HomeMy WebLinkAbout21- Ordinance 2085 Repealing and Amending BMC to Create Super Boards
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ORDINANCE 2085
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA REPEALING CHAPTER 2, ARTICLE 5, DIVISION 2 – RECREATION AND
PARKS ADVISORY BOARD; AMENDING 2.05.520 BOZEMAN MUNICIPAL CODE
(COMPOSITION OF PLANNING BOARD); REPEALING CHAPTER 2, ARTICLE 5,
DIVISION 5 – CEMETERY BOARD; REPEALING CHAPTER 2, ARTICLE 5, DIVISION
8 – BEAUTIFICATION ADVISORY BOARD; REPEALING CHAPTER 2, ARTICLE 5,
DIVISION 9 – ECONOMIC DEVELOPMENT COUNCIL; REPEALING CHAPTER 2,
ARTICLE 5, DIVISION 12 – TREE ADVISORY BOARD; REPEALING CHAPTER 2,
ARTICLE 5, DIVISION 14 – BICYCLE ADVISORY BOARD; REPEALING 2.05.2720
BOZEMAN MUNICIPAL CODE (COMPOSITION OF ZONING COMMISSION);
AMENDING 2.05.3000 BOZEMAN MUNICIPAL CODE (AUTHORITY, POWERS, AND
DUTIES OF DESIGN REVIEW BOARD); REPEALING 2.05.3010 BOZEMAN
MUNICIPAL CODE (COMPOSITION OF DESIGN REVIEW BOARD); AND
REPEALING CHAPTER 2, ARTICLE 5, DIVISION 19 – TRAILS, OPEN SPACE AND
PARKS COMMITTEE
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
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Ordinance 2085
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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.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
The Bozeman Municipal Code Chapter 2, Article 5, Division 2 governing the Recreation and Parks
Advisory Board is repealed in its entirety.
Section 2
That Section 2.06.520, Bozeman Municipal Code, will be amended to read as follows:
Sec. 2.05.520. Composition.
A. The planning board shall consist of nine members, appointed to two-year terms to expire on
January 31, as follows:
1. One member appointed by the city commission from its own membership. The term of
the appointed member shall be coextensive with the term of office to which such
member has been elected or appointed unless the commission, on its first regular
meeting of each year, appoints another to serve as its representative or unless the
appointee's commission term is terminated;
2. Three members appointed by the city commission, one of whom, at the commission's
discretion, may be an employee of the city or hold public office in the city or the
county. The appointments shall be for two-year terms, with those terms to expire on
January 31 of odd-numbered years;
3. One member appointed by the mayor, upon designation by the county board of
commissioners, who may be a member of the board of county commissioners or an
office holder or employee of the county. This appointment shall expire on January 31
of odd-numbered years;
4. Four citizen members appointed by the mayor, who shall be resident freeholders within
the city limits, and who shall be qualified by knowledge and experience in matters
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Ordinance 2085
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pertaining to the development of the city. These appointments shall be coterminous
with the term of the mayor.
B. The city clerk shall certify the members appointed by the city commission. The certificates
shall be sent to and become a part of the records of the planning board. The mayor shall
make similar certification for the appointment of citizen members.
Section 3
The Bozeman Municipal Code Chapter 2, Article 5, Division 5 governing the Cemetery Board is
repealed in its entirety.
Section 4
The Bozeman Municipal Code Chapter 2, Article 5, Division 8 governing the Beautification
Advisory Board is repealed in its entirety.
Section 5
The Bozeman Municipal Code Chapter 2, Article 5, Division 9 governing the Economic
Development Council is repealed in its entirety.
Section 6
The Bozeman Municipal Code Chapter 2, Article 5, Division 12 governing the Tree Advisory
Board is repealed in its entirety.
Section 7
The Bozeman Municipal Code Chapter 2, Article 5, Division 14 governing the Bicycle Advisory
Board is repealed in its entirety.
Section 8
That Section 2.05.2720, Bozeman Municipal Code, governing the composition of the Zoning
Commission is hereby repealed in its entirety.
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Section 9
That Section 2.05.3000, Bozeman Municipal Code, is hereby amended as follows:
Sec. 2.05.3000. Established—Authority, Powers, and duties.
A. The Community Development Board established pursuant to Resolution 5330 shall act as
the Design Review Board for all purposes under this code. The Design Review Board
(DRB) is established to evaluate aesthetic considerations of larger and more complex
proposals which are likely to produce significant community impact and to provide
recommendations regarding such proposals to the review authority, subject to the provisions
of chapter 38.
B. The DRB shall act as an advisory body to the review authority for:
1. Development applications meeting one or more of the thresholds of section
38.230.040.C.;
2. Planned unit developments; and
3. Appeals from ADR decisions.
C. The DRB may develop, and after adoption by the City Commission, apply specific
guidelines related to such concerns as architectural appearance, landscape design and
signage for the construction and/or alteration of structures, sites or areas;
D. When proposals for reuse, change in use or further development of a site are located in the
neighborhood conservation overlay district, review by the DRB may be required to
determine whether resubmittal as a new application is necessary in accordance with section
38.230.160.
E. The DRB may be requested to review the following development projects within the
neighborhood conservation overlay district: new construction, alterations to existing
structures, movement of structures into or out of the neighborhood conservation overlay
district, or demolition of structures by any means or process in accordance with 38.340.A.
F. The DRB must review any tax abatement or other incentive programs being considered by
the city commission that are designed to stimulate preservation and rehabilitation of
structures and properties with the neighborhood conservation district, and to review any
proposed action or development utilizing these abatement or incentive programs in
accordance with section 38.340.020.
Section 10
That Section 2.05.3010, Bozeman Municipal Code, is hereby repealed in its entirety
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Section 11
The Bozeman Municipal Code Chapter 2, Article 5, Division 19 governing the Trails, Open Space,
and Parks Committee is repealed in its entirety.
Section 12
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this Ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Section 13
Savings Provision.
This Ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this Ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 14
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
Ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this Ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 15
Codification.
This Ordinance shall be codified as indicated in Sections 1 – 11.
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Section 16
Effective Date.
This Ordinance shall be in full force and effect December 1, 2021.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 10th day of August, 2021.
____________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the 24th day of
August, 2021. The effective date of this ordinance is December 1, 2021.
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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