Loading...
HomeMy WebLinkAboutProvisional Adoption of Ordinance No. 1757, Amending Rules of Procedure Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Stacy Ulmen, City Clerk Chris A. Kukulski, City Manager SUBJECT: Ordinance No. 1757, Revising Ordinance No. 1727, City Commission Rules of Procedure MEETING DATE: January 12, 2009 Meeting RECOMMENDATION: Consider revisions to Ordinance No. 1727, City Commission Rules of Procedure and provisionally adopt Ordinance No. 1757. BACKGROUND: Due to the new location of City Hall, and revisions as set out in Ordinance No. 1737 pertaining to Policy Meetings adopted on January 28, 2008, and Ordinance No. 1738 pertaining to the Ending Time of Regular Meetings adopted on February 4, 2008, it is necessary to update Ordinance No. 1727, City Commission Rules of Procedure. In addition, the City Clerk’s Office received an opinion from Interim City Attorney Bob Planalp on December 5, 2008 regarding the Recording of Minutes of Executive Sessions of the City Commission. Attorney Planalp reiterated that according to Ordinance No. 1727, the City Clerk shall keep a journal of the proceedings of the Commission and that Minutes of all meetings shall be recorded. Attorney Planalp asked that the Clerk’s office develop an appropriate method and manner for recording the minutes and keep the executive session Minutes in a method and manner separate and apart from the minutes of public meetings. Other like municipalities were contacted regarding their procedures and research was conducted via the web. Language has been added pertaining to Executive Sessions under section 2.04.040 Meetings and 2.04.150 Minutes within the revised Ordinance No. 1757, City Commission Rules of Procedure. This language has been reviewed by legal. ALTERNATIVES: As suggested by the City Commission. Respectfully submitted, __________________________________ ___________________________________ Stacy Ulmen, City Clerk Chris A. Kukulski, City Manager Attachments: Draft Ordinance No.1757, Letter from Attorney Planalp, Ordinance No. 1727, 1737, Resolution No. 4105, and Ordinance No. 1738. 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 ORDINANCE NO 1727 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN MONTANA PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING CHAPTER 2 04 OF SAID CODE PROVIDING AMENDING CHAPTER 2 04TO CONFORM TO THE ADOPTED BOZEMAN CHARTER AND ADDING RULES OF PROCEDURE BE IT ORDAINED by the City Commission ofthe City ofBozeman Montana Section 1 That Chapter 2 04 ofthe Bozeman Municipal Code be amended so that Bozeman Municipal Code Chapter 2 04 shall read 2 04 010 Membership Qualifications The Commission of the City of Bozeman shall consist offWe Commissioners who shall be elected ffem the city at large in the maflller provided by Imv as provided in the Charter They shall be registered voters whose principal residence is in residents ofthe city and have the qualifications of electors 2 04 020 Election Term of Office Bond A Ofthe Commissioners elected at the special eleetion held in the city on October 1 1921 the terms of office of the two Cemmissioners ko reeeived the highest llUmber ofotes at said election shall continue to JanuM 1 1921 and until their successors shall be elected and shall qualify and the othcr of said Commissioners shall continue in his office of Commissioner until his successor shall be eleeted at the regular eleetiof for the ehoice ofCommissioners to be held Of the first Tuesday after the first Monday in November 1923 and shall qualify B All sueeeeding Commissioners shall serve for a period ef four years and until newly eleeted Commissioners assume their duties at 12 01 a m on the first Monday in January after such election Commissioners shall be elected as provided in the Charter C Every person elected Commissioner shall within ten days thereafter file with the Clerk ofthe Commission his oath ofoffice and shall execute and give sufficient bond to the city in such sum as the judge of the District Court of Gallatin County shall designate conditioned for the faithful performance ofthe duties ofhis office which bond shall be filedwith the County Clerk and Recorder of Gallatin County 2 04 030 Mayor Presides and Deputy Mavor A The Mayor shall be elected in the marner provided by the Imvs ofMontana in foree at the time he shall be elected In the event there is a vacancy in the office ofMayor for any eause other than by the expiration ofhis term of officethoremaining members ofthe Commission shall ehoose his successor for the lH1expired term from their own number The presiding officer orthe Commission shall be the Mavor During the absence ofthe Mayor the Deputy Mayor shall discharge the duties and exercise the powers and 202 authority ofthe Mayor The presiding officer shall preserve strict order and decorum at all meetings ofthe Commission and confine members in debates to the question under consideration The Mayor shall assign each Commissioner to a seat at the commission table as the Mayor deems advisable Upon passing the gavel the Mayor may move or second any item ofbusiness then before the Commission The Mayor shall state or cause to be stated every motion coming before the Commission announce the decision of the Commission on all subjects and decide all questions of order subject however to an appeal to the Commission in which event a majority vote ofthe Commission shall govern and conclusivelv determine such question oforder The Mayor shall vote on all questions with the Mayor s name being called last The Mayor shall sign all ordinances and resolutions adopted by the Commission during his presence within two days after the Commission meeting at which they were adopted In the event of the absence ofthe Mayor the Deputy Mayor shall sign ordinances or resolutions as then adopted B The Mayor shall be the presiding officer except that in his absenee a president pro tempore may be ehosen The Mayor shall eJ ereise the powers and perform all duties imposed upon him by the ordinanees of the eity and the laws ofthe state exeel3t that he shall have no power to veto any measure He shall be reeognized as the offioial head of the city for the purpose of serving eivil proeesses and for the purposes of military law and for all eeremoniaJ purposes 2 04 040 Regular aDd Speeial Meetings OpeD ta Pahlie A On the first Monday that is not u holiday after the first day 0f January follo ving a regular munieipal eleetion the Commission shall meet at the usual plaee for holding its meetings Thereafter the City Commission shall meet at such place day and hour as may from time to time be fixed by rosolution of the Commission Absellee of any Commissioner from five e0Bseeutive regular meetings ofthe Commission shall be effective to acute the office ofsueh Commissioner ooless such absenee is authorized by the Commission by order entered in the minutes Regular Meetings 1 The City Commission shall hold its regular meetings on the first four Mondays ofevery month The City Commission mav hold a regular meeting on the fifth Monday of the month The Commission shall meet in regular session from 6 00 p m to no later than 11 00 p m in the Community Room Gallatin County Courthouse 311 West Main Street Bozeman Montana However when the day affixed for anyregular meeting ofthe Commission falls upon aday designated by law as a legal or national holiday such meeting shall be held at the same hour on the next succeeding dav not a holiday If the Community Room is unavailable the Commission shall meet in the City Commission Meeting Room City Hall 411 East Main Street Bozeman Montana 2 The time of the meeting may be extended by the Mayor or a majority vote of the members of the Commission beyond the time specified above should additional matters remain on the Commission docket or agenda 3 Any meeting ofihe Commission may be adjourned to alater date and time provided that no adjournment shall be for a longer period than until the next regular meeting B Public Hearings 1 Public hearings shall be held in the Community Room of the Gallatin County Courthouse located at 311 West Main Street Bozeman Montana or in an alternative location as duly noticed to the public 203 2 Any hearing may be rescheduled or adjourned to a later date and time C Work sessions 1 Work sessions shall be held in the Community Room in the Gallatin County Courthouse located at 311 West Main Street Bozeman Montana or in an alternative location as duly noticed to the public 2 The Commission Work Sessions shall be scheduled as needed Work sessions are to review forthcoming programs of the City receive prolfress reports on current programs or projects view sites or community projects of interest or receive other similar information from the City ManaerAll discussions and conclusions thereon shall be informal and no formal action may be taken Work sessions provide an informal setting for discussion oftopics for which no formal action is immediately required At the Commission s discretion public comment may be received during the work session 3 The Commission is not bound by Robert s Rules of Order during work sessions D Optional Concept Reviews The Commission may at the request of a landowner developer or other interested party considering submittal of a development application conduct a concept review Concept review is an initial informal exchange of ideas The Commission s decision on any formal application will be based on stafffindings the applicable criteria applicant presentation evidence submitted and public testimony Formal public comment will be received during review of a formal application however the Commission may at its discretion accept questions and written comment from the public durinthe concept reviews The Commission is not bound by Robert s Rules of Order during concept reVIews E Optional Post Mortem Reviews Post mortem review is a review by the Commission of a previous decision Following action on any matter the Commission may request apost mortem review to be scheduled at the next work session to determine if revisions to code provisions or other procedural changes are needed to address concerns raised during consideration ofthe particular agenda item The Commission is not bound by Robert s Rules ofOrder during optional post mortem reviews F Policy Meetings The Commission may hold a policy meetinonthe second and fourth Thursday ofthe month The policy meetings shall be held in the City Commission Meeting Room City Hall 411 East Main Street Bozeman Montana from 12 30 P M to 2 00 P M or other time designated bv Commission Policy meetings provide an informal setting for discussion ofpolicy issues for which no formal action is immediatelv required At the Commission s discretion public comment mav be received during the policy meeting The Commission is not bound by Robert s Rules ofOrder during policy sessions 0 The Commissioner aeting as Mayor any twe three members ofthe Commission or the City Manager may call special meetings of the Commission upon at least twelve hours written notice to each member of the Commission personally served on each member or left at his usual place of residence In the event oflocal emergencv proclamation or disaster declaration made pursuant to state law the Mayor any three members ofthe Commission or the City Manager may call special meetings ofthe Commission with less than twelve hours written notice to each member ofthe Commission personally served on each member or left at his usual place ofresidence 204 H All meetings ofthe Commission shall be public and any citizen shall have access to the minutes and records thereof atall reasonable times The Commission shall determine its own roles and order of business and shall keep ajournal of its proceedings 2 04 050 Voting Three Commissioners shall constitute a quorum and the affirmative vote ofthree Commissioners shall be necessary to adopt or reject any motion resolution or ordinance or pass any measure unless a greater number is provided for by law Upon every vote the ayes and nays shall be called and recorded 2 04 060 City Clerk of the Commission The Commission shall ehoose a elerk and sueh otber offieers and employees of its 0 Vfl body as are neeessary The 9Y clerk shall bo known as the Clerk ofthe Commission and shall keep the j oumal ofthe proceedings of the Commission and all files and records including the record of all ordinances and resolutions and perform such other duties as may be required ofhim by ordinance or resolution or order of the Commission and he shall be the custodian ofthe corporate seal of the city 2 04 070 Salaries for Mayor and Commissioners The salary of each Commissioner shall be established by ordinance and the salary of the Commissioner acting as Mayor shall be one and one halftimes that ofthe other Commissioners 2 04 080 Powers and Duties The Commission shall constitute the governing body with power to make and pass all bylaws ordinances orders and resolutions not repugnant to the Constitution ofthe United States or ofthe State of Montana to the Charter or to the provisions of Title 7 of Montana Code Annotated necessary for the government or management ofthe affairs ofthe city for execution ofthe powers vested in the corporate and to carry into effect the provisions of Title 7 of Montana Code Annotated and to appoint a chief administrative officer to be known as the City Manager and to exercise all the powers conferred on it by Title 7 Chapter 3 Part J l of Montana Code Annotated as amended and shall have all the powers conferred by law upon City Councils insofar as the same is not inconsistent with said part 2 04 090 Ordinances and Resolutions Requirements A Each proposed ordinance or resolution shall be introduced in writing and shall not contain more than one comprehensive subject which shall be clearly stated in its title except ordinances for the codification and revision of ordinances and general appropriation ordinances which may contain the various subjects and accounts for which monies are to be appropriated An ordinance must be adopted at two meetings ofthe governing body not less than twelve days apart After the first adoption and reading it must be posted and copies made available to the public Every ordinance or resolution passed by the Commission shall be filed immediately with the Clerk of the Commission The enacting clause ofall ordinances passed by the City Commission shall be Be it ordained by the City Commission of the City of Bozeman B No ordinance unless it is declared an emergency shall be passed uponthe day on which 205 it sha1l be introduced unless so ordered by an affirmative vote offour fifths of the members of the Commission All ordinances shall be in effect from and after thirty days from the date oftheir passage by the Commission except as otherwise provided by law All resolutions are immediately effective unless a delayed effective date is specified in the resolution C The Commission may by an affirmative vote of four fifths of its members pass emergency measures to take effect atthe time indicated therein An emergency measure is an ordinance or resolution for the immediate preservation ofthe public peace property health or safety orproviding for the usual daily operation ofa municipal department in which the emergency is set forth and defined in a preamble thereto D Every ordinance or resolution passed by the Commission shall be authenticated by the signatures ofthe Mayor or two Commissioners and the City Clerk ofthe Commission and recorded in a book kept for that purpose The number ftfld title If every ordinftflee or resolutiln shall be published once within ten days after its final passage in a daily newspaper of general circulation in the city E After aresolution is adopted an ordinance is provisionally adopted passed on first readin or finally adopted the City Clerk shall post the resolution or ordinance in a conspicuous place in the Municipal Buildin411East Main Street Bozeman Montana 2 04 100 Farm ae Caveroment Effed af Other Laws Robert s Rules of Order 11 ordinanees and seetions or parts of ordinftflees insofar as they are in eonfliet with or ineonsistent with the provisions of Chapter 152 of the ets oftae Fifteenth Legislative Assembly of the State relating to the Commission Manager plan or form of government are hereby repealed but nothing herein contained shall be construed to repeal or in any vay affeet any ordinanee Ifthe city relating to the administration of the affairs of the eity except inslfar as the same may not be applicable Uflder said Commission Manager plan or form of gOlemment and with the provisions of this title whieh are intended to earry said form of government into effeet All meetings and hearings shall be conducted in accordance with Robert s Rules of Order revised unless otherwise provided by statute specifically provide herein or declared not applicable by mayor and agreed to by a maiority ofthe commission 2 04 110 Ae enda A All reports communications ordinances resolutions contract documents orother matters to be submitted to the Commission shall be submitted to the City Clerk by 5 00 P M on the Wednesday immediately preceding the next scheduled Commission meeting provided however that the City Manager may approve late submittals deemed to be in the City s best interest The City Clerk the Mayor and the City Manager shall arrange a list of such matters according to the order ofbusiness specified herein and furnish each member ofthe Commission City Manager and City Attorney with a copy ofthe agenda and packet of information prior to the Commission meeting on the Thursday immediately preceding the next scheduled Commission meeting Copies ofthe agenda shall be available from the City Clerk and one copy shall be posted at the designated posting board in the Municipal Building for public viewing Pursuant to Section 7 1 4135 MCA the City Commission designates as its official posting place the posting board in the lobby ofthe Municipal Building located at 411 East Main Street Bozeman Montana B The Citv Manager shall orepare the Commission regular meeting agenda which shall be in substantially the following form 206 1 Pledge of Allegiance and Moment of Silence 2 Public Service Announcement 3 Approval of Minutes 4 Consent items consent items are those which staff considers no discussion is necessary including resolutions However at the beginning ofeach meeting anv Commissioner may request item s be removed from the consent agenda for the purpose ofdiscussion 5 Public comment 6 Special Presentations 7 Action items 8 FYI Discussion 9 Adiournment NOTE Items not on the agenda may be discussed at the discretion of the Commission but NO action may be taken until formally placed upon an upcoming meeting s agenda EXCEPTION Order may be adiusted by Commission consent 2 04 120 OPEN MEETINGS AND EMAIL A Except for properly called executive sessions as permitted by state law all meetings ofthe City Commission shall be open to the public and media freely subiect to recording by radio television and photography at any time provided that such arrangements do not interfere with the orderly conduct of the meetings B A maiority ofthe Commission shall not conduct synchronized email discussions involving amatter over which the Commission has supervision control iurisdiction or advisory power Synchronized email discussions are email exchanges among three or more Commissioners within minutes of each other that create the quality ofsimultaneity similar to instant messag ing or chat room discussions Such discussions are characterized as an active exchange of information rather than the passive receipt of information An example of synchronized email discussion would be three Commissioners sitting at their computers and instantlv exchanging emails concerning City Business whereas apassive receipt of information is where a Commissioner receives an email and responds in the normal course of time similar to responding by letter received in the mail The Commission shall not view emails or other electronic communication mechanisms concerning anymatter on the agenda during a City Commission meeting unless the submission is part ofa specificallv approved and adopted electronic public testimony program Electronic communication mechanisms include text messaging or any other emerging technology that violates the spirit of open meeting laws This does not preclude viewing emails Of electronic communication mechanisms that were received prior to the Commission meeting Emails received by City Commissioners concerning an agenda item shall be retained in accordance with the City s retention policy or be forwarded to the City Clerk 2 04 130 CALL TO ORDER The Mayor or in hislher absence the Deputy Mayor shall take the chair precisely at the hour appointed for the meeting and shall immediately call the Commission to order Inthe absence ofthe Mayor or Deputy Mayor the City Clerk shall call the Commission to order whereupon a temporary chair shall be 207 elected bv the members ofthe Commission present Upon the arrival ofthe Mavor or Deputy Mayor the tcmporary chair shall relinquish the chair upon the conclusion of the alenda item immediatelv pendinl before the Commission 2 04 140 LISTING OF ATTENDANCE The City Clerk shall enter the names ofthose Commissioners present in the minutes 2 04 150 OUORUM AND VOTING A quorum shall consist ofthree Commissioners If a quorum is not present those in attendance shall be named and shall adjourn to a later time The City Clerk shall reduce motions to writing and upon request the motion shall be read prior to the vote The affirmative vote ofthree Commissioners shall be necessary to adopt any motion resolution or ordinance or pass any measure unless agreater number may be required by law Upon every vote the ayes and navs shall be called and recorded 2 04 160 MINUTES Minutes of all meetinl s shall be recorded Minutes shall be approved by the Commission It shall not be necessary to formally read the minutes prior to approval Such minutes may be revised by the City Clerk to correct spelling numbering and other such technical defects Prior to approvaL any Commissioner may throul h the Mayor or the Clerk request the privilege of amending or correcting the minutes to accuratelv reflect the substance ofthe prior meeting If objection is made by any Commission member to such amendment or correction amajority vote ofthe Commission shall be necessary for adoption ofthe correction or amendment 2 04 170 RULES OF DEBATE A Every Commissioner desiring to speak shall address the Chair and upon recognition by the presiding officer shall confine discussion to the question under debate avoiding all personalities and indecorous language B A Commissioner oncerecognized shall not be interrupted when speaking unless it isto be called to order or as herein otherwise provided If aCommissioner while speaking is calledto order the Commissioner shall cease speaking until the question of order be determined and if in order the Commissioner shall be permitted to proceed C Order of rotation in matters of debate or discussion shall be at the discretion of the Mayor D 1 A motion to reconsider any action taken by the Commission must be made on the dav such action wastaken It must be made either immediately during the same session or at arecessed and reconvened session thereof Such motion shall be made by one of the prevailing side but may be seconded by any Commissioner and may be made at any time and have precedence over all other motions or while a Commissioner has the floor It shall be debatable 208 2 Nothing herein shall be construed to prevent anyCommissioner from making or remaking the same or any other motion at a subsequent meeting of the Commission but the matter must be an agenda item E Any Commissioner who has a conflict of interest as defined by the Code of Ethics previously adopted or as may be amended by the City Commission or as established by the laws ofthe State ofMontana or as advised by the City Attorney shall notparticipate in the debate nor vote in that matter Any Commissioner attempting to so participate may be censured by a maiority vote ofthe remaining members of the City Commission Censured is defined as aformal resolution ofthe legislative body reprimanding a member for specified conduct An official reprimand or condemnation F After amotion duly made and seconded by the Commission noperson shall address the Commission without first securing the permission of the Chair 2 04 180 ORDER OF PRESENTATION AND PUBLIC PARTICIPATION IN REGULAR MEETINGS A The procedure in which items are presented to the Commission shall be as follows 1 The City Manager or designee shall present the agenda item to the Commission 2 The City Staff may present a background report on the matter for discussion If the agenda item is a public hearing the public hearing will be opened prior to staff presentation 3 Comments from the applicant or his agent shall be heard by the Commission The applicant s presentationtestimony is limited to ten 10 minutes 4 After being recognized by the Chair a Commissioner may direct questions to the staff or applicant 5 Members of the audience or their agent may be invited to present testimony or other evidence To be recognized each person desiring to give testimony shall step to the lectern and after being recognized give his or her name and address before testifying commenting or presenting other evidence The audience presentationtestimony is limited to three 3 minutes per speaker 6 After being recognized by the Chair a Commissioner may direct questions to any person so testifying for purposes of clarification 7 Following public comment the applicant and staff shall be given the opportunity to comment on any testimony or other evidence 8 That following staff comment the applicant will be given the opportunity to rebut or comment on any testimony or other evidence The applicant s comments and rebuttal is limited to five 5 minutes 209 9 The Mavor may lengthen or shorten anv ofthe aforementioned time limits provided the change in time limits is announced prior to applicant s presentation 10 After being recognized bv the Chair a Commissioner mav direct questions limited to the rebuttal testimonv and evidence 11 The City Clerk shall read into the record or provide the Commission a copy of all correspondence that has been received but was not vet provided to the Commission 12 The Commission mav continue the discussion to adate certain close discussion and vote on the matter or close the discussion and continue the vote to a date certain 13 The Commission upon the request ofa Commissioner who is to be absent from a meeting at which a public hearing on a particular item of interest is scheduled shall reschedule the public hearing until a full Commission is present unless precluded from doing so due to statutory time constraints B All testimony and evidence shall be directed to the Chair No person other than a Commissioner and the person recognized as having the floor shall be permitted to enter into the discussion No questions shall be asked ofa Commissioner except through the presiding officer C The Commission mav ask staff for its recommendation D In the event the applicant does not appear at the scheduled time and place unless the applicant has waived his or her appearance in writing and which waiver has been accepted by the Commission or unless the matter is submitted as a consent item the matter mav be continued to the next regular meeting public hearing date or other date certain E For all public hearings involving land use and annexation decisions the Commission will wait aminimum ofone week before making a decision whenever requested by a member ofthe Commission unless a decision is required due to a statute ordinance or other law F Commissioners are urged to state the reasons for their decisions particularlv on land use issues the record must reflect reasons for all decisions involving zoning variances G Witnesses mav be required to testify under oath H The Commission shall not be bound by the strict rules of evidence but mav exclude irrelevant immaterial incompetent or unduly repetitious testimony or evidence L The Chair shall rule on all questions relating to the admissibility ofevidence with advice from the City Attornev which ruling may be overruled bv a maiority vote ofthe Commission 210 J A public hearing which hasbeen formally closed for all public input may not be reopened and no additional evidence or testimony from the public shall be received or considered If additional information is required from the public before a decision can be made the Commission upon motion duly made seconded and passed may call for an additional public hearing which hearing shall be duly noticed specifying date time place and subject matter ofhearing This paragraph does not preclude the Commission after the public hearing from asking questions of staff receiving additional evidence from staff or after a hearing held on a preliminary plat pursuant to Section 76 3 605 M CA from consulting the subdivider about conditions or other mitigation required ofthe subdivider If the motion is made to reopen the public hearing prior to close ofthe agenda item in which the hearing was closed the requirement to provide public notice docs not apply the public hearing may be reopened and the additional input provided prior to moving to the next agenda item K Except as provide in Section 2 04 170E a Commissioner has a duty to cast a vote 2 04 190 DECORUM A While the Commission is in a session the Commissioners must preserve order and decorum and aCommissioner shall neither by conversation or otherwise delay or interrupt the proceedings or the peace ofthe Commission nor disturb any member while speaking or refuse to obey the orders ofthe Commission or its presiding officer B Any person making personal impertinent or slanderous remarks or who shall become boisterous while addressing the Commission shall be forthwith barred from further audience with the Commission by the presiding officer unless permission to continue be granted by a majority vote of the Commission C The Commission shall not debate in a heated or argumentative manner with amember of the public presenting testimony durin2 a public hearing or regular meeting D Speakers shall only address the agenda item before the Commission Any person speaking on an agenda item not before the Commission shall be called out oforder 2 04 200 BOARDS COMMISSIONS AND COMMITTEES A In addition to boards and commissions established by Statute the Commission may create boards commissions or committees as determined necessary B All City boards commissions or committees will be established by the City Commission and members appointed following a public solicitation through the newspaper advertised not less than twice annually Between public solicitations for members appointments may be made to fill unexpected vacancies or vacancies not filled through the last round ofadvertisements from those applications on file as ofthe date of appointment Subcommittees of existing boards commissions or committees may be appointed by the City Commission without the necessity ofpublic solicitation Members shall be appointed by amajority of the Commission for all appointments made by the City Commission C For those new boards where initial appointments have been made for one year or less to create staggered terms preference shall be given to reappointment ofthe incumbent In the case of statutorily authorized mayoral appointments the Mayor shall seek the concurrence of at least two other 211 Commissioners Section 2 Repealer All resolutions ordinances and sections of the Bozeman Municipal Code and parts thereof in conflict herewith are hereby repealed Section 3 Savines 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 ofthis ordinance Section 4 Severability If any portion of this ordinance or the application thereofto any person or circumstances is held invalid such invalidity shall not affect other provisions ofthis ordinance which may be given effect without the invalid provisions or application and to this end the provisions of this ordinance are declared to be severable Section 5 Effective Date This ordinance shall be in full force and effect thirty 30 days after final adoption PASSED by the City Commission ofthe City ofBozeman Montana on first reading at a regular session thereofheld on the 13lh day ofNovember 2007 pLJRAUSS ayor ATTEST City Clerk 11212 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 3rd day of December 2007 ATTEST 1ltJREKUSS or 12213 ORDINANCE NO 1737 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN MONTANA PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING SECTION 2 04 040F OF SAID CODE PROVIDING FOR THE SETTING OF TIME AND LOCATION FOR POLICY MEETINGS BY RESOLUTION BE IT ORDAINED by the City Commission ofthe City ofBozeman Montana Section 1 That Section 2 04 040F ofthe Bozeman Municipal Code be amended so that Bozeman Municipal Code Section 2 04 040F shall read F Policy Meetings The Cmnmissicm may bold apolier meeting on the second and fourth Thursday onae month The policy meetings shall be held in the City Commission Meeting Room City Hall 111 East Main Street Bozeman MoRtana from 12 30 P M to 2 00 P M or other time designated by Commission The Commission may periodically hold Policy Meetings The frequency time and location of such will be determined by the Commission as set forth in resolution Policy meetings provide an informal setting for discussion of policy issues for which no formal action is immediately requiredi At the Commission s discretion public comment may be received during the policy meeting The Commission is not bound by Robert s Rules of Order during policy sessions Section 2 Repealer All resolutions ordinances and sections of the Bozeman Municipal Code and parts thereof in conflict herewith are hereby repealed Section 3 Savines 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 ofthis ordinance Section 4 Severability If any portion of this ordinance or the application thereofto any person or circumstances is held invalid such invalidity shall not affect other provisions ofthis ordinance which may be given effect without the invalid provisions or application and to this end the provisions of this ordinance are declared to be severable 1214 Section 5 Effective Date This ordinance shall be in full force and effect thirty 30 days after final adoption PASSED by the City Commission ofthe City ofBozeman Montana on first reading at a regular session thereofheld on the 14th day of January 2008 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 28th day of January 2008 Mayor ATTEST City Cler 2215 COMMISSION RESOLUTION NO 4105 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN MONTANA SETTING THE TIME AND DAY OF THE POLICY MEETINGS OF THE CITY COMMISSION OF THE CITY OF BOZEMAN WHEREAS Ordinance No 1727 wasadopted on the 26 day ofNovember 2007 setting the policy meetings of the City Commission from 1230 pm2 pmon the second and fourth Thursday ofthe manth to provide an informal setting fnr discussion ofpolicy issues for which no formal action is immediately required and WHEREAS Ordinance No 1737 wasadopted on the 28 day ofJanuary 2008 amending Ordinance No 1727 stating that the Commission may periodically hold policy meetings and that the frequency time and location of such will be determined by the Commission as set forth in resolution and WHEREAS at its meeting held on the 14 day of January 2008 the Commissioners expressed a desire to establish the time for its policy meetings from noon130pm and to establish the meetings days as the second and fourth Wednesdays of the month and WHEREAS at its meeting held on the 12t day of May 2008 the Commissioners expressed a desire to reestablish a new time and day for its policy meetings and WHEREAS at its policy meeting held on the 14t day of May 2008 the Commissioners expressed a desire to establish the time for its policy meeting from noon130pmand to establish the meeting day as the first Thursday ofeach month NOW THEREFORE BE IT RESOLVED by the City Commission of the City of Bozeman Montana That the time for the policy meeting of the City Commission will be on the first Thursday ofeach month from noon130prn to provide an informal setting far discussion ofpolicy issues for which no formal action is immediately required This new start time and day shall be effective June 5 2008 PASSED AND ADOPTED by the City Commission ofthe City ofBozeman Montana at a regular session thereof held on the 19 day of May 2008 Q KAAREN JAC SON Mayor 216 ATTEST STACY MEli City Clerk AFPROVED AS TO FORM PAUL J L City Attqr 217 ORDINANCE NO 1738 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN MONTANA PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING SECTION 2 04 040A OF SAID CODE PROVIDING FOR THE ENDING TIME OF REGULAR MEETINGS TO BE 10 00 P M UNLESS OTHERWISE EXTENDED BE IT ORDAINED by the City Commission of the City of Bozeman Montana Section 1 That Section 2 04 040A ofthe Bozeman Municipal Code be amended so that Bozeman Municipal Code Section 2 04 040A shall read 2 04 040 Meetings A Regular Meetings 1 The City Commission shall hold its regular meetings on the first four Mondays ofevery month The City Commission may hold a regular meeting on the fifth 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 Community Room Gallatin County Courthouse 311 West Main Street Boze an Montana However when the day affixed for any regular meeting ofthe Commission falls upon a day designated by law as a legal or national holiday such meeting shall be held at the same hour on the n t succeeding day not a holiday If the Community Room is unavailable the Commission shall meet in the City Commission Meeting Room City Hall 411 East Main Street Bozeman Montana 2 The time of the meeting may be extended by the Mayor or a majority vote of the members of the Commission beyond the time specified above should additionalfuatters remain on the Commission docket or agenda 3 Any meeting ofthe 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 meeting Section 2 Repealer All resolutions ordinances and sections of the Bozeman Municipal Code and parts thereof in conflict herewith are hereby repealed Section 3 Savines Provision JThis ordinance does not affect the rights and duties that matuna penalties that were incurred or proceedings that were begun before the effective date ofthis ordinance Section 4 Severability 218 If any portion of this ordinance or the application thereof to any person or circumstances is held invalid such invalidity shall not affect other provisions ofthis ordinance which may be given effect without the invalid provisions or application and to this end the provisions of this ordinance are declared to be severable Section 5 Effective Date This ordinance shall be in full force and effect thirty 30 days after final adoption PASSED by the City Commission ofthe City ofBozeman Montana on first reading at aregular session thereofheld on the 22nd day of January 2008 J n KAAREN JACO ON Mayor ATTEST STA Clty Clerk 7 PASSED ADOPTED AND APPROVED by the City Commission of the City of Bozeman Montana on second reading at a regular session thereofheld on the 4th day of February 2008 KAAREN JACOB N Mayor ATTEST STA City Clerk 2219 3220