Loading...
HomeMy WebLinkAboutResolutions 2025-62 - Adjustments to the Community Development Board and for the Board to Function as the Planning Commission Under MLUPA Resolution 2025-62 Page 1 of 6 RESOLUTION 2025-62 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, REESTABLISHING THE COMMUNITY DEVELOPMENT BOARD AND AUTHORIZING THE COMMUNITY DEVELOPMENT BOARD TO ACT AS THE CITY’S PLANNING BOARD, ZONING COMMISSION, IMPACT FEE ADVISORY COMMITTEE, AND TO FUNCTION AS THE PLANNING COMMISSION UNDER THE MONTANA LAND USE AND PLANNING ACT. WHEREAS, on August 10, 2021, the Bozeman City Commission adopted Resolution 5330 establishing the Community Development Board; and WHEREAS, the City Commission desires to amend the structure of the Community Development Board and adopts this Resolution to supersede Resolution 5330; and WHEREAS, the Community Development Board, until the City falls under the jurisdiction of the Montana Land Use and Planning Act (MLUPA), will serve as the City’s Planning Board, Zoning Commission, and Impact Fee Advisory Board, and after the City falls under the jurisdiction of MLUPA, the Community Development Board will serve as and perform the duties of the City’s Planning Commission and the Impact Fee Advisory Committee; and WHEREAS, nothing in this Resolution affects any decision made by the Community Development Board prior to the date of this resolution. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that: SECTION 1: Resolution 5330 is hereby repealed and superseded by this Resolution. Docusign Envelope ID: 781AAE93-067C-4BA5-A143-94268DC98E3D Resolution 2025-62 Page 2 of 6 SECTION 2: PURPOSE OF THE COMMUNITY DEVELOPMENT BOARD The Bozeman City Commission hereby reestablishes the City of Bozeman Community Development Board effective immediately. The Community Development Board will assume all duties required by law for a city planning board and city zoning commission. In addition, the Board will assume all duties required by law for an impact fee advisory committee. The purpose of the Board is to fulfill certain statutorily required duties related to growth policies, zoning, subdivision review, and impact fees. In doing so, in addition to duties required by law, the Board must cultivate policies that positively influence the direction of Bozeman’s growth and development. In addition, the Community Development Board may make advisory recommendations to the City Commission and, if requested by the City Manager to the City Manager, regarding policies that enhance the unique character of each of Bozeman’s vibrant commercial and neighborhood districts. The Community Development Board will encourage policies that: 1. Fulfill the duties required by law for a planning board, zoning commission, and impact fee advisory committee and comport with the State of Montana’s legal requirements for planning, zoning, subdivision of land, and impact fees; 2. Fulfill the duties of a Planning Commission pursuant to the Montana Land Use and Planning Act; and 3. Consider principles of sustainability and the Bozeman Climate Action Plan in its policy recommendations. SECTION 3: FOCUS AREAS OF THE COMMUNITY DEVELOPMENT BOARD The following areas of focus are hereby assigned to the Community Development Board: 1. Planning Board. The Community Development Board will act as the City’s Planning Board as provided for by Montana law and Chapter 2, Article 5, Division 4, BMC and Chapter 38, BMC. Docusign Envelope ID: 781AAE93-067C-4BA5-A143-94268DC98E3D Resolution 2025-62 Page 3 of 6 2. Zoning Commission. The Community Development Board will act as the City’s Zoning Commission as provided for by law and Chapter 2, Article 5, Division 15, BMC and Chapter 38, BMC. 3. Impact Fee Advisory Committee. The Community Development Board will act as the City’s Impact Fee Advisory Committee as provided for by law. In doing so, the Board will advise the City Commission, and as requested by the City Manager advise the City Manager, regarding the process of calculating, assessing and spending impact fees. 4. Planning Commission. Upon the City’s compliance with the Montana Land Use and Planning Act, the Community Development Board will serve as the City’s Planning Commission pursuant to Resolution 5334 and 76-25-104, MCA. SECTION 4: POWERS/DUTIES, MEMBERS/COMPOSITION, AND ORGANIZATION OF THE COMMUNITY DEVELOPMENT BOARD 1. Powers and Duties. The Community Development Board is hereby authorized to exercise the following powers and duties: A. Advise the City and perform the duties as provided for in Sections 2 and 3 of this Resolution. B. Abide by the Rules of Procedure, as set forth in a resolution to be approved by the City Commission, for the Board’s operation and conduct of business. C. The Board may have such other duties and responsibilities as the City Commission or City Manager, from time to time, may direct. D. Except where otherwise required by law, the actions of the Board are advisory only, do not constitute policy of the City, and are not binding upon the City Commission or the City Manager. The City Commission or City Manager may adopt all or any part of any recommendation of the Board. 2. Members: Appointments and Terms. A. The City Commission or Mayor will make appointments to the Community Development Board. In doing so, the City Commission (or Mayor as appropriate) will appoint individuals to the Community Development Board and must also indicate in such appointment the appointees will serve as appointees for planning board, zoning commission, and impact fee purposes. Docusign Envelope ID: 781AAE93-067C-4BA5-A143-94268DC98E3D Resolution 2025-62 Page 4 of 6 B. The Board will consist of seven members. Membership must be as follows: 1. One member to be appointed by the City Commission from its membership; 2. One member to be appointed by the City Commission, who may in the discretion of the City Commission be an employee of the city or hold public office in Bozeman or Gallatin County; 3. One member to be appointed by the Mayor, upon the designation by Gallatin County Commission; 4. Four citizen members, to be appointed by the Mayor, who possess the qualifications required by 76-1-224(1), MCA, and at least one of whom shall be a representative of the development community as required by 7-6-1604, MCA, for the Board to act as the City’s Impact Fee Advisory Committee; C. A quorum will consist of a majority of all members. Upon the City’s compliance with the Montana Land Use and Planning Act, a quorum will be determined pursuant to 76-25-104, MCA. D. Except for the Mayoral appointment of the person designated by the County Commission, Board Members may serve no more than (2) terms. E. Board Members must be at least 18 years old and be residents of the City. F. Board Members will not receive compensation for their service. Board Members are entitled to previously authorized expenses, including travel expenses, incurred during the discharge of duties. G. Board Members serve at the pleasure of the Commission and may be removed by a majority vote of the Commission for any reason. H. Upon the City’s compliance with MLUPA, the composition of the Community Development Board will consist of seven members, all to be appointed by the City Commission. One member may be a member of the City Commission, and at least one member must be a representative of the development community. Members must be residents of the City. I. Upon the City’s compliance with MLUPA, the majority of members of the Community Development Board must be qualified by knowledge and experience in matters pertaining to the development of the city. 3. Office of Agency; Staff Support. The Community Development Board will maintain its records in the office of the City department designated by the City Manager to maintain the records of the Board. The City Manager may assign one or more staff to assist the Board in its duties and functions. The City Manager may also designate one or more staff to serve as the liaison to the Board. The City Manager may authorize the assigned Staff Docusign Envelope ID: 781AAE93-067C-4BA5-A143-94268DC98E3D Resolution 2025-62 Page 5 of 6 Liaison, in consultation with the Board Chair, to develop and approve agenda items for the Board’s consideration and assist the Board in all its functions. 4. Meetings. The Community Development Board meetings must be open to the public as provided for in Montana law. Meetings must be held on a regular basis and must be in the Bozeman City Commission room unless such room is unavailable or not sufficient for the nature of the meeting. The Board must comply with and is subject to all requirements and City policies related to open meetings and public participation and engagement. 5. Ethics and High Performing Boards. All Community Development Board activities and its appointed members must comply with and are subject to State of Montana and the City Code of Ethics. In addition, the Board and its members must comply with, and are subject to City policies related to the performance, behavior, and procedures of City boards, as established by the City Commission or City Manager. 6. Public Information. All written and electronic information created by the Board or its members in conducting its duties constitutes public information and is subject to disclosure and the records retention requirements pursuant to Montana law. SECTION 5: SAVINGS CLAUSE This Resolution does not affect any prior action, decision, or recommendation of the Community Development Board. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 7th day of October, 2025. ____________________________________ TERRY CUNNINGHAM Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk Docusign Envelope ID: 781AAE93-067C-4BA5-A143-94268DC98E3D Resolution 2025-62 Page 6 of 6 APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney Docusign Envelope ID: 781AAE93-067C-4BA5-A143-94268DC98E3D Certificate Of Completion Envelope Id: 781AAE93-067C-4BA5-A143-94268DC98E3D Status: Completed Subject: Complete with Docusign: L.1 Res 2025-62 CDB_Adjustments_9_30_25_FINAL.pdf Source Envelope: Document Pages: 6 Signatures: 3 Envelope Originator: Certificate Pages: 5 Initials: 0 Mike Maas AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-07:00) Mountain Time (US & Canada) Stamps: 1 PO Box 1230 Bozeman, MT 59771 Mmaas@bozeman.net IP Address: 155.190.3.6 Record Tracking Status: Original 10/8/2025 2:04:56 PM Holder: Mike Maas Mmaas@bozeman.net Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: City of Bozeman Location: Docusign Signer Events Signature Timestamp Terry Cunningham tcunningham@bozeman.net Mayor City of Bozeman Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 2600:100e:b060:4fa4:1485:7b6d:c6ab:804 Signed using mobile Sent: 10/8/2025 2:06:10 PM Viewed: 10/8/2025 2:28:17 PM Signed: 10/8/2025 2:29:35 PM Electronic Record and Signature Disclosure: Accepted: 6/29/2021 4:59:06 PM ID: 47eea7cb-ba9e-4f63-bb08-c11196c7c534 Greg Sullivan gsullivan@bozeman.net Bozeman City Attorney City of Bozeman, Montana Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 155.190.3.6 Sent: 10/8/2025 2:29:37 PM Viewed: 10/8/2025 5:11:04 PM Signed: 10/8/2025 5:11:12 PM Electronic Record and Signature Disclosure: Accepted: 10/8/2025 5:11:04 PM ID: 6c01cb68-cb85-4ea8-9f28-88769f5ee24c Mike Maas Mmaas@bozeman.net City Clerk City of Bozeman Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 208.94.236.112 Sent: 10/8/2025 5:11:13 PM Viewed: 10/9/2025 11:05:26 AM Signed: 10/9/2025 11:05:33 AM Electronic Record and Signature Disclosure: Accepted: 1/6/2020 4:08:14 PM ID: 79370d6f-72a4-4837-866f-9ec31f00062f In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Erin George egeorge@bozeman.net Director of Community Development City of Bozeman Security Level: Email, Account Authentication (None) Sent: 10/9/2025 11:05:34 AM Electronic Record and Signature Disclosure: Accepted: 9/13/2023 9:51:23 AM ID: 261803db-9489-4706-8a65-b1eb9b232ac0 Chris Saunders csaunders@bozeman.net Security Level: Email, Account Authentication (None) Sent: 10/9/2025 11:05:35 AM Electronic Record and Signature Disclosure: Accepted: 10/21/2024 5:33:06 PM ID: 68051955-f4eb-45c7-8f61-fa4b84af0dcd Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 10/8/2025 2:06:11 PM Certified Delivered Security Checked 10/9/2025 11:05:26 AM Signing Complete Security Checked 10/9/2025 11:05:33 AM Completed Security Checked 10/9/2025 11:05:35 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure CONSUMER DISCLOSURE From time to time, City of Bozeman (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign, Inc. (DocuSign) electronic signing system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the ‘I agree’ button at the bottom of this document. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after signing session and, if you elect to create a DocuSign signer account, you may access them for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign ‘Withdraw Consent’ form on the signing page of a DocuSign envelope instead of signing it. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. Electronic Record and Signature Disclosure created on: 7/9/2018 4:06:02 PM Parties agreed to: Terry Cunningham, Greg Sullivan, Mike Maas, Erin George, Chris Saunders How to contact City of Bozeman: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: jolson@bozeman.net To advise City of Bozeman of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at jolson@bozeman.net and in the body of such request you must state: your previous e-mail address, your new e-mail address. We do not require any other information from you to change your email address.. In addition, you must notify DocuSign, Inc. to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in the DocuSign system. To request paper copies from City of Bozeman To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an e-mail to jolson@bozeman.net and in the body of such request you must state your e-mail address, full name, US Postal address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with City of Bozeman To inform us that you no longer want to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your DocuSign session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an e-mail to jolson@bozeman.net and in the body of such request you must state your e-mail, full name, US Postal Address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software Operating Systems: Windows® 2000, Windows® XP, Windows Vista®; Mac OS® X Browsers: Final release versions of Internet Explorer® 6.0 or above (Windows only); Mozilla Firefox 2.0 or above (Windows and Mac); Safari™ 3.0 or above (Mac only) PDF Reader: Acrobat® or similar software may be required to view and print PDF files Screen Resolution: 800 x 600 minimum Enabled Security Settings: Allow per session cookies ** These minimum requirements are subject to change. If these requirements change, you will be asked to re-accept the disclosure. Pre-release (e.g. beta) versions of operating systems and browsers are not supported. Acknowledging your access and consent to receive materials electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the ‘I agree’ button below. By checking the ‘I agree’ box, I confirm that:  I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC CONSUMER DISCLOSURES document; and  I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and  Until or unless I notify City of Bozeman as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by City of Bozeman during the course of my relationship with you.