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08-18-2026- Amended City Commission Agendas & Packet Materials (2)
A. Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B. Pledge of Allegiance and a Moment of Silence or Mindfulness C. Changes to the Agenda D. Authorize Absence D.1 Authorize the Absence of Mayor Morrison (Maas) E. Public Service Announcements THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, August 18, 2026 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. Adaptive listening devices and handheld microphones are available for use by audience members upon request. How to Participate: If you are interested in commenting in writing on items on the agenda please send an email to comments@bozemanmt.gov 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 and oral comments are usually limited to three (3) minutes. 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 F. FYI G. Commission Disclosures H. Consent H.1 Accounts Payable Claims Review and Approval (Edwards) H.2 Approval of depository bonds and pledged securities as of June 30, 2026 (Clark) H.3 Authorize the City Manager to Sign a Grant Agreement with Greater Gallatin United Way for the Kinside Child Care Platform(DiTommaso) H.4 Authorize City Manager to Approve Subrecipient Agreement from the Montana League of Cities and Towns for U.S. Department of Housing and Urban Development (HUD) Pro Housing 2 Funds for the City of Bozeman to Comply with the Montana Land Use and Planning Act (MLUPA)(Saunders) H.5 Approve the Final Plat for the Jarrett Phase 1 Major Subdivision and Authorize the Director of Transportation and Engineering to Execute the Same on Behalf of the City of Bozeman and Authorize the Community Development Director to Execute the Improvements Agreement on Behalf of the City of Bozeman, Application 25362 (Quasi-Judicial)(Montana) H.6 Authorize the City Manager to Sign a Notice of Award for the Water Reclamation Facility Solar Generation Project as well as Contract Documents Once Received(Heaston) H.7 Authorize the City Manager to Sign a Construction Agreement and First Amendment with High Country Paving, Inc. for City Hall Parking Lot Replacement Project(Miller) H.8 Authorize Judge Karolina Tierney to Sign the Neumo Schedule A Scope of Services (Johnson) H.9 Professional Services Master Task Order Agreement with DOWL, LLC for One Year of On Call Planning, Engineering, and Construction Oversight Services Agreement for a Variety of Stormwater Division Infrastructure Projects(Smith) H.10 Authorize the City Manager to Sign a Master Service Agreement and Statement of Work with Eide Bailly Advisory LLC for Tax Consulting Services Under Section 48E Clean Electricity Investment Credit for the Water Reclamation Facility Solar Generating Facility, and Waive the City Charter Requirement Precluding the City’s Independent Auditor, Eide Bailly LLP,  from Performing Non-audit Services(Meyer) H.11 Authorize the City Manager to Sign a Task Order 1 of the Professional Services Master Task Order Agreement with HDR Engineering, Inc., for Implementation of the Water Treatment Plant Power Study Recommendations(Nielsen) H.12 Authorize the City Manager to Sign a Professional Service Agreement with Mesa Moving and Storage for the Bozeman Public Library Children's Room Renovation Project(Miller) 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. 2 H.13 Authorize the City Manager to Sign a Professional Services Agreement with Cushing Terrell for Professional Historic Preservation Services in Support of the City's Application to the National Park Service Historic Surplus Property Program for the Bozeman Federal Building(Fine) H.14 Authorize the City Manager to Sign a Professional Services Agreement with Gallatin Valley Urban Transportation District to Provide Public Transportation via the Streamline Bus Service(Rowley) H.15 Authorize the City Manager to Sign an Amendment 1 to Task Order Number 1 for the Right- of-way Acquisition Project with Clear Route Real Estate, LLC for Properties Necessary to Construct the Gooch Hill Lift Station(Murray) H.16 Resolution for the Creation of Special Improvement Lighting District 799 ANNIE SUB PH II LOT 5C-1 AND OS A-1(Hodnett) H.17 Resolution Confirming the Appointment of Police Officers in Accordance with Montana Code Annotated 7-32-4108 and 7-32-4113(Veltkamp) H.18 Resolution Establishing Compliance with IRS Reimbursement Bond Regulations(Funk) I. Public Comment on Non-agenda Items Falling Within the Purview and Jurisdiction of the Commission J. Action Items J.1 Continued Kennel License Revocation Appeal: Katherine Miller, 3309 Fieldstone Drive West from July 28, 2026(Swanson) J.2 Authorize the City Manager to Sign an Agreement Between the City of Bozeman and Montana State University to Update the Water and Wastewater Impact Fee Declining Balance Program Established by Resolution 4939(Saunders) J.3 Resolution Establishing and Affixing Property Tax Mill Levies for Fiscal Year 2027 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 (3) minutes. Written comments can be located in the Public Comment Repository. 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. Upon hearing the information presented and considering the code, decide to uphold the City's revocation of the kennel license or reinstate the kennel license. Consider the Motion: I move to authorize the City Manager's signature on the water and sewer impact fee declining balance agreement with Montana State University. 3 (FY27)(Hodnett) J.4 Resolution Adopting Planning Fee Schedule for FY27 (Hodnett) J.5 Resolution Amending the Fee Schedule for Permits Reviewed and Approved by the Department of Transportation and Engineering(Hodnett) J.6 Resolution to Establish Rates and Fees for Water, Wastewater, Stormwater, and Solid Waste Services for Fiscal Years 2027 and 2028(Hodnett) J.7 Resolution Establishing a 3% increase to Arterial and Collector Street Special District Assessments for Fiscal Year 2027 (FY27)(Hodnett) J.8 Resolution Establishing a 20% Increase to Tree Maintenance District Assessments for Fiscal Year 2027 (FY27)(Hodnett) J.9 Resolution Establishing a 15% increase to Street Maintenance District Assessments for Fiscal Year 2027 (FY27)(Hodnett) J.10 Resolution Establishing a 23% increase to Parks and Trails Special District Assessments for Fiscal Year 2027 (FY27)(Hodnett) J.11 Resolution Adding Transportation Safety to the City of Bozeman Strategic Plan (Madgic) K. FYI / Discussion L. Adjournment Consider the Motion: I move to adopt the resolution establishing and affixing property tax mill levies for Fiscal Year 2027. Consider the Motion: I move to adopt resolution establishing planning fees for FY27. Consider the Motion: I move to adopt the resolution amending the fee schedule for permits reviewed and approved by the Department of Transportation and Engineering. Consider the Motion: I move to adopt the resolution to establish rates and fees for water, wastewater, stormwater, and solid waste services for Fiscal Years 2027 and 2028. Consider the Motion: Adopt the resolution establishing a 3% increase in Arterial and Collector Street Special District Assessments for FY27, making the assessment rate $0.008755 per assessable square foot. Consider the Motion: Approve the resolution establishing a 20% increase in Tree Maintenance District Assessments for FY2027 (FY27), making the assessment rate $0.005184 per assessable square foot. Consider the Motion: Approve the resolution establishing a 15% increase in Street Maintenance District Assessments for FY27, making the assessment rate $0.046250 per assessable square foot. Consider the Motion: Adopt the resolution establishing a 23% increase in Parks and Trails Special District Assessments for FY27, making the assessment rate $0.036308 per assessable square foot. Consider the Motion: I move to adopt the Resolution adding transportation safety to the Strategic Plan. 4 Memorandum REPORT TO:City Commission FROM:Alex Newby, Deputy City Clerk Mike Maas, City Clerk SUBJECT:Authorize the Absence of Mayor Morrison MEETING DATE:August 18, 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: July 31, 2026 5 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:August 18, 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 August 19, 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 6 Memorandum REPORT TO:City Commission FROM:Laurae Clark, Treasurer Melissa Hodnett, Finance Director SUBJECT:Approval of depository bonds and pledged securities as of June 30, 2026 MEETING DATE:August 18, 2026 AGENDA ITEM TYPE:Finance RECOMMENDATION:Approve the depository bonds and pledged securities as of June 30, 2026. STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND:Pledged securities are assets, such as government or municipal bonds, that a financial institution commits as collateral to secure a deposit in excess of the $250,000 insured by the FDIC. Utilizing pledged securities offers an added layer of security for large deposits, ensuring that funds are protected beyond the standard FDIC insurance limits. This practice ensures that public money remains secure, promoting fiscal responsibility and stability. Per MCA section 7-6-207 the City Commission must approve pledged securities at least quarterly. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The city is sufficiently pledged. Attachments: Depository Bonds & Securities 063026.doc.pdf Report compiled on: July 29, 2026 7 DEPOSITORY BONDS AND SECURITIES AS OF June 30, 2026 MATURITY CUSIP NO/LOC NO. TOTAL AMOUNT US BANK All Accounts Federal Deposit Insurance Corporation-Operating Accts $ 250,000.00 LOC-FHLB Cincinnati 6/15/2026 585780 $ 12,000,000.00 LOC-FHLB Cincinnati 6/26/2026 588011 $ 10,000,000.00 TOTAL – US Bank $ 22,250,000.00 This is to certify that we, the Commission of the City of Bozeman, in compliance with the provisions of Section 7-6- 207, M.C.A., have this day certified the receipts of US Bank, for the Depository Bonds held by the Director of Finance as security, for the deposit for the City of Bozeman funds as of June 30, 2026, by the banks of Bozeman and approve and accept the same. _____________________________________________ JOEY MORRISON, Mayor _______________________________________ _______________________________________ DOUGLAS FISCHER, Deputy Mayor JENNIFER MADGIC, Commissioner _______________________________________ _______________________________________ EMMA BODE, Commissioner ALISON SWEENEY, Commissioner 8 PLEDGED SECURITIES AND CASH IN BANK As of June 30, 2026 US BANK Total Cash on Deposit $11,948,575.71 FDIC Coverage $250,000.00 Amount Remaining $11,698,575.71 Pledges Required 104% $12,166,518.74 Actual Pledges $22,000,000.00 Over (Under) Pledged $9,833,481.26 REFERENCE: Section 7-6-207, M.C.A. 9 Memorandum REPORT TO:City Commission FROM:Jesse DiTommaso, Economic Development Coordinator Brit Fontenot, Economic Development Director SUBJECT:Authorize the City Manager to Sign a Grant Agreement with Greater Gallatin United Way for the Kinside Child Care Platform MEETING DATE:August 18, 2026 AGENDA ITEM TYPE:Grant RECOMMENDATION:Authorize the City Manager to sign a grant agreement with Greater Gallatin United Way for the Kinside Child Care Platform. STRATEGIC PLAN:2.3 Workforce Development: Support education and workforce development initiatives to improve the skills of our citizens. BACKGROUND:The City of Bozeman’s adopted Economic Vitality Strategy highlights the importance of child care as critical infrastructure for a healthy local economy. A shortage of accessible child care can negatively impact the economy by creating workforce instability, as parents are forced to reduce hours or leave jobs due to lack of care options. Businesses are directly impacted by instability in the child care sector. The US Chamber of Commerce estimates businesses lose $57 billion annually nationwide due to child care related absenteeism. Accessible child care can reduce stress on families, businesses, and the local economy. To address some of the economic impacts of inaccessible child care, the City of Bozeman supported the CHILD task force strategic plan. Goal 2 of the CHILD Task Force Strategic Plan is to support, complement, and expand upon what currently exists. A key strategy to accomplishing Goal 2, is establishing and implementing a Gallatin County Waitlist Program for use by care providers, families, and businesses. A county-wide waitlist program will provide families with real-time slot availability while also helping child care providers maximize their enrollment capacity. The program manager, housed at Greater Gallatin United Way, will assist child care providers, businesses, and parents with a child care business management software that will allow providers to upload details about their facility as well as availability. Parents can then use the software to find a child care that best fits their needs. When a family finds a child care, they will be automatically removed from the list. This streamlines the process of finding child care, removes inefficiencies, increase transparency, and ensures that available lots do not go unused. 10 The portal was launched in 2025 and has seen significant use throughout the community. Forty-three licensed child care providers within the Bozeman city limits have claimed profiles and 185 parents within the Bozeman city limits have used the search function for child care. The City Commission identified continuing to fund a portion of the portal as part of a larger strategic priority to address affordability in the community. The Economic Development Department’s budget request for FY2027 included costs for a portion of the child care portal. UNRESOLVED ISSUES:None. ALTERNATIVES:As recommended by the City Commission. FISCAL EFFECTS:$25,000 Attachments: 26 - Grant Agreement - Great Gallatin United Way - Child Care Waitlist Portal.pdf Report compiled on: July 23, 2026 11 FY 2027 Grant Agreement – Child Connect Platform CITY OF BOZEMAN GRANT AGREEMENT Greater Gallatin United Way THIS AGREEMENT is made and entered into this 18th day of August, 2026 by and between the City of Bozeman, Montana, a self-governing municipal corporation operating pursuant to its Charter and the laws of the State of Montana, located at 121 N. Rouse Ave., Bozeman MT 59771 (“City”) as GRANTOR and Greater Gallatin United Way, a nonprofit 501c3, located at 945 Technology Blvd #101f, Bozeman, MT 59718, GRANTEE. WHEREAS, on June 6, 2023 the City Commission adopted Resolution 5443, Adopting Bozeman’s 2023 Economic Vitality Strategy; and WHEREAS, the Economic Vitality Strategy recognizes increasing the supply of child care is critical for the economy to maximize the full potential of the available workforce; and WHEREAS, Economic Vitality Strategy Objective 1.2: Provide comprehensive and coordinated skills development starting with child care through middle school and higher-ed includes a priority outcome of more affordable child care opportunities becoming available; and WHEREAS, the City Manager’s recommended budget outlines Economic Development Department major objectives to include providing for Gallatin Valley residents through workforce and sector development and business support initiatives; and WHEREAS, on June 23, 2025, the City Commission Adopted the 2027 Annual Operating Budget; and WHEREAS, the Economic Development Department identified child care support via the community-wide Child Connect Platform as a budget item in order to increase affordable, available child care for the workforce. THE PARTIES AGREE: 1. The Grant. The City will grant and release to GRANTEE a sum of up to twenty-five thousand dollars ($25,000) of its Economic Development Fund (the “Grant”) pursuant to the payment terms in Section 4. 2. Term of Grant. This Agreement becomes effective on the date of signing and shall terminate on June 30, 2027. 3. Use of Grant Funds. Grant funds in the amount of up to twenty-five thousand dollars ($25,000) will be used by GRANTEE for the sole purpose of funding the Child Connect Platform. 12 FY 2027 Grant Agreement – Child Connect Platform 4. Payment of Grant Funds a. The City will remit the Grant funds to the GRANTEE following the execution of this Agreement. b. Unless otherwise approved by the Director of Economic Development any funds from the Grant not awarded during the fiscal year ending June 30, 2027 will remain in the City’s Economic Development Fund and will be available for other appropriation. c. Modifications to the scope of work or term of this Agreement must be submitted as a written request by the GRANTEE. The City’s Director of Economic Development must review and approve all requests prior to the expiration of this Agreement. d. The City will have no obligation to pay any Grant funds unless at the time of the request for payment (i) all of GRANTEE’s representations as set forth in Section 4 are true and correct, and (ii) GRANTEE is not in breach of any term of this Agreement. If any of the above conditions are not satisfied in sole the determination of the City, the City shall have no obligation to make payment and the City’s determination to refrain from paying, or its inability to pay, any of the Grant funds shall not be or result in a default of this Agreement. 5. Grantee Representations a. GRANTEE has familiarized itself with the nature and extent of this Agreement and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect GRANTEE’s performance under this Agreement. b. GRANTEE represents and warrants to City that it has the experience and ability to perform its obligations under this Agreement; that it will perform said obligations in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary for GRANTEE to meet this warranty. c. GRANTEE represents and warrants to City that the grant funds are necessary to accomplish the financial requirements of the community-wide child care waitlist 13 FY 2027 Grant Agreement – Child Connect Platform and prioritization program and that the program will benefit City of Bozeman citizens. 6. Reports/Accountability/Public Information. If Grant funds are paid to GRANTEE, GRANTEE will provide to the City a formal written report that includes, at a minimum, the proof of expenses paid. GRANTEE will also provide, if desired, to the City Commission a formal presentation that includes detail regarding use of Grant funds. GRANTEE agrees to develop and/or provide such other documentation as requested by the City demonstrating GRANTEE’s compliance with the requirements of this Agreement. GRANTEE must allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that monies provided to GRANTEE pursuant to this Agreement were used in compliance with this Agreement and all applicable provisions of federal, state, and local law. GRANTEE will retain such records for seven years after receipt of final payment under this Agreement unless permission to destroy them is granted by the City. GRANTEE shall not issue any statements, releases or information for public dissemination without prior approval of the City. 7. Permits and Compliance With Laws. GRANTEE will obtain, in a timely manner, all required permits, licenses and approvals, and will meet all requirements of all local, state and federal laws, rules and regulations which must be obtained or met in connection with the Project. 8. Independent Contractor Status. The parties agree that GRANTEE, its agents, employees, contractors, or subcontractors, are independent contractors for purposes of this Agreement and are not to be considered employees or agents of the City for any purpose. GRANTEE and its agents, employees, contractors, or subcontractors, are not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. GRANTEE, its agents, employees, contractors, or subcontractors, are not authorized to represent the City or otherwise bind the City in any way. 9. Default and Termination. If GRANTEE fails to comply with any condition of this Agreement at the time or in the manner provided for, the City may terminate this Agreement if the default is not cured within fifteen (15) days after written notice is provided to GRANTEE. The notice will set forth the items to be cured. If this Agreement is terminated pursuant to this Section, GRANTEE will repay to the City any Grant funds already delivered to GRANTEE for the community-wide child care waitlist and prioritization program. 10. Limitation on GRANTEE’s Damages; Time for Asserting Claim 14 FY 2027 Grant Agreement – Child Connect Platform a. In the event of a claim for damages by GRANTEE under this Agreement, GRANTEE’s damages shall be limited to contract damages and GRANTEE hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event GRANTEE wants to assert a claim for damages of any kind or nature, GRANTEE must first provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within ninety (90) days of the facts and circumstances giving rise to the claim. In the event GRANTEE fails to provide such notice, GRANTEE shall waive all rights to assert such claim. 11. Representatives a. City’s Representative. The City’s Representative for the purpose of this Agreement shall be Jesse DiTommaso, Economic Development Coordinator, or such other individual as City may designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission must be directed to the City’s Representative and approvals or authorizations will be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, GRANTEE may direct its communication or submission to other designated City personnel or agents and may receive approvals or authorization from such persons. b. GRANTEE’s Representative. GRANTEE’s Representative for the purpose of this Agreement shall be Tori Sproles, Director of Early Learning, or such other individual as GRANTEE designates in writing. Whenever direction to or communication with GRANTEE is required by this Agreement, such direction or communication must be directed to GRANTEE’s Representative; provided, however, that in exigent circumstances when GRANTEE’s Representative is not available, City may direct its direction or communication to other designated GRANTEE personnel or agents. 12. Indemnity/Waiver of Claims/Insurance. To the fullest extent permitted by law, GRANTEE agrees to defend, indemnify and hold the City and its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) harmless against all third party claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, which arise out of, relate to or result from GRANTEE’s (i) negligence, or (ii) willful or reckless misconduct. 15 FY 2027 Grant Agreement – Child Connect Platform Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the indemnitee(s) which would otherwise exist as to such indemnitee(s). GRANTEE’s indemnification obligations under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should any indemnitee described herein be required to bring an action against GRANTEE to assert its right to defense or indemnification under this Agreement or under GRANTEE’s applicable insurance policies required below the indemnitee shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines GRANTEE was obligated to defend the claim(s) or was obligated to indemnify the indemnitee for a claim(s) or any portion(s) thereof. In the event of an action filed against City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. GRANTEE also waives any and all claims and recourse against the City or its officers, agents or employees, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for his own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement. In addition to and independent from the above, GRANTEE shall at GRANTEE’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by GRANTEE in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by GRANTEE in this Section unless and to the extent coverage for such liability is not reasonably available. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City and GRANTEE shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: • Workers’ Compensation – statutory; 16 FY 2027 Grant Agreement – Child Connect Platform • Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate The City of Bozeman, its officers, agents, and employees, shall be endorsed as an additional insured on a primary non-contributory basis on the Commercial General Liability policy. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. The City must approve all insurance coverage and endorsements prior to delivery of Grant funds to GRANTEE. GRANTEE shall notify City within two (2) business days of GRANTEE’s receipt of notice that any required insurance coverage will be terminated or GRANTEE’s decision to terminate any required insurance coverage for any reason. 13. Nondiscrimination, Equal Pay, and Living Wage. GRANTEE agrees that all hiring by GRANTEE of persons performing this Grant Agreement shall be on the basis of merit and qualifications. GRANTEE will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. GRANTEE will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. In addition, GRANTEE represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). GRANTEE must report to the City any violations of the Montana Equal Pay Act that GRANTEE has been found liable for or guilty of within 30 days of such finding for violations occurring during the term of this Agreement. GRANTEE shall require these nondiscrimination terms of its subcontractors providing services under this Grant Agreement. 14. Public Meetings and Access to Public Records a. In accordance with 7-1-4144, MCA and subject to any applicable legal obligation to protect and preserve individual confidential or private information, upon reasonable request and at reasonable times during normal business hours, GRANTEE shall make such records available for inspection and copying by members of the public. GRANTEE may charge for such copying in accordance with the policies of the City, which GRANTEE hereby adopts for such purposes. 17 FY 2027 Grant Agreement – Child Connect Platform b. To determine whether a meeting or part of a meeting may be closed to the public and to determine whether information contained in GRANTEE documents is protected by law from disclosure, GRANTEE may seek a determination of the City Attorney at no cost to GRANTEE. Such request and determination shall not create an attorney- client relationship between GRANTEE and the City. 15. Attorney’s Fees and Costs. In the event it becomes necessary for a party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing party shall be entitled to reasonable attorney’s fees and costs, including fees, salary, and costs of in- house counsel to include City Attorney. 16. Integration and Modification. This document contains the entire agreement between the parties and no statements, promises or inducements made by either party or agents of either party not contained in this written Agreement may be considered valid or binding. This Agreement may not be modified except by written agreement signed by both parties. 17. Dispute Resolution a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 18. No Assignment. GRANTEE may not subcontract or assign GRANTEE’s rights, including the right to Grant payments, or any other rights or duties arising hereunder, without the prior written consent of City. 19. No Third-Party Beneficiary. The terms and provisions of this Agreement are intended solely for the benefit of each party and their respective successors and assigns. It is not the parties’ intent to confer third party beneficiary rights upon any other person or entity. 20. Choice of Law. This Agreement shall be governed and construed in accordance with the laws of the State of Montana without regard to conflict of law provisions. The Parties agree to submit to the personal and exclusive jurisdiction of the courts located within Gallatin County, Montana. 18 FY 2027 Grant Agreement – Child Connect Platform 21. Non-Waiver. A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 22. Severability. If any portion of this Agreement is held to be void or unenforceable, the balance of the Agreement shall continue in effect. 23. Counterparts. This Agreement may be executed in counterparts, which together constitute one instrument. 24. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year indicated below. _______________________ Date: __________ Chuck Winn, City Manager City of Bozeman _______________________ Date: __________ Print name and Title:___________________________ GRANTEE Approved as to form: _______________________ Date: __________ Greg Sullivan, City Attorney City of Bozeman 19 Memorandum REPORT TO:City Commission FROM:Jamie Grabinski, Procurement Coordinator Chris Saunders, Community Development Manager Aaron Funk, Controller Melissa Hodnett, Finance Director SUBJECT:Authorize City Manager to Approve Subrecipient Agreement from the Montana League of Cities and Towns for U.S. Department of Housing and Urban Development (HUD) Pro Housing 2 Funds for the City of Bozeman to Comply with the Montana Land Use and Planning Act (MLUPA) MEETING DATE:August 18, 2026 AGENDA ITEM TYPE:Grant RECOMMENDATION:Authorize City Manager to Approve Subrecipient Agreement from the Montana League of Cities and Towns for U.S. Department of Housing and Urban Development (HUD) Pro Housing 2 Funds for the City of Bozeman to Comply with the Montana Land Use and Planning Act (MLUPA). STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other public agencies and build on these successes. BACKGROUND: The City undertook an update to Chapter 38, Unified Development Code, in 2022 to further comply with the adopted growth policy (land use plan) from 2020. Midway through that work, the MT Legislature adopted the Montana Land Use Planning Act (MLUPA) which replaced all prior land use planning, subdivision, and zoning enabling authority for the City. A timeline for compliance with requirements of the new legislation was included in the legislation and compelled the City to make revisions to the scope of the code update project. The Montana Department of Commerce (MT DoC) and Montana League of Cities and Towns (MLCT) pursued a PRO-Housing 2 grant from the US Department of Housing and Urban Development (HUD) to help defray costs for eleven (11) Montana communities implementing MLUPA. Eligible costs include expenses from both land use planning and regulatory update work for MLUPA compliance. A total of $5 million dollars was awarded by HUD to be distributed to the participating communities. The funds were provisionally divided amongst the eleven (11) communities and Bozeman’s portion is $313,016 to cover 20 costs incurred on or after August 14, 2024 through December 31, 2026. HUD, MT DoC, and MLCT have been resolving final terms and requirements of the grant. A requirement of receiving the funds is approval of a subrecipient agreement and provision of supporting documentation of qualified expenditures. This action item addresses the requirement for completion of the subrecipient agreement. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by Commission. FISCAL EFFECTS:Total expenditures are expected to be $313,016. Expenditures are included in the Community Development Budget. Attachments: ProHousing_2_Planning_Subaward_Agreement - Bozeman.docx Report compiled on: March 26, 2026 21 1 AGREEMENT FOR PRO HOUSING 2 GRANT AWARD THIS AGREEMENT is made and entered into by and between the MONTANA LEAGUE OF CITIES AND TOWNS, a 501(c)(4) non-profit association located at 700 West Custer Avenue, Helena, MT 59602, hereinafter referred to as “League,” and the City of Bozeman a municipal corporation located at 121 N Rouse Ave. Bozeman, MT 59715, hereinafter referred to as “Subrecipient,” collectively referred to as “Parties”. 1. Background and Purpose The League is the pass-through entity for Pathways to Removing Obstacles to Housing 2 (PRO Housing 2) funds awarded by the U.S. Department of Housing and Urban Development (HUD) to the Montana Department of Commerce (“Commerce”). PRO Housing 2 is a federal planning initiative intended to reduce barriers to housing production and preservation through regulatory reform, modernization of planning practices, and policy development. The League submitted the application for PRO Housing 2 funds on behalf of ten cities subject to the Montana Land Use and Planning Act (“MLUPA”) and one additional city that voluntary voted to come into compliance with MLUPA. The Subrecipient was identified, described, and evaluated as part of the original PRO Housing 2 application submitted to and approved by HUD. The League is operating as a pass-through entity to subrecipients identified in the PRO Housing 2 application and will not conduct an open competitive subgrant process. In fulfillment of its responsibilities under 2 CFR Part 200 and the PRO Housing Notice of Funding Opportunity, the League shall conduct a documented pre-contractual determination and ongoing monitoring process to confirm that the Subrecipient’s activities remain consistent with the HUD-approved application, applicable federal and state requirements, and the goals of the PRO Housing program. Such determinations shall be documented for the Subrecipient. This Agreement shall be administered in accordance with the MLCT PRO Housing 2 Administration Manual, as may be amended from time to time. The Subrecipient agrees to comply with the requirements set forth in that Manual as a condition of receiving funds under this Agreement. 2. Federal Award Information Federal Program Name: PRO Housing 2 (Planning) Federal Agency: U.S. Department of Housing and Urban Development (HUD) Assistance Listing Number: 14.023 22 2 Federal Award Identification Number (FAIN): B-24-PH-30-0001 Federal Award Date: 01/14/2025 Total Federal Award (to League): $4,930,000 Amount Sub awarded to Subrecipient: $313,016.00 Period of Performance: January 22, 2025 through May 31, 2027 The Subrecipient certifies it maintains a valid UEI and active SAM registration. 3. Term This Agreement is effective for the period January 22, 2025, through May 31, 2027. All activities and costs eligible for reimbursement with PRO Housing 2 funds must occur within this period. 4. Scope of Work The Subrecipient shall carry out planning activities consistent with the HUD-approved PRO Housing 2 application; however no construction activities are authorized or will be reimbursed by PRO Housing 2 grant funds. Allowable activities may include any of the below authorized under the PRO Housing 2 Program: • Finalizing land use plans and maps; • Collecting data, including housing needs projections, and analyzing impacts of proposed development patterns on local services and facilities, the economy, natural resources, the environment, and any hazards to development; • Providing public participation and comment on those impacts and necessary mitigation; • Implementing land use plans through adoption of zoning ordinances and subdivision regulations. The Subrecipient has identified draft work items as activities and constitute a maximum scope of deliverables eligible to be completed and submitted for reimbursement with PRO Housing 2 grant funds include: Use of Funds – As stated in the PRO Housing Application Identified work items – Maximum deliverables to be provided by the City- Update its land use plan, including an update to its master utilities plan, finish updates to its zoning codes, and complete the updates to its subdivision regulations necessary to comply with MLUPA. 1. Land Use Plan update 2. Master Utilities Plan 3. Zoning Codes update 4. Subdivision Regulations update 1. Copy of Land Use Plan 2. Copy of Master Utilities Plan 3. Copy of zoning updates 4. Copy of subdivision regulation updates 5. Program Alignment and Vision HUD awarded funds based on proposed planning activities. The League confirms continued alignment rather than re-evaluating eligibility. The Subrecipient shall ensure all its activities and deliverables completed under this PRO Housing 2 Program: 23 3 • Occur within its jurisdiction; • Align with PRO Housing 2 strategies and housing supply goals; • Address identified housing-related barriers; • Support durable regulatory or policy reforms; • Include documented stakeholder engagement; • Demonstrate sufficient administrative and staffing capacity. League review confirms alignment but does not constitute re-approval. 6. Compliance with Laws The Parties agree to comply with all applicable federal, state, and local laws, ordinances, rules, and regulations, including but not limited to: • 2 CFR Part 200, including the Federal Requirements for Pass-Through Entities and Subrecipients • Fair Housing Act • The Civil Rights Act of 1964 • Section 504 of the Rehabilitation Act of 1973 • Age Discrimination Act of 1975 • Americans with Disabilities Act of 1990 • The Affordable Care Act, • Montana Human Rights Act • Montana Workers’ Compensation Act • The Clean Air Act (42 U.S.C. 7401-7671q) • The Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387) • HUD PRO Housing 2 Notice of Funding Opportunity • Montana Community Development Block Grant Administration Manual • Applicable state and federal auditing and accounting statutes. Federal compliance does not supersede state or local requirements. 7. AFFH Certification The Subrecipient certifies that planning activities are conducted consistent with federal civil rights laws and the Fair Housing Act and that resulting recommendations do not create discriminatory or exclusionary housing barriers. 8. Risk Assessment and Monitoring The League conducted a documented risk assessment consistent with 2 CFR 200.332. Monitoring may include review of deliverables, reimbursement documentation, procurement documentation, and progress updates. The Subrecipient agrees to cooperate fully. Upon request, the League agrees to provide a copy of the risk assessment and continued monitoring activities to the Subrecipient. 9. Reimbursement Funds are distributed on an actual cost reimbursement basis. The Subrecipient must submit: 24 4 • Local Government Request for Reimbursement and Project Progress Report • Allowable costs and invoicing documentation • Procurement documentation and related PRO Housing 2 agreements • Deliverables • Other related documentation required under this agreement Indirect costs are not permitted. Monthly status updates are required on a calendar year basis if no reimbursement is requested during any calendar year quarter. 10. Procurement The Subrecipient shall comply with 2 CFR 200.318–327 and applicable Montana and local procurement laws. 11. Financial Management The Subrecipient shall maintain GAAP-compliant accounting, comply with applicable requirements of 2 CFR Part 200, and comply with Montana local government accounting requirements. Commerce or any other legally authorized governmental entity or their authorized agents may, at any time during or after the term of this Agreement, conduct, in accordance with §§ 2-7-503, 5-13-304, and 18-1-118, MCA and other authorities, audits for the purposes of ensuring the appropriate administration, expenditure of the monies, and delivery of services provided through this MOU. The Parties must provide records and copies of records at no cost to Commerce. 12. Audit Authority The League, Commerce, HUD, the Montana Legislative Auditor, or other authorized governmental entities may at any time during or after the term of this subaward, conduct, in accordance with §§ 2-7-503, 5-13-304, and 18-1-118, MCA and other authorities, audits for the purposes of ensuring the appropriate administration, expenditure of the monies, and delivery of services provided through this subaward. The Subrecipient shall cooperate and provide access to records and copies of records at no cost to the League or the State pursuant to state law. 13. Access to and Retention of Records The Subrecipient agrees, subject to the provisions of state law, to provide the League, Commerce, the Montana Legislative Auditor, or their authorized agents, access to any records related to the Project or otherwise necessary to determine contract compliance, at no cost to the League, Commerce, the Montana Legislative Auditor, or their authorized agents. The League may terminate this Agreement, without incurring liability, for the Subrecipient’s refusal to allow access as required by this section. The Subrecipient agrees to create and retain records supporting the services rendered during this Agreement for a period of six (6) years after either termination of the Agreement or the conclusion of any 25 5 claim, litigation, or exception relating to the Agreement taken by the League, Commerce, State of Montana, or third party, whichever is later. These records will be kept in the Subrecipient’s offices. 14. Conflict of Interest and Mandatory Disclosures The Subrecipient shall maintain written conflict-of-interest policies, disclose potential conflicts, and disclose violations of federal criminal law involving fraud or bribery in accordance with 2 CFR 200.113. 15. Amendment All amendments, extensions, alterations, or deviations to this Agreement must be in writing and executed by the Parties to this Agreement prior to the completion of any activities authorized in the Agreement. 16. Nondiscrimination Against Firearm Entities The Subrecipient shall not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association, and Subrecipient shall not discriminate during the term of the contract against a firearm entity or firearm trade association. This section shall be construed in accordance with HB 356, Ch. 193, Mont. L. 2023. 17. Insurance The Subrecipient shall, at its sole cost and expense, maintain general liability and, if applicable, professional liability coverage with combined single limits for each wrongful act of $1,000,000 per occurrence and $2,000,000 aggregate per year or as established by statutory tort limits of $750,000 per claim and $1,500,000 per occurrence as provided by a self-insurance pool insuring counties, cities, or towns, as authorized under § 2-9-211, MCA. 18. Hold Harmless and Indemnification To the fullest extent permitted by law, the Subrecipient shall indemnify and hold harmless the League, its agents, directors, and employees from and against all claims, damages, losses and expenses, including the cost of defense thereof, to the extent caused by or arising out of Subrecipient’s negligent acts, errors, or omissions in work or services performed under this Agreement. 19. Force Majeure Neither party shall be liable for delay due to a Force Majeure event. “Force Majeure Event” means an event or circumstance beyond a party’s reasonable control, such as natural catastrophes and acts of terrorism or war, and the consequences of that event or circumstance. Force Majeure Events do not include labor unrest, price increases, or changes in general economic conditions. If such event continues for 30 days, either party may suspend or terminate performance or payment while the event continues. 26 6 20. Remedies If noncompliance is identified, the League must inform the Subrecipient within 30 days of the noncompliance and allow reasonable time for the Subrecipient to take corrective action. If the Subrecipient fails to remedy their noncompliance, the League may withhold reimbursement, disallow costs, issue stop-work directives, or terminate this Agreement following a written notice to the Subrecipient of its intent to do so. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates stated below. FOR THE Montana League of Cities and Towns Signature: __________________________ Jennifer Olson, Executive Director Date: __________________________ FOR THE City of Bozeman Signature: __________________________ Name/Title: __________________________ Date: __________________________ 27 Memorandum REPORT TO:City Commission FROM:Susana Montana, Senior Planner Brian Krueger, Manager, Development Review Division Rebecca Harbage, Deputy Director of Community Development Erin George, Director of Community Development SUBJECT:Approve the Final Plat for the Jarrett Phase 1 Major Subdivision and Authorize the Director of Transportation and Engineering to Execute the Same on Behalf of the City of Bozeman and Authorize the Community Development Director to Execute the Improvements Agreement on Behalf of the City of Bozeman, Application 25362 (Quasi-Judicial) MEETING DATE:August 18, 2026 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION:Approve the Final Plat for the Jarrett Phase 1 Major Subdivision and Authorize the Director of Transportation and Engineering to Execute the Same on Behalf of the City of Bozeman and Authorize the Community Development Director to Execute the Improvements Agreement on Behalf of the City of Bozeman, Application 25362 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 Jarrett Phase 1 Major Subdivision application is a 45.83-acre Major Subdivision Final Plat providing 110 residential lots, 2 open space lots, one 7.5-acre City Park, 3 undevelopable/restricted development lots totaling 18.3 acres, street rights-of-way, and street public easements. The Final Plat submittal meets/satisfied all conditions of approval and code provisions of the Preliminary Plat, as well as the standards of MCA 75-3-611(1) and 76-3- 612 as certified by the City Attorney. UNRESOLVED ISSUES:None ALTERNATIVES:None recommended. FISCAL EFFECTS:Upon development of individual lots, additional property tax revenue shall accrue to support municipal services to the property. Attachments: 28 City Atty Certificate 25632 Jarrett Ph 1 FP.pdf 25632 Jarrett Ph 1 FP Commission Memo for Granicus 08 04 26.pdf 001 Final Plat Sheet 1.pdf 002 Final Plat Sheet 2.pdf 003 Final Plat Sheet 3.pdf 004 Final Plat Sheet 4.pdf 005 Final Plat Sheet 5.pdf 23072 Jarrett PP FOF CC D Staff Report signed.pdf Report compiled on: July 24, 2026 29 30 31 Page 1 of 3 Commission Memorandum REPORT TO: Mayor and City Commission FROM: Susana Montana, Senior Planner, Community Development Brian Krueger, Development Review Division Manager Rebecca Harbage, Deputy Director of Community Development Erin George, Director of Community Development SUBJECT: Approve the Final Plat for the Jarrett Phase 1 Major Subdivision and Authorize the Director of Transportation and Engineering to Execute the Same on Behalf of the City of Bozeman and Authorize the Community Development Director to Execute the Improvements Agreement on Behalf of the City of Bozeman, Application 25632. Quasi-Judicial MEETING DATE: August 18, 2026 AGENDA ITEM TYPE: Community Development- Quasi-Judicial RECOMMENDATION: Having reviewed and considered the memorandum, application and submitted materials, I hereby adopt the findings for Application 25632 and approve the Final Plat for the Jarrett Phase 1 Major Subdivision and authorize the Director of Transportation and Engineering to execute the same on behalf of the City of Bozeman, and authorize the Community Development Director to execute the Improvements Agreement on behalf of the City of Bozeman, Application 25632. 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 Final Plat application was deemed complete prior to the February 1, 2026, effective date of the repeal and replacement of the 2018 Chapter 38 of the Bozeman Municipal Code (BMC). The February 1, 2026, BMC update per Ordinance No. 2151 is known as the 2026 Unified Development Code Update (2026 UDC). This project is subject to the standards and review procedures of the 2018 UDC in effect prior to February 1, 2026. It is also subject to the procedures and standards of the Montana Land Use Plan Act (MLUPA) 32 Page 2 of 3 The Jarrett Subdivision application is a 45.83-acre Major Subdivision Preliminary Plat providing 110 residential lots, 2 open space lots, one 7.5-acre City Park, 3 undevelopable/restricted development lots totaling 18.3 acres, street rights-of-way, and street public easements. The property is addressed as 980 Story Mill Road and is located south of the Montana State University (MSU) campus, south of Arnold Street, west of S. 11th Avenue, and north of W. Graf Street. The Department of Community Development received a Preliminary Plat application, No. 23072, on April 14, 2022, requesting a major subdivision to divide the 45.83-acre parcel to create 110 residential lots which would primarily be suitable for townhome development, one 7.52-acre park, street easements and rights-of-way and 3 undevelopable lots totaling 18.3 acres for future subdivision and future residential development. The site is former farmland and was zoned R-2 and is now zoned RA. The property will have access from Arnold Street to the north, from W. Graf Street to the south, and from South 11th Avenue to the east. Development of the subdivision would take place in three phases; this being Phase 1. The Findings of Fact and Order for the Jarrett Preliminary Plat, signed by the Mayor on July 16, 2024, is attached to this memo. It is noteworthy that this subdivision offers lot sizes that are predominantly 3,000 to 3,500 square feet (sf) in size, rather than the 4,000 sf minimum lot size of the RA zone. Ther smaller lot sizes may result in a price-point for the lots that can accommodate what is often called “missing middle housing”. At the least, it would offer a diversity of housing types within a compact neighborhood which is a critical component of the city’s affordable housing goals. On October 31, 2025, the Applicant, Yvonne G. Jarrett, submitted an application for a Final Plat for the Jarrett Phase 1 Major Subdivision, No. 23072, on behalf of the owner Bon Ton, of Billings, Inc., jointly held by Ms. Jarrett and Eugene Graff III. The initial application was deemed to be incomplete and numerous revisions were subsequently submitted. On July 24, 2026, the revised Final Plat submittal was found by the City’s Development Review Committee (DRC) to (1) satisfy all the conditions of approval and code provisions of the July 16, 2024 Preliminary Plat approval; and (2) meets the Montana Land Use Plan Act (MLUPA) standards of Section 76-25-410 of the Montana Code Annotated (MCA), as certified by the City Attorney (certification attached). §76-25-410, MCA, provides that the City Commission shall approve the plat only if: (a) it conforms to the written decision and all conditions of approval and code provisions set forth on the preliminary plat; (b) that the plat meets the survey requirements provided in 76-25-412(1); and (c) the County Treasurer has certified that all real property taxes and special assessments assessed and levied on the land to be subdivided have been paid. These requirements have been met by this application. The County Treasurer has certified that all real property taxes and special assessments assessed and levied on the land to subdivide have been paid. Development Review Committee staff has concluded that all terms and conditions of the preliminary plat approval have been met, and the five sheets of the final plat are attached. The original, signed mylars and the document attachments are on file with the Department of Community Development pending approval by the City Commission. An Improvement Agreement to establish the grass seed in the public Park is provided and is financially guaranteed by the applicant and the guaranteed improvements must be installed 33 Page 3 of 3 within two years of the filing of the final plat and per the terms outlined in the Improvements Agreement. UNRESOLVED ISSUES: None identified. ALTERNATIVES: None suggested or proposed. FISCAL EFFECTS: Fiscal impacts are undetermined at this time but will include increased property tax revenues from new development, along with increased costs to deliver municipal services to the property. Report compiled on: July 24, 2026 Attachments: City Attorney Certificate Jarrett Phase 1 Final Plat Sheets 1 through 5 Jarrett Preliminary Plat Findings of Fact and Order staff report 34 JARRETT 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: 01/09/2026 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.comExterior property boundary lineLEGEND OF SYMBOLS & ABBREVIATIONSInterior lot lineAdjoining property boundary lineEasement per this platPhase lineRecord easementCenterlineOrange plastic capMeridian Land Surveying, Inc.Found property corner - material as notedSet corner (M.L.S.I. O.P.C. unless otherwise noted)O.P.C.M.L.S.I.Easement Corner - nothing setFound Property Corner - M.L.S.I. O.P.C.Record dimension(R)Yellow Plastic CapY.P.C.Aluminum capA.C.Witness cornerW.C.Brass capB.C.Quarter corner (monument as noted)Center of sectionQuarter corner (protracted position)24Open space tractOS -Portion ofp/oDimension lineSITE LOCATION MAP - NOT TO SCALEMeasured dimension(M)Utility easementDitch centerlineLot 2, Block 1,Amended Plat ofLot 1, Block 9, AllisonSubdivision Phase4A (Plat Ref. J-702A)Lot 3A, Block 1, AmendedPlat of Lot 2, Block 7,Allison Subdivision Phase4A (Plat Ref. J-702B)Lot 1, Block 1, AmendedPlat of Lot 1, Block 9,Allison Subdivision Phase4A (Plat Ref. J-702A)B L O C K 1Lot 343,090 sf0.071 acLot 354,016 sf0.092 acLot 333,908 sf0.089 acOS-1B5,506 sf0.126 acNORTH ALLEY30.00'30.98'N00°31'07"E 77.91'S00°32'07"W 70.03'N89°27'40"W 95.91'S89°29'01"E 98.50'L=29.8 5 '44.13'51.78'N00°32'07"E 70.03' S 89°27'53" E42.87'45.20'Lot 323,949 sf0.090 ac S 3 7 °0 9 '1 7"E 33 .24 '10' wide utilityeasement1 0 .2 6 '10.05'9.54'4.31'39.82'10.33'34.86'10.00'60.03'S89°27'40"E 98.52'54.39'44.13'44.13'N43°54'58"E22.83'S43°54'58"W19.24'10.00'10.00'L=17.75'L =1 8 .7 1 'APPLEBLOSSOM WAYDETAIL A - 1" = 20'S 15°09'19" WRESIDENTIAL LOTS (69 Each)UNDEVELOPABLE LOTS (4 Ea.)STREET RIGHT-OF-WAY5.557 Ac.24.920 Ac.7.481 Ac.Total = 45.83 Acres11Lot 1, Block 4 (Future phase as shown on the Preliminary Plat), Lot 1Block 7; Lot 1 Block 8 and Lot 1 Block 9 are hereby platted asundevelopable lots in accordance with Section 38.780.030 BMC.PARKLAND7.693 Ac.2OPEN SPACE0.174 Ac. 2Street right-of-way dedicated to the City of Bozeman per this plat. Thistotal does not include street easements reserved via deed or agreement.SUBDIVISION AREASSTREET EASEMENTn/a343Street easement previously granted to the City of Bozeman via theinstruments cited hereon located on the "Undevelopeable Lots" listedabove and Lot 1, Block 10.4Lot 1, Block 10.DESIGNATION NET GROSS 5.557 Ac.23.293 Ac.6.753 Ac.0.174 Ac.2.567 Ac.7.481 Ac.45.83 AcresSHEET 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 approvalSheet 5 - Conditions of approval (1" = 50')NOTES:1. Reason for Survey: To plat a 75 - lot subdivision as follows: 69residential lots, 2 open space lots, 4 future phase lots, and 1 Park lot.2. Survey commissioned by: Bon Ton, Inc. of Billings3. Ownership:Lot 1 and Lot 2, Block 1, Amended Plat J-702A:Bon Ton, Inc. of BillingsLot 3A, Block 1, Amended Plat J-702B:Yvonne G. Jarrett4. Federal, state and local plans, policies, regulations, and/orconditions of subdivision approval that may limit the use of theproperty, including the location, size, and use are shown on theConditions of Approval sheet.5. Buyers of property should ensure that they have obtained andreviewed all sheets of the plat and all documents recorded and filedin conjunction with the plat and that buyers of property are stronglyencouraged to contact the local planning department and becomeinformed of any limitations on the use of the property prior to closing.1CERTIFICATE OF DEDICATION:We, the undersigned property owners, do hereby certify that we have caused tobe surveyed, subdivided and platted into lots, blocks, streets, and alleys, andother divisions and dedications, as shown by the plat hereunto included thefollowing described tract of land to wit:DESCRIPTION:A tract of land being Lot 1 and Lot 2 of the Amended Plat of Lot 1, Block 9,Allison Subdivision Phase 4A (Plat ref. J-702) & the SE1/4NW1/4 Section 24 ofC.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 Subdivision Phase 4A (Plat ref. J-702) & the SE1/4NW1/4Section 24 of C.O.S. 252 & C.O.S. 792 (Plat ref. J-702A) located in the NE1/4,SE1/4, SW1/4 and NW1/4 of Sec. 24, T2S, R5E, P.M.M., City of Bozeman,Gallatin County, MontanaSaid tract containing in area 45.83 acres, along with and subject to any existingeasements.The above described tract of land is to be known and designated as JarrettSubdivision Phase I, City of Bozeman, Gallatin County, Montana; and the landsincluded in all streets, avenues, alleys, roads, highways, and parks, playgrounds,or public lands or other public improvements shown on said plat are herebygranted and donated to the City of Bozeman for the public use and enjoyment.Unless specifically listed herein, the lands included in all streets, avenues, alleys,roads, highways, and parks or public lands or other public improvementsdedicated to the public are accepted for public use, but the city accepts noresponsibility for maintaining the same. The owner(s) agree(s) that the city hasno obligation to maintain the lands included in all streets, avenues, alleys, roads,highways, public lands not including parks, or other public improvements, herebydedicated for public use. The lands included in all streets, avenues, alleys, roads,highways, and parks, or public lands or other public improvements, herebydedicated to public use. The lands included in all streets, avenues, alleys, roads,highways, and parks, or public lands or other public improvements dedicated tothe public for which the city accepts responsibility for maintenance include: AppleBlossom Way, Chinnie Lane, Staudaher Street, South 13th Avenue, and allassociated parkland.GRANT OF UTILITY EASEMENTS:The undersigned hereby grants unto each and every person firm or corporation,whether public or private, providing or offering to provide telecommunications,electric power, gas, or other similar utility or service, the right to the joint use ofan easement for the construction, maintenance, repair and removal of their linesand other facilities in, over, under and across each area designated on this platas "Utility Easement" to have and to hold forever.Bon Ton, Inc. of Billings, owner of Lot 1 and Lot 2, Amended Plat J-702ABy: __________________________________________ Eugene Graf III, PresidentState of _____________ ) s.s.County of ____________ )On this ______________ day of ______________________, 20___, before me,a Notary Public in and for said state, personally appeared Eugene Graf III, knownto me to be the person who signed the foregoing instrument as President of BonTon, Inc. of Billings, and acknowledged to me that such Corporation executedthe same. IN WITNESS WHEREOF, I have hereunto set my hand and affixedmy Notarial Seal the day and year first written above.______________________________________________Signature______________________________________________Printed nameNotary Public for the State of ____________Residing at __________________________My commission expires _________________Yvonne G. Jarrett, owner of Lot 3A, Amended Plat J-702BBy: __________________________________________ Yvonne G. JarrettState of _____________ ) s.s.County of ____________ )On this ______________ day of ______________________, 20___, before me,a Notary Public in and for said state, personally appeared Yvonne G. Jarrett,known to me to be the person who signed the foregoing instrument. INWITNESS WHEREOF, I have hereunto set my hand and affixed my NotarialSeal the day and year first written above.______________________________________________Signature______________________________________________Printed nameNotary Public for the State of ____________Residing at __________________________My commission expires _________________CERTIFICATE OF EXCLUSION FROM MONTANADEPARTMENT OF ENVIRONMENTAL QUALITY REVIEW:The Jarrett Subdivision Phase I, Gallatin County, Montana, is within the City ofBozeman, Montana, a first-class municipality, and within the planning area of theBozeman land use plan which was adopted pursuant to the Montana Land UsePlanning Act, and can be provided with adequate stormwater drainage andadequate municipal facilities. Therefore, under the provisions of MCA76-4-125(1)(d)(i), this subdivision is excluded from the requirement for MontanaDepartment of Environmental Quality review.DATED this _____________ day of __________________, ____________.__________ ______________________Director of Transportation and EngineeringCity of Bozeman, MontanaCERTIFICATE OF ACCEPTANCE OF DEDICATIONS:I, Director of Transportation and Engineering, City of Bozeman, Montana, dohereby accept the dedication to the City of Bozeman for the public use of anyand all lands shown on the plat as being dedicated to such use.DATED this ________ day of ________, ________.__________ ______________________Director of Transportation and EngineeringCity of Bozeman, MontanaCERTIFICATE OF GOVERNING BODY APPROVING PLAT:I, Community Development Director, City of Bozeman, Montana, do herebycertify that the accompanying plat has been duly examined and has found thesame to conform to the law and approves it.DATED this ________ day of ________, ________._______________________________________Community Development DirectorCERTIFICATE OF COMPLETION OF WATER-RELATEDIMPROVEMENTS:I, Eugene Graf III, President, Bon Ton, Inc. of Billings, and I, Yvonne G. Jarrett,hereby certify that the following improvements, necessary to meet therequirements of Chapter 38 of the Bozeman Municipal Code or as a condition(s)of approval of Jarrett Subdivision Phase I, have been installed in conformancewith the approved plans and specifications, or financially guaranteed andincluded with the improvements agreement accompanying this plat.Installed Improvements:Irrigation WellParkland IrrigationFinancially Guaranteed Improvements:NoneThe subdivider hereby warrants said improvements against any and all defectsfor a period of two years from the date of acceptance by the City of Bozeman.The subdividers hereby grant ownership of all public infrastructure improvementsto the City of Bozeman and the city hereby accepts ownership of all publicinfrastructure improvements, subject to the above indicated warranty.__________ ______________________ ______/______/20___Eugene Graf IIIPresident, Bon Ton, Inc. of Billings__________ ______________________ ______/______/20___Yvonne G. Jarrett__________ ______________________ ______/______/20__Director of Transportation and EngineeringCity of Bozeman, MontanaCERTIFICATE OF COMPLETION OF IMPROVEMENTS:We, Eugene Graf III, Yvonne G. Jarrett, Subdividers, and I, ________________,a registered professional engineer licensed to practice in the state of Montana,hereby certify that the following improvements, required to meet therequirements of Chapter 38 of the Bozeman Municipal Code or as a condition(s)of approval of Jarrett Subdivision Phase I, have been installed in conformancewith the approved plans and specifications, or financially guaranteed andcovered by the improvements agreement accompanying this plat.Installed Improvements:Staudaher, Chinnie, Apple Blossom, South 13th, sidewalks, street lighting,sewer, water and stormwater.Parkland ConstructionInterior SidewalksFinancially Guaranteed Improvements:LandscapingThe subdividers hereby warrants said improvements against any and all defectsfor a period of two years from the date of acceptance by the City of Bozeman.The subdivider grants possession of all public infrastructure improvements to theCity of Bozeman and the city hereby accepts ownership of all publicinfrastructure improvements, subject to the above indicated warranty.__________ ______________________ ______/______/20___Eugene Graf IIIPresident, Bon Ton, Inc. of Billings__________ ______________________ ______/______/20___Yvonne G. Jarrett__________ ______________________ ______/______/20___Printed Name:Registration No.:__________ ______________________ ______/______/20___Director of Transportation and EngineeringCity of Bozeman, MontanaCONSENT OF MORTGAGEE (Lot 1 and Lot 2, Amended PlatJ-702A):We, the undersigned mortgagee(s) or encumbrancer(s), do hereby join in andconsent to the described plat, (I) (We) release (my) (our) respective liens, claimsor encumbrances as to any portion of said lands now being platted into streets,avenues, parks or other public areas which are dedicated to the City of Bozemanfor the public use and enjoyment.DATED this ___________ day of ______________________, __________._____________________________________________Stockman Bank of MontanaBy:__________________________________________State of _______________ ) s.s.County of ______________)On this ______________ day of ______________________, 20___ before me,a Notary Public in and for said state, personally appeared _______________,known to me to be the person who signed the foregoing instrument as_________________ of Stockman Bank of Montana, and acknowledged to methat such Lending Institution executed the same.IN WITNESS WHEREOF, I have hereunto set my hand and affixed my NotarialSeal the day and year first written above.______________________________________________Signature______________________________________________Printed nameNotary Public for the State of ________________________Residing at _____________________________________My commission expires ___________________________CONSENT OF MORTGAGEE (Lot 3A, Amended Plat J-702B):We, the undersigned mortgagee(s) or encumbrancer(s), do hereby join in andconsent to the described plat, (I) (We) release (my) (our) respective liens, claimsor encumbrances as to any portion of said lands now being platted into streets,avenues, parks or other public areas which are dedicated to the City of Bozemanfor the public use and enjoyment.DATED this ___________ day of ______________________, __________._____________________________________________American BankBy:__________________________________________State of _______________ ) s.s.County of ______________)On this ______________ day of ______________________, 20___ before me,a Notary Public in and for said state, personally appeared _______________,known to me to be the person who signed the foregoing instrument as_________________ of American Bank, and acknowledged to me that suchLending Institution executed the same.IN WITNESS WHEREOF, I have hereunto set my hand and affixed my NotarialSeal the day and year first written above.______________________________________________Signature______________________________________________Printed nameNotary Public for the State of ________________________Residing at _____________________________________My commission expires ___________________________CERTIFICATE OF SURVEYOR:I, the undersigned, Michael S. Lapp, Registered Land Surveyor, do hereby certifythat between _______/________/20__, and ______/________/20__, Isurveyed Jarrett Subdivision Phase I, and drew the same as shown on theaccompanying plat (or certificate of survey) and as described in accordance withthe provisions of the Montana Land Use Planning Act and the BozemanMunicipal Code.Dated this __________________ day of ___________________, 20___._______________________________Michael S. Lapp PLSMontana Registration No. 18342 L.S.CERTIFICATE OF COUNTY TREASURER:I, _________________________ the Treasurer of Gallatin County, Montana dohereby certify that the accompanying Plat has been duly examined and that allreal property taxes and special assessments assessed and levied on the land tobe subdivided are paid.Dated this ______ day of ___________, ___________________________________________________________Treasurer of Gallatin CountyCERTIFICATE OF CLERK AND RECORDER:I, _____________________, Clerk and Recorder of Gallatin County, Montana,do hereby certify that the foregoing instrument was filed in my office at____________ o'clock, (a.m. or p.m.), this ____________ day of__________________, ____________, and recorded in Book ____________ ofPlats on Page ____________, Records of the Clerk and Recorder, GallatinCounty, Montana.____________________________________________________Clerk and Recorder of Gallatin County35 Found StahlyA.C. CN 1/16Sec. 24Found C&HY.P.C. (30.00'W.C.)SOUTH 15THAVENUE30'30' wide public street & utilityeasement per Plat J-702A& Doc. No. 2788163243.95'34.50'Temporary storm waterfacility easement Doc. No.'s2563372 & 2584904C14C15S 89°19'59" E (R&M) 557.85'L13L1630'30' wide dedicated City Street per Platof Alder Creek Subdivision, Phase 530' wide dedicated City Streetper Minor Subdivision No. 49430' wide public street & utility easement perPlat J-702A & Doc. No. 2788163 (33,455 sf)30' wide public street & utility easementper Plat J-702A & Do. No. 2788163B L O C K 718.00'N89°40'36"W 30.00'539.58'126.01'S89°40'36"E 30.00'S 89°19'59" E 1232.00' (R&M)S 01°07'32" W 1322.42' (R&M)N01°00'14"E 247.63'(R&M)N 89°41'50" W 768.24' (R&M)N 89°38'44" W 290.66' (R&M)N89°41'24"W94.01' (R&M)N89°38'21"W 192.96' (R&M)N 89°00'58" W 396.71'S 24°24'18" W 195.46' (R&M)S 89°40'36" E134.27' (R&M)S 89°40'36" E134.65' (R&M)S01°23'59"E90.04' (R&M)S 15°09'19" W 938.88' (R&M)S 89°19'59" E128.60' (R&M)FoundC&HY.P.C.FoundC&HY.P.C.FoundC&HY.P.C.C12C 13C8C9L12L14L15L1C 5 C10S 89°40'36" E142.60'S 89°40'36" E 232.34'S 89°40'36" E 191.22'S 89°40'36" E 236.51'N 89°40'36" W 528.93'L7L8L10L11L18L19L20L21L9S 01°10'24" W 255.86'N 01°10'24" E 260.28'644.15'Found Stahly A.C.NW 1/16 Sec. 24B L O C K 1B L O C K 1B L O C K 1B L O C K 3B L O C K 8B L O C K 960' wide public street & utility easement perPlat J-702A & Do. No. 2788163 (32,019 sf)ARNOLD STREET(Public street dedicated to Cityper Allison Sub. Ph. 4A)35' wide public street & utilityeasement per Plat of SouthUniversity District Phase 2 - J-60535' wide public streetdedication per this plat343.39'S 01°07'32" W 617.32'S01°10'24"W20.00'SOUTH 14THAVENUE30' wide water main right-of-wayper Film 85, Page 482994.18' (R&M)N 87°37'17" E110.32' (R&M)Existing PublicPark Easement(Per Plat J-702A)Lot 1Area = 335,122 sf7.693 Acres (Gross)(Net Area = 6.753 Acres)B L O C K 10SPRINGRIDGE DRIVEBlock 4, Lot 1, Amended Plat of Lot 2, South UniversityDistrict Phase 2 (Plat J-605) known as 'South UniversityDistrict Phase 3 Subdivision' (Plat reference J-695)Lot 4, Block 1Minor Sub 494Lot 1, Block 2Minor Sub 494Lot 3, Block 2Allison SubdivisionPhase 3BLot 2, Block 2Allison SubdivisionPhase 3B Public Park, Block 10Alder Creek Sub. Phase 2Lot 1, Block 10Alder Creek SubdivisionPhase 3Lot 2, Block 10Alder Creek SubdivisionPhase 3Lot 3, Block 10Alder Creek SubdivisionPhase 3Lot 4, Block 10Alder Creek SubdivisionPhase 3Lot 5, Block 10Alder Creek SubdivisionPhase 3Lot 6, Block 10Alder Creek SubdivisionPhase 3Lot 1, Block 19Alder Creek SubdivisionPhase 3Lot 2, Block 19Alder Creek SubdivisionPhase 3Lot 3, Block 19Alder Creek SubdivisionPhase 3Lot 4, Block 19Alder CreekSubdivisionPhase 3Lot 5, Block 19Alder CreekSubdivisionPhase 4Lot 6, Block 19Alder Creek SubdivisionPhase 4Lot 1, Block 20Alder Creek SubdivisionPhase 4Lot 2, Block 20Alder Creek SubdivisionPhase 4Lot 3, Block 20Alder Creek SubdivisionPhase 4 Lot 4, Block 20Alder Creek SubdivisionPhase 4Lot 5, Block 20Alder Creek SubdivisionPhase 4Open Space,Block 20Alder CreekSubdivisionPhase 5Alder CreekSub Phase 3,Open Space 4,Block 10, AlderCreek Sub.Phase 3City Park 3, Amended Plat of Lot 2, South UniversityDistrict Phase 2 (Plat J-605) known as 'South UniversityDistrict Phase 3 Subdivision' (Plat reference J-695)N01°41'07"E 1314.99'N01°41'07"E 1314.62'S 01°27'38" W247.53'S 67°50'54" E2413FoundM.D.T.A.C.2425C1/4 Sec. 24Found Best B.C.Lot 1Lot 2Lot 3Lot 4Lot 9Lot 5Lot 8Lot 1Lot 2Lot 3Lot 4Lot 7Lot 9Lot 10Lot 25Lot 26Lot 28Lot 29Lot 30Lot 31Lot 32Lot 43Lot 42Lot 41Lot 40Lot 39Lot 38Lot 37Lot 36Lot 34Lot 35Lot 33Lot 1Lot 2Lot 3Lot 4Lot 5Lot 6Lot 7Lot 8Lot 9Lot 10Lot 11Lot 12Lot 13Lot 14Lot 15Lot 16Lot 17Lot 18Lot 19Lot 20Lot 21Lot 22Lot 23Lot 24Lot 27Lot 6 Lot 7Lot 11Lot 12Lot 13Lot 14Lot 5 Lot 6Lot 8Lot 11Lot 12C1110' wide utilityeasement10' wide utilityeasementB L O C K 2Lot 10B L O C K 1S02°35'16"W84.24'(R&M)34.89'Lot 1Lot development subjectto further subdivision reviewArea = 175,988 sf4.040 AcresFoundM.L.S.I.A.C. W.C.(35.00')ARNOLD STREETLot 1Lot development subjectto further subdivision reviewArea = 385,636 sf8.853 Acres (Gross)(Net Area = 7.695 Acres)Lot 1Lot development subjectto further subdivision reviewArea = 211,003 sf4.844 Acres (Gross)(Net Area = 4.572 Acres)S 01°07'32" W 394.20' N 89°40'36" W 389.78' N89°40'36"W60.00' S 89°23'18" E30.00' N 89°30'01" E 292.37' S 89°54'13" E 196.76' N 89°43'09" E62.25'30'30'60' wide public street & utility easement perPlat J-702A & Doc. No. 2788163 (30,249 sf)FUTURE PHASEB L O C K 4SOUTH 13th AVENUESTAUDAHER STREETSOUTH 11th AVENUE(Public street easement per Doc. No. 2584907)WEST GRAF STREET(Public street dedicated to Cityper Allison Sub. Ph. 4A)SOUTH 11TH AVENUE(Public street & utility easementper Doc. No. 2563373 & 2584905)Dedicated per this platNORTH ALLEYAPPLE BLOSSOM WAYCHINNIE STREET373.67'35.00'587.32'35' wide public street & utilityeasement per Plat of SouthUniversity District Phase 2 - J-605S 89°19'59" E 527.85'N 01°07'32" E 527.40'509.40'35' wide public street &utility easement perDoc. No. 2584907(7,501 sf)214.18'214.46'30.00'30.00' S 89°23'18" E30.00'N01°07'32"E30.00'30.00'N 01°07'32" E 364.17'N 00°51'02"E60.01'N 01°07'32" E 557.32'N 89°19'59" W 527.85'Tie Line Only - Center Quarter of Section 24 to CenterNorth 1/16th of Section 24 - Not a Boundary Line20' Wide Irrigation DitchEasement per Doc. No.'s2850839, 2850840 & 2853060N00°40'02"E35.00'WEST GRAF STREET(Public street & utility easement perDoc. No. 2563373 & 2584905)Dedicated per this platLot 1Lot development subjectto further subdivision reviewArea = 312,933 sf7.184 Acres (Gross)(Net area = 6.989 Acres)L17Temporary storm waterfacility easement per Doc. No.'s2563372 & 2584904 (Releasedper Doc. No. _____________)394.33'60' wide public street & utility easementper Plat J-702A & Doc. No. 2788163(Released per Doc. No. ____________)OS-1AOS-1B24C-W 1/16Set M.L.S.IA.C.S 89°40'36" E 484.01'30.15'30.00'30.00'13.40'70.84'453.86'399.71'S00°34'15"W20.00'N00°34'15"E79.74'N01°10'24"E~110.02'10' wide utilityeasement35' wide public street & utilityeasement per Doc. No. 2584907(Dedicated per this plat)Agricultural water user(s)facilities easement perDoc. No. __________30' wide sewer, water, andstorm pipeline and accesseasement per Doc. No.__________30' wide sewer, water, andstorm pipeline and accesseasement per Doc. No.__________10' wide utilityeasement10' wide utilityeasement10' wide utilityeasement10' wide utilityeasementLot 2A, Block 7Amended Allison SubdivisionPhase 4A (Plat Ref: J-702B)(This lot is not part of the JarrettSubdivision Phase I Plat)JARRETT 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: 01/09/2026 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.comCURVE FUNCTION TABLECURVE ARC LENGTH RADIUS DELTA ANGLE CHORD BEARING CHORD LENGTHC5 125.83' 69.00' 104°29'18" S 37°05'20" E 109.11'C10 83.04' 83.27' 57°08'17" N 43°48'01" E 79.64' (R&M)C11 7.52' 24.00' 17°57'15" N 81°20'47" E 7.49' (R&M)C12 13.37' 24.00' 31°55'31" N 73°42'51" W 13.20' (R&M)C13 53.59' 83.50' 36°46'24" N 39°21'53" W 52.68' (R&M)C14 61.71' 78.50' 45°02'28" S 51°26'43" W 60.13' (R&M)C15 13.99' 49.00' 16°21'27" S 82°08'41" W 13.94' (R&M)C8 55.55' 390.00' 8°09'37" S 71°55'42" E 55.50' (R&M)C9 88.75' 300.00' 16°57'02" S 81°12'05" E 88.43' (R&M)C1 54.78' 30.00' 104°37'12" N 37°09'17" W 47.48'C2 54.78' 30.00' 104°37'12" N 37°09'17" W 47.48'C3C4 109.56' 60.00' 104°37'12" N 37°09'17" W 94.96'C6 82.17' 45.00' 104°37'12" S 37°09'17" E 71.22'C7C16C17C18C1927.55' 21.00' 75°10'05" N 52°44'21" E 25.62'47.23' 36.00' 75°10'05" N 52°44'21" E 43.91'15.67' 20.00' 44°53'07" S 67°14'02" E 15.27'25.66' 32.50' 45°14'06" N 67°42'21" E 25.00'16.98' 32.50' 29°55'59" N 30°07'18" E 16.79' INTENTIONALLY DELETEDLINE BEARING DISTANCEL1 S 00°39'52" W 35.00'L2L3L6 N 89°40'36" W 134.65'PROPERTY LINE TABLES 82°27'37" E 40.50'L13 S 07°32'23" W 28.85'L14 N 12°36'48" E 20.28'L15 S 68°40'44" E 60.70'L16 S 12°36'48" W 20.07'L12L7 N 01°06'13" E 18.00'L8 S 01°10'24" W 20.00'L9 S 89°40'36" E 60.01'L10 N 01°10'24" E 20.00'L11 S 01°10'24" W 20.00'L20L21L19L18S 89°40'36" E 60.01'N 01°10'24" E 20.00'S 01°10'24" W 20.00'S 89°40'36" E 60.01'N 01°10'24" E 20.00'L17 INTENTIONALLY DELETEDL23L24L2231.07'L25L26 S 89°54'13" E INTENTIONALLY DELETED INTENTIONALLY DELETED INTENTIONALLY DELETED INTENTIONALLY DELETED INTENTIONALLY DELETED0' 100' 200' 300'SCALE: 1" = 100'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 approvalSheet 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.236 L190'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 1S 89°27'53" E 545.57'30'30'35' wide public street & utilityeasement per Plat of South UniversityDistrict Phase 2 - J-60535'35'119.80'112.51'195.01'195.01'S 89°27'53" E 418.35'S 89°27'53" E 408.32'S 89°19'59" E 614.44'N01°07'32"E 69.72'Lot 13,523 sf0.081 acLot 10Lot 23,442 sf0.079 acLot 33,470 sf0.080 acLot 4Lot 93,065 sf0.070 acLot 5Lot 85,000 sf0.115 acB L O C K 1B L O C K 1B L O C K 1BLOCK 2B L O C K 3Lot 13,602 sf0.082 acLot 23,324 sf0.076 acLot 33,294 sf0.075 acLot 4Lot 73,803 sf0.087 acLot 9Lot 10C 1C 2C 4C6 N 15°09'19" E 318.90'N 89°27'53" W 388.04'N 01°07'32" E67.50'N 01°07'32" E 135.01'S 89°27'53" E 388.66'S 15°09'19" W 139.52'N 89°27'53" W 354.83'N 01°07'32" E 1322.42' (R&M)S 89°19'59" E 1232.00' (R&M)67.50'67.50'69.76'69.76'Lot 254,448 sf0.102 acLot 433,518 sf0.080 acLot 42Lot 41Lot 40Lot 39Lot 38Lot 37Lot 363,004 sf0.069 acLot 343,090 sf0.071 acLot 354,016 sf0.092 acLot 333,908 sf0.089 ac30'30'60'60'30'NORTH ALLEYB L O C K 1035' wide public street andutility easement per Plat J-702A& Doc. No. 2584907(Dedicated per this plat)30' wide public street andutility easement per Plat J-702A& Doc. No. 2788163(Dedicated per this plat)N00°32'07"E68.89'51.82'43.24'43.24'43.27'43.35'43.49'43.47'44.20'64.00'43.74'43.86'7.17'43.86'43.74'64.00'44.20'43.47'43.49'43.35'43.27'43.24'43.24'52.53'Lot 13,634 sf0.083 acLot 23,007 sf0.069 acLot 33,002 sf0.069 acLot 43,000 sf0.069 acLot 53,001 sf0.069 acLot 63,007 sf0.069 acLot 73,001 sf0.069 acLot 83,047 sf0.070 acLot 94,404 sf0.101 acLot 103,001 sf0.069 acLot 113,005 sf0.069 ac51.78'44.50'44.50'44.50'44.50'44.50'44.50'44.50'57.82'24.06'44.50'44.50'44.50'44.50'44.50'44.50'44.50'52.48'N00°31'07"E 77.91'S89°29'01"E 98.50'L=35.88'44.13'51.78'44.13'N00°32'07"E70.03'3,004 sf0.069 ac3,004 sf0.069 ac3,004 sf0.069 ac3,004 sf0.069 ac3,004 sf0.069 ac3,004 sf0.069 acLot 6 Lot 7Lot 11Lot 12Lot 133,085 sf0.071 acLot 143,570 sf0.082 ac51.85'50.99'51.40'51.40'51.40'53.24'52.54'50.99'51.40'51.40'51.40'N00°32'07"E67.50'N00°32'07"E67.50'N00°32'07"E67.50'N00°32'07"E67.50'N00°32'07"E67.50'N00°32'07"E67.50'N00°32'07"E67.50'N00°32'07"E67.50'N00°32'07"E67.50'N00°32'07"E67.50'N00°32'07"E67.50'N00°32'07"E67.50'3,470 sf0.080 ac3,470 sf0.080 ac3,290 sf0.075 ac3,321 sf0.076 ac3,240 sf0.074 acLot 54,005 sf0.092 acLot 64,297 sf0.099 acLot 8Lot 113,346 sf0.076 acLot 123,698 sf0.084 ac3,300 sf0.075 ac3,381 sf0.077 ac3,352 sf0.077 ac3,330 sf0.076 acN00°32'07"E 69.60'N00°32'07"E 69.50'N00°32'07"E 69.40'N00°32'07"E 69.30'N00°32'07"E 69.20'N00°32'07"E 69.10'N00°32'07"E 68.99'N00°32'07"E 68.74'N00°32'07"E 68.68'N00°32'07"E 68.57'N00°32'07"E 68.47'N00°32'07"E 67.50'N00°32'07"E 67.50'N00°32'07"E 67.50'N00°32'07"E 67.50'N00°32'07"E 67.50'N00°32'07"E 67.50'N00°32'07"E 67.50'N00°32'07"E 67.50'10' wide utilityeasement10' wide utilityeasement10' wide utilityeasement10' wide utilityeasement10' wide utilityeasement10' wide utilityeasement10' wide utilityeasement10' wide utilityeasement52.54'45.70'48.00'48.00'49.20'49.20'48.00'48.00'45.70'3,240 sf0.074 acL=20.00'L=20.30'L=14.02'Lot 124,015 sf0.092 acLot 134,812 sf0.110 acLot 145,018 sfLot 163,472 sf0.079 acLot 15 S15°09'19"W62.01' N01°07'32"E60.00' N01°07'32"E60.00' N01°07'32"E30.00'P H A S E IS89°27'53"E S74°50'41"E 80.52' S74°50'41"E 80.00' S74°50'41"E 80.00' S74°50'41"E 80.00' S74°50'41"E 80.00' S74°50'41"E 80.00' S74°50'41"E 80.00'66.37'43.40'43.40'43.40'43.40'43.40'35.54'57.05'43.41'43.40'43.40'43.40'43.40'43.40'44.84'31.07'31.07'67.09'43.40'43.40'43.40'43.40'43.40'43.40'43.40'43.40'23.89'43.40'43.40'43.40'43.40'43.40'43.40'43.40'43.40'45.57' S74°50'41"E 80.00' S74°50'41"E 80.00' S74°50'41"E 80.00' S74°50'41"E 80.00' S74°50'41"E 80.00' S74°50'41"E 80.00' S74°50'41"E 80.00' S74°50'41"E 80.00' S74°50'41"E 80.00'Lot 17Lot 18Lot 19Lot 20Lot 21Lot 22Lot 23Lot 244,506 sf0.103 acL=7.90' S89°27'53"E 339.80' S15°09'19"W 133.77' N01°07'32"E 135.00'49.74'51.43'50.51'49.95'49.95'55.90'53.29'49.95'49.95'50.51' N89°51'05"E53.99' N89°51'05"E49.95' N89°51'05"E49.95' N89°51'05"E50.51' S89°27'53"E 61.57'51.44' S89°27'53"E 57.57'67.70' N89°30'01"E 292.37' N00°32'07"E66.85' N00°32'07"E66.25' N00°32'07"E65.66' N00°32'07"E65.06' N00°29'59"W67.14' N00°29'59"W66.83' N00°29'59"W66.53' N00°29'59"W66.22' N00°29'59"W65.29'L25 S 89°27'53" E 567.96' S 89°27'53" E 538.11'42.87'45.20' S 15°09'19" W 438.49' S 15°09'19" W 438.18' S 15°09'19" W 465.52' S 15°09'19" W 358.04'30.00' N 89°30'01" E 331.08' S 89°54'13" E 129.45' S 89°54'13" E 98.38'162.70'195.35'Lot 26Lot 27Lot 28Lot 29Lot 30Lot 313,474 sf0.079 acLot 323,949 sf0.090 ac3,472 sf0.079 ac3,472 sf0.079 ac3,472 sf0.079 ac3,472 sf0.079 ac3,472 sf0.079 ac3,472 sf0.079 ac3,472 sf0.079 ac3,472 sf0.079 ac3,472 sf0.079 ac3,472 sf0.079 ac3,472 sf0.079 ac3,472 sf0.079 acL =3 5 .92' S 3 7 °0 9 '1 7"E33.24 '67.50'67.50'67.23'66.54' N89°54'13"W 82.84' N89°54'13"W 82.84' N89°52'37"E62.20' S89°30'01"W307.48' S01°07'32"W60.00' S89°27'53"E371.75'62.25' N89°43'09"E10' wide utilityeasement (SeeDetail A, Sheet 1)S00°32'07"W 70.03'ARNOLD STREETSTAUDAHER STREETSOUTH 11th AVENUE(Public street easement per Doc. No. 2584907)SOUTH 13th AVENUEBlock 4, Lot 1, Amended Plat of Lot 2, South UniversityDistrict Phase 2 (Plat J-605) known as 'South UniversityDistrict Phase 3 Subdivision' (Plat reference J-695)Lot 4, Block 1Minor Sub 494644.15'587.32' S 89°19'59" E 557.85' N 01°07'32" E 587.32' S 89°23'18" E60.00'Lot 1Lot development subjectto further subdivision reviewArea = 211,003 sf4.844 acLot 1Lot development subjectto further subdivision reviewArea = 385,636 sf8.853 acB L O C K 4B L O C K 7FUTURE PHASESOUTH 14THAVENUECHINNIE STREETAPPLE BLOSSOM WAYNORTH ALLEY35' wide public street & utilityeasement per Plat of South UniversityDistrict Phase 2 - J-60561.57'74.54' N00°32'07"E65.06'45.42'82.89'65.28'45.42'5,000 sf0.115 ac48.74'82.88'65.27'48.74'76.76'L=14.02'Lot 153,245 sf0.075 ac N30°06'02"E 88.12'L=27.85'L=78.235' wide public street & utilityeasement per Plat of South UniversityDistrict Phase 2 - J-605City Park 3, Amended Plat of Lot 2, SouthUniversity District Phase 2 (Plat J-605) knownas 'South University District Phase 3Subdivision' (Plat reference J-695)35.00'587.32'30.00'Existing PublicPark Easement(Per Plat J-702A)343.39'373.67'214.18'214.46'35.00'N 89°19'59" W 527.85'N 01°07'32" E 557.32'30' wide sewer, water, and stormpipeline and access easementper Doc. No. __________L=29.85 '60' wide public street andutility easement per Plat J-702A20' Wide Irrigation DitchEasement per Doc. No.'s2850839, 2850840 & 285306035' wide public street andutility easement per Plat J-702A& Doc. No. 2584907 (Dedicatedper this plat to this line)60'60' wide public street and utility easementper Plat J-702A & Doc. No. 2788163(Released per Doc. No. _______)OS-1B0.126 ac5,506 sfS89°27'40"E 95.91'30.00'30.00'0.047 ac2,061 sf30.00'OS-1ALot 1Area = 335,122 sf7.693 Acres (Gross)(Net Area = 6.753 Acres) S89°54'13"E 196.76'Set A.C. W.C. bearsN89°19'59"W 1.00'from true cornerSet A.C. W.C. bearsS30°06'02"W 11.84'from true corner30' wide sewer, water, and stormpipeline and access easementper Doc. No. __________30.98'Agricultural water user(s)facilities easement perDoc. No. __________N 89°19'53" W 171.25'106.94'N00°40'02"ES 89°19'59" E 557.85'77.52'186.25'157.14'L=91.86'R=207.50'D=25°21'49"Ch. Brg.=N76°38'59" WCh. L=91.11'S 09°13'1 4" E 25 6.9 1'36'S 1 0°3 6'09 " E 1 61 .17' S 1 4 °0 3 '0 6 " E 9 1 .30 'S1 1 °0 3'1 9 "E 3 6.6 1 ' N11 °0 3'1 9"W 3 3 .15 'S01°38'58"W21.98'N01°38'58"E21.03'36.77'N 1 4 °0 3 '0 6 " W 8 7 .4 2 ' N 1 0°3 6'09 " W 1 62 .69' N 0 9°1 3'14" W 2 43.3 2'46.81'444.27'C 5SOUTH 11th AVENUE(Public street dedicated to Cityper Allison Sub. Ph. 4A and SouthUniversity District Ph 2 Minor Sub, J-605)41.20''L =47.63'N01°41'07"E 1314.62'Tie Line Only - Center Quarter of Section 24 to CenterNorth 1/16th of Section 24 - Not a Boundary Line2413Lot 2A, Block 7Amended Allison SubdivisionPhase 4A (Plat Ref: J-702B)(This lot is not part of the JarrettSubdivision Phase I Plat)JARRETT 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: 01/09/2026 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.comSCALE: 1" = 50'BASIS OF BEARINGS:Montana State Plane Coordinate System Grid North(NAD83, Single Zone), established throughGPS observations.3SHEET 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 approvalSheet 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.0' 50' 100' 150'NSEW37 JARRETT 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: 01/09/2026 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.comSHEET 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 approvalSheet 5 - Conditions of approval (1" = 50')NOTES:1. Federal, state and local plans, policies, regulations, and/or conditionsof subdivision approval that may limit the use of the property, includingthe location, size, and use are shown on the Conditions of Approvalsheet.2. Buyers of property should ensure that they have obtained andreviewed all sheets of the plat and all documents recorded and filed inconjunction with the plat and that buyers of property are stronglyencouraged to contact the local planning department and becomeinformed of any limitations on the use of the property prior to closing.4CONDITIONS OF APPROVAL:1. No crawl spaces or basements will be permitted with future development ofthe site unless a professional engineer registered in the State of Montanacertifies that the lowest point of any proposed structure is located above theseasonal high groundwater level and provides supporting groundwater data priorto release of building permit. In addition, sump pumps are not allowed to beconnected to the sanitary sewer system. Sump pumps are also not allowed tobe connected to the drainage system unless capacity is designed into thedrainage system to accept the pumped water. Water from sump pumps may notbe discharged onto streets, such as into curb and gutters where they may createa safety hazard for pedestrians and vehicles.2. A 1 foot "No Access" strip is hereby reserved along South 11th Avenue for thefull length of the development.3. The maintenance of all Stormwater retention facilities outside the publicright-of-way is the responsibility of the property owners' association (POA).4. Cash in lieu of water rights was paid to the City of Bozeman for this plat(receipt No. ___________).5. NOTICE IS HEREBY GIVEN to all potential purchasers of Lot 1, Block 4; Lot1, Block 7; Lot 1, Block 8; and Lot 1 Block 9 of the Jarrett Subdivision, City ofBozeman, Gallatin County, Montana, that the final plat of the subdivision wasapproved by the Bozeman City Commission without completion of on and off siteimprovements required under the Bozeman Municipal Code, as is allowed inChapter 38.780.030 of the Bozeman Municipal Code. As such, this Restriction isfiled with the final plat that stipulates that any use of these lots are subject tofurther subdivision, and no development of these lots must occur until all on andoff site improvements are completed as required under the Bozeman MunicipalCode. THEREFORE, BE ADVISED, that Building Permits will not be issued forLot 1, Block 4; Lot 1, Block 7; Lot 1, Block 8; and Lot 1 Block 9 of the JarrettSubdivision, City of Bozeman, Gallatin County, Montana until all required on andoff site improvements are completed and accepted by the City of Bozeman. Nobuilding structure requiring water or sewer facilities must be utilized on these lotsuntil this restriction is lifted. This restriction runs with the land and is revocableonly by further subdivision or the written consent of the City of Bozeman.6. Compliance with BMC 38.410.110 - Water Adequacy has been deferred untilthe time of future development for the following lots: Lot 1, Block 4; Lot 1, Block7; Lot 1, Block 8; Lot 1, Block 9. Buyers of these lots are hereby provided noticeof the future development restriction.RECORDED DOCUMENTS:A. Terms, conditions, restrictions and all other disclosures contained in theEasement and Right of Way Agreement for a Water Main, recorded December24, 1984 in Film 85, Page 4829, records of Gallatin County, Montana.B. Terms, conditions, restrictions and all other disclosures contained in theTemporary Storm Water Facility Easement City of Bozeman, Gallatin County,Montana, recorded November 10, 2016, Document No. 2563372, records ofGallatin County, Montana.C. Terms, conditions, restrictions and all other disclosures contained in thePublic Street and Utility Easement, recorded November 10, 2016, Document No.2563373, records of Gallatin County, Montana.D. Terms, conditions, restrictions and all other disclosures contained in theTemporary Storm Water Facility Easement City of Bozeman, Gallatin County,Montana, recorded July 7, 2017, Document No. 2584904, records of GallatinCounty, Montana.E. Terms, conditions, restrictions and all other disclosures contained in the PublicStreet and Utility Easement, recorded July 7, 2017, Document No. 2584905,records of Gallatin County, Montana.F. Terms, conditions, restrictions and all other disclosures contained in the PublicStreet and Utility Easement, recorded July 7, 2017, Document No. 2584907,records of Gallatin County, Montana.G. Terms, conditions, restrictions and all other disclosures contained in thePublic Street and Utility Easement, recorded October 5, 2022, Document No.2788163, records of Gallatin County, Montana.H. Terms, conditions, restrictions and all other disclosures contained in the DitchEncroachment Agreement, recorded May 19, 2025, Document No. 2850839,records of Gallatin County, Montana. Amended Ditch Encroachment Agreement,recorded June 20, 2025, Document No. 2853060, records of Gallatin County,Montana.I. Terms, conditions, restrictions and all other disclosures contained in the Grantof Ditch Easement, recorded May 19, 2025, Document No. 2850840, records ofGallatin County, Montana.J. Mutual Drainage and Maintenance Access Easement and Agreement locatedon Lot 2A, Block 2 of the Amended Plat of Lot 1 and Lot 2, Block 2, AllisonSubdivision Phase 4A per Document Number _______________.K. All lots within this plat are under and subject to the terms and conditions ofSpecial Improvement Lighting District (SILD) No. 724 per City of BozemanResolution 2026-10.L. All lots within this plat are under and subject to the terms and conditions of theProperty Owners Association per Document Number _____________.M. Sewer, Water, and Storm Pipeline and Access Easement and Agreementlocated on Lot OS-1A and OS1-B per Doc. No. _____________.N. Release and reconveyance of Temporary Storm Drainage Easement perDocument Number _____________.O. Release and Reconveyance of a 60' Wide Public Street and Utility Easementper Document Number _____________.P. Agricultural Water User(s) Facilities Easement per Doc. No. _____________.Q. 10' wide Public Utility Easements per this plat.R. Parkland Improvements Agreement for Jarrett Subdivision Phase I Bozeman,Montana per Document Number ____________.S. Indemnification and Hold Harmless Agreement Jarrett Subdivision perDocument Number 2853954.38 90'SOUTH 15TH AVENUE30'30'Lot 1Lot 10Lot 2Lot 3Lot 4Lot 9Lot 5Lot 8B L O C K 1B L O C K 1BLOCK 2B L O C K 3Lot 1Lot 2Lot 3Lot 4Lot 7Lot 9Lot 10Lot 2530'30'60'60'B L O C K 10Lot 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 utilityeasementP H A S E ILot 17Lot 18Lot 19Lot 20Lot 21Lot 22Lot 23Lot 24Lot 26Lot 27Lot 28Lot 29Lot 30Lot 31Lot 32STAUDAHER STREETSOUTH 11th AVENUE(Public street easement per Doc. No. 2584907)1' No Access Strip alongSouth 11th AvenueSOUTH 13th AVENUELot 1Lot development subjectto further subdivision reviewArea = 211,003 sf4.844 acLot 1Lot development subjectto further subdivision reviewArea = 385,636 sf8.853 acB L O C K 4B L O C K 7FUTURE PHASECHINNIE STREETAPPLE BLOSSOM WAY60' wide public street andutility easement per Plat J-702A60'60' wide public street and utility easementper Plat J-702A & Doc. No. 2788163(Released per Doc. No. _______)Lot 1Area = 335,122 sf7.693 Acres (Gross)(Net Area = 6.753 Acres)30' wide sewer, water, and stormpipeline and access easementper Doc. No. __________Agricultural water user(s)facilities easement perDoc. No. __________36'B L O C K 135' wide public street & utilityeasement per Plat of South UniversityDistrict Phase 2 - J-60535'35'B L O C K 1Lot 43Lot 42Lot 41Lot 40Lot 39Lot 38Lot 37Lot 36Lot 34Lot 35Lot 3330'35' wide public street andutility easement per Plat J-702A& Doc. No. 2584907(Dedicated per this plat)& Doc. No. 2788163Lot 1Lot 2Lot 3Lot 4Lot 5Lot 6Lot 7Lot 8Lot 9Lot 10Lot 1110' wide utilityeasementLot 12Lot 13Lot 14Lot 1510' wide utilityeasement (SeeDetail A, Sheet 1)ARNOLD STREETSOUTH 11th AVENUE(Public street dedicated to Cityper Allison Sub. Ph. 4A and SouthUniversity District Ph 2 Minor Sub, J-605)SOUTH 14THAVENUENORTH ALLEY35' wide public street & utilityeasement per Plat of South UniversityDistrict Phase 2 - J-605Lot 1535' wide public street & utilityeasement per Plat of South UniversityDistrict Phase 2 - J-605Existing PublicPark Easement(Per Plat J-702A)30' wide sewer, water, and stormpipeline and access easementper Doc. No. __________20' Wide Irrigation DitchEasement per Doc. No.'s2850839, 2850840 & 285306035' wide public street andutility easement per Plat J-702A& Doc. No. 2584907 (Dedicatedper this plat to this line)OS-1BOS-1ASet A.C. W.C. bearsN89°19'59"W 1.00'from true cornerSet A.C. W.C. bearsS30°06'02"W 11.84'from true cornerJARRETT 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: 01/09/2026 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 approvalSheet 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.CERTIFICATE OF CONDITIONS OF APPROVAL:(I), (We), the undersigned property owner(s), do hereby certify that the textand/or graphics shown on the Conditions of Approval sheet(s) represent(s)requirements by the governing body for final plat approval and that all conditionsof subdivision application have been satisfied.(I), (We), the undersigned property owner(s), do hereby certify that theinformation shown is current as of the date of this certification, and that changesto any land-use restrictions or encumbrances may be made by amendments tocovenants, zoning regulations, easements, or other documents as allowed bylaw or by local regulations.(I), (We), the undersigned property owner(s), do hereby certify that (I) (We)acknowledge that federal, state, and local plans, policies, regulations, and/orconditions of subdivision approval may limit the use of the property, including thelocation, size, and use as shown on the Conditions of Approval sheet or asotherwise stated. Buyers of property should ensure that they have obtained andreviewed all sheets of the plat and all documents recorded and filed inconjunction with the plat. Buyers of property are strongly encouraged to contactthe local planning department and become informed of any limitations on the useof the property prior to closing.Bon Ton, Inc. of Billings, owner of Lot 1 and Lot 2, Amended Plat J-702ABy: __________________________________________ Eugene Graf III, PresidentState of __________ ) s.s.County of __________ )On this ______________day of ______________________, 20___, before me,a Notary Public in and for said state, personally appeared Eugene Graf III, knownto me to be the person who signed the foregoing instrument as President of BonTon, Inc. of Billings, and acknowledged to me that such Corporation executedthe same. IN WITNESS WHEREOF, I have hereunto set my hand and affixedmy Notarial Seal the day and year first written above.______________________________________________Signature______________________________________________Printed NameNotary Public for theResiding atMy commission expires ________________CERTIFICATE OF CONDITIONS OF APPROVAL (CONT'D):Yvonne G. Jarrett, owner of Lot 3A, Amended Plat J-702BBy: __________________________________________ Yvonne G. JarrettState of __________ ) s.s.County of __________ )On this ______________ day of ______________________, 20___, before me,a Notary Public in and for said state, personally appeared Yvonne G. Jarrett,known to me to be the person who signed the foregoing instrument. INWITNESS WHEREOF, I have hereunto set my hand and affixed my NotarialSeal the day and year first written above______________________________________________Signature______________________________________________Printed NameNotary Public for theResiding atMy commission expires ________________39 Jarrett Major Subdivision Preliminary Plat City Commission Findings of Fact and Order Staff Report, Project No. 23072 Page 1 of 37 Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat, Application 23072; City Commission Staff Report. Public Hearing Date: The City Commission public hearing on this Findings of Fact and Order for this application 23072 will be held on July 16, 2024 at 6:00 P.M. in the City Hall Commission Room. Electronic access to the meeting may be available as outlined on the published agenda of the meeting. Project Summary: The Jarrett Subdivision application is a 45.83 acre Major Subdivision Preliminary Plat providing 110 residential lots, 2 open space lots, one 7.5 acre City Park, 3 undevelopable/restricted development lots totaling 18.3 acres, street rights-of-way, and street public easements. Legal Description: The property is described as a tract of land being Lot 1 and 2 of the Amended Plat of Lot 1, Block 9, Allison Subdivision Phase 4A (Plat ref. J-702) and the SE ¼ of the NW ¼ of Section 24 of C.O.S. 252 and C.O.S. 792 and Lot 3A of the Amended Plat of Lot 2, Block 7, Allison Subdivision Phase 4A (Plat ref. J-702) and Lot 3 of Amended Plat of Lot 1, Block 9, Allison Subdivision Phase 4A (Plat ref. J=702) and the SE ¼ of the NW ¼ pf Section 24 of C.O.S. 252 and C.O.S. 792 (Plat ref. J-702A) located in the NE ¼ of the SE ¼, SW ¼ and NW ¼ of Section 24, T 2 S, R5 E, P.M.M., City of Bozeman, Gallatin County, Montana. Project Location: The above-referenced property (“Site”) is located south of the Montana State University (MSU), south of Arnold Street, west of S. 11th Avenue, and north of W. Graf Street. Staff Finding: The application conforms to standards and is sufficient for approval with conditions and code provisions. Community Development Board/Planning Board Recommendation on June 3, 2024: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 23072 and move for the Community Development Board, in its capacity as the Planning Board, to recommend approval of the Jarrett Major Subdivision Preliminary Plat with conditions and subject to all applicable code provisions. This Motion passed unanimously, 7 to 0, with the additional recommendation that basements be allowed if sanctioned by a licensed geotechnical engineer as described in Section 1 below on page 3. Docusign Envelope ID: 617C13B3-FB27-4A88-8566-01417C605AEE 40325 City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072 Page 2 of 37 City Commission Motion on June 18, 2024: Having reviewed and considered the application materials, staff report, the Community Development Board/Planning Board recommendation, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 23072 and move to approve the Jarrett Major Subdivision Preliminary Plat with conditions and subject to all applicable code provisions. The Motion passed unanimously, 5 to 0. Report Date: July 1, 2024 Staff Contact: Susana Montana, Senior Planner Simon Lindley, Project Engineer Agenda Item Type: Consent (Quasi-Judicial) EXECUTIVE SUMMARY This report is based on the revised application materials submitted and public comment received to date. The application materials are available here and https://weblink.bozeman.net/WebLink/Browse.aspx?startid=274018&cr=1 and in the City’s Laserfiche archive and may be accessed through the Community Development viewer as well. No written public comments have been received as of the writing of this report. Should written public comments be received they will be included in the City’s Laserfiche archive and available to the public. Public comment received at the June 18, 2024 City Commission meeting is summarized in Appendix B on page 38. The video of the meeting can be reached at the following link: https://bozeman.granicus.com/player/clip/2307?view_id=1&redirect=true Unresolved Issues: None Project Description The Department of Community Development received a Preliminary Plat Application on April 4, 2022, requesting to subdivide 45.83 acres to create 110 residential lots which would primarily be suitable for townhome development, one 7.52 acre park, street easements and rights-of-way and 3 undevelopable lots totaling 18.3 acres for future subdivision and future residential development. The site is former farmland and is zoned R-2. The property will have access from Arnold Street to the north, from W. Graf Street to the south, and from South 11th Avenue to the east. Development of the subdivision would take place in three phases as shown below in Exhibits 7 and 8. Docusign Envelope ID: 617C13B3-FB27-4A88-8566-01417C605AEE 41326 City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072 Page 3 of 37 The subdivision land was recently rezoned from R-1, Low Density Residential to R-2, Moderate Density Residential to allow smaller lot sizes (Ordinance No. 2159, Project No. 23047). The undevelopable/restricted development Lot 1, Block 8, Lot 1, Block 9 and Lot 1, Block 10, totaling 18.332 acres, require further subdivision or, if developed as one lot, a site plan review. On May 15, 2024, the Development Review Committee (DRC) found the application sufficient for continued review and recommends the conditions and code provisions identified in this report. The final decision for this preliminary plat must be made by June 28, 2024. Alternatives 1. Approve with the recommended conditions; 2. Approve with modifications to the recommended conditions; 3. Deny the application based on Commission’s findings of non-compliance with the applicable criteria contained within the staff report; or 4. Continue the public hearing on the application, with specific direction to staff or the subdivider to supply additional information or to address specific items. SECTION 1 –PLANNING BOARD DISCUSSION AND RECOMMENDATIONS The Community Development Board, acting in their capacity as the Planning Board, held a public hearing on this major subdivision preliminary plat on June 3, 2024. During the meeting, Community Development staff Susana Montana provided an overview of the Applicant’s proposal and presented a summary of how the proposal meets applicable MCA and UDC statute criteria for evaluating and approving subdivisions. This evaluation of the statute criteria are detailed below in Section 6 on pages 20 to 29 of this report. There was no written public comment presented prior to the meeting and there were two people providing comment on the proposal at the meeting. Their comments are noted below in Appendix B on page 31. The Applicant made a brief presentation of the elements of the proposed subdivision and answered Board Members questions about the project. The Applicant stated that he agreed with staff findings and recommendation for approval with the exception of the language of one Code Provision. Code Provision No. 4 prohibits basements and the Applicant requested basements be permitted if a geotechnical engineer certifies they would be safe and suitable. This request and the Board discussion about basements are summarized below. Docusign Envelope ID: 617C13B3-FB27-4A88-8566-01417C605AEE 42327 City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072 Page 4 of 37 Following the staff and Applicant’s presentations and public comment, Board Member Murphy made a Motion and Board Member Egnatz seconded the Motion to begin the Board discussion process. Comments and discussions from Board Members include the following: Townhome design Board Members commented that providing townhomes is an important contribution to the mix of housing types and for housing diversity in the City and for this area. They could provide more affordable housing for “missing middle”-income households than single-household, detached homes. However, the Board commented it is critically important the townhome designs within the subdivision be high quality. Townhome design can be dignified and beautiful like the “brownstone” townhomes of New York City. If the design of these rows of attached houses are poor and they are built of poor quality, this subdivision could result in a negative image of townhome developments and may result in poor public acceptance of future townhome development elsewhere in the City. The Board recommended that the subdivision CC&Rs include conditions for high quality design of the townhomes. Basements Board Members support the ability to build basements in the homes within this subdivision. The Applicant noted that Code Provision No. 5 in the CDB staff report prohibits basements in homes due to high ground water levels within this Site. He requested the Board amend the Code Provision language to allow basements if a licensed geotechnical engineer certifies the basement would be safe from flooding and would not cause discharge of water onto the street and into City storm drains. Board Members like basements in homes which provide additional space for laundry facilities and storage. They can also provide additional living space for growing families at a nominal cost. Although Board Members supported basements and the amendment to Code Provision to allow them when certified they are suitable for a home lot by a licensed geotechnical engineer, Board Members did not feel they were qualified to recommend that change to the Commission without concurrence from City engineers. The Board asked staff to check with the Project Engineer to see if the Applicant’s proposed amendment to Code Provision would be acceptable. If it is, then the amendment could be included in the staff report to the Commission. If it isn’t, then the Applicant’s request should be brought directly to the Commission for their discussion and decision, with staff bringing the Project Engineer’s rationale for the prohibition of basements in this subdivision to the Commission for their consideration. [Staff Comment: The Project Engineer conferred with the Engineering Division Manager and proposed the following substitute Code Provision No. 4 regarding the provision of basements: Docusign Envelope ID: 617C13B3-FB27-4A88-8566-01417C605AEE 43328 City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072 Page 5 of 37 “BMC 38.220.070.7.b - The Conditions of Approval Sheet shall contain the following, "No crawl spaces or basements will be permitted with future development of the site unless a professional engineer registered in the State of Montana certifies that the lowest point of any proposed structure is located above the seasonal high groundwater level and provides supporting groundwater data prior to release of building permit. In addition, sump pumps are not allowed to be connected to the sanitary sewer system. Sump pumps are also not allowed to be connected to the drainage system unless capacity is designed into the drainage system to accept the pumped water. Water from sump pumps may not be discharged onto streets, such as into the curb and gutters where they may create a safety hazard for pedestrians and vehicles." The Applicant was offered this amendment and they have accepted it. BonTon Park Board Members commented that the proposed parkland at the northwest corner of the Site should be maintained by the City Parks Department rather than the subdivision homeowners’ association (HOA). [Staff Comment: The BonTon Park will be dedicated to, and maintained by, the City.] Trail Connectivity It is important that the subdivision provide multi-modal connectivity to the park for all homes and to parkland and trails throughout the area. The Board looks forward to connectivity to the adjacent Gallagator Trail. There was comment about the one-foot-no-vehicle-access easement along S. 11th Avenue and W. Graf Street as a condition of approval for the subdivision. The 10-foot wide sidewalk along those streets would get the bicycle traffic off the street. The no driveways along S. 11th Avenue would provide more on-street parking for alley-accessed abutting homes. Water Conservation It was remarked that this is a large subdivision and should be provided with large areas of plantings, trees for shading, and irrigation. The irrigation system should incorporate water conservation measures. After discussion, the Board voted on the Motion which passed unanimously, 7 to 0. Docusign Envelope ID: 617C13B3-FB27-4A88-8566-01417C605AEE 44329 City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072 Page 6 of 37 TABLE OF CONTENTS EXECUTIVE SUMMARY ............................................................................................................ 2 Unresolved Issues. None ..................................................................................................... 2 Project Description.............................................................................................................. 2 Alternatives ......................................................................................................................... 3 SECTION 1 –PLANNING BOARD DISCUSSIONS……………………………………………2 SECTION 2 -- MAP SERIES ......................................................................................................... 7 SECTION 3 – REQUESTED VARIANCES ............................................................................... 15 SECTION 4 – RECOMMENDED CONDITIONS OF APPROVAL .......................................... 15 SECTION 5 – CODE REQUIREMENTS .................................................................................... 15 SECTION 6 – RECOMMENDATION AND FUTURE ACTIONS ............................................ 18 SECTION 7 – STAFF ANALYSIS and findings ......................................................................... 18 Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC. .......................... 19 38.220.060. Documentation of compliance with adopted standards ................................ 21 SECTION 8 -- FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS……………… 30 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY .................................... 29 APPENDIX B – NOTICING AND PUBLIC COMMENT ......................................................... 36 APPENDIX C – OWNER INFORMATION AND REVIEWING STAFF ................................. 37 FISCAL EFFECTS ....................................................................................................................... 37 ATTACHMENT LINKS .............................................................................................................. 37 Docusign Envelope ID: 617C13B3-FB27-4A88-8566-01417C605AEE 45330 City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072 Page 7 of 37 SECTION 2 – MAP SERIES Exhibit 1: Location Map Docusign Envelope ID: 617C13B3-FB27-4A88-8566-01417C605AEE 46331 City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072 Page 8 of 37 Exhibit 2 – Zoning Map As of June 4, 2024, the Site will be rezoned R-2. Docusign Envelope ID: 617C13B3-FB27-4A88-8566-01417C605AEE 47332 City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072 Page 9 of 37 Exhibit 3: Community Plan 2020 Future Land Use Docusign Envelope ID: 617C13B3-FB27-4A88-8566-01417C605AEE 48333 City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072 Page 10 of 37 Exhibit 4: “Parent” Allison Subdivision. Jarrett Subdivision within the red lines. 2006 Preliminary Plat 100 acres to be built in 24 phases 312 Dwelling Units at build-out 274 Single-Household lots 7 Multi-Household lots 31 Townhouse lots Docusign Envelope ID: 617C13B3-FB27-4A88-8566-01417C605AEE 49334 City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072 Page 11 of 37 Exhibit 5: Allison Subdivision Context. Jarrett Subdivision shown within the yellow lines. GRAF ST WESTRIDGE DR ARNOLD ST S 3RD AVE S 11TH AVE SECOR AVE S 7TH AVE PARK PL ALDER CREEK DR BROOKDALE DR CONCORD DR HILLCREST DR BROOKDALE DR SUMMERSET DR LEXINGTON DR FIELDSTONE DR WFIELDSTONE DR MADRONA LN ALDER CREEK DR STAUDAHER ST ERWIN AVE CUTTING ST RITTER DR OPPORTUNITY WAY MORROW ST OVER BROOK D R TESLOW DR L A N D OE AVE HENDERSON ST S 11TH AVE Legend Ditch Stream 1 inch equals 503 feet ¯Title Revised: This map was created by the City of Bozeman Department of Planning and Community DevelopmentIntended for Planning purposes only - some layers may not line up properly. Alder Creek Subdivision Figgins Subdivision Morning Star Elementary School Boylan Farmstead Montana State University Mandeville Creek Subdivision CFT Business Park Westfield Subdivision Allision Subdivision Future Phases Docusign Envelope ID: 617C13B3-FB27-4A88-8566-01417C605AEE 50335 City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072 Page 12 of 37 Exhibit 6: Jarrett Subdivision Area Map Jarrett Subdivision is 45.83 acres, providing 110 residential lots; 2 open space lots; and one 7.5 acre City Park; and 3 undevelopable/restricted development lots totaling 18.3 acres. Docusign Envelope ID: 617C13B3-FB27-4A88-8566-01417C605AEE 51336 Jarrett Major Subdivision Preliminary Plat City Commission Findings of Fact and Order Staff Report, Project No. 23072 Page 13 of 37 Exhibit 7 – Jarrett Major Subdivision Preliminary Plat Phases of Development Docusign Envelope ID: 617C13B3-FB27-4A88-8566-01417C605AEE 52337 City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072 Page 14 of 37 Exhibit 8: Park Plan; Phase 1 Improvements noted in red. Docusign Envelope ID: 617C13B3-FB27-4A88-8566-01417C605AEE 53338 Jarrett Major Subdivision Preliminary Plat City Commission Findings of Fact and Order Staff Report, Project No. 23072 Page 15 of 37 SECTION 3 – REQUESTED VARIANCES The subdivider does not request any subdivision variances with this preliminary plat application. SECTION 4 – RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. These conditions are specific to this project. Recommended Conditions of Approval: 1. The subject property is located within the South 11th Street and Graf Street payback district boundaries. If the subject property did not participate in the original cost of construction of improvements the subject property will be accessed a payback charge prior to final plat approval. Reference documents (https://weblink.bozeman.net/WebLink/ElectronicFile.aspx?dbid=0&docid=179320&) and (https://weblink.bozeman.net/WebLink/ElectronicFile.aspx?dbid=0&docid=181722&). 2. A 1 foot "No Access" strip shall be noted and shown on the final plat application along the South 11th Avenue and West Graf Street frontages for the full length of the development. SECTION 5 – CODE REQUIREMENTS 1. Sec. 38.410.060. - Easements. a. All Easements indicated below must be provided on city standard easements templates with an easement exhibit certified by a professional land surveyor licensed in the State of Montana. Drafts must be prepared for review and approval by the city. Signed hard copies of the easements must be submitted to the city prior to final plat approval. b. Agricultural Water Facilities. (1) An agricultural water users easement meeting the requirement of 38.410.060.D.1. must be dedicated with the final plat and notice stating that the easements are subject to the requirements of Section 70-17-112, MCA restricting interference with canal or ditch easements and that irrigation works are subject to Section 85-7-2211 and 85-7-2212, MCA regarding duties and liability, per 38.410.060.D.6 or provide sufficient information pursuant to Sec. 38.410.060.D.5 to allow for the removal of the ditch lateral from the subject property. 38.410.060.D.5 to allow for the removal of the ditch lateral from the subject property. Docusign Envelope ID: 617C13B3-FB27-4A88-8566-01417C605AEE 54339 City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072 Page 16 of 37 The notice must include language to assure the duties are binding upon all successors in interest and remain in effect until such time that the agricultural water user facility is abandoned in accordance with the requirements of Montana Law or alternative requirements are agreed to in writing by all applicable parties. (2) The notice must include language to assure the duties are binding upon all successors in interest and remain in effect until such time that the agricultural water user facility is abandoned in accordance with the requirements of Montana Law or alternative requirements are agreed to in writing by all applicable parties. The easements must be prepared as documents separate from a final plat but may be referenced on a final plat. (3) The easements must be prepared as documents separate from a final plat but may be referenced on a final plat. (4) The developers professional engineer must provide a certification with the final plat, that the water entering and exiting the piped ditches are the same quality and amount of water that entered or exited the facility prior to adjustment. (5) The applicant must provide a permission form from the ditch owner to modify any ditches. (30 foot Storm pipeline access easement, 30 foot water and sewer pipeline access easement). c. The temporary drainage easement just northwest of the intersection of South 11th Avenue and Graf Street must be released prior to final plat using the city standard template. d. Prior to final plat approval, the applicant must provide an easement for the existing stormwater pond #2 located in the Allision Phase 4A Subdivision. The easement is required to provide the Jarrett Subdivision legal access to perform shared maintenance on existing stormwater pond #2 in the Allision Phase 4A Subdivision. e. BMC 38.220.070.7.f - List all easements and recorded document numbers on the Conditions of Approval Sheet of the final plat. 2. BMC 38.400.070 - Street Lighting: The required public streetlight(s) must be included in a Special Improvement Lighting District (SILD), in accordance with the City of Bozeman Lighting and Electrical Specifications, prior to final plat approval. 3. BMC 38.220.020.A - Streambed, Streambank, and/or Wetlands Permits The applicant must contact the Gallatin County Conservation District, Montana Docusign Envelope ID: 617C13B3-FB27-4A88-8566-01417C605AEE 55340 City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072 Page 17 of 37 Department of Environmental Quality, and U.S. Army Corps of Engineers regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc..). Any required permits must be obtained by the applicant and provided to the Community Development Department prior to construction and/or final plat approval, whichever is sooner. A permission form from the ditch owner and downstream water user must be provided to modify a ditch. Ditches must follow historical drainage. 4. BMC 38.220.070.A.7.b - The Conditions of Approval Sheet shall contain the following text: "No crawl spaces or basements will be permitted with future development of the site unless a professional engineer registered in the State of Montana certifies that the lowest point of any proposed structure is located above the seasonal high groundwater level and provides supporting groundwater data prior to release of building permit. In addition, sump pumps are not allowed to be connected to the sanitary sewer system. Sump pumps are also not allowed to be connected to the drainage system unless capacity is designed into the drainage system to accept the pumped water. Water from sump pumps may not be discharged onto streets, such as into the curb and gutters where they may create a safety hazard for pedestrians and vehicles." 5. BMC 38.400.040.A.2 - Street names must be reviewed and approved by the County's geographic information systems and City Engineering Department prior to final plat approval. The applicant must submit written approval from both entities with the final plat application. 6. BMC 38.240.450.A - Where improvements are to be installed prior to final plat approval, the final plat subdivision must contain a certificate of completion of public improvements. The certificate must list all completed and accepted improvements. 7. BMC 38.220.070.A.7.b - The Conditions of Approval Sheet shall contain the following, "The maintenance of all stormwater retention facilities outside the public right-of-way is the responsibility of the property owners’ association (POA)." 8. BMC 40.04.700.A.4.h and DSSP II.B.5. Prior to final plat approval, the Allision Phase 4A Subdivision HOA documents must be amended to include a shared maintenance responsibility with the Jarrett Subdivision HOA for existing stormwater pond #2, located adjacent to Arnold Street within the Allision Phase 4A Subdivision. The Jarrett Subdivision HOA documents must also describe the shared maintenance responsibility with the Allision Phase 4A Subdivision HOA for existing stormwater pond #2. 9. BMC 38.400.010.A.1, BMC 38.400.050.A & BMC 38.420.060 Arnold Street must be fully constructed, including drainage and lighting, from South 14th Avenue to South 11th Avenue prior to final plat approval of Phase 1 of the Jarrett Subdivision. Docusign Envelope ID: 617C13B3-FB27-4A88-8566-01417C605AEE 56341 City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072 Page 18 of 37 10. BMC 38.420.020.D. Parkland. To ensure coordination when parks are being created by a multiphase development, the entire parkland dedication must be accomplished at the time of the initial phase of the development. If necessary, this may be accomplished through the grant of public access easements during later phases. 11. BMC 38.420.070.A. – Linear Parks. If consistent with the growth policy or citywide park plan, and if reviewed and approved by the review authority, linear parks must be dedicated to the City to provide corridors for recreation pathways as defined in section 38.420.110. 12. Sec. 38.410.130 - Water Adequacy. a. Subject to subsections B and C, prior to final approval by the review authority of development occurring under this chapter or chapter 10, the Applicant must offset the entire estimated increase in annual municipal water demand attributable to the development pursuant to subsection D. b. Payment-in-lieu of water rights must be made for the townhouse lots prior to final plat approval. c. Sec. 38.410.130.C.2 - Water Adequacy. Compliance with this section is deferred for development of Blocks 7, 8 and 9 provided the Applicant records a notice of restriction on future development on these lands in a form acceptable to the review authority with the Gallatin County Clerk and Recorder: Individual lots of a subdivision final plat planned for future multiple-household development. d. A note must be included in the conditions of approval sheet indicating lots which will require future payment of cash-in-lieu of water rights upon future development. SECTION 6 – RECOMMENDATION AND FUTURE ACTIONS On May 15, 2024, the Development Review Committee (DRC) determined the application was sufficient for continued review and recommended approval with conditions. On June 3, 2024, the Planning Board recommended approval of the subdivision preliminary plat with conditions and code provisions. The Board also support the Applicant’s request to allow basements in homes provided a licensed geotechnical engineer certifies it would be safe and suitable. Code Provision No. 4 reflects both the Applicant’s and Board’s recommendation. SECTION 7 – STAFF ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis in this report is a summary of the completed review. Docusign Envelope ID: 617C13B3-FB27-4A88-8566-01417C605AEE 57342 City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072 Page 19 of 37 Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC. In considering applications for subdivision approval under this title, the advisory boards and City Commission shall consider the following: 1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and Platting Act The preliminary plat was prepared in accordance with the surveying and monumentation requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered in the State of Montana. The final plat must comply with State statute, Administrative Rules of Montana, and the Bozeman Municipal Code. 2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act The final plat must comply with the standards identified and referenced in the Bozeman Municipal Code. The subdivider is advised that unmet code provisions, or code provisions not specifically listed as a condition of approval, do not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. Sections 3 and 4 of this report identify conditions and code provisions necessary to meet all municipal standards. The listed code requirements address necessary documentation and compliance with standards. Therefore, upon satisfaction of all conditions and code corrections, the subdivision will comply with the subdivision regulations. 3) Compliance with the local subdivision review procedures provided for in Part 6 of the Montana Subdivision and Platting Act Based on the recommendation of the Development Review Committee (DRC), the Planning Board, and other applicable review agencies, as well as any public testimony received on the matter, the City Commission will make the final decision on the conditional approval of the Preliminary Plat. The subdivider requested review of this subdivision under the terms of 76-3-623/MCA as authorized in 38.240.100, seeking expedited review in 35 working days after the application is deemed complete (sufficiency). The Department of Community Development received a preliminary plat application on April 4, 2023. The DRC reviewed the preliminary plat application and determined the submittal did not contain detailed, supporting information that was sufficient to allow for the continued review of the proposed subdivision. In fact, the lot sizes are not permitted in the underlying R-1 zoning district. Subsequently, the Applicant applied for a rezoning of the property to an R-2 designation for the residential lots and to PLI designation for the Block 10 parkland Lot 2A, Project 23047. On April 23, 2024, the rezoning Ordinance No. 2159 was provisionally approved by the City Commission, and on May 7, 2024 the Commission granted final adoption of the rezoning and it Docusign Envelope ID: 617C13B3-FB27-4A88-8566-01417C605AEE 58343 City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072 Page 20 of 37 became effective on June 7, 2024. Therefore, this subdivision will be in compliance with the R-2 zoning with regard to lot size and densities on June 7, 2024. A revised subdivision application was received on September 1, 2023, November 28, 2023, January 20, 2024, March 20, 2024 and May 15, 2024. The DRC determined the application was adequate for continued review on May 15, 2024 and recommended conditions of approval and code corrections for the staff report. Public Notice. The Applicant posted public notice on the subject property on May 10, 2024 and on that date sent the public notice to landowners of record within 200-feet of the subject property via first class mail. No written public comment had been received on this application as of the writing of this report. Two persons commented on the proposal at the June 3, 2024, Planning Board Meeting and their comments are noted in Appendix B of this report, page 31. On June 6, 2024, this major subdivision staff report was completed and forwarded with a DRC and Planning Board recommendation of conditional approval for consideration to the City Commission. 4) Compliance with Chapter 38, BMC and other relevant regulations The DRC reviewed all of the preliminary plat submittals against all applicable regulations of the Bozeman Municipal Code (BMC) and the application complies with the BMC and all other relevant regulations with the conditions and code corrections noted in Sections 3 and 4. This report includes Conditions of Approval and required code provisions as recommended by the DRC for consideration by the City Commission to complete the application processing for final plat approval. All municipal water and sewer facilities will conform to the regulations outlined by the Montana Department of Environmental Quality and the requirements of the Design Standards and Specifications Policy and the City of Bozeman Modifications to Montana Public Works Standard Specifications. 5) The provision of easements to and within the subdivision for the location and installation of any necessary utilities The final plat will provide and depict all necessary utilities and required utility easements as noted in Code Requirement No.1 which requires all easements, existing and proposed, to be accurately depicted and addressed on the final plat and in the final plat application. Public utilities are located within dedicated street right of ways. Docusign Envelope ID: 617C13B3-FB27-4A88-8566-01417C605AEE 59344 City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072 Page 21 of 37 6) The provision of legal and physical access to each parcel within the subdivision and the notation of that access on the applicable plat and any instrument transferring the parcel The final plat will provide legal and physical access to each lot within the subdivision. All of the proposed lots will have frontage on public streets constructed to City standards with lot frontage meeting minimum standards shown on the preliminary plat. However, access to lots fronting on South 11th Avenue and West Graf Street will have a 1-foot no access easement noted and shown on the final plat. This is to ensure that driveway access to those alley-loaded lots is provided from the alley and not from the South 11th Avenue or W. Graf Street frontages which are designated as collector streets. The existing bike lane on S. 11th Avenue within the street right-of-way (ROW) will be provided by a ten-foot wide sidewalk along both of those frontages. On-street parking will be permitted on South 11th Avenue with the Applicant removing the bike lane and restriping the street to allow for on-street parking adjacent to the residential lots (see Condition of Approval No. 2). 38.220.060. Documentation of compliance with adopted standards The DRC completed a subdivision pre-application plan review on November 9, 2022 and no variances were requested at that time. The DRC is recommending conditional-approval of the current, revised application with the conditions and code provisions noted above in Sections 3 and 4. Staff offers the following summary comments on the documents required with Article 38.220.060, BMC, Compliance with Adopted Standards. 38.220.060.A.1 – Surface water. There is one unnamed irrigation ditch lateral that flows through the subject property. This lateral starts from the Alder Creek Subdivision to the south and flows northward underneath W. Graf St. It then flows north by northwest across the subject property (“Site”) to the existing ditch located in the planned alignment of Arnold St north of the Site. In meeting with the owner of water rights in the area, the Middle Creek Ditch Company, it was stated that water has not flown through this lateral for a few years. The downstream water users obtain their water via another ditch to the west, offsite of the subject property. There are no wetlands on this Site. 38.220.060.A.2 – Floodplains. The Site is located within the FEMA Panel 30031C0818E. The majority of the Site lies within Zone X, which is the designation used for areas where there minimal flood hazards. 38.220.060.A.3 – Groundwater. Groundwater monitoring wells were drilled on site in December of 2022 to monitor the groundwater throughout the 2023 high-water season. In December of 2022 the groundwater depth across the Site was approximately 13.5 feet. Spring groundwater levels are much higher and, therefore, basements are not allowed within buildings Docusign Envelope ID: 617C13B3-FB27-4A88-8566-01417C605AEE 60345 City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072 Page 22 of 37 within this Site except if, on a case-by-case basis, a licensed geotechnical engineer certifies that the basements will be safe and suitable for the lot, flooding of the basement will not occur, as noted in Code Provision No. 4. In no case will sump pumps be allowed, nor floodwaters allowed to be discharged to the street which can overburden the City’s stormwater capacity. 38.220.060.A.4 - Geology, Soils and Slopes. a. Geologic hazards. There are no known geologic hazards, areas of instability, or unusual soil, topographic or geologic conditions present on site. The site topography slopes at a 1.5% in a northeasterly direction. b. Protective measures. As aforementioned, there are no known geologic hazards, areas of instability, or unusual soil, topographic or geologic conditions present on site. Therefore, no additional protective measures are proposed to prevent, or material lessen the danger of future property damage or injury due to any of the hazards. c. Unusual features. There are no unusual features on site. There are no unusual soils, topographic or geologic conditions on the property, which will limit the capability for building or excavation using ordinary reasonable construction techniques. There is no known presence of the following on site: shallow bedrock, high water table, unstable or expansive soil conditions, and slope. The site topography slopes at a 1.5% in a northeasterly direction. d. Soils map. The NRCS soils map overlaid with the subdivision shows that the majority of the Allison Subdivision Phase IV contains 350B soils. e. Cuts and fills. Proposed road and lot grades will not exceed 3-percent and slope work will not exceed a 4:1 horizontal to vertical ratio. Cuts/fills required during construction will be minor and will be less than three feet deep. A Storm Water Pollution Prevention Plan (SWPPP) will be required to be approved before any construction begins. The SWPPP will contain Best Management Practices (BMPs) that will be required to be implemented during construction that will manage sediment and minimize erosion during construction. The SWPPP will also require revegetation. 38.220.060.A.5 – Vegetation. The current site is an undeveloped tract historically used for agriculture. Native vegetation is mainly reed grass, tufted hairgrass, prairie cordgrass, sedges and shrubs. The Site is a stubble field and there are no steep areas, unstable slopes, or vegetation on soils highly susceptible to wind or water erosion 38.220.060.A.6 – Wildlife. The Department of Fish, Wildlife & Parks (FWP) has evaluated the site and does not have any fish and wildlife concerns at this time. It is noted that a small herd of Docusign Envelope ID: 617C13B3-FB27-4A88-8566-01417C605AEE 61346 City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072 Page 23 of 37 “neighborhood” wild but “habituated” deer are frequently observed feeding upon the Site and area throughout the year. During construction a stormwater pollution prevention plan (SWPPP) will be required to be issued and implemented to prevent unclean stormwater runoff during construction to enter the waterway. Because this area has historically been used for agriculture, it has not been a vital habitat for wild animals. All land included in streets, avenues, alleys, and public parks will be donated to the City of Bozeman for public use and enjoyment. The subdivision does not interfere with public access to any existing public areas. The Covenants, Conditions and Restrictions (CC&R) document provides for the maintenance of streets, open space lots and the Park lot by the Homeowners’ Association (HOA) as does the Certificate of Dedication signature block on Sheet 1 of the Preliminary Plat which will be carried forward to the final plat. a. Species. Describe species of fish and wildlife which use the area affected by the proposed subdivision. The area has historically been used as agricultural land and therefore is not a significant habitat for wildlife. The occasional deer and birds have been spotted on site. b. Critical areas. Identify on a plat overlay or sketch map of the proposed subdivision any known critical, significant or "key" wildlife areas, such as big game winter range, waterfowl nesting areas, habitat for rare or endangered species or wetlands. As aforementioned, the land has historically been used as agricultural land and is currently a stubble field. No known critical, significant, or “key” wildlife areas are known to exist on site. Therefore, no plat overlay is included here because there are no such wildlife areas on site. c. Pets/human activity. Describe the expected effects of pets and human activity on wildlife. The subdivision will be subject to the City of Bozeman animal control laws that require licensing of pets and leashes on dogs. d. Public access. Describe the effects on public access to public lands, trails, hunting or fishing areas. This site has no public access to public lands or hunting and fishing areas. e. Protective measures. Describe any proposed measures to protect or enhance wildlife habitat or to minimize degradation (e.g., keeping building and streets back from shorelines, setting aside marshland as undeveloped open space). As aforementioned, no significant wildlife areas exist on site. Montana Fish, Wildlife & Parks states that they do not have any fish and wildlife concerns. 38.220.060.A.7 – Agriculture. a. Number of acres in production and type of production. Docusign Envelope ID: 617C13B3-FB27-4A88-8566-01417C605AEE 62347 City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072 Page 24 of 37 The majority of the property is, and has been, in hay production (approximately 20 acres). b. Agricultural operations in the vicinity, and other uses of land in the general vicinity. The surrounding area to the north, east, and south is residential development. The area to the west has been used for hay production in past years. c. The productivity of the land. The land has been productive for hay production. According to the NRCS Soils Map, the majority of the site consists of Blackmore silt loam, which is considered prime for farmland. d. Whether or not the property is part of a viable farm unit, and whether the property was under production during the last regular season. The property is not part of a viable farm unit. The property has been leased for agricultural development, but the owners plan to develop it for residential use now and into the future. The site is surrounded on two sides with residential development. e. What measures will be taken, if any, to control family pets. All pets will be required to be constrained to home lots, or if on shared open space animals must be kept on a leash per the City of Bozeman requirements. The covenants and restrictions address controlling family pets. f. Fencing of agricultural land. No known fence lines around the subdivision boundary exist that protect agricultural lands under an ownership other than that of the developer. 38.220.060.A.8 - Agricultural Water User Facilities. The Site is and was previously used for the production of hay. Other land in the vicinity is used for production of hay and for residential and commercial purposes. An existing irrigation lateral ditch starts from the Alder Creek Subdivision to the south and flows northward through the Site. This lateral starts on the southside of the subject property and extends north by northwest across the west boundary then west on the adjacent property. Peg Easton, who is the president of the Middle Creek Ditch Company and owns the water shares to the ditch lateral, was first contacted via email on 07/25/23 with questions pertaining to the ditch. A notice was sent out on 10/24/23 showing the Applicant’s intent to reroute the ditch on the subject property. Ms. Easton is the lateral ditch person approving the realignment of the north end of this ditch to go around the proposed Jarrett Subdivision parkland area and back into the existing ditch on the north side of the park Block 10, Lot 2A. This new alignment is generally consistent with the existing flow and will not impact any downstream users. The north ditch is Docusign Envelope ID: 617C13B3-FB27-4A88-8566-01417C605AEE 63348 City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072 Page 25 of 37 currently located in the planned alignment of Arnold St which is being designed by Stahly Engineering. All impacted ditches still in use will be piped to allow for continued conveyance of water rights to downstream users. The alignments of the piped ditches will be generally consistent with the existing flow line of the ditch. If any realignment is determined to be necessary, it will comply with all relevant requirements of State law. 38.220.060.A.9 - Water and Sewer. New water and sewer infrastructure will be installed on site to serve the development’s residents. The sewer and water mains will provide service to the residents of Jarrett Subdivision and are designed to tie into and supply future phases. The sewer mains will connect to the existing City of Bozeman system in Arnold Street and S. 11th Avenue. The water mains will be looped and connect to the existing City of Bozeman system in Arnold Street, South 11th Avenue, and Graf Street. a. Water rights. Sec. 38.410.130 - Water Adequacy. Subject to subsections B and C, prior to final approval by the review authority of development occurring under this chapter or chapter 10, the Applicant must offset the entire estimated increase in annual municipal water demand attributable to the development, pursuant to subsection D. Per Code Requirement No. 12, payment-in-lieu of water rights must be made for the lots prior to final plat approval. Per Code Requirement No. 12, cash-in-lieu of water rights (CILWR) are proposed to be paid prior to final plat approval. However, compliance with subsection C.2 is deferred for the Blocks 7, 8 and 9 until the occurrence of future development, provided the Applicant records a notice of restriction on future development in a form acceptable to the review authority with the Gallatin County Clerk and Recorder: Individual lots of a subdivision final plat planned for future multiple- household development. Per Code Provision 12.d, a note must be included in the conditions of approval sheet indicating the Blocks and Lots which will require future payment of cash-in-lieu of water rights upon future development. 38.220.060.A.10 - Stormwater Management. The Site is currently undeveloped. Stormwater management within the subdivision will be accomplished with the combination of surface/gutter flow, pipe conveyance, and detention facilities. Monolithic curb and gutters and valley gutters will be utilized to transfer stormwater to the drain inlets, which will be connected to the closed conveyance piping collection system. The collection system will be designed to convey the 25-year storm event. The location of the curb inlets and piping will be dependent on the final roadway and grading design. The stormwater basins and flow control structures will control and meter the discharge of the Docusign Envelope ID: 617C13B3-FB27-4A88-8566-01417C605AEE 64349 City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072 Page 26 of 37 increased flow to the 10-year pre-development flows and will help remove solids, silt, oils grease and other pollutants from the stormwater. Stormwater Detention Ponds The detention pond on the corner of Arnold Street and Bon Ton Avenue in Allison Subdivision Phase IV was designed with this subdivision in mind. In general, the runoff from this subdivision will drain northeast into the curb inlets on site and be piped across S. 11th Ave to the pond in Allision Subdivision Phase 4A. The stormwater management system was designed and sized per the City of Bozeman Design Standards. Each pond is sized to accommodate more than the required volume, has 4:1 minimum side slope and is 1.5 ft deep maximum with 6" depth of freeboard. The runoff coefficients (C) were determined from Table I-1 of the City of Bozeman Design Standards. Although the property will be both medium and high density residential, the runoff coefficient for high density residential was used for the entire subdivision to be conservative during the early design stage. Detention pond volume calculations are provided in this section. The proposed detention facilities will be maintained by subdivision’s Homeowners Association as noted in the CC&R document as noted in Code Requirement No. 8. Maintenance activities will include periodic inspection, mowing of grasses in the basin and adjacent areas, weed control, removal of trash, and maintenance of the basin flow control structure and outlet piping to ensure the system functions properly. 38.220.060.A.11 - Streets, Roads and Alleys The Site is located within the South 11th Street and Graf Street Payback District boundaries. Per Condition of Approval No. 1, if the subject property did not participate in the original cost of construction of improvements the subject property will be assessed, and must pay, a payback charge prior to final plat approval. Per Condition of Approval No. 2, a 1 foot "No Access" strip shall be placed along the South 11th Avenue and West Graf Street frontages for the full length of the development in order to keep curb cuts and turning movements into driveways off those collector roadways. All lots will meet the minimum lot size and street frontage. Access will be provided to the Subdivision from S 11th Ave, Graf St, and Arnold St. Arnold St will be extended from the existing S 11th Ave at the roundabout to the west. Local streets will extend off these existing roads and loop through the subdivision. S 11th Ave is a collector on the 2017 Bozeman Transportation Plan and Arnold is a hybrid local street with a 70’ ROW, parking and bike lanes. Except Arnold St, all new streets will be constructed as local roadways and will meet at the Docusign Envelope ID: 617C13B3-FB27-4A88-8566-01417C605AEE 65350 City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072 Page 27 of 37 applicable standards. An alley is proposed in the subdivision to separate the lots in Block 1 and Block 6. The proposed alley is 30’ wide, with a 20’ wide asphaltic concrete drive and 5’ wide shoulders on each side. Attached are typical roadway sections. All construction activities in the area will be required to have adequate dust control and erosion control practices based on City and MDEQ standards. Temporary erosion control will also be provided at the dead ends of streets between phases of construction. All interior local roads will be constructed by the developer and maintained through construction. Upon acceptance of road improvements, these roads will be maintained by the City of Bozeman. A Traffic Impact Study was prepared for the subdivision and recommends mitigation measures for the subdivision, some of which have been completed such as installing a traffic signal at S 11th Ave. and Kagy Boulevard and constructing S.11th Ave. and W. Graf St. to two-lane urban collector standards. The City of Bozeman has requested that S. 11th Ave be restriped to replace the existing bike lane with street parking and add a left turn lane into the proposed subdivision. The existing 10’ shared use sidewalk along S. 11th Ave will be used for cyclists. A similar 10’ shared use sidewalk will be provided along the W. Graf Street frontage. Street closures and/or traffic control will be used during the restriping of S. 11th Ave. 38.220.060.A.12 – Non-Municipal Utilities. Northwestern Energy has been notified that electricity and natural gas service will need to be provided to the subdivision and has confirmed that they can provide service, as seen in the attached letter. It has been requested from Northwestern to work concurrently and in cooperation with other utilities and services, including telephone, internet, and cable TV providers to provide for their respective infrastructure in joint utility trenches. Gas, electricity, and information utilities will be phased and will be installed after completion of roads but prior to construction of dwellings. All utilities will be located underground and per the City of Bozeman Standards. 38.220.060.A.13 - Land Use. The Site is currently being used for agriculture—the growing of hay. The property was recently (June 7, 2024) rezoned from R-1, Residential Low-Density District to both R-2, Residential Moderate-density and PLI, Public Lands and Institutions Districts. The developer wishes to subdivide the 45.83 acre Site into 110 residential lots, 3 unbuildable/restricted development lots, 2 open space lots, one 7.521 acre park lot and streets and rights-of-way. The R-2 zoning allows Single-Household, Two-Household and Townhouse/Rowhouse residential dwellings within the subdivision. Most of the 3,000 square foot lots within this subdivision will be built with townhomes. The larger 5,000 to 7,000 sf lots may Docusign Envelope ID: 617C13B3-FB27-4A88-8566-01417C605AEE 66351 City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072 Page 28 of 37 be built with single-household, detached homes. The 3 restricted lots will need further subdivision into smaller lots or, if to be developed as one lot, would need site plan review and approval. 38.220.060.A.14 - Parks and Recreation Facilities The 7.521 acre Block 10, Lot 2A has a 6.75-acre “Public Park Easement” that will be used as a park to serve this subdivision as well as future phases of the Allison Subdivision. This public park easement will be called the BonTon Park. A Park Master Plan is included in this application. The maintenance of the park, including weed control, garbage collection, snow removal, leaf removal, and irrigation maintenance will be managed by the City. A detailed park plan will show neighborhood amenities such as an elevated viewing platform, a grill, picnic tables, benches, and doggie stations on the trail; these improvements will be paid for by the subdivider. Because the BonTon Master Park Plan is also being used to satisfy parkland requirements in the adjacent Allison Subdivision, the BonTon Master Park Plan must include linear park parcels, compliant with section 38.420.110, to accommodate the Gallagator Trail Connections at the far east of Allison Subdivision as noted in Code Provision Numbers 10 and 11. The master park plan must be revised to include this information: Future development of Allison Subdivision will require the inclusion and construction of the Gallagator Trail through the property. Calculations for improvements-in-lieu value may need to be adjusted based on inclusion of the Gallagator. Please note that parkland credit provided to future phases of Allison Subdivision by Jarrett Subdivision and its associated park master plan, do not preclude the requirement for future phases of Allison Subdivision to include and construct the Gallagator Trail corridor. The Gallagator Trail is considered a joint Transportation/Recreation facility and as a Transportation Facility and major anchor route, and per Sec. 38.220.040.A.14.(a).(13)., will be required to be constructed when future phases of Allison Subdivision propose development, regardless of parkland credits provided by Jarrett Subdivision and associated park master plan. Parks will need a legal agreement with the property owner adjacent to the Gallagator Trail to ensure a proper easement width will be acquired when that section of Allison Subdivision develops. The requirement for the Gallagator Trial easement is in addition to any parkland dedicated with Jarrett Subdivision. The availability of parkland credits at the time of future Allison Subdivision development does not release the requirement for future phases of Allison Subdivision to provide the required trail easement for the Gallagator Trail. Parks will provide the proposed legal agreement. Docusign Envelope ID: 617C13B3-FB27-4A88-8566-01417C605AEE 67352 City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072 Page 29 of 37 38.220.060.A.15 - Neighborhood Center Plan The proposed parkland on Block 10 will serve as the Jarrett Subdivision neighborhood center. 38.220.060.A.16 - Lighting Plan. A Lighting Plan for Jarrett Subdivision conducted by Royal Engineering is provided in this submittal. 38.220.060.A.17 – Miscellaneous. There are no public lands within 200’ of the proposed subdivision. There are no known potential hazards such as mining activity, potential subsidence, high pressure gas lines, dilapidated structures, or high voltage power lines located within the proposed subdivision. The Site is not located in the wildlands-urban interface per the Gallatin County Wildlife Urban Interface Areas and Fire District map. 38.220.060.A.18 - Affordable Housing. There are no subsidized housing units proposed for this development nor are there any BMC affordable housing incentives proposed to be used. 38.220.060.A.19 – Adopted Growth Policy: See Appendix A below. SECTION 8 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS A. PURSUANT to Chapter 38, Article 3, BMC, and other applicable sections of Chapter 38, BMC, public notice was given, opportunity to submit comment was provided to affected parties, and a review of the preliminary plat described in these findings of fact was conducted. B. The purposes of the preliminary plat review were to consider all relevant evidence relating to public health, safety, welfare, and the other purposes of Chapter 38, BMC; to evaluate the proposal against the criteria and standards of Chapter 38 BMC, BMC; and to determine whether the plat should be approved, conditionally approved, or denied. C. The matter of the preliminary plat application was considered by the City Commission at a public hearing on June 18, 2024 at which time the Department of Community Development Staff reviewed the project, submitted and summarized recommended conditions of approval, and summarized the public comment submitted to the City prior to the public hearing. D. The Applicant acknowledged understanding and agreement with the recommended conditions of approval, code provisions. E. The City Commission requested public comment at the public hearing on June 28, 2024 and two persons offered comment as summarized below in Appendix B. F. It appeared to the City Commission that all parties and the public wishing to examine the proposed preliminary plat and offer comment were given the opportunity to do so. After receiving the recommendation of the relevant advisory bodies established by Article 38.210, BMC, and considering all matters of record presented with the application and during the public comment Docusign Envelope ID: 617C13B3-FB27-4A88-8566-01417C605AEE 68353 City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072 Page 30 of 37 period defined by Chapter 38, BMC, the City Commission has found that the proposed preliminary plat would comply with the requirements of the Bozeman Municipal Code if certain conditions were imposed. Therefore, being fully advised of all matters having come before her regarding this application, the City Commission makes the following decision. G. The preliminary plat has been found to meet the criteria of Chapter 38, BMC, and is therefore approved, subject to the conditions listed in Section 3 of this report and the correction of any elements not in conformance with the standards of the Chapter including those identified in Section 4 of this report. The evidence contained in the submittal materials, advisory body review, public testimony, and this report, justify the conditions imposed on this development to ensure that the final site plan and subsequent construction complies with all applicable regulations, and all applicable criteria of Chapter 38, BMC. H. This City Commission order may be appealed by bringing an action in the Eighteenth District Court of Gallatin County, within 30 days after the adoption of this document by the City Commission, by following the procedures of Section 76-3-625, MCA. The preliminary approval of this subdivision shall be effective for three (3) years from the date of the signed Findings of Fact and Order approval. At the end of this period the City may, at the request of the subdivider, grant an extension to its approval for a period of mutually agreed upon time. DATED this ________ day of _____________________, 2024 BOZEMAN CITY COMMISSION _________________________________ TERENCE CUNNINGHAM Mayor ATTEST: _______________________________ Mike Maas City Clerk APPROVED AS TO FORM: Docusign Envelope ID: 617C13B3-FB27-4A88-8566-01417C605AEE July16th 69354 City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072 Page 31 of 37 _________________________________ GREG SULLIVAN City Attorney Docusign Envelope ID: 617C13B3-FB27-4A88-8566-01417C605AEE 70355 City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072 Page 32 of 37 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property was recently rezoned from R-1 to R-2, Residential Moderate Density District. The intent of the R-2 residential moderate density district is to provide for the development of one- to two-household or townhome residential structures at urban densities within the City. Urban densities are not specifically defined in the UDC but in 38.300.100, the intent and purpose of all residential and mixed use zones urge this compact development. The Community Plan policies also urge urban densities, compact development and inf-fill development where municipal services are already accessible. Adopted Growth Policy Designation: The subject property is designated “Urban Neighborhood” on the City’s Future Land Use Map (FLUM). Table 4 of the Bozeman Community Plan 2020 shows the correlation between the Urban Neighborhood future land use map designation and implementing zoning districts. (See below for the Table). This category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged. In limited instances, an area may develop at a lower gross density due to site constraints and/or natural features such as floodplains or steep slopes. Complementary uses such as parks, home-based occupations, fire stations, churches, schools, and some neighborhood-serving commerce provide activity centers for community gathering and services. The Urban Neighborhood designation indicates that development is expected to occur within municipal boundaries. This may require annexation prior to development. The FLUM allows the low-density R-1 Districts as well as the moderate-density R-2 Districts. This proposed subdivision would provide one hundred and ten (110) 3,000 to 5,500 square foot (sf) sized lots for townhomes. The Site is flat without habitat encumbrances such as wetlands or floodplains. There is an agricultural irrigation ditch on the Site that will be removed and piped to allow for continued conveyance of water rights to downstream users. The alignments of the piped ditches will be generally consistent with the existing flow line of the ditch. If any realignment is determined to be necessary, it will comply with all relevant requirements of State law. As such, the presence of the irrigation ditch will not impair an urban scale and density of the Site. The R-2 Docusign Envelope ID: 617C13B3-FB27-4A88-8566-01417C605AEE 71356 City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072 Page 33 of 37 zoning only allows single-household, duplex or townhome/rowhouse development on the Site which is similar to adjacent built subdivisions but dissimilar to the more urban apartment complex developments currently under construction in the area. The Urban Neighborhood growth policy encourages development to be walkable, which is defined in the glossary as: Walkable. A walkable area has: • A center, whether it’s a main street or a public space. • People: Enough people for businesses to flourish and for public transit to run frequently. • Parks and public space: Functional and pleasant public places to gather and play. • Pedestrian design: Buildings are close to the street; parking lots are relegated to the back. • Schools and workplaces: Close enough that walking to and from home to these destinations is realistic. • Complete streets: Streets designed for bicyclists, pedestrians, and transit. The Site has a Block Frontage designation of “Landscape” which facilitates homes with entrances facing the street . Block 1 of Phase I and Block 6 of Phase II of the subdivision features lots with alley access. This would facilitate the development of garages facing the alley which decreases the number of curb cuts and driveways facing the street resulting in safer and more convenient pedestrian and bicycle travel on the street. It also facilitates the “pedestrian design” of each of the street-facing townhouses providing a porch, entry door and windows to make an attractive streetscape and a human scale, walkable neighborhood. The subdivision provides a 75 acre park at the northwest corner of the Site. This will be designed and built to serve as the neighborhood center for this subdivision. The park will also be designed to connect with open space and parkland on adjacent lands to the north when that land is developed from farmland to housing. The site is surrounded by urban-scale apartment complexes planned or under construction. The residential neighborhoods to the north are interspersed with pockets of personal service commercial establishments. Around 900 new dwelling units are under construction in the vicinity; most at urban densities in R-4, residential high density and REMU, residential emphasis mixed use zoning districts. Transit. Although the closest bus stop lies about one and a half miles north of the Site at College and S. 13th Avenue. It is anticipated that the Streamline bus service will respond to this new population and potential transit demand within the next few years. Therefore, it is not surprising that, at this time, the Site has a walk score of zero for transit. All trips are dependent upon a vehicle Docusign Envelope ID: 617C13B3-FB27-4A88-8566-01417C605AEE 72357 City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072 Page 34 of 37 or a bicycle. The Site is deemed by the private Walk Score algorithm to be somewhat bikeable (outside of snow months). The City conducts extensive planning for municipal transportation, water, sewer, parks, and other facilities and services provided by the City. The adopted plans allow the City to consider existing conditions and identify enhancements needed to provide additional service needed by new development. The City implements these plans through its capital improvements program that identifies individual projects, project construction scheduling, and financing of construction. The subject properties are within the City’s land use, transportation, parks, and utility planning areas. The 2025 to 2049 Capital Improvement Plan shows transportation system expansion projects on Kagy Blvd and Stucky Road that will improve all mode transportation system capacity in the area. Development consistent with City standards will improve connectivity of sidewalks to adjacent residential and commercial districts. About a half-mile north of the Site along S. 11th Avenue is a Deli and Market and another half-mile north along S. 11th is a Town and Country grocery store with some other local shops and restaurants on S. 11th Avenue and College Avenue. All of which are generally walkable and bikeable. There are many college students walking and biking about in the area. Any future development of the property will be required to conform to City standards for setbacks, height, lot coverage, and buffering. The City’s transportation plan is used to evaluate transportation needs over the long term throughout the City and will evaluate impacts of motorized vehicles along with bikes and pedestrians. The parks and trail plans also examine and specify options for extensions of the existing trail network through this site. Development review of individual lots within the subdivision will ensure that development under the new R-2 zoning will comply with the City’s standards for the provision of onsite parking, circulation and open space. The Homeowners Association (HOA) for the subdivision will maintain the two open space lots, landscaping and stormwater manage facilities. The City will maintain the new BonTon Park after the subdivider constructs the park and amenities. Eventually, there will be public streets fronting the park on all sides. Relevant Community Plan Growth Policies Addressed by this Subdivision THEME 2 | A CITY OF UNIQUE NEIGHBORHOODS Our City desires to be diverse, healthy, and inclusive, defined by our vibrant neighborhoods, quality housing, walkability, excellent schools, numerous parks and trails, and thriving areas of commerce. Goal N-1: Support well-planned, walkable neighborhoods. N-1.2 Increase required minimum densities in residential districts. Docusign Envelope ID: 617C13B3-FB27-4A88-8566-01417C605AEE 73358 City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072 Page 35 of 37 Staff Comment: The R-2 zone offers slightly higher densities than the R-1 zone in that a duplex housing type is permitted with minimum lot sizes of 2,500 sf. Townhomes and row houses are permitted in the R-2 zone with minimum densities of 3,000 sf of lot area per attached dwelling. N-1.5 Encourage neighborhood focal point development with functions, activities, and facilities that can be sustained over time. Maintain standards for placement of community focal points and services within new development. N-1.9 Ensure multimodal connections between adjacent developments N-1.10 Increase connectivity between parks and neighborhoods through continued trail and sidewalk development. Prioritize closing gaps within the network. N-4.4 Ensure an adequate supply of off leash facilities to meet the demand of Bozeman dog owners. Staff Comment: The BonTon Park will serve as the neighborhood center for this subdivision as shown above in Exhibit 9 and below in Exhibit 9. The multi-modal connections to adjacent developments are shown in Exhibit 9. The east-west connection to the mixed use development to the west and to S. 19the Avenue will be provided in later phases when Lot 1/Block 7, one of the restricted lots, is developed. Exhibit 9: BonTon Park connection to the future Gallagator Trail Linear Park Staff Comment: The Parks and Recreation Department accepts the subdivision Master Park Plan and views the BonTon Park as part of a community park consisting of this BonTon Park and the South University District public park located on the north side of Arnold Street. However, the BonTon Park does not offer dog off lease facilities. Docusign Envelope ID: 617C13B3-FB27-4A88-8566-01417C605AEE 74359 City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072 Page 36 of 37 N-3.7 Support compact neighborhoods, small lot sizes, and small floor plans, especially through mechanisms such as density bonuses. N-3.8 Promote the development of "Missing Middle" housing (side by side or stacked duplex, triplex, live-work, cottage housing, group living, rowhouses/townhouses, etc.) as one of the most critical components of affordable housing. Staff Comment: The R-2 zoning would allow development of duplex and rowhouse/townhouse style housing. The 3,000+ square foot townhouse lots bordering the alley in Block 1 of Phase I and Block 6 of Phase II of the subdivision are intended to offer lower per-unit costs and intended to accommodate smaller and, therefore, lower cost housing. This may be affordable “by design” for missing middle type housing. APPENDIX B – NOTICING AND PUBLIC COMMENT Notice was provided by the Applicant by posting on the property and by first class mail to landowners of adjacent properties at least 15 and not more than 45 days prior to the close of the public comment period/the June 18, 2024 City Commission public hearing per BMC 38.220.420. The Applicant posted public notice on the Site on May 10, 2024 and mailed by first class mail on that same date to landowners of record within 200-feet of the Site. As of the date of this report, no written or phone call comments have been received. However, at the Planning Board meeting of June 3, 2024, two people commented on the project. Their comments are noted below. Allison Sweeney: • Is pleased to see this application that would provide townhomes. Townhomes provides a mix of housing types for the City and for this area. • Loves her basement and supports basements at this subdivision. • Recommends that residential buildings incorporate eaves in the roofline; this moves water away from basements. Kim Green: • Supports development of townhomes and advises that it would be suitable housing for University students in the area. • The proposed Park should be maintained by the City Parks Department and not the subdivision HOA. HOAs are often cash-strapped and may not maintain the park properly. • Supports a shared use trail along the perimeter of the subdivision which links all the parks in the area to the homes. Docusign Envelope ID: 617C13B3-FB27-4A88-8566-01417C605AEE 75360 City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072 Page 37 of 37 At the June 18, 2024 City Commission meeting, one person commented and his comment is summarized below. Mark Egge: • The City Commission should not have to spend their valuable time reviewing subdivision applications as was directed by Senate Bill 382 to be an administrative review and decision process. Rather, the Commission should spend their time on policy decisions. Subdivisions that meet adopted codes should be reviewed administratively by staff. APPENDIX C – OWNER INFORMATION AND REVIEWING STAFF Owner/Applicant: Bon Ton Inc, Eugene Graf, President and Yvonne G. Jarrett Representative: Chris Budeski, Madison Engineering Report By: Susana Montana, Senior Planner FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this subdivision. ATTACHMENT LINKS The application materials are available here and https://weblink.bozeman.net/WebLink/Browse.aspx?startid=274018&cr=1 and in the City’s Laserfiche archive and may be accessed through the Community Development viewer as well. Docusign Envelope ID: 617C13B3-FB27-4A88-8566-01417C605AEE 76361 Memorandum REPORT TO:City Commission FROM:Brian Heaston, Senior Engineer Natalie Meyer, Sustainability Program Manager Shawn Kohtz, Director of Utilities SUBJECT:Authorize the City Manager to Sign a Notice of Award for the Water Reclamation Facility Solar Generation Project as well as Contract Documents Once Received MEETING DATE:August 18, 2026 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a Notice of Award for the Water Reclamation Facility Solar Generation Project as well as Contract Documents Once Received STRATEGIC PLAN:6.3 Climate Action: Reduce community and municipal Greenhouse Gas (GHG) emissions, increase the supply of clean and renewable energy; foster related businesses. BACKGROUND:The City solicited public bids for construction on two separate occasions for the Water Reclamation Facility (WRF) Solar Generation Project (the “Project”). Responsible bids were not received during either attempt (the 1st bid opening was March 5, 2026; the 2nd occurred on May 7, 2026). The City has directly negotiated a construction contract for the Project with OnSite Energy, of which this authorization for Notice of Award is based, at a price of $2,478,514.00. Authority for direct negotiation is provided at Section 18-2- 301(3) Montana Code Annotated (MCA), to wit: 18-2-301(3) MCA: If responsible bids are not received after two attempts, the department or agency may contract for the work in a manner determined to be cost-effective for the state. The City Attorney noted that because the City is a local government of the state and subject to MCA Title 18 Public Contracts, that direct negotiation is a lawful means of contracting for the Project’s work in a cost-effective manner given that responsible bids were not received during either of the two public bidding attempts. OnSite Energy is a Montana-based solar contractor with offices in Bozeman and has a successful history of completing projects of similar scope and scale (large-scale ground-mounted solar array systems, non-export utility 77 interconnection and controls, and integration with existing wastewater facility industrial-scale electrical infrastructure). Notable recent projects completed by OnSite in the past three years include an 820 kW DC system at the GlaxoSmithKline manufacturing facility in Hamilton, MT; and a 545 kW DC system at the City of Missoula wastewater treatment plant. The City’s WRF Project is a 608 kW DC system. Also of note, OnSite was the Design- Builder of the existing NorthWestern Energy owned-and-operated solar array on the WRF property directly west of the Project. Furthermore, OnSite has proven itself to be knowledgeable about federal incentives that are currently available for the Project to reduce its overall net cost. The Project significantly advances the City’s adopted Climate Action Plan goals. The WRF is the City’s single largest power load, accounting for 36% of the overall annual electricity usage of all City-owned facilities over the past year. The first year of Project operations is estimated to offset 5% of all City buildings generated CO2 emissions, 8% of all City electricity use, and 4% of City annual billed power charges. UNRESOLVED ISSUES:The Project is eligible to participate in a sunsetting federal incentive program which provides clean energy investment tax credits (ITC) for solar generation projects. This is a one-time-only opportunity for the City to receive federal cash reimbursement at an amount up to 40% of the total cost of the Project if successfully placed in service by December 31, 2027. City staff estimates the targeted 40% ITC has a value of up to $1.12 million. Staff has worked collaboratively with Onsite Energy and HDR Engineering through the direct contract negotiation process to shape the Project design and costs to best position it to receive reimbursement at the 40% level. To receive the full value of the tax credit, the Project incorporates domestic content materials. Domestic content solar panels require extended lead times. It’s therefore necessary for OnSite Energy to order the domestic content solar panels as soon as possible to receive these materials during the 2027 construction season. The IRS must determine that qualifying criteria set forth in relevant IRS guidance have been met for the Project to receive the targeted 40% ITC. Such determination occurs upon IRS review of an ITC application, which may only be filed after the Project has been completed and placed into service. City staff has studied the ITC program and associated IRS guidance to position the Project to receive reimbursement at the 40% amount. Due to stakes associated with the 40% ITC, together with the nuances and complexities of the IRS guidance, the City intends to engage Eide Bailley, a professional tax accounting firm, to prepare and file the ITC application. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The attached Notice of Award sets forth a total construction price of $2,478,514.00 for the Project. Project funding is provided in the wastewater fund capital improvements plan (CIP) as project ‘WW155 – WRF Solar 78 Arrays’. The current available unobligated balance for the Project is just over $1 million. Budget savings from the recently awarded 'WW134 – East Valley Center Lift Station and Forcemain' project, which came in well under budget, will be reallocated to provide the additional funding needed to keep the WRF Solar Arrays project moving forward. The current estimate for the overall net cost of the Project is $1.7 million after inclusion of the targeted $1.12 million 40% ITC rebate amount. The Project will generate enough power to supply approximately 20-25% of the WRF’s annual power demand. Substantial annual billed power cost savings will result. The Project is projected to be cash flow positive over the course of its 30-year useful life with an overall net present value (NPV) exceeding $500k and a simple return on investment period of less than 15 years. Attachments: Notice of Award_OnSite Energy_WRF Solar.pdf Report compiled on: August 5, 2026 79 HDR Project No. 10438546 City of Bozeman Bozeman WRF Solar Power Generator Project EJCDC C-510 NOTICE OF AWARD 2018 00 51 10 - 1 NOTICE OF AWARD Date of Issuance: August 14, 2026 Owner: City of Bozeman Owner’s Project No.: WW155 Engineer: HDR Engineering Engineer’s Project No.: 10438546 Project: Bozeman WRF Solar Power Generation Project Contract Name: N/A Bidder: Onsite Energy Bidder’s Address: 1515 N. Rouse Ave, Bozeman, MT 59715 You are notified that the Owner has accepted your Price Proposal, presented as a Schedule of Values and transmitted to the Owner by email on July 28, 2026 for the above Contract, and that you are awarded a Contract for: The City of Bozeman WRF Solar Power Generation Project, which includes constructing a complete solar power facility including but not limited to: inverters, PV panels, racking (including design), metering, weather station, data manager (master controller), provide electrical equipment, connections, conduit, wire, ductbanks, and appurtenances, provide no-export controls and shunt trip circuit breaker disconnect, provide all control panels, programming, and integration, provide HMI screens in ignition version 8.1.0. The Contract Price of the awarded Contract is $2,478,514.00. Contract Price is subject to adjustment based on the provisions of the Contract, including but not limited to those governing changes, Unit Price Work, and Work performed on a cost-plus-fee basis, as applicable. Five (5) unexecuted counterparts of the Agreement accompany this Notice of Award, and one copy of the Contract Documents accompanies this Notice of Award or has been transmitted or made available to Bidder electronically. ☐ Drawings will be delivered separately from the other Contract Documents. You must comply with the following conditions precedent within 15 days of the date of receipt of this Notice of Award: 1. Deliver to Owner five (5) counterparts of the Agreement, signed by Contractor. 2. Deliver with the signed Agreement(s) the Contract security (such as required performance and payment bonds) and insurance documentation, as specified in the General Conditions, Articles 2 and 6, as may be modified in the Supplemental Conditions. Failure to comply with these conditions within the time specified may cause Owner to annul this Notice of Award. Within 10 days after you comply with the above conditions, Owner will return to you one fully signed counterpart of the Agreement, together with any additional copies of the Contract Documents as indicated in Paragraph 2.02 of the General Conditions. Owner: City of Bozeman By (signature): Name (printed): Chuck Winn Title: City Manager Copy: Engineer 80 Memorandum REPORT TO:City Commission FROM:Shane Miller, Facilities Project Coordinator David Arnado, Facilities Superintendent Jon Henderson, Assistant City Manager SUBJECT:Authorize the City Manager to Sign a Construction Agreement and First Amendment with High Country Paving, Inc. for City Hall Parking Lot Replacement Project MEETING DATE:August 18, 2026 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a Construction Agreement and First Amendment with High Country Paving, Inc. for City Hall Parking Lot Replacement Project STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Bozeman City Hall was originally constructed in 1981 as the Bozeman Public Library, featuring parking lots on the east and west side of the building. Over time the asphalt in both parking lots has degraded and settled, resulting in cracking, potholes, and standing water. This project is to tear out and replace the parking lots, including preparing the surface for paving by grading and compacting the parking lot base before repaving with 3” hot mix asphalt and restriping the parking lots. A small portion of the parking lot is currently bare road mix, to be replaced with asphalt paving. Several sections of sidewalk, curbs and concrete approaches will be remediated as well. UNRESOLVED ISSUES:None. ALTERNATIVES:As directed by City Commission FISCAL EFFECTS:This contract will incur a fixed cost of $72,682.50 for asphalt work plus $16,596.90 in additional concrete work to be paid from the GF396 - City Hall Parking Lot Replacement capital project budget. Attachments: 2026 Construction Agreement (High Country Paving - City Hall Parking Lot).pdf 2026 Construction Agreement Amendment (High Country Paving - City Hall Parking Lot).pdf 81 Report compiled on: August 5, 2026 82 Construction Agreement for City Hall Parking Lot Repaving FY2027-2028 Page 1 of 19 CONSTRUCTION AGREEMENT This Construction Agreement is made and entered into this 18th day of August, 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, High Country Paving, Inc, hereinafter referred to as “Contractor.” City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the covenants, agreements, representations, and warranties contained herein, the Parties agree as follows: 1. Work to be Performed: a. A description of the work to be performed to City Hall Parking Lot Repaving (the “Construction Project”) and Contractor’s duties is set forth in the Scope of Services, attached as Exhibit A and by this reference made a part of this Agreement. b. Prior to the commencement of any work on Construction Project, Contractor’s representatives and City’s representatives must hold a meeting to establish a working understanding among the Parties as to the scope of Construction Project and duties of Contractor. At this meeting, Contractor and City must resolve any outstanding issues related to the plans, designs, drawings, and specifications. If the Parties are unable to resolve these issues and City fails, refuses, or is unable to approve the same, no work must commence on Construction Project until such issues are resolved and City approves the related plans, designs, drawings, and specifications. c. Except as provided elsewhere in this Agreement, Contractor must furnish all the labor, materials, equipment, tools, and services necessary to perform and complete Construction Project. 83 Construction Agreement for City Hall Parking Lot Repaving FY2027-2028 Page 2 of 19 d. During work on Construction Project, and as part of the final completion of Construction Project, Contractor must clean up the Project site, including the removal and satisfactory disposal of all waste, garbage, excess materials, and equipment, and the performance of any other work necessary to restore the site to at least as good order and condition as at the commencement of Construction Project. 2. City-Supplied Materials: City may supply materials from time to time in furtherance of Construction Project. Such materials will be noted as an addendum to this Agreement. 3. Time of Performance: Contractor must begin Construction Project after receiving a Notice to Proceed from City and must complete Construction Project no later than ___________30 days from construction start___________. Time is of the essence of completion of all work and each phase of Construction Project. 4. Liquidated Damages: If Construction Project is not completed within the time provided by this Agreement, City may deduct for each day Construction Project remains uncompleted the sum of Five Hundred Dollars ($500.00) from the compensation hereinafter specified and retain that sum as payment for liquidated damages sustained by reason of Contractor’s failure to complete Construction Project on time. 5. Compensation: a. City must pay to Contractor, and Contractor must accept as full payment for the performance of this Agreement and Construction Project, the amount of Seventy-Two Thousand Six Hundred and Fifty-Two Dollars and Fifty Cents ($72,682.50). b. Prior to beginning work outside the original Construction Project, both Parties must agree in writing to the additional work and costs (“Change Order”). c. City may retain five percent (5%) of the total amount of compensation to be paid to Contractor to ensure compliance with the terms and conditions of this Agreement and the timely completion of Construction Project and any punch list items (“Retainage Amount”). City must pay the Retainage Amount, if any, to Contractor thirty (30) days after City’s final acceptance of Construction Project. 84 Construction Agreement for City Hall Parking Lot Repaving FY2027-2028 Page 3 of 19 6. Inspection and Testing: a. City has the right to inspect and test any work performed by Contractor on Construction Project. Contractor must allow City and its agents access to Construction Project at all times and must provide access for inspection and testing, including temporarily discontinuing portions of the work or uncovering or removing portions of the work. Any inspection and testing performed by City and its agents is for the sole benefit of City and must not relieve Contractor of its duties, responsibilities, and obligations to ensure the work strictly complies with the Scope of Services and all applicable laws and building and safety codes. City’s inspection and testing is not deemed or considered acceptance by City of any portion of Construction Project. City’s inspection and testing does not serve to nullify, amend, or waive any warranties provided by Contractor under this Agreement. b. Contractor must, without charge, replace any material or correct any work found by City or its agents to be defective or otherwise not in compliance with the terms and conditions of this Agreement. If Contractor fails to replace or correct any defective work or materials after receiving reasonable written notice by City, City may take corrective action. Corrective action may include using City’s own materials and employees or retaining a third Party. City will deduct the cost and expense of the corrective action from Contractor’s compensation. 7. Partial Utilization of Construction Project: City has the right to use or occupy any portion of Construction Project City and Contractor mutually agree is substantially completed. If City takes possession of any portion of Construction Project, this possession is not an acceptance of Construction Project, in whole or in part. Any use by City of Construction Project is not grounds for extensions of any construction deadlines or a change in Contractor’s compensation. Contractor’s warranties runs from the completion of the total Construction Project and not from the date City may take possession of selected portions of Construction Project. 8. Related Work at the Site: Nothing in this Agreement prevents or precludes City, through its employees or by contract with a third Party, from performing work related to the Project not otherwise addressed in the Scope of Services. Such work may not interfere with Contractor’s performance of this Agreement. Contractor must allow access for any City employee, agent or representative, or any third Party under contract with City to perform the work. 9. Contractor’s Representations and Warranties: Contractor represents and warrants as follows: 85 Construction Agreement for City Hall Parking Lot Repaving FY2027-2028 Page 4 of 19 a. Unless otherwise specified by the terms of this Agreement, all materials used by Contractor on Construction Project must be new and of the most suitable grade for their intended uses. b. The quality of services and materials must be of a kind and nature acceptable to City. All services provided to, on, or for Construction Project must be free of defects and nonconformities. c. Contractor’s representation and warranty begins with the commencement of the work on Construction Project and ends one (1) year from the final completion and acceptance by City of Construction Project, regardless of whether such equipment, materials, or labor were supplied by Contractor or by Contractor’s subcontractors or suppliers. Other express warranties for materials that provide for a longer warranty period are not reduced by this provision. When Contractor receives City’s written notice of a defective or nonconforming condition during an applicable warranty period, Contractor must take all actions, including redesign and replacement, to correct the defective or nonconforming condition within a time frame acceptable to City and at no additional cost to City. Contractor must also, at its sole cost, perform any tests required by City to verify that Contractor corrected the defective or nonconforming condition. Contractor warrants the corrective action taken against defective and nonconforming conditions for a period of an additional one (1) year from the date of City’s acceptance of the corrective action. d. Contractor and its sureties are liable for the satisfaction and full performance of all warranties. e. Contractor is responsible for the completion of Construction Project. Contractor, or its duly authorized representative assigned to serve as Construction Project Manager, must be personally present at the site of Construction Project during working hours for the term of this Agreement until the completion of Construction Project. f. Contractor must have a complete, accurate, and up-to-date set of construction plans, drawings, and specifications on site at all times. g. Contractor has examined all available records and made field examinations of the site of Construction Project. Contractor has knowledge of the field conditions to be encountered during Construction Project. Contractor has knowledge of the types and character of equipment necessary for the work, the types of materials needed and the sources of such materials, and the condition of the local labor market. 86 Construction Agreement for City Hall Parking Lot Repaving FY2027-2028 Page 5 of 19 h. Contractor is responsible for the safety of the work and must maintain all lights, guards, signs, temporary passages, or other protections necessary for safety of the site at all times. i. All work must be performed at Contractor’s risk, and Contractor must promptly repair or replace all damage and loss at its sole cost and expense regardless of the reason or cause of the damage or loss. j. Contractor is responsible for any loss or damage to materials, tools, or other articles used or held for use in the completion of performance of Construction Project. k. Contractor’s performance must be without damage or disruption to any other work or property of City or of others and without interference with the operation of existing machinery or equipment, unless otherwise agreed to in writing. l. Title to all work, materials, and equipment covered by any payment of Contractor’s compensation by City, will pass to City at the time of payment, free and clear of all liens and encumbrances. 10. Prevailing Wage Requirements a. Montana Resident Preference. The nature of the work performed, or services provided, under this Contract meets the statutory definition of a "public works contract" in 18- 2-401, MCA. Unless superseded by federal law, Montana law requires that contractors and subcontractors give preference to the employment of Montana residents for any public works contract in excess of $25,000 for construction or non-construction services. Contractor must abide by the requirements set out in 18-2-401 through 18-2-432, MCA, and all administrative rules adopted under these statutes. The Commissioner of the Montana Department of Labor and Industry has established the resident requirements in accordance with 18-2-403 and 18-2-409, MCA. Any and all questions concerning prevailing wage and Montana resident issues should be directed to the Montana Department of Labor and Industry. b. Standard Prevailing Rate of Wages. In addition, unless superseded by federal law, all employees working on a public works contract must be paid prevailing wage rates in accordance with 18-2-401 through 18-2-432, MCA, and all associated administrative rules. 87 Construction Agreement for City Hall Parking Lot Repaving FY2027-2028 Page 6 of 19 Montana law requires that all public works contracts, as defined in 18-2-401, MCA, in which the total cost of the contract is greater than $25,000, contain a provision stating for each job classification the standard prevailing wage rate, including fringe benefits, travel, per diem, and zone pay that Contractors, subcontractors, and employers must pay during the public works contract. Wage rate adjustments for multiyear public works contracts are the sole responsibility of the Contractor and must be done in accordance with 18-2-417, MCA. c. Notice of Wages and Benefits. Furthermore, 18-2-406, MCA, requires that all contractors, subcontractors, and employers who are performing work or providing services under a public works contract post in a prominent and accessible site on the project staging area or work area, no later than the first day of work and continuing for the entire duration of the contract, a legible statement of all wages and fringe benefits to be paid to the employees in compliance with 18-2-423, MCA. d. Wage Rates, Pay Schedule, and Records. 18-2-423, MCA, requires that employees receiving an hourly wage must be paid on a weekly basis. Each contractor, subcontractor, and employer must maintain payroll records in a manner readily capable of being certified for submission under 18-2-423, MCA, for not less than three years after Contractor's, subcontractor's, or employer's completion of work on the public works contract. 11. Delays and Extensions of Time: If Contractor’s performance of this Agreement is prevented or delayed by any unforeseen cause beyond the control of Contractor, including acts or omissions of City, Contractor must, within ten (10) days of the commencement of any such delay, give City written notice thereof. Further, Contractor must, within ten (10) days of the termination of such delay, give City written notice of the total actual duration of the delay. If City is provided with these required notices and if City determines that the cause of the delay was not foreseeable, was beyond the control of Contractor, and was not a result of the fault or negligence of Contractor, then City will determine the total duration of the delay and extend the time for performance of the Agreement accordingly. Unless the delay is caused by the intentional interference of City with Contractor’s performance, Contractor must make no claim for damages or any other claim other than for an extension of time as herein provided by reason of any delays. 12. Suspension: a. City may, by written notice to Contractor and at its convenience for any reason, suspend the performance of all or any portion of the work to be performed on Construction Project (“Notice of Suspension”). The Notice of Suspension must set forth the time of suspension, 88 Construction Agreement for City Hall Parking Lot Repaving FY2027-2028 Page 7 of 19 if then known to City. During the period of suspension, Contractor must use its best efforts to minimize costs associated with the suspension. b. Upon Contractor’s receipt of any Notice of Suspension, unless the notice requires otherwise, Contractor must: (1) immediately discontinue work on the date and to the extent specified in the Notice of Suspension; (2) place no further orders or subcontracts for materials, services, or equipment; (3) promptly make every reasonable effort to obtain suspension upon terms satisfactory to City of all orders, subcontracts, and rental agreements to the extent that they relate to the performance of the work suspended; and (4) continue to protect and maintain the Project, including those portions on which work has been suspended. c. As compensation for the suspended work, Contractor will be reimbursed for the following costs, reasonably incurred, without duplication of any item, and to the extent that such costs directly resulted from the suspension: (1) a standby charge paid during the period of suspension which will be sufficient to compensate Contractor for keeping, to the extent required in the Notice of Suspension, Contractor’s organization and equipment committed to the Project in standby status; (2) all reasonably incurred costs for the demobilization of Contractor’s and subcontractor’s crews and equipment; (3) an equitable amount to reimburse Contractor for the cost to protect and maintain the Project during the period of suspension; and (4) an equitable adjustment in the cost of performing the remaining portion of the work post-suspension if, as a direct result of the suspension, the cost to Contractor of subsequently performing the remaining work on Construction Project has increased or decreased. d. Upon receipt of written notice by City to resume the suspended work (“Notice to Resume Work”), Contractor must immediately resume performance of the suspended work as to the extent required in the Notice to Resume Work. Any claim by Contractor for time or compensation described in Section 11(c) must be made within fifteen (15) days after receipt of the Notice to Resume Work and Contractor must submit a revised Construction Schedule for City’s review and approval. Contractor’s failure to timely make such a claim must result in a waiver of the claim. e. No compensation described in Section 11(c) must be paid and no extension of time to complete Construction Project must be granted if the suspension results from Contractor’s non-compliance with or breach of the terms or requirements of this Agreement. 13. Termination for Contractor’s Fault: 89 Construction Agreement for City Hall Parking Lot Repaving FY2027-2028 Page 8 of 19 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, City may, by written notice, terminate this Agreement and Contractor’s right to proceed with all or any part of Construction Project (“Termination Notice Due to Contractor’s Fault”). City may then take over Construction Project and complete it, either with its own resources or by re-letting the contract to any other third party, and may immediately take possession of and use such materials, appliances, tools, and equipment as may be on the site and which may be necessary for the completion of Construction Project. b. In the event of a termination pursuant to this Section 13, Contractor must be entitled to payment only for those services Contractor actually rendered. In the case of a lump sum or unit price contract, Contractor must not be entitled to any further payment until Construction Project has been completed. Upon completion of Construction Project, if the unpaid balance of Contractor’s compensation exceeds the cost to City of completing the work, including all costs paid to any subcontractors or third Parties retained by City to complete Construction Project and all administrative costs resulting from the termination (“City’s Cost for Completion”), such excess must be paid to Contractor. If City’s Cost for Completion exceeds the unpaid balance of Contractor’s compensation, then Contractor and its sureties must be liable for and must pay the difference, plus interest at the rate applicable to court judgments, to City. c. Any termination provided for by this Section 13 must be in addition to any other remedies to which City may be entitled under the law or at equity. d. In the event of termination under this Section 13, Contractor must, 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. 14. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of City, make it advisable to City to cease work on Construction Project, City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination must be effective in the manner specified in the Notice of Termination for City’s Convenience and must be without prejudice to any claims that City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, Contractor must immediately cease work on Construction 90 Construction Agreement for City Hall Parking Lot Repaving FY2027-2028 Page 9 of 19 Project, discontinue placing orders for materials, supplies, and equipment for Construction Project, and make every reasonable effort to cancel all existing orders or contracts upon terms satisfactory to City. Contractor must do only such work as may be necessary to preserve, protect, and maintain work already completed, in progress, or in transit to the construction site. c. In the event of a termination pursuant to this Section 14, Contractor is entitled to payment only for those services Contractor actually rendered and materials actually purchased or which Contractor has made obligations to purchase on or before the receipt of the Notice of Termination for City’s Convenience, and reasonably incurred costs for demobilization of Contractor’s and any subcontractor’s crews. It is agreed that any materials that City is obligated to purchase from Contractor will remain City’s sole property. d. The compensation described in Section 14(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor must, 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. 15. 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 must be limited to contract damages and Contractor 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 must 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 ten (10) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor must waive all rights to assert such claim. c. Upon acceptance of final payment and for other good and valuable consideration, Contractor must and hereby does release and forever discharge City, its officers, agents, and employees of and from any and all claims, demands, actions, causes of action, obligations, and liabilities of every kind and character whatsoever, in law and in equity, whether now known or in the future discovered, arising from or related to this Agreement or Construction Project that Contractor may have or assert against City, its officers, agents, and employees. 91 Construction Agreement for City Hall Parking Lot Repaving FY2027-2028 Page 10 of 19 16. Representatives and Notices: a. City’s Representative: City’s Representative for the purpose of this Agreement must be Shane Miller, Project Coordinator or such other individual as City must designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission must be directed to City’s Representative and approvals or authorizations must be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents and may receive approvals or authorization from such persons. b. Contractor’s Representative: Contractor’s Representative for the purpose of this Agreement must be Chance Ellis, Estimator or such other individual as Contractor must designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication must 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 must be in writing and must be provided to the Representatives named in this Section. Notices must 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. 17. Locating Underground Facilities: Contractor must be responsible for obtaining and determining the location of any underground facilities, including but not limited to, the location of any pipelines or utility supply, delivery, or service lines in accordance with the provisions of §69-4-501, et seq., Montana Code Annotated (MCA). Contractor must make every effort to avoid damage to underground facilities and must be solely responsible for any damage that may occur. If City personnel assume responsibility for locating any underground facilities, this fact must be noted in writing prior to commencement of such location work. 18. Permits: Contractor must provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of 92 Construction Agreement for City Hall Parking Lot Repaving FY2027-2028 Page 11 of 19 Bozeman business license, and inspections from applicable governmental authorities, pay all fees and charges in connection therewith, and perform all surveys and locations necessary for the timely completion of Construction Project. 19. Ownership of Documents; Indemnification: All plans, designs, drawings, specifications, documents, sample results and data, in whatever medium or format, originated or prepared by or for Contractor in contemplation of, or in the course of, or as a result of this Agreement or work on Construction Project, must be promptly furnished to City (“City Documents and Information”). All City Documents and Information must be the exclusive property of City and must be deemed to be works-for-hire. Contractor hereby assigns all right, title, and interest in and to City Documents and Information, including but not limited to, all copyright and patent rights in and to City Documents and Information. Neither Party grants to the other any express or implied licenses under any patents, copyrights, trademarks, or other intellectual property rights, except to the extent necessary to complete its obligations to the other under this Agreement. 20. Laws and Regulations: Contractor must 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. 21. Nondiscrimination and Equal Pay: Contractor agrees that all hiring by Contractor of persons performing this Agreement must be on the basis of merit and qualifications. Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. 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. Contractor must 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. 93 Construction Agreement for City Hall Parking Lot Repaving FY2027-2028 Page 12 of 19 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 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 must require these nondiscrimination terms of its subcontractors providing services under this Agreement. 22. Generative Artificial Intelligence (AI): City’s representative may, in their discretion, permit or deny Contractor’s use of Generative AI. If Contractor is permitted to use Generative AI, Contractor agrees to review any work created by Generative AI for accuracy, bias, and copyright infringement. Contractor agrees it will never submit any confidential or personal identifiable information acquired through this Agreement into a Generative AI system. For the purposes of this section, Generative AI is defined as a deep learning model that can generate high quality content such as stories or writings, images, voice replication and music. 23. Intoxicants; DOT Drug and Alcohol Regulations: Contractor must not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, upon the site of Construction Project. Contractor acknowledges it is aware of and must 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 must have the right to request proof of such compliance and Contractor must be obligated to furnish such proof. Contractor must be responsible for instructing and training Contractor's employees and agents in proper and specified work methods and procedures. Contractor must provide continuous inspection and supervision of the work performed. Contractor is responsible for instructing its employees and agents in safe work practices. 24. Labor Relations: a. In the event that, during the term of this Agreement and throughout the course of Contractor’s performance of Construction Project, any labor problems or disputes of any type arise or materialize which in turn cause any work on Construction Project 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 must take to resume work on Construction Project must be left to the discretion of Contractor; provided, however, that Contractor must bear all costs of 94 Construction Agreement for City Hall Parking Lot Repaving FY2027-2028 Page 13 of 19 any related legal action. Contractor must provide immediate relief to City so as to permit the work on Construction Project to resume and be completed within the time frames set forth in the Construction Schedule at no additional cost to City. b. In addition to Contractor’s indemnification obligations under paragraph 29(a) of this Agreement, Contractor must indemnify, defend, and hold 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. The provisions of paragraph 28(b) – (g) apply to this subsection. 25. Subcontractors: a. Contractor may employ subcontractors for any work on Construction Project. Contractor must provide City with a list of all subcontractors employed. b. Contractor remains fully responsible for the acts and omissions of any subcontractor, just as Contractor is for its own acts and omissions, and Contractor must remain fully responsible and liable for the timely completion of Construction Project. c. Contractor is solely liable for any and all payments to subcontractors. Contractor must hold all payments received from City in trust for the benefit of subcontractors, and all such payments must be used to satisfy obligations of Construction Project before being used for any other purpose. Contractor must make any payments due to any subcontractor within seven (7) days of Contractor’s receipt of payment, including a proportional part of the retainage Contractor has received from City. In the event of a dispute regarding any subcontractor’s invoice, Contractor must promptly pay the undisputed amount to the subcontractor and notify the subcontractor in writing of the amount in dispute and the reasons for the dispute. Any withholding of payment must comply with the requirements of §28-2-2103, MCA. In the event Contractor is unwilling or unable to make timely and proper payment to any subcontractor, City may elect to withhold any payment otherwise due to Contractor and upon seven (7) days’ written notice to Contractor, may pay subcontractor by direct or joint payment. 26. Indebtedness and Liens: Before City may make any final payment to Contractor, Contractor must furnish City with satisfactory proof that there are no outstanding debts or liens in connection with Construction Project. If Contractor allows any indebtedness to accrue to subcontractors or others during the progress of the work, and fails to pay or discharge the same within five (5) days after demand, then City may either withhold any money due to Contractor 95 Construction Agreement for City Hall Parking Lot Repaving FY2027-2028 Page 14 of 19 until such indebtedness is paid or apply the same towards the discharge of the indebtedness. If any lien or claim is filed or made by any subcontractor, material supplier, or any other person, Contractor must immediately notify City and must cause the same to be discharged of record within thirty (30) days after its filing. 27. Hazard Communication: Contractor must comply with all hazard communication requirements dictated by the Environmental Protection Agency, the Montana Department of Agriculture, OSHA, Hazard Communications Standard, 29 CFR 1910.1200, and applicable City ordinances. Contractor must supply a chemical list, the associated material safety data sheets (MSDS), and other pertinent health exposure data for chemicals that Contractor’s, subcontractor’s or City’s employees may be exposed to while working on City property during the course of Construction Project. One copy of this documentation must be delivered to City to the attention of City’s Representative. This documentation must be delivered before work involving these chemicals may commence. 28. Accounts and Records: During the term of this Agreement and for two (2) years following City’s final acceptance of Construction Project, Contractor must maintain accounts and records related to Construction Project. Upon reasonable notice, City must have the right to inspect all such accounts and records, including but not limited to, Contractor’s records, books, correspondence, instructions, drawings, specifications, field and site notes, receipts, invoices, bills, contracts, or other documents relating to Construction Project. 29. Indemnification; Insurance; Bonds: a. 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 and expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any Party or Parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of Contractor’s agents. b. Such obligations must not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this 96 Construction Agreement for City Hall Parking Lot Repaving FY2027-2028 Page 15 of 19 Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the indemnitee(s) which would otherwise exist as to such indemnitee(s). c. Contractor’s indemnity under this Section must be without regard to and without any right to contribution from any insurance maintained by the City. d. Should the City be required to bring an action against Contractor to assert its right to defense or indemnification under this Agreement or under Contractor’s applicable insurance policies required below the City must 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 Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. e. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. f. 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 [the 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. g. These obligations must survive termination of this Agreement and the services performed hereunder. h. In addition to and independent from the above, Contractor must 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 Contractor in this Section. The insurance coverage must not contain any exclusion for liabilities specifically assumed by Contractor in subsection (a) of this Section. The insurance must 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 must furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as shown below: 97 Construction Agreement for City Hall Parking Lot Repaving FY2027-2028 Page 16 of 19 Workers’ Compensation – not less than statutory limits; 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; Products and Completed Operations – $1,000,000; Automobile Liability - $1,000,000 property damage/bodily injury; $2,000,000 annual aggregate (all owned, hired, non-owned vehicles); Builder’s Risk/Property Insurance at least as broad as that provided by the ISO special causes of loss form (CP10 30) naming at a minimum the City in an amount equal to greater of Contractor’s compensation or full replacement value of the work (covering at a minimum all work, buildings, materials and equipment, whether on site or in transit, loss due to fire, lightening, theft, vandalism, malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of laws, water damage, flood if site within a flood plain, repair or replacement costs, testing and start-up costs) on an all risk coverage basis. This insurance must include waivers of subrogation between the City and Contractor to the extent that damage to Construction Project or City Hall is covered by other insurance; Owner’s and Contractor’s Protective Liability: one policy designating the City (including its agents, representatives, employees, and officers) as the insured and another independent policy designated the City’s Representative (including its consultants, consultants, agents and employees) as the insured on the declarations with both policies covering: (i) operations performed by Contractor under this Agreement for the City; and (ii) the City’s and the City’s Representatives acts or omissions, including negligent acts, in connection with its general supervision of the work of Contractor’s and its subcontractors - $1,000,000 per occurrence; $2,000,000 aggregate; Contractual Liability Insurance (covering Contractor’s indemnity obligations described in this Agreement) - $1,000,000 per occurrence $2,000,000 aggregate The amounts of insurance provided must be exclusive of defense costs. The City of Bozeman must be endorsed as an additional or named insured on a primary non-contributory basis on both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to the City and must include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor must notify the 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. 98 Construction Agreement for City Hall Parking Lot Repaving FY2027-2028 Page 17 of 19 The City must approve all insurance coverage and endorsements prior to Contractor commencing work. i. Pursuant to the City’s authority provided for in 18-2-201(4) MCA, Contractor may not be required to provide bonds as required by 18-2-201(1) MCA under this Agreement. 30. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. Contractor understands that all contractors or subcontractors working on a publicly funded project must comply with 15-50-101 through 15-50- 311, MCA. 31. Dispute Resolution: a. Any claim, controversy, or dispute between the Parties, their agents, employees, or representatives must 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 must be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 32. Survival: Contractor’s indemnification and warranty obligations must survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 33. 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. 34. Waiver: A waiver by City of any default or breach by Contractor of any covenants, terms, or conditions of this Agreement does not limit City’s right to enforce such covenants, terms, or conditions or to pursue City’s rights in the event of any subsequent default or breach. 35. 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 99 Construction Agreement for City Hall Parking Lot Repaving FY2027-2028 Page 18 of 19 notice required herein, then the prevailing Party or the Party giving notice must be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including City Attorney’s Office staff. 36. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof must continue in effect. 37. Applicable Law: The Parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 38. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the Parties. 39. Amendments: This Agreement may not be modified, amended, or changed in any respect except by a written document signed by all Parties. 40. 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. 41. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 42. Assignment: Contractor may not assign this Agreement in whole or in part without the prior written consent of City. No assignment will relieve Contractor of its responsibility for the performance of the Agreement and the completion of Construction Project. Contractor may not assign to any third Party other than Contractor’s subcontractors on Construction Project, the right to receive monies due from City without the prior written consent of City. 43. Authority: Each Party represents that it has full power and authority to enter into and perform this Agreement and the person signing this Agreement on behalf of each Party has been properly authorized and empowered to sign this Agreement. 44. Independent Contractor: The Parties agree and acknowledge that in the performance of this Agreement and the completion of Construction Project, Contractor must render services as an independent contractor and not as the agent, representative, subcontractor, or employee of City. The Parties further agree that all individuals and companies 100 Construction Agreement for City Hall Parking Lot Repaving FY2027-2028 Page 19 of 19 retained by Contractor at all times will be considered the agents, employees, or independent contractors of Contractor and at no time will they be the employees, agents, or representatives of City. 45. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the Parties. Covenants or representations not contained therein 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. 46. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, Contractor and City have caused this Agreement to be executed, effective on the date written above, and intend to be legally bound thereby. CITY OF BOZEMAN, MONTANA CONTRACTOR By: _______________________________ By: High Country Paving, Inc. Chuck Winn, City Manager Print Name: Chance Ellis Title: Estimator APPROVED AS TO FORM: By: _______________________________ Greg Sullivan, City Attorney 101 High Country Paving 5200 Thorpe Road Belgrade, M.T. 59714 July 9, 2026 Quote: City of Bozeman P.O. Box 1230 Bozeman, MT 59771 Job Name: Bozeman City Hall Parking Lot Improvements Date of Plans: No Plans The work Performed was as followed: BASE BID Item Description Quantity Units Unit Price Amount 100 Mobilization 2 EA $ 1,000.00 $ 2,000.00 103 Asphalt 3" in depth haul off & disposal 21,350 SF $ 0.75 $ 16,012.50 104 Grading and compact subgrade for drainage for asphalt installation 21,350 SF $ 0.25 $ 5,337.50 106 3" compacted Asphalt Paving (PG58-28) 21,250 SF $ 2.25 $ 48,037.00 107 Parking Lot Striping (Latex paint) - 45 standard parking spaces - 6 additional standard spaces (currently gravel) - 1 EV parking space - 3 handicap parking spaces - 2 handicap unloading spaces 1 LS $ 1,295.00 $ 1,295.05 ORIGINAL TOTAL BASE BID $ 72,682.50 NOTES: Exclusions. Performance & Payment Bond, Permitting, Staking, Flagging, Traffic Control, Dewatering, Rock Excavation, Seeding, Landscaping/Seeding, Site Lighting/Light Poles, Site Electrical/Conduits/Sleeving, Over-Excavation & Replacement of Unsuitable Material Below Plan Elevations. Assumptions/Clarifications: HCP will rely on the information provided by the utility owner, including, but not limited to, information obtained through the Montana 811 notification system, to locate and avoid underground utilities. HCP will not be responsible for damage to any unmarked or improperly marked underground utilities while performing work on the project. 102 001 Amendment to Construction Agreement for City Hall Parking Lot Repaving FY 2027 – FY 2028 Page 1 of 2 FIRST AMENDMENT TO CONSTRUCTION AGREEMENT THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR _High Country Paving, Inc._ dated _August, 18th, 2026_ (the “Agreement”) is made and entered into this _18th_ day of _August_, 2026, 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 _High Country Paving, Inc._, hereinafter referred to as “Contractor.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement as follows: 1. Payment Section 4 of the Agreement is altered to include an additional charge in the amount of $16,596.90 for modifications. Please see Exhibit A. 2. Agreement still valid. All remaining terms and provisions of the Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 103 001 Amendment to Construction Agreement for City Hall Parking Lot Repaving FY 2027 – FY 2028 Page 2 of 2 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA HIGH COUNTRY PAVING, INC. By________________________________ By_____________________________ Chuck Winn, City Manager Print Name: Chance Ellis Title: Estimator APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 104 Change Order Item No Description Quantity Units Unit Price Amount CO #1 Concrete Approach Remove & Dispose of Existing Concrete 350 SF $ 4.75 $ 1,662.50 Regrade & prep 1 LS $ 750.00 $ 750.00 Install 6" Concrete Approach 294 SF $ 10.50 $ 3,087.00 4" concrete (1-panel) each side of approach for ADA requirements 50 SF $ 7.50 $ 375.00 TOTAL C.O. #1 $ 5,874.50 Item No Description Quantity Units Unit Price Amount CO #2 Vertical Curb Remove & Dispose of Existing Concrete 72 LF $ 6.75 $ 486.00 Regrade & prep 1 LS $ 525.00 $ 525.00 Install 6" x 12" vertical Curb 72 SF $ 24.00 $ 1,728.00 TOTAL C.O. #2 $ 2,739.00 Item No Description Quantity Units Unit Price Amount CO #3 Additional Sidewalk Remove & Dispose of Existing Concrete 205 SF $ 4.75 $ 973.75 Regrade & prep 1 LS $ 695.00 $ 695.00 Install sidewalk West of Parking Lot 205 SF $ 7.50 $ 1,537.50 TOTAL C.O. #3 $ 3,206.25 Item No Description Quantity Units Unit Price Amount CO #4 4" Asphalt Dumpster Install 4" Asphalt 1095 SF $ 2.95 $ 3,230.25 Tack Oil between lifts 1095 SF $ 0.25 $ 273.75 Removal of 1” gravel & regrading to accommodate 4" asphalt 1095 SF $ 1.25 $ 1,368.75 Credit for 3" Asphalt 1095 SF $ 2.25 $ (2,463.75) TOTAL C.O. #4 $ 2,409.00 Item No Description Quantity Units Unit Price Amount CO #5 4" Asphalt Alley Install 4" Asphalt 1052 SF $ 2.95 $ 3,103.40 Tack Oil between lifts 1052 SF $ 0.25 $ 263.00 Removal of 1” gravel & regrading to accommodate 4" asphalt 1095 SF $ 1.25 $ 1,368.75 Credit for 3" Asphalt 1052 SF $ 2.25 $ (2,367.00) TOTAL C.O. #5 $ 2,368.15 TOTAL CHANGE ORDERS $16,596.90 Pricing is good for 30 days from the bid date. High Contry Paving thanks you for the opportunity to quote your upcoming project/ 105 Memorandum REPORT TO:City Commission FROM:Miranda Johnson, Court Administrator Karolina Tierney, Chief Municipal Court Judge SUBJECT:Authorize Judge Karolina Tierney to Sign the Neumo Schedule A Scope of Services MEETING DATE:August 18, 2026 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize Judge Karolina Tierney to sign the Neumo Schedule A- Scope of Services. STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND:The Master Service Agreement with Full Court was entered into in 2007 and is still valid. Since that time, Neumo was acquired by Full Court, and the new services offered by Neumo are reflected in the attached Scope of Services. These services will allow the citations issued to be digitally imported from the police system, Central Square, into the Full Court System. This will streamline the citation entry process. UNRESOLVED ISSUES:There are no unresolved issues. ALTERNATIVES:The current process is outdated. The only alternative is to hand enter all citations. FISCAL EFFECTS:This has been approved in the FY27 budget. There will be no additional fiscal effects. Attachments: Neumo Schedule A-Scope of Services.pdf Full Court Master Services Agreement.pdf Report compiled on: July 29, 2026 106 © Neumo Justice, LLC All rights reserved. Proprietary & Confidential 1 Schedule A –Product and Services This Schedule A is entered into between Neumo Justice, LLC (“Neumo”) and the below identified client (“Client”) for the purpose of Client acquiring the additional items set forth below under the Master Agreement. The date of this Schedule A will be deemed the effective date of this Schedule A. Neumo and Client agree as follows: A.Products, Fees, Configurations, and General Terms 1.Master Agreement. Unless specifically defined herein, all capitalized terms used herein shall have the meaning set forth in the Master Agreement. To the extent the terms of this Schedule A and the terms of the Master Agreement conflict in any manner, the terms of this Schedule A shall prevail. 2.Increase in Subscription Items and Fees. Provided Client pays the fees noted below, Neumo shall provide the services (if any) identified in the below table on a subscription basis (the “Subscription Items”): Subscription Items Type Capacity Annual Fees Standard Citation Import (Central Square) On Premise 1 license $ 3,300.00 *This subscription item will be prorated to be coterminous with current subscription items. 3.License Configuration. This changes Client’s current license configuration as follows: Description Previous Capacity Capacity FullCourt Enterprise Citation Import 0 License 1 license 4.Implementation Services and Fees. Provided client pays the fees noted below, Neumo shall provide the services (if any) identified in the below table: Services Items Capacity Fees FullCourt Enterprise Standard Citation Import Implementation Services (with Central Square) 1 Included in Subscription 5.Statement of Work. Neumo will work with Client and their 3rd party vendor to implement Citation Import. Service Deliverables: •Neumo will walk Client through the FCE table configuration needed for importing citations. •Neumo will provide client’s vendor with the required file format for importing citations into FullCourt Enterprise (FCE) •Client’s vendor will provide a sample file in the required file format to Neumo for review and approval prior to submitting the file to Client for import. •Neumo will assist Client and client’s vendor with importing the test file and troubleshooting any errors. •The services described within this Schedule A will be deemed to have been completed upon Client receiving a valid test file without error codes from the client’s vendor. •Any request for changes to the required file format or FCE functionality will be considered out of scope and require an additional statement of work to address the request and potential cost associated. Client Responsibilities/Assumptions: Client Name: Bozeman MT Municipal Court Date: 8/1/2026 Client No: 001PF000007hprIYAQ Neumo Contact: Lisa Haren Case Number: 006VN00000UuIc5YAF Client Contact: Miranda Johnson 107 © Neumo Justice, LLC All rights reserved. Proprietary & Confidential 2 The services defined in this SOW are dependent upon the following assumptions being accurate and Client performing the following responsibilities: • Client will determine which staff/team members are needed for delivery and will make them available to ensure timely completion of tasks. • Client will ensure any software applications or hardware to be used during the delivery of tasks are in working order prior to the project kickoff. Neumo recommends Client update FCE to most current version. • Client will respond to Neumo within 15 days of notice of completion of any above-described task with its acceptance or rejection of such task completion (“Acceptance Period”). If Client does not respond within the 15 days, Client is deemed to have accepted the completion of such task. If Client rejects the completion of any task, Client must detail the reasons for the rejection and Neumo will review and make any necessary corrections. The Acceptance Period will then begin again. 6. Other Terms of the Master Agreement. In all other respects, the Master Agreement remains unmodified. Client acknowledges that the pricing, any discounts and/or any no charge items provided hereunder are a one- time offer to Client, are confidential information of Neumo, and will not apply to future purchases. B. Summary of Fees Due Upon Execution, Payment Terms, and Payment Remittance 1. Due Upon Effective Date. As set forth above, Client shall pay the following fees upon the effective date of this Schedule A to be coterminous with other subscriptions: Due Upon Effective Date Fee FullCourt Enterprise Citation Import with Central Square (Client Vendor) Subscription Fees (initial term 6/1/26 – 5/31/27) $3,300.00 Total Due 6/1/2026 $3,300.00 Approval and Signatures Each party is signing this Schedule A on the date stated in that party’s signature block. Bozeman MT Municipal Court Neumo Justice, LLC By: By: Print name: Print name: Title: Title: Date: Date: Valid for execution within 30 days of the Schedule A Date 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 Memorandum REPORT TO:City Commission FROM:Russ Smith, Stormwater Division Project Coordinator Shawn Kohtz, Utilities Director SUBJECT:Professional Services Master Task Order Agreement with DOWL, LLC for One Year of On Call Planning, Engineering, and Construction Oversight Services Agreement for a Variety of Stormwater Division Infrastructure Projects MEETING DATE:August 18, 2026 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a Professional Services Master Task Order Agreement with DOWL, LLC to continue on-call planning, engineering, and construction oversight services for a variety of Stormwater Division infrastructure projects, with an end date of September 26th, 2027. STRATEGIC PLAN:6.1 Clean Water Supplies: Ensure adequate supplies of clean water for today and tomorrow. BACKGROUND:Stormwater Division Staff requires our qualified consultant to continue to assist with the planning, engineering, and construction oversight of a variety of infrastructure projects scheduled in the Division's Capital Improvement Plan (CIP). Examples of required services include hydraulic modeling, permitting, testing, surveying, engineering, and inspection. Staff plans to utilize DOWL, LLC on an on-call basis by creating task orders over an additional year as projects gain approval and funding is made available. Staff prefers this approach because it eliminates the need to administer a consultant selection process for individual projects, saving time and resources. An additional benefit of the agreement is continuity in completing approved capital projects from the prior fiscal year that have been designed but not yet constructed. UNRESOLVED ISSUES:None. ALTERNATIVES:As directed by the Commission. FISCAL EFFECTS:The Stormwater utility's approved CIP outlines $1,428,300 for projects from FY27-FY28, the span of the proposed contract extension. If required, Staff will utilize a portion of an individual project's budget on professional services delivered under this agreement. Typically, professional services account for 15-30% of a project's overall budget; however, this percentage can vary depending on specific needs, project complexity, and internal capacity at 132 project initiation. Not all Stormwater Division CIP projects require services from DOWL, LLC. Attachments: Engineering PSA for On-Call Services with DOWL 2026.pdf Report compiled on: July 27, 2026 133 Professional Services Agreement – Engineering FY2024-2027 Page 1 of 12 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of , 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 DOWL, LLC with a mailing address of 1283 North 14th Ave, Suite 101, Bozeman, MT 59715, hereinafter referred to as “Consultant.” The City and Consultant 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 Consultant to perform for City a range of professional and technical services, as requested by the City through issuance of individual Task Orders. 2.Term/Effective Date: This Agreement is effective upon the date of its execution and will terminate on September 26, 2027. 3.Scope of Services: Consultant will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. Consultant may, at its own risk, use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, Sub- consultants, manufacturers, suppliers, and publishers of technical standards. 4.Payment for Scope of Services: The terms of compensation to Contractor shall be agreed upon and included in each Task Order. City agrees to pay Contractor the amount specified in the individual Task Orders. 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. 134 Professional Services Agreement – Engineering FY2024-2027 Page 2 of 12 5.Reimbursable Expenses: As defined in section 8 of this Agreement, for completion of the Scope of Services and approved Additional Services, reimbursable expenses shall be paid to the Consultant by the City in the actual amount of the costs incurred up to an amount not to exceed $ , which includes $ for Sub-consultants hired by the Consultant and $ for all other reimbursable expenses. The estimated reimbursable expenses are provided herewith as “Attachment 2”. The administrative markup factor being applied by the Consultant for any of its Sub-consultants shall be indicated on Attachment 2 and be no higher than 1.05. 6.Additional Services: If the City requests Consultant to perform any Additional Services not otherwise provided for in this Agreement, City shall so instruct the Consultant in writing, and the Consultant shall perform, or direct its Sub-consultants to perform, such services necessary to complete the Additional Services requested. The City and Consultant shall mutually agree upon a basis of payment for the Additional Services requested prior to the Consultant proceeding with such Additional Services. 7.Times of Payments: The Consultant may submit monthly statements for the Scope of Services and approved Additional Services rendered and for Reimbursable Expenses incurred. The statements shall be based upon Consultant’s estimate of the proportion of the total Scope of Services actually completed for each task at the time of billing. 8.Meaning of Terms: a.Additional Services: Additional Services means services resulting from significant changes in the general scope, extent or character of the Project or major changes in documentation previously accepted by the City where changes are due to causes beyond the Consultant’s control. Additional Services can also mean providing other services not otherwise provided for in the Agreement that are substantially similar to and generally consistent with the nature of services contained in the Scope of Services. b.Agreement: As used herein the term “this Agreement” refers to the contents of this document and its Attachments and Exhibits attached hereto and referred to as if they were part of one and the same document. c.Direct Labor Costs: Direct Labor Costs used as a basis for payment mean the actual salaries and wages paid to all of the Consultant’s personnel engaged directly on the Scope of Services but does not included indirect payroll related costs or fringe benefits. d.Reimbursable Expenses: Reimbursable expenses mean the actual expenses incurred by the Consultant or its Sub-consultants directly in connection with the Project, such as expenses for: transportation and subsistence incidental thereto; toll telephone calls; specialized technology or software subscription charges; reproduction of reports, technical memoranda, drawings, renderings and similar Project-related items. 135 Professional Services Agreement – Engineering FY2024-2027 Page 3 of 12 e. Sub-consultants: Sub-consultants means any independent professional associates working on the Project that are not directly employed by the Consultant and have rather been hired by the Consultant to serve a particular role or offer a particular service for the Project. 9.Consultant’s Representations: To induce City to enter into this Agreement, Consultant makes the following representations: a.Consultant 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.Consultant 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 the degree of care and skill ordinarily exercised under the same conditions by professionals practicing in the same field at the same time in the same or similar locality; 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. 10.Independent Contractor Status/Labor Relations: The parties agree that Consultant is an independent Contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Consultant 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. Consultant is not authorized to represent the City or otherwise bind the City in any dealings between Consultant and any third parties. Consultant 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. Consultant shall maintain workers’ compensation coverage for all members and employees of Consultant’s business, except for those members who are exempted by law. 11.Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Consultant 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 136 Professional Services Agreement – Engineering FY2024-2027 Page 4 of 12 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 Consultant; or (ii) any negligent, reckless, or intentional misconduct of any of the Consultant’s agents. For the professional services rendered, to the fullest extent permitted by law, Consultant 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 Consultant or Consultant’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 which would otherwise exist as to such indemnitee(s). Consultant’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 Consultant to assert its right to defense or indemnification under this Agreement or under the Consultant’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 Consultant 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 City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Consultant 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, Consultant shall at Consultant’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 Consultant in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Consultant in this Section. 137 Professional Services Agreement – Engineering FY2024-2027 Page 5 of 12 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. Consultant 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 of Bozeman shall be endorsed as an additional or named insured on a primary non- contributory basis on both the Commercial General 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. The City must approve all insurance coverage and endorsements prior to the Consultant commencing work. Consultant shall notify City within two (2) business days of Consultant’s receipt of notice that any required insurance coverage will be terminated or Consultant’s decision to terminate any required insurance coverage for any reason. 12.Termination for Consultant’s Fault: a.If Consultant 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 Consultant’s right to proceed with all or any part of the work (“Termination Notice Due to Consultant’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 12, Consultant shall be entitled to payment only for those services Consultant actually rendered. c.Any termination provided for by this Section 12 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 12, Consultant 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. 138 Professional Services Agreement – Engineering FY2024-2027 Page 6 of 12 13.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 Consultant (“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 Consultant. b.Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Consultant 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. Consultant shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c.In the event of a termination pursuant to this Section 13, Consultant is entitled to payment only for those services Consultant actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d.The compensation described in Section 13(c) is the sole compensation due to Consultant for its performance of this Agreement. Consultant 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. 14.Limitation on Consultant’s Damages; Time for Asserting Claim: a.In the event of a claim for damages by Consultant under this Agreement, Consultant’s damages shall be limited to contract damages and Consultant 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 Consultant wants to assert a claim for damages of any kind or nature, Consultant 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 Consultant becoming aware of the facts and circumstances giving rise to the claim. In the event Consultant fails to provide such notice, Consultant shall waive all rights to assert such claim. 15.Representatives and Notices: a.City’s Representative: The City’s Representative for the purpose of this Agreement shall be Russell Smith, Project Coordinator, or such other individual as City shall designate in 139 Professional Services Agreement – Engineering FY2024-2027 Page 7 of 12 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, Consultant 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.Consultant’s Representative: The Consultant’s Representative for the purpose of this Agreement shall be Greg Gabel, PE, Contract Manager, or such other individual as Consultant shall designate in writing. Whenever direction to or communication with Consultant is required by this Agreement, such direction or communication shall be directed to Consultant’s Representative; provided, however, that in exigent circumstances when Consultant’s Representative is not available, City may direct its direction or communication to other designated Consultant 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. 16.Permits: Consultant 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. 17.Laws and Regulations: Consultant 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. 18.Nondiscrimination and Equal Pay: The Consultant agrees that all hiring by Consultant of persons performing this Agreement shall be on the basis of merit and qualifications. The Consultant will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Consultant 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 140 Professional Services Agreement – Engineering FY2024-2027 Page 8 of 12 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 Consultant 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. Consultant 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). Consultant must report to the City any violations of the Montana Equal Pay Act that Consultant has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Consultant shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 19.Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Consultant 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. Consultant 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 Consultant shall be obligated to furnish such proof. The Consultant shall be responsible for instructing and training the Consultant's employees and agents in proper and specified work methods and procedures. The Consultant shall provide continuous inspection and supervision of the work performed. The Consultant is responsible for instructing its employees and agents in safe work practices. 20.Modification and Assignability: This Agreement may not be enlarged, modified, amended or altered except by written agreement signed by both parties hereto. The Consultant may not subcontract or assign Consultant’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any Sub-consultant or assignee will be bound by all of the terms and conditions of this Agreement. 21.Reports/Accountability/Public Information: Consultant agrees to develop and/or provide documentation as requested by the City demonstrating Consultant’s compliance with the requirements of this Agreement. Consultant 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 Consultant pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and 141 Professional Services Agreement – Engineering FY2024-2027 Page 9 of 12 local law. The Consultant shall not issue any statements, releases or information for public dissemination without prior approval of the City. 22.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. 23.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. 24.Taxes: Consultant is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 25.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. 26.Survival: Consultant’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 27.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. 28.Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 29.Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 30.Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 142 Professional Services Agreement – Engineering FY2024-2027 Page 10 of 12 31. 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. 32. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 33. 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. 34. Standard of Care: In providing services under this Agreement, Consultant will perform in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. If any service should be found to be not in conformance with this standard, the Consultant shall, at the City’s request, re- perform the service at its own expense. Consultant shall also, at its own expense, make such changes, modifications or additions to the project which are made necessary as a result of the initial non-performance or the re-performance of services. The City’s rights herein are in addition to any other remedies the City may have under the law 35. Ownership and Reuse of Documents: Upon payment in full by City to Consultant for all monies due Consultant under this Agreement, Consultant’s work products produced under this Agreement shall become the sole property of the City. The City’s use, reuse, alteration, or modification of the work products will be at City’s sole risk and without liability or legal exposure to Consultant or to its officers, directors, members, partners, agents, employees, and consultants. 36. 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. 37. Web Accessibility and the Americans with Disabilities Act: Title II of the ADA prohibits discrimination against people with disabilities in all services, programs, and activities offered or made available by the City. This includes ensuring that the City’s communications with people with disabilities are as effective as its communications with others. 143 Professional Services Agreement – Engineering FY2024-2027 Page 11 of 12 If the Consultant’s Scope of Services includes the production of digital content, documents, or web applications for the City, Contractor must use both the City style guide when creating a design, and, as per recommendations found in Section 508 of the Rehabilitation Act, the content must also adhere to level A and AA Success Criteria and Conformance Requirements as defined by the current Web Content Accessibility Guidelines (WCAG) (https://www.w3.org/WAI/). The City will not accept digital content that does not comply with WCAG A and AA guidelines. If the City refuses digital content because it is non-compliant with the City style guide, Section 508 of the Rehabilitation Act, and/or WCAG, Contractor will be required to make the digital content compliant and redelivered at no additional cost to the City. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 144 Professional Services Agreement – Engineering FY2024-2027 Page 12 of 12 In witness whereof, the Parties hereto do make and execute this Agreement. CITY OF BOZEMAN, MONTANA CONSULTANT BY: BY: Chuck Winn, City Manager (insert title of signatory) DATE: DATE: ATTEST: BY: Mike Maas, City Clerk APPROVED AS TO FORM: BY: Greg Sullivan, City Attorney 145 Memorandum REPORT TO:City Commission FROM:Natalie Meyer, Sustainability Program Manager Brian Heaston, Senior Engineer Shawn Kohtz, Director of Utilities Cola Rowley, Assistant City Manager SUBJECT:Authorize the City Manager to Sign a Master Service Agreement and Statement of Work with Eide Bailly Advisory LLC for Tax Consulting Services Under Section 48E Clean Electricity Investment Credit for the Water Reclamation Facility Solar Generating Facility, and Waive the City Charter Requirement Precluding the City’s Independent Auditor, Eide Bailly LLP, from Performing Non-audit Services MEETING DATE:August 18, 2026 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a Master Service Agreement and Statement of Work with Eide Bailly Advisory LLC for tax consulting services under Section 48E Clean Electricity Investment Credit for the Water Reclamation Facility Solar Generating Facility, and waive the City Charter requirement precluding the City’s independent auditor, Eide Bailly LLP, from performing non-audit services. STRATEGIC PLAN:6.3 Climate Action: Reduce community and municipal Greenhouse Gas (GHG) emissions, increase the supply of clean and renewable energy; foster related businesses. BACKGROUND:The City is requesting authorization to sign a Notice of Award for the Water Reclamation Facility Solar Generation Project (Project) for a 608 kW DC system on the August 18, 2026 Commission Consent agenda. The project is eligible for the sunsetting Section 48E Clean Electricity Investment Credit. This is a one-time only opportunity for the City to receive federal cash reimbursement of up to 40% of the total cost of the Project if successfully placed in service by December 31, 2027. City staff estimates the targeted 40% Clean Electricity Investment Credit has a value of up to $1.12 million. Staff has worked collaboratively with OnSite Energy and HDR Engineering through the direct negotiation process to shape the Project design and costs to best position it to receive reimbursement at the 40% level. To receive the full value of the tax credit, the Project incorporates domestic content materials. Domestic content solar panels require extended lead times. It's therefore necessary for the contractor to order the domestic- 146 content solar panels upon execution of the contract to receive the materials within the 2027 construction season. The IRS must determine that qualifying criteria outlined in relevant IRS guidance have been met for the Project to receive the targeted 40% Clean Electricity Investment Credit. Such determination occurs upon IRS review of a tax filing, which may only be filed after the Project has been completed and placed into service. City staff has studied the Clean Electricity Investment Credit and associated IRS guidance to position the Project to receive reimbursement at the 40% amount. Due to the stakes associated with the 40% credit, together with the nuances and complexities of IRS guidance, the City selected Eide Bailly Advisory LLC, a professional tax consulting firm, to complete analysis of the Project relative to current Section 48E guidance, assist with domestic content requirements and procurement documentation, assist with documentation of Prohibited Foreign Entities (if necessary), and prepare IRS forms to prepare for filing. Eide Bailly Advisory LLC was selected after receiving two proposals from qualified firms. Staff determined that Eide Bailly Advisory LLC was the most responsive and price- competitive option for the City. The City's independent auditor is Eide Bailly LLP, a licensed CPA firm that provides attest services, including audits and reviews. The City of Bozeman Charter specifies in Section 5.09 - Independent Audit that “the City Commission shall provide for an independent annual audit of all city accounts in accordance with state law and may provide for more frequent audits as it deems necessary. No accountant or firm may provide any other services to the City during the time it is retained to provide independent audits to the City; however, the City Commission may waive this requirement by a majority vote at a public meeting.” Staff proposes an engagement with Eide Bailly Advisory LLC to provide tax, advisory, and consulting services. Eide Bailly Advisory LLC is not a licensed CPA firm and cannot provide attest services, such as audits. However, in the interest of transparency, Staff brings the Commission’s attention to Sec. 5.09 of the Charter. By approving this contract by a majority vote, the City Commission will contemporaneously waive Section 5.09 of the City Charter for the limited scope of the WRF Solar Generation Project Section 48E Clean Electricity Investment Credit consulting services. UNRESOLVED ISSUES:None. ALTERNATIVES:The City Commission may request an engagement agreement with another tax consulting firm. This will result in a significant increase in consulting fees and a delay in services that could compromise our ability to successfully obtain the Clean Electricity Investment Credit. FISCAL EFFECTS:The attached Statement of Work sets forth a not-to-exceed price of $54,075, including a 5% technology fee applied to billed services. Project funding is 147 provided in the wastewater fund capital improvements plan (CIP) as project ‘WW155 – WRF Solar Arrays’. The current available unobligated balance for the Project is just over $1 million. The Finance Department has confirmed that sufficient funding is available in the overall authorized wastewater fund budget to award the construction contract and tax consulting fees. The current estimate for the overall net cost of the Project is $1.7 million, including tax consulting fees, after inclusion of the targeted $1.12 million 40% Clean Electricity Investment Credit. The Project will generate enough power to supply approximately 20 to 25% of the WRF’s annual electric use. The Project is projected to be cash flow positive over the course of its 30- year useful life with an overall net present value (NPV) exceeding $500k and a simple return on investment period of less than 15 years. Attachments: City of Bozeman - Master Services Agreement.pdf City of Bozeman_Statement of Work - Tax Consulting - Energy_Incentives-General.pdf Report compiled on: August 6, 2026 148 August 2025 EIDE BAILLY ADVISORY LLC MASTER SERVICES AGREEMENT GENERAL 1) This Master Services Agreement (“Agreement”) is effective on July 31, 2026, and describes Eide Bailly Advisory LLC’s standard terms and conditions applicable to the provision of Eide Bailly’s non-attest services to the Client. For the purposes of this Master Services Agreement, any reference to “Eide Bailly” is a reference to Eide Bailly Advisory LLC. Any reference to “Client” is a reference to the party or parties that have engaged Eide Bailly to provide services and the party or parties ultimately responsible for payment of Eide Bailly’s fees and costs. Client acknowledges and agrees that Eide Bailly is not in a fiduciary relationship with it and Eide Bailly has no fiduciary responsibilities to Client in the performance of its services described herein or in any applicable Statement of Work. As between this Agreement and any applicable Statement of Work, the language in this Agreement will control. BILLING, PAYMENT, & TERMINATION 2) Billing and Payment Terms. Eide Bailly will bill Client for its professional fees and costs as provided in a Statement of Work. All bills are payable upon receipt and will include actual out-of-pocket expenses, administrative charges, and a technology fee. If collection action is necessary, expenses and reasonable attorney’s fees will be added to the amount due. Should our relationship terminate before the services provided for in a separate Statement of Work are completed, Client will be billed for services to the date of termination. 3) Termination. Either party may terminate this Agreement by written notice to the other party at any time for any reason, except Eide Bailly shall not terminate in a manner that causes undue harm to Client. Nothing in this Agreement shall prohibit Eide Bailly from terminating this Agreement or any Statement of Work where termination is required by applicable professional standards. INFORMATION AND DATA 4) Sharing of Information. During the course of the engagement, Eide Bailly will only provide confidential engagement documentation to Client via Eide Bailly’s secure portal or other secure methods, and request that Client uses the same or similar tools in providing information to Eide Bailly. Should Client choose not to utilize secure communication applications, Client acknowledges that such communication contains a risk of the information being made available to unintended third parties. Similarly, Eide Bailly may communicate with Client or its personnel via e-mail or other electronic methods. Client acknowledges that communication in those mediums contains a risk of misdirected or intercepted communications. 5) Remote Access. Should Client provide Eide Bailly with remote access to its information technology environment, including but not limited to its financial reporting system, Client agrees to (1) assign unique usernames and passwords for use by Eide Bailly’s personnel in accessing the system and to provide this information in a secure manner; (2) limit access to “read only” to prevent any unintentional deletion or alteration of Client’s data; (3) limit access to the areas of Client’s technology environment necessary to perform the procedures agreed upon; and (4) disable all usernames and passwords provided to Eide Bailly upon the completion of procedures for which access was provided. Eide Bailly agrees to only access Client’s technology environment to the extent necessary to perform the identified procedures. 6) Electronic Sites. Regarding the electronic dissemination of audited financial statements, including financial statements published electronically on Client’s website or elsewhere, Client understands that electronic sites are a means to distribute information and, therefore, Eide Bailly is not required to read the information contained in these sites or to consider the consistency of other information in the electronic site with the original document. 7) Data and Records. Eide Bailly cannot agree to be the sole host and/or the sole storage for Client’s financial and nonfinancial data. It is Client’s responsibility to maintain Client’s original data and records and Eide Bailly cannot be responsible to maintain such original information. By signing this Agreement, Client affirms that it has all the data and records required to make its books and records complete. 149 August 2025 8) Mandatory Disclosures. Eide Bailly may be requested to make certain engagement documentation available to outside parties, including regulators, pursuant to authority provided by law or regulation or applicable professional standards. If requested, access to such engagement documentation will be provided under the supervision of Eide Bailly’s personnel. Furthermore, upon request, Eide Bailly may provide copies of selected engagement documentation to the outside party, who may intend, or decide, to distribute the copies of information contained therein to others, including other governmental agencies. Eide Bailly will be compensated for any time and expenses, including time and expenses of legal counsel, it may incur in making such documentation available or in conducting or responding to discovery requests or participating as a witness or otherwise in any legal, regulatory, or other proceedings as a result of Eide Bailly’s performance of these services. Client and its attorney will receive, if lawful, a copy of every subpoena Eide Bailly is asked to respond to on its behalf. Wherever possible and as permitted under applicable court rules, Eide Bailly will work with Client to limit costs Client may incur. 9) Service Providers. Eide Bailly may use third- party service providers and/or affiliated entities (including Eide Bailly Shared Services Private Limited) (collectively, “service providers”) in order to facilitate delivering its services to Client. Eide Bailly’s use of service providers may require access to Client information by the service provider. Eide Bailly will take reasonable precautions to determine that such service providers have the appropriate procedures in place to prevent the unauthorized release of confidential information to others. Eide Bailly will remain responsible for the confidentiality of Client information accessed by such service provider and any work performed by such service provider. Client acknowledges that its information may be disclosed to such service providers, including those outside the United States. 10) Use of Artificial Intelligence. While providing the services set forth in this Agreement, in order to enhance the quality and efficiency of services provided, Eide Bailly may use tools incorporating artificial intelligence, including, but not limited to, algorithms, machine learning, and automated processes (“AI”). The use of such technologies will comply with applicable laws and regulations. Eide Bailly will use appropriate due diligence and best practices to ensure that any AI tools and methods are secure. 11) Confidential Information. Neither of us may use or disclose the other’s confidential information for any purpose except as permitted under this Agreement or as otherwise necessary for Eide Bailly to provide the services. Client’s confidential information is defined as any information it provides to Eide Bailly that is not available to the public. Eide Bailly’s confidential information includes its engagement documentation for engagements performed under this Agreement. Eide Bailly’s engagement documentation, including all workpapers, shall at all times remain the property of Eide Bailly. The confidentiality obligations described in this paragraph shall supersede and replace any and all prior confidentiality and/or nondisclosure agreements (NDAs) between us. 12) Retention Period. Eide Bailly agrees to retain its documentation or work papers for a period of at least eight years from the date of a report, other engagement deliverables, and/or completion of the engagement. DISPUTES & LIMITATIONS 13) Mediation. Any disagreement, controversy, or claim arising out of or related to any aspect of Eide Bailly’s services or relationship with Client (hereafter a “Dispute”) shall, as a precondition to litigation in court, first be submitted to mediation. In mediation, the parties attempt to reach an amicable resolution of the Dispute with the aid of an impartial mediator. Mediation shall begin by service of a written demand. The mediator will be selected by mutual agreement. If we cannot agree on a mediator, one shall be designated by the American Arbitration Association (“AAA”). Mediation shall be conducted with the parties in person in Minneapolis, Minnesota. Each party will bear its own costs in the mediation. The fees and expenses of the mediator will be shared equally by the parties. Neither party may commence a lawsuit until the mediator declares an impasse. 14) Limitation of Liability. Unless disallowed by law or regulation, the exclusive remedy available to Client for any alleged loss arising from or related to Eide Bailly’s services shall be the right to pursue claims for actual damages that are directly caused by Eide Bailly’s breach of this Agreement or Eide Bailly’s violation of applicable professional standards. In no event shall Eide Bailly’s aggregate liability to Client exceed two times fees paid under the applicable 150 August 2025 Statement of Work, nor shall Eide Bailly ever be liable to Client for indirect, special, incidental, consequential, punitive, or exemplary damages, or attorneys’ fees. 15) Time Limitation. Unless disallowed by law or regulation, Client may not bring any legal proceeding against Eide Bailly unless it is commenced within twenty-four (24) months (“limitation period”) after the date when Eide Bailly delivered the report, return, or other deliverable as identified in a relevant Statement of Work or upon termination of the Statement of Work, whichever is earlier, regardless of whether Eide Bailly performs other services for Client. The limitation period applies and begins to run even if Client has not suffered any damage or loss or has not become aware of a possible dispute. 16) Limited Indemnity. Eide Bailly shall not be responsible for any misstatements in its deliverables to Client that it may fail to detect as a result of misrepresentations or concealment of information by any of Client’s owners, directors, officers, or employees. Unless disallowed by law, regulation, or applicable professional standards, Client shall indemnify and hold Eide Bailly harmless from any claims, losses, settlements, judgments, awards, damages, and attorneys’ fees arising from any such misstatement or concealment of information. If, through no fault of Eide Bailly, it is named as a party to a dispute between Client and a third party, Client shall indemnify and hold Eide Bailly harmless against any losses, damages, settlements, judgments, awards, and the costs of litigation (including attorneys’ fees) it incurs in connection with the dispute. Eide Bailly shall not be entitled to indemnification under this Agreement unless the services were performed in accordance with professional standards in all material respects. 17) Governing Law and Venue. Any Dispute between us, including any Dispute related to the engagement contemplated by this Agreement, shall be governed by Minnesota law. Any unresolved Dispute shall be submitted to a federal or state court located in Minneapolis, Minnesota. 18) Assignment. Client shall not assign, sell, barter, or transfer any legal rights, causes of actions, claims, or Disputes it may have against Eide Bailly to any person. OTHER 19) U.S. Securities and Exchange Commission (“SEC”) and other Regulatory Bodies. Where Eide Bailly is providing services either for (a) an entity that is registered with the SEC, (b) an affiliate of such registrant, or (c) an entity or affiliate that is subject to rules, regulations, or standards beyond those of the American Institute of Certified Public Accountants (“AICPA”), any term of this contract that would be prohibited by or impair our independence under applicable law or regulation shall not apply to the extent necessary only to avoid such prohibition or impairment. 20) HLB International. Eide Bailly is a member of HLB International, a worldwide organization of accounting firms and business advisors (“HLB”). Each member firm of HLB, including Eide Bailly, is a separate and independent legal entity and is not owned or controlled by any other member of HLB. Each member firm of HLB is solely responsible for its own acts and omissions, and no other member assumes any liability for such acts or omissions. Neither Eide Bailly nor any of its affiliates are responsible or liable for any acts or omission of HLB or any other member firm of HLB and hereby specifically disclaim any and all responsibility, even if Eide Bailly or any of its affiliates are aware of such acts or omissions of another member of HLB. Engagements referred among HLB member firms may result in the payment and receipt of a referral fee. 21) Eide Bailly Alliance. Eide Bailly formed the Eide Bailly Alliance, a network for small to mid-sized CPA firms across the nation. Each member firm of The Eide Bailly Alliance, including Eide Bailly, is a separate and independent legal entity and is not owned or controlled by any other member of The Eide Bailly Alliance. Each member firm of The Eide Bailly Alliance is solely responsible for its own acts and omissions, and no other member assumes any liability for such acts or omissions. Neither Eide Bailly, nor any of its affiliates, are responsible or liable for any acts or omission of The Eide Bailly Alliance or any other member firm of The Eide Bailly Alliance and hereby specifically disclaim any and all responsibility, even if Eide Bailly, or any of its affiliates are aware of such acts or omissions of another member of The Eide Bailly Alliance. 22) Severability. In the event that any term or provision of this Agreement shall be held to be invalid, void, or unenforceable, the remainder of this Agreement shall not be affected, and each such term 151 August 2025 and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 23) Use of Deliverables and Drafts. Client agrees it will not modify any deliverables or drafts prepared by Eide Bailly for internal use or for distribution to third parties. Client also understands that Eide Bailly may, on occasion, send Client documents marked as draft and understand that those are for Client’s review purpose only, should not be distributed in any way, and should be destroyed as soon as possible. When the engagement provides for the issuance of a report on financial or non-financial information, and/or other deliverables, Client may make copies of the report and/or other deliverables, but only if the entirety of the relevant underlying information, exactly as accompanying our report and/or deliverable, as appropriate, are reproduced and distributed with the report and/or other deliverables. Client agrees not to reproduce or associate our report and/or other deliverables with any other financial or non-financial information, or portions thereof, that are not the subject of our engagement. Acknowledged and agreed: EIDE BAILLY ADVISORY LLC CLIENT ___________________________________________ Signature ___________________________________________ Name ___________________________________________ Title ___________________________________________ Date Eide Bailly Use: Client ID: Account Name: Address: SR ID: 152 August 2025 EIDE BAILLY ADVISORY LLC TECHNOLOGY CONSULTING ADDENDUM to MASTER SERVICES AGREEMENT GENERAL 1) This Addendum only applies in conjunction with an associated Statement of Work for technology consulting services. All terms of the Master Services Agreement shall remain in full force and effect. SERVICES AND DELIVERABLES 2) Incorporation of Design Documentation. The Deliverables identified in a Statement of Work may include Design Documentation. Any Design Documentation shall be submitted to Client for written approval. Upon Client’s written approval, any Design Documentation shall be incorporated into the Deliverables described in a Statement of Work. If the Design Documentation conflicts with any such Deliverables, the Design Documentation shall control. 3. Work Outside of Scope. Eide Bailly shall have no obligation to provide any Deliverables or perform any Services not specifically set forth in a Statement of Work or Design Documentation. Client may request additional Deliverables and Services only pursuant to the Change Control procedures described immediately below. 4. Change Control. If either Party identifies a need to supplement or revise the Services or Deliverables described in a Statement of Work, the Party may create a change request (“Change Request”). The Change Request shall include relevant details such as changes to scope, assumptions, cost estimates, timelines, risks, and the like. Both Parties shall accept the terms of a Change Request before work outside the scope of a Statement of Work may continue. Eide Bailly shall charge Client, and Client shall pay Eide Bailly, on an hourly basis at Eide Bailly’s normal hourly rates for any services or deliverables requested by Client that are not specified in a Statement of Work or an accompanying Change Request. Any signed Change Request shall thereafter be incorporated into the Statement of Work to which it refers. 5. HIPAA. Unless agreed by Eide Bailly in a separate signed writing: a) Client has not relied on Eide Bailly to opine upon Eide Bailly’s actual or potential status as a Business Associate (as that term is defined in the Health Insurance Portability and Accountability Act of 1996, as amended and supplemented (“HIPAA”)); b) In providing the Services, Eide Bailly is not acting as a Business Associate on Client’s behalf; c) The Services and Deliverables may not be used to store, maintain, process, or transmit protected health information (“PHI”) (as that term is defined in HIPAA); and d) The Services and Deliverables will not be used in any manner that would require the Services or Deliverables to be HIPAA compliant. OWNERSHIP RIGHTS 6. Eide Bailly’s Ownership Rights. Eide Bailly retains all rights, titles, and interests, including Intellectual Property Rights, in any Preexisting Materials, including the right to use, reuse, or otherwise exploit any Preexisting Materials for its other clients. In addition, Eide Bailly retains all rights, titles, and interests, including all Intellectual Property Rights, in the Services, Software, Design Documentation, and Deliverables, including the right to provide similar services and deliverables to other clients. 7. Client Ownership Rights. Client retains all rights, titles, and interests, including all Intellectual Property Rights, in the Client Materials. Client grants Eide Bailly the right to use the Client Materials to provide the Services and Deliverables to Client. Eide Bailly shall not market, distribute, reproduce, or seek to commercially exploit the Client Materials. 8. Contingent License. Provided Client has fulfilled its obligations under this Agreement, Eide Bailly grants Client a perpetual, non-exclusive, transferable, worldwide, and royalty free license to use, reproduce, copy, perform, display, modify or have modified by third parties, create or have created by third parties derivative works of, the Services, Software, Design Documentation, and/or Deliverables. 153 August 2025 CLIENT ENGAGEMENT RESPONSIBILITIES 9. Appointment of Coordinator. Client shall designate one individual and one alternate to serve as Eide Bailly’s primary point of contact for the relationship contemplated by this Agreement (the “Coordinator”). The Coordinator shall have the authority to act for Client as to all aspects of this Agreement. Eide Bailly shall be entitled to rely on all statements and agreements made by the Coordinator during the term of this Agreement. 10. Third-Party Products and License Terms. In connection with the receipt of any services or the use of any third-party products, software, tools, or components incorporated into or referenced in any applicable Statement of Work, Client expressly acknowledges and agrees to be bound by the terms and conditions of any applicable third-party license agreements, whether such terms are provided directly by the third party or referenced by Eide Bailly. Client further agrees that: a) No Objection. Client shall not contest, object to, or otherwise challenge, the enforceability or applicability of any such third-party license terms. b) Deemed Receipt. Client acknowledges that it has received, reviewed, and understood all applicable third-party license agreements, or, where such agreements are publicly available or referenced in the Statement of Work, that it has had a reasonable opportunity to do so. Client shall not assert any claim or defense based on non-receipt or lack of awareness of such terms. c) Indemnification. Client shall indemnify, defend, and hold harmless Eide Bailly from and against any and all claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of or related to Client’s breach of any third-party license terms. d) Survival. The provisions of this section shall survive the termination or expiration of the applicable Statement of Work or this Agreement. WARRANTIES 11) Express Warranty. Eide Bailly shall perform all Services, and the Deliverables shall have been prepared in a workmanlike manner. 12) Warranty Against Non-Infringement. Any Services, Software, or Deliverables, when properly used as contemplated by this Agreement, shall not infringe or misappropriate any United States copyright, trademark, patent, or other trade secrets of any third parties. Eide Bailly has any necessary rights and permissions to use any Third-Party Software in the manner contemplated by this Agreement. 13) Warranty Disclaimers. Except as specifically described in this Warranties section, all Services, Software, Third-Party Software, Deliverables, and any other product or service provided by Eide Bailly to Client are furnished “AS IS” and without any other express or implied warranties of any kind. Eide Bailly expressly disclaims any and all such warranties, such as, but without limitation, any implied warranties of merchantability, or fitness for a particular purpose. Eide Bailly does not warrant that any Services, Software, Third-Party Software, or Deliverables will be uninterrupted or error free. 14) Remedies for Breach of Warranty. The exclusive remedy to Client for a breach of any warranty arising under this Agreement shall be the repair or replacement of the Services, Software, Deliverables, or any other product or service provided to Client by Eide Bailly. If a court of competent jurisdiction determines that this remedy fails of its essential purpose, Client’s damages for breach of warranty shall be limited as described in the Master Services Agreement. DEFINITIONS 15) As used in this Addendum: a) “Client Materials” means all of Client’s proprietary business information, methodologies, procedures, utilities, algorithms, models, documents, and concepts, and any Intellectual Property Rights therein, which are provided by Client to Eide Bailly in furtherance of this Agreement. b) “Deliverables” means only those tangible items Eide Bailly agrees in writing to provide to Client in a Statement of Work. 154 August 2025 c) “Design Documentation” means a written description of requirements or functionality created through a collaborative process between Eide Bailly and Client for the purpose of analysis, planning, and implementation of the Services and/or Deliverables. d) “Intellectual Property Rights” means patents, patent applications, patent rights, trademarks, trademark registrations, trademark applications, service marks, business marks, trade names, brand names, all other names and slogans embodying business or product goodwill (or both), copyright registrations, copyrights (including those in computer programs, software such as source code and object code, development documentation, programming tools, drawings, specifications and data), trade secrets, proprietary information, know-how, mask works, industrial designs, processes and technical information and all related rights now existing or hereafter created. e) “Preexisting Materials” means Eide Bailly’s proprietary business information, methodologies, programming, tools, know-how, procedures, utilities, algorithms, models, software libraries, source code, design, products, platform, and documents, and all Intellectual Property Rights therein. f) “Services” means only those technology consulting services Eide Bailly agrees in writing to provide to Client in a Statement of Work. g) “Software” means all computer code and related uses of information technology including but not limited to, all documentation, manuals, and instructions, that is used, designed, developed, and/or implemented by Eide Bailly for Client under this Agreement. h) “Third-Party Software” means all software that is owned by an entity other than Eide Bailly or Client and is being used by Eide Bailly to provide the Services and/or Deliverables to Client. 16. Usage. All terms defined herein shall include the plural as well as the singular. Any undefined term shall be defined according to its plain English definition. 155 Statement of Work – Tax Consulting – Energy Incentives-General (August 2026) August 6, 2026 Client ID: 262540 City of Bozeman 20 E Olive St Bozeman, MT 59715 This document constitutes a statement of work ("SOW") under the most recently executed Master Services Agreement ("MSA"), made by and between Eide Bailly Advisory LLC (“Eide Bailly”, "we," "us," and "our") and the City of Bozeman (“Client”, "you," or "your”). We are pleased to confirm our understanding of the terms and objectives of our engagement and the nature and limitations of the services we will provide you related to the qualified energy property as defined under Section 48E Clean Electricity Investment Credit. Scope of Tax Consulting Services We will provide tax consulting services as requested. Our services will remain advisory in nature. We cannot act in a capacity equivalent to that of a member of management or of an employee. Decision making and oversight of services must remain the responsibility of management. Eide Bailly will serve only in a review role, evaluating the documentation provided by and to the City of Bozeman regarding supplier certifications, if the project was financed with tax-exempt funds, as well as the solar facility's start of construction or safe harbor determination. The scope of the tax consulting services will be to qualify energy projects and document incentives available to the City of Bozeman under Section 48E Clean Electricity Credit related to the qualified energy project(s) located at the following location(s): 2245 Springhill Rd, Bozeman, MT 59718 Our Section 48E analysis and Section 6417 tax consulting services include: Consulting management on the existing regulations and current guidance. Discussing with relevant parties on the qualifying criteria. Review financing structure and evaluate impacts on available credits. Review beginning of construction and placed in service dates documentation. Determine unit of energy property and evaluate number of energy project(s). Cost engineering to determine the appropriate basis of, including treatment of indirect costs under Section 263A and other applicable code sections. Analysis of qualified costs (functionally interdependent analysis, incremental costs, and allocation). Performance of a site visit which will include photographs of qualifying components, as applicable. Draft applicable IRS forms and election statements. Provide a deliverable report, technical calculation, and supporting documentation to assist in substantiating the applicable credits. Assist with the IRS pre-registration filing requirements related to Section 6417 Elective Pay, if applicable. Evaluate and document the domestic content exceptions under Section 6417, if applicable. Prepare and electronically file Exempt Organization Business Income Tax Return (Form 990-T) to claim the applicable credits, if applicable. 156 Domestic Content review services include: Review BABA contractual language in construction contracts. Review the direct costs of the manufactured product subcomponents and sourcing information. Review sourcing documentation for all iron, steel, and construction materials, excluding cement and cementitious materials, aggregates. Review any additional information required for documenting and reporting domestic content qualifications are met. Verify the equipment manufactured in the U.S. meet the manufactured component percentages and definitions under BABA. Prohibited Foreign Entities (PFE) services include, if applicable: PFE Taxpayer Evaluation services will include the following: Ownership Structure Review: Read documentation provided by the city to evaluate whether the Company is directly or indirectly owned or controlled by a specified foreign entity or foreign-influenced entity, including review of organizational charts, governing documents, and ownership records to determine if any foreign person or entity meets the relevant thresholds for control or influence. Contractual Documentation Review: Assess whether any contractual arrangement, including licensing, service, or supply agreements, confers "effective control" to a specified foreign entity. Debt and Financing Review (Prohibited Foreign Entity / Foreign-Influenced Entity Analysis): Evaluate project financing arrangements to assess whether debt ownership or related contractual rights involving specified foreign entities create foreign influence, trigger prohibited foreign entity status, or pose recapture risk. Material Assistance from PFE services will include the following: Review of material assistance report and documentation from solar provider which confirms the following: Whether the design of the property is based on any copyright, patent, know-how, or trade secret held by a prohibited foreign entity, or whether any licensing or technology transfer agreement with a specified foreign entity confers rights or control that would trigger the "effective control.” Whether any component, subcomponent, or applicable critical mineral incorporated into the qualified facility, energy storage technology, or interconnection property is extracted, processed, recycled, manufactured, or assembled by a specified foreign entity or otherwise constitutes "material assistance from a prohibited foreign entity." Equipment vendor contractual language, including purchase agreements, supply contracts, and related documents, identifies any direct or indirect involvement of a specified foreign entity or foreign-influenced entity in the supply chain or project execution. Sourcing of manufactured product subcomponents and related information to determine the origin of all manufactured products, components, and critical minerals incorporated into the property. Supplier certifications and documentation substantiate that the property is not produced or manufactured by a prohibited foreign entity and that the supplier does not know or have reason to know of any prior supplier in the chain of production being a prohibited foreign entity. Certifications (with EIN or foreign equivalent) will be signed under penalty of perjury, and retained for at least 6 years. Throughout the course of the consulting engagement, we may identify other consulting services and opportunities. We will discuss with you any such scope under a separate engagement letter. Should the Company request tax consulting services in conjunction with the IRS collection action related to the applicable credit (the “Collection”), our services will consist of: Representing the City of Bozeman before the IRS, 157 Consulting with the City of Bozeman regarding the Collection of the applicable credit, and For other year end matters in the event that the IRS expands the scope of its investigation. Representation before the IRS will include representation before IRS agents and officials including IRS Revenue Agents or Appeals Officers. This does not include representation before the U.S. Tax Court or other Federal Courts, which must be done by separate engagement. If, during our work, we discover information that affects prior-year tax returns, we will make you aware of the facts. However, we cannot be responsible for identifying all items that may affect prior-year returns. If you become aware of such information during the year, please contact us to discuss the best resolution of the issue. We can prepare appropriate amended returns as a separate engagement. Your Responsibilities It is your responsibility to provide all the information required to provide our services. We may provide you with a questionnaire or other document requesting specific information. Providing that information will assist us in making sure you are well served for a reasonable fee. You represent that the information you are supplying to us is accurate and complete to the best of your knowledge and that you have disclosed to us all relevant facts affecting our services. We will not verify the information you give us; however, we may ask for additional clarification of some information. If you provide us with original records in conjunction with this engagement, we will not keep those original records, rather return those to you upon the completion of the engagement. When records are returned to you, it is your responsibility to retain and protect the records for possible future use, including potential examination by governmental or regulatory agencies. Other Matters Certain communications involving tax advice are privileged and not subject to disclosure to the IRS. By disclosing the contents of those communications to anyone, or by turning over information about those communications to the government, you may be waiving this privilege. To protect this right to privileged communication, please consult with us or your attorney prior to disclosing any information about our tax advice. Should you decide that it is appropriate for us to disclose any potentially privileged communication, you agree to provide us with written, advance authority to make that disclosure. Should we receive any request for the disclosure of privileged information from any third party, including a subpoena or IRS summons, we will notify you. In the event you direct us not to make the disclosure, you agree to hold us harmless from any expenses incurred in defending the privilege, including, by way of illustration only, our attorney’s fees, court costs, outside adviser’s costs, or penalties or fines imposed as a result of your asserting the privilege or your direction to us to assert the privilege. The taxpayer authorizes that any and all information furnished to us for or in connection with the preparation of tax returns under this SOW may be disclosed to Eide Bailly Shared Services Private Limited, located outside the United States, engaged directly or indirectly in providing tax planning or preparation of tax returns. Disclosures under this paragraph may consist of all information contained in tax returns. The taxpayer acknowledges that their tax return information may be disclosed to our affiliates, related entities or subcontractors located outside the United States. Engagement Administration Eide Bailly Advisory LLC operates in an alternative practice structure with Eide Bailly LLP. Eide Bailly LLP is a licensed CPA firm and provides audit and attest services to its clients. Eide Bailly Advisory LLC is not a licensed CPA firm and does not provide audit or attest services. You understand that you have retained Eide Bailly 158 Advisory LLC for purposes of this engagement. Services provided to you by Eide Bailly LLP, if any, are governed by separate statement(s) of work. To the extent you have separately engaged Eide Bailly LLP to provide services, you hereby consent and authorize us to share with Eide Bailly LLP any information that we may obtain, or have obtained, from you or on your behalf in the course of our current or prior engagement(s). Eide Bailly Advisory LLC has owners that are not licensed as certified public accountants as permitted under Section 5079 of the California Business Code. The nature of the services to be provided in conjunction with this engagement are such that non-licensee owners may be involved in performing our services. Engagement Fees Fees for our tax consulting services will be billed at the appropriate fee for the services rendered, plus out-of- pocket expenses, administrative charges and a 5% technology fee. All bills are payable upon receipt. A service charge of 1% per month, which is an annual rate of 12%, will be added to all accounts unpaid 30 days after billing date. We may bill you on an interim basis prior to completion of this engagement. We estimate that our fees for the tax consulting services to be as follows: Scope Fees Section 48E Analysis $30,000 Domestic Content +10% Bonus Credit $5,000 Prohibited Foreign Entities (if applicable) $15,000 Monetization: 6417 (if applicable) $1,500 Total $51,500 Upon execution of this SOW, you understand and agree that we will invoice you an advance fee totaling $5,000. The ability to effectively and efficiently perform our engagement depends upon the quality of your underlying records and the timeliness of providing information and responding to our requests. A lack of preparation, including not providing this information in a complete, accurate and timely manner may result in an increase in our fees and/or a delay in the completion of our engagement. We will advise you if unexpected circumstances require significant additional procedures resulting in a substantial increase in the fee estimate. Changes in Tax Laws and Regulations Tax laws and regulations and/or their interpretation are subject to change at any time, and such changes may be retroactive in effect and may be applicable to advice given or other services rendered before their enactment dates. We do not assume responsibility (and will have no liability) for such changes occurring after the date we have completed our services. Any advice we may provide is based upon tax reference materials, facts, assumptions, and representations that are subject to change. We will not update our advice after the conclusion of the engagement for subsequent legislative or administrative changes or future judicial interpretations. Termination The engagement contemplated by this SOW shall terminate upon the earlier of completion of the services described herein or as described in the MSA. Agreement We appreciate the opportunity to provide the services described in this SOW under the MSA and believe this SOW accurately summarizes the significant terms of our tax engagement. This SOW and the MSA constitute the entire agreement regarding these services and supersedes all prior agreements (whether oral 159 or written), understandings, negotiations, and discussions between you and Eide Bailly related to these tax services. If you have any questions, please let us know. Please sign, date, and return this SOW to us to indicate your acknowledgment and understanding of, and agreement with, the arrangements for our tax preparation services, including the terms of our engagement and the parties' respective responsibilities. By signing this SOW, you represent and warrant that you are authorized to sign on behalf of and bind each client and any affiliate identified herein. Sincerely, Eide Bailly Advisory LLC AGREED TO AND ACCEPTED: Name: _______________________________________________________________ Title: ________________________________________________________________ Date: ________________________________________________________________ 160 Memorandum REPORT TO:City Commission FROM:Griffin Nielsen, Water Resources Engineer Shawn Kohtz, Director of Utilities SUBJECT:Authorize the City Manager to Sign a Task Order 1 of the Professional Services Master Task Order Agreement with HDR Engineering, Inc., for Implementation of the Water Treatment Plant Power Study Recommendations MEETING DATE:August 18, 2026 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign Task Order 1 of the Professional Services Master Task Order Agreement with HDR Engineering, Inc., for implementation of the Water Treatment Plant Power Study recommendations. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:HDR Engineering, Inc. provides professional engineering services on an on- call basis for City of Bozeman’s Water Treatment Division under a Master Task Order Professional Services Agreement, authorized by the City Commission on June 3rd, 2025. The Sourdough Water Treatment Plant (WTP) has experienced an elevated rate of failure of the plant’s surge protective devices. HDR Engineering was contracted to conduct a power study to investigate the cause of the failures and identify potential corrective measures. The power study has been completed and recommends replacement of eight faulty surge protection devices (SPDs) and further evaluation of the plant’s existing harmonics filter. Task Order No. 1 provides engineering support to implement the recommendations of the power study. The scope includes coordination and inspection associated with replacement of the eight SPDs and coordination with Schneider Electric to evaluate the existing harmonics filter and determine whether additional corrective measures are warranted. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the Commission 161 FISCAL EFFECTS:Task Order 1 has a total cost of $23,334. Funding will be provided from the Water Treatment Plants operations budget, which has $50,000 reserved for on-call engineering services in FY27; as such, adequate funding exists. Attachments: 2026 WTP Oncall_HDR_TO No. 1_WTP Power Study Implementation_Final.pdf Report compiled on: August 6, 2026 162 WTP On-Call; Task Order No. 1 Exhibit A to Professional Services Agreement TASK ORDER NUMBER 01 Issued under the authority of Professional Services Agreement between the City of Bozeman and HDR Engineering, Inc. for: City of Bozeman Hyalite/ Sourdough Water Treatment Plant Power Study Implementation , 2026 between City of Bozeman (City) and This Task Order is dated August 18th HDR Engineering, Inc. (Contractor). The following representatives have been designated for the work performed under this Task Order: City: Griffin Nielsen Contractor: Jarrett Moran SCOPE OF WORK: (attach additional sheet(s) as required) 1.See Attachment No. 1 for Task Order No. 1 Scope of Services.2.See Attachment No. 2 for Task Order No. 1 Fee Estimate. COMPENSATION: The anticipated level of effort for the above Task Order items is based upon the hour projection and expense projection presented in Attachment No. 2. The anticipated cost for services for the above Task Order items, to be completed on a Time and Materials Basis not to exceed without prior authorization, is as presented in Attachment No. 2. Contractor shall be reimbursed on a Time and Materials basis not to exceed the budget amounts presented, without prior written authorization from the City of Bozeman. Contractor shall notify the City of Bozeman prior to executing additional work and shall not proceed with additional work without written authorization from the City of Bozeman. Contractor shall invoice no more often than monthly for services provided in the prior month. The provisions of the Professional Services Master Task Order Agreement and any Special Terms and Conditions and/or Exhibits or Attachments to this Task Order shall govern the Work. IN WITNESS WHEREOF, the parties authorized to commit resources of the companies have executed this Task Order: City of Bozeman HDR Engineering, Inc. By: By: Title: Title: Date: Date: Fed. ID. No. 163 City of Bozeman | WTP On-Call Hyalite/Sourdough WTP Power Study Implementation Scope of Services hdrinc.com 2150 Analysis Drive, Suite A, Bozeman, MT 59718-3820 (406) 577-5015 1 Attachment No. 1 Hyalite/Sourdough WTP Power Study Implementation Scope of Services Introduction The City of Bozeman (City) Hyalite/Sourdough Water Treatment Plant (WTP) has surge protective devices (SPDs) located within their motor control centers (MCCs) that have failed at an unusual rate. This task order is intended to provide coordination and support for the implementation of the recommendations from the 2023 Power Quality Study, which includes the replacement of eight (8) failed SPDs and verification of proper operation following installation, review of the installation of the harmonics filter, including recommended maintenance and adjustments, as needed to reduce current distortion, by a Schneider Electric Field Representative. Task 100 – Project Management Objective and Approach Provide project management and administrative activities throughout the duration of the task order that will generally include the following: • Invoicing, work planning, and administrative activities to manage scope, budget, and schedule relative to activities summarized within this scope of services. Deliverables • Monthly invoices. • Memoranda and meeting notes, as required. City Involvement • Participate in telephone calls and meetings. • Participate in project meetings. • Review project status reports and invoices. • Review modifications to approach, schedule, and deliverables as appropriate. Task 200 – Power Study Implementation Support Objective and Approach Provide coordination and support for the implementation of the 2023 Power Quality Study recommendations. Subtask 201 - Surge Protective Device (SPD) Support Provide coordination and support for the City, Schneider Electric, and the City’s selected On- Call Electrical Contractor (Electrical Contractor) to procure and install new modules (TVS4IMA16M) and displays (TVS3DSPVC) for eight (8) failed SPD units, and to provide technical assistance and post-installation verification of new SPD operation and diagnostic indications. It is anticipated that the procurement of new equipment by the Electrical Contractor 164 City of Bozeman | WTP On-Call Hyalite/Sourdough WTP Power Study Implementation Scope of Services hdrinc.com 2150 Analysis Drive, Suite A, Bozeman, MT 59718-3820 (406) 577-5015 2 will be through Schneider Electric’s Warranty Claim Process, and a Schneider Electric Distributor. SUBTASK 201 ASSUMPTIONS • HDR will perform visual verification of installed SPD modules and displays during the site visit. Detailed electrical testing beyond manufacturer startup procedures is excluded. • Meetings: o Two (2) 1-Hour Meetings for Two (2) HDR Staff (PM and Electrical Engineer). • Site Visits: o One (1) 4-Hour Site Visit for One (1) HDR Staff (Electrical Engineer). Subtask 202 – Harmonic Filter Evaluation, Maintenance, and Adjustment Support Provide coordination and support for the City and a Schneider Electric Field Representative to evaluate the existing AccuSine harmonic filter and components located at the main switchgear, and provide recommended maintenance and adjustments (e.g., tune filter, verify filter control settings, balance system loading, increase filter capacity, verify resonance conditions, etc.) to evaluate existing harmonic filter performance, identify factors contributing to elevated current distortion, implement adjustments where feasible, and document resulting system performance. If evaluation determines that additional equipment, filter modifications, or system upgrades are required to achieve target harmonic performance levels, HDR will document recommendations for future consideration by the City. SUBTASK 202 ASSUMPTIONS • Schneider Electric will provide technical recommendations and necessary measurements associated with harmonic filter evaluation activities. • Meetings: o Two (2) 1-Hour Meetings for Two (2) HDR Staff (PM and Electrical Engineer). • Site Visits: o One (1) 2-Hour Site Visit for PM. o One (1) 8-Hour Site Visit for Electrical Engineer. • There is potential for supply-side adjustment recommendations based on the harmonic filter evaluation. Supply-side adjustment recommendations will be noted in the technical memorandum. Deliverables • Technical Memorandum documenting harmonic filter evaluation findings, observed harmonic performance, recommendations provided by Schneider Electric, and any recommended future actions. Task 200 Assumptions • Additional power quality assessment, analysis, or monitoring services are not anticipated as part of Task Order No. 1. The scope of work is limited to the activities identified herein. Should subsequent findings indicate a need for further power quality studies, extended monitoring, or additional engineering analysis, such services will be addressed separately and may require separate authorization and funding approval by the City. 165 City of Bozeman | WTP On-Call Hyalite/Sourdough WTP Power Study Implementation Scope of Services hdrinc.com 2150 Analysis Drive, Suite A, Bozeman, MT 59718-3820 (406) 577-5015 3 • Work associated with Task Order No. 1, including the removal of existing equipment and installation of any new equipment, will be performed by the City’s Electrical Contractor. The Contractor shall be responsible for all field labor, installation activities, and coordination necessary to complete the Work in accordance with applicable codes, specifications, and manufacturer requirements. • It is anticipated that the eight (8) failed SPD units will be replaced through Schneider Electric’s Warranty Claim Process. However, if Schneider Electric does not honor the good-faith replacement commitment discussed and documented in an April 27, 2023, email, new SPD units will be procured through the City’s Electrical Contractor. In that event, the City will be responsible for material, labor, and installation costs associated with the replacement of the failed units. • The City will be responsible for service charges, including labor, travel, and any expenses associated with the evaluation, adjustment, troubleshooting, and maintenance of the harmonic filter performed by a Schneider Electric Field Representative. • Review of power quality measurements generated by existing plant instrumentation following harmonic filter adjustments is included. Additional long-term monitoring or deployment of temporary power quality analyzers is excluded. • The Power Quality Study completed in 2023 identified elevated current distortion but did not establish the root cause of the condition, the specific corrective actions required to achieve desired harmonic performance cannot be fully defined until Schneider Electric completes its evaluation. If additional corrective measures, equipment modifications, or engineering analysis are determined to be necessary, HDR will provide recommendations and assist the City in developing an appropriate path forward under a separate scope authorization, if requested. City Involvement • Participate in telephone calls and meetings. • Participate in project meetings. • Provide access, as required, for work associated with Subtask 201 and 202. • Provide access to available plant power monitoring data and assist with coordination of Schneider Electric field service visits. 166 Attachment No. 2 Client: Project: Project Manager Electrical Engineer Accountant Project Admin Total Hours Labor TOTAL DIRECT EXPENSES Total Fee $267.00 $245.00 $134.00 $126.00 Task 100 101 4 6 6 16 4 6 16 2,628 200 201 201.1 2 10 12 2,984 201.2 2 2 4 1,024 201.3 16 16 3,920 201.4 2 2 2,004 202 202.1 4 6 10 2,538 202.2 2 2 4 1,024 202.3 2 20 22 5,434 12 58 70 18,928 16 58 6 86 21,556$ 1,778$ 23,334$ DIRECT EXPENSES $QTY Total Cost Travel Expenses Meals (per day)$25.00 4.00 $100.00 Lodging (per day)$300.00 2.00 $600.00 Vehicle Mileage (per mile)$0.88 1225.00 $1,078.00 $1,778.00 August 5, 2026 Project Management Project Management Power Study Implementation Support Subtotal Project Management City of Bozeman HyaliteSourdough WTP Power Study Implementation Fee Estimate Task Description Billable Rate TOTAL DIRECT EXPENSES Surge Protective Device (SPD) Support General Coordination Meetings Site Visits Harmonic Filter Evaluation, Maintenance, and Adjustment Support Technical Memorandum Subtotal Power Study Implementation Support General Coordination Meetings Total Fee Total Hours Site Visits 167 Memorandum REPORT TO:City Commission FROM:Shane Miller, Facilities Project Coordinator David Arnado, Facilities Superintendent Jon Henderson, Assistant City Manager SUBJECT:Authorize the City Manager to Sign a Professional Service Agreement with Mesa Moving and Storage for the Bozeman Public Library Children's Room Renovation Project MEETING DATE:August 18, 2026 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a Professional Service Agreement with Mesa Moving and Storage for the Bozeman Public Library Children's Room Renovation Project STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:The City of Bozeman is renovating the Bozeman Library's Children's Room to achieve the following goals: Improved safety and security through redesign of the service counter, lines of ingress and lines of egress. Replace the original furnishings, carpet, and shelving with modern and more functional pieces. Additional office space for several department employees. New appliances for cleaning and sanitization. As part of the Children's Room Renovation project it will be necessary for the current collection to be relocated in part to the Community Room and in part to offsite conditioned storage. For this type of complex move, it will require the City to procure professional moving service to ensure a smooth transition for all City stakeholders as well as the Public. UNRESOLVED ISSUES:None. ALTERNATIVES:As directed by the City Commission. FISCAL EFFECTS:Costs associated with this Agreement ($21,430.25) will be paid using funds contributed by Gallatin County, the Library Depreciation Fund, and the Library Friends & Foundation private donations. Future construction costs will be funded by donor gifts through the Library Friends & Foundation. Attachments: Professional Service Agreement (Mesa Moving & Storage).pdf 168 Report compiled on: July 21, 2026 169 Professional Services Agreement for Bozeman Library Children’s Room Renovation Page 1 of 13 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 18th day of August, 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, Mesa Moving & Storage, hereinafter referred to as “Contractor.” 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 to this Agreement agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2. Term/Effective Date: This Agreement is effective upon the Effective Date and will expire on the 18th day of August, 2027, unless earlier terminated in accordance with this Agreement. 3. Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. See Exhibit A. 4. Payment: City agrees to pay Contractor the amount specified in the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by City and will become an additional charge over and above the amount listed in the Scope of Services. City must agree in writing upon any additional charges. 170 Professional Services Agreement for Bozeman Library Children’s Room Renovation Page 2 of 13 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor represents and warrants: 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 has the experience and ability to perform the services required by this Agreement. c. Contractor will perform the services in a professional, competent, and timely manner and with diligence and skill. d. Contractor has the power to enter into and perform this Agreement. e. Contractor’s performance of this Agreement must 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. Contractor agrees 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: The Parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of City for any purpose. Contractor is not subject to the terms and provisions of City’s personnel policies handbook and is not considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent City or otherwise bind City in any dealings between Contractor and any third Parties. Contractor must 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 must maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor must furnish 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. 171 Professional Services Agreement for Bozeman Library Children’s Room Renovation Page 3 of 13 7. Labor Relations: If any labor problems or disputes arise during this Agreement, which cause any services to cease for any period of time, Contractor agrees to take immediate steps in its discretion, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. Contractor bears all costs of any related legal action. Contractor must provide immediate relief to City so as to permit the services to continue at no additional cost to City. Contractor acknowledges and agrees that City will not be a Party to any labor disputes between Contractor and any subcontractors or third Parties. 8. Indemnity: 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 Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of 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 Contractor or Contractor’s agents or employees. For any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes, Contractor must 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. Contractor’s obligations in this Section must 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). 172 Professional Services Agreement for Bozeman Library Children’s Room Renovation Page 4 of 13 Contractor’s indemnity under this Section must 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 Contractor to assert its right to defense or indemnification under this Agreement or under Contractor’s applicable insurance policies required below, the City must 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 Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. These obligations must survive termination of this Agreement and the services performed hereunder. 9. Insurance: In addition to and independent from Contractor’s indemnity obligations under Section 9, Contractor must, 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 Contractor in this Section. The insurance coverage must not contain any exclusion for liabilities specifically assumed by Contractor in Section 9. The insurance must be occurrence-based, and cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by City without limit and without regard to the cause. Contractor must furnish to 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 claim; $2,000,000 per occurrence; Commercial General Liability - $1,000,000 per claim; $2,000,000 per occurrence; Automobile Liability - $1,000,000 per property damage claim and $1,000,000 per bodily injury claim; $2,000,000 per accident; and The above amounts must be exclusive of defense costs. City must be endorsed as an additional insured on a primary non-contributory basis on the Commercial General, Employer’s 173 Professional Services Agreement for Bozeman Library Children’s Room Renovation Page 5 of 13 Liability, and Automobile Liability policies. The insurance and required endorsements must be approved by City and must include no less than a thirty (30) day notice of cancellation or non- renewal. Contractor must 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. City must approve all insurance coverage and endorsements prior to Contractor commencing work. Alternative: Contractor must provide City a certificate of insurance prior to commencing work. City must approve the limits shown on the certificate prior to commencing work. City’s approval of the limits does not relieve Contractor of Contractor’s obligation to ensure the insurance meets the requirements. 10. Waiver of Claims: Contractor also waives any and all claims and recourse against 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. 11. 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, City may, by written notice, terminate this Agreement and Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). 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 12, Contractor must be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 12 must be in addition to any other remedies to which City may be entitled under the law or at equity. d. In the event of termination under this Section 12, Contractor must, 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. 12. Termination for City’s Convenience: 174 Professional Services Agreement for Bozeman Library Children’s Room Renovation Page 6 of 13 a. Should conditions arise which, in the sole opinion and discretion of City, make it advisable to City to cease performance under this Agreement, City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination must be effective in the manner specified in the Notice of Termination for City’s Convenience and must be without prejudice to any claims that City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, Contractor must 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 must immediately cancel all existing orders or contracts upon terms satisfactory to City. Contractor must do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 13, 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 13(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor must, 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. 13. Intellectual Property and Ownership of Work Product: a. Title and Ownership Rights. City retains title to and all ownership rights in all Work Product. “Work Product” includes all materials, tangible or not, created in whatever medium pursuant to this Agreement, including but not limited to publications, promotional or educational materials, reports, manuals, specifications, drawings and sketches, computer programs, software and databases, schematics, marks, logos, graphic designs, notes, data and content, including but not limited to multimedia or images (graphics, audio, and video), matters and any combinations of, and all forms of intellectual property. b. Ownership of Work Product. Contractor must execute any documents or take any other actions as may reasonably be necessary, or as City may reasonably request, to perfect City’s ownership of any Work Product. Contractor must, at no cost to City, deliver to City, upon City request during the term of this Agreement or at its expiration or termination, a current copy of all Work Product in the form and on the media in use as of the date of City’s request, or such expiration or termination. c. Return of Physical Property. Upon expiration or termination of this Agreement, Contractor agrees to return to City all City property, including but not limited to any and all 175 Professional Services Agreement for Bozeman Library Children’s Room Renovation Page 7 of 13 physical items such as documentation, records, and equipment, which is in Contractor’s possession or under Contractor’s control. Contractor must submit to City a detailed account of all of City’s property in its possession or under Contractor’s control. Contractor must return City’s property in a method acceptable to City within ten (10) working days. Unless otherwise mutually agreed upon by the Parties, at no time must any of City’s property be retained by Contractor upon expiration or termination of this Agreement. d. Return of Data. Upon expiration or termination of this Agreement, Contractor agrees to return to City all City data. Contractor must submit to City a detailed account of all of City’s data in its possession or under Contractor’s control. Contractor must return City’s data in a format acceptable to City within ten (10) working days. At no time must any data or processes that either belong to or are intended for use of City or its officers, agents, or employees, be copied, disclosed, or retained by Contractor upon expiration or termination of this Agreement. e. Destruction of Data. If requested by City, Contractor agrees to destroy all of City’s data in its possession. When requested by City to destroy City’s data, Contractor agrees to permanently delete the data and ensure that it is not recoverable, in accordance with National Institute of Standards and Technology (NIST) SP 800-88 “Media Sanitation Guidelines.” f. Certification. In all cases, Contractor will certify that all of City’s information processed during the performance of the services will be completely purged from all physical and electronic data storage with no output to be retained by Contractor at the time the work is completed, the Agreement is terminated, or upon written request of City. 14. 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 must 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 must 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 must waive all rights to assert such claim. 15. Representatives and Notices: a. City’s Representative: City’s Representative for the purpose of this Agreement must be Shane Miller, Project Manager or such other individual as City must designate in writing. 176 Professional Services Agreement for Bozeman Library Children’s Room Renovation Page 8 of 13 Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission must be directed to City’s Representative and approvals or authorizations must 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 City in writing and may receive approvals or authorization from such persons. b. Contractor’s Representative: Contractor’s Representative for the purpose of this Agreement must be Colton Head, Area Sales Manager, or such other individual as Contractor must designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication must 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 must be in writing and must be provided to the Representatives named in this Section. Notices must 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. 16. Permits: Contractor must 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. 17. Laws and Regulations: Contractor must 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. 18. Generative Artificial Intelligence (AI): Contractor must inform the City’s representative of its intention to utilize Generative AI to fulfill the deliverables or services detailed in the Scope of Services. City’s representative may, in their discretion, permit or deny Contractor’s use of Generative AI. If Contractor is permitted to use Generative AI, Contractor agrees to review 177 Professional Services Agreement for Bozeman Library Children’s Room Renovation Page 9 of 13 any work created by Generative AI for accuracy, bias, and copyright infringement. Contractor agrees it will never submit any confidential or personal identifiable information acquired through this Agreement into a Generative AI system. For the purposes of this section, Generative AI is defined as a deep learning model that can generate high quality content such as stories or writings, images, voice replication and music. 19. Nondiscrimination and Equal Pay: Contractor agrees that all hiring by Contractor of persons performing this Agreement must be on the basis of merit and qualifications. Contractor must have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. Contractor cannot 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. Contractor is subject to and must comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to 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 must require these nondiscrimination terms of its subcontractors providing services under this Agreement. 20. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor must 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 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 must 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 must have the right to request proof of such compliance and Contractor must be obligated to furnish such proof. Contractor must be responsible for instructing and training Contractor's employees and 178 Professional Services Agreement for Bozeman Library Children’s Room Renovation Page 10 of 13 agents in proper and specified work methods and procedures. Contractor must provide continuous inspection and supervision of the work performed. Contractor is responsible for instructing its employees and agents in safe work practices. 21. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both Parties. Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 22. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor must allow City, its auditors, and other persons authorized by 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. Contractor cannot issue any statements, releases or information for public dissemination without prior approval of City. 23. 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. 24. 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 in this Agreement, the prevailing Party or the Party giving notice is entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 25. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 26. Dispute Resolution: a. Any claim, controversy, or dispute between the Parties, their agents, employees, or representatives must be resolved first by negotiation between senior-level personnel from each 179 Professional Services Agreement for Bozeman Library Children’s Room Renovation Page 11 of 13 Party duly authorized to negotiate settlement agreements. Upon mutual agreement of the Parties, the Parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. The Parties must attempt to resolve by negotiation within 90 days after the claim, controversy, or dispute has arisen. b. If the Parties are unable to resolve the dispute pursuant to subsection (a), then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. In such a case, all court actions must be commenced within 1 year after the settlement procedure in subsection (a) has been exhausted. 27. Survival: Contractor’s indemnification must survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 28. Headings: The headings used in this Agreement are for convenience only and are not to be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 29. Severability: If any portion of this Agreement is held to be void or unenforceable, all other provisions of this Agreement must remain in effect. 30. Applicable Law: The Parties agree that this Agreement is governed by the laws of the State of Montana. 31. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the Parties. 32. 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. 33. Counterparts: This Agreement may be executed in counterparts, which together constitute this Agreement. 34. 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 oral or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a 180 Professional Services Agreement for Bozeman Library Children’s Room Renovation Page 12 of 13 part of this Agreement by reference. 35. 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. 36. Extensions: This Agreement may, upon mutual agreement, be extended for a period of up to one year at a time by written agreement of the Parties. In no case, however, may this Agreement run longer than five (5) years from the effective date of this Agreement. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 181 Professional Services Agreement for Bozeman Library Children’s Room Renovation Page 13 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 Mesa Moving & Storage_______________ CONTRACTOR By________________________________ By__________________________________ Chuck Winn, City Manager Print Name: Colton Head________________ Print Title: Area Sales___________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 182 Colton Head Mesa Moving & Storage | Utah - Idaho - Colorado - Montana | www.mesamoving.com Pricing Proposal for: Bozeman Public Library Project Name: Bozeman Public Library Quoted By: 183 Dear Becky Kasten > A hassle-free transition > Comprehensive process management by myself and the Mesa Commercial Team > Effective and timely communication, including flexibility > Ample resources and specialized equipment to complete your project on-time Thank you! Sincerely, Colton Head Colton Head Area Sales P: E: 7/15/2026 (406) 551-7912 chead@mesamoving.com Mesa Moving & Storage | Utah - Idaho - Colorado - Montana | www.mesamoving.com Thank you for your interest in Mesa Moving & Storage. It is our pleasure to help coordinate the commercial services for your upcoming project. We greatly appreciate the opportunity to submit the following proposal for your consideration. We are confident that our proposal and plan address all of your needs and concerns, specifically: Our goal is to exceed your expectations while providing the best service available. If any of your concerns have not been addressed in this proposal, please let us know. Throughout our combined 40-years of experience with office moving we have had the opportunity to help hundreds of companies accomplish their projects worry-free and within budget. We urge you to contact our references to confirm our commitment to quality, reliability, and unwavering customer service. After reviewing this proposal, we are confident you will conclude Mesa Moving & Storage is the best solution for your relocation. We look forward to being a valuable member of your project team from planning through successful completion. 184 Bozeman Public Library QUOTE DATE: 7/15/2026 Presented To 626 E Main St. | , Bozeman MT Cost $1,800.00 $1,764.00 $7,091.00 $5,268.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $15,923.00 Valuation Coverage $986.00 $3,071.25 $1,450.00 $21,430.25 Contract price terms:Time & Materials Time and Material - "T&M" is a method of billing the project owner based on hourly labor rates, cost of materials and equipment in accordance with the contract documents. Mesa Moving & Storage | Utah - Idaho - Colorado - Montana | www.mesamoving.com Date Signature By signing below, you are accepting our pricing proposal, moving schedule, valuation coverage, and terms as specified in this document Acceptance Phase 5 Office Relocation Project Subtotal Total Cost Warehouse/Storage Services Commercial Service Quote Bozeman Public Library Move Estimate for Commercial Relocation/Warehouse Services Item Becky Kasten Phase 1 Phase 2 Phase 3 Phase 4 Warehouse Valuation Coverage Phase 6 Phase 7 Phase 8 Phase 9 Phase 10 Phase 11 Phase 12 Phase 13 Phase 14 Phase 15 185 Event Name Phase Date of Event Start Time Origin Address Destination Address Move out 1 11/2/2026 8am OA DA 1 Event Overview/Scope Man Power/Vehicles Amount Qty/Hr/Day Driver 1 70.00$ Per Hr. X 6 Hrs. = $420.00 Movers 1 65.00$ Per Hr. X 6 Hrs. = $390.00 Straight Truck 1 72.00$ Per Hr. X 6 Hrs. = $432.00 Energy Fee (per truck per day covers 100 miles)1 75.00$ Per Day X 6 Day = $450.00 Subtotal:$1,692.00 Materials Amount Qty Labels 1 25.00$ Each 1 = $25.00 Shrink Wrap 2 25.00$ Each 2 = $50.00 Equipment Amount Rate Days Library Carts-per day 11 3.00$ Each 1 = $33.00 $108.00 $1,800.00 Quoted Price Quoted Price Materials & Equipment Subtotal: Event Total: Quoted Price Event Details 186 Event Name Phase Date of Event Start Time Origin Address Destination Address Move back 2 TBD 8am OA DA 1 Event Overview/Scope Man Power/Vehicles Amount Qty/Hr/Day Driver 1 70.00$ Per Hr. X 8 Hrs. = $560.00 Movers 1 65.00$ Per Hr. X 8 Hrs. = $520.00 Straight Truck 1 72.00$ Per Hr. X 8 Hrs. = $576.00 Energy Fee (per truck per day covers 100 miles)1 75.00$ Per Day X 1 Day = $75.00 Subtotal:$1,731.00 Materials Amount Qty Equipment Amount Rate Days Library Carts-per day 11 3.00$ Each 1 = $33.00 $33.00 $1,764.00 Quoted Price Event Details Quoted Price Materials & Equipment Subtotal: Event Total: Quoted Price 187 Event Name Phase Date of Event Start Time Origin Address Destination Address Rack move 3 8am Extra OA DA 1 Event Overview/Scope Man Power/Vehicles Amount Qty/Hr/Day Driver 1 70.00$ Per Hr. X 20 Hrs. = $1,400.00 Movers 3 65.00$ Per Hr. X 20 Hrs. = $3,900.00 Straight Truck 1 72.00$ Per Hr. X 20 Hrs. = $1,440.00 Energy Fee (per truck per day covers 100 miles)3 75.00$ Per Day X 1 Day = $225.00 Subtotal:$6,965.00 Materials Amount Qty Equipment Amount Rate Days 4-Wheel Dollies 3 1.00$ Each 2 = $6.00 Speed Packs Rental 3 15.00$ Each 2 = $90.00 Panel Carts- per day 5 3.00$ Each 2 = $30.00 $126.00 $7,091.00Event Total: Event Details Quoted Price Quoted Price Quoted Price Materials & Equipment Subtotal: 188 Event Name Phase Date of Event Start Time Origin Address Destination Address Rack disassembly and move back 4 1 Event Overview/Scope Man Power/Vehicles Amount Qty/Hr/Day Driver 1 70.00$ Per Hr. X 15 Hrs. = $1,050.00 Movers 3 65.00$ Per Hr. X 15 Hrs. = $2,925.00 Straight Truck 1 72.00$ Per Hr. X 15 Hrs. = $1,080.00 Energy Fee (per truck per day covers 100 miles)2 75.00$ Per Day X 1 Day = $150.00 Subtotal:$5,205.00 Materials Amount Qty Equipment Amount Rate Days 4-Wheel Dollies 3 1.00$ Each 1 = $3.00 Speed Packs Rental 3 15.00$ Each 1 = $45.00 Panel Carts- per day 5 3.00$ Each 1 = $15.00 $63.00 $5,268.00 Quoted Price Event Details Materials & Equipment Subtotal: Event Total: Quoted Price Quoted Price 189 Project Totals Warehouse Services Amount Qty Open Square Footage Rate 5 2.25$ Per SF/Month 185 = 2,081.25$ Library Carts 5 18.00$ Per month 11 = 990.00$ $3,071.25Event Total: Warehouse & Logistics Quoted Price 190 Transportation Valuation Storage/Warehouse Valuation Minimum $20,000.00 Minimum $20,000.00 Declared Value $116,000.00 Option 1 Declared Value $116,000.00 $116,000.00 Declared High Value $0.00 Option 2 Months 5 Option 1 Deductible Cost Per $1000 Costs $0.00 $8.50 $986.00 $500.00 $5.00 $580.00 $1,000.00 $2.50 $290.00 Option 2 Deductible Cost Per $1000 Costs $0.00 $8.50 $0.00 $500.00 $5.00 $0.00 $1,000.00 $2.50 $0.00 Deductible Levels Cost Per $1000 Costs $0.00 $2.50 $290.00 $500.00 $1.50 $174.00 $1,000.00 $1.00 $116.00 OPTION 1 Select Declared Value Amt Deductable Level Cost Per $1000 Option 1 Cost $116,000.00 $0.00 $8.50 $986.00 $116,000.00 $500.00 $5.00 $580.00 $116,000.00 $1,000.00 $2.50 $290.00 OPTION 2 Select Declared High-Value Amt Deductable Level Cost Per $1000 Option 2 Cost $0.00 $0.00 $8.50 $0.00 $0.00 $500.00 $5.00 $0.00 $0.00 $1,000.00 $2.50 $0.00 OPTION 3 Select Option 3 Cost Option 3 Cost N/C $.60/lb N/C $.60/lb STORAGE Select Election Made Above Deductable Level Cost Per $1000 Option 2 Cost $0.00 $2.50 $290.00 $500.00 $1.50 $174.00 $1,000.00 $1.00 $116.00 $0.00 $2.50 $290.00 $500.00 $1.50 $174.00 $1,000.00 $1.00 $116.00 Option 3 N/C $.60/lb Mesa's liability is limited to $0.60 per pound per article Mesa Moving & Storage | Utah - Idaho - Colorado - Montana | www.mesamoving.com Minimum Declared Value $20,000.00. Storage Valuation Storage Coverage: In the event cargo goes into storage, Option Selection above will follow cargo. Declared Value Amounts in Option 1 or Option 2 will remain the same and will be billed monthly. Option 2 Option 1 Covered at $0.60 per lb per article TransportationCARGO VALUATION OPTIONS: Transportation and Storage Mesa Moving & Storage (Mesa) Basic Carrier’s Liability will automatically apply if Customer does not provide additional value. Basic Carrier’s Liability: This Option will automatically apply if Customer does not select optional coverage. Basic Carrier's Liability Transportation Valuation All Assets Not Included on High-Value List Not Covered Not Covered Not Covered Declared Replacement Value of Specific High-Value Assets’ Inventory List - combined with Basic Carrier’s Liability: Mesa’s maximum liability limited to the declared value per item on High-Value Assets Inventory List only. Declared Replacement Value: Mesa’s maximum liability limited to the declared value of cargo in its current used condition. Minimum Declared Value $20,000.00. Minimum Declared Value $20,000.00. Mesa’s liability is limited to a maximum of $0.60 per pound per article.Storage191 Memorandum REPORT TO:City Commission FROM:David Fine, Economic Development Manager Brit Fontenot, Economic Development Director Chuck Winn, City Manager SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with Cushing Terrell for Professional Historic Preservation Services in Support of the City's Application to the National Park Service Historic Surplus Property Program for the Bozeman Federal Building MEETING DATE:August 18, 2026 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign Professional Services Agreement with Cushing Terrell for Professional Historic Preservation Services in Support of the City's Application to the National Park Service Historic Surplus Property Program for the Bozeman Federal Building 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:The Bozeman Federal Building was recently designated for disposal by the U.S. General Services Administration. As part of the disposal process, the City of Bozeman has the opportunity to apply to acquire the property at as little as no cost through the Historic Surplus Property Program, which is administered by the National Park Service. Professional Services Agreement with Cushing Terrell is to provide professional architectural services in historic preservation to assist the City with two components of its application: the Preservation Plan and the Use Plan and any future relevant work necessary to receive public benefit conveyance under this program. UNRESOLVED ISSUES:The application is the first of many steps in the acquisition process, which will likely illuminate a number of financial, legal and technical issues for the City to consider. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The initial phase of work is estimated at $11,680. The contract allows for ongoing work to complete the project not to exceed $50,000. Attachments: 192 Cushing Terrell Federal Building Historic Preservation PSA 20260818.docx Report compiled on: July 23, 2026 193 Professional Services Agreement for Architectural Services Page 1 of 10 PROFESSIONAL ARCHITECTURAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 4 day of August, 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, CUSHING TERRELL, with a mailing address of 411 East Main Street Suite 101, hereinafter referred to as “Architect.” City and Architect 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 hire Architect as an independent contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2. Effective Date: This Agreement is effective upon the Effective Date and will expire on the 4 day of August, 2026, unless earlier terminated in accordance with this Agreement. 3. Scope of Work/ Contract Documents: Architect will perform the work and provide provide architecture and historic preservation architectural services in support of the City’s application to acquire the Bozeman Federal Building through the Historic Surplus Property Program administered by the National Park Service on a time and materials basis. 4. Payment: City agrees to pay Architect on a time and materials basis not to exceed fifty thousand Dollars ($50,000) for services performed pursuant to the Scope of Services. Any alteration or deviation from the described work that involves additional costs above the Agreement amount will be performed by Architect after written request by City and will become an additional 194 Professional Services Agreement for Architectural Services Page 2 of 10 charge over and above the contract amount. The parties must agree in writing upon any additional charges. 5. Architect’s Representations: To induce City to enter into this Agreement, Architect makes the following representations: a. Architect 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, growth policies, adopted City plans , ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Architect 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 must 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. 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: The Parties agree that Architect is an independent contractor for purposes of this Agreement and is not to be considered an employee or agent of City for any purpose. Architect is not subject to the terms and provisions of City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Architect is not authorized to represent City or otherwise bind City in any dealings between Architect and any third parties. Architect must 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. Architect must maintain workers’ compensation coverage for all members and employees of Architect’s business, except for those members who are exempted by law. Architect must provide City with: (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. 195 Professional Services Agreement for Architectural Services Page 3 of 10 7. Indemnity: For other than professional services rendered, to the fullest extent permitted by law, Architect 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 Architect; or (ii) any negligent, reckless, or intentional misconduct of any of Architect’s agents. For the professional services rendered, to the fullest extent permitted by law, Architect 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 Architect or Architect’s agents or employees. For any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes and for any claims regarding underpaid prevailing wages, Architect must 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. Architect’s obligations in this Section must 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). Architect’s indemnity under this Section must 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 Architect to assert its right to defense or indemnification under this Agreement or under Architect’s applicable insurance policies required below, the City must 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 Architect was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) 196 Professional Services Agreement for Architectural Services Page 4 of 10 or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. These obligations shall survive termination of this Agreement, and the services performed hereunder. 8. Insurance: In addition to and independent from Architect’s indemnity obligations under Section 8, Architect must, at Architect’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 Architect in this Section. The insurance coverage must not contain any exclusion for liabilities specifically assumed by Architect in Section 7. The insurance must be occurrence-based, and cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by City without limit and without regard to the cause. Architect must furnish to 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 per annual aggregate; Commercial General Liability - $1,000,000 per occurrence; $2,000,000 per annual aggregate; Automobile Liability - $1,000,000 property damage/bodily injury per accident; and Professional Liability - $1,000,000 per claim; $2,000,000annual aggregate. The above amounts shall be exclusive of defense costs. City must be endorsed as an additional 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 approved by City and must include no less than a thirty (30) day notice of cancellation or non- renewal. Architect must notify City within two (2) business days of Architect’s receipt of notice that any required insurance coverage will be terminated or Architect’s decision to terminate any required insurance coverage for any reason. 197 Professional Services Agreement for Architectural Services Page 5 of 10 City must approve all insurance coverage and endorsements prior to Architect commencing work. Alternative: Architect must provide City a certificate of insurance prior to commencing work. City must approve the limits shown on the certificate prior to commencing work. City’s approval of the limits does not relieve Architect of Architect’s obligation to ensure the insurance meets the requirements. 9. Waiver of Claims: Architect also waives any and all claims and recourse against 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. 10. Professional Service: Architect agrees that all services and work performed hereunder will be accomplished in a professional manner. Architect must perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. Architect must perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. 11. Compliance with Laws: Architect agrees to comply with all federal, state and local laws, ordinances, rules and regulations, including the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA. Architect agrees to purchase a City business license. 12. Nondiscrimination and Equal Pay: Architect agrees that all hiring by Architect of persons performing this Agreement must be on the basis of merit and qualifications. Architect will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. Architect 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. Architect must 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. 198 Professional Services Agreement for Architectural Services Page 6 of 10 Architect 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). Architect must report to City any violations of the Montana Equal Pay Act that Architect has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Architect must require these nondiscrimination terms of its subcontractors providing services under this Agreement. 13. Default and Termination: If either Party fails to comply with any condition of this Agreement at the time or in the manner provided for, the other Party, at its option, may terminate this Agreement and be released from all obligations if the default is not cured within ten (10) days after written notice is provided to the defaulting Party. Said notice must set forth the items to be cured. Additionally, the non-defaulting Party may bring suit for damages, specific performance, and any other remedy provided by law. These remedies are cumulative and not exclusive. Use of one remedy does not preclude use of the others. Notices must be provided in writing and hand- delivered or mailed to the Parties at the addresses set forth in the first paragraph of this Agreement. This Agreement may be terminated by the City, in whole or in part, upon written notice to the Architect, when, in the sole opinion and discretion of the City, the City determines this to be in its best interest. The termination for convenience is effective on the date specified in the Owner’s written notice. Termination for convenience may entitle the Architect to payment for reasonable costs allocable to the contract for work or costs incurred by the Architect up to the date of termination. The Architect must not be paid compensation as a result of a termination for convenience that exceeds the amount encumbered to pay for work to be performed under the Agreement. 14. Modification and Assignability: This document contains the entire agreement between the Parties and no statements, promises or inducements made by either Party or agents of either Party, which are not contained in this written Agreement, may be considered valid or binding. This Agreement may not be enlarged, modified or altered except by written agreement signed by both Parties hereto. The Architect may not subcontract or assign Architect’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of City. Any subcontractor or assignee will be bound by the terms and conditions of this Agreement. 199 Professional Services Agreement for Architectural Services Page 7 of 10 15. Ownership and Publication of Materials: Provided all payments have been made to Architect in accordance with this Agreement, all reports, information, data, and other materials prepared by Architect pursuant to this Agreement are City’s exclusive property. City will own all copyrights in and to any reports, information, data and other materials prepared by Architect. 16. Generative Artificial Intelligence (AI): City’s representative may, in their discretion, permit or deny Contractor’s use of Generative AI. If Contractor is permitted to use Generative AI, Contractor agrees to review any work created by Generative AI for accuracy, bias, and copyright infringement. Contractor agrees it will never submit any confidential or personal identifiable information acquired through this Agreement into a Generative AI system. For the purposes of this section, Generative AI is defined as a deep learning model that can generate high quality content such as stories or writings, images, voice replication and music. 17. Representatives and Notices: a. City’s Representative: City’s Representative for the purpose of this Agreement will be David Fine, Economic Development Manager, or such other individual as City designates in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission must be directed to the City’s Representative and approvals or authorizations must be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Architect may direct its communication or submission to other designated City personnel or agents as designated by City in writing and may receive approvals or authorization from such persons. b. Architect’s Representative: Architect’s Representative for the purpose of this Agreement will be Alex Russell, Principal, or such other individual as Architect designates in writing. Whenever direction to or communication with Architect is required by this Agreement, such direction or communication must be directed to Architect’s Representative; provided, however, that in exigent circumstances when Architect’s Representative is not available, City may direct its direction or communication to other designated Architect personnel or agents. c. Notices: All notices required by this Agreement must be in writing and must be provided to the Representatives named in this Section. Notices are 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 200 Professional Services Agreement for Architectural Services Page 8 of 10 mailed by ordinary mail to the address shown above, postage prepaid. 18. Applicable Law: This Agreement and any extensions hereof must be governed and construed in accordance with the laws of the State of Montana. 19. Reports/Accountability/Public Information: Architect agrees to develop and/or provide documentation as requested by City demonstrating Architect’s compliance with the requirements of this Agreement. Architect must allow City, its auditors, and other persons authorized by City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Architect pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. Architect must not issue any statements, releases or information for public dissemination without prior approval of City. 20. Non-Waiver: A waiver by either Party of any default or breach by the other Party of any terms or conditions of this Agreement does not limit the other Party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 21. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 22. Taxes: Architect is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 23. Dispute Resolution: a. Any claim, controversy, or dispute between the Parties, their agents, employees, or representatives must 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. 201 Professional Services Agreement for Architectural Services Page 9 of 10 24. Survival: Architect’s indemnification must survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 25. Headings: The headings used in this Agreement are for convenience only and are not to be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 26. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 27. Applicable Law: The Parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 28. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the Parties. 29. 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. 30. 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 must 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. 31. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written or as recorded in an electronic signature. 202 Professional Services Agreement for Architectural Services Page 10 of 10 CITY OF BOZEMAN, MONTANA ____________________________________ ARCHITECT (Type Name Above) By________________________________ By__________________________________ Chuck Winn, City Manager Print Name: Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 203 Memorandum REPORT TO:City Commission FROM:Cola Rowley, Assistant City Manager Chuck Winn, City Manager SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with Gallatin Valley Urban Transportation District to Provide Public Transportation via the Streamline Bus Service MEETING DATE:August 18, 2026 AGENDA ITEM TYPE:Agreement - Agency/Non-profit RECOMMENDATION:Authorize the City Manager to sign a Professional Services Agreement with Gallatin Valley Urban Transportation District to provide public transportation via the Streamline Bus service. STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a wide variety of actions, the development of sustainable and lasting housing options for underserved individuals and families and improve mobility options that accommodate all travel modes. BACKGROUND:The Gallatin Valley Urban Transportation District provides public transportation via the Streamline Bus service to City of Bozeman residents to support a livable, affordable, more connected community. GVUTD requires multiple funding streams to operate. In addition to the City, other major funders include the Federal Transit Administration, Montana State University (MSU) Administration, and Associated Students of MSU. Investment in public transit helps the City achieve goals outlined in its Strategic Plan, the 2026-27 Commission Priorities, and the Climate Action Plan. UNRESOLVED ISSUES:None ALTERNATIVES:At the discretion of the Commission. FISCAL EFFECTS:This agreement authorizes $400,000 to be paid for public transportation services for FY27. Attachments: Streamline FY27 PSA and Exhibit A Report compiled on: August 4, 2026 204 Professional Services Agreement for Streamline Bus Services Page 1 of 15 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 18th day of August, 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 Gallatin Valley Urban Transportation District, hereinafter referred to as “Contractor.” 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 to this Agreement agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2. Term/Effective Date: This Agreement is effective upon the Effective Date and will expire on the 30th day of June, 2027, unless earlier terminated in accordance with this Agreement. 3. Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4. Payment: City agrees to pay Contractor $400,000. 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 City and will become an additional charge over and above the amount listed in the Scope of Services. City must agree in writing upon any additional charges. 205 Professional Services Agreement for Streamline Bus Services Page 2 of 15 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor represents and warrants: 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 has the experience and ability to perform the services required by this Agreement. c. Contractor will perform the services in a professional, competent, and timely manner and with diligence and skill. d. Contractor has the power to enter into and perform this Agreement. e. Contractor’s performance of this Agreement must 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. Contractor agrees 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: The Parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of City for any purpose. Contractor is not subject to the terms and provisions of City’s personnel policies handbook and is not considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent City or otherwise bind City in any dealings between Contractor and any third Parties. Contractor must 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 must maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor must furnish 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. 206 Professional Services Agreement for Streamline Bus Services Page 3 of 15 7. Prevailing Wage Requirements a. Montana Resident Preference. The nature of the work performed, or services provided, under this Contract meets the statutory definition of a "public works contract" in 18-2- 401, MCA. Unless superseded by federal law, Montana law requires that contractors and subcontractors give preference to the employment of Montana residents for any public works contract in excess of $25,000 for construction or non-construction services. Contractor must abide by the requirements set out in 18-2-401 through 18-2-432, MCA, and all administrative rules adopted under these statutes. The Commissioner of the Montana Department of Labor and Industry has established the resident requirements in accordance with 18-2-403 and 18-2-409, MCA. Any and all questions concerning prevailing wage and Montana resident issues should be directed to the Montana Department of Labor and Industry. b. Standard Prevailing Rate of Wages. In addition, unless superseded by federal law, all employees working on a public works contract must be paid prevailing wage rates in accordance with 18-2-401 through 18-2-432, MCA, and all associated administrative rules. Montana law requires that all public works contracts, as defined in 18-2-401, MCA, in which the total cost of the contract is greater than $25,000, contain a provision stating for each job classification the standard prevailing wage rate, including fringe benefits, travel, per diem, and zone pay that Contractors, subcontractors, and employers must pay during the public works contract. Wage rate adjustments for multiyear public works contracts are the sole responsibility of the Contractor and must be done in accordance with 18-2-417, MCA. c. Notice of Wages and Benefits. Furthermore, 18-2-406, MCA, requires that all contractors, subcontractors, and employers who are performing work or providing services under a public works contract post in a prominent and accessible site on the project staging area or work area, no later than the first day of work and continuing for the entire duration of the contract, a legible statement of all wages and fringe benefits to be paid to the employees in compliance with 18-2-423, MCA. d. Wage Rates, Pay Schedule, and Records. 18-2-423, MCA, requires that employees receiving an hourly wage must be paid on a weekly basis. Each contractor, subcontractor, and employer must maintain payroll records in a manner readily capable of being certified for submission under 18-2-423, MCA, for not less than three years after Contractor's, subcontractor's, or employer's completion of work on the public works contract. 207 Professional Services Agreement for Streamline Bus Services Page 4 of 15 8. Labor Relations: If any labor problems or disputes arise during this Agreement, which cause any services to cease for any period of time, Contractor agrees to take immediate steps in its discretion, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. Contractor bears all costs of any related legal action. Contractor must provide immediate relief to City so as to permit the services to continue at no additional cost to City. Contractor acknowledges and agrees that City will not be a Party to any labor disputes between Contractor and any subcontractors or third Parties. 9. Indemnity: 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 Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of 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 Contractor or Contractor’s agents or employees. For any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes and for any claims regarding underpaid prevailing wages, Contractor must 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. Contractor’s obligations in this Section must 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 must be without regard to and without any right 208 Professional Services Agreement for Streamline Bus Services Page 5 of 15 to contribution from any insurance maintained by City. Should the City be required to bring an action against Contractor to assert its right to defense or indemnification under this Agreement or under Contractor’s applicable insurance policies required below, the City must 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 Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. These obligations must survive termination of this Agreement and the services performed hereunder. 10. Insurance: In addition to and independent from Contractor’s indemnity obligations under Section 9, Contractor must, 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 Contractor in this Section. The insurance coverage must not contain any exclusion for liabilities specifically assumed by Contractor in Section 9. The insurance must be occurrence-based, and cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by City without limit and without regard to the cause. Contractor must furnish to 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; Commercial General Liability - $1,000,000 per claim; $2,000,000 per occurrence; Automobile Liability - $1,000,000 combined single-limit. The above amounts must be exclusive of defense costs. City must be endorsed as an additional 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 approved by City and must include no less than a thirty (30) day notice of cancellation or non- 209 Professional Services Agreement for Streamline Bus Services Page 6 of 15 renewal. Contractor must 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. City must approve all insurance coverage and endorsements prior to Contractor commencing work. Alternative: Contractor must provide City a certificate of insurance prior to commencing work. City must approve the limits shown on the certificate prior to commencing work. City’s approval of the limits does not relieve Contractor of Contractor’s obligation to ensure the insurance meets the requirements. 11. Waiver of Claims: Contractor also waives any and all claims and recourse against 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. 12. 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, City may, by written notice, terminate this Agreement and Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). 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 12, Contractor must be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 12 must be in addition to any other remedies to which City may be entitled under the law or at equity. d. In the event of termination under this Section 12, Contractor must, 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. 13. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of City, make it advisable to City to cease performance under this Agreement, City may terminate this Agreement 210 Professional Services Agreement for Streamline Bus Services Page 7 of 15 by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination must be effective in the manner specified in the Notice of Termination for City’s Convenience and must be without prejudice to any claims that City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, Contractor must 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 must immediately cancel all existing orders or contracts upon terms satisfactory to City. Contractor must do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 13, 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 13(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor must, 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. 14. Intellectual Property and Ownership of Work Product: a. Title and Ownership Rights. City retains title to and all ownership rights in all Work Product. “Work Product” includes all materials, tangible or not, created in whatever medium pursuant to this Agreement, including but not limited to publications, promotional or educational materials, reports, manuals, specifications, drawings and sketches, computer programs, software and databases, schematics, marks, logos, graphic designs, notes, data and content, including but not limited to multimedia or images (graphics, audio, and video), matters and any combinations of, and all forms of intellectual property. b. Ownership of Work Product. Contractor must execute any documents or take any other actions as may reasonably be necessary, or as City may reasonably request, to perfect City’s ownership of any Work Product. Contractor must, at no cost to City, deliver to City, upon City request during the term of this Agreement or at its expiration or termination, a current copy of all Work Product in the form and on the media in use as of the date of City’s request, or such expiration or termination. c. Return of Physical Property. Upon expiration or termination of this Agreement, Contractor agrees to return to City all City property, including but not limited to any and all physical items such as documentation, records, and equipment, which is in Contractor’s possession or under Contractor’s control. Contractor must submit to City a detailed account of all 211 Professional Services Agreement for Streamline Bus Services Page 8 of 15 of City’s property in its possession or under Contractor’s control. Contractor must return City’s property in a method acceptable to City within ten (10) working days. Unless otherwise mutually agreed upon by the Parties, at no time must any of City’s property be retained by Contractor upon expiration or termination of this Agreement. d. Return of Data. Upon expiration or termination of this Agreement, Contractor agrees to return to City all City data. Contractor must submit to City a detailed account of all of City’s data in its possession or under Contractor’s control. Contractor must return City’s data in a format acceptable to City within ten (10) working days. At no time must any data or processes that either belong to or are intended for use of City or its officers, agents, or employees, be copied, disclosed, or retained by Contractor upon expiration or termination of this Agreement. e. Destruction of Data. If requested by City, Contractor agrees to destroy all of City’s data in its possession. When requested by City to destroy City’s data, Contractor agrees to permanently delete the data and ensure that it is not recoverable, in accordance with National Institute of Standards and Technology (NIST) SP 800-88 “Media Sanitation Guidelines.” f. Certification. In all cases, Contractor will certify that all of City’s information processed during the performance of the services will be completely purged from all physical and electronic data storage with no output to be retained by Contractor at the time the work is completed, the Agreement is terminated, or upon written request of City. 15. 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 must 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 must 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 must waive all rights to assert such claim. 16. Representatives and Notices: a. City’s Representative: City’s Representative for the purpose of this Agreement is Nicole Rowley or such other individual as City must designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission must be directed to City’s Representative and approvals or 212 Professional Services Agreement for Streamline Bus Services Page 9 of 15 authorizations must 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 City in writing and may receive approvals or authorization from such persons. b. Contractor’s Representative: Contractor’s Representative for the purpose of this Agreement is Sunshine Ross or such other individual as Contractor must designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication must 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 must be in writing and must be provided to the Representatives named in this Section. Notices must 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. 17. Permits: Contractor must 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. 18. Laws and Regulations: Contractor must 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. 19. Web Accessibility and the ADA: Title II of the ADA prohibits discrimination against people with disabilities in all services, programs, and activities offered or made available by City. This includes ensuring that City’s communications with people with disabilities are as effective as its communications with others. If Contractor’s Scope of Services includes the production of digital content, documents, or web applications intended to be branded for use by City, Contractor must use the City style guide 213 Professional Services Agreement for Streamline Bus Services Page 10 of 15 when creating a design. As per recommendations found in Section 508 of the Rehabilitation Act, all digital content, documents, or web applications must also adhere to level A and AA Success Criteria and Conformance Requirements as defined by the current Web Content Accessibility Guidelines (WCAG). City will not accept digital content that does not comply with WCAG A and AA guidelines. If City refuses digital content because it is non-compliant with the City style guide, Section 508 of the Rehabilitation Act, and/or WCAG, Contractor will be required to make the digital content compliant and redelivered at no additional cost to City. 20. Generative Artificial Intelligence (AI): Contractor must inform the City’s representative of its intention to utilize Generative AI to fulfill the deliverables or services detailed in the Scope of Services. City’s representative may, in their discretion, permit or deny Contractor’s use of Generative AI. If Contractor is permitted to use Generative AI, Contractor agrees to review any work created by Generative AI for accuracy, bias, and copyright infringement. Contractor agrees it will never submit any confidential or personal identifiable information acquired through this Agreement into a Generative AI system. For the purposes of this section, Generative AI is defined as a deep learning model that can generate high quality content such as stories or writings, images, voice replication and music. 21. Nondiscrimination and Equal Pay: Contractor agrees that all hiring by Contractor of persons performing this Agreement must be on the basis of merit and qualifications. Contractor must have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. Contractor cannot 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. Contractor is subject to and must comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to 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. 214 Professional Services Agreement for Streamline Bus Services Page 11 of 15 Contractor must require these nondiscrimination terms of its subcontractors providing services under this Agreement. 22. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor must 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 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 must 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 must have the right to request proof of such compliance and Contractor must be obligated to furnish such proof. Contractor must be responsible for instructing and training Contractor's employees and agents in proper and specified work methods and procedures. Contractor must provide continuous inspection and supervision of the work performed. Contractor is responsible for instructing its employees and agents in safe work practices. 23. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both Parties. Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 24. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor must allow City, its auditors, and other persons authorized by 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. Contractor cannot issue any statements, releases or information for public dissemination without prior approval of City. 25. 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. 215 Professional Services Agreement for Streamline Bus Services Page 12 of 15 26. 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 in this Agreement, the prevailing Party or the Party giving notice is entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 27. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 28. Dispute Resolution: a. Any claim, controversy, or dispute between the Parties, their agents, employees, or representatives must be resolved first by negotiation between senior-level personnel from each Party duly authorized to negotiate settlement agreements. Upon mutual agreement of the Parties, the Parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. The Parties must attempt to resolve by negotiation within 90 days after the claim, controversy, or dispute has arisen. b. If the Parties are unable to resolve the dispute pursuant to subsection (a), then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. In such a case, all court actions must be commenced within 1 year after the settlement procedure in subsection (a) has been exhausted. 29. Survival: Contractor’s indemnification must survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 30. Headings: The headings used in this Agreement are for convenience only and are not to be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 31. Severability: If any portion of this Agreement is held to be void or unenforceable, all other provisions of this Agreement must remain in effect. 32. Applicable Law: The Parties agree that this Agreement is governed by the laws of the State of Montana. 33. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, 216 Professional Services Agreement for Streamline Bus Services Page 13 of 15 legal representatives, successors, and assigns of the Parties. 34. 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. 35. Counterparts: This Agreement may be executed in counterparts, which together constitute this Agreement. 36. 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 oral 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. 37. 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. 38. Extensions: This Agreement may, upon mutual agreement, be extended for a period of up to one year at a time by written agreement of the Parties. In no case, however, may this Agreement run longer than five (5) years from the effective date of this Agreement. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 217 Professional Services Agreement for Streamline Bus Services Page 14 of 15 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 ____________________________________ CONTRACTOR (Type Name Above) By________________________________ By__________________________________ Chuck Winn, City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 218 Professional Services Agreement for Streamline Bus Services Page 15 of 15 Exhibit A Statement of Work The Gallatin Valley Urban Transportation District will provide public transportation via the Streamline Bus service to City of Bozeman residents to support a livable, affordable, more connected community. GVUTD requires multiple funding streams to operate, and $400,000 is the City's contribution to the service. Other major funders include the Federal Transit Administration, Montana State University (MSU) Administration, and Associated Students of MSU. GVUTD agrees to provide the City Commission, if requested, a presentation that includes details regarding use of funds. 219 Memorandum REPORT TO:City Commission FROM:Bob Murray, Project Engineer Shawn Kohtz, Utilities Director SUBJECT:Authorize the City Manager to Sign an Amendment 1 to Task Order Number 1 for the Right-of-way Acquisition Project with Clear Route Real Estate, LLC for Properties Necessary to Construct the Gooch Hill Lift Station MEETING DATE:August 18, 2026 AGENDA ITEM TYPE:Agreement - Legal RECOMMENDATION:Authorize the City Manager to sign Amendment 1 to Task Order Number 1 for the Right of Way Acquisition Project with Clear Route Real Estate, LLC for properties necessary to construct the Gooch Hill Lift Station STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Attached is a copy of Amendment 1 to Task Order Number 1 with Clear Route Real Estate, LLC for the Right of Way Acquisition Project under the Professional Services Agreement for Streets and Utilities Land Agent Service FY2026-FY2028. This task order includes acquisition services to obtain land for the installation of the Gooch Hill Lift Station. The design phase services for the Gooch Hill Lift Station are included in the approved FY26 budget. The Wastewater Facility Plan calls for the lift station to be installed near the intersection of Harper Pucket Road and Valley Center Drive. The City doesn’t have any property in this area to install the lift station on. Task order 1 was to select and negotiate with the owners of up to 3 properties in the area to locate the lift station. We were unable to come to an agreement with any of those property owners. This amendment will add the necessary time and budget to identify and negotiate with up to three additional property owners in the area. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission FISCAL EFFECTS:The proposed fee for this scope of work is paid on a time and materials basis with a total cost not to exceed amount of $9,220. The Gooch Hill Lift Station project is included in the FY26 approved budget at $1,500,000. 220 Attachments: Task Order 1 Amendment 1_2026-7-28.pdf Report compiled on: August 4, 2026 221 July 28, 2026 Shawn Kohtz, 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 #1, Amendment 1 NW Sewer Lift Station Dear Shawn, Clear Route Real Estate is pleased to submit this amendment to provide services for the project referenced above, as outlined in the attached Exhibit A. If the terms of this amendment 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 new locations for a new sewer lift station located in the NW area of Bozeman in the near future. As part of the evaluation process, the City has requested right-of-way (R/W) acquisition services, to be completed in two phases. The first phase will be to review up to three 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 sewer lift station. Clear Route will coordinate with up to three identified 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 222 NW Sewer Lift Station Page | 1 7/28/2026 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 the selected property for R/W acquisition 2. Initial Property Owner Contact a. Compile contact information for three (3) parcels b. Initiate contact with owners of three (3) parcels of land to begin acquisition discussions to determine which parcel to acquire R/W from 3. Title Commitments a. Title commitments will be secured for the selected property requiring permanent property acquisition b. Team coordination 4. Appraisals and Valuations a. Full appraisal narrative reports are not included in this scope of services b. One waiver valuation will be completed for simple property acquisitions by Clear Route for the selected property c. Team coordination d. QA/QC of valuation documents 5. Prepare Contracts a. Prepare deed/easement/construction permit agreements for the selected property, as required b. HDR is completing the project’s survey and engineering design. HDR 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 6. Acquisitions a. Conduct acquisition meetings with property owners of the selected property (minimum of 3 meetings) b. Prepare final acquisition documents c. Prepare final acquisition costs d. QA/QC of documents 223 NW Sewer Lift Station Page | 2 7/28/2026 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 d. This task was not completed with the original contracted work. Completion of work associated with this amendment will utilize the unused budget for this task. 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 $9,220.00. Clear Route will begin work once this agreement has been signed by both parties. Right-of-Way Acquisition Services 1. Project Research $360.00 2. Initial Property Owner Contact $1,390.00 3. Title Commitments $960.00 4. Appraisals and Valuations $1,550.00 5. Prepare Contracts $1,240.00 6. Acquisitions $3,100.00 7. Title Clearing and Closing $620.00 8. Final Submittal and Closeout $0.00 Total of Amendment 1 $9,220.00 224 NW Sewer Lift Station Page | 3 7/28/2026 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. 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 Amendment 1 to Task Order #1 is dated ________________, 20___ 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: ______________________________ 225 Memorandum REPORT TO:City Commission FROM:Bernie Massey, Assistant Treasurer Laurae Clark, Treasurer Melissa Hodnett, Finance Director SUBJECT:Resolution for the Creation of Special Improvement Lighting District 799 ANNIE SUB PH II LOT 5C-1 AND OS A-1 MEETING DATE:August 18, 2026 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Adopt Commission Resolution for the Creation of Special Improvement Lighting District 799 ANNIE SUB PH II LOT 5C-1 AND OS A-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:The Commission did on July 21, 2026, adopt Commission Resolution No. 2026-29 Intent to Create Special Improvement Lighting District 799 ANNIE SUB PH II LOT 5C-1 AND OS A-1 as per MCA 7-12-4301. The property owner has 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 $100.21 per acre within the district or $232.80 annually for the entire district. Attachments: Resolution 2026-XX Creation of SILD 799.docx Report compiled on: July 22, 2026 226 Resolution to Create SILD 799 Page 1 of 4 RESOLUTION A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT NO. 799 ANNIE SUB PH II LOT 5C-1 AND OS A-1 CREATING THE DISTRICT FOR THE PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS OF MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED 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 July 21, 2026, adopted Resolution No 2026-29 (the “Resolution of Intention”), pursuant to which this Commission declared its intention to create a special lighting district, designated as Special Lighting District No. 799 (ANNIE SUB PH II LOT 5C-1 AND OS A-1) 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 and Public Hearing. Notice of passage of the Resolution of Intention was duly published, posted and mailed in all respects in accordance with law, and on August 18, 2026, this 227 Resolution to Create SILD 799 Page 2 of 4 Commission approved the creation of the 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, no protests were 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 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. Section 6 Lighting District Fund Established. There is hereby created a fund to be known as the Special Lighting District 799 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 228 Resolution to Create SILD 799 Page 3 of 4 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 18th day of August 2026. ___________________________________ JOEY MORRISON Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 229 Resolution to Create SILD 799 Page 4 of 4 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 799 (ANNIE SUB PH II LOT 5C-1 AND OS A-1I); 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 August 18, 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 18th day of August 2026. __________________________________MIKE MAAS City Clerk 230 Memorandum REPORT TO:City Commission FROM:Jim Veltkamp, Chief of Police SUBJECT:Resolution Confirming the Appointment of Police Officers in Accordance with Montana Code Annotated 7-32-4108 and 7-32-4113 MEETING DATE:August 18, 2026 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Approve the Resolution. STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND:Section 7-32-4108, Montana Code Annotated, provides that all appointments to the “police force” must be confirmed by the City Commission. Section 7-32-4113, Montana Code Annotated, requires that in order to be submitted to the City Commission for confirmation, every applicant will have passed an examination and received a certificate from the police commission noting that the applicant has qualified for appointment. Additionally, the applicant must successfully complete a probationary period before being submitted to the City Commission for confirmation as a member of the “police force.” Officers Jordan Bender, Daniel Bock, Aaron Gillies, Eric Hohmeister, Jeffrey Jourdain, Emily Kazounis, and Logan Moore have met the above-noted requirements and have successfully completed their probationary period. As such, the resolution was written to confirm the appointment of these officers. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None. Attachments: 260818 Commission Resolution - Confirmation of Police Officers.pdf Report compiled on: July 9, 2026 231 232 RESOLUTION A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CONFIRMING THE APPOINTMENT OF POLICE OFFICERS IN ACCORDANCE WITH MONTANA CODE ANNOTATED 7-32-4108 AND 7-32-4113. WHEREAS, Section 7-32-4108, Montana Code Annotated, provides that all appointments to the “police force” must be confirmed by the city council or commission; and WHEREAS, the following listed officers have passed the required examinations, have been certified by the Police Commission, have successfully completed the probationary period, and have been appointed to the City’s police force by the chief of police. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: the following listed officers are confirmed as members of the Bozeman Police Department. JORDAN BENDER; DANIEL BOCK; AARON GILLIES; ERIC HOHMEISTER; JEFFREY JOURDAIN; EMILY KAZOUNIS; LOGAN MOORE PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 18th day of August, 2026. ___________________________________ JOEY MORRISON Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 233 Memorandum REPORT TO:City Commission FROM:Jamie Grabinski, Procurement Coordinator Aaron Funk, Controller Melissa Hodnett, Finance Director SUBJECT:Resolution Establishing Compliance with IRS Reimbursement Bond Regulations MEETING DATE:August 18, 2026 AGENDA ITEM TYPE:Resolution RECOMMENDATION:I move to approve the resolution establishing compliance with IRS reimbursement bond regulations. 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:In order for the City to reimburse itself for expenditures with debt proceeds, the U.S. Department of Treasury requires a Commission resolution declaring the official intent to reimburse expenditures with bond proceeds not later than 60 days after payment of the original expenditure. The expenditures associated with this resolution are the design and construction of the Water Reclamation Facility Base Hydraulic Phase I for the Utilities Department and design of the Public Works Shops Complex Project ("Project"). The Project and associated debt proceeds and cost of issuance is included in appropriations and revenue estimates in the FY27 Annual Operating Budget. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by Commission. FISCAL EFFECTS:Debt proceeds and debt service for the projects are included in long-range financial models for the appropriate funds. Attachments: Resolution to Reimburse for WRF SHOPS.docx Report compiled on: August 4, 2026 234 RESOLUTION A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO THE FINANCING OF EXPENDITURES INCURRED FROM THE CONSTRUCTION OF THE WATER RECLAMATION FACILITY BASE HYDRAULIC PHASE I PROJECT AND DESIGN FOR THE PUBLIC WORKS SHOPS COMPLEX PROJECT; ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: SECTION 1 Recitals. 1.01. The United States Department of Treasury has promulgated final regulations governing the use of proceeds of tax-exempt bonds, all or a portion of which are to be used to reimburse the City for project expenditures paid by the City prior to the date of issuance of such bonds. Those regulations (Treasury Regulations, Section 1.150-2) (the “Regulations”) require that the City adopt a statement of official intent to reimburse an original expenditure not later than 60 days after payment of the original expenditure. The Regulations also generally require that bonds be issued and the reimbursement allocation be made from the proceeds of such bonds within 18 months (or three years, if the reimbursement bond issue qualifies for the “small issuer” exception from the arbitrage rebate requirement) after the later of (i) the date the expenditure is paid or (ii) the date the project is placed in service or abandoned, but (unless the issue qualifies for the “small issuer” exception from the arbitrage rebate requirement) in no event more than three years after the date the expenditure is paid. The Regulations generally permit reimbursement of capital expenditures and costs of issuance of the bonds. 1.02. The City desires to comply with requirements of the Regulations with respect to certain projects and costs hereinafter identified. 235 Section 2 Official Intent Declaration. 2.01. The City proposes to undertake the construction of the Water Reclamation Facility Base Hydraulic Phase I for the Utilities Department and design of the Public Works Shops Complex Project (the “Project”). 2.02. Other than (i) expenditures to be paid or reimbursed from sources other than the Bonds (as hereinafter defined), (ii) expenditures permitted to be reimbursed under the transitional provision contained in Section 1.150-2(j)(2) of the Regulations, (iii) expenditures constituting preliminary expenditures within the meaning of Section 1.150-2(f)(2) of the Regulations, or (iv) expenditures in a “de minimis” amount (as defined in Section 1.150-2(f)(1) of the Regulations), no expenditures for the Project have heretofore been paid by the City and no expenditures will be paid by the City until after the date of this Resolution. 2.03. The City reasonably expects to reimburse some or all of the expenditures made for costs of the Project out of proceeds of bonds, in one or more series, in an estimated maximum aggregate principal amount of approximately $23,300,000 (the “Bonds”) after the date of payment of all or a portion of the costs of the Project. All reimbursed expenditures shall be capital expenditures, a cost of issuance of the Bonds or other expenditures eligible for reimbursement under Section 1.150-2(d)(3) of the Regulations. 2.04. As of the date hereof, there are no City funds reserved, allocated on a long-term basis or otherwise set aside (or reasonably expected to be reserved, allocated on a long-term basis or otherwise set aside) to provide permanent financing for the expenditures related to the Project expected to be financed, other than pursuant to the issuance of the Bonds. The statement of intent contained in this resolution, therefore, is determined to be consistent with the City’s budgetary and financial circumstances as they exist or are reasonably foreseeable on the date hereof. 2.05. The City Finance Director shall be responsible for making the “reimbursement allocations” described in the Regulations, being generally the transfer of the appropriate 236 amount of proceeds of the Bonds to reimburse the source of temporary financing used by the City to make prior payment of the costs of the Project. Each allocation shall be evidenced by an entry on the official books and records of the City maintained for the Bonds or the Project and shall specifically identify the actual original expenditure being reimbursed. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 18th day of August, 2026. JOEY MORRISON Mayor ATTEST: MIKE MAAS City Clerk APPROVED AS TO FORM: GREG SULLIVAN City Attorney 237 Memorandum REPORT TO:City Commission FROM:Joe Swanson, Deputy Police Chief SUBJECT:Continued Kennel License Revocation Appeal: Katherine Miller, 3309 Fieldstone Drive West from July 28, 2026 MEETING DATE:August 18, 2026 AGENDA ITEM TYPE:Administration RECOMMENDATION:Upon hearing the information presented and considering the code, decide to uphold the City's revocation of the kennel license or reinstate the kennel license. STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND: Pursuant to the Bozeman Municipal Code Section 8.02.050 anyone living in the city and having more than two cats or more than two dogs (over 6 months of age) must obtain a kennel license from the City. To approve a kennel license the Chief of Police (delegating authority to the Animal Control division) must find the following: 1. That all animals listed on the kennel license application possess current city pet licenses; 2. That the site for the proposed use is adequate in size and topography to accommodate such use, and all yards, spaces, fences and enclosures are adequate to properly relate such use with the land and uses in the vicinity; 3. That the proposed use will have no adverse affect on abutting properties or residents within the affected area; and 4. That any conditions stated in the approval are deemed necessary and shall apply and be followed by the applicant and the property owner as a condition of approval. Notice of a kennel application is required to be provided to all owners of real property within 200 feet of the site of the proposed kennel within 15 days of the application being submitted and prior to the final application being approved. 238 On February 6, 2026, Animal Control received a report of 13 dogs living at 3309 Fieldstone Drive West and concerns over the conditions of the animals. Animal Control Officer (ACO) Ewing contacted Katherine Miller, the owner of the property, who acknowledged owning approximately nine dogs and indicated she was attempting to rehome others. At the time, Ms. Miller would not allow Animal Control inside her home to observe the condition or number of dogs. Ms. Miller was advised of the requirement to obtain a kennel license for anything more than two dogs. On February 18, 2026, Ms. Miller applied for a kennel license via the City of Bozeman’s online licensing portal for 13 dogs indicating the purpose for the license was for “dog sledding & fostering”. That same day, ACO Ewing inspected the property. ACO Ewing noted in her inspection report that the home was found to be relatively clean, and the dogs appeared healthy, though a strong chemical odor was present and the backyard could not be fully inspected due to dog behavior. ACO Ewing noted that Miller gave some inconsistent information about her animals when questioned. The issuance of a kennel license requires actions by both Animal Control and the Finance Department. Finance reviews to make sure all pets are currently licensed and uploads the required notices to neighboring property. Animal Control does the site inspection and addresses any conditions of approval. Ultimately an approved kennel license is mailed to the Applicant by Finance. In this case there were sequencing issues related to these tasks and the kennel license was issued and mailed on February 20, two days after the application was received. It is unclear when notices to neighboring properties were received, but the short time between application to the issuance of the license did not provide an opportunity for comment by potentially affected properties. Considering the mistake on the City’s end related to the of timing of the issuance of the kennel license, the City erred on the side of the applicant and the kennel license went into effect. Between February 20 and February 26, 2026, Animal Control received complaints about Ms. Miller’s dogs and residence. These included concerns about excessive numbers of dogs and poor sanitation. Additionally, neighbors presumably acting on the notice they received, provided a history of issues prior to the issuance of the license, including flies, odor, aggressive behavior, and feces accumulation over the preceding year. Information was also obtained that some of the dogs were required to be spayed/neutered as part of a fostering/rehoming program and were not. 239 Between March 1 through March 5, 2026, additional complaints related to feces accumulation at 3309 Fieldstone Dr W were submitted to Animal Control. Based on the repeated complaints and impact to the neighbors, ACO Ewing provided Ms. Miller a 72-hour notice of the impending revocation of her kennel license per BMC 8.02.050 (D) on March 10, 2026. The code allows for revocation if conditions exist that would preclude the issuance of the license, in this instance, adverse impacts to abutting properties and neighborhood. The kennel license was revoked on March 13, 2026. BMC 8.02.050 (D) permits the City to allow the applicant to remedy the conditions that resulted in the revocation within 15 days. A scheduled reinspection of Miller’s residence occurred on March 27, 2026, and found eleven dogs were present. ACO Ewing noted improvements had been made to yard fencing and waste removal, though flies were still present and chemical odors remained present. Based on the continued sanitation issues and adverse impacts to the abutting properties, it was determined the kennel license would not be reinstated. Miller was provided thirty days to comply with the city code (reducing the number to 2 dogs) or to consider reapplying for a new kennel license with a reduced, more manageable, number of dogs. To date Ms. Miller has not reapplied for a new kennel license and continues to have anywhere from 9 to 13 dogs at the property to the best of the City's knowledge. The City has been actively working to reach a reasonable resolution with Ms. Miller but to date the matter remains unresolved. On June 11, 2026, Ms. Miller informed the City she would like to appeal the revocation of her kennel license and seek for it to be reinstated. By code, the City Commission hears all kennel license appeals. The decision before the City Commission is whether to uphold the City’s revocation of the kennel license; overturn the revocation and reinstate the license as originally submitted; or approve a kennel license with conditions imposed by the Commission. The hearing was scheduled for July 28 and then continued upon the request of Ms. Miller to August 18th. UNRESOLVED ISSUES:Getting the property into compliance with either an approved kennel license with appropriate conditions of approval or taking enforcement action if the revocation is upheld. ALTERNATIVES:As determined by the Commission. FISCAL EFFECTS:None apart from staff time. Attachments: 240 06-11-26 Fwd_ Kennel License Appeal.pdf Response for Hearing.pdf Report compiled on: July 15, 2026 241 From:Katherine Miller To:Bozeman City Clerks Department Subject:[EXTERNAL]Fwd: Kennel License Appeal Date:Thursday, June 11, 2026 1:34:06 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. ---------- Forwarded message --------- From: Katherine Miller <katherinemiller3777@gmail.com>Date: Thu, Jun 11, 2026 at 1:24 PM Subject: Kennel License AppealTo: <darnado@bozeman.net> To: Office of the City Clerk, City of Bozeman CC: Finance Department (Attn: Melissa Hodnett, Finance Director); Bozeman Animal Control RE: Notice of Administrative Appeal – Kennel License Revocation License Holder: Katherine Miller Property Address: 3309 Fieldstone Dr W Kennel License Number: [License Number] Date of Revocation Notice: June 11 2026 To the City Clerk and Reviewing Authority: Please accept this email as my formal Notice of Appeal regarding the City of Bozeman’s decision to revoke my kennel license for the above-referenced property. I respectfully request review of this decision because I believe the revocation was based upon incomplete, inaccurate, and disputed information that does notaccurately reflect the conditions, operations, or compliance status of my kennel facility. The kennel has remained structurally compliant and has been operated with ongoing attention to animal welfare, sanitation, and public safety. I dispute thefactual basis relied upon in support of the revocation and request the opportunity to present evidence demonstrating compliance with applicable requirements. Grounds for Appeal 1. Disputed Factual Allegations The complaints and information relied upon by the City contain factual assertions that I believe are inaccurate or incomplete. I intend to present documentation and 242 testimony addressing these allegations and clarifying the actual conditions at the property. 2. Incomplete Consideration of Relevant Evidence The revocation decision appears to have been made without consideration ofavailable evidence regarding kennel operations, animal care practices, veterinary records, property maintenance, and other relevant information demonstrating compliance. 3. Request for Full Evidentiary Review Because the revocation has significant impacts on my ability to care for and manage the animals at my property, I request a full administrative review in which all relevant evidence may be presented and considered. Requested Relief I respectfully request: • An administrative hearing before the appropriate reviewing authority; • A complete copy of all records, complaints, photographs, inspection reports, witness statements, correspondence, and other materials relied upon in reachingthe revocation decision; • The opportunity to present documentary evidence, witness testimony, veterinary records, photographs, and other relevant information; • A stay of enforcement of the revocation pending completion of the appeal process,if permitted by applicable law or policy; and • Reinstatement of the kennel license upon completion of the review process. Please direct all future correspondence regarding this matter to the contact information below. Thank you for your consideration. Sincerely, Katherine Miller 243 From:Cola Rowley To:Mike Maas Cc:Anna Saverud Subject:FW: [EXTERNAL]Response for Hearing Part 1 Date:Wednesday, August 12, 2026 3:22:33 PM Attachments:Screen Shot 2026-07-09 at 12.37.58 PM.pngScreen Shot 2026-06-25 at 6.52.04 AM.pngScreen Shot 2026-08-12 at 2.19.14 PM.pngScreen Shot 2026-08-12 at 2.23.22 PM.pngScreen Shot 2026-08-12 at 2.25.35 PM.pngcluster flies new sod explanation.pdf Hello Adding you to this, Mike, and I’ll send another, from Ms. Miller for the hearing packet. Cola Rowley | Assistant City Manager City of Bozeman 406-582-2325 Cola.Rowley@bozemanmt.gov From: Katherine Miller <katherinemiller3777@gmail.com> Sent: Wednesday, August 12, 2026 2:49 PM To: Anna Saverud <Anna.Saverud@bozemanmt.gov>; Cola Rowley <Cola.Rowley@bozemanmt.gov> Subject: [EXTERNAL]Response for Hearing Part 1 CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. 244 August 12, 2026 To Whom It May Concern: Subject: Response Regarding Kennel License / Hearing I am responding to the City's request concerning a hearing regarding my kennel license. I dispute the City's characterization of the circumstances underlying this matter and do not agree that this can properly be treated as a straightforward kennel or animal-control matter. The City's own inspection records document facts that are materially different from the characterization now being presented. Among other things, the City's records document that the dogs appeared healthy, that the home was relatively clean, that no noticeable feces or urine were observed during the February inspection, and that I was actively working to spay, neuter, and rehome dogs. The City's records further state that I passed that inspection and that the kennel license was approved. An additional important fact is that all of the dogs at issue are either Service dogs or are being trained as Service dogs. They are not simply companion animals. Their presence and continued training are connected to disability-related needs and functional assistance. I will provide appropriate supporting documentation where available and reserve the right to provide additional information concerning the individual dogs, 245 their training, and their roles. The City also documented my efforts to address conditions at the property, including fencing and improvements intended to address mud and sanitation/maintenance concerns. My communications with the City concerning permitting and property improvements should not be characterized as harassment or as merely relating to the kennel license. I was attempting to obtain permits and complete improvements, including a concrete patio and related backyard work, intended to make the property easier to maintain and sanitize. I am providing a professional services and site-visit statement as Part 2 from a contractor who worked at the property repeatedly between May and August 2026. That independent statement documents responsible management of the dogs, consistent maintenance of the premises, active cleaning of pet waste, and ongoing property improvements, as well as the multiple, (often redundant or dead-ended) municipal review cycles involved in the permitting process. The permitting process was begun in February and was not issued until the end of June. I am also providing limited documentation concerning neighboring animals and property conditions. I have preserved additional dated photographs and video documenting neighboring dogs and cats, unattended, entering my property, incidents involving neighbors' animal waste on my property, and other property-related events. This includes documentation concerning an incident in which neighboring dogs entered my home. 246 There is also evidence concerning unauthorized access to my fenced property by neighboring individuals. The fence at issue is located entirely on my property. Photographs associated with communications from neighboring complainants appear to have been taken from within the fenced portion of my property, raising questions concerning how those individuals obtained access to the property and how the photographs were obtained. I have preserved documentation concerning these incidents. The circumstances are particularly concerning because neighboring complainants have reported detailed observations concerning activity inside my fenced property, including observations that would ordinarily require access to or close observation of the property. I am concerned that these incidents reflect an ongoing pattern of apparent surveillance, unauthorized observation or access, intimidation, and potentially retaliatory conduct directed toward me and my property. I will continue documenting such incidents and reserve the right to supplement the record with additional photographs, video, communications, witness information, and other evidence. The property dispute is not merely theoretical. The neighboring parties have been cited by the City for structural trespass. I have preserved documentation concerning those citations and the underlying property disputes. These matters occurred in the context of significant property damage associated with overwatering and fallen trees, repeated structural trespass and other unauthorized entry, incidents involving neighboring animals entering my property, and other property-related events. I believe the complaints concerning my dogs must be considered in that broader context, including the possibility of retaliatory motive. There is also relevant history involving the dogs owned by James Bond. His dogs have nipped both me and my children on several occasions over the years when they were allowed to run unattended. Their practice of allowing their dogs to free roam, dig under my fence, and otherwise run around unattended likely contributed to the death of one of the dogs a few years ago. I have preserved information concerning these incidents. The incident reported where the mother and her 4 month old puppies entered the Bond's yard were a result of his dogs digging under my fence (I was unaware this had happened) and their entry into my yard and luring the puppies back under the fence. This is relevant context when the City evaluates allegations concerning the safety or behavior of dogs on the respective properties, particularly where complaints concerning my dogs are being advanced by a neighboring dog owner with his own history of incidents involving his dogs and my family. I previously reported concerns regarding unauthorized entry, surveillance or observation, property intrusion, neighboring animals, animal waste, and related conduct to law enforcement. I was subsequently told by police that I was not permitted to continue calling regarding these matters. I have preserved documentation concerning these reports and the circumstances surrounding the instruction that I stop contacting police. Accordingly, any 247 characterization of my repeated communications with the City or law enforcement as simply harassment or escalating behavior should be considered in the context of my attempts to report ongoing property, animal, trespass, waste, and safety concerns. I have also preserved documentation concerning a professional response to a cluster-fly infestation, directly caused by excessive new sod installation and watering by Kyle and Morgan Scarr. Cluster flies are in no way related to waste or garbage. They are strictly earthworm parasites, with a positive correlation to new sod installation. References in the City's inspection narrative to cleaning-product, bleach, or "perfume-like" odors should not be construed as evidence of unsanitary conditions. I routinely use ordinary 'green' household cleaning and traditional disinfecting products in maintaining the property and dog-care areas, and I was also taking steps to address the cluster fly problem utilizing IPM approaches and natural product in the yard. The City's own inspection records simultaneously document that the house was relatively clean and that no noticeable feces or urine were observed. I am particularly concerned about the accuracy and completeness of the City's characterization of communications and witness information. The City's materials describe contact with a former coworker who was identified as an "anonymous" reporting party. I am providing a contemporaneous account from that individual with identifying information redacted, although he has given permission to use his name, and is equally bothered by the misrepresentation of what occurred and what was actually said. That account materially differs from the severity of the characterization contained in the City's narrative. The circumstances surrounding Animal Control's contact with this individual also raise a specific question concerning the source of his information. The contemporaneous account indicates that Animal Control contacted the individual through an MSU telephone number, although the individual did not initiate the contact. I therefore request preservation of all records reflecting how this individual was identified, how his contact information was obtained, who provided that information, and all communications preceding and following Animal Control's contact with him. I further dispute any characterization of my repeated communications with the City as simply harassment or escalating behavior. Those communications included mainly efforts to address permitting and property conditions, which ultimately took nearly 6 months to obtain, as well as efforts to document and report problems involving trespass, neighboring animals, animal waste, property damage, unauthorized access, and apparent surveillance or observation of my property. I was also told by police that I was not 248 permitted to continue calling regarding these matters. I have preserved documentation concerning these events. The cumulative effect of these circumstances is also creating a significant financial and personal burden for me and my family. I am now moving to another home in an effort to protect myself and my family from further retaliation, intimidation, unauthorized observation or access, and related conflict. This move will place substantial financial strain on me and my family. I am preserving documentation of the resulting housing and moving expenses and other financial consequences because they are a direct measure of the practical impact this continuing situation has had on my family and our ability to remain safely and peacefully in our home. I am concerned that the treatment of this matter implicates disability discrimination and other civil-rights issues. I am currently evaluating these issues, including their relationship to other discrimination and civil-rights matters. I am not waiving any rights, claims, defenses, or remedies by providing this response. I request that the City preserve all records relating to this matter, including complaints, reports, inspection records, emails, text messages, telephone records, photographs, video, permit records, and communications between City personnel and any outside individuals or entities concerning me, my property, my or my children's service dogs, or my kennel license. This request includes records concerning how witnesses were identified, how their contact information was obtained, the source of photographs or other evidence submitted by complainants, and communications concerning alleged observations of conditions inside my fenced property. I am providing limited documentation with this response and have preserved additional evidence and witness information. I reserve the right to supplement this response and to provide additional information through appropriate legal proceedings or after obtaining legal counsel. Nothing in this response should be construed as an admission of any allegation or characterization made by the City. Sincerely, Katherine Miller Attachments • Redacted witness email/recollection. • Professional services and site-visit statement from Bigfoot Surfaces LLC (emailed separately). • Representative communication concerning neighboring animals entering the 249 250 251 Cluster Flies and Newly Installed Sod: Biological Explanation This document summarizes the biological relationship between cluster flies and soil conditions commonly associated with newly installed sod. The purpose of this explanation is to clarify how cluster fly activity is linked to soil ecosystems, particularly earthworm populations that may be present in healthy turf soils. Overview of Cluster Flies Cluster flies (genus Pollenia) are common nuisance flies found throughout North America. Unlike house flies, they do not breed in garbage or animal waste. Instead, their life cycle occurs outdoors in soil environments. The larvae develop as internal parasites of earthworms. Because of this biological requirement, cluster flies are most common in areas where earthworm populations are abundant, including lawns, pastures, and turf areas. Cluster Fly Life Cycle Adult cluster flies lay eggs in soil, typically near earthworm burrows. After the eggs hatch, the larvae move through the soil and locate an earthworm host. The larvae enter the earthworm and develop internally until they are ready to pupate. After completing development, the adult flies emerge from the soil and continue the cycle. Later in the year, adult flies seek sheltered places to overwinter and may enter buildings through small cracks or openings. Why Newly Installed Sod May Increase Cluster Fly Activity New sod is typically grown in fertile agricultural soils that contain organic matter and healthy populations of soil organisms, including earthworms. When sod is harvested and transported, earthworms and worm cocoons may remain within the soil layer attached to the grass. After installation, irrigation and moist soil conditions used to establish the sod can further support earthworm survival and reproduction. Because cluster fly larvae require earthworms as hosts, areas with higher worm populations may support higher numbers of developing cluster flies. As a result, newly installed sod lawns may temporarily create favorable conditions for cluster fly development in the surrounding soil. Important Clarification Cluster flies do not breed in homes and are not caused by garbage, sanitation issues, or pet waste. Their presence near buildings is associated with soil ecosystems outdoors, particularly areas where earthworm populations exist. Adult flies may enter nearby buildings in late summer or fall while seeking sheltered overwintering sites. 252 Scientific References Reynolds, J.W., Reeves, W.K., Olayemi, O.P., et al. (2020). A new look at earthworms (Oligochaeta: Lumbricidae) in Colorado, USA as hosts of the cluster fly Pollenia rudis. Megadrilogica. Vezsenyi, T., et al. (2022). The history and current state of cluster flies (Diptera: Polleniidae: Pollenia) in North America. The Canadian Entomologist. 253 From:Cola Rowley To:Mike Maas Cc:Anna Saverud Subject:FW: [EXTERNAL]Fwd: To Whom It May Concern Date:Wednesday, August 12, 2026 3:22:33 PM Cola Rowley | Assistant City Manager City of Bozeman 406-582-2325 Cola.Rowley@bozemanmt.gov From: Katherine Miller <katherinemiller3777@gmail.com> Sent: Wednesday, August 12, 2026 2:50 PM To: Anna Saverud <Anna.Saverud@bozemanmt.gov>; Cola Rowley <Cola.Rowley@bozemanmt.gov> Subject: [EXTERNAL]Fwd: To Whom It May Concern CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. ---------- Forwarded message --------- From: Ryan Rathbun <> Date: Tue, Aug 11, 2026 at 10:37 PM Subject: To Whom It May Concern To: Katherine Miller <KatherineMiller3777@gmail.com> To Whom It May Concern Subject: Confirmation of Professional Services & Property Site Visit Report This letter serves to formally confirm the professional services rendered by Bigfoot SurfacesLLC regarding the project for Katherine Miller at 3309 Feildstone, as well as our observationsduring site visits conducted between May 2026 and August 2026. 1. Deck Design, Engineering & Permitting Services Bigfoot Surfaces LLC was retained by Katherine Miller to assist with the design, structuralreview, and permitting process for a proposed second-floor deck after initial applicationattempts encountered municipal approval hurdles. Due to specific zoning regulations,structural load considerations, and egress codes associated with elevated structures, securingthe necessary building permit required a dedicated, multi-stage review process. 254 Over the course of multiple submittals to the City of Bozeman Building Department—whichincluded six hours of dedicated design meetings and structural planning to fulfill municipalstandards—we completed the following: Initial Assessment & Plan Review: Conducted an on-site evaluation of the existingstructure and systematically reviewed previous municipal feedback.Revision of Engineering & Plan Documents: Updated structural drawings to addressspecific city requirements regarding footing depths, post-to-beam connections, andguardrail attachments for elevated decks.Resubmission & Inter-Agency Coordination: Re-submitted modified plans throughmultiple review cycles and coordinated directly with local code officials to resolve alloutstanding items. Following these comprehensive revisions, all municipal requirements have been fulfilled toclear the project for approval. 2. Observed Pet & Property Conditions During our regular site visits throughout the consultation and planning phase (May throughAugust 2026), our personnel observed the following regarding the premises and managementof the property: Pet Management & Safety: All dogs on the property were managed responsibly andkept under control at all times. When dogs were placed in kennels during our visits, itwas done purely as a standard safety precaution to allow our team to conduct structuralevaluations without interruption. This practice was implemented due to their energetic,friendly puppy behavior rather than any aggressive tendencies.Property Sanitation & Cleanliness: The premises were consistently well-maintained.Any pet waste observed on the property was either actively being cleaned or fell withinnormal daily accumulation, demonstrating regular and attentive care.Active Property Enhancements: Significant structural improvements are underway tofurther maintain a clean environment. Recent efforts include installing a concrete patioto allow for easier, long-term sanitation, as well as laying new sod in the backyard. Please feel free to contact me directly if further documentation, details, or clarification arerequired. Sincerely, Ryan Rathbun Owner / Principal Bigfoot Surfaces LLC 255 Ryan Rathbun Bigfoot Surfaces LLC 256 Memorandum REPORT TO:City Commission FROM:Chris Saunders, Community Development Manager Erin George, Community Development Director SUBJECT:Authorize the City Manager to Sign an Agreement Between the City of Bozeman and Montana State University to Update the Water and Wastewater Impact Fee Declining Balance Program Established by Resolution 4939 MEETING DATE:August 18, 2026 AGENDA ITEM TYPE:Agreement - Agency/Non-profit RECOMMENDATION:Consider the Motion: I move to authorize the City Manager's signature on the water and sewer impact fee declining balance agreement with Montana State University. STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other public agencies and build on these successes. BACKGROUND:Montana State University is the City's largest utility customer. As described in the attached agreement, MSU has an unusual water system that connects differently to the municipal system than the typical utility customer. In recognition of this, the Commission passed Resolution 4939 [external pdf] on July 23, 2018, action item I.2. The resolution, and this agreement, identify and recognize the uniqueness of the MSU utility connections and create procedures for the review of water and sewer demand and associated impact fees. In addition, MSU has made great efforts to conserve water within the campus with numerous retrofit projects to improve efficiency of water fixtures and operational equipment. Impact fees are charged when there is an increase in demand for service. The conservation efforts of MSU have reduced demand for water and wastewater services. This saves costs for both new construction and continued operations. The City's Integrated Water Resources Plan and Water Conservation Division strongly support investments in water efficiency. The City's impact fee regulations identify the opportunity to not incur impact fees when an applicant demonstrates there is no increase in service demand, see 2.06 Division 9 (external link), paragraphs 2.06.1670.G and 2.06.1680.G, BMC. The program adopted in 2018 addresses the reduction in water and sewer demand resulting from the conservation measures, and how that interacts with new construction on campus. MSU has constructed 10 new facilities 257 since then. Some are in the documentation and reconciliation period. More are in planning stages. To date, MSU has used approximately 62% of the documented demand offset balance. The demand offset created by the conservation of water has enabled MSU to not incur impact fee charges for water and sewer services and enabled the City to avoid capital expenditures to expand the capital equipment to provide water and sewer services to MSU. Due to the passage of time, draw down of demand offsets, and identification of needed clarifications, it is appropriate to provide an update to the City Commission on the status of the program and to update the documents to reflect the actions taken to date. The new agreement also provides greater clarity on how new demand offsets are documented, added to the program, tracked over time, and how reconciliation of expected and actual demand occurs. These are refinements to the existing system. The proposed agreement continues the existing program. UNRESOLVED ISSUES:None. ALTERNATIVES:As identified by the City Commission. FISCAL EFFECTS:This action does not expend any funds. Attachments: Impact Fee MSU Credit Balance Program Update Agreement for 8-18-2026 CC meeting.pdf Tables 1 and 2 Tracking Demand Offset Program 7-28- 2026.pdf Report compiled on: August 10, 2026 258 AN AGREEMENT OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AND MONTANA STATE UNIVERSITY, AMENDING AND UPDATING THE WATER IMPACT FEE AND WASTEWATER IMPACT FEE DEMAND OFFSET PROGRAM FOR MONTANA STATE UNIVERSITY INITIALLY ESTABLISHED BY RESOLUTION 4939 WHEREAS, Chapter 2, Article 6, Division 9, Bozeman Municipal Code (BMC) sets forth the impact fee regulations of the City of Bozeman, which are codified as Sec. 2.06.1600 BMC et seq.; and, WHEREAS, Sections 2.06.1670.G and 2.06.1680.G provide authority for exemptions under defined conditions from payment of water impact fees and wastewater impact fees respectively; and, WHEREAS, Montana State University (MSU) is a unique and major customer of the City’s water and wastewater utilities that owns and operates its own water distribution and wastewater collection systems within the MSU campus, and these systems are provided water from the City water utility by means of a ring of meter pits that surround the MSU campus, and discharges wastewater into the City’s wastewater collection and treatment system; and, WHEREAS, MSU has invested and continues to invest significant capital resources to implement water efficiency measures within campus buildings that have produced measurable reductions in demand and impact to the City’s water and wastewater utilities; and, WHEREAS, MSU’s measurable reductions in water use and associated wastewater discharges attributable to efficiency measures completed since 2014 can be utilized to offset new water and wastewater demands for post-2014 campus developments by an amount equivalent to the measurably reduced volumes; and, WHEREAS, MSU has sub-metered existing buildings on campus to capture actual indoor water use and associated wastewater discharge data and affirms that it will sub-meter each future building to be constructed on campus; and, 259 WHEREAS, a measurable reduction in water use and associated wastewater discharges is defined as the metered water use occurring in a pre-2014 campus building prior to the implementation of efficiency measures completed since 2014 less the metered water use occurring after the implementation of efficiency measures; and, WHEREAS, the total respective water and wastewater demand offsets available to MSU is defined as the summation, on an annual basis, of all measurable reductions, as metered per building, in water use and associated wastewater discharges directly attributable to water use efficiency measures that have already been undertaken on campus since 2014, or that may occur in the future; and, WHEREAS, the water and wastewater impact fee exemption program created by this Resolution is effective insofar as MSU has water and wastewater demand offsets available; and, WHEREAS, it is appropriate to update the demand offset program to reflect changed circumstances over time where demand offsets were used or created, WHEREAS, both the City of Bozeman and Montana State University desire to continue to encourage water conservation and efficiency, NOW, THEREFORE, BE IT AGREED: PART 1 - FINDINGS 1. The City Commission finds that the purpose of Sections 2.06.1670.G.1 and 2.06.1680.G.1 BMC is to exempt payments of water and wastewater impact fees in specific instances where development for which impact fees are applicable does not create an additional demand or impact to the City’s water treatment and distribution system, and wastewater collection and treatment system. 2. The City Commission has established as part of the Integrated Water Resources Plan a policy to encourage the conservation of water and has established various programs to reduce water consumption both internal and external to existing buildings and to encourage more efficient new construction. 3. The City Commission and Montana State University find that due to the unique manner in which MSU’s water system is provided water through a ring of water meter pits surrounding campus that are connected to the City’s water utility, and that because these meters are 260 currently sized to meter MSU’s water usage and do not require enlargement to satisfy metering capacity for new development to be connected to the campus water system, that the exemption criteria contained in Sections 2.06.1670.G.1.a and 2.06.1680.G.1.a are met. 4. The City Commission and Montana State University find that increasing the size of the existing meters from 6-inch diameter to 8-inch diameter to match revised City standards for water mains would result in a significant water and wastewater impact fee despite an absence of commensurate increase in demand for service and that such a fee without associated documented demand is not appropriate. 5. The City Commission finds that future water and wastewater impact fee exemptions requested by Montana State University are valid claims so long as there remain unused demand offsets, and that future exemption requests for future Montana State University development will be resolved under the process described in Part 2 below. 6. This agreement does not affect elements of the impact fee program not explicitly addressed in this agreement. PART 2 - MSU WATER AND WASTEWATER IMPACT FEE EXEMPTION FOR FUTURE MONTANA STATE UNIVERSITY DEVELOPMENT 1. Offset Credits. Future MSU development may utilize available water and wastewater demand offsets to exempt MSU from the payment of respective water and wastewater impact fees for future development so long as there is a positive remaining demand offset balance. Demand offsets are established by documented measurable reductions in water use and associated wastewater discharges directly attributable to the implementation of water efficiency measures conducted at MSU since 2014. Montana State University will provide to the City sub-metering data for MSU buildings for which efficiency measures have been completed. These data shall include the metered water use for both pre- and post- efficiency measure completion for each building in which the efficiency measures have been completed. Respective demand offsets will be determined per building on an annual basis by subtracting the post-efficiency metered usage from pre-efficiency metered usage. The total respective water and wastewater demand offsets available is the summation of demand offsets calculated for each building in which efficiency measures have been completed. 2. Documentation. MSU will provide documentation of prior demand and the reduction in demand created by water conservation measures to support additions to the demand offset balance tracked by the City. Demand reduction must be demonstrated for a period of two years prior to being added to the balance. 261 3. Reconciliation. The City will evaluate the provided sub-metered data and will maintain an accounting of the total respective demand offsets available. The accounting will be shared with MSU upon request. The accounting will be maintained periodically, but no less frequently than with each MSU development for which a demand offset is requested, or when documentation for additional reduction in demand is provided by Montana State University under this agreement. The accountings will take the general form of Table 1 and Table 2 attached and made part of this agreement as Exhibit A. The City reserves the right to modify the tables as necessary over time to maintain a record of the remaining demand offsets. If insufficient offset credits are available to cover all new demand, then Montana State University must provide a payment to the City for impact fees for the remaining demand amount not offset. The payment must be made within 90 calendar days of the date of the reconciliation of expected and actual demand for an amount at the inflation-adjusted cost per gallon established in the most current water or sewer impact fee service area report in effect at the time of the impact fee evaluation. PART 3 – TERMINATION Either party may terminate this agreement and return to standard impact fee processes by providing written notice to the City Manager not less than six months prior to the date upon which the agreement will terminate. Any buildings for which a building permit has been issued prior to the date of notice of termination will complete development subject to the procedures of this agreement. Effective Date. This Agreement continues the program initially established by City Commission resolution 4939 and revisions shall be in full force and effect immediately upon signature by both parties. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 262 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 MONTANA STATE UNIVERSITY By________________________________ By__________________________________ Chuck Winn, City Manager John How, Associate Vice President University Facilities Management APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 263 Table 1 - MSU Water Impact Fee Demand Offset Tracking A B C D E G H I J K Building Total Water Offset Credit Available (gallons) Water IF Fee Basis (Gallons) Date Credit Offset Applied Date of Full Occupancy Actual Metered Use (gal/yr, at Col D +2 yrs Date Actual Metered Use Provided by MSU 2 years of metered use after occupancy (yes or no) Remaining Water Offset Credit Available Remaining Water Offset Credit Available based on Deducting Impact Fee Impact gallons Remaining Water Offset Credit Available based on Deducting Actual Usage CILWR 38.410.130 Compliance Hyalite Residence Hall 7,780,000 2,494,118 December, 17 2018 January 2021 2,566,146 12/19/2023 yes 5,213,854 5,285,882 5,213,854 N/A: predated Ord. 2043 eff 9/17/2020 American Indian Hall 5,213,854 156,780 February 10, 2020 October 2021 46,756 12/19/2023 yes 5,167,098 5,057,074 5,167,098 N/A: predated Ord. 2043 eff 9/17/2020 Bobcat Athletic Complex 5,167,098 409,142 February 10, 2020 October 2021 676,502 12/19/2023 yes 4,490,596 4,757,956 4,490,596 N/A: predated Ord. 2043 eff 9/17/2020 Jones Nursing Hall 4,490,596 74,440 May 9, 2024 TBD TBD TBD no 4,416,156 4,416,156 TBD N/A: Estimate demand < 0.25 AF Ord. 2043 compliance threshold Gianforte Hall 4,416,156 220,800 August 5, 2024 TBD TBD TBD no 4,195,356 4,195,356 TBD yes Bobcat Indoor Athletic Facility 4,195,356 219,000 August 21, 2024 September 2022 422,994 2/20/2026 yes 3,772,362 3,976,356 3,772,362 yes MSU Facilities Yard Bldg 3,772,362 248,000 August 27, 2024 TBD TBD TBD no 3,524,362 3,524,362 TBD yes BART Farm Ex. Bldg Connections 3,524,362 152,500 September 6, 2024 TBD TBD TBD no 3,371,862 3,371,862 TBD yes MT PBS Bldg 3,371,862 396,240 February 13, 2026 TBD TBD TBD no 2,975,622 2,975,622 TBD yes Rendezvous Dining Facility - Reconciliation 2,975,622 1,753,460 April 20, 2026 April 2019 3,912,788 4/20/2026 yes 816,294 2,925,132 816,294 N/A: predated Ord. 2043 eff 9/17/2020 Table 2 - MSU Wastewater Impact Fee Demand Offset Tracking A B C D E G H I J K Building Total Wastewater Offset Credit Available (gallons) Wastewater IF Fee Basis (Gallons) Date Credit Offset Applied Date of Full Occupancy Actual Metered Use (gal/yr, at Col D +2 yrs Date Actual Metered Use Provided by MSU 2 years of metered use after occupancy (yes or no) Remaining Wastewater Offset Credit Available Remaining Wastewater Offset Credit Available based on Deducting Impact Fee Impact gallons Remaining Wastewater Offset Credit Available based on Deducting Actual Usage Hyalite Residence Hall 7,780,000 2,494,118 December, 17 2018 January 2021 2,566,146 12/19/2023 yes 5,213,854 5,285,882 5,213,854 American Indian Hall 5,213,854 156,780 February 10, 2020 October 2021 46,756 12/19/2023 yes 5,167,098 5,057,074 5,167,098 Bobcat Athletic Complex 5,167,098 409,142 February 10, 2020 October 2021 676,502 12/19/2023 yes 4,490,596 4,757,956 4,490,596 Jones Nursing Hall 4,490,596 74,440 May 9, 2024 TBD TBD TBD no 4,416,156 4,416,156 TBD Gianforte Hall 4,416,156 220,800 August 5, 2024 TBD TBD TBD no 4,195,356 4,195,356 TBD Bobcat Indoor Athletic Facility 4,195,356 219,000 August 21, 2024 September 2022 422,994 2/20/2026 yes 3,772,362 3,976,356 3,772,362 MSU Facilities Yard Bldg 3,772,362 248,000 August 27, 2024 TBD TBD TBD no 3,524,362 3,524,362 TBD BART Farm Ex. Bldg Connections 3,524,362 152,500 September 6, 2024 TBD TBD TBD no 3,371,862 3,371,862 TBD MT PBS Bldg 3,371,862 396,240 February 13, 2026 TBD TBD TBD no 2,975,622 2,975,622 TBD Rendezvous Dining Facility - Reconciliation 2,975,622 1,753,460 April 20, 2026 April 2019 3,912,788 4/20/2026 yes 816,294 2,925,132 816,294 Program created by Commission Resolution No. 4939 264 Memorandum REPORT TO:City Commission FROM:Melissa Hodnett, Finance Director Chuck Winn, City Manager SUBJECT:Resolution Establishing and Affixing Property Tax Mill Levies for Fiscal Year 2027 (FY27) MEETING DATE:August 18, 2026 AGENDA ITEM TYPE:Finance RECOMMENDATION:Consider the Motion: I move to adopt the resolution establishing and affixing property tax mill levies for Fiscal Year 2027. STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND: Each year, the City Commission sets property tax rates, called mill levies, based on certified property values provided by the Montana Department of Revenue. The City Commission adopted the 2027 Biennium Budget and FY27 Annual Operating Budget on June 23, 2026, using estimated taxable values and estimated revenue generated by the City’s mill levies. Certified property values are received after adoption of the budget. Recent changes to Montana property tax law significantly reduce the tax burden for many primary residences. Based on current estimates, the typical primary homeowner is projected to pay over $100 less in annual City property taxes in FY27 than in FY26 even if the City levies its full statutory mill authority. FY27 certified values reflect significantly less newly taxable value than assumed in the adopted budget. While total taxable value increased, the lower level of newly taxable value reduces recurring property tax revenue growth available to support General Fund services in FY27 and future years. Incorporating the certified values into the City’s six-year General Fund forecast resulted in a structural imbalance in the later years of the forecast. 265 In response, staff reduced ongoing General Fund expenditures and incorporated a modest level of annual operating savings into the model. Even with those adjustments, the forecast does not maintain the City’s 16.67% minimum General Fund reserve throughout the six-year period. Staff therefore recommends levying the City’s full available mill authority for FY27 to provide additional recurring revenue needed to maintain minimum reserves and strengthen the long-term financial position of the General Fund. Each mill of property tax authority generates approximately $235,000 annually based on FY27 certified taxable values. Leaving four mills unlevied would therefore reduce ongoing General Fund revenue by approximately $940,000 annually. UNRESOLVED ISSUES:None. ALTERNATIVES: The City Commission may choose to levy fewer than the full statutory mill authority. A lower levy would reduce property taxes collected in FY27, and would also reduce recurring General Fund revenue available in future years. Each mill not levied represents approximately $235,000 in annual recurring revenue based on FY27 certified taxable values. If the Commission chooses a lower levy, the City would need to accommodate the reduced recurring revenue through some combination of additional expenditure reductions, changes to planned service levels or ongoing commitments, and/or greater reliance on General Fund fund balance and future operating savings. FISCAL EFFECTS:Adoption of the resolution at the statutory maximum levy will provide the recurring property tax revenue reflected in the updated FY27 General Fund forecast. The final number of mills and estimated property tax revenue are in the attached resolution. The recommended levy, together with General Fund expenditure reductions and other budget management actions, supports maintenance of the City's 16.67% minimum reserve over the six-year forecast and reduces reliance on one-time resources to support ongoing expenditures. Attachments: ResolutionEstablishingMillLeviesFY27-FINAL.docx Report compiled on: August 6, 2026 266 267 Resolution Establishing and Affixing the Number of Mills for FY27 RESOLUTION A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING AND AFFIXING THE NUMBER OF MILLS TO BE CHARGED AGAINST THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY SITUATED WITHIN THE CORPORATE JURISDICTIONAL BOUNDARIES OF THE CITY FOR FISCAL YEAR 2026-2027 (FY27). WHEREAS, after due and proper legal notice, at a regular session of the City Commission on August 18, 2026, the public hearing on the proposed change of ad-valorem tax revenue was held; and WHEREAS, the Montana Department of Revenue issued to the City a Certified Taxable Valuation received on August 3, 2026; and WHEREAS, in accordance with Montana Code Annotated 7-6-4036, the governing body shall fix the tax levy for each taxing jurisdiction by the later of the first Thursday after the first Tuesday in September or within 30 days after receiving certified taxable values; and WHEREAS, the City Clerk must certify to the County Clerk a copy of the resolution. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: Section 1 That for the purpose of providing and maintaining basic City services the City Commission of the City of Bozeman, Montana does hereby affix 117.11 mills to be levied for the All-Purpose General Fund for general government purposes as provided by Sections 7-6-4451 and 15-10-420 MCA. Section 2 That the City Commission of the City of Bozeman, Montana does hereby establish and affix a mill levy in the amount of 2.0 mills to provide funds for the City Planning Activity as provided by Sections 7-6-4451 and 15-10-420 MCA. 268 Resolution Establishing and Affixing the Number of Mills for FY27 Section 3 That the City Commission of the City of Bozeman, Montana does hereby establish and affix a mill levy in the amount of 17.39 mills to provide for the total City payment of premiums for Health Medical Insurance for City employees as provided by Section 2-9-212 MCA. Section 4 That for the purpose of providing and maintaining basic City services, the City Commission of the City of Bozeman, Montana does hereby affix 1.09 mills to be levied for Senior Transportation as provided by Section 15-10-425 MCA. Section 5 That for the purpose of providing and maintaining basic City services, the City Commission of the City of Bozeman, Montana does hereby affix 4.37 mills to be levied for Fire Department Capital Equipment as provided by Section 15-10-425 MCA. Section 6 That for the purpose of providing and maintaining basic City services, the City Commission of the City of Bozeman, Montana does hereby affix 13.13 mills to be levied for Fire Department staffing as provided by Section 15-10-425 MCA. Section 7 That for the purpose of providing and maintaining basic City services, the City Commission of the City of Bozeman, Montana does hereby affix 15.33 mills to be levied for Police Department staffing as provided by Section 15-10-425 MCA. Section 8 In accordance with Section 7-7-4265 MCA, the City Commission of the City of Bozeman, Montana does hereby establish and affix a mill levy in the amount of 4.18 mills to provide for principal and interest payments on outstanding Trails, Open Space and Parks (TOP) General Obligation Bonds, 10.35 mills to provide for principal and interest payments on outstanding Bozeman Public Safety Center (BPSC) General Obligation Bonds, and 3.62 mills to provide for principal and interest payments on outstanding Fire Station #2 Relocation & Recreation General Obligation Bonds. 269 Resolution Establishing and Affixing the Number of Mills for FY27 PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 18 day of August, 2026. ___________________________________ JOEY MORRISON Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 270 Resolution Establishing and Affixing the Number of Mills for FY27 CITY OF BOZEMAN Mill Levy Fiscal Year 2026-2027 (FY27) Levy Purpose Number of Mills All Purpose Levy 117.11 City Planning 2.00 Health/Medical Insurance 17.39 Senior Transportation 1.09 Fire Department Capital Equipment 4.37 Fire Department Staffing 13.13 Police Department Staffing 15.33 Parks & Trails GO Bonds 4.18 Bozeman Public Safety Center Bonds 10.35 Fire Station #2 & Recreation GO Bonds 3.62 Grand Total Levied 188.57 271 Memorandum REPORT TO:City Commission FROM:Melissa Hodnett, Finance Director Erin George, Community Development Director SUBJECT:Resolution Adopting Planning Fee Schedule for FY27 MEETING DATE:August 18, 2026 AGENDA ITEM TYPE:Finance RECOMMENDATION:Consider the Motion: I move to adopt resolution establishing planning fees for FY27. 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:The Community Development Department leads development review for compliance with State and local land use regulations and processes. Within Community Development, Planning Division staff help applicants navigate permit processes and review applications for compliance with the Unified Development Code. Planning staff are also responsible for broader public services including providing public notices, collecting public comments, and answering questions from the general public. Long-Range Planning staff also manage updates to Municipal Code and the City’s Land Use Plan, facilitate community engagement efforts, and coordinate two advisory boards – community development and historic preservation. The City’s general financial policy is for those who generate needs for municipal services to defray those costs. As the staff supports both applicants and the general public, a portion of the Planning Division’s costs are paid with application fees and a portion with General Fund revenue (primarily property taxes). This reflects a necessary balance between applicant-funded review services and city-funded public services. On April 13, 2021, the City Commission adopted Resolution 5286 updating planning fees based on a fee study performed by BerryDunn and published on April 2, 2021. At the time of the study, the cost recovery percentage for Planning was 59.6%. Since 2021, costs have increased at a rate higher than anticipated in the 2021 cost model. To better align application fees with the cost of providing planning and development review services, while maintaining a balance between taxpayer support and applicant affordability, this resolution proposes approximately 15% increases to planning fees for 272 FY2027. A Planning Fee Study is currently underway to analyze any future changes that are needed to the cost recovery rates and planning fees. Any changes indicated as a result of that study will be included in a future resolution. The fee schedule proposed for adoption includes many application types and a wide range of reviews that are routinely performed. The City adopts a schedule of fees that is specific to application types to pursue an equitable best fit between fees charged and resources consumed during a review. Some application types, such as site plans, have a wide range of scope and complexity. For these kinds of applications, the City has established a scaled fee so that larger and more complex applications which require greater resources to review pay a proportionately higher fee. Scaled fees are capped to reflect the infrequency of extremely large projects and the diminishing marginal effort for each additional unit of development. UNRESOLVED ISSUES:None. ALTERNATIVES:The proposed rate increases are consistent with the 2027 Biennium Adopted Budget. Changes to the rates proposed in this resolution will require budget amendments. FISCAL EFFECTS:The proposed increases are intended to improve the cost recovery rate of the Planning Division of the Community Development Department. Attachments: FY27 Fee Schedule for Planning Fees.pdf 8.18.26_Planning_Fees_Resolution_FINAL Report compiled on: August 6, 2026 273 Current Base Fee Scaled fee by Project Size Current FY27 Base Fee Effective 9/1/2026 Scaled fee by Project Size Effective 9/1/2026 Pre-Application Consultation - If these charges are incurred, the fees must be paid prior to final project approval. 1 Pre-application Consultation with City Planners $80 per hour after initial two hours $90 per hour after initial two hours Concept Review 2 Concept Review $250 $290 Site Development 3 Master Site Plan $3,850 $4,425 4 $165 per Dwelling Unit (DU), not to exceed 150 DU’s; $190 per Dwelling Unit (DU), not to exceed 150 DU’s; Non-Residential Space 0- 150,000 SF: $530 per 1,000 ft2 Non-Residential Space 0- 150,000 SF: $610 per 1,000 ft2 Subdivision Development 5 Subdivision Pre-Application (Step 1) $950 minor/ $1,810 major $70 per lot $1,090 minor/ $2,080 major $80 per lot 6 $120 per lot subject to sketch plan; $140 per lot subject to sketch plan; $50 per lot subject to site plan $55 per lot subject to site plan 7 Subdivision Final Plat (Step 3)$3,410 minor/ $5,685 major $60 per lot $3,920 minor/ $6,535 major $70 per lot 8 Subdivision Exemption $265 $305 9 Condominium Review (Independent of site development process) $350 $400 *Planned Development Zone (PDZ) 10 PDZ Concept Plan (Step 1) $2,955 $3,400 12 PDZ Final Plan (Step 3) $2,715 $100 per requested exception $3,120 $100 per requested exception *Ordinance 2104 repealed and replaced Planned Unit Developments (PUD’s) with Planned Development Zones (PDZ) effective 10/2 Annexation 13 Annexation (Including Initial Zone Map Amendment)$3,325 $3,825 Appeals 14 Appeal of Administrative Interpretation $1,545 $1,775 15 Appeal of Administrative Project Decision $3,175 $3,650 11 PDZ Preliminary Plan (Step 2) $3,400 $100 per requested exception $3,910 $100 per requested exception Site Plan $4,180 $4,805 Subdivision Preliminary Plat (Step 2) $3,850 minor/ $6,130 major $4,425 minor/ $7,050 major Application Type FY27 Fee Schedule for Planning Fees Pursuant to City Commission Resolution (August 2026) Planning Review Applications Exhibit A: FY27 Fee Schedule for Planning Fees 1 274 Current Base Fee Scaled fee by Project Size Current FY27 Base Fee Effective 9/1/2026 Scaled fee by Project Size Effective 9/1/2026 Zoning Reviews & Design Reviews 16 Commercial/Non-Residential COA (Independent of a Site Plan or Reuse application) $725 $835 17 Historic Neighborhood (NCOD) Design Review / Residential COA (both new applications and renewals) $255 $295 Zoning Reviews & Design Reviews Continued 18 Informal Review $580 $665 19 Zoning Deviation, Departure, or Variance $465 each $535 each 20 Zoning Variance or Subdivision Variance – independent $3,530 $4,060 21 Special Use Permit (SUP)$2,375 $2,730 22 Special Temporary Use Permit $355 per week $410 per week 23 Comprehensive Sign Plan Review $475 $545 24 Zoning Verification Single Household/Duplex $150 per geocode/parcel $170 per geocode/parcel All other property types $340 per geocode/parcel $390 per geocode/parcel Expedited Letters (less than 15 business days) $340 additional per geocode/parcel $390 additional per geocode/parcel 25 Wetlands Review $250 $290 Regulatory Changes 26 UDC Text Amendment $3,495 $4,020 27 Growth Policy Amendment $6,130 $7,050 Penalty / Special Consideration Fees - If these charges are incurred, the fees must be paid prior to final project approval. 28 After the Fact Permit $500 in addition to all other applicable fees $500 in addition to all other applicable fees 29 3rd and Subsequent Submission of Revised Materials 1/4 of total original application fee 1/4 of total original application fee 30 Modification / Amendment to Approved Plan $435 $500 31 3rd or Subsequent Occupancy Site Inspection $190 $220 32 Extension to Approved Plan $545 $625 Penalty / Special Consideration Fees Continued 33 Initial Improvements Agreement (IA) $770 OR 1% of face value (1.5 times estimate(s)), whichever is greater $885 OR 1% of face value (1.5 times estimate(s)), whichever is greater 34 Reduction in Security (other than final)$380 $435 35 Impact Fee Deferral $105 $120 Application Type Abbreviations: UDC = Unified Development Code; DU = Dwelling Unit; COA = Certificate of Appropriateness; NCOD = Neighborhood Conservation Overlay District; Exhibit A: FY27 Fee Schedule for Planning Fees 2 275 Planning Review Fees for Building & Sign Permits These fees will be assessed and collected by the Building Division as part of the permitting process. No planning application is needed. Permit Type Sign Permit Review Residential Building Permit Review Commercial/Industrial Building Permit Review Registration and Inspection Fees for Short Term Rentals These fees will be assessed and collected by the Department of Community Development as part of the registration process. Registration is required annually. A zoning review may be required in addition. Action Fee Current Fee Effective 9/1/2026 Short Term Rental Registration $250 $290 Fire Inspection $225 $260 $165 $190 $200 if in Overlay District; $40 all others $230 if in Overlay District; $45 all others $80 $90 Planning Review Fee Current Planning Review Fee Effective 9/1/2026 Exhibit A: FY27 Fee Schedule for Planning Fees 3 276 RESOLUTION A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING THE FEE SCHEDULE FOR THE REVIEW OF ZONING, SUBDIVISION, ANNEXATION, LAND USE PLAN PROPOSALS, AND OTHER COMMUNITY DEVELOPMENT RELATED REVIEW PROCESSES, AS ALLOWED BY SECTIONS 7-1-101, AND 76-25-501, MONTANA CODE ANNOTATED (MCA) AND SECTION 38.700.140, BOZEMAN MUNICIPAL CODE. WHEREAS, the City of Bozeman collects fees to cover a portion of the administrative costs of processing and reviewing zoning, subdivision, annexation, land use plan proposals and other planning related review processes; and WHEREAS, said fee schedule must be updated from time to time to reflect changes in City procedures, increases in costs to the City, and legislative changes at the State level; and WHEREAS, Section 76-25-501 MCA authorizes local governments to collect fees to examine subdivision exemptions and Section 76-3-602, MCA authorizes local governments to establish reasonable fees, to be paid by the subdivider, to defray the expense of reviewing subdivision exemptions; and WHEREAS, the City of Bozeman is authorized to collect fees for the review of annexation, zoning land use plan proposals, and long-range planning, based on the provisions of Section 7-1- 101, MCA, because state statute does not prohibit the collection of fees for annexation, zoning review and land use plan proposal review; and WHEREAS, the City of Bozeman has adopted standards for short term rentals that require expenditures for review processing for which revenues must be collected to offset; and WHEREAS, the City of Bozeman has adopted standards for building permits that require expenditures for review processing for zoning compliance for which revenues must be collected to offset; and 277 WHEREAS, the City of Bozeman is authorized to collect fees for the purposes of 76-1- 102, MCA which is accomplished by development and implementation of the land use plan which fees are in addition to any other authorized review fees, based on the provisions of Section 76- 1-410, MCA and the City has committed through Resolution 4112 to the land use plan contents as required; and WHEREAS, Section 38.700.140 of the Bozeman Unified Development Code states that: “The city commission must establish a schedule of fees, charges and expenses and a collection procedure for reviews, permits, appeals and other matters pertaining to his chapter. The schedule of fees for the procedures listed below will be set from time to time by the city commission by resolution. The fees must be available in the office of the community development director and may be altered or amended only by the city commission.”; NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: Section 1 The fee schedule for the fees, charges and expenses for review of impact fee deferrals, zoning, subdivision, annexation and land use plan proposals, building permit review for zoning compliance, short term rentals, and all other reviews associated with the review of applications, agreements and other reviews as specified in the Unified Development Code shall be adopted as indicated in Exhibit A, which replaces all previously adopted fees. Section 2 This fee schedule shall be in full force and effect on September 1, 2026. Section 3 Fees may be adjusted annually for inflation, no higher than 3% administratively starting September 1, 2027 (fiscal year 28). 278 PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 18th day of August, 2026. ___________________________________ JOEY MORRISON Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 279 Memorandum REPORT TO:City Commission FROM:Nicholas Ross, Director of Transportation and Engineering Melissa Hodnett, Finance Director SUBJECT:Resolution Amending the Fee Schedule for Permits Reviewed and Approved by the Department of Transportation and Engineering MEETING DATE:August 18, 2026 AGENDA ITEM TYPE:Finance RECOMMENDATION:Consider the Motion: I move to adopt the resolution amending the fee schedule for permits reviewed and approved by the Department of Transportation and Engineering. 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:Under the resolution, fees for the review and approval of permits issued by the Department of Transportation and Engineering will be increased. The intent of the increases is to maintain cost recovery. The public hearing for this resolution was adequately noticed on Saturday August 8th and 15th. The proposed Transportation & Engineering Fee Schedule is attached for review. UNRESOLVED ISSUES:None ALTERNATIVES:The proposed increases are consistent with the 2027 Biennium Adopted Budget. Changes to the rates proposed in this resolution will likely require budget amendments. FISCAL EFFECTS:The proposed increases are intended to improve the cost recovery rate of the Transportation and Engineering Department. Attachments: 8.18.26 Transportation Fees_Resolution_FINAL.docx FY27 Transportation & Engineering Fee Schedule.pdf 280 Report compiled on: August 6, 2026 281 RESOLUTION A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE FEE SCHEDULE FOR PERMITS REVIEWED AND APPROVED BY THE DEPARTMENT OF TRANSPORTATION AND ENGINEERING. WHEREAS, pursuant to §7-6-4013, Montana Code Annotated (MCA) when a local government has authority to establish a fee for a service to those served by the local government, the fees must be reasonable and related to the cost of providing the service; and WHEREAS, the City by and through the Department of Transportation and Engineering (the “Department”) issues permits to individuals or entities for services that impact, occur on, or are related to street, sidewalks, pathways, and other public rights of way within the city; and WHEREAS, pursuant to Sec. 34.02.030 Bozeman Municipal Code (BMC) the Department is authorized to issue permits and collects fees for excavations in the public right of way; and WHEREAS, pursuant to Sec. 38.400.090(A)(2) BMC the Department is authorized to issue permits for curb cuts, driveways, and sidewalks; and WHEREAS, pursuant to Sec. 34.02.040 and Sec. 34.02.050 BMC the Department may permit obstructions of a public right-of-way for residential or commercial needs; and WHEREAS, pursuant to Sec. 38.410.060 BMC the Department is authorized to permit encroachment permits for utility easements in the dedicated right-of-way; and WHEREAS, pursuant to Sec. 38.600.180 BMC the Department is authorized to collect an application review fee for flood plain permits in an amount established by city commission resolution; and WHEREAS, pursuant to Sec. 40.02.740 BMC the Department is authorized to review fire flow applications; and 282 WHEREAS, pursuant to Sec. 34.05.080 BMC the Department is authorized to issue permits and collect fees for exclusive use of a public right-of-way in the downtown business district; and WHEREAS, pursuant to Chapter 34, Article 8 BMC the City is authorized to permit and recover costs related to parades and public assemblies including costs of traffic control signals and street closures for events; and WHEREAS, pursuant to Sec. 34.08.220 BMC the City is authorized to issue waivers for open containers of alcohol and collect associated fees; WHEREAS, the Department completed an Engineering Review Fee Study in 2024 to reevaluate fees collected by the Department of Transportation and Engineering and to examine the full cost to the city for providing these services and cost recovery. The results of the fee study identified services the Department currently provides but is not assessing fees for; where fees currently collected are well below cost recovery amounts; and recommendations with industry standards to revise the fees to more accurately and equitably recover costs for services. WHEREAS, Resolution 5589 adopted an updated Transportation and Engineering fee schedule based on the recommendations included in the 2024 Engineering Review Fee Study; WHEREAS, incremental adjustments to fees adopted in Resolution 5589 are required to keep pace with increases in staff cost and to maintain cost of service recovery; NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: Section 1 Transportation and Engineering fees are updated and established as detailed in the Transportation and Engineering Fee Schedule. Section 2 The Transportation and Engineering Division Fee Schedule goes into effect September 1, 2026. 283 PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 18th day of August, 2026. ___________________________________ JOEY MORRISON Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 284 Individual Fee / Service Name Current Base Fee Current Variable Fee Proposed Base Fee Proposed Variable Fee Exclusive Use Permit for Downtown B-3 District $100 Additional fee is calculated by multiplying the square-foot area of the right of way encumbered by the exclusive use, by the total final square-foot land value of the adjacent property (as determined in the most recent appraisal by the MT Dept of Revenue for ad valorem property taxation purposes), multiplied by the whole month percentage of the calendar year the exclusive use is occurring, multiplied by a factor of 5%. $115 Additional fee is calculated by multiplying the square-foot area of the right of way encumbered by the exclusive use, by the total final square-foot land value of the adjacent property (as determined in the most recent appraisal by the MT Dept of Revenue for ad valorem property taxation purposes), multiplied by the whole month percentage of the calendar year the exclusive use is occurring, multiplied by a factor of 5%. Downtown Sidewalk Encroachment B-3 District $100 N/A $115 N/A Commercial Encroachment $320 $80 x the number of weeks more than two weeks $370 $80 x the number of weeks more than two weeks Residential Encroachment $275 $80 x the number of weeks more than two weeks $320 $80 x the number of weeks more than two weeks ROW Utility Encroachment (long-term)$425 $80 x the number of linear foot increments or fraction thereof $490 $80 x the number of linear foot increments or fraction thereof Street Closure - Events $75 N/A $90 $350 (if street closure is required) Sign Operation - Events $75 N/A $90 $350 (if street closure is required) Sign Installation or Change Permit $150 N/A $175 N/A Public Assembly Permit $50 $350 (if street closure is required)$60 $405 (if street closure is required) Parade Permit $50 $350 (if street closure is required)$60 $405 (if street closure is required) Open Container Permit $50 $140 (if street closure is required)$60 $160 (if street closure is required) Fire Flow Permit $100 N/A $115 N/A Flood Plain Permit $150 N/A $500 N/A Curb Cut / Driveway / Sidewalk $175 $180 x 50 s.f. segments or fraction thereof $205 $180 x 50 s.f. segments or fraction thereof Street Cut Permits Application Fee $250 Plus (total square feet of impacted area) x ($0.75)$290 Plus (total square feet of impacted area) x ($0.75) Transportation and Engineering Permit Fee Schedule FY27 Transportation Engineering Fee Schedule 285 Memorandum REPORT TO:City Commission FROM:Melissa Hodnett, Finance Director SUBJECT:Resolution to Establish Rates and Fees for Water, Wastewater, Stormwater, and Solid Waste Services for Fiscal Years 2027 and 2028 MEETING DATE:August 18, 2026 AGENDA ITEM TYPE:Finance RECOMMENDATION:Consider the Motion: I move to adopt the resolution to establish rates and fees for water, wastewater, stormwater, and solid waste services for Fiscal Years 2027 and 2028. 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:The City Commission adopted the 2027 Biennium Budget on June 23, 2026. The proposed budget included assumed utility rate increases for the Water, Wastewater, Stormwater, and Solid Waste Funds to ensure sufficient revenues to support ongoing operations, planned capital improvements, and the long-term financial sustainability of each utility. During budget adoption, the Commission approved an amendment to incorporate the construction costs and anticipated debt service associated with the Shops Complex project. Along with that amendment included amended projected rate increases. These amended rate assumptions reflected the best information available at the time and ensured the adopted budget included sufficient revenues to support the project's estimated financial impact. As part of the amendment for Shops Complex, the Commission also requested City staff review further and refine the financial modeling and return with sufficient utility rate increases to support the Shops Complex project while limiting impacts on utility customers. Since budget adoption, staff have updated project cost estimates, project timelines, debt financing assumptions, reserve targets, and long-term utility financial projections. Based on this analysis, staff developed the proposed rate increases presented for Commission consideration. UNRESOLVED ISSUES:None 286 ALTERNATIVES:Changes to the proposed rate increases in the resolution can be made by motion and are likely to require budget amendments or delay of projects. FISCAL EFFECTS:The estimated average residential monthly increase is $14.65 in FY27 and $5.99 in FY28 based on 7.5 HCF consumption and weekly garbage collection for a 35-gallon tote. Attachments: 8.18.26 Utility Rates_Resolution.docx Exhibit A_Schedule of Rates and Fees for Water, Wastewater, Stormwater, and Solid Waste Services for FY27 and FY28.pdf Report compiled on: August 6, 2026 287 RESOLUTION A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, TO ESTABLISH RATES AND FEES FOR WATER, WASTEWATER, STORMWATER, AND SOLID WASTE SERVICES FOR FISCAL YEARS 2027 AND 2028 FOR THE CITY OF BOZEMAN WHEREAS, Section 69-7-101, MCA provides municipalities with the power and authority to regulate, establish, and change, as it considers proper, rates, charges, and classifications imposed for utility services; and WHEREAS, Section 7-13-4108, MCA provides municipalities operating a solid waste management system with the authority to charge its solid waste customers for services rendered either by rates, rentals, and charges or by levy; and WHEREAS, Section 7-13-4108, MCA provides the governing body with the authority to fix, establish, and adjust, by ordinance or resolution, and collect rates, rentals, and charges for services, facilities, and benefits directly or indirectly afforded by the system; and WHEREAS, the City Commission of the City of Bozeman following proper notice and public hearing requirements established a new rate schedule and fees for the City of Bozeman’s Water, Wastewater, Stormwater, and Solid Waste services. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: Section 1 The schedule of rates and fees for water, wastewater, stormwater, and solid waste services for the City of Bozeman shall be as follows and replaces all previously adopted schedules: See Exhibit A. Section 2 Charges for water and wastewater services are based on a 30-day month. Charges for stormwater and solid waste are based on a calendar month. Charges for water, wastewater, 288 stormwater, and solid waste services under this schedule shall be made as part of the current monthly water bill, to be shown by separate item on such bill. Separate payment of specific charges will not be accepted. Charges for all utility services must be paid at the same time; Partial payments will be applied first to wastewater, second to water, and any remainder to stormwater and solid waste. Charges for water, wastewater, stormwater, and solid waste service charges become due and payable upon receipt of the bill. If any bill is not paid on or before the fifteenth day of that month, it will then become delinquent. If water, wastewater, stormwater, or solid waste charges are not paid in full by the fifteenth day of the following month, water service to the premises involved may be discontinued (shut-off), after a ten-day written notice. A charge of fifty dollars ($50.00) shall be made for any account requiring written utility shut-off notice. An additional charge of one hundred dollars ($100.00) shall be made for any account requiring written shut-off notice for a second time in one calendar year. An additional charge of one hundred dollars ($100.00) shall be made for reinstating a water service that has been discontinued for non-payment of water, wastewater, and/or stormwater service. Section 3 For those accounts that become delinquent, a 1.5 percent (1.5%) late fee will be assessed on the next bill. The minimum late fee shall be $1.00. Section 4 In cases where solid waste service charges under this schedule are claimed to be unfair, unreasonable, or not in proportion to charges made to other solid waste customers, the person or persons against whom such charges are made may apply to the Director of Transportation and Engineering for an adjustment, stating the circumstances. The Director of Transportation and Engineering, or his designated representative, may make such adjustment of the solid waste charges as is deemed necessary, fair and equitable. 289 PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 18th day of August, 2026. ___________________________________ JOEY MORRISON Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 290 Section 1 - Water Rates and Fees 1.1 Water – Metered Rates A. Service Charge Per Meter Size Current Rate FY27 FY28 5/8" or 3/4" $22.31 $26.10 $27.41 per month 1" $29.56 $34.59 $36.32 per month 1 1/4" $39.33 $46.02 $48.32 per month 1 1/2" $46.52 $54.43 $57.15 per month 2" $67.64 $79.14 $83.10 per month 3" $116.92 $136.80 $143.64 per month 4" $187.50 $219.38 $230.35 per month 6" $349.42 $408.82 $429.26 per month 8" $552.48 $646.40 $678.72 per month B. Minimum Charge (up to 2.0 HCF)Current Rate FY27 FY28 Single Family $6.62 $7.74 $8.12 per month Multi-Family $6.02 $7.04 $7.40 per month Government $11.48 $13.44 $14.12 per month MSU $7.54 $8.82 $9.26 per month Commercial $6.80 $7.96 $8.36 per month Industrial $5.22 $6.10 $6.40 per month C. Class & Charge Per HCF Used Current Rate FY27 FY28 Single Family Tier 1: 0-6 HCF $3.31 $3.87 $4.06 per month Tier 2: 6-25 HCF $4.58 $5.36 $5.63 per month Tier 3: 25-55 HCF $6.39 $7.48 $7.85 per month Tier 4: 55-90 HCF $9.58 $11.21 $11.77 per month C. Class & Charge Per HCF Used (Continued) Current Rate FY27 FY28 Multi-Family $3.01 $3.52 $3.70 per month Government $5.74 $6.72 $7.06 per month MSU $3.77 $4.41 $4.63 per month Commercial $3.40 $3.98 $4.18 per month Industrial $2.61 $3.05 $3.20 per month Drought Reserve Charge Per HCF Used Current Rate FY27 FY28 Single Family $0.11 $0.13 $0.14 Multi-Family $0.11 $0.13 $0.14 Government $0.11 $0.13 $0.14 MSU $0.11 $0.13 $0.14 Commercial $0.11 $0.13 $0.14 Industrial $0.11 $0.13 $0.14 Class & Charge Per HCF Used Stage 1 Stage 2 Stage 3 Stage 4 Single Family Tier 1: 0-6 HCF 0.0% 10.0% 20.0% 25.0% Tier 2: 6-25 HCF 24.8% 41.5% 100.0% 200.0% Tier 3: 25-55 HCF 24.8% 41.5% 100.0% 200.0% Tier 4: 55-90 HCF 24.9% 41.6% 100.0% 200.1% Multi-Family 15.6% 23.8% 23.8% 25.0% Government 15.6% 25.0% 25.0% 25.0% MSU 15.6% 20.9% 20.9% 25.0% Commercial 15.6% 25.0% 25.0% 25.0% Industrial 11.1% 11.1% 11.1% 11.1% In the event of a declaration of a drought stage, the following surcharges will be imposed during the stage on the user rate: Explanatory note: Each customer shall pay a minimum monthly bill, which includes applicable amount according to meter size (A) plus the minimum water charge (B). For water consumed in excess of 200 cubic feet, a customer shall pay the additional commodity charge (C). Exhibit A: Schedule of Rates and Fees for Water, Wastewater, Stormwater, and Solid Waste Services for FY27 and FY28 Unit Unit Unit Unit Exhibit A: Schedule of Rates and Fees for Water, Wastewater, Stormwater, and Solid Waste Services for FY27 and FY28 1 291 1.2 Water – Flat Rates Flat Rate Customers Current Rate FY27 FY28 Single Family $94.68 $110.78 $116.32 City Park Irrigation $2,783.13 $3,256.26 $3,419.07 Fire Protection $0.00 $0.00 $0.00 Bulk, Non-potable per gallon $12.32 $14.41 $15.13 1.4 Water – Other Fees Fee Type Current Rate FY27 FY28 Non-emergency Water Shut Off $84.00 $84.00 $84.00 Non-emergency Water Reconnection $84.00 $84.00 $84.00 Section 2 - Wastewater Rates and Fees 2.1 Wastewater – Metered Rates A. Service Charge Current Rate FY27 FY28 Residential $24.65 $26.62 $27.42 per month Multi-Family $25.26 $27.28 $28.10 per month Commercial $25.26 $27.28 $28.10 per month Government $25.26 $27.28 $28.10 per month MSU $25.26 $27.28 $28.10 per month Industrial $49.06 $52.98 $54.57 per month B. Volume Charge Current Rate FY27 FY28 Residential $4.12 $4.45 $4.58 per month per HCF Multi-Family $4.58 $4.95 $5.10 per month per HCF Commercial $5.13 $5.54 $5.71 per month per HCF Government $4.95 $5.35 $5.51 per month per HCF MSU $5.34 $5.77 $5.94 per month per HCF Industrial $7.79 $8.41 $8.66 per month per HCF C. Extra Strength Waste Current Rate FY27 FY28 BOD in excess of 200 mg/L $0.48 $0.52 $0.54 per pound TSS in excess of 350 mg/L per day $0.69 $0.75 $0.77 per pound Phosphorus in excess of 5 mg/L per day $7.41 $8.00 $8.24 per pound Nitrogen in excess of 20 mg/L per day $0.65 $0.70 $0.72 per pound 2.2 Wastewater – Unmetered Rates Unmetered Customers Current Rate FY27 FY28 All Unmetered Customers $58.27 $62.93 $64.82 per month 2.3 Wastewater - Low Income Rate Assistance Section 3 - Stormwater Rates and Fees 3.1 Stormwater – Flat Rates Flat Rate Customers Current Rate FY27 FY28 All Properties $4.81 $5.92 $6.45 per month Customers who apply for and qualify under the State’s Low Income Property Tax Assistance Program, as set forth in Section 15-6-305 MCA, will receive a credit equal to their monthly wastewater service charge listed above. All properties located within city limits with a city water meter installed shall be billed a flat rate charge per month for each water meter service. Unit Properties within the city limits that do not have water meters may be assigned the flat rate charge, if it is determined that their property contains impervious area. Unit Unit per month per acre per year annually per 1,000 gallons 1.3 Water – Low Income Rate Assistance Customers who apply for and qualify under the State’s Low Income Property Tax Assistance Program, as set forth in Section 15-6-305 MCA, will receive a credit equal to their monthly water service charge listed above. Unit Unit Explanatory note: Each customer shall pay a minimum monthly bill, which includes the monthly charge (A) plus an additional charge (B). For extra strength waste, a customer shall additionally pay the extra strength charges (C). Exhibit A: Schedule of Rates and Fees for Water, Wastewater, Stormwater, and Solid Waste Services for FY27 and FY28 2 292 3.2 Stormwater – Establishment of the Impervious Area Equivalent Residential Unit (ERU) 3.3 Stormwater – Variable Rates Per ERU Current Rate FY27 FY28 All Properties Per ERU $3.99 $4.91 $5.35 per month 3.4 Stormwater – Credit for Properties with Existing Stormwater Infrastructure Existing Infrastructure Credit Current Rate FY27 FY28 Per ERU $1.80 $2.21 $2.41 per month 3.5 Stormwater – Low Income Charge Assistance Section 4 - Solid Waste Rates and Fees 4.1 Solid Waste - Residential Rates Trash Current Rate FY27 FY28 35/45 Gallon (Monthly Collection) $14.11 $14.67 $15.26 per month 35/45 Gallon Weekly $18.96 $19.72 $20.51 per month 65 Gallon Weekly $27.24 $28.33 $29.46 per month 100 Gallon Weekly $34.91 $36.31 $37.76 per month 220 Gallon Weekly $58.30 $60.63 $63.06 per month 300 Gallon Weekly $73.09 $76.01 $79.05 per month 450 Gallon Weekly $105.30 $109.51 $113.89 per month Bear Resistant Trash Current Rate FY27 FY28 35 Gallon Weekly $22.15 $23.04 $23.96 per month 65 Gallon Weekly $33.07 $34.39 $35.77 per month 100 Gallon Weekly $40.74 $42.37 $44.06 per month Recycling Current Rate FY27 FY28 65 Gallon Every Other Week $12.96 $13.48 $14.02 per month 100 Gallon Every Other Week $12.96 $13.48 $14.02 per month 300 Gallon Every Other Week $20.17 $20.98 $21.82 per month Organics (Residential Only) Current Rate FY27 FY28 35 Gallon Weekly $12.00 $12.48 $12.98 per month 100 Gallon Weekly $12.00 $12.48 $12.98 per month Bear Resistant Organics (Residential Only) Current Rate FY27 FY28 35 Gallon Weekly $12.00 $12.48 $12.98 per month 100 Gallon Weekly $12.00 $12.48 $12.98 per month Unit B. Each multi-family, commercial, business, government, or other property will be assigned a number of ERUs by dividing the amount of impervious area by 2,700 square feet. C. At no point will any property be assigned an ERU of less than 1.0. The records of impervious area will be made and kept by the City’s Stormwater Department. All properties located within the city limits shall be billed a variable charge for each Equivalent Residential Unit, as determined under Section 3.2. Unit A. Regardless of actual size, each single-family residential lot is assigned an ERU=1.0. Select properties located within the city limits shall received a monthly credit (deduction) if determined to have or directly contribute to stormwater infrastructure meeting current engineering standards. Unit The records of stormwater infrastructure and determination of any associated credit will be made and kept by the City’s Stormwater Department. Explanatory note: Except as noted in this section, each customer shall pay a minimum monthly bill which includes the flat rate charge (Section 3.1) plus a variable rate charge (Section 3.3). For properties that have or directly contribute to stormwater infrastructure meeting current engineering design standards, a Credit will be granted. Customers who apply for and qualify under the State's Low Income Property Tax Assistance Program, as set forth in Section 15-6-305 MCA, will receive a credit equal to their monthly stormwater flat rate charge listed above. An Equivalent Residential Unit (ERU) size of 2,700 square feet of impervious area is hereby adopted. Exhibit A: Schedule of Rates and Fees for Water, Wastewater, Stormwater, and Solid Waste Services for FY27 and FY28 3 293 4.1 Solid Waste - Residential Rates Continued Additional Services Current Rate FY27 FY28 Extra Refuse Bags $5.00 $5.50 $6.00 per bag Extra Pick-up $20.00 $20.00 $20.00 per pick-up Bulk Item Collection $20.00 $20.00 $20.00 per item Clean Tote Swap Charge $20.00 $20.00 $20.00 per swap Tote Delivery Fee $7.00 $7.00 $7.00 per delivery Extra Recycling $10.00 $10.00 $10.00 per pick-up Special Event Charge $140.00 $140.00 $140.00 per event Special Event Charge per Tote $5.00 $5.00 $5.00 per day Freon Removal $40.00 $40.00 $40.00 per unit Deposit for Tenant Current Rate FY27 FY28 35/45 Gallon $72.00 $74.88 $77.88 one-time 65 Gallon $98.00 $101.92 $106.00 one-time 100 Gallon $130.00 $135.20 $140.61 one-time Recycling $53.00 $55.12 $57.32 one-time Commercial Dumpster Current Rate FY27 FY28 Collection Twice per Month 2 Cubic Yards $66.99 $69.67 $72.46 per month 3 Cubic Yards $71.00 $73.84 $76.79 per month 4 Cubic Yards $78.14 $81.27 $84.52 per month 6 Cubic Yards $87.14 $90.63 $94.26 per month 8 Cubic Yards $98.05 $101.97 $106.05 per month 2 Cubic Yards $145.02 $150.82 $156.85 per month 3 Cubic Yards $153.65 $159.80 $166.19 per month 4 Cubic Yards $169.15 $175.92 $182.96 per month 6 Cubic Yards $182.98 $190.30 $197.91 per month 8 Cubic Yards $195.77 $203.60 $211.74 per month 2 Cubic Yards $251.74 $261.81 $272.28 per month 3 Cubic Yards $284.35 $295.72 $307.55 per month 4 Cubic Yards $316.94 $329.62 $342.80 per month 6 Cubic Yards $351.36 $365.41 $380.03 per month 8 Cubic Yards $382.45 $397.75 $413.66 per month 2 Cubic Yards $358.46 $372.80 $387.71 per month 3 Cubic Yards $406.80 $423.07 $439.99 per month 4 Cubic Yards $456.27 $474.52 $493.50 per month 6 Cubic Yards $519.73 $540.52 $562.14 per month 8 Cubic Yards $569.10 $591.86 $615.53 per month 2 Cubic Yards $465.19 $483.80 $503.15 per month 3 Cubic Yards $530.39 $551.61 $573.67 per month 4 Cubic Yards $595.56 $619.38 $644.16 per month 6 Cubic Yards $691.39 $719.05 $747.81 per month 8 Cubic Yards $755.76 $785.99 $817.43 per month 2 Cubic Yards $571.90 $594.78 $618.57 per month 3 Cubic Yards $653.41 $679.55 $706.73 per month 4 Cubic Yards $734.91 $764.31 $794.88 per month 6 Cubic Yards $855.12 $889.32 $924.89 per month 8 Cubic Yards $942.39 $980.09 $1,019.29 per month 2 Cubic Yards $678.61 $705.75 $733.98 per month 3 Cubic Yards $776.43 $807.49 $839.79 per month 4 Cubic Yards $874.22 $909.19 $945.56 per month 6 Cubic Yards $1,018.85 $1,059.60 $1,101.98 per month 8 Cubic Yards $1,109.57 $1,153.95 $1,200.11 per month Unit 3 Collections per Week 4 Collections per Week 5 Collections per Week 6 Collections per Week 4.2 Solid Waste - Commercial Rates Unit 1 Collection per Week 2 Collections per Week Exhibit A: Schedule of Rates and Fees for Water, Wastewater, Stormwater, and Solid Waste Services for FY27 and FY28 4 294 Commercial Cardboard Recycling (5YD) Current Rate FY27 FY28 Twice per Month $19.50 $20.28 $21.09 per month 1 Collection per Week $42.24 $43.93 $45.69 per month 2 Collections per Week $84.49 $87.87 $91.38 per month 3 Collections per Week $126.73 $131.80 $137.07 per month 4 Collections per Week $168.97 $175.73 $182.76 per month 5 Collections per Week $211.23 $219.68 $228.47 per month 6 Collections per Week $253.47 $263.61 $274.15 per month Commercial Roll-Off Current Rate FY27 FY28 Container Pull $424.00 $424.00 $424.00 per pull Yard Waste Pull $229.00 $238.16 $247.69 per pull Water Reclamation Facility Pull $288.00 $299.52 $311.50 per pull Disposal for MSW (Municipal Solid Waste)$39.00 $40.56 $42.18 per ton Disposal for Light Construction $61.00 $63.44 $65.98 per ton Disposal for Heavy Construction $72.00 $74.88 $77.88 per ton Additional Commerical Services Current Rate FY27 FY28 Extra Commerical Trash $6.00 $6.00 $6.00 per cubic yard 4.3 Solid Waste - Temporary Dumpster Commercial Dumpster Current Rate FY27 FY28 Yard Waste $53.00 $55.00 $57.00 per container Household Waste ($40 minimum) $19.00 $20.00 $21.00 per cubic yard Construction Waste ($40 minimum) $37.00 $38.00 $40.00 per cubic yard Unit Unit Unit Unit 4.2 Solid Waste - Commercial Rates Continued Exhibit A: Schedule of Rates and Fees for Water, Wastewater, Stormwater, and Solid Waste Services for FY27 and FY28 5 295 Memorandum REPORT TO:City Commission FROM:Bernie Massey, Customer Service and Billing Supervisor Laurae Clark, Treasurer Melissa Hodnett, Finance Director SUBJECT:Resolution Establishing a 3% increase to Arterial and Collector Street Special District Assessments for Fiscal Year 2027 (FY27) MEETING DATE:August 18, 2026 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Consider the Motion: Adopt the resolution establishing a 3% increase in Arterial and Collector Street Special District Assessments for FY27, making the assessment rate $0.008755 per assessable square foot. 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 August 31, 2015, the City Commission passed Commission Resolution No. 4640 creating the Arterial & Collector Street Special District for the purpose of funding the construction, improvements, and maintenance of transportation facilities related to arterials and collector streets. On June 23, 2026, the City Commission adopted the 2027 Biennium Budget and FY27 Annual Operating Budget, both of which included a 3% increase for Arterial and Collector Street Special District Assessments in FY27. UNRESOLVED ISSUES:None ALTERNATIVES:Changes to the rate approved in the FY27 Budget may require budget amendments to ensure a balanced budget. FISCAL EFFECTS:The assessment rate proposed is consistent with the FY27 Budget. The estimated annual increase to the median homeowner, on a 7,500 sq ft lot, is approximately $1.92. The total annual assessment estimated for the median homeowner is $65.67. Attachments: Resolution_Arterial-CollectorStreet_Mtc_Assessments_FY27- FINAL.docx Report compiled on: August 6, 2026 296 297 Page 1 of 5 RESOLUTION A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 2027 UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE INCURRED IN THE CITY-WIDE ARTERIAL AND COLLECTOR STREET SPECIAL DISTRICT IN THE CITY OF BOZEMAN AND TO EXTEND THE BOUNDARIES OF SAID DISTRICT TO ENCOMPASS ANNEXED PROPERTIES. WHEREAS, the City Commission of the City of Bozeman did on the 31st day of August, 2015, following notice and public hearing regularly pass Commission Resolution No. 4640 entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING THE ARTERIAL AND COLLECTOR STREET SPECIAL DISTRICT FOR THE PURPOSE OF FUNDING THE CONSTRUCTION, IMPROVEMENTS, AND MAINTENANCE OF TRANSPORTATION FACILITIES RELATED TO ARTERIALS AND COLLECTOR STREETS. Which Commission Resolution No. 4640 provides the basis and method of assessing the cost against property herein assessed; and WHEREAS, Commission Resolution No. 4640 further provides that said special assessments shall be made, levied, and collected in the same manner as are other special assessments and levies of the City of Bozeman; and 298 Resolution Levying and Assessing Arterial and Collector District for FY27 Page 2 of 5 WHEREAS, in accordance with Commission Resolution No. 4640, the district boundaries are the city corporate limits as amended from time to time by annexation; and WHEREAS, to defray the costs of arterial and collector street reconstruction and maintenance for the coming assessment year, the Commission must now establish an assessment to be levied for said services. NOW, THEREFORE, pursuant to the provisions of said Commission Resolution No. 4640 and the laws of the State of Montana, BE IT RESOLVED AND IT IS HEREBY ORDERED BY THE COMMISSION OF THE CITY OF BOZEMAN, STATE OF MONTANA: Section 1 To defray the cost and expense of the reconstruction and maintenance of arterial and collector streets located within the district, which is hereby extended to include the city’s corporate limits including all annexed properties as of the date of this Resolution, for fiscal year 2027 the City of Bozeman hereby levies and assesses upon all property located within the district the respective amounts listed on Schedule A, attached hereto and by this reference made a part of this Resolution. The assessment amounts set forth on Schedule A shall be paid and collected in accordance with Commission Resolution No. 4640 of the City of Bozeman, Montana, and the laws of the State of Montana governing the collection of special district assessments. Failure to pay such assessment when due and payable shall make such persons and such lots and parcels of land liable to the penalties provided by law relative to delinquent taxes and assessments. This assessment will be billed with the 2026 Gallatin County Property Taxes and shall become delinquent at 5:01 p.m. on November 30, 2026, and the May assessments shall become delinquent at 5:01 p.m. on May 31, 2027, unless stated otherwise by Gallatin County. Section 2 The assessment basis and method of assessing the costs of the district against property herein assessed shall be as specified in Resolution No. 4640, which is hereby incorporated by this reference and made a part of this Resolution. 299 Resolution Levying and Assessing Arterial and Collector District for FY27 Page 3 of 5 Section 3 That the per-square-foot assessment rate in said district shall be $0.008755 per square foot of actual lot area, with a limit on the maximum square footage assessed for zones as listed below. For non-conforming residences located in business and manufacturing zoning districts without any business or manufacturing use attached, there shall be a maximum of 15,000 square feet assessed. Zoning Maximum assessment square footage (Cap) Residential Zones (R-A, R-B, R-C & R-D) 15,000 sq ft PLI (Public Lands and Institutions) 25% of total sq ft PDZ No Cap on developed parcels Cap of 15,000 square ft on undeveloped (parcels that have no structures and have not received subdivision review.) REMU & NEHMU No Cap on developed parcels Cap of 15,000 square ft on undeveloped (parcels that have no structures and have not received subdivision review.) Business Zones (B-1, B-2, B-2M, B-3, B-3C & B-P) No Cap on developed parcels Cap of 15,000 square ft on undeveloped (parcels that have no structures and have not received subdivision review.) Manufacturing Zones (M-1 & M-2) No Cap on developed parcels Cap of 15,000 square ft on undeveloped (parcels that have no structures and have not received subdivision review.) Section 4 300 Resolution Levying and Assessing Arterial and Collector District for FY27 Page 4 of 5 This assessment shall be levied for the fiscal year of July 1, 2026, through June 30, 2027, and be billed in October 2026 as are all other special assessments. Section 5 The regular session of the Commission of the City of Bozeman, Montana to be held at City Hall, 121 N. Rouse Ave, Bozeman, Montana, on the 18th day of August 2026 at 6:00 p.m., and the same is hereby designated as the time and place at which objections to the final adoption of the Resolution will be heard by said Commission. Section 6 The City Clerk of the City of Bozeman, did publish in the Bozeman Daily Chronicle a Notice signed by the City Clerk, stating that a Resolution levying and assessing a special assessment to defray the cost and expense of reconstruction and maintenance of all arterial and collector streets located within the City’s corporate limits for the fiscal year 2027, against the property on which such service was rendered, is on file in the office of the City Clerk and subject to inspection. Said notice states the time and place at which objections will be heard by the Commission to the final adoption of the Resolution. Said Notice was published at least five (5) days before the date set by the Commission for hearing objections and final adoption of this Resolution. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana at a regular session thereof held on the 18th day of August 2026. ____________________________ JOEY MORRISON Mayor ATTEST: 301 Resolution Levying and Assessing Arterial and Collector District for FY27 Page 5 of 5 ____________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ____________________________________ GREG SULLIVAN City Attorney 302 Memorandum REPORT TO:City Commission FROM:Bernie Massey, Customer Service & Billing Supervisor Laurae Clark, Treasurer Melissa Hodnett, Finance Director SUBJECT:Resolution Establishing a 20% Increase to Tree Maintenance District Assessments for Fiscal Year 2027 (FY27) MEETING DATE:August 18, 2026 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Consider the Motion: Approve the resolution establishing a 20% increase in Tree Maintenance District Assessments for FY2027 (FY27), making the assessment rate $0.005184 per assessable square foot. 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 July 16, 1990, the City Commission passed Commission Resolution No. 2804 creating a city-wide tree maintenance district for the purpose of planting and maintaining trees in all public places, rights-of-ways and parks. On June 23, 2026, the City Commission adopted the 2027 Biennium Budget and FY27 Annual Operating Budget, both of which included a 23% increase for Tree Maintenance for FY27. Following budget adoption, staff refined long-range modeling assumptions and were able to reduce the proposed increase for FY27 to 20%. The rate proposed is sufficient to support the revenue assumptions included in the adopted budget and future debt service estimates for the Shops Complex project. UNRESOLVED ISSUES:None ALTERNATIVES:Changes to the rate approved in the FY27 Budget may require budget amendments to ensure a balanced budget. FISCAL EFFECTS:The assessment rate proposed is sufficient to support the revenue assumptions included in the adopted budget and future debt service estimates for the Shops Complex project. The estimated annual increase to the median homeowner, on a 7,500 sq ft lot, is approximately $6.48. The total annual assessment estimated for the median homeowner is $38.88. Attachments: 303 Resolution_Tree_Mtc_Assessments_FY27.docx Report compiled on: August 6, 2026 304 Page 1 of 5 RESOLUTION A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 2027 UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE INCURRED IN THE CITY-WIDE TREE MAINTENANCE DISTRICT IN THE CITY OF BOZEMAN AND TO EXTEND THE BOUNDARIES OF SAID DISTRICT TO ENCOMPASS ANNEXED PROPERTIES. WHEREAS the City Commission of the City of Bozeman did on the 16th day of July 1990, following notice and public hearing, regularly pass Commission Resolution No. 2804 entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING A CITY-WIDE MAINTENANCE DISTRICT FOR THE PURPOSE OF PLANTING AND MAINTAINING TREES IN ALL PUBLIC PLACES, RIGHTS-OF-WAYS AND PARKS. Which Commission Resolution No. 2804 provides the basis and method of assessing the cost against property herein assessed; and WHEREAS Commission Resolution No. 2804 further provides that said special assessments shall be made, levied, and collected in the same manner as are other special assessments and levies of the City of Bozeman; and WHEREAS, Section 7-12-4179, Montana Code Annotated, allows the district boundaries to be changed by resolution; and 305 Resolution Levying and Assessing Tree Maintenance Assessments FY27 Page 2 of 5 WHEREAS, the district boundaries are the city corporate limits, to include all annexed property as of the date of this resolution; and WHEREAS, to defray the costs of tree maintenance for the coming assessment year, the Commission must now establish an assessment to be levied for said services. NOW THEREFORE, pursuant to the provisions of said Commission Resolution No. 2804 and the laws of the State of Montana, BE IT RESOLVED AND IT IS HEREBY ORDERED BY THE COMMISSION OF THE CITY OF BOZEMAN, STATE OF MONTANA: Section 1 To defray the estimated cost and expense of planting and maintaining trees in all public places, rights-of-way and parks located within the maintenance district, which is hereby extended to include the city’s corporate limits existing as of the date of this resolution, for Fiscal Year 2027, there is hereby levied and assessed against the assessable area of the several lots, pieces and parcels of land benefited by the maintenance district within the City of Bozeman as set forth in Schedule A, attached hereto and by this reference made a part hereof, which describes each lot or parcel of land with the name of the owner and/or owners, if known, and the amount assessed against the same. The said sums shall be paid, and the collection thereof be made in the manner and in accordance with Commission Resolution No. 2804 of the City of Bozeman, Montana, and the laws of the State of Montana governing the collection of maintenance district assessments. Failure to pay such assessment when the same shall become due and payable shall make such persons and such lots and parcels of land liable to the penalties provided by law relative to delinquent taxes and assessments. This assessment will be billed with the 2026 Gallatin County Property Taxes and shall become delinquent at 5:01 p.m. on November 30, 2026, and the May assessments shall become delinquent at 5:01 p.m. on May 31, 2027, unless stated otherwise by Gallatin County. Section 2 306 Resolution Levying and Assessing Tree Maintenance Assessments FY27 Page 3 of 5 The assessment basis and method of assessing the costs of the maintenance district against property herein assessed shall be as specified in Resolution No. 2804, which is hereby incorporated by this reference and made a part of this Resolution. Section 3 The per-square-foot assessment rate in said maintenance district shall be 0.005184, per square foot of actual lot area, with a limit on the maximum square footage assessed for zones listed below. For non-conforming residences located in business and manufacturing zoning districts without any business or manufacturing use attached, there shall be a maximum of 15,000 square feet assessed. Zoning Maximum assessment square footage (Cap) Residential Zones (R-A, R-B, R-C & R-D) 15,000 sq ft PLI (Public Lands and Institutions) 25% of total sq ft PDZ No Cap on developed parcels Cap of 15,000 square ft on undeveloped (parcels that have no structures and have not received subdivision review.) REMU & NEHMU No Cap on developed parcels Cap of 15,000 square ft on undeveloped (parcels that have no structures and have not received subdivision review.) Business Zones (B-1, B-2, B-2M, B-3, B-3C & B-P) No Cap on developed parcels Cap of 15,000 square ft on undeveloped (parcels that have no structures and have not received subdivision review.) Manufacturing Zones (M-1 & M-2) No Cap on developed parcels Cap of 15,000 square ft on undeveloped (parcels that have no structures and have not received subdivision review.) 307 Resolution Levying and Assessing Tree Maintenance Assessments FY27 Page 4 of 5 Section 4 This assessment shall be levied for the fiscal year of July 1, 2026, through June 30, 2027, and be billed in October 2026 as are all other special assessments. Any condominium and/or subdivision of land recorded on or before September 30, 2026, is subject to assessment for Fiscal Year 2027. Section 5 The regular session of the Commission of the City of Bozeman, Montana to be held at City Hall, 121 N Rouse Ave, Bozeman, Montana, on the 18th day of August 2026 at 6:00 p.m., and the same is hereby designated as the time and place at which objections to the final adoption of the Resolution will be heard by said Commission. Section 6 The City Clerk of the City of Bozeman, did publish in the Bozeman Daily Chronicle a Notice signed by the City Clerk, stating that a Resolution levying and assessing a special assessment to defray the cost and expense of planting and maintaining trees in all public places, rights-of-way and parks located within the City’s corporate limits for the Fiscal Year 2027, against the property on which such service was rendered, is on file in the office of the City Clerk and subject to inspection. Said notice states the time and place at which objections will be heard by the Commission to the final adoption of the Resolution. The final publication of said Notice was published at least five (5) days before the date set by the Commission for hearing objections and final adoption of this Resolution. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana at a regular session thereof held on the 18th day of August 2026. 308 Resolution Levying and Assessing Tree Maintenance Assessments FY27 Page 5 of 5 ____________________________ JOEY MORRISON Mayor ATTEST: _________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ____________________________________ GREG SULLIVAN City Attorney 309 Memorandum REPORT TO:City Commission FROM:Bernie Massey, Customer Service and Billing Supervisor Laurae Clark, Treasurer Melissa Hodnett, Finance Director SUBJECT:Resolution Establishing a 15% increase to Street Maintenance District Assessments for Fiscal Year 2027 (FY27) MEETING DATE:August 18, 2026 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Consider the Motion: Approve the resolution establishing a 15% increase in Street Maintenance District Assessments for FY27, making the assessment rate $0.046250 per assessable square foot. 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 July 16, 1990, the City Commission passed Commission Resolution No. 2803 creating a city-wide maintenance district for all streets, alleys and public places located within the city’s corporate limits, known formally as the Street Maintenance District. On June 23, 2026, the City Commission adopted the 2027 Biennium Budget and FY27 Annual Operating Budget, both of which included a 15% increase for Street Maintenance in FY27. UNRESOLVED ISSUES:None ALTERNATIVES:Changes to the rate approved in the FY27 Budget may require budget amendments to ensure a balanced budget. FISCAL EFFECTS:The assessment rate proposed is consistent with the Fiscal Year 2027 Adopted Budget. The estimated annual increase to the median homeowner, on a 7,500 sq ft lot, is approximately $45.25. The total annual assessment estimated for the median homeowner is $346.88. Attachments: Commission_Resolution_- _Street_Maintenance_Dist_FY27.docx Report compiled on: August 6, 2026 310 Page 1 of 5 RESOLUTION A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 2027 UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE INCURRED IN THE CITY-WIDE STREET MAINTENANCE DISTRICT IN THE CITY OF BOZEMAN AND TO EXTEND THE BOUNDARIES OF SAID DISTRICT TO ENCOMPASS ANNEXED PROPERTIES. WHEREAS, the City Commission of the City of Bozeman did on the 16th day of July 1990, following notice and public hearing, regularly pass Commission Resolution No. 2803 entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING A CITY-WIDE MAINTENANCE DISTRICT FOR ALL STREETS, ALLEYS AND PUBLIC PLACES LOCATED WITHIN THE CITY’S CORPORATE LIMITS AND REPEALING COMMISSION RESOLUTION NOS. 1650, CREATING SPRINKLING DISTRICT NO 5; 1651, CREATING SPRINKLING DISTRICT NO 6; 1652 CREATING SPRINKLING DISTRICT NO 7; 1653, CREATING SPRINKLING DISTRICT NO 8; AND 1654, CREATING SPRINKLING DISTRICT NO 9. Which Commission Resolution No. 2803 provides the basis and method of assessing the cost against property herein assessed; and 311 Resolution Levying Assessment for Street Maintenance District for FY27 Page 2 of 5 WHEREAS, Commission Resolution No. 2803 further provides that said special assessments shall be made, levied, and collected in the same manner as are other special assessments and levies of the City of Bozeman; and WHEREAS, Section 7-12-4403, Montana Code Annotated, allows the district boundaries to be changed by resolution; and WHEREAS, the district boundaries are the city corporate limits, to include all annexed property as of the date of this resolution; and WHEREAS, to defray the costs of street maintenance for the coming assessment year, the Commission must now establish an assessment to be levied for said services. NOW, THEREFORE, pursuant to the provisions of said Commission Resolution No. 2803 and the laws of the State of Montana, BE IT RESOLVED AND IT IS HEREBY ORDERED BY THE COMMISSION OF THE CITY OF BOZEMAN, STATE OF MONTANA: Section 1 To defray the estimated cost and expense of the maintenance of streets, alleys and public places located within the maintenance district, which is hereby extended to include the city’s corporate limits existing as of the date of this resolution, for Fiscal Year 2027 there is hereby levied and assessed against the assessable area of the several lots, pieces and parcels of land benefited by the maintenance district within the City of Bozeman as set forth in Schedule A, attached hereto and by this reference made a part hereof, which describes each lot or parcel of land with the name of the owner and/or owners, if known, and the amount assessed against the same. The said sums shall be paid, and the collection thereof be made in the manner and in accordance with Commission Resolution No. 2803 of the City of Bozeman, Montana, and the laws of the State of Montana governing the collection of maintenance district assessments. Failure to pay such assessment when the same shall become due and payable shall make such persons and such lots and parcels of land liable to the penalties provided by law relative to delinquent taxes and assessments. This assessment will be billed with the 2026 Gallatin County Property Taxes and shall become 312 Resolution Levying Assessment for Street Maintenance District for FY27 Page 3 of 5 delinquent at 5:01 p.m. on November 30, 2026, and the May assessments shall become delinquent at 5:01 p.m. on May 31, 2027, unless stated otherwise by Gallatin County. Section 2 The assessment basis and method of assessing the costs of the maintenance district against property herein assessed shall be as specified in Resolution No. 2803, which is hereby incorporated by this reference and made a part of this Resolution. Section 3 The per-square-foot assessment rate in said maintenance district shall be $0.046250 per square foot of actual lot area, with a limit on the maximum square footage assessed for zones as listed below. For non-conforming residences located in business and manufacturing zoning districts without any business or manufacturing use attached, there shall be a maximum of 15,000 square feet assessed. Zoning Maximum assessment square footage (Cap) Residential Zones (R-A, R-B, R-C & R-D) 15,000 sq ft PLI (Public Lands and Institutions) 25% of total sq ft PDZ No Cap on developed parcels Cap of 15,000 square ft on undeveloped (parcels that have no structures and have not received subdivision review.) REMU & NEHMU No Cap on developed parcels Cap of 15,000 square ft on undeveloped (parcels that have no structures and have not received subdivision review.) 313 Resolution Levying Assessment for Street Maintenance District for FY27 Page 4 of 5 Business Zones (B-1, B-2, B-2M, B-3, B-3C & B-P) No Cap on developed parcels Cap of 15,000 square ft on undeveloped (parcels that have no structures and have not received subdivision review.) Manufacturing Zones (M-1 & M-2) No Cap on developed parcels Cap of 15,000 square ft on undeveloped (parcels that have no structures and have not received subdivision review.) Section 4 This assessment shall be levied for the fiscal year of July 1, 2026, through June 30, 2027, and be billed in October 2026 as are all other special assessments. Any condominium and/or subdivision of land recorded on or before September 30, 2026, is subject to assessment for Fiscal Year 2027. Section 5 The regular session of the Commission of the City of Bozeman, Montana to be held at City Hall, 121 N. Rouse Ave, Bozeman, Montana, on the 18th day of August 2026 at 6:00 p.m., and the same is hereby designated as the time and place at which objections to the final adoption of the Resolution will be heard by said Commission. Section 6 The City Clerk of the City of Bozeman, did publish in the Bozeman Daily Chronicle a Notice signed by the City Clerk, stating that a Resolution levying and assessing a special assessment to defray the cost and expense of maintenance of all streets, alleys, and public places located within the City’s corporate limits for the Fiscal Year 2027, against the property on which such service was rendered, is on file in the office of the City Clerk and subject to inspection. Said notice states the time and place at which objections will be heard by the Commission to the final adoption of the Resolution. The final publication of said Notice was published at least five (5) days before the date set by the Commission for hearing objections and final adoption of this Resolution. 314 Resolution Levying Assessment for Street Maintenance District for FY27 Page 5 of 5 PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana at a regular session thereof held on the 18th day of August 2026. _______________________________ JOEY MORRISON Mayor ATTEST: ____________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ____________________________________ GREG SULLIVAN City Attorney 315 Memorandum REPORT TO:City Commission FROM:Bernie Massey, Customer Service and Billing Supervisor Laurae Clark, Treasurer Melissa Hodnett, Finance Director SUBJECT:Resolution Establishing a 23% increase to Parks and Trails Special District Assessments for Fiscal Year 2027 (FY27) MEETING DATE:August 18, 2026 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Consider the Motion: Adopt the resolution establishing a 23% increase in Parks and Trails Special District Assessments for FY27, making the assessment rate $0.036308 per assessable square foot. 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 May 5, 2020 the Citizens of Bozeman voted to approve the creation of a Parks & Trails Special District in an effort to solve three major issues: deferred maintenance, operations & maintenance, and equity. On June 23, 2026, the City Commission adopted the 2027 Biennium Budget and FY27 Annual Operating Budget, both of which included a 23% increase for Parks and Trails in FY27. UNRESOLVED ISSUES:None ALTERNATIVES:Changes to the rate approved in the FY27 Budget may require budget amendments to ensure a balanced budget. FISCAL EFFECTS:The assessment rate proposed is consistent with the FY27 Budget. The estimated annual increase to the median homeowner, on a 7,500 sq ft lot, is approximately $50.92. The total annual assessment estimated for the median homeowner is $272.31. Attachments: Resolution_Parks___Trails_Maintenance_Dist_FY27.docx Report compiled on: August 6, 2026 316 Page 1 of 4 RESOLUTION A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 2027 UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE INCURRED IN THE CITY-WIDE PARKS AND TRAILS DISTRICT IN THE CITY OF BOZEMAN AND TO EXTEND THE BOUNDARIES OF SAID DISTRICT TO ENCOMPASS ANNEXED PROPERTIES. WHEREAS, on May 5, 2020, the voters of the City of Bozeman approved the creation of a Parks and Trails District (the “District”); and WHEREAS, the City Commission of the City of Bozeman did on the 1st day of June, 2020, following notice and public hearing pass Commission Resolution No. 5180 entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ORDERING THE CREATION OF A PARKS AND TRAILS SPECIAL DISTRICT WITHIN THE INCORPORATED LIMITS OF THE CITY OF BOZEMAN, MONTANA PURSUANT TO THE RESULTS OF THE MAY 5, 2020 ELECTION; and WHEREAS, the City Commission of the City of Bozeman did on the 2nd day of December, 2019, following notice and public hearing regularly pass Commission Resolution No. 5053, a Resolution: (i) ordering a referendum on the creation of the District; (ii) providing the basis and method of assessing the cost against property herein assessed; and (iii) stating the City Commission will, as part of its regular budget process, estimate the total costs of the District for the following fiscal year; and WHEREAS, in accordance with Commission Resolution No. 5053, the District boundaries are the corporate limits of the City as amended from time to time by annexation; and 317 Resolution Levying and Assessing Parks and Trails District Page 2 of 4 WHEREAS, to defray the costs of the district for the coming assessment year (fiscal year 2027), the Commission must now establish an assessment to be levied to defray the costs of the District. NOW, THEREFORE, pursuant to the provisions of said Commission Resolution No. 5053 and the laws of the State of Montana, BE IT RESOLVED AND IT IS HEREBY ORDERED BY THE COMMISSION OF THE CITY OF BOZEMAN, STATE OF MONTANA: Section 1 To defray the cost and expense of the District, which is hereby extended to include the City’s corporate limits including all annexed properties as of the date of this Resolution, for fiscal year 2027 the Bozeman City Commission hereby levies and assesses upon all property located within the district the respective amounts listed on Schedule A, attached hereto and by this reference made a part of this Resolution. The assessments are an amount equal to the annual cost of the programs and improvements of the District. The assessment amounts set forth on Schedule A shall be paid and collected in accordance with Commission Resolution No. 5053, and the laws of the State of Montana governing the collection of special district assessments. Failure to pay such assessment when due and payable shall make such persons and such lots and parcels of land liable to the penalties provided by law relative to delinquent taxes and assessments. This assessment will be billed with the 2026 Gallatin County Property Taxes and shall become delinquent at 5:01 p.m. on November 30, 2026, and the May assessments shall become delinquent at 5:01 p.m. on May 31, 2027, unless stated otherwise by Gallatin County. Section 2 The assessment basis and method of assessing the costs of the District against property herein assessed shall be as specified in Resolution No. 5053, which is hereby incorporated by this reference and made a part of this Resolution. Section 3 That the per-square-foot assessment rate in said district shall be $0.036308 per square foot of actual lot area, with a limit on the maximum square footage assessed for zones as listed below. For non-conforming residences located in business and manufacturing zoning districts without any business or manufacturing use attached, there shall be a maximum of 15,000 square feet assessed. 318 Resolution Levying and Assessing Parks and Trails District Page 3 of 4 Zoning Maximum assessment square footage (Cap) Residential Zones (R-A, R-B, R-C & R-D) 15,000 sq ft PLI (Public Lands and Institutions) 25% of total sq ft PDZ No Cap on developed parcels Cap of 15,000 square ft on undeveloped (parcels that have no structures and have not received subdivision review.) REMU & NEHMU No Cap on developed parcels Cap of 15,000 square ft on undeveloped (parcels that have no structures and have not received subdivision review.) Business Zones (B-1, B-2, B-2M, B-3, B-3C & B-P) No Cap on developed parcels Cap of 15,000 square ft on undeveloped (parcels that have no structures and have not received subdivision review.) Manufacturing Zones (M-1 & M-2) No Cap on developed parcels Cap of 15,000 square ft on undeveloped (parcels that have no structures and have not received subdivision review.) Section 4 This assessment shall be levied for the fiscal year of July 1, 2026, through June 30, 2027, and be billed in October 2026 as are all other special assessments. Section 5 The regular session of the Commission of the City of Bozeman, Montana to be held at City Hall, 121 N. Rouse Ave, Bozeman, Montana, on the 18th day of August 2026 at 6:00 p.m., and the same is hereby designated as the time and place at which objections to the final adoption of the Resolution will be heard by said Commission. 319 Resolution Levying and Assessing Parks and Trails District Page 4 of 4 Section 6 The City Clerk of the City of Bozeman, did publish in the Bozeman Daily Chronicle a Notice signed by the City Clerk, stating that a Resolution levying and assessing a special assessment to defray the cost and expense of maintenance of all city owned parks and trails located within the City’s corporate limits for the fiscal year 2027, against the property on which such service was rendered, is on file in the office of the City Clerk and subject to inspection. Said notice states the time and place at which objections will be heard by the Commission to the final adoption of the Resolution. Said Notice was published at least five (5) days before the date set by the Commission for hearing objections and final adoption of this Resolution. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana at a regular session thereof held on the 18th day of August 2026. ____________________________ JOEY MORRISON Mayor ATTEST: ____________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _______________________________ GREG SULLIVAN City Attorney 320 Memorandum REPORT TO:City Commission FROM:Jennifer Madgic, City Commissioner SUBJECT:Resolution Adding Transportation Safety to the City of Bozeman Strategic Plan MEETING DATE:August 18, 2026 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Consider the Motion: I move to adopt the Resolution adding transportation safety to the Strategic Plan. STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a wide variety of actions, the development of sustainable and lasting housing options for underserved individuals and families and improve mobility options that accommodate all travel modes. BACKGROUND:The Bozeman City Commission adopted the Bozeman Strategic Plan (Strategic Plan) via Resolution 4852 on April 16, 2018. The strategic plan is intended to guide city operations and growth through short- and medium- term action items specified in core focus areas and community goals. The city commission has expressed interest in reviewing the Strategic Plan to determine whether updates are needed to better align with current policy trends and projects. Accordingly, updating the Strategic Plan is part of the commission’s work plan and is expected to be comprehensively reviewed within the next year. In the meantime, commissioners have determined the current Strategic Plan does not adequately reflect the community’s commitment to traffic calming particularly concerning bicycle and pedestrian safety. As the city begins work updating the Transportation Master Plan, commissioners believe it is important to amend the strategic plan to align with the commission’s and community’s vision. Transportation and pedestrian safety have become an increasing concern within our city since our Strategic Plan was drafted. The Commission has had several community-wide discussions on traffic safety in 2026, with more planned. Bozeman’s Transportation Master Plan redrafting is underway, and the 321 Commission would like to ensure that safety is a top emphasis. The Commission intends to review its 2018 Strategic Plan in the next few months. While that process gets underway, and given the urgency both the Commission and community feel concerning transportation and pedestrian safety, we feel an update calling specific attention to traffic safety is important. UNRESOLVED ISSUES:None ALTERNATIVES:Wait until the city takes on a comprehensive review of the strategic plan. FISCAL EFFECTS:None Attachments: Resolution Template Updating the Strategic Plan August 2026.docx Report compiled on: August 12, 2026 322 RESOLUTION A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, Amending the City’s Strategic Plan to include a new section 4.6 identifying Transportation Priorities. WHEREAS, The Bozeman City Commission adopted the Bozeman Strategic Plan (Strategic Plan) via Resolution 4852 on April 16, 2018, and; WHEREAS, The strategic plan is intended to guide city operations and growth through short- and medium-term action items specified in core focus areas and community goals, and; WHEREAS, Commissioners have determined the current Strategic Plan does not adequately reflect the community’s commitment to traffic calming, particularly concerning bicycle and pedestrian safety, and; WHEREAS, As the city begins work updating the Transportation Master Plan, commissioners believe it is important to amend the strategic plan to align with the commission’s and community’s vision. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: Bozeman’s Strategic Plan is amended as follows: The commission proposes amending Section 4 of the Strategic Plan – A Well-Planned City as follows below (with strikeout/underline): Section 4. We consistently improve our community’s quality of life as it grows and changes, honoring our sense of place and the “Bozeman feel” as we plan for a livable, safe, affordable, more connected city. 4.3 Strategic Infrastructure Choices Prioritize long-term investment and maintenance for existing and new infrastructure. 4.5 Housing and Transportation Choices 323 Vigorously encourage through a wide variety of actions, the development of sustainable and lasting housing options for underserved individuals and families. and improve mobility options that accommodate all travel modes. a) Enhance non-motorized transportation. 4.6 Transportation Priorities a) Commit to the Four P’s of Bozeman’s SAFE Plan (Streets Are For Everyone): Physical, Policy, Policing, Promotion. b) Update the Transportation Master Plan to prioritize: 1. Human life and safety over vehicular speed and convenience. 2. Street design that promotes the safety of pedestrians, cyclists, and micro- mobility users of all ages and abilities. 3. Promotion of active living by working to improve pedestrian, bicycling, and transit spaces. 4. Adequate, sustained and dedicated funding for active transportation projects. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 18th day of August, 2026. ___________________________________ JOEY MORRISON Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 324 Jarrett Major Subdivision Preliminary Plat City Commission Findings of Fact and Order Staff Report, Project No. 23072 Page 1 of 37 Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat, Application 23072; City Commission Staff Report. Public Hearing Date: The City Commission public hearing on this Findings of Fact and Order for this application 23072 will be held on July 16, 2024 at 6:00 P.M. in the City Hall Commission Room. Electronic access to the meeting may be available as outlined on the published agenda of the meeting. Project Summary: The Jarrett Subdivision application is a 45.83 acre Major Subdivision Preliminary Plat providing 110 residential lots, 2 open space lots, one 7.5 acre City Park, 3 undevelopable/restricted development lots totaling 18.3 acres, street rights-of-way, and street public easements. Legal Description: The property is described as a tract of land being Lot 1 and 2 of the Amended Plat of Lot 1, Block 9, Allison Subdivision Phase 4A (Plat ref. J-702) and the SE ¼ of the NW ¼ of Section 24 of C.O.S. 252 and C.O.S. 792 and Lot 3A of the Amended Plat of Lot 2, Block 7, Allison Subdivision Phase 4A (Plat ref. J-702) and Lot 3 of Amended Plat of Lot 1, Block 9, Allison Subdivision Phase 4A (Plat ref. J=702) and the SE ¼ of the NW ¼ pf Section 24 of C.O.S. 252 and C.O.S. 792 (Plat ref. J-702A) located in the NE ¼ of the SE ¼, SW ¼ and NW ¼ of Section 24, T 2 S, R5 E, P.M.M., City of Bozeman, Gallatin County, Montana. Project Location: The above-referenced property (“Site”) is located south of the Montana State University (MSU), south of Arnold Street, west of S. 11th Avenue, and north of W. Graf Street. Staff Finding: The application conforms to standards and is sufficient for approval with conditions and code provisions. Community Development Board/Planning Board Recommendation on June 3, 2024: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 23072 and move for the Community Development Board, in its capacity as the Planning Board, to recommend approval of the Jarrett Major Subdivision Preliminary Plat with conditions and subject to all applicable code provisions. This Motion passed unanimously, 7 to 0, with the additional recommendation that basements be allowed if sanctioned by a licensed geotechnical engineer as described in Section 1 below on page 3. Docusign Envelope ID: 617C13B3-FB27-4A88-8566-01417C605AEE 40325 City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072 Page 2 of 37 City Commission Motion on June 18, 2024: Having reviewed and considered the application materials, staff report, the Community Development Board/Planning Board recommendation, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 23072 and move to approve the Jarrett Major Subdivision Preliminary Plat with conditions and subject to all applicable code provisions. The Motion passed unanimously, 5 to 0. Report Date: July 1, 2024 Staff Contact: Susana Montana, Senior Planner Simon Lindley, Project Engineer Agenda Item Type: Consent (Quasi-Judicial) EXECUTIVE SUMMARY This report is based on the revised application materials submitted and public comment received to date. The application materials are available here and https://weblink.bozeman.net/WebLink/Browse.aspx?startid=274018&cr=1 and in the City’s Laserfiche archive and may be accessed through the Community Development viewer as well. No written public comments have been received as of the writing of this report. Should written public comments be received they will be included in the City’s Laserfiche archive and available to the public. Public comment received at the June 18, 2024 City Commission meeting is summarized in Appendix B on page 38. The video of the meeting can be reached at the following link: https://bozeman.granicus.com/player/clip/2307?view_id=1&redirect=true Unresolved Issues: None Project Description The Department of Community Development received a Preliminary Plat Application on April 4, 2022, requesting to subdivide 45.83 acres to create 110 residential lots which would primarily be suitable for townhome development, one 7.52 acre park, street easements and rights-of-way and 3 undevelopable lots totaling 18.3 acres for future subdivision and future residential development. The site is former farmland and is zoned R-2. The property will have access from Arnold Street to the north, from W. Graf Street to the south, and from South 11th Avenue to the east. Development of the subdivision would take place in three phases as shown below in Exhibits 7 and 8. Docusign Envelope ID: 617C13B3-FB27-4A88-8566-01417C605AEE 41326 City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072 Page 3 of 37 The subdivision land was recently rezoned from R-1, Low Density Residential to R-2, Moderate Density Residential to allow smaller lot sizes (Ordinance No. 2159, Project No. 23047). The undevelopable/restricted development Lot 1, Block 8, Lot 1, Block 9 and Lot 1, Block 10, totaling 18.332 acres, require further subdivision or, if developed as one lot, a site plan review. On May 15, 2024, the Development Review Committee (DRC) found the application sufficient for continued review and recommends the conditions and code provisions identified in this report. The final decision for this preliminary plat must be made by June 28, 2024. Alternatives 1. Approve with the recommended conditions; 2. Approve with modifications to the recommended conditions; 3. Deny the application based on Commission’s findings of non-compliance with the applicable criteria contained within the staff report; or 4. Continue the public hearing on the application, with specific direction to staff or the subdivider to supply additional information or to address specific items. SECTION 1 –PLANNING BOARD DISCUSSION AND RECOMMENDATIONS The Community Development Board, acting in their capacity as the Planning Board, held a public hearing on this major subdivision preliminary plat on June 3, 2024. During the meeting, Community Development staff Susana Montana provided an overview of the Applicant’s proposal and presented a summary of how the proposal meets applicable MCA and UDC statute criteria for evaluating and approving subdivisions. This evaluation of the statute criteria are detailed below in Section 6 on pages 20 to 29 of this report. There was no written public comment presented prior to the meeting and there were two people providing comment on the proposal at the meeting. Their comments are noted below in Appendix B on page 31. The Applicant made a brief presentation of the elements of the proposed subdivision and answered Board Members questions about the project. The Applicant stated that he agreed with staff findings and recommendation for approval with the exception of the language of one Code Provision. Code Provision No. 4 prohibits basements and the Applicant requested basements be permitted if a geotechnical engineer certifies they would be safe and suitable. This request and the Board discussion about basements are summarized below. Docusign Envelope ID: 617C13B3-FB27-4A88-8566-01417C605AEE 42327 City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072 Page 4 of 37 Following the staff and Applicant’s presentations and public comment, Board Member Murphy made a Motion and Board Member Egnatz seconded the Motion to begin the Board discussion process. Comments and discussions from Board Members include the following: Townhome design Board Members commented that providing townhomes is an important contribution to the mix of housing types and for housing diversity in the City and for this area. They could provide more affordable housing for “missing middle”-income households than single-household, detached homes. However, the Board commented it is critically important the townhome designs within the subdivision be high quality. Townhome design can be dignified and beautiful like the “brownstone” townhomes of New York City. If the design of these rows of attached houses are poor and they are built of poor quality, this subdivision could result in a negative image of townhome developments and may result in poor public acceptance of future townhome development elsewhere in the City. The Board recommended that the subdivision CC&Rs include conditions for high quality design of the townhomes. Basements Board Members support the ability to build basements in the homes within this subdivision. The Applicant noted that Code Provision No. 5 in the CDB staff report prohibits basements in homes due to high ground water levels within this Site. He requested the Board amend the Code Provision language to allow basements if a licensed geotechnical engineer certifies the basement would be safe from flooding and would not cause discharge of water onto the street and into City storm drains. Board Members like basements in homes which provide additional space for laundry facilities and storage. They can also provide additional living space for growing families at a nominal cost. Although Board Members supported basements and the amendment to Code Provision to allow them when certified they are suitable for a home lot by a licensed geotechnical engineer, Board Members did not feel they were qualified to recommend that change to the Commission without concurrence from City engineers. The Board asked staff to check with the Project Engineer to see if the Applicant’s proposed amendment to Code Provision would be acceptable. If it is, then the amendment could be included in the staff report to the Commission. If it isn’t, then the Applicant’s request should be brought directly to the Commission for their discussion and decision, with staff bringing the Project Engineer’s rationale for the prohibition of basements in this subdivision to the Commission for their consideration. [Staff Comment: The Project Engineer conferred with the Engineering Division Manager and proposed the following substitute Code Provision No. 4 regarding the provision of basements: Docusign Envelope ID: 617C13B3-FB27-4A88-8566-01417C605AEE 43328 City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072 Page 5 of 37 “BMC 38.220.070.7.b - The Conditions of Approval Sheet shall contain the following, "No crawl spaces or basements will be permitted with future development of the site unless a professional engineer registered in the State of Montana certifies that the lowest point of any proposed structure is located above the seasonal high groundwater level and provides supporting groundwater data prior to release of building permit. In addition, sump pumps are not allowed to be connected to the sanitary sewer system. Sump pumps are also not allowed to be connected to the drainage system unless capacity is designed into the drainage system to accept the pumped water. Water from sump pumps may not be discharged onto streets, such as into the curb and gutters where they may create a safety hazard for pedestrians and vehicles." The Applicant was offered this amendment and they have accepted it. BonTon Park Board Members commented that the proposed parkland at the northwest corner of the Site should be maintained by the City Parks Department rather than the subdivision homeowners’ association (HOA). [Staff Comment: The BonTon Park will be dedicated to, and maintained by, the City.] Trail Connectivity It is important that the subdivision provide multi-modal connectivity to the park for all homes and to parkland and trails throughout the area. The Board looks forward to connectivity to the adjacent Gallagator Trail. There was comment about the one-foot-no-vehicle-access easement along S. 11th Avenue and W. Graf Street as a condition of approval for the subdivision. The 10-foot wide sidewalk along those streets would get the bicycle traffic off the street. The no driveways along S. 11th Avenue would provide more on-street parking for alley-accessed abutting homes. Water Conservation It was remarked that this is a large subdivision and should be provided with large areas of plantings, trees for shading, and irrigation. The irrigation system should incorporate water conservation measures. After discussion, the Board voted on the Motion which passed unanimously, 7 to 0. Docusign Envelope ID: 617C13B3-FB27-4A88-8566-01417C605AEE 44329 City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072 Page 6 of 37 TABLE OF CONTENTS EXECUTIVE SUMMARY ............................................................................................................ 2 Unresolved Issues. None ..................................................................................................... 2 Project Description.............................................................................................................. 2 Alternatives ......................................................................................................................... 3 SECTION 1 –PLANNING BOARD DISCUSSIONS……………………………………………2 SECTION 2 -- MAP SERIES ......................................................................................................... 7 SECTION 3 – REQUESTED VARIANCES ............................................................................... 15 SECTION 4 – RECOMMENDED CONDITIONS OF APPROVAL .......................................... 15 SECTION 5 – CODE REQUIREMENTS .................................................................................... 15 SECTION 6 – RECOMMENDATION AND FUTURE ACTIONS ............................................ 18 SECTION 7 – STAFF ANALYSIS and findings ......................................................................... 18 Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC. .......................... 19 38.220.060. Documentation of compliance with adopted standards ................................ 21 SECTION 8 -- FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS……………… 30 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY .................................... 29 APPENDIX B – NOTICING AND PUBLIC COMMENT ......................................................... 36 APPENDIX C – OWNER INFORMATION AND REVIEWING STAFF ................................. 37 FISCAL EFFECTS ....................................................................................................................... 37 ATTACHMENT LINKS .............................................................................................................. 37 Docusign Envelope ID: 617C13B3-FB27-4A88-8566-01417C605AEE 45330 City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072 Page 7 of 37 SECTION 2 – MAP SERIES Exhibit 1: Location Map Docusign Envelope ID: 617C13B3-FB27-4A88-8566-01417C605AEE 46331 City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072 Page 8 of 37 Exhibit 2 – Zoning Map As of June 4, 2024, the Site will be rezoned R-2. Docusign Envelope ID: 617C13B3-FB27-4A88-8566-01417C605AEE 47332 City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072 Page 9 of 37 Exhibit 3: Community Plan 2020 Future Land Use Docusign Envelope ID: 617C13B3-FB27-4A88-8566-01417C605AEE 48333 City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072 Page 10 of 37 Exhibit 4: “Parent” Allison Subdivision. Jarrett Subdivision within the red lines. 2006 Preliminary Plat 100 acres to be built in 24 phases 312 Dwelling Units at build-out 274 Single-Household lots 7 Multi-Household lots 31 Townhouse lots Docusign Envelope ID: 617C13B3-FB27-4A88-8566-01417C605AEE 49334 City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072 Page 11 of 37 Exhibit 5: Allison Subdivision Context. Jarrett Subdivision shown within the yellow lines. GRAF ST WESTRIDGE DR ARNOLD ST S 3RD AVE S 11TH AVE SECOR AVE S 7TH AVE PARK PL ALDER CREEK DR BROOKDALE DR CONCORD DR HILLCREST DR BROOKDALE DR SUMMERSET DR LEXINGTON DR FIELDSTONE DR WFIELDSTONE DR MADRONA LN ALDER CREEK DR STAUDAHER ST ERWIN AVE CUTTING ST RITTER DR OPPORTUNITY WAY MORROW ST OVER BROOK D R TESLOW DR L A N D OE AVE HENDERSON ST S 11TH AVE Legend Ditch Stream 1 inch equals 503 feet ¯Title Revised: This map was created by the City of Bozeman Department of Planning and Community DevelopmentIntended for Planning purposes only - some layers may not line up properly. Alder Creek Subdivision Figgins Subdivision Morning Star Elementary School Boylan Farmstead Montana State University Mandeville Creek Subdivision CFT Business Park Westfield Subdivision Allision Subdivision Future Phases Docusign Envelope ID: 617C13B3-FB27-4A88-8566-01417C605AEE 50335 City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072 Page 12 of 37 Exhibit 6: Jarrett Subdivision Area Map Jarrett Subdivision is 45.83 acres, providing 110 residential lots; 2 open space lots; and one 7.5 acre City Park; and 3 undevelopable/restricted development lots totaling 18.3 acres. Docusign Envelope ID: 617C13B3-FB27-4A88-8566-01417C605AEE 51336 Jarrett Major Subdivision Preliminary Plat City Commission Findings of Fact and Order Staff Report, Project No. 23072 Page 13 of 37 Exhibit 7 – Jarrett Major Subdivision Preliminary Plat Phases of Development Docusign Envelope ID: 617C13B3-FB27-4A88-8566-01417C605AEE 52337 City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072 Page 14 of 37 Exhibit 8: Park Plan; Phase 1 Improvements noted in red. Docusign Envelope ID: 617C13B3-FB27-4A88-8566-01417C605AEE 53338 Jarrett Major Subdivision Preliminary Plat City Commission Findings of Fact and Order Staff Report, Project No. 23072 Page 15 of 37 SECTION 3 – REQUESTED VARIANCES The subdivider does not request any subdivision variances with this preliminary plat application. SECTION 4 – RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. These conditions are specific to this project. Recommended Conditions of Approval: 1. The subject property is located within the South 11th Street and Graf Street payback district boundaries. If the subject property did not participate in the original cost of construction of improvements the subject property will be accessed a payback charge prior to final plat approval. Reference documents (https://weblink.bozeman.net/WebLink/ElectronicFile.aspx?dbid=0&docid=179320&) and (https://weblink.bozeman.net/WebLink/ElectronicFile.aspx?dbid=0&docid=181722&). 2. A 1 foot "No Access" strip shall be noted and shown on the final plat application along the South 11th Avenue and West Graf Street frontages for the full length of the development. SECTION 5 – CODE REQUIREMENTS 1. Sec. 38.410.060. - Easements. a. All Easements indicated below must be provided on city standard easements templates with an easement exhibit certified by a professional land surveyor licensed in the State of Montana. Drafts must be prepared for review and approval by the city. Signed hard copies of the easements must be submitted to the city prior to final plat approval. b. Agricultural Water Facilities. (1) An agricultural water users easement meeting the requirement of 38.410.060.D.1. must be dedicated with the final plat and notice stating that the easements are subject to the requirements of Section 70-17-112, MCA restricting interference with canal or ditch easements and that irrigation works are subject to Section 85-7-2211 and 85-7-2212, MCA regarding duties and liability, per 38.410.060.D.6 or provide sufficient information pursuant to Sec. 38.410.060.D.5 to allow for the removal of the ditch lateral from the subject property. 38.410.060.D.5 to allow for the removal of the ditch lateral from the subject property. Docusign Envelope ID: 617C13B3-FB27-4A88-8566-01417C605AEE 54339 City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072 Page 16 of 37 The notice must include language to assure the duties are binding upon all successors in interest and remain in effect until such time that the agricultural water user facility is abandoned in accordance with the requirements of Montana Law or alternative requirements are agreed to in writing by all applicable parties. (2) The notice must include language to assure the duties are binding upon all successors in interest and remain in effect until such time that the agricultural water user facility is abandoned in accordance with the requirements of Montana Law or alternative requirements are agreed to in writing by all applicable parties. The easements must be prepared as documents separate from a final plat but may be referenced on a final plat. (3) The easements must be prepared as documents separate from a final plat but may be referenced on a final plat. (4) The developers professional engineer must provide a certification with the final plat, that the water entering and exiting the piped ditches are the same quality and amount of water that entered or exited the facility prior to adjustment. (5) The applicant must provide a permission form from the ditch owner to modify any ditches. (30 foot Storm pipeline access easement, 30 foot water and sewer pipeline access easement). c. The temporary drainage easement just northwest of the intersection of South 11th Avenue and Graf Street must be released prior to final plat using the city standard template. d. Prior to final plat approval, the applicant must provide an easement for the existing stormwater pond #2 located in the Allision Phase 4A Subdivision. The easement is required to provide the Jarrett Subdivision legal access to perform shared maintenance on existing stormwater pond #2 in the Allision Phase 4A Subdivision. e. BMC 38.220.070.7.f - List all easements and recorded document numbers on the Conditions of Approval Sheet of the final plat. 2. BMC 38.400.070 - Street Lighting: The required public streetlight(s) must be included in a Special Improvement Lighting District (SILD), in accordance with the City of Bozeman Lighting and Electrical Specifications, prior to final plat approval. 3. BMC 38.220.020.A - Streambed, Streambank, and/or Wetlands Permits The applicant must contact the Gallatin County Conservation District, Montana Docusign Envelope ID: 617C13B3-FB27-4A88-8566-01417C605AEE 55340 City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072 Page 17 of 37 Department of Environmental Quality, and U.S. Army Corps of Engineers regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc..). Any required permits must be obtained by the applicant and provided to the Community Development Department prior to construction and/or final plat approval, whichever is sooner. A permission form from the ditch owner and downstream water user must be provided to modify a ditch. Ditches must follow historical drainage. 4. BMC 38.220.070.A.7.b - The Conditions of Approval Sheet shall contain the following text: "No crawl spaces or basements will be permitted with future development of the site unless a professional engineer registered in the State of Montana certifies that the lowest point of any proposed structure is located above the seasonal high groundwater level and provides supporting groundwater data prior to release of building permit. In addition, sump pumps are not allowed to be connected to the sanitary sewer system. Sump pumps are also not allowed to be connected to the drainage system unless capacity is designed into the drainage system to accept the pumped water. Water from sump pumps may not be discharged onto streets, such as into the curb and gutters where they may create a safety hazard for pedestrians and vehicles." 5. BMC 38.400.040.A.2 - Street names must be reviewed and approved by the County's geographic information systems and City Engineering Department prior to final plat approval. The applicant must submit written approval from both entities with the final plat application. 6. BMC 38.240.450.A - Where improvements are to be installed prior to final plat approval, the final plat subdivision must contain a certificate of completion of public improvements. The certificate must list all completed and accepted improvements. 7. BMC 38.220.070.A.7.b - The Conditions of Approval Sheet shall contain the following, "The maintenance of all stormwater retention facilities outside the public right-of-way is the responsibility of the property owners’ association (POA)." 8. BMC 40.04.700.A.4.h and DSSP II.B.5. Prior to final plat approval, the Allision Phase 4A Subdivision HOA documents must be amended to include a shared maintenance responsibility with the Jarrett Subdivision HOA for existing stormwater pond #2, located adjacent to Arnold Street within the Allision Phase 4A Subdivision. The Jarrett Subdivision HOA documents must also describe the shared maintenance responsibility with the Allision Phase 4A Subdivision HOA for existing stormwater pond #2. 9. BMC 38.400.010.A.1, BMC 38.400.050.A & BMC 38.420.060 Arnold Street must be fully constructed, including drainage and lighting, from South 14th Avenue to South 11th Avenue prior to final plat approval of Phase 1 of the Jarrett Subdivision. Docusign Envelope ID: 617C13B3-FB27-4A88-8566-01417C605AEE 56341 City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072 Page 18 of 37 10. BMC 38.420.020.D. Parkland. To ensure coordination when parks are being created by a multiphase development, the entire parkland dedication must be accomplished at the time of the initial phase of the development. If necessary, this may be accomplished through the grant of public access easements during later phases. 11. BMC 38.420.070.A. – Linear Parks. If consistent with the growth policy or citywide park plan, and if reviewed and approved by the review authority, linear parks must be dedicated to the City to provide corridors for recreation pathways as defined in section 38.420.110. 12. Sec. 38.410.130 - Water Adequacy. a. Subject to subsections B and C, prior to final approval by the review authority of development occurring under this chapter or chapter 10, the Applicant must offset the entire estimated increase in annual municipal water demand attributable to the development pursuant to subsection D. b. Payment-in-lieu of water rights must be made for the townhouse lots prior to final plat approval. c. Sec. 38.410.130.C.2 - Water Adequacy. Compliance with this section is deferred for development of Blocks 7, 8 and 9 provided the Applicant records a notice of restriction on future development on these lands in a form acceptable to the review authority with the Gallatin County Clerk and Recorder: Individual lots of a subdivision final plat planned for future multiple-household development. d. A note must be included in the conditions of approval sheet indicating lots which will require future payment of cash-in-lieu of water rights upon future development. SECTION 6 – RECOMMENDATION AND FUTURE ACTIONS On May 15, 2024, the Development Review Committee (DRC) determined the application was sufficient for continued review and recommended approval with conditions. On June 3, 2024, the Planning Board recommended approval of the subdivision preliminary plat with conditions and code provisions. The Board also support the Applicant’s request to allow basements in homes provided a licensed geotechnical engineer certifies it would be safe and suitable. Code Provision No. 4 reflects both the Applicant’s and Board’s recommendation. SECTION 7 – STAFF ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis in this report is a summary of the completed review. Docusign Envelope ID: 617C13B3-FB27-4A88-8566-01417C605AEE 57342 City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072 Page 19 of 37 Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC. In considering applications for subdivision approval under this title, the advisory boards and City Commission shall consider the following: 1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and Platting Act The preliminary plat was prepared in accordance with the surveying and monumentation requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered in the State of Montana. The final plat must comply with State statute, Administrative Rules of Montana, and the Bozeman Municipal Code. 2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act The final plat must comply with the standards identified and referenced in the Bozeman Municipal Code. The subdivider is advised that unmet code provisions, or code provisions not specifically listed as a condition of approval, do not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. Sections 3 and 4 of this report identify conditions and code provisions necessary to meet all municipal standards. The listed code requirements address necessary documentation and compliance with standards. Therefore, upon satisfaction of all conditions and code corrections, the subdivision will comply with the subdivision regulations. 3) Compliance with the local subdivision review procedures provided for in Part 6 of the Montana Subdivision and Platting Act Based on the recommendation of the Development Review Committee (DRC), the Planning Board, and other applicable review agencies, as well as any public testimony received on the matter, the City Commission will make the final decision on the conditional approval of the Preliminary Plat. The subdivider requested review of this subdivision under the terms of 76-3-623/MCA as authorized in 38.240.100, seeking expedited review in 35 working days after the application is deemed complete (sufficiency). The Department of Community Development received a preliminary plat application on April 4, 2023. The DRC reviewed the preliminary plat application and determined the submittal did not contain detailed, supporting information that was sufficient to allow for the continued review of the proposed subdivision. In fact, the lot sizes are not permitted in the underlying R-1 zoning district. Subsequently, the Applicant applied for a rezoning of the property to an R-2 designation for the residential lots and to PLI designation for the Block 10 parkland Lot 2A, Project 23047. On April 23, 2024, the rezoning Ordinance No. 2159 was provisionally approved by the City Commission, and on May 7, 2024 the Commission granted final adoption of the rezoning and it Docusign Envelope ID: 617C13B3-FB27-4A88-8566-01417C605AEE 58343 City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072 Page 20 of 37 became effective on June 7, 2024. Therefore, this subdivision will be in compliance with the R-2 zoning with regard to lot size and densities on June 7, 2024. A revised subdivision application was received on September 1, 2023, November 28, 2023, January 20, 2024, March 20, 2024 and May 15, 2024. The DRC determined the application was adequate for continued review on May 15, 2024 and recommended conditions of approval and code corrections for the staff report. Public Notice. The Applicant posted public notice on the subject property on May 10, 2024 and on that date sent the public notice to landowners of record within 200-feet of the subject property via first class mail. No written public comment had been received on this application as of the writing of this report. Two persons commented on the proposal at the June 3, 2024, Planning Board Meeting and their comments are noted in Appendix B of this report, page 31. On June 6, 2024, this major subdivision staff report was completed and forwarded with a DRC and Planning Board recommendation of conditional approval for consideration to the City Commission. 4) Compliance with Chapter 38, BMC and other relevant regulations The DRC reviewed all of the preliminary plat submittals against all applicable regulations of the Bozeman Municipal Code (BMC) and the application complies with the BMC and all other relevant regulations with the conditions and code corrections noted in Sections 3 and 4. This report includes Conditions of Approval and required code provisions as recommended by the DRC for consideration by the City Commission to complete the application processing for final plat approval. All municipal water and sewer facilities will conform to the regulations outlined by the Montana Department of Environmental Quality and the requirements of the Design Standards and Specifications Policy and the City of Bozeman Modifications to Montana Public Works Standard Specifications. 5) The provision of easements to and within the subdivision for the location and installation of any necessary utilities The final plat will provide and depict all necessary utilities and required utility easements as noted in Code Requirement No.1 which requires all easements, existing and proposed, to be accurately depicted and addressed on the final plat and in the final plat application. Public utilities are located within dedicated street right of ways. Docusign Envelope ID: 617C13B3-FB27-4A88-8566-01417C605AEE 59344 City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072 Page 21 of 37 6) The provision of legal and physical access to each parcel within the subdivision and the notation of that access on the applicable plat and any instrument transferring the parcel The final plat will provide legal and physical access to each lot within the subdivision. All of the proposed lots will have frontage on public streets constructed to City standards with lot frontage meeting minimum standards shown on the preliminary plat. However, access to lots fronting on South 11th Avenue and West Graf Street will have a 1-foot no access easement noted and shown on the final plat. This is to ensure that driveway access to those alley-loaded lots is provided from the alley and not from the South 11th Avenue or W. Graf Street frontages which are designated as collector streets. The existing bike lane on S. 11th Avenue within the street right-of-way (ROW) will be provided by a ten-foot wide sidewalk along both of those frontages. On-street parking will be permitted on South 11th Avenue with the Applicant removing the bike lane and restriping the street to allow for on-street parking adjacent to the residential lots (see Condition of Approval No. 2). 38.220.060. Documentation of compliance with adopted standards The DRC completed a subdivision pre-application plan review on November 9, 2022 and no variances were requested at that time. The DRC is recommending conditional-approval of the current, revised application with the conditions and code provisions noted above in Sections 3 and 4. Staff offers the following summary comments on the documents required with Article 38.220.060, BMC, Compliance with Adopted Standards. 38.220.060.A.1 – Surface water. There is one unnamed irrigation ditch lateral that flows through the subject property. This lateral starts from the Alder Creek Subdivision to the south and flows northward underneath W. Graf St. It then flows north by northwest across the subject property (“Site”) to the existing ditch located in the planned alignment of Arnold St north of the Site. In meeting with the owner of water rights in the area, the Middle Creek Ditch Company, it was stated that water has not flown through this lateral for a few years. The downstream water users obtain their water via another ditch to the west, offsite of the subject property. There are no wetlands on this Site. 38.220.060.A.2 – Floodplains. The Site is located within the FEMA Panel 30031C0818E. The majority of the Site lies within Zone X, which is the designation used for areas where there minimal flood hazards. 38.220.060.A.3 – Groundwater. Groundwater monitoring wells were drilled on site in December of 2022 to monitor the groundwater throughout the 2023 high-water season. In December of 2022 the groundwater depth across the Site was approximately 13.5 feet. Spring groundwater levels are much higher and, therefore, basements are not allowed within buildings Docusign Envelope ID: 617C13B3-FB27-4A88-8566-01417C605AEE 60345 City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072 Page 22 of 37 within this Site except if, on a case-by-case basis, a licensed geotechnical engineer certifies that the basements will be safe and suitable for the lot, flooding of the basement will not occur, as noted in Code Provision No. 4. In no case will sump pumps be allowed, nor floodwaters allowed to be discharged to the street which can overburden the City’s stormwater capacity. 38.220.060.A.4 - Geology, Soils and Slopes. a. Geologic hazards. There are no known geologic hazards, areas of instability, or unusual soil, topographic or geologic conditions present on site. The site topography slopes at a 1.5% in a northeasterly direction. b. Protective measures. As aforementioned, there are no known geologic hazards, areas of instability, or unusual soil, topographic or geologic conditions present on site. Therefore, no additional protective measures are proposed to prevent, or material lessen the danger of future property damage or injury due to any of the hazards. c. Unusual features. There are no unusual features on site. There are no unusual soils, topographic or geologic conditions on the property, which will limit the capability for building or excavation using ordinary reasonable construction techniques. There is no known presence of the following on site: shallow bedrock, high water table, unstable or expansive soil conditions, and slope. The site topography slopes at a 1.5% in a northeasterly direction. d. Soils map. The NRCS soils map overlaid with the subdivision shows that the majority of the Allison Subdivision Phase IV contains 350B soils. e. Cuts and fills. Proposed road and lot grades will not exceed 3-percent and slope work will not exceed a 4:1 horizontal to vertical ratio. Cuts/fills required during construction will be minor and will be less than three feet deep. A Storm Water Pollution Prevention Plan (SWPPP) will be required to be approved before any construction begins. The SWPPP will contain Best Management Practices (BMPs) that will be required to be implemented during construction that will manage sediment and minimize erosion during construction. The SWPPP will also require revegetation. 38.220.060.A.5 – Vegetation. The current site is an undeveloped tract historically used for agriculture. Native vegetation is mainly reed grass, tufted hairgrass, prairie cordgrass, sedges and shrubs. The Site is a stubble field and there are no steep areas, unstable slopes, or vegetation on soils highly susceptible to wind or water erosion 38.220.060.A.6 – Wildlife. The Department of Fish, Wildlife & Parks (FWP) has evaluated the site and does not have any fish and wildlife concerns at this time. It is noted that a small herd of Docusign Envelope ID: 617C13B3-FB27-4A88-8566-01417C605AEE 61346 City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072 Page 23 of 37 “neighborhood” wild but “habituated” deer are frequently observed feeding upon the Site and area throughout the year. During construction a stormwater pollution prevention plan (SWPPP) will be required to be issued and implemented to prevent unclean stormwater runoff during construction to enter the waterway. Because this area has historically been used for agriculture, it has not been a vital habitat for wild animals. All land included in streets, avenues, alleys, and public parks will be donated to the City of Bozeman for public use and enjoyment. The subdivision does not interfere with public access to any existing public areas. The Covenants, Conditions and Restrictions (CC&R) document provides for the maintenance of streets, open space lots and the Park lot by the Homeowners’ Association (HOA) as does the Certificate of Dedication signature block on Sheet 1 of the Preliminary Plat which will be carried forward to the final plat. a. Species. Describe species of fish and wildlife which use the area affected by the proposed subdivision. The area has historically been used as agricultural land and therefore is not a significant habitat for wildlife. The occasional deer and birds have been spotted on site. b. Critical areas. Identify on a plat overlay or sketch map of the proposed subdivision any known critical, significant or "key" wildlife areas, such as big game winter range, waterfowl nesting areas, habitat for rare or endangered species or wetlands. As aforementioned, the land has historically been used as agricultural land and is currently a stubble field. No known critical, significant, or “key” wildlife areas are known to exist on site. Therefore, no plat overlay is included here because there are no such wildlife areas on site. c. Pets/human activity. Describe the expected effects of pets and human activity on wildlife. The subdivision will be subject to the City of Bozeman animal control laws that require licensing of pets and leashes on dogs. d. Public access. Describe the effects on public access to public lands, trails, hunting or fishing areas. This site has no public access to public lands or hunting and fishing areas. e. Protective measures. Describe any proposed measures to protect or enhance wildlife habitat or to minimize degradation (e.g., keeping building and streets back from shorelines, setting aside marshland as undeveloped open space). As aforementioned, no significant wildlife areas exist on site. Montana Fish, Wildlife & Parks states that they do not have any fish and wildlife concerns. 38.220.060.A.7 – Agriculture. a. Number of acres in production and type of production. Docusign Envelope ID: 617C13B3-FB27-4A88-8566-01417C605AEE 62347 City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072 Page 24 of 37 The majority of the property is, and has been, in hay production (approximately 20 acres). b. Agricultural operations in the vicinity, and other uses of land in the general vicinity. The surrounding area to the north, east, and south is residential development. The area to the west has been used for hay production in past years. c. The productivity of the land. The land has been productive for hay production. According to the NRCS Soils Map, the majority of the site consists of Blackmore silt loam, which is considered prime for farmland. d. Whether or not the property is part of a viable farm unit, and whether the property was under production during the last regular season. The property is not part of a viable farm unit. The property has been leased for agricultural development, but the owners plan to develop it for residential use now and into the future. The site is surrounded on two sides with residential development. e. What measures will be taken, if any, to control family pets. All pets will be required to be constrained to home lots, or if on shared open space animals must be kept on a leash per the City of Bozeman requirements. The covenants and restrictions address controlling family pets. f. Fencing of agricultural land. No known fence lines around the subdivision boundary exist that protect agricultural lands under an ownership other than that of the developer. 38.220.060.A.8 - Agricultural Water User Facilities. The Site is and was previously used for the production of hay. Other land in the vicinity is used for production of hay and for residential and commercial purposes. An existing irrigation lateral ditch starts from the Alder Creek Subdivision to the south and flows northward through the Site. This lateral starts on the southside of the subject property and extends north by northwest across the west boundary then west on the adjacent property. Peg Easton, who is the president of the Middle Creek Ditch Company and owns the water shares to the ditch lateral, was first contacted via email on 07/25/23 with questions pertaining to the ditch. A notice was sent out on 10/24/23 showing the Applicant’s intent to reroute the ditch on the subject property. Ms. Easton is the lateral ditch person approving the realignment of the north end of this ditch to go around the proposed Jarrett Subdivision parkland area and back into the existing ditch on the north side of the park Block 10, Lot 2A. This new alignment is generally consistent with the existing flow and will not impact any downstream users. The north ditch is Docusign Envelope ID: 617C13B3-FB27-4A88-8566-01417C605AEE 63348 City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072 Page 25 of 37 currently located in the planned alignment of Arnold St which is being designed by Stahly Engineering. All impacted ditches still in use will be piped to allow for continued conveyance of water rights to downstream users. The alignments of the piped ditches will be generally consistent with the existing flow line of the ditch. If any realignment is determined to be necessary, it will comply with all relevant requirements of State law. 38.220.060.A.9 - Water and Sewer. New water and sewer infrastructure will be installed on site to serve the development’s residents. The sewer and water mains will provide service to the residents of Jarrett Subdivision and are designed to tie into and supply future phases. The sewer mains will connect to the existing City of Bozeman system in Arnold Street and S. 11th Avenue. The water mains will be looped and connect to the existing City of Bozeman system in Arnold Street, South 11th Avenue, and Graf Street. a. Water rights. Sec. 38.410.130 - Water Adequacy. Subject to subsections B and C, prior to final approval by the review authority of development occurring under this chapter or chapter 10, the Applicant must offset the entire estimated increase in annual municipal water demand attributable to the development, pursuant to subsection D. Per Code Requirement No. 12, payment-in-lieu of water rights must be made for the lots prior to final plat approval. Per Code Requirement No. 12, cash-in-lieu of water rights (CILWR) are proposed to be paid prior to final plat approval. However, compliance with subsection C.2 is deferred for the Blocks 7, 8 and 9 until the occurrence of future development, provided the Applicant records a notice of restriction on future development in a form acceptable to the review authority with the Gallatin County Clerk and Recorder: Individual lots of a subdivision final plat planned for future multiple- household development. Per Code Provision 12.d, a note must be included in the conditions of approval sheet indicating the Blocks and Lots which will require future payment of cash-in-lieu of water rights upon future development. 38.220.060.A.10 - Stormwater Management. The Site is currently undeveloped. Stormwater management within the subdivision will be accomplished with the combination of surface/gutter flow, pipe conveyance, and detention facilities. Monolithic curb and gutters and valley gutters will be utilized to transfer stormwater to the drain inlets, which will be connected to the closed conveyance piping collection system. The collection system will be designed to convey the 25-year storm event. The location of the curb inlets and piping will be dependent on the final roadway and grading design. The stormwater basins and flow control structures will control and meter the discharge of the Docusign Envelope ID: 617C13B3-FB27-4A88-8566-01417C605AEE 64349 City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072 Page 26 of 37 increased flow to the 10-year pre-development flows and will help remove solids, silt, oils grease and other pollutants from the stormwater. Stormwater Detention Ponds The detention pond on the corner of Arnold Street and Bon Ton Avenue in Allison Subdivision Phase IV was designed with this subdivision in mind. In general, the runoff from this subdivision will drain northeast into the curb inlets on site and be piped across S. 11th Ave to the pond in Allision Subdivision Phase 4A. The stormwater management system was designed and sized per the City of Bozeman Design Standards. Each pond is sized to accommodate more than the required volume, has 4:1 minimum side slope and is 1.5 ft deep maximum with 6" depth of freeboard. The runoff coefficients (C) were determined from Table I-1 of the City of Bozeman Design Standards. Although the property will be both medium and high density residential, the runoff coefficient for high density residential was used for the entire subdivision to be conservative during the early design stage. Detention pond volume calculations are provided in this section. The proposed detention facilities will be maintained by subdivision’s Homeowners Association as noted in the CC&R document as noted in Code Requirement No. 8. Maintenance activities will include periodic inspection, mowing of grasses in the basin and adjacent areas, weed control, removal of trash, and maintenance of the basin flow control structure and outlet piping to ensure the system functions properly. 38.220.060.A.11 - Streets, Roads and Alleys The Site is located within the South 11th Street and Graf Street Payback District boundaries. Per Condition of Approval No. 1, if the subject property did not participate in the original cost of construction of improvements the subject property will be assessed, and must pay, a payback charge prior to final plat approval. Per Condition of Approval No. 2, a 1 foot "No Access" strip shall be placed along the South 11th Avenue and West Graf Street frontages for the full length of the development in order to keep curb cuts and turning movements into driveways off those collector roadways. All lots will meet the minimum lot size and street frontage. Access will be provided to the Subdivision from S 11th Ave, Graf St, and Arnold St. Arnold St will be extended from the existing S 11th Ave at the roundabout to the west. Local streets will extend off these existing roads and loop through the subdivision. S 11th Ave is a collector on the 2017 Bozeman Transportation Plan and Arnold is a hybrid local street with a 70’ ROW, parking and bike lanes. Except Arnold St, all new streets will be constructed as local roadways and will meet at the Docusign Envelope ID: 617C13B3-FB27-4A88-8566-01417C605AEE 65350 City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072 Page 27 of 37 applicable standards. An alley is proposed in the subdivision to separate the lots in Block 1 and Block 6. The proposed alley is 30’ wide, with a 20’ wide asphaltic concrete drive and 5’ wide shoulders on each side. Attached are typical roadway sections. All construction activities in the area will be required to have adequate dust control and erosion control practices based on City and MDEQ standards. Temporary erosion control will also be provided at the dead ends of streets between phases of construction. All interior local roads will be constructed by the developer and maintained through construction. Upon acceptance of road improvements, these roads will be maintained by the City of Bozeman. A Traffic Impact Study was prepared for the subdivision and recommends mitigation measures for the subdivision, some of which have been completed such as installing a traffic signal at S 11th Ave. and Kagy Boulevard and constructing S.11th Ave. and W. Graf St. to two-lane urban collector standards. The City of Bozeman has requested that S. 11th Ave be restriped to replace the existing bike lane with street parking and add a left turn lane into the proposed subdivision. The existing 10’ shared use sidewalk along S. 11th Ave will be used for cyclists. A similar 10’ shared use sidewalk will be provided along the W. Graf Street frontage. Street closures and/or traffic control will be used during the restriping of S. 11th Ave. 38.220.060.A.12 – Non-Municipal Utilities. Northwestern Energy has been notified that electricity and natural gas service will need to be provided to the subdivision and has confirmed that they can provide service, as seen in the attached letter. It has been requested from Northwestern to work concurrently and in cooperation with other utilities and services, including telephone, internet, and cable TV providers to provide for their respective infrastructure in joint utility trenches. Gas, electricity, and information utilities will be phased and will be installed after completion of roads but prior to construction of dwellings. All utilities will be located underground and per the City of Bozeman Standards. 38.220.060.A.13 - Land Use. The Site is currently being used for agriculture—the growing of hay. The property was recently (June 7, 2024) rezoned from R-1, Residential Low-Density District to both R-2, Residential Moderate-density and PLI, Public Lands and Institutions Districts. The developer wishes to subdivide the 45.83 acre Site into 110 residential lots, 3 unbuildable/restricted development lots, 2 open space lots, one 7.521 acre park lot and streets and rights-of-way. The R-2 zoning allows Single-Household, Two-Household and Townhouse/Rowhouse residential dwellings within the subdivision. Most of the 3,000 square foot lots within this subdivision will be built with townhomes. The larger 5,000 to 7,000 sf lots may Docusign Envelope ID: 617C13B3-FB27-4A88-8566-01417C605AEE 66351 City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072 Page 28 of 37 be built with single-household, detached homes. The 3 restricted lots will need further subdivision into smaller lots or, if to be developed as one lot, would need site plan review and approval. 38.220.060.A.14 - Parks and Recreation Facilities The 7.521 acre Block 10, Lot 2A has a 6.75-acre “Public Park Easement” that will be used as a park to serve this subdivision as well as future phases of the Allison Subdivision. This public park easement will be called the BonTon Park. A Park Master Plan is included in this application. The maintenance of the park, including weed control, garbage collection, snow removal, leaf removal, and irrigation maintenance will be managed by the City. A detailed park plan will show neighborhood amenities such as an elevated viewing platform, a grill, picnic tables, benches, and doggie stations on the trail; these improvements will be paid for by the subdivider. Because the BonTon Master Park Plan is also being used to satisfy parkland requirements in the adjacent Allison Subdivision, the BonTon Master Park Plan must include linear park parcels, compliant with section 38.420.110, to accommodate the Gallagator Trail Connections at the far east of Allison Subdivision as noted in Code Provision Numbers 10 and 11. The master park plan must be revised to include this information: Future development of Allison Subdivision will require the inclusion and construction of the Gallagator Trail through the property. Calculations for improvements-in-lieu value may need to be adjusted based on inclusion of the Gallagator. Please note that parkland credit provided to future phases of Allison Subdivision by Jarrett Subdivision and its associated park master plan, do not preclude the requirement for future phases of Allison Subdivision to include and construct the Gallagator Trail corridor. The Gallagator Trail is considered a joint Transportation/Recreation facility and as a Transportation Facility and major anchor route, and per Sec. 38.220.040.A.14.(a).(13)., will be required to be constructed when future phases of Allison Subdivision propose development, regardless of parkland credits provided by Jarrett Subdivision and associated park master plan. Parks will need a legal agreement with the property owner adjacent to the Gallagator Trail to ensure a proper easement width will be acquired when that section of Allison Subdivision develops. The requirement for the Gallagator Trial easement is in addition to any parkland dedicated with Jarrett Subdivision. The availability of parkland credits at the time of future Allison Subdivision development does not release the requirement for future phases of Allison Subdivision to provide the required trail easement for the Gallagator Trail. Parks will provide the proposed legal agreement. Docusign Envelope ID: 617C13B3-FB27-4A88-8566-01417C605AEE 67352 City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072 Page 29 of 37 38.220.060.A.15 - Neighborhood Center Plan The proposed parkland on Block 10 will serve as the Jarrett Subdivision neighborhood center. 38.220.060.A.16 - Lighting Plan. A Lighting Plan for Jarrett Subdivision conducted by Royal Engineering is provided in this submittal. 38.220.060.A.17 – Miscellaneous. There are no public lands within 200’ of the proposed subdivision. There are no known potential hazards such as mining activity, potential subsidence, high pressure gas lines, dilapidated structures, or high voltage power lines located within the proposed subdivision. The Site is not located in the wildlands-urban interface per the Gallatin County Wildlife Urban Interface Areas and Fire District map. 38.220.060.A.18 - Affordable Housing. There are no subsidized housing units proposed for this development nor are there any BMC affordable housing incentives proposed to be used. 38.220.060.A.19 – Adopted Growth Policy: See Appendix A below. SECTION 8 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS A. PURSUANT to Chapter 38, Article 3, BMC, and other applicable sections of Chapter 38, BMC, public notice was given, opportunity to submit comment was provided to affected parties, and a review of the preliminary plat described in these findings of fact was conducted. B. The purposes of the preliminary plat review were to consider all relevant evidence relating to public health, safety, welfare, and the other purposes of Chapter 38, BMC; to evaluate the proposal against the criteria and standards of Chapter 38 BMC, BMC; and to determine whether the plat should be approved, conditionally approved, or denied. C. The matter of the preliminary plat application was considered by the City Commission at a public hearing on June 18, 2024 at which time the Department of Community Development Staff reviewed the project, submitted and summarized recommended conditions of approval, and summarized the public comment submitted to the City prior to the public hearing. D. The Applicant acknowledged understanding and agreement with the recommended conditions of approval, code provisions. E. The City Commission requested public comment at the public hearing on June 28, 2024 and two persons offered comment as summarized below in Appendix B. F. It appeared to the City Commission that all parties and the public wishing to examine the proposed preliminary plat and offer comment were given the opportunity to do so. After receiving the recommendation of the relevant advisory bodies established by Article 38.210, BMC, and considering all matters of record presented with the application and during the public comment Docusign Envelope ID: 617C13B3-FB27-4A88-8566-01417C605AEE 68353 City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072 Page 30 of 37 period defined by Chapter 38, BMC, the City Commission has found that the proposed preliminary plat would comply with the requirements of the Bozeman Municipal Code if certain conditions were imposed. Therefore, being fully advised of all matters having come before her regarding this application, the City Commission makes the following decision. G. The preliminary plat has been found to meet the criteria of Chapter 38, BMC, and is therefore approved, subject to the conditions listed in Section 3 of this report and the correction of any elements not in conformance with the standards of the Chapter including those identified in Section 4 of this report. The evidence contained in the submittal materials, advisory body review, public testimony, and this report, justify the conditions imposed on this development to ensure that the final site plan and subsequent construction complies with all applicable regulations, and all applicable criteria of Chapter 38, BMC. H. This City Commission order may be appealed by bringing an action in the Eighteenth District Court of Gallatin County, within 30 days after the adoption of this document by the City Commission, by following the procedures of Section 76-3-625, MCA. The preliminary approval of this subdivision shall be effective for three (3) years from the date of the signed Findings of Fact and Order approval. At the end of this period the City may, at the request of the subdivider, grant an extension to its approval for a period of mutually agreed upon time. DATED this ________ day of _____________________, 2024 BOZEMAN CITY COMMISSION _________________________________ TERENCE CUNNINGHAM Mayor ATTEST: _______________________________ Mike Maas City Clerk APPROVED AS TO FORM: Docusign Envelope ID: 617C13B3-FB27-4A88-8566-01417C605AEE July16th 69354 City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072 Page 31 of 37 _________________________________ GREG SULLIVAN City Attorney Docusign Envelope ID: 617C13B3-FB27-4A88-8566-01417C605AEE 70355 City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072 Page 32 of 37 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property was recently rezoned from R-1 to R-2, Residential Moderate Density District. The intent of the R-2 residential moderate density district is to provide for the development of one- to two-household or townhome residential structures at urban densities within the City. Urban densities are not specifically defined in the UDC but in 38.300.100, the intent and purpose of all residential and mixed use zones urge this compact development. The Community Plan policies also urge urban densities, compact development and inf-fill development where municipal services are already accessible. Adopted Growth Policy Designation: The subject property is designated “Urban Neighborhood” on the City’s Future Land Use Map (FLUM). Table 4 of the Bozeman Community Plan 2020 shows the correlation between the Urban Neighborhood future land use map designation and implementing zoning districts. (See below for the Table). This category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged. In limited instances, an area may develop at a lower gross density due to site constraints and/or natural features such as floodplains or steep slopes. Complementary uses such as parks, home-based occupations, fire stations, churches, schools, and some neighborhood-serving commerce provide activity centers for community gathering and services. The Urban Neighborhood designation indicates that development is expected to occur within municipal boundaries. This may require annexation prior to development. The FLUM allows the low-density R-1 Districts as well as the moderate-density R-2 Districts. This proposed subdivision would provide one hundred and ten (110) 3,000 to 5,500 square foot (sf) sized lots for townhomes. The Site is flat without habitat encumbrances such as wetlands or floodplains. There is an agricultural irrigation ditch on the Site that will be removed and piped to allow for continued conveyance of water rights to downstream users. The alignments of the piped ditches will be generally consistent with the existing flow line of the ditch. If any realignment is determined to be necessary, it will comply with all relevant requirements of State law. As such, the presence of the irrigation ditch will not impair an urban scale and density of the Site. The R-2 Docusign Envelope ID: 617C13B3-FB27-4A88-8566-01417C605AEE 71356 City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072 Page 33 of 37 zoning only allows single-household, duplex or townhome/rowhouse development on the Site which is similar to adjacent built subdivisions but dissimilar to the more urban apartment complex developments currently under construction in the area. The Urban Neighborhood growth policy encourages development to be walkable, which is defined in the glossary as: Walkable. A walkable area has: • A center, whether it’s a main street or a public space. • People: Enough people for businesses to flourish and for public transit to run frequently. • Parks and public space: Functional and pleasant public places to gather and play. • Pedestrian design: Buildings are close to the street; parking lots are relegated to the back. • Schools and workplaces: Close enough that walking to and from home to these destinations is realistic. • Complete streets: Streets designed for bicyclists, pedestrians, and transit. The Site has a Block Frontage designation of “Landscape” which facilitates homes with entrances facing the street . Block 1 of Phase I and Block 6 of Phase II of the subdivision features lots with alley access. This would facilitate the development of garages facing the alley which decreases the number of curb cuts and driveways facing the street resulting in safer and more convenient pedestrian and bicycle travel on the street. It also facilitates the “pedestrian design” of each of the street-facing townhouses providing a porch, entry door and windows to make an attractive streetscape and a human scale, walkable neighborhood. The subdivision provides a 75 acre park at the northwest corner of the Site. This will be designed and built to serve as the neighborhood center for this subdivision. The park will also be designed to connect with open space and parkland on adjacent lands to the north when that land is developed from farmland to housing. The site is surrounded by urban-scale apartment complexes planned or under construction. The residential neighborhoods to the north are interspersed with pockets of personal service commercial establishments. Around 900 new dwelling units are under construction in the vicinity; most at urban densities in R-4, residential high density and REMU, residential emphasis mixed use zoning districts. Transit. Although the closest bus stop lies about one and a half miles north of the Site at College and S. 13th Avenue. It is anticipated that the Streamline bus service will respond to this new population and potential transit demand within the next few years. Therefore, it is not surprising that, at this time, the Site has a walk score of zero for transit. All trips are dependent upon a vehicle Docusign Envelope ID: 617C13B3-FB27-4A88-8566-01417C605AEE 72357 City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072 Page 34 of 37 or a bicycle. The Site is deemed by the private Walk Score algorithm to be somewhat bikeable (outside of snow months). The City conducts extensive planning for municipal transportation, water, sewer, parks, and other facilities and services provided by the City. The adopted plans allow the City to consider existing conditions and identify enhancements needed to provide additional service needed by new development. The City implements these plans through its capital improvements program that identifies individual projects, project construction scheduling, and financing of construction. The subject properties are within the City’s land use, transportation, parks, and utility planning areas. The 2025 to 2049 Capital Improvement Plan shows transportation system expansion projects on Kagy Blvd and Stucky Road that will improve all mode transportation system capacity in the area. Development consistent with City standards will improve connectivity of sidewalks to adjacent residential and commercial districts. About a half-mile north of the Site along S. 11th Avenue is a Deli and Market and another half-mile north along S. 11th is a Town and Country grocery store with some other local shops and restaurants on S. 11th Avenue and College Avenue. All of which are generally walkable and bikeable. There are many college students walking and biking about in the area. Any future development of the property will be required to conform to City standards for setbacks, height, lot coverage, and buffering. The City’s transportation plan is used to evaluate transportation needs over the long term throughout the City and will evaluate impacts of motorized vehicles along with bikes and pedestrians. The parks and trail plans also examine and specify options for extensions of the existing trail network through this site. Development review of individual lots within the subdivision will ensure that development under the new R-2 zoning will comply with the City’s standards for the provision of onsite parking, circulation and open space. The Homeowners Association (HOA) for the subdivision will maintain the two open space lots, landscaping and stormwater manage facilities. The City will maintain the new BonTon Park after the subdivider constructs the park and amenities. Eventually, there will be public streets fronting the park on all sides. Relevant Community Plan Growth Policies Addressed by this Subdivision THEME 2 | A CITY OF UNIQUE NEIGHBORHOODS Our City desires to be diverse, healthy, and inclusive, defined by our vibrant neighborhoods, quality housing, walkability, excellent schools, numerous parks and trails, and thriving areas of commerce. Goal N-1: Support well-planned, walkable neighborhoods. N-1.2 Increase required minimum densities in residential districts. Docusign Envelope ID: 617C13B3-FB27-4A88-8566-01417C605AEE 73358 City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072 Page 35 of 37 Staff Comment: The R-2 zone offers slightly higher densities than the R-1 zone in that a duplex housing type is permitted with minimum lot sizes of 2,500 sf. Townhomes and row houses are permitted in the R-2 zone with minimum densities of 3,000 sf of lot area per attached dwelling. N-1.5 Encourage neighborhood focal point development with functions, activities, and facilities that can be sustained over time. Maintain standards for placement of community focal points and services within new development. N-1.9 Ensure multimodal connections between adjacent developments N-1.10 Increase connectivity between parks and neighborhoods through continued trail and sidewalk development. Prioritize closing gaps within the network. N-4.4 Ensure an adequate supply of off leash facilities to meet the demand of Bozeman dog owners. Staff Comment: The BonTon Park will serve as the neighborhood center for this subdivision as shown above in Exhibit 9 and below in Exhibit 9. The multi-modal connections to adjacent developments are shown in Exhibit 9. The east-west connection to the mixed use development to the west and to S. 19the Avenue will be provided in later phases when Lot 1/Block 7, one of the restricted lots, is developed. Exhibit 9: BonTon Park connection to the future Gallagator Trail Linear Park Staff Comment: The Parks and Recreation Department accepts the subdivision Master Park Plan and views the BonTon Park as part of a community park consisting of this BonTon Park and the South University District public park located on the north side of Arnold Street. However, the BonTon Park does not offer dog off lease facilities. Docusign Envelope ID: 617C13B3-FB27-4A88-8566-01417C605AEE 74359 City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072 Page 36 of 37 N-3.7 Support compact neighborhoods, small lot sizes, and small floor plans, especially through mechanisms such as density bonuses. N-3.8 Promote the development of "Missing Middle" housing (side by side or stacked duplex, triplex, live-work, cottage housing, group living, rowhouses/townhouses, etc.) as one of the most critical components of affordable housing. Staff Comment: The R-2 zoning would allow development of duplex and rowhouse/townhouse style housing. The 3,000+ square foot townhouse lots bordering the alley in Block 1 of Phase I and Block 6 of Phase II of the subdivision are intended to offer lower per-unit costs and intended to accommodate smaller and, therefore, lower cost housing. This may be affordable “by design” for missing middle type housing. APPENDIX B – NOTICING AND PUBLIC COMMENT Notice was provided by the Applicant by posting on the property and by first class mail to landowners of adjacent properties at least 15 and not more than 45 days prior to the close of the public comment period/the June 18, 2024 City Commission public hearing per BMC 38.220.420. The Applicant posted public notice on the Site on May 10, 2024 and mailed by first class mail on that same date to landowners of record within 200-feet of the Site. As of the date of this report, no written or phone call comments have been received. However, at the Planning Board meeting of June 3, 2024, two people commented on the project. Their comments are noted below. Allison Sweeney: • Is pleased to see this application that would provide townhomes. Townhomes provides a mix of housing types for the City and for this area. • Loves her basement and supports basements at this subdivision. • Recommends that residential buildings incorporate eaves in the roofline; this moves water away from basements. Kim Green: • Supports development of townhomes and advises that it would be suitable housing for University students in the area. • The proposed Park should be maintained by the City Parks Department and not the subdivision HOA. HOAs are often cash-strapped and may not maintain the park properly. • Supports a shared use trail along the perimeter of the subdivision which links all the parks in the area to the homes. Docusign Envelope ID: 617C13B3-FB27-4A88-8566-01417C605AEE 75360 City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072 Page 37 of 37 At the June 18, 2024 City Commission meeting, one person commented and his comment is summarized below. Mark Egge: • The City Commission should not have to spend their valuable time reviewing subdivision applications as was directed by Senate Bill 382 to be an administrative review and decision process. Rather, the Commission should spend their time on policy decisions. Subdivisions that meet adopted codes should be reviewed administratively by staff. APPENDIX C – OWNER INFORMATION AND REVIEWING STAFF Owner/Applicant: Bon Ton Inc, Eugene Graf, President and Yvonne G. Jarrett Representative: Chris Budeski, Madison Engineering Report By: Susana Montana, Senior Planner FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this subdivision. ATTACHMENT LINKS The application materials are available here and https://weblink.bozeman.net/WebLink/Browse.aspx?startid=274018&cr=1 and in the City’s Laserfiche archive and may be accessed through the Community Development viewer as well. Docusign Envelope ID: 617C13B3-FB27-4A88-8566-01417C605AEE 76361