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Home My WebLink About01-04-18 City Commission Packet Materials - C2. Ordinance 1993, Amending Student RPAB MembershipPage 1 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Andrea Surratt, City Manager SUBJECT: Final adoption of Ordinance 1993 Amending Student Membership on the Recreation and Parks Advisory Board (RPAB). MEETING DATE: January 4, 2017 AGENDA ITEM TYPE: Consent RECOMMENDATION: Final adoption of ordinance 1993 as amended by the City Commission on December 18, 2017. This ordinance will amend Section 2.05.150 of the Bozeman Municipal Code to change the student membership eligibility requirements on the RPAB. RECOMMENDED MOTION: Should the Commission remove this item from the consent agenda the following motion is recommended: “Having reviewed and considered the proposed ordinance, public comment, and all the information presented, I hereby move to finally adoption adopt Ordinance 1993.” BACKGROUND: On December 18, 2017, the City Commission provisionally adopted Ordinance 1993 amending the student membership on the RPAB. The Commission passed a motion to amend the provisional ordinance to add back home schooled students to the list of eligible members. From the December 18 Staff Memo: Sec. 2.05.150 of the Bozeman Municipal Code creates the recreation and parks advisory board and sets the criteria the Commission uses to appoint members. The current language in Subsection 4 reads “Up to two student members from area secondary schools, including home schooled students, may be appointed by the city commission, with city residency being a consideration, but not a mandatory requirement.” This ordinance would amend that provision by: • Replacing one of those students from area secondary school with a student from Montana State University. • Allowing for current students serving on the board to reapply if there are no other applications received, and 53 Page 2 • Setting the term of the appointments to begin in September and end in August to align with the academic school year. UNRESOLVED ISSUES: None ALTERNATIVES: As directed by the Commission. FISCAL EFFECTS: None Attachments: Ordinance 1993 Report compiled on December 19, 2017 54 Page 1 of 4 ORDINANCE NO. 1993 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING CHAPTER 2 OF THE BOZEMAN MUNICIPAL CODE TO CLARIFY THE MEMBERSHIP OF THE RECREATION AND PARKS ADVISORY BOARD TO INCLUDE ONE STUDENT FROM MONTANA STATE UNIVERSITY; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Bozeman Municipal Code authorizes the creation of a recreation and parks advisory board and the City Commission appoints members to that board; and WHEREAS, the membership of that board includes appointement of up to two sudent members from area secondary schools; and WHEREAS, the City Commission desires to include one student board member from Montana State University while keeping the number of members the same. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 That Sec. 2.05.150 of the Bozeman Municipal Code, Recreation and parks advisory board creation, membership and meetings be amended as follows: Sec. 2.05.150. - Recreation and parks advisory board creation, membership and meetings. A. The city commission shall appoint a recreation and parks advisory board, hereinafter referred to as the "board," which shall consist of up to 14 members, representing as many facets of recreational programs as possible and selected as follows: 1. Seven of the members shall be city residents appointed by the city commission; 55 Ordinance 1993, Amending Student Membership on RPAB Page 2 of 4 2. Two of the members shall be recommended by the county board of commissioners, with final appointment to be made by the city commission; 3. Up to three additional at-large members may be appointed by the city commission, with city residency being a consideration, but not a mandatory requirement; and 4. Up to two student members, one from Montana State University, the other from an area secondary schools, including home schooled students, may be appointed by the city commission, with city residency being a consideration, but not a mandatory requirement. If no students apply for these positions by October of a given year, then interested residents may apply for and be appointed for one year terms. Student one year terms shall begin in September and end in August of each year. B. All members shall be appointed for terms of three years, except student members who shall be appointed for a term of one year. A majority of the members on the board, regardless of its size, shall be residents of the city. C. The board shall hold an annual meeting in January, at which meeting it shall elect one of its members as chair of the board to serve as such for the ensuing year; and it shall hold such other meeting as may be required to transact business which may come before it. A majority of the voting members of the board shall constitute a quorum for the purposes of conducting business. Regular meetings will be held on such dates as may be set by the board, and special meetings may be held on any date at the request of a majority of the members of the board, the city manager or the city commission. All meetings shall be open to the public. Reasonable public notice shall be given prior to all regular and special meetings. Section 2 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 3 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. 56 Ordinance 1993, Amending Student Membership on RPAB Page 3 of 4 Section 4 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 5 Codification. This ordinance shall be codified as indicated in Section 1. Section 6 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 18th day of December, 2017. ____________________________________ CARSON TAYLOR Mayor ATTEST: ____________________________________ ROBIN CROUGH City Clerk 57 Ordinance 1993, Amending Student Membership on RPAB Page 4 of 4 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 4th of January, 2018. The effective date of this ordinance is February 3, 2018. _________________________________ CARSON TAYLOR Mayor ATTEST: _______________________________ ROBIN CROUGH City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 58