HomeMy WebLinkAboutMeeting_249-259_Charter Implementation _ Section 4.06 - Neighborhood Associations
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Tracy L. Oulman, Neighborhood Coordinator
Chris Kukulski, City Manager
SUBJECT: City Charter Implementation / Section 4.06 – Neighborhood Associations
MEETING DATE: January 29th, 2007
BACKGROUND: In November 2006, Bozeman voters favored the adoption of the Local
Government Study Commission’s City Charter. The City Commission has made the implementation a
goal of high priority. Section 4.06 – Neighborhood Associations requires the City Commission to
establish by ordinance minimum recognition requirements for neighborhood associations.
RECOMMENDATION: Direct staff to draft a Neighborhood Recognition Ordinance pursuant to
recommendations in the staff report.
FISCAL EFFECTS: None.
ALTERNATIVES: As suggested by the City Commission.
Respectfully submitted,
_________________________________ ____________________________
Tracy L. Oulman, Neighborhood Coordinator Chris A. Kukulski, City Manager
Attachments: Staff Report; INC Bylaws, City Charter Section 4.06
Report compiled on: January 19th, 2007
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CITY COMMISSION STAFF REPORT
CITY CHARTER IMPLEMENTATION
Section 4.06 – Neighborhood Associations
City Charter Implementation
Section 4.06 – Neighborhood Associations
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Item: Public Hearing on the implementation of the City Charter Section 4.06
– Neighborhood Associations.
Date/Time: Monday, January 29th at 6pm in the Community Meeting Room,
Gallatin County Courthouse, 311 West Main Street, Bozeman,
Montana.
Report By: Tracy L. Oulman, Neighborhood Coordinator
Recommendation: Direct staff to draft a Neighborhood Recognition Ordinance pursuant
to recommendations in the staff report.
____________________________________________________________________________________
Introduction
In November 2006, the Bozeman voters passed a City Charter proposed by the Local Government Study
Commission (LGSC). The City of Bozeman has until January 1, 2008 to comply with the charter’s
provisions. On January 16th, during a regularly-scheduled meeting, the City Commission indicated they
prefer to incrementally review and implement the provisions of the charter.
Section 4.06 – Neighborhood Associations requires the City Commission to establish by ordinance
minimum recognition requirements for neighborhood associations. The ordinance will impact the seven
previously-formed neighborhood associations, the InterNeighborhood Council (INC), as well as groups
seeking to organize in the future.
In order to ensure the maximum amount of notification and predictability for existing and forming
neighborhood groups seeking recognition from the City, staff recommends the City Commission directs a
process to draft language for the Neighborhood Recognition Ordinance.
Required Actions
Section 4.06 requires one City action to comply with the adopted charter.
(1) Section 4.06b: The City Commission shall establish by ordinance the
minimum recognition requirements for neighborhood associations.
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Section 4.06 also includes items to consider elaborating on in the Neighborhood Recognition Ordinance.
These items are mentioned in section 2 of the Recommended Implementation Strategy.
Recommended Implementation Strategy
(1) Establish a process to draft language for the Neighborhood Recognition Ordinance.
(2) Identify any additional standards or considerations the City Commission may wish to include in the
Neighborhood Recognition Ordinance.
(3) Establish a deadline for the completion of the draft ordinance language.
Staff is requesting City Commission direction to draft an ordinance establishing minimum recognition
requirements for neighborhood associations. Direction being requested includes:
(1) Establish a process to draft language for the Neighborhood Recognition Ordinance.
Staff has considered a variety of possible implementation strategies to draft the language for the
Neighborhood Recognition Ordinance. Examples of strategies which were considered include:
• Staff Only
• Task Force
• INC Only
• Staff + INC
Recommendation: Staff + INC. Following discussions with staff and the INC, it is
recommended that the City Commission direct Staff to work collaboratively with the INC to draft
the language for the Neighborhood Recognition Ordinance. The following steps are recommended:
(1) Staff drafts Neighborhood Recognition Ordinance language (done);
(2) INC reviews the draft with staff and, upon a majority vote in favor, the revised language
is forwarded to the City Commission;
(3) The City Commission reviews the language for consideration and adoption.
• In cases which staff and INC are unable to find a compromise, both staff and INC will provide
text for the City Commission to review and modify for adoption.
City Charter Implementation
Section 4.06 – Neighborhood Associations
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(2) Identify any additional standards or considerations the City Commission may wish to include in
the Neighborhood Recognition Ordinance.
The adopted charter requires the ordinance include, but is not limited to, the standards listed below:
(1) Clear geographic boundaries;
(2) Procedures for defining a resident for neighborhood association membership;
(3) Adherence to established bylaws that ensure democratic deliberative and voting procedures;
(4) Periodic meetings, including an annual meeting;
(5) Copy of the bylaws and all amendments filed with the City;
(6) Inclusion of all residents in the neighborhood associations; and
(7) Demonstrating that it has a means of communicating with residents in a neighborhood
association.
The City Commission has several options to establish the basic standards included in the Neighborhood
Recognition Ordinance. These options include:
• Include only the required standards outlined in the adopted charter (Items 1 -7 above);
• Include the required standards plus City Commission adoption of the INC bylaws;
• Does the City Commission want approval authority over the INC bylaws?
Section 4.06d3: The InterNeighborhood Council shall adopt by-laws governing the conduct of their
business. Such by-laws shall be approved by the city commission, or as designated by ordinance. A
vacancy on the InterNeighborhood Council shall be filled only by the affected neighborhood association.
The city may appoint a city commissioner as a non-voting member of the InterNeighborhood Council.
• Include the required standards plus formal identification of a staff liaison or staff duties;
• Does the City Commission wish to specify exactly the role of the staff liaison and/or duties?
Section 4.06e: City Liaison. The City shall designate a staff member to serve as liaison to the
InterNeighborhood Council and neighborhood association.
• Additional standards as defined by the City Commission;
• A combination of all of the above.
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Recommendation: Required Standards + City Commission adoption of INC Bylaws.
Section 4.06d3 states, “The InterNeighborhood Council shall adopt bylaws governing the conduct of their business.
Such bylaws shall be approved by the City Commission, or as designated by ordinance. Therefore, City
Commission adoption of the INC bylaws is not required unless designated by ordinance.
Staff recommends City Commission adoption of the INC bylaws be required in the Neighborhood
Recognition Ordinance for the following reasons:
• Neighborhood Recognition Ordinance is the mechanism by which the City will
assess neighborhood associations and identify those groups which are eligible to
participate on the INC;
• Section 4.06d formally establishes the INC to be composed of representatives
selected by each recognized neighborhood association;
Section 4.06d: InterNeighborhood Council. There is hereby established an
InterNeighborhood Council to be composed of representatives selected by each recognized
neighborhood association.
• Section 4.06d1 states the INC may make recommendations to the City Commission,
City staff and mayor on city-wide issues;
Section 4.06d1: The InterNeighborhood Council shall provide a forum for
Neighborhood Associations to come together, share information, and make
recommendations to the city commission, city staff, and the mayor on city-wide issues. This
does not preclude a neighborhood association from taking its concerns directly to the city or
the commission.
• Section 4.06e designates a staff member to serve as a liaison to the
InterNeighborhood Council.
Section 4.06e: The City shall designate a staff person to serve as a liaison to the
InterNeighborhood Council and neighborhood associations.
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The INC currently operates with bylaws which include the following:
• Mission;
• Vision;
• Authorization;
• Elections & Vacancies;
• Attendance;
• Conflict of Interest.
(3) Establish a deadline for the completion of the draft ordinance language. Staff would like to
request a deadline be established for the review of the Neighborhood Recognition Ordinance by the
City Commission. The purpose of the request is to provide a timeframe to work towards.
Recommendation: May 2007. A majority of existing neighborhood associations hold their annual
meetings in October. The charter requires neighborhood associations existing on the date of the
enactment of the charter to come into compliance within one year of the adopted city ordinance. This
would allow neighborhood associations to assess their compliance with the Neighborhood Recognition
Ordinance, educate their membership on the compliance measures needed and begin to take
appropriate actions.
CONCLUSION
In conclusion, it is the recommendation of the staff that the City Commission:
(1) Establish a process to draft language for the Neighborhood Recognition Ordinance directing Staff to
work collaboratively with the INC. The collaboration would include staff drafting language for the
Neighborhood Recognition Ordinance, an INC review of the draft with staff, and upon a majority vote
in favor, forwarding the language to the City Commission for review. In cases which staff and INC are
unable to find a compromise, both staff and INC will provide text for the City Commission to review and modify for
adoption.
(1) Identify additional standards the City Commission may wish to include in the Neighborhood
Recognition Ordinance including the required standards plus the City Commission adoption of the INC
bylaws.
Staff has made no recommendation on the designation of a specific staff liaison due to the formative
status of the Neighborhoods Program.
(2) Establish May 2007 as the deadline for the completion of the draft ordinance language.
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CITY CHARTER
Section 4.06 – Neighborhood Associations
Section 4.06 Neighborhood Associations
(a) Purpose. The citizens of Bozeman value the contribution neighborhoods can
make to the governance of the city. Therefore, it is the purpose of this article to
strengthen neighborhood participation where it exists, and to encourage and support
neighborhood participation where it does not yet exist.
(b) Recognition of neighborhood associations. The city commission shall
establish by ordinance minimum recognition requirements for neighborhood
associations. These standards shall include, but not be limited to:
(1) clear geographic boundaries;
(2) procedures for defining a resident for neighborhood association
membership;
(3) adherence to established by-laws that ensure democratic
deliberative and voting procedures;
(4) periodic meetings, including an annual meeting;
(5) copy of the by-laws and all amendments filed with the city;
(6) inclusion of all residents in the neighborhood association; and
(7) demonstrating that it has a means of communicating with all
residents in a neighborhood association.
(c) Minimum Standards. A neighborhood association must meet and continue to
maintain conformity with the minimum standards as established by ordinance in order
to be recognized by the city and to be eligible to elect members to the
InterNeighborhood Council. Neighborhood associations existing on the date of the
enactment of this charter shall have one year after the enactment of said city
ordinance to come into compliance.
(d) InterNeighborhood Council. There is hereby established an InterNeighborhood
Council to be composed of representatives selected by each recognized
neighborhood association.
(1) The InterNeighborhood Council shall provide a forum for
Neighborhood Associations to come together, share information, and
make recommendations to the city commission, city staff, and the
mayor on city-wide issues. This does not preclude a neighborhood
association from taking its concerns directly to the city or the
commission.
(2) The InterNeighborhood Council shall meet on a regular basis to
address city-wide concerns and foster dialogue between
neighborhoods.
(3) The InterNeighborhood Council shall adopt by-laws governing the
conduct of their business. Such by-laws shall be approved by the city
commission, or as designated by ordinance. A vacancy on the
InterNeighborhood Council shall be filled only by the affected
neighborhood association. The city may appoint a city commissioner
as a non-voting member of the InterNeighborhood Council.
(e) City Liaison. The City shall designate a staff member to serve as liaison to the
InterNeighborhood Council and neighborhood association.255
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Inter-neighborhood council
Bylaws
Mission
Recognizing the value of citizen involvement and neighborhood relations, the Inter-
Neighborhood Council (INC) is committed to ensuring safety, knowledge and guidance
to Bozeman’s neighborhoods. The INC fosters a sense of cooperation and understanding
between neighborhoods to increase the overall health of the community.
The Vision
Our pride in where we live rests, in part, on the relationships we share with others in our
community. We envision a Bozeman in which every citizen feels informed about
changes in their neighborhood and community, enabled to share their concerns and ideas
with citizens and elected officials, and in which governmental agencies at all levels set
the example of good stewardship and support for their citizens efforts.
Authorization
The Inter-Neighborhood Council is acting without authorization at this time, but may
seek City Commission authorization in the future (Upon authorization of the CC, the INC
would need to add specific language to the Bylaws. Suggestions for this language can be
viewed in the Bylaw Addendum).
Elections, Terms and Vacancy
The Inter-Neighborhood Council shall maintain the positions of President, (Vice
President), (Treasurer) and Secretary. Representatives must be an elected representative
from an established and recognized neighborhood or nominated by such representative.
A. Terms of office for the INC shall be staggered and 2 years in duration
(term limits?);
B. Vacancies on the INC should be filled within ninety (90) days by election.
Procedures
A. The Inter-Neighborhood Council shall conduct a minimum of one
regularly scheduled meeting each month. Cancellation of any meeting or
scheduling of special meetings may occur at the direction of the President.
Regularly scheduled meetings shall be held at such a place, date and hour
as may from time to time be fixed by consensus. Notice of special
meetings shall be served on each member or sent to member’s usual place
of residence at least twenty-four (24) hours before the time set for the
meeting. Notification may be given in person, over the phone, or in
writing.
B. The Secretary (Neighborhood Coordinator) shall prepare a
schedule/agenda for each meeting in consultation with the Neighborhood
Coordinator (President) and other neighborhood representatives. Said
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agenda shall be made available to other representatives at least three days
prior to each monthly meeting.
C. The election of officers shall take place in January of each year. The
terms of each office shall be two years. Special elections to fill vacancies
may occur at any regular or special meeting with all terms ending on
January 31. All persons may be re-elected to office.
D. The President shall be elected by a majority vote, and shall preside at all
meetings.
E. (The Vice President shall be elected by a majority vote, and shall preside
at meeting upon the President’s request).
F. The Secretary (-Treasurer) of the Council shall be elected by a majority
vote, and shall prepare the minutes of the monthly or special meetings.
The minutes shall include a list of attendance, including Neighborhood
Representatives, guests, and members of the public, and a summary of all
business and discussions undertaken.
G. Amendments and changes to the Bylaws may be adopted during any
regular meeting following a two-thirds vote and provided that the
revisions are submitted to the Council no less than two weeks in advance
of the meeting.
H. A list shall be kept of those showing strong interest in serving on the
Council. This list shall be consulted when new members are nominated.
Attendance
Regular attendance of all meetings is considered crucial for contribution to the Inter-
Neighborhood Council, and is a requirement for membership. No more than three (3)
absences within a one-year period without a previous explanation made to the President
(or Neighborhood Coordinator) will be permitted during the course of a full, two year
term of membership. Attendance will be recorded at each meeting and included in the
minutes.
Conflict of Interest
Any member who has, or expect to have, a pecuniary interest in a nomination proposal or
undertaking relating to the INC’s general role and responsibility as stated in the Mission,
shall publicly declare his/her potential conflict of interest and the conflict shall be
resolved through discussion among the INC members. Pecuniary interest shall be
defined as the (flow of resources, loss of resources, or savings of resources) which may
result from the action of the member.
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