HomeMy WebLinkAboutResolution No. 4151 and Findings of Fact for Story Mansion
Report compiled on February 25, 2009
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Andrew Epple, Planning Director
Chris Kukulski, City Manager
SUBJECT: Story Mansion Property Parkland Declaration
MEETING DATE: March 2, 2009
BACKGROUND: On January 26, 2009, the City Commission directed staff to prepare and
bring back for Commission action the necessary documents to declare the Story Mansion Property (Lot 1A of Block 3, Butte Addition and all improvements thereon) parkland. Attached please find two documents prepared in consultation with the City Attorney’s office designed to
accomplish this objective.
RECOMMENDATION: That the City Commission consider approving the attached Findings and Fact and Resolution pertaining to the declaration of the Story Mansion Property as parkland.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time.
ALTERNATIVES: As suggested by the City Commission.
Respectfully submitted,
_________________________________ _________________________________ Andrew Epple, Director of Planning Chris Kukulski, City Manager
Attachments: Draft Resolution
Findings of Fact
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COMMISSION RESOLUTION NO. 4151
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING AS PUBLIC PARK LAND LOT 1A OF THE FINAL PLAT
OF AMENDED BLOCK 3 OF BUTTE ADDITION TO THE CITY OF BOZEMAN,
CONSISTING OF 2.1474 ACRES AND ALL IMPROVEMENTS THEREON, MORE
COMMONLY KNOWN AS THE STORY MANSION PROPERTY.
WHEREAS, The Story Mansion Property is owned by the City of Bozeman; and
WHEREAS, it is the intent of the City Commission to formally declare this property as
public park land for use by the citizens of the City of Bozeman; and
WHEREAS, the attached Findings of Fact and Order in the Matter of Declaring the
Story Mansion Property as Parkland is hereby adopted by the Bozeman City Commission.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana:
That the Story Mansion Property is hereby declared to be public parkland to be
utilized by the citizens of the City of Bozeman, Montana pursuant to and
consistent with various ordinances of the City of Bozeman.
Section 1
That City of Bozeman staff shall take such steps as necessary to ensure a public record of
this action is recorded with the Clerk and Recorder’s office of Gallatin County, Montana,
including but not limited to the recording of this Resolution and the attached Findings of
Fact, so that this Declaration of Parkland is known to all men and women as the will of
the City Commission of the City of Bozeman, Montana.
Section 2
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana,
at a regular session thereof held on the 2nd
day of March, 2009.
____________________________________
KAAREN JACOBSON
Mayor
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ATTEST:
____________________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
___________________________________
J. ROBERT PLANALP
Interim City Attorney
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BEFORE THE BOZEMAN CITY COMMISSION
GALLATIN COUNTY, MONTANA
IN THE MATTER OF DECLARING THE STORY
MANSION PROPERTY, BEING LOT 1A OF BLOCK
3, BUTTE ADDITION TO THE CITY OF BOZEMAN
AND ALL IMPROVEMENTS THEREON AS
PARKLAND FOR USE BY THE CITIZENS OF
BOZEMAN
FINDINGS
OF FACT
AND ORDER
This matter came before the Bozeman City Commission on January 26, 2009 as part of a
report on Story Mansion Land Use Options presented by director of planning Andy Epple, in which
the question was posed: “Does the Commission wish to declare all or part (or none) of the Story
Mansion Property as parkland?” At the conclusion of the discussion, a majority of Commissioners
directed staff to prepare the necessary documents to declare the entire property as parkland. This
direction to staff was re-affirmed at the Commission’s regular meeting on February 23, 2009 when
zoning options for the Story Mansion Property were discussed.
At both of these public meetings, it appeared to the Commission that all parties wishing to
appear and comment were given the opportunity to do so, and therefore, being fully advised of all
matters having come before it regarding this matter, the Commission makes the following Findings
of Fact:
FINDINGS OF FACT
I.
The Bozeman City Commission hereby finds that the Story Mansion Property would be a
valued and appropriate addition to the City’s system of parklands as described in the adopted Parks,
Open Space, and Trails (PROST) Plan, which states that the City’s parks, recreation programs and
facilities, open spaces and trails play a vital role in defining Bozeman as “the most livable place”.
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Story Mansion Parkland Declaration : Findings of Fact 2 of 2
II.
The Bozeman City Commission hereby finds that the Story Mansion property, as declared
parkland, would provide urban open space, recreation programs and facilities which would
contribute to a community’s quality of life in many ways, including by: 1) Engaging Citizens in
Their Community; 2) Improving Public Health; 3) Helping Children Learn; 4) Creating Safer
Neighborhoods; 5) Revitalizing Community; 6) Developing the Economy; 7) Creating a Green
Infrastructure; 8) Providing for Arts and Cultural Programs; 9) Promoting Tourism; and 10)
Implementing Smart Growth practices.
III.
The Bozeman City Commission finds that it is in the community’s best interest that all
lands used for City parks be “dedicated” (or “Declared”) for that use; and
IV.
The Bozeman City Commission finds that it is in City’s best interest to manage, operate
and maintain the Story Mansion property as parkland for the recreational use and enjoyment of
the people, with the grounds generally maintained as open space and the improvements thereon
generally managed for use as a community center as defined in the Unified Development
Ordinance; and
ORDER
THEREFORE, IT IS HEREBY ORDERED that the Story Mansion Property and all
improvements thereon be declared parkland for the use and enjoyment of the citizens of Bozeman.
DATED this day of , 2009.
BOZEMAN CITY COMMISSION
By:
Kaaren Jacobson, Mayor
ATTEST:
Stacy Ulmen, CMC
City Clerk
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