HomeMy WebLinkAboutApprove Resolution No. 4150, Establishing the Use and Fees of the City Commission room
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Stacy Ulmen, City Clerk Chris A. Kukulski, City Manager
SUBJECT: Resolution No. 4150, Establishing the Use and Fees of the City
Commission Room MEETING DATE: March 23, 2009
RECOMMENDATION: Approve Resolution No. 4150, Establishing the Use and Fees of the
City Commission Room as set out in Exhibit A “City of Bozeman Policy Regarding the Use of the City Commission Room”.
BACKGROUND: The City Manager’s office has been contacted on numerous occasions for booking
of the City Commission Room. This policy has been put together to set out the fees and the use of the
City Commission Room. The County’s policy was obtained and used as reference as well as input from various City departments. It was determined that costs to the City need to be recovered and that the users should be directly related to City Government. A priority list was determined listing these entities.
ALTERNATIVES: As suggested by the City Commission.
UNRESOLVED ISSUES: None.
FISCAL EFFECTS: Funds will be deposited into the General Fund and will help to cover costs
associated with the use of the City Commission Room.
Respectfully submitted,
__________________________________ ___________________________________
Stacy Ulmen, City Clerk Chris A. Kukulski, City Manager
Attachments:
Resolution No. 4150 including attachment A. “City of Bozeman Policy Regarding the Use
of the City Commission Room” Attorney’s preliminary notes regarding public forum (Written for the library room use but applies to the City Commission Room)
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COMMISSION RESOLUTION NO. 4150
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, ESTABLISHING THE USE AND FEES OF THE CITY COMMISSION ROOM LOCATED IN THE CITY OF BOZEMAN CITY HALL
WHEREAS, the City Commission wants to allow the use of the Bozeman City
Commission Room to offices, departments and boards of the City of Bozeman, as well as
the manner in which this location will be made available to other entities, including other
local governments and local non-profit agencies associated with City Government, and
WHEREAS, the City Commission wants to establish fees for use of the City
Commission Room and set forth certain limitations and responsibilities for using the City
Commission Room, and
WHEREAS, the best method to accomplish all of this is to establish a policy for
use of the City Commission Room,
NOW, THEREFORE, BE IT RESOLVED, and it is hereby ordered by the
Commission of the City of Bozeman, State of Montana:
That the “City of Bozeman Policy Regarding the Use of the City Commission Room” is
adopted and attached as Exhibit “A” which is, by this reference, expressly incorporated
herein.
Section 1
That this Resolution shall be in full force and effect upon its adoption and approval as
provided by law.
Section 2
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PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana at
a regular session thereof held on the 23rd
day of March, 2009.
__________________________________
KAAREN JACOBSON Mayor
ATTEST:
_______________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
________________________________
TIM COOPER Assistant City Attorney
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1
Exhibit A
City of Bozeman Policy Regarding the Use of the City
Commission Room
This Policy establishes the manner in which the City Commission Room will be available to offices, departments and boards of the City of Bozeman, as well as the manner in which this
location will be made available to other entities, including other local governments, and local
non-profit agencies. This Policy also establishes fees for use of the City Commission Room
and sets forth certain limitations and responsibilities for using the City Commission Room.
This Policy applies to the City Commission Room-Main Floor-Seating capacity 105
1. The City Commission Room is primarily for the use of offices, departments and boards
of the City of Bozeman and all such offices, departments and boards shall have first
priority for use of the City Commission Room. However, this room is available for use by other entities based on availability and the following priority list:
a. City Government (Offices/Departments/Boards);
b. Other Local Governments (e.g. Gallatin County);
c. State Government, including university system; d. Non-Profit Agencies associated with City Government; and then
e. Non-Profit Agencies that are considered by the City Manager to benefit local
government.
2. Written requests for use of the City Commission Room will be based first on the above priority list and then on a basis of “first come – first served.” Once a meeting is
scheduled, changes may occur only as scheduling allows and then, only if an emergency
situation is identified. In case of a complete cancellation, please notify Karen Semerau at
582-2306 or ksemerau@bozeman.net.
3. Any non-City entity requesting the use of the Commission Room shall provide written
proof of adequate liability insurance ($1,500,000)
naming the City as co-insured.
Approval of insurance limits below the above must be made by the City Manager prior to
scheduling of a meeting. Proof of insurance must be made available to the City
Commission’s staff prior to the holding of the meeting.
4. Written requests must be made using the form that is made a part of this policy by
reference.
99
Bozeman City Commission Room Use Policy
2
5. Costs associated with Commission Room use: (A deposit is required. See #8)
a. Day meetings: 7 am -5 pm, Monday through Friday:
i. City Government – no cost
Set up is the user’s
responsibility.
ii. Other Local Governments – $25/ 1st hour; then $15/ hour thereafter.
iii. State Government, including university system – fee established at $35/1st
hour; then $25/ hour thereafter.
iv. Non-Profit Agencies associated with City Government $35/ 1st hour; then
$25/ hour thereafter. v. Non-Profit Agencies that are considered by the City Manager to
benefit local government $45/ 1st
b. Night meetings: 5 pm – 11 pm, Monday through Thursday:
hour; then $35/ hour thereafter.
Set up is the
user’s responsibility.i. City Government – no cost (For security purposes, all meetings must cease by 11:00 P.M).
ii. Other Local Governments – $35/ 1st
iii. State Government, including university system – $45 / 1
hour; then $25/ hour thereafter. st
iv. Non-Profit Agencies associated with City Government $45/ 1
hour; then $35/
hour thereafter. st
v. Non-Profit Agencies that are considered by the City Manager to benefit
local government $55/ 1
hour; then $35/ hour thereafter.
st
hour; then $45/ hour thereafter.
6. Overhead Projector – the Commission Room has an overhead projector tied to the front podium. Operating and replacement costs for this equipment will be charged at the rate
of $30 per meeting. Only those authorized and agreeing to pay the costs will be given
access to the system.
7. Televised proceedings – if an entity desires to have their meeting televised they must make all arrangements with Bresnan Communications. The City is not responsible for
these discussions and does not require Bresnan to provide access.
8. A deposit is required at 1 ½ times the total rate. If the Commission room is not left in
a condition consistent with reasonable use an additional fee may be assessed and future use limited or denied. IF A USER FAILS TO TURN OFF ALL EQUIPMENT AND
LIGHTS, THE USER WILL BE ASSESSED A $500 UTILITY CHARGE IN
ADDITION TO ALL OTHER COSTS. (No exceptions). If the meeting room is left in
good condition, the deposit will be refunded.
9. For those that are using the building after hours, a key will be checked out through
meeting room coordinator Karen Semerau in Administration for access to the building.
Keys must be returned by 4 p.m. of the next business day.
FAILURE TO RETURN
THE KEY WILL RESULT IN THE USER BEING RESPONSIBLE FOR THE
COST OF RE-KEYING THE BUILDING.
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Bozeman City Commission Room Use Policy
3
10. The participating entity, by signing the attached Commission Room Use Form and by
agreeing to abide by the Policy, waives any and all claims and recourse against the City,
its officers, agents or employees, including the right of contribution for loss or damage to
person or property arising from, growing out of, or in any way connected with, or
incident to the use of any such room for any purpose except claims arising from the intentional acts or concurrent or sole negligence of the City or its officers, agents, or
employees.
The participating entity will indemnify, hold harmless, and defend the City and its agents,
principals, and employees from and against any and all claims, demands, damages, costs, expenses, losses, liability (including liability where activity is inherently or intrinsically
dangerous), judgments, defense expenses, and attorney’s fees rising out of or resulting
from the action of any member attending any such event, meeting or activity or the
participating entity’s wrongful acts, errors, omissions, or negligence, or from the
participating entity’s failure to comply with the requirements of this Policy or with all federal, state and local law applicable to the performance of this Policy. In the event of an
action filed against the City resulting from the participating entity’s performance under
this Policy, the City may elect to represent itself and incur all costs and expenses of suit.
.
101
Bozeman City Commission Room Use Policy
4
Commission Room Use Form
Requests for use of the City Commission Room are to be sent to the City Administration Office a
minimum of 48 hours prior to any meeting. No meeting is approved until the City Administration Office approves the request.
o Utilization will be first based on the City priority list incorporated into the City Space Utilization Policy, and secondly on a first come first served basis. o Proof of Insurance is required prior to the date of utilization. o All lines and questions on the form must be completed.
Name of Organization: _____________________________________
Address: _____________________________________
_____________________________________
City, State, Zip Code __________________ ______ _______
Contact Person / Phone: _____________________________ 406-__________
2nd
Request: Weekly BiWeekly/Bi monthly Monthly Other
DATES: __________________ to ______________________
TIMES: __________________ to ______________________
Type of Organization:
Contact Person/phone: _____________________________ 406-__________
City Government
Other Local Governments
State Government, including university system
Non-Profit Agencies with ties to City Government
Non-Profit Agencies that benefit local government
Insurance Information: Carrier: _______________________________ Agent: _______________________________
Coverage: $1,500,000
City Named as co-insured YES
Proof of Insurance Received YES
SIGNED BY: _____________________________ Chief Executive ______________________ (Printed Name) TITLE: __________________________ Date: ___________________
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Bozeman City Commission Room Use Policy
5
CITY COMMISSION ROOM CHECKLIST
Along with the City Commission Room Use Form please make sure that when finished to review the checklist for proper closing of the City Commission Room so that it will be ready for use for
the next meeting.
1. All lights should be turned off in the Commission Room
2. Area is clean and any debris removed from in Rooms and Corridors
3. Chairs are neatly arranged. 4. Coffee pots or any electrical appliances are unplugged.
5. Projector Turned Off.
6. Any equipment that is used placed back in their proper case or area.
7. Responsible party is to verify everyone is out of the building prior to leaving.
8. The Commission Room door and all Exterior doors to the building are locked. 9. If any problems are noted, or you have difficulty in locking up the building, the Police Dispatch should
be notified prior to leaving the building. Call Dispatch at 582-2000 @ ext. 2 for any other Emergency.
10. Hours Room Used Start ______ Leave ______ 11. Hours Projector Used Start ______ Leave ______
Organization/Entity_______________________________ Signed_________________________________________
Print Name______________________________________
Date____________________________________________
Comments:____________________________________________________________________________
______________________________________________________________________________________ ______________________________________________________________________________________
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file:////laserfiche/...2023,%202009/City%20Commission%20Room%20Use%20Policy/preliminary%20notes%20re%20public%20forum.txt[3/18/2009 11:35:12 AM]
From: Tim Cooper
Sent: Thursday, January 22, 2009 4:49 PMTo: Alice Meister
Subject: preliminary notes re public forum
As a general rule, government ownership of property does not automatically open that property to the public. The extent to which a government may control access to government property turns on the nature of the forum.
There are three types of fora: the traditional public forum, the designated or limited public forum, and the nonpublic forum. Traditional public fora are those places which "by long tradition or by government fiat have been
devoted to assembly and debate."
Publicly owned and operated property and facilities may not be public forums unless they are historically so, or are opened by government to use for public expression.
The right to a public forum for expression of ideas is fundamental to a democracy. However, the existence of a
right of access to public property for the purpose of speaking there and the standard by which limitations on that right must be evaluated differ depending on the character of the property.
Facilities are not public forums by reason alone of public ownership and support by tax money, or by reason
alone of their appropriateness for expression, and more than frequent use by the public is necessary to make a place a public forum. Moreover, the mere physical characteristics of the property cannot dictate the result of the
forum analysis. In determining whether a place is appropriate for public speech or related activities, it must be determined whether the character of the place, the pattern of usual activity there, the nature of its essential purpose,
and the population who take advantage of the general invitation extended, make it suitable for the communication of views on issues of political and social significance. Another relevant factor is whether, by long tradition or by
government fiat, the property has been devoted to assembly and debate.
A library is a limited government forum subject to the same rules as a nonpublic forum. As a limited government forum for First Amendment purposes, a library is obligated only to permit the public to exercise rights
that are consistent with the nature of the library and consistent with the government's intent in designating the library as a public forum.
The following language is from a 20079th Circuit case (Montana’s Circuit) out of California: Faith Center
Church Evangelistic Ministries v. Glover, 480 F.3d 891 (9th Cir., 2007)
“The County's library meeting room policy allows “[n]on-profit and civic organizations, for-profit organizations, schools and governmental organizations” to use a branch Library meeting room for “meetings,
programs, or activities of educational, cultural or community interest.” Evidently, the County's purpose was to invite the community at large to participate in use of the meeting room for expressive activity. In practice, the
County has allowed a variety of community groups to hold meetings in the Antioch Library meeting room, including the Sierra Club for purposes of letter writing, Narcotics Anonymous for a recovery meeting, and the East
Contra Costa Democratic Club to “let people learn about Democratic candidates and issues.”Here, the County's policy and practices make clear that the County did not intend for the Antioch Library meeting
room to be open for indiscriminate use. The County's policy excludes schools from using the meeting room “for instructional purposes as a regular part of the curriculum” and organizations who wish to engage in “religious
services.” Finally, the policy requires an applicant to pay a fee for certain proposed uses. By charging a fee in certain circumstances, the County has demonstrated its desire to limit access to the library meeting room for certain
purposes and speakers.
The record indicates that the County has consistently applied its policy restrictions. Faith Center does not contend that the County has ever failed to screen an application or that the County has granted access to an
applicant on a non-policy basis. The nature of the forum also supports the conclusion that, although the community at large has been invited to use the room, the library meeting room was not intended to be open for
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unlimited public expression. A library is quintessentially “a place dedicated to quiet, to knowledge, and to beauty,”
where “the worthy missions of facilitating learning and cultural enrichment” are fostered, and whose “very purpose is to aid in the acquisition of knowledge through reading, writing and quiet contemplation,”
We also note that the Antioch meeting room is located within the Antioch Branch Library itself, that the
meeting room is accessible during normal operating hours when other library patrons are present, and that sound can be heard by nonparticipants. Thus, while the Library meeting room is compatible with different kinds of
expressive activity such as a group discussion or lecture, we are mindful that the forum was not intended to undermine the library's primary function as a venue for reading, writing, and quiet contemplation. The County's
policy delineating the speakers and uses appropriate for the Library meeting room, its consistent screening of applications, and its requirement of a fee in limited circumstances, underscores our conclusion that the Antioch
forum was not dedicated for indiscriminate use. We therefore hold that the Antioch Library meeting room is a limited public forum whose restrictions to access may be “based on subject matter ... so long as the distinctions
drawn are reasonable in light of the purpose served by the forum and are viewpoint neutral.”
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