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HomeMy WebLinkAboutOrdinance 09- 1757 Revising Ch. 2.04, to Conform to Adopted Charter and adding Rules of Procedure ORDINANCE NO. 1757 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 2.04 TO CONFORM TO THE ADOPTED BOZEMAN CHARTER AND ADDING RULES OF PROCEDURE. BE IT ORDAINED by the City Commission of the City of Bozeman, Montana: Section 1 That Chapter 2.04 of the 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 of Commissioners, who shall be elected as provided in the Charter. They shall be registered voters whose principal residence is in -the city and have the qualifications of electors. 2.04.020 Election Term of Office Bend A. Commissioners shall be elected as provided in the Charter. B. Every person elected Commissioner shall, within ten days thereafter, file with the City Clerk their oath of office and shall exe;ti*° and g i v e suffieient bond to th it i eh s om as thejudge of the Dist-Fie-as of Gallatin County shall designate, eenditioned t;gr- the faithful °rf mane° E)fthe ditties ,.stye,, offi°°, which beffd shall be filed with the County Clerk and Recorder of Gallatin County. 2.04.030 Mayor and Deputy Mayor A. The presiding officer of the Commission shall be the Mayor. During the absence of the Mayor, the Deputy Mayor shall discharge the duties and exercise the powers and authority of the Mayor. The presiding officer shall preserve strict order and decorum at all meetings of the 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 of business 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 of the Commission shall govern and conclusively determine such question of order. 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 of the Mayor, the Deputy Mayor shall sign ordinances or resolutions as then adopted. 2.04.040 Meetings A. Regular Meetings: 1. The City Commission shall hold its regular meetings on the first four Mondays of every 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 City Commission Room, City Hall, 121 North Rouse, Bozeman, Montana. 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 shall be held at the same hour on the next succeeding day not a holiday. if the Community Reem is anavailable, the Commission shall meet in the Gity Commission Me R ity H 411 Rant Main Street Bozema 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 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 meeting. B. Public Hearings: 1. Public hearings shall be held in the City Commission Room, City Hall, 121 North Rouse, Bozeman, Montana, or in an alternative location as duly noticed to the public. 2. Any hearing may be rescheduled or adjourned to a later date and time. C. Executive Sessions: 1. Executive Sessions may precede each meeting as required. Although each Executive Session will commence as an open public meeting, Executive Sessions will be used by the Commission solely for consideration of matters which will be discussed pursuant to 2.3.203, section 3 4 of MCA. The public will be excluded from these Executive Session discussions. If the need exists, additional Executive Sessions may be scheduled at the end of all meetings. D. Work sessions: I Work sessions shall be held in the City Commission Room, City Hall, 121 North Rouse, 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 progress reports on current programs or projects, view sites or community projects of interest, or receive other similar information from the City Manager. All discussions and conclusions thereon shall be informal and no formal action may be taken. Work sessions provide an informal setting for discussion of topics 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. E. 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 staff findings, 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 during the concept reviews. The Commission is not bound by Robert's Rules of Order during concept reviews. F. 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 a post 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 of the particular agenda item. The Commission is not bound by Robert's Rules of Order during optional postmortem reviews. G. Policy Meetings: The Commission may periodically hold Policy Meetings. The frequency, time, and location of such will be determined by the City Commission as set forth in Resolution. Policy meetings provide an informal setting for discussion of policy issues for which no formal action is immediately required. Public Comment shall be received during the Policy Meeting in a manner at the discretion of the presiding officer. eemm b r° e d .7.,.in th ri,.hey meeting. The Commission is not bound by Robert's Rules of Order during policy sessions. H. The Mayor, any two members of the 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 of an emergency situation, such as a storm, fire, explosion, community disaster, insurrection, act of God, or other potential destruction or impairment of City property that affects the health and safety of the residents, employees or the functions of the City, a meeting may be convened without notice. 1. All meetings of the Commission shall be public and any citizen shall have access to the minutes and records thereof at all reasonable times. The Commission shall determine its own roles and order of business and shall keep a journal of its proceedings. 2.04.050 Voting Three Commissioners shall constitute a quorum, and the affirmative vote of three Commissioners shall be necessary to adopt or reject any motion, resolution, or ordinance, orpass 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 The City Clerk shall keep the journal of the 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 of him by ordinance or resolution or order of the Commission, and he shall be the custodian of the 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 -half times that of the 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 of the United States or of the State of Montana, to the Charter, or to the provisions of Title 7 of Montana Code Annotated, necessary for the government or management of the affairs of the city, for execution of the 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 7, 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 of the 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 City Clerk. The enacting clause of all 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 upon the day on which it shall be introduced, unless so ordered by an affirmative vote of four -fifths of the members of the Commission. All ordinances shall be in effect from, and after, thirty days from the date of their 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 at the time indicated therein. An emergency measure is an ordinance or resolution for the immediate preservation of the public peace, property, health, or safety, or providing for the usual daily operation of a 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 signed by the Mayor or two members and filed with the Clerk within 2 days and recorded. D-.E. Every ordinance or resolution passed by the Commission shall be authenticated by the signatures of the Mayor-, Presiding Officer who shall be the Mayor or the Deputy Mayor, and the City Clerk, and recorded in a book kept for that purpose. F. After a resolution is adopted, an ordinance is provisionally adopted (passed on first reading), or finally adopted, the City Clerk shall post the resolution or ordinance in a conspicuous place in the Municipal Building, 1.21 North Rouse, Bozeman, Montana. 2.04.100 Robert's Rules of Order A. Unless otherwise specifically provided herein or provided by statute, all meetings and hearings shall be conducted in accordance with Robert's Rules of Order, revised. 2.04.110_ A2enda A. All reports, communications, ordinances, resolutions, contract documents or other 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 of business specified herein, and furnish each member of the Commission, City Manager, and City Attorney with a copy of the agenda and packet of information prior to the Commission meeting on the Thursday immediately preceding the next scheduled Commission meeting. Copies of the 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 of the Municipal Building located at 121 North Rouse, Bozeman, Montana. B. The City Manager shall prepare the Commission regular meeting agenda. The City Manager may consult with the Mayor in preparing the agenda. The Mayor or any three Commissioners may request an item be added to the agenda. The agenda which shall be in substantially the following form: 1. Executive Session (if required) 2. Pledge and Moment of Silence 3. Changes to the Agenda (if required) 4. Public Service Announcement (if required) 5. Approval of Minutes 6. Consent items (consent items are those which staff considers no discussion is necessary, including resolutions. However at the beginning of each meeting, any Commissioner may request item(s) be removed from the consent agenda for the purpose of discussion.) 7. Public comment 8. Special Presentations (if required) 9. Action items 10. FYI /Discussion 11. Adjournment 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 adjusted by Commission consent. 2.04.110 OPEN MEETINGS AND EMAIL A. Except for properly- called executive sessions as permitted by state law, all meetings of the City Commission shall be open to the public and media, freely subject 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 majority of the Commission shall not conduct synchronized email discussions involving a matter over which the Commission has supervision, control, jurisdiction, or advisory power. Synchronized email discussions are email exchanges among three or more Commissioners within minutes of each other that create the quality of simultaneity similar to instant messaging 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 instantly exchanging emails concerning City Business, whereas a passive 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 enaails or other electronic communication mechanisms concerning any matter on the agenda during a City Commission meeting unless the submission is part of a specifically 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 or 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, 2.04.120 CALL TO ORDER The Mayor, or in his /her absence, the Deputy Mayor, shall take the chair precisely at the hour appointed for the meeting, and shall immediately call the Commission to order. In the absence of the Mayor or Deputy Mayor, the City Clerk shall call the Commission to order, whereupon a temporary chair shall be elected by the members of the Commission present. Upon the arrival of the Mayor or Deputy Mayor, the temporary chair shall relinquish the chair upon the conclusion of the agenda item immediately pending before the Commission. 2,04.130 LISTING OF ATTENDANCE The City Clerk shall enter the names of those Commissioners present in the minutes. 2.04.140 QUORUM AND VOTING A quorum shall consist of three 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 of three Commissioners shall be necessary to adopt any motion, resolution or ordinance, or pass any measure unless a greater number may be required by law. Upon every vote, the ayes and nays shall be called and recorded. 2.04.150 MINUTES A. Minutes of all meetings 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, through the Mayor or the Clerk, request the privilege of r amending o correcting the minutes to accurately reflect the substance of the prior meeting. If objection is made by any Commission member to such amendment or correction, a majority vote of the Commission shall be necessary for adoption of the correction or amendment. B. Executive Session Minutes 1. Executive Session minutes shall be recorded by the City Clerk and approved in open session; provided, however that any discussion concerning the contents of the minutes, prior to approval, shall be conducted in executive session. The City Clerk will distribute the draft Executive Session Minutes to the Commission in a manner that ensures and retains confidentiality. 2. The City Clerk shall forward copies of all executive session minutes still held in confidentiality to the City Attorney. The City Attorney shall review these minutes, determining which, if any can be released to the public in whole or in part without jeopardizing the need for confidentially, and advise the City Clerk. The City Clerk shall present a resolution to the Commission for adoption releasing the executive session minutes, in whole or in part, as approved for release by the City Attorney. Those executive session minutes to be released shall be designated by subject matter. Upon adoption of the resolution, those minutes or portions of minutes approved for release shall be placed in the minute books of the City Commission and available for public inspection. 3. If a member of the public requests from the City Clerk access to executive session minutes not yet released to the public as set forth above, the requestor shall submit a Public Records Request to the City Clerk. The City Clerk shall consult with the City Attorney on the subject matter as requested. The City Attorney shall advise the City Clerk if the minutes can be released. if approved for release by the City Attorney, a resolution releasing said minutes shall be presented to the City Commission for adoption at their next regularly scheduled meeting. Upon adoption of the resolution by the City Commission, the minutes shall be released to the public. 2.04.160 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, once recognized, shall not be interrupted when speaking unless it is to be called to order, or as herein otherwise provided. If a Commissioner, while speaking is called to 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 day such action was taken. It must be made either immediately during the same session, or at a recessed 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. 2. Nothing herein shall be construed to prevent any Commissioner 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. Rthies pr-eviausly adepted or- as fliay be ameaded by the City Commission or- as established by the State of Montana or as advised by the vote i t ma t ter A Commissioner may rely upon the advice of the City Attorney as to whether the Commissioner has a conflict of interest. If the Commissioner is advised that there is a conflict of interest, the Commissioner must excuse themselves from discussion and vote except in the event of tie vote. member-s of the City Commission. F. After a motion, duly made and seconded, by the Commission, no person shall address the Commission without first securing the permission of the Chair. 2.04.170 ORDER OF PRESENTATION AND PUBLIC PARTICIPATION IN REGULAR MEETINGS A. The procedure in which items are presented to the Commission shall be as follows: I. The City Manager 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 Mayor will open the public hearing will be opened-prior to staff presentation. Upon conclusion of a staff report, Commissioners may ask questions for the purposes of understanding and clarification. 3. Comments from the applicant, or his agent, shall be heard by the Commission. The applicant's presentation /testimony 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 presentation /testimony is limited to three (3) minutes per speaker. The Presiding Officer may lengthen or shorten public testimony. b. 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 ant and staff shall be given the opportunity to comment on any testimony or other evidence. S. T4iat 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. 9. Following applicant rebuttal and any further questions, the Mayor will close the Public Hearing and bring the agenda item to the dais for discussion, motion and vote. 9.10. The N%;er-maylenoen of shorten any omits provided the ehangeintime limits is announced piior to 10. After being recognized by the Chair, a Commissioner may direct questions limited to the rebuttal testimony and evidence. 11. The City Clerk shall fead enter into the record all correspondence that has been received but was not yet provided to the Commission. 12. The Commission may continue the discussion to a date 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 of a Commissioner who is to be absent from a meeting at which a public hearing on a particular item of interest is scheduled, sh-al-1 may 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 of a Commissioner except through the presiding officer. C. The Commission may 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 may 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 a minimum of one week before making a decision whenever requested by a member of the 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, particularly on land use issues; the record must reflect reasons for all decisions involving zoning variances. G. Witnesses may be required to testify under oath. H. The Commission shall not be bound by the strict rules of evidence, but may exclude irrelevant, immaterial, incompetent or unduly repetitious testimony or evidence. 1. The Chair shall rule on all questions relating to the admissibility of evidence with advice from the City Attorney, which ruling may be overruled by a majority vote of the Commission. J. A public hearing which has been 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 of hearing. 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.C.A., from consulting the subdivider about conditions or other mitigation required of the subdivider. If the motion is made to reopen the public hearing prior to close of the agenda item in which the hearing was closed, the requirement to provide public notice does not apply; the public hearing may be reopened and the additional input provided prior to moving to the next agenda item. K. A City Commissioner has an obligation to vote unless there is a conflict of interest. In the event of a tie a Commissioner is required to vote after disclosing the conflict of interest. a 2.04.180 DECORUM A. While the Commission is in a session, the Commissioners must preserve order and decorum, and a Commissioner shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Commission nor disturb any member while speaking or refuse to obey the orders of the 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 a member of the public presenting testimony during 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 of order. 2.04.1.90 BOARDS, COMMISSIONS AND COMMITTEES A. In addition to boards and commissions established by Statute, the Commission may create boards, commissions or committees as detennined 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 of advertisements from those applications on file as of the date of appointment. Subcommittees of existing boards, commissions or committees may be appointed by the City Commission without the necessity of public solicitation. Members shall be appointed by a majority of the Commission for all appointments made by the City Commission. In the case of statutorily authorized mayoral appointments, the Mayor shall seek the concurrence of at least two other Commissioners. G Far- these new bear-dswher-e inifial appaintments have been made for- eneyear- et! less to ei:ea4e staggered tefms, pfefer-enee shall be given to reappointment- A-f- the inemffinbent. Section 2 Repealer All resolutions, ordinances and sections of the Bozeman Municipal Code and parts thereof in conflict herewith are hereby repealed. r 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. Section 4 Severabilit 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 of this 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 of the City of Bozeman, Montana, on first reading at a. regular session thereof held on the 9 day of February, 2009. AREN JAC SON Mayor ATTEST: -N? S CY N, C C City Cler i I -13- I PASSED, ADOPTED AND FINALLY APPROVED by the City Commission ofthe City of Bozeman, Montana, on second reading at a regular session thereof held on the 23' day of February, 2009. k k KAAREN JA BSON Mayor ATTEST: 2 q ti I )I 6. mie A STA U MEN, MC City Clerk APPROVED AS TO FORM: T ROB RT J. PLANALP Interim City Attorney -14-