HomeMy WebLinkAboutJ4 BCNA Task Force Memo
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brit Fontenot, City Clerk
Chris Kukulski, City Manager
SUBJECT: Bozeman Creek Neighborhood Association (BCNA) Taskforce
MEETING DATE: August 14, 2006
BACKGROUND: During the Commission meeting of August 7, 2006 Commissioner Kirchhoff
requested that the Commission pursue implementation of a BCNA Taskforce at the August 14, 2006
meeting. The following proposal is based on suggestions by Mr. James Pepper:
The stated purpose of the BCNA Task Force is to:
Pursue implementation of the Bozeman Creek Neighborhood Plan (BCN Plan) to provide
permanent protection to the designated open space as set forth in the BCN Plan adopted by the
City of Bozeman. Implementation will include identification and commitment of funding sources
and other arrangements necessary to extinguish the development rights on the thirteen properties
identified as Open Space in the adopted plan. Measures to achieve this protection include, but are
not limited to: property exchanges; transfer of development rights; conservation easements;
limited development options; and fee simple purchase:-The Task Force would work directly and
closely with all effected property owners as well as the City, County, and relevant Non-
Governmental Organizations (NGOs) to pursue the implementation strategies as set forth in
Section 5.2 of the BCN Plan.
Implementation of the BCN Plan may also warrant addressing related issues, including but not
limited to access and right-of-way issues, floodplain protection, and other public safety
considerations.
The stated need for BCNA Task Force is for:
Long-Term Environmental Protection. The portion of the Bozeman Creek Corridor protected
under the BCN Plan would place approximately 45 acres of undeveloped land contiguous to
nearly one mile of Bozeman Creek. This segment is virtually the only undeveloped and/or
unprotected segment of Bozeman Creek between Main Street and Goldenstein Lane (located
three miles to the south). The corridor contains near-continuous riparian vegetation and
constitutes valuable wildlife and stream habitat. It provides high scenic quality, flood protection,
and presents opportunities for passive recreation - trails, picnicking, fishing, bird watching, etc.
Long-term protection of this corridor will virtually require extinguishing the development rights
as envisioned in the BCN Plan.
Task Force. The BCN Plan is fundamentally different from any other plans adopted by the City
of Bozeman in the sense that the plan calls for extinguishing the existing property rights on a
series of properties. As such, the BCN Plan is the antithesis of a development plan (as is
normally the case), and thus is an "undevelopment" plan. Extinguishing property rights requires
a totally different set of considerations than normal planning activities, inasmuch as the subject
property owners must enter in to contractual arrangements to voluntarily give up their property
rights, and are entitled to payment for the full market value of their property rights unless they
should choose to do otherwise (via conservation easements, limited development, property
exchange, etc.).
Task Force Expertise. The expertise and set of professional skills necessary to successfully
undertake this type of work are found only in two NGOs located in Bozeman: The Gallatin
Valley Land Trust and the Trust for Public Land. Stephen Johnson (Executive Director of GVL
T) and Eric Love (Rocky Mountain Program Director of the Trust for Public Land) have both
agreed to serve on the Task Force in order to bring these necessary skills to the enterprise. Both
have extensive experience in land assembly for conservation easements, and posses the
economic analysis tools, as well as the negotiating skills that are vital to the success of this
undertaking. It is also important to maintain a high degree of confidentiality in negotiations with
property owners, since personal financial matters are an essential part of the negotiation process.
Managing this delicate aspect of the task force work would best be carried out by GVL T and/or
TPL where confidentiality can be more readily achieved. Naturally, when public monies are
involved in the purchase of property rights, appropriate public disclosure is warranted.
Proposed Membership:
The following membership has been recommended for the Task Force by the Bozeman Creek
Neighborhood Association Executive Committee:
City of Bozeman (2)
Commissioner Steve Kirchhoff
Commissioner Kaaren Jacobson
Gallatin County (1)
Commissioner Bill Murdoch
Bozeman Creek Neighborhood Association (3)
G.K. Reiser
W. Martel
J. Pepper
(alternate: D. Heckerman)
Land Conservation Non-Govcrnmental Organizations (NGOs) (2)
E. Love - Trust for Public Land (Rocky Mountain Program Director)
S. Johnson - Gallatin Valley Land Trust (Executive Director)
Staffing:
Assistant City Manager R. Brey
Other staff assistance to be provided on an "as needed basis" from the City of
Bozeman and Gallatin County.
Timetable:
The Task Force would meet monthly. Substantive tasks shall be undertaken by a series of
standing subcommittees. Subcommittees are expected to meet as warranted to complete
tasks in a timely manner. Members would be appointed for a two-year period.
RECOMMENDATION: Review proposal and appoint Task Force members.
FISCAL EFFECTS: None.
ALTERNATIVES: As suggested by the City Commission.
Respectfully submitted,
_________________________________ ____________________________
Brit Fontenot, City Clerk Chris A. Kukulski, City Manager
Attachments:
none