HomeMy WebLinkAboutCr. Becker’s Consideration of Tie Vote regarding Ordinance 1798.pdfPage 1 of 3
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Stacy Ulmen, CMC, City Clerk
Chris A. Kukulski, City Manager
SUBJECT: Cr. Becker’s Consideration of Tie Vote regarding
Ordinance No. 1798, General Revisions to Chapter 12.32 of the Bozeman Municipal Code,
Parades and Public Assemblies, providing for revisions to the Regulations and Approval of
Parades and Public Assemblies from the March 7, 2011 meeting.
MEETING DATE: March 21, 2011
MEETING TYPE: Action
RECOMMENDATION: Cr. Becker will consider the following motion from March
7, 2011 that ended in a tie vote regarding Ordinance No. 1798 as follows:
“It was moved by Cr. Taylor, seconded by Cr. Andrus to direct staff to come back to the
Commission (for their consideration at that time) with a schedule of costs and fees based upon
actual costs to the City of whatever events are permitted.” The motion tied 2-2 with Cr. Mehl
and Mayor Krauss opposed.
BACKGROUND: The Provisional adoption of Ordinance No. 1798, General
Revisions to Chapter 12.32 of the Bozeman Municipal Code, Parades and Public Assemblies,
providing for revisions to the Regulations and Approval of Parades and Public Assemblies was
presented to the Commission at the March 7, 2011 Regular City Commission meeting. During
that meeting the following motions occurred:
Main Motion*It was moved by Cr. Taylor, seconded by Cr. Andrus to provisionally adopting
Ordinance No. 1798 generally revising Chapter 12.32 of the Bozeman Municipal Code. The
motion passed 4-0.
It was clarified that the Ordinance amended this evening is the version that has been included in
the packet materials for this meeting that included all of the changes from the January 31st
meeting.
The Commission generally agreed to add the “Spring Bobcat Festival” as a recognized
community event.
324
Memo-Cr. Becker consideration of Tie Vote from March 7, 2011 regarding Ordinance No. 1798
Page 2 of 3
Amendment*It was moved by Cr. Taylor, seconded by Cr. Andrus that City Manager be
responsible for reviewing applications instead of the City Commission and that the Commission
would only hear appeals. The motion passed 4-0.
Amendment*It was moved by Cr. Taylor, seconded by Cr. Andrus to amend the Ordinance No.
1798, adding an additional standard of issuance which there would be a demonstrable nexus
between the purpose of the gathering and the use of Main Street. This is for applications that
seek to close Main Street. The motion passed 4-0.
Amendment*It was moved by Cr. Mehl, seconded by Cr. Taylor to amend 12.32.070 Sub-
Section E & F to clarify as the City Attorney explained.
Section E. the last sentence shall state:….the permit holder or participants in or attendees to the
parade or public assembly.
Section F. The city manager may grant exceptions a waiver to the requirements of this section
for city sponsored events or for other events taking into account the general public health, safety
and welfare associated with the request for exception, as well as the liability risk associated with
the parade and or public assembly when the city manager determines…… The motion passed 4-
0.
Amendment*It was moved by Cr. Mehl, seconded by Cr. Taylor to change definition of Public
Assembly to mean any meeting, march, demonstration, picked line, rally, or gathering of seventy
five (75) or more persons rather than the 25 persons. The motion passed 3-1 with Mayor Krauss
opposed.
Amendment*It was moved by Cr. Taylor, seconded by Cr. Andrus to amend section I
(12.32.230) to read as follows: “No parade participant shall throw, cast, or drop candy, trinkets,
or any other articles from a moving vehicle. This provision does not prohibit a parade
participant from handing providing candy or other articles directly to the spectators provided
the participant is walking.” The motion passed 3-1 with Cr. Mehl opposed.
Motion*It was moved by Cr. Mehl, seconded by Cr. Taylor to direct that a fee resolution come
back to the Commission that we continue to bill as we do and increase from $100 to $250 per
road closure application per incident. The motion passed 3-1 with Mayor Krauss opposed.
The Following Motion ended in a Tie Vote and Cr. Becker will consider this motion
tonight. *It was moved by Cr. Taylor, seconded by Cr. Andrus to direct staff to come back to the
Commission (for their consideration at that time) with a schedule of costs and fees based upon
actual costs to the City of whatever events are permitted.”
The motion tied 2-2 with Cr. Mehl and Mayor Krauss opposed.
325
Memo-Cr. Becker consideration of Tie Vote from March 7, 2011 regarding Ordinance No. 1798
Page 3 of 3
Staff will bring back the consideration of final adoption of this Ordinance with Commission’s
changes at a future meeting date.
ALTERNATIVES:
· As suggested by the City Commission.
Attachment:
Prior Meeting Materials can be found at the following link:
http://weblink.bozeman.net/WebLink8/0/doc/44302/Electronic.aspx
326