS PORTION OF LOT IS ALREADY IN THE CITYALDWORTHS 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)CONSTRUCTIVE SOLUTIONS, INC COPYRIGHT 2024PROJECT #:PHASEPRE SDDDCDDATEPO BOX 11529, BOZEMAN, MT 59719406 404-1560 www.constructivesolutionsmt.com24X36654321EDCBANOT FOR CONSTRUCTION USE5/27/2025 12:53:43 PM5/27/202512:53:43PMA804PROPOSED ZONING MAP1727 KENYON DRIVE ANNEXATION1727 KENYON DR.BOZEMAN, MT 59715ANNEXATION24602----1" = 40'-0"1PROPOSED ZONING MAPNNO WATER BODIES OR WETLANDS17 Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Chris Saunders, Community Development Manager Erin George, Interim Director of Community Development SUBJECT:Ordinance, Final 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:April 14, 2026 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Finally adopt Ordinance. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND: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. The Commission provisionally adopted the Ordinance on January 13, 2026. UNRESOLVED ISSUES:None ALTERNATIVES:As determined by the Commission 18 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: 24428 1519 Alder Court Ord.pdf 001.1-ZMA-1-Zoning Map Exhibit.pdf Report compiled on: March 31, 2026 19 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 20 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 21 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. 22 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.” 23 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. 24 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 25 26 Memorandum REPORT TO:City Commission FROM:Shawn Kohtz, Director of Utilities SUBJECT:City of Bozeman Utilities Department - Tell our Story Presentation MEETING DATE:April 14, 2026 AGENDA ITEM TYPE:Administration RECOMMENDATION:Receive special presentation on Utilities Department operations. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:This special presentation will provide City Commission and the public with highlights of the operations of the Utilities Department. The Utilities Department includes the Stormwater, Supervisory Control and Data Acquisition (SCADA), Water and Sewer, Water Conservation, Water Reclamation Facility, Water Resources Engineering, and Water Treatment Plant Divisions. The utilities department provides reliable potable water to the community, ensures wastewater (sewage) is collected and treated to a high standard before discharge to the East Gallatin River, and manages stormwater quantity to limit flooding and quality to protect the watershed. This presentation will highlight the exceptional service provided by the Utilities Department. UNRESOLVED ISSUES:None ALTERNATIVES:None FISCAL EFFECTS:None Report compiled on: March 9, 2026 27 Memorandum REPORT TO:City Commission SUBJECT:State of the Courts Address MEETING DATE:April 14, 2026 AGENDA ITEM TYPE:Administration RECOMMENDATION:Receive the State of the Courts Address from Honorable Karolina Tierney. 28 Memorandum REPORT TO:City Commission FROM:Bernie Massey, Assistant Treasurer Laurae Clark, Treasurer Melissa Hodnett, Finance Director SUBJECT:Resolution of Creation of Special Improvement Lighting District 796 for W Aspen and 5th Ave. MEETING DATE:April 14, 2026 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Consider the Motion: Having considered all protests and finding they do not represent a majority of the property owners in the district, the protests are not sufficient to prevent creation of the district. I move to adopt Commission Resolution to Create Special Improvement Lighting District 796 for W Aspen and 5th Ave. STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND:On March 10, 2026, the City Commission adopted Resolution No. 2026-24 Intent to Create Special Improvement Lighting District 796 W Aspen and 5th Ave as per MCA 7-12-4301. The property owners have been noticed of the public hearing on this date. Creating a lighting district is a requirement of final plat approval. 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 by billing property owners each year on their City Assessment bill. It is estimated to cost $.283986 per lineal foot within the district or $1,197.00 annually for the entire district. Attachments: Resolution-Creation of SILD 796.docx Exhibit A.pdf Report compiled on: April 2, 2026 29 30 RESOLUTION A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT NO. 796 (W ASPEN AND 5TH AVE) CREATING 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 Passage of Resolution of Intention. This Commission, on March 10, 2026, adopted Resolution No 2026-24 (the “Resolution of Intention”), pursuant to which this Commission declared its intention to create a special lighting district, designated as Special Lighting District No. 796 (W ASPEN AND 5TH AVE) of the City (the “District”), under Montana Code Annotated, Title 7, Chapter 12, Part 43, as amended (the “Act”), for the purpose of financing costs of certain local improvements described generally therein (the “Improvements”) and paying costs incidental thereto, including costs associated with the creation and administration of the District. Section 2 Notice of Passage of the Resolution of Intention and Public Hearing on Protests. Notice of passage of the Resolution of Intention was duly published, posted and mailed in all respects in accordance with law, and on March 10, 2026, this Commission approved the creation of the 31 district and the making of the Improvements. The meeting of this Commission at which this resolution was adopted is the first regular meeting of the Commission following the expiration of the period ended 15 days after the first date of publication of the notice of passage of the Resolution of Intention (the “Protest Period”). Section 3 Protests. Within the Protest Period, one (1) protest was filed with the City Clerk. Section 4 Creation of the District; Insufficiency of Protests. The district is hereby created on the terms and conditions set forth in and otherwise in accordance with, the Resolution of Intention. The protests against the creation of the District or the making of the Improvements filed during the Protest Period are hereby found to be insufficient. The findings and determinations made in the Resolution of Intention are hereby ratified and confirmed Section 5 Preparation and Levying of Assessments. It shall be the duty of the City Clerk to prepare all necessary schedules and resolutions for the levying of assessments in the district necessary to finance the Improvements and present such resolution to this Commission for adoption in conformance with Section 7-12-4328, M.C.A., on or before the first Monday in October. The City Clerk is authorized to provide notice of the resolution of assessment and schedule a public hearing therefore in conformance with Sections 7-12-4329 and 7-12-4330, M.C.A., and upon final passage of such resolution deliver it to the City Treasurer. 32 Section 6 Lighting District Fund Established. There is hereby created a fund to be known as the Special Lighting District No. 796 Fund (the “Fund”). All money derived from the collection of the assessments as provided in Section 5 herein and the Act shall be deposited in the Fund and used to pay costs of the Improvements. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 14th day of April 2026. ___________________________________ JOEY MORRISON Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 33 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 LIGHTING DISTRICT 796 (W ASPEN AND 5TH AVENUE); CREATING 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 at a meeting on March 10, 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 14th day of April 2026. __________________________________ MIKE MAAS City Clerk 34 A SPECIAL IMPROVEMENT LIGHTING DISTRICT TO SERVE W. ASPEN STREET BETWEEN THE EASTERN EDGE OF THE N. 7TH AVENUE RIGHT-OF-WAYTO THE WESTERN EDGE OF THE N. 5TH AVENUE RIGHT-OF-WAY, 50 FEET NORTH AND SOUTH OF THE W. ASPEN STREET RIGHT-OF-WAY AND; N.5TH AVENUE BETWEEN THE NORTHERN EDGE OF THE W. PEACH STREET RIGHT-OF-WAY AND THE NORTHERN EDGE OF THE W. HEMLOCK STREETRIGHT-OF-WAY, ADJACENT STREETS EAST AND WEST OF N. 5TH AVENUE FOR A DISTANCE OF 50 FEET TO THE WEST SIDE OF N. 5TH AVENUE AND115 FEET TO THE EAST SIDE OF N. 5TH AVENUE.EXHIBIT AW. HEMLOCK STW. TAMARACK STW. ASPEN STDURSTON RDW. PEACH STN. 7th AVENUELEGEND:135 W LED FIXTURE ON 25' POLESTRING LIGHTS (APPROX 1,620 LF)24 W LED FIXTURE ON 14' POLE90 W LED FIXTURE ON 22' POLEPARCEL LINES IMPORTED AND SCALED(BEST FIT) FROM MONTANA STATECADASTRAL GIS DATA.W. JUNIPER ST©PROJECT NO.FIGURE NUMBERCOPYRIGHT MORRISON-MAIERLE,2025N:\0417\099-N7th Midtown SILD\ACAD\Exhibits\SILD Exhibit - Aspen_5th.dwg Plotted by chris michael on Nov/20/2025DRAWN BY:DSGN. BY:APPR. BY:DATE:engineers surveyors planners scientistsMorrisonMaierle2880 Technology Blvd WestBozeman, MT 59718406.587.0721www.m-m.net0417.099.010EX AMIDTOWN DISTRICTLIGHTING IMPROVEMENTSW ASPEN ST AND 5TH AVE SILDBOZEMANMONTANACGMCPKCPK11/21/20253006000SCALE IN FEETNEW SILD135 W LUMINAIRES (LED) = 12EA90 W LUMINAIRES (LED)= 2EA24 W LUMINAIRES (LED)= 17EASTRING LIGHTS (LED)= 540EAN. 5th AVENUE35 Memorandum REPORT TO:City Commission FROM:Nicholas Ross - Director of Transportation and Engineering SUBJECT:Traffic Safety Work Session MEETING DATE:April 14, 2026 AGENDA ITEM TYPE:Plan/Report/Study RECOMMENDATION:Participate in work session on city traffic safety policy and progress. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:Staff from the city's Department of Transportation & Engineering and Bozeman Police Department will participate in a work session on traffic safety policy and progress since the adoption of Bozeman's Streets Are For Everyone (SAFE) Plan. Bozeman's SAFE Plan was adopted in 2022 as a framework for holistic management of traffic safety on city-maintained streets. The plan is modeled after the Safe System Approach with the explicit goal of reducing and eliminating severe and fatal traffic crashes. This work session will provide City Commission and the public with an overview of the SAFE plan, progress updates on accomplishments since plan adoption, and what activities are currently planned to advance our shared safety goals. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:None. Report compiled on: April 1, 2026 36 Memorandum REPORT TO:City Commission FROM:Alex Newby, Deputy City Clerk Mike Maas, City Clerk Nick Ross, Director of Transportation and Engineering SUBJECT:Appointment to the Transportation Board MEETING DATE:April 14, 2026 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Consider the Motion: I move to appoint [INSERT NAME] 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 Transportation Board has one position available due to expiration of appointed terms with new terms ending December 31, 2030. The City Clerks' Office posted the vacant position online and ran a legal ad in the Bozeman Daily Chronicle. Applications were open and accepted until March 15, 2026. One application was received; applicant is confirmed elector of the City in conformance with state statute regarding the requirements of members of a Parking Commission. An interview panel was held in conformance with Resolution 5323. UNRESOLVED ISSUES:None ALTERNATIVES:As per Commission decision. FISCAL EFFECTS:None. Attachments: Simon Rucinski App for Agenda.pdf Report compiled on: January 7, 2026 37 Submit Date: Mar 19, 2026 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? Transportation Board: For Review How did you hear about this Board/Commission or vacancy? A friend informed me of the vacancy and recommended 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 Simon Rucinski Bozeman MT 59715 Intrinsik Architecture Project Manager Architectural ProjectManager Simon Rucinski 38 Please describe your professional and personal experiences, interests, and qualifications that make you a good fit for this board. From a professional standpoint, I went to college for architecture and have been working in the field ever since. I enjoy interacting with the built environment outside of work, exploring the places I visit and the city I live in at a slower pace, and my professional background often allows me the opportunity to educate my friends on the architecture and design around me. I've also been known to get on a soap box when talking about zoning... I also enjoy traveling by bike and often bike commute every day. When unable to bike, I prefer to rely on walking or public transportation before resorting to using a car. I've had many friends express surprise that we both a) have a bus system and b) that it is free to ride! Taken together, I feel that my professional background in architecture and design (with a dash of urban planning), along with my passion for bikes and eagerness and advocacy for using multiple methods of transportation, makes me a good fit for the Transportation 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. At it's basic level, I understand the Belonging in Bozeman plan to be a roadmap for improving upon 8 different community-centric topics, such as transportation, housing, access, and community resiliency, along with developing metrics to measure success by. Of particular note, on the housing side, I was slightly surprised to see goals and metrics associated with zoning not included as a long term solution to increase access to various housing types (ADUs, duplexes, triplexes, etc.). This wouldn't be an immediate solution, since it takes time for relaxed zoning and density regulations to kick in, but gentle density and missing middle housing can go a long way and also support community groups - i.e. gentle density can allow families more flexibility with kids moving into their own space, aging parents, friends looking to rent, etc. Finding ways to allow and support local property owners, both from a regulation standpoint and financial standpoint, to develop this density would also go a long way in building support for smart, localized development of our community. On other topics, which I am not as familiar with, I learned a fair bit by reading the plan, but I wonder if some of the metrics are too broad and/or too limited in their scope, particularly where the metric of success is to "host a meeting." In many cases, it seems like there could be a truly quantifiable metric to track progress (or maybe this is happening somewhere? I couldn't find any published documents tracking progress toward these metrics). On a different note, I particularly enjoyed the History of Bozeman at the start of the plan. References Reference #1 Full Name Mark Egge Relationship to Reference Friend Phone Number Simon Rucinski 39 Email Confirm Email Reference #2 Full Name Rob Pertzborn Relationship to Reference Professional Colleague 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. Simon Rucinski 40