HomeMy WebLinkAboutFinally Adopt Ordinance No.1784, Providing that the Bozeman Municipal Code be Amended by Chapter 2.86.pdf1
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brit Fontenot, Assistant to the City Manager
Chris Kukulski, City Manager
SUBJECT: Final adoption of Ordinance 1784: an ordinance of the City Commission of
the City of Bozeman, Montana providing that the Bozeman Municipal Code be amended by adding
Chapter 2.86 of said code providing for the creation of the Economic Development Council and
establishing the duties and responsibilities thereof.
MEETING DATE: April 26, 2010
AGENDA ITEM TYPE: Consent Item
RECOMMENDATION: Finally adopt Ordinance 1784, creation of an Economic
Development Council.
BACKGROUND:
On April 12, 2010, by a vote of 5 -0, the Bozeman City Commission provisionally
adopted Ordinance 1784 as presented and directed staff to return to the Commission for final
adoption on April 26, 2010. Ordinance 1784 creates an Economic Development Council and
establishes its’ duties and responsibilities. If finally adopted, Ordinance 1784 becomes effective on
May 26, 2010.
On August 3, 2009, by Resolution No. 4195, the Bozeman City Commission adopted the
City of Bozeman Economic Development Plan. The stated goal of the Economic Development
Plan is a strong and diverse economy; where the needs of business are met through sufficient
infrastructure, efficient regulatory environment, adequate education and workforce development;
where economic development resources are leveraged, a more collaborative working partnership
exists between the business community and the City of Bozeman; and Bozeman’s high quality of
life is preserved.
The Economic Development Plan includes an implementation matrix which lists
recommended priorities for the City of Bozeman to implement the Plan. Implementation matrix
5. c, within the Economic Development Plan, directs the City Commission to establish an EDC,
consisting of business leaders, city staff, economic development leaders, and others; to advise the
City Commission on economic development issues and to review the implementation of this City
of Bozeman Economic Development Plan. Ordinance 1784, as presented, officially and formally
creates the EDC.
On November 2, 2009, the City Commission unanimously passed a motion to direct the
City Manager to actively recruit a group of individuals willing to serve on a seven member EDC.
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On February 1, 2010 the City Commission appointed seven individuals to serve initial
terms on the EDC. Those members include: 1) Daryl Schliem; 2) Stuart Leidner; 3) Gary
Bloomer; 4) Tracey Menuez; 5) Eugene Graf; 6) Chris Westlake; and 7) Cheryl Ridgley.
On March 18, 2010, the EDC met for the first time and accomplished the following
tasks: 1) established a regular monthly meeting day, time and location; 2) determined term
lengths; 3) elected officers, a Chair, Vice-Chair and Recording Secretary; 4) approved the
language in Ordinance 1784 for Commission consideration; 5) established and approved Council
bylaws for Commission consideration; and 6) receipt and review of information, including status
update and project background for the Mandeville Farm property
The following terms were established and officers elected at the initial EDC meeting: 1)
Daryl Schliem, Vice-Chair (4 year term); 2) Stuart Leidner, Recording Secretary (4 year term);
3) Gary Bloomer (2 year term); 4) Tracey Menuez (3 year term); 5) Eugene Graf (1 year
term); 6) Chris Westlake, Chair (2 year term); and 7) Cheryl Ridgley (3 year term).
The EDC meets on the third Thursday of each month at 11:00 am in the Madison
Conference Room on the second floor of the Bozeman City Hall (121 N. Rouse Ave).
If the Commission creates the Bozeman Economic Development Council (EDC) by
adopting Ordinance 1784 as proposed, the EDC will be granted authority to exercise any of the
following powers and duties: 1) advise the Commission on economic development issues; 2)
review the implementation of the City of Bozeman Economic Development Plan and provide
related recommendations; 3) adopt bylaws, subject to the approval of the Bozeman City
Commission, for the operation of the board; 4) other duties and responsibilities as the City
Commission, from time to time, may direct; and 5) actions of the council shall be advisory only
and shall not constitute policy of the City and shall not be binding upon the City Commission or
upon the City. The City may adopt all or any part of any recommendation of the EDC, with or
without any changes made by the Commission as City policy.
FISCAL EFFECTS: TBD
ALTERNATIVES: As suggested by the City Commission.
Report compiled on: April 20, 2010
Attachments: Provisionally Adopted Ordinance 1784
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ORDINANCE NO. 1784
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED
BY ADDING CHAPTER 2.86 OF SAID CODE PROVIDING FOR THE CREATION OF
THE ECONOMIC DEVELOPMENT COUNCIL AND ESTABLISHING THE DUTIES
AND RESPONSIBILITIES THEREOF.
WHEREAS, The Bozeman City Commission adopted the City of Bozeman Economic
Development Plan on August 3, 2009 by Resolution No. 4195; and
WHEREAS, the stated goal of the Economic Development Plan is a strong and diverse
economy; where the needs of business are met through sufficient infrastructure, efficient
regulatory environment, adequate education and workforce development; where economic
development resources are leveraged, a more collaborative working partnership exists between
the business community and the City of Bozeman; and Bozeman’s high quality of life is
preserved; and
WHEREAS, The Economic Development Plan has an implementation matrix which lists
recommended priorities for the City of Bozeman to implement the Plan; and
WHEREAS, implementation matrix 5. c within the Economic Development Plan directs
the City Commission to establish an Economic Development Council, consisting of business
leaders, city staff, economic development leaders, and others; to advise the City Commission on
economic development issues and to review the implementation of this City of Bozeman
Economic Development Plan; and
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WHEREAS, on November 2, 2009, the City Commission unanimously passed a motion
to direct the City Manager to actively recruit a group of individuals willing to serve on a seven
member Economic Development Council; and
WHEREAS, on February 1, 2010 the City Commission appointed seven individuals to
serve initial terms on the Economic Development Council;
NOW THEREFORE, BE IT ORDAINED by the City Commission of the City of
Bozeman, Montana;
Section 1
That the table of contents of Title 2 of the Bozeman Municipal Code be amended so that
such table of contents shall read as follows:
Title 2
ADMINISTRATION AND PERSONNEL
Chapters:
2.01 Code of Ethics
2.04 City Commission
2.05 Acquisition and Transfer of City Property
2.06 Municipal Court
2.08 City Manager
2.10 Assistant City Manager
2.12 Administrative Departments Generally
2.16 City Attorney Department of Law
2.20 Health Officer
2.30 Office of the City Clerk
2.32 Department of Finance
2.36 Division of Recreation
2.40 Department of Public Safety
2.44 Department of Public Service
2.48 Department of Public Welfare
2.56 Library Board of Trustees
2.64 City County Planning Board
2.66 City Planning Board
2.72 City Employees
2.76 Cemetery
2.78 Bozeman Area Bicycle Advisory Board
280 Historic Preservation Advisory Board
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2.84 Bozeman Beautification Advisory Board
2.86 Economic Development Council
2.88 Tax Increment Financing Industrial District Board
2.90 Business Improvement Districts Boards of Trustees
2.92 Bozeman Tree Advisory Board
2.96 Bozeman Senior Citizens Advisory Board
2.98 Quality Jobs and Living Wage
Section 2
That there shall be added to Title 2 of the Bozeman Municipal Code, the following
Chapter:
Chapter 2.86
ECONOMIC DEVELOPMENT COUNCIL
Sections:
2.86.010 Purpose and Intent
2.86.020 Economic Development Council
2.86.010 Purpose and Intent
The purpose and intent of this chapter is to provide for an Economic Development
Council consisting of business leaders, economic development leaders, and others; to advise the
City Commission on economic development issues and to review the implementation of the City
of Bozeman Economic Development Plan as adopted by Resolution No. 4195.
2.86.020 Economic Development Council
A. Creation – Powers, Duties and Authority
The Bozeman City Commission creates the Bozeman Economic Development
Council (EDC) and authorizes the EDC to exercise any of the following powers
and duties:
1. Advise the City Commission on economic development issues.
2. Review the implementation of the City of Bozeman Economic
Development Plan and provide related recommendations.
3. Adopt bylaws, subject to the approval of the Bozeman City Commission,
for the operation of the board.
4. The Council may have such other duties and responsibilities as the City
Commission, from time to time, may direct.
5. The actions of the council shall be advisory only and shall not constitute
policy of the City and shall not be binding upon the City Commission or
upon the City. The City may adopt all or any part of any recommendation
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of the council, with or without any changes made by the City Commission
as City policy.
B. Members – Appointments and Terms.
1. All appointments to the EDC shall be made by the Bozeman City
Commission.
2. The majority of Council members shall be business leaders and economic
development leaders.
3. There shall be seven (7) members of the Economic Development Council
and there shall always be at least five (5) but not more than seven (7)
members of the EDC, amendable from time to time by duly approved
resolution of the Bozeman City Commission. The terms of the initial
seven members shall be as follows.
One (1) member to serve for one (1) year, two (2) members to
serve for two (2) years, two (2) members to serve for three (3)
years and two (2) to serve for terms of four (4) years from the date
of their appointment. After initial terms, council members shall
serve three (3) year staggered terms. Each member may be
reappointed without any limitation on the number of
reappointments. Vacancies shall be filled in the same manner as
original appointments for the balance of the term remaining.
4. The City Commission shall affirm one City Commissioner to act as liaison
between the Council and Commission.
5. A council member shall receive no compensation for his or her service.
Council members shall be entitled to previously authorized expenses,
including travel expenses, incurred during the discharge of duties.
6. Persons of legal age may be appointed to the Council. A majority of the
council shall be residents of the City. Nonresident members of the
Council shall have some interest in the City by virtue of working in the
city or owning property in the city.
7. A council member may be removed by a majority vote of the City
Commission for any reason.
C. Office of Agency – Staff Support.
The Council shall maintain its records in the office of the City staff person designated to
assist the Council. The staff person so designated shall attend most meetings of the Council and
will be responsible to assist the Council in the scheduling of meetings, preparation and
distribution of agendas and meeting minutes and perform other supportive functions that may be
considered reasonable in the execution of the duties of the Council. The staff person may also
serve as the liaison between the Council, the City Manager and the City Commission.
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D. Meeting – Election of Officers.
1. The Economic Development Council shall hold meetings as it deems
necessary to execute its powers and duties as provided in this ordinance.
2. The Economic Development Council shall adopt bylaws enabling it to
elect officers, set officer terms, and establish regular meeting times.
E. Duration.
The Economic Development Council shall remain in effect as long as necessary to
achieve the goal of the Council.
F. Ethics Ordinance.
All council activities and members are subject to all other provisions of this code,
including Chapter 2.01, Code of Ethics.
G. State Law Applicable.
All meetings of the Council shall be subject to Montana open meeting laws and may not
be held with less than 48 hours notice. All written and electronic information shall be considered
a public record and subject to disclosure pursuant to Montana law.
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
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 5
Effective Date.
This Ordinance shall be effective thirty (30) days after second reading and final adoption
as provided by law.
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Section 6
Codification Instruction.
The provisions of Sections 1 and 2 shall be codified as appropriate in Title 2 (Chpt. 2.86)
of the Bozeman Municipal Code.
PROVISIONALLY PASSED by the City Commission of the City of Bozeman, Montana, on
first reading at a regular session held on the 12th day of April, 2010.
______________________________
JEFFREY K. KRAUSS
Mayor
ATTEST:
_____________________________________
STACY ULMEN, CMC
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 26th day of
April, 2010. The effective date of this ordinance is May 26, 2010.
______________________________
JEFFREY K. KRAUSS
Mayor
ATTEST:
_________________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
______________________________
GREG SULLIVAN
City Attorney
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