HomeMy WebLinkAboutResolution 5330 Establishing Community Development Board Resolution 5330 Page 1 of 6
RESOLUTION 5330
RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, ESTABLISHING 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
DESIGN REVIEW BOARD.
WHEREAS, Article IV, Section 4.07 of the Bozeman Charter permits the City
Commission to create boards, commissions, or committees as determined necessary; and
WHEREAS, on April 16, 2018, the Bozeman City Commission formally adopted the
Bozeman Strategic Plan via Resolution 4852; and
WHEREAS, the Strategic Plan Section 1.2 Community Engagement encourages the City
of Bozeman to “[b]roaden and deepen engagement of the community in city government,
innovating methods for inviting input from the community and stakeholders” by “restructure[ing]
or combin[ing] City boards and committees to more effectively advise the City and engage the
public”; and
WHEREAS, City Staff prepared a Memorandum and Proposed Plan for board
restructuring, made the plan available on May 20, 2021 for public review, and provided public
notice to inform the public of the opportunity to review and comment on the Proposed Plan; and
WHEREAS, the City Commission held public work sessions on February 23, May 25,
and June 22, 2021 during which it received and reviewed all public, written and oral testimony on
the restructuring of City boards; and
WHEREAS, on June 22, 2021, and in consideration of such testimony, the City
Commission confirmed direction for City Staff to move forward with restructuring the City’s
advisory boards; and
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WHEREAS, the City Commission now determines the creation of an Community
Development Board is necessary to further the stated priority of Community Engagement as
established in Strategic Plan Section 1.2 and to further other goals and objectives of the City; and
WHEREAS, the City Commission has created and established the City Planning Board
pursuant to law and determines the Community Development Board will now act as the City’s
Planning Board for all purposes required by law; and
WHEREAS, the City Commission created and established the City Zoning Commission
pursuant to law and determines the Community Development Board will now act as the City’s
Zoning Commission for all purposes required by law; and
WHEREAS, the City Commission created and established the Impact Fee Advisory
Committee pursuant to Ordinance No. 1730 (Jan. 14, 2008) and Resolution 3840 and determines
to have the Community Development Board act as the City’s Impact Fee Advisory Committee for
all purposes required by law; and
WHEREAS, the City Commission created and established the Design Review Board
pursuant to law Ordinance No. 1830, § 1 (Sept. 24, 2012) and determines to have the Community
Development Board act as the City’s Design Review Board for all purpose required by law.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, that:
SECTION 1: REPEAL OF RESOLUTION 3840 FOR THE COMPOSITION OF THE
IMPACT FEE ADVISORY COMMITTEE; TERMINATION OF CURRENT MEMBER
APPOINTMENTS AND TERMS
Resolution 3840 establishing the composition of the Impact Fee Advisory Committee is hereby
repealed. Effective 11:59 PM November 30, 2021, the appointment and terms of all current
members of the Planning Board, Zoning Commission, Impact Fee Advisory Committee, and
Design Review Board shall terminate.
SECTION 2: CREATION AND PURPOSE
OF THE COMMUNITY DEVELOPMENT BOARD
The Bozeman City Commission hereby creates and establishes the City of Bozeman Community
Development Board effective beginning December 1, 2021. The Community Development Board
will assume all duties required by law for a city planning board and city zoning commission. In
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addition, the Board will assume all duties required by law for an impact fee advisory committee
and design review. The purpose of the Board is to fulfill certain statutorily required duties related
to growth policies, zoning, subdivision review, impact fees, and design review. 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, design
review, 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 related to design review as required by Chapter 38, BMC; 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.
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. Design Review. The Community Development Board will act as the City’s Design
Review Board as required by Chapter 2, Article 5, Division 18, BMC and Chapter 38,
BMC.
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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 be 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, impact fee, and design review purposes.
B. The Board will consist of nine 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 or hold public office in the
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;
5. As required by law for the Board to act as the City’s Impact Fee Advisory
Committee, one member to be appointed by the Commission must be a
representative of the development community; and
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6. One member to be appointed by the Commission who is currently licensed as
an architect.
C. A quorum will consist of a majority of all members.
D. Except for the Mayoral appointment of the person designated by the County
Commission, Board Members may serve no more than (2) two terms. For the initial
terms of members, the City Commission appointees will serve two-year terms and the
Mayoral appointments will serve a three-year term. Except for the Commission
Member who shall serve a two year term, upon the expiration of the initial term, all
members will be appointed to a three-year term. Terms will run on the calendar year.
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.
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 Liaison, in
consultation with the Board Chair, to develop and approve agenda items for the Board’s
consideration and assist the Board in all of 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.
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PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the 10th day of August, 2021.
____________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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