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Home My WebLink About07-20-20 City Commission Packet Materials - C11. Ord 2053 Final Adoption Changing City Commission Meeting Day to Tuesday Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Mike Maas, City Clerk Jeff Mihelich, City Manager SUBJECT: Final 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: July 20, 2020 AGENDA ITEM TYPE: Consent RECOMMENDATION: Finally adopt Ordinance 2053. SUGGESTED MOTION: (If applicable): I move to finally adopt Ordinance 2053 BACKGROUND: On June 15, 2020, the Commission provisionally adopted Ordinance 2000 – changing the day of regular Commission meetings from Monday to Tuesday. In doing so, the Commission amended Ordinance 2053 as proposed through the following motion: “I move to amend Ordinance 2000 by adding “except for Tuesdays following a Federal holiday” to the end of the first sentence.” For additional background information on the purposes behind Ordinance 2053, please refer to the Commission memorandum from the June 15, 2020 meeting. It can be found here. After considering the amendment, the City Attorney and I suggest a couple minor adjustments to the amended Ordinance. • Rather than refer to “Federal” holidays, we suggest the Commission adjust the amended language to remain parallel with other references in this section to “legal or national holidays.” This will also alleviate potential for conflict between State and Federally recognized holidays. • Columbus Day is a Federal and State holiday occurring on the second Monday of October. However, the City long ago provided the day off required by Montana law on the day after Thanksgiving. In addition, the City no longer formally recognizes Columbus 100 Day; instead, the City now celebrates Indigenous People’s Day. See Mayoral Proclamation of the City of Bozeman, Montana To Recognize and Celebrate Indigenous Peoples’ Day on the Second Monday of Each October, March 21, 2016. The City Commission meets on the second Monday of October and has a special presentation with local residents in honor of Indigenous People’s Day. We suggest that growing tradition continue on the Tuesday after the federal and state recognized holiday. As such, we recommend an adjustment to the Ordinance that ensures a regularly scheduled meeting on the second Tuesday of October will occur – providing an opportunity to celebrate Indigenous People’s Day. If the Commission accepts these minor adjustments, the item can remain on the consent agenda. Below we provide the resulting adjusted language amending Section 2.02.070.A.1, BMC. The underlined text reflects new provisions and the strikeout shows text being repealed. The sections highlighted in yellow are provisions from the Commission’s amendment at provisional adoption that will remain. The areas highlighted in green are the suggested adjustments1. The city commission shall hold a regular meeting on each of the first four Tuesdays Mondays of every month except for Tuesdays immediately following all legal or national holidays falling on a Monday, with the exception of Columbus Day. 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. If the Commission finally adopts this Ordinance, it will be effective 30 days after July 6, 2020. The first regular Commission meeting to be held on a Tuesday will occur on August 25, 2020. As noted previously, if the Commission finally adopts this Ordinance, 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. Finally, if the Commission finally 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. 1 I have not highlighted the proposed adjusted text in the Ordinance. As such, the Ordinance reflects the final text for the Commission’s adoption. 101 Attachments: Ordinance 2053 for Final Adoption Report compiled: July 14, 2020 102 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 except for Tuesdays immediately following all legal or national holidays falling on a Monday, with the exception of Columbus Day. 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. 103 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. 104 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 105