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HomeMy WebLinkAbout06-15-20 City Commission Packet Materials - A4. Ord 2053 Provisional Adoption Amending MC to Change Regular Meeting Day to Tues Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Jeff Mihelich, City Manager SUBJECT: Provisional Adoption of Ordinance 2053 – An Ordinance of the City Commission Amending Section 2.02.070.A.1 of the Bozeman Municipal Code to Change the Regular Meeting Day of the City Commission from Monday to Tuesday MEETING DATE: June 15, 2020 AGENDA ITEM TYPE: Action RECOMMENDATION: Provisionally adopt Ordinance 2053. SUGGESTED MOTION: I move to provisionally adopt Ordinance 2053 BACKGROUND: The Bozeman City Commission’s Rules of Procedure (Chapter 2, Article 2, Bozeman Municipal Code (BMC), require regular meetings of the City Commission to be held on the first four Mondays of every month. Sec. 2.02.070.A.1, BMC. In addition, the Commission may hold a regular meeting on the fifth Monday of the month. This action item will amend the municipal code to change the date of the four regular meetings each month from Monday to Tuesday. In addition, this ordinance will change the day of the discretionary fifth Tuesday. The reason for moving the meeting from Monday to Tuesday is to allow staff more time to respond to agenda item questions from the Commission which usually come in on Sunday night or Monday morning. Also, the School Board meets on Monday night so there would no longer be a conflict if we moved Commission meetings to Tuesday. If the Commission provisionally adopts this ordinance, I will place final adoption on the July 6, 2020 consent agenda. The ordinance will not be effective for 30 days after final adoption; as a result, the Commission will hold its first Tuesday meeting on Tuesday, August 11, 2020. I will engage the media and public to inform them of the change. I will request City staff serving as liaisons to boards and committees holding regular meetings that conflict with the proposed change to work with their boards and Commission liaisons to find alternative days to conduct their meetings. 339 Finally, if the Commission provisionally adopts this ordinance, I will request City staff ensure all public notices (mail, newspaper, on-site posting) are adjusted to reflect this change. UNRESOLVED ISSUES: None. ALTERNATIVES: As determined by the Commission. FISCAL EFFECTS: None identified. Attachments: Ordinance 2053 for Provisional Adoption Report compiled: June 9, 2020 340 Page 1 of 3 ORDINANCE NO. 2053 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING SECTION 2.02.070.A.1 OF THE BOZEMAN MUNICIPAL CODE TO CHANGE THE REGULAR MEETING DAY OF THE BOZEMAN CITY COMMISSION FROM MONDAY TO TUESDAY. WHEREAS, pursuant to 2.02.070.A.1, Bozeman Municipal Code (BMC), the City Commission establishes its rules of procedure and conducts a regular meeting on the first four Mondays of each month, unless cancelled in accordance with the Commission’s Rules of Procedure; and WHEREAS, the Commission desires to meet on the first four Tuesday’s of every month. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 That Section 2.02.070.A, BMC be amended as follows: “A. General/regular meetings. 1. The city commission shall hold a regular meeting on each of the first four Tuesdays Mondays of every month. The city commission may hold a regular meeting on the fifth Tuesday Monday of the month. The commission shall meet in regular session from 6:00 p.m. to no later than 10:00 p.m. in the City Commission Room, City Hall, 121 North Rouse Avenue, or in an alternative location as duly noticed to the public. However, when the day affixed for any regular meeting of the commission falls upon a day designated by law as a legal or national holiday, such meeting may be scheduled at the same hour on the next succeeding day not a holiday or the meeting may be canceled by the commission. 336 Ordinance No. 2053 Page 2 of 3 2. The meeting may be extended beyond the time specified in subsection A.1 of this section by the mayor or a majority vote of the members of the commission should additional matters remain on the commission agenda. 3. Any meeting of the commission may be adjourned to a later date and time, provided that no adjournment shall be for a longer period than until the next regular or specially scheduled meeting. 4. The mayor or majority of the commission may cancel a regular meeting if no business is scheduled for that meeting.” Section 2 All other provisions of 2.02.070, BMC, shall remain as currently ordained. Section 3 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 4 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. Section5 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 6 Codification. This Ordinance shall be codified as indicated in Section 1. 337 Ordinance No. 2053 Page 3 of 3 Section 7 Effective Date. This ordinance shall be in full force and effect 30 days after final passage and approval. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the _______ day of ___________, 2020. ________________________________ CHRIS MEHL 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 ______ day of ___________, 2020. The effective date of this ordinance is ___________, _____, 2020. ________________________________ CHRIS MEHL Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ________________________________ GREG SULLIVAN City Attorney 338