[MissoulaGov] Committee Update 10-28-09

[Geoff Badenoch]

With respect to the Rule 24 discussion, in the nearly thirteen years
since the people of Missoula adopted it, I believe this is only the
third time I have heard of the self-government powers of the City
Charter invoked.  I wonder what else it might be good for.
 
Geoff Badenoch
 
 
 
-----Original Message-----
From: missoulagov-bounces at cmslists.com
[mailto:missoulagov-bounces at cmslists.com] On Behalf Of Bob Jaffe
Sent: Wednesday, October 28, 2009 11:30 PM
To: missoulagov at cmslists.com
Subject: [MissoulaGov] Committee Update 10-28-09
 
In Administration and Finance we considered our rule number 24 which
establishes the manner in which we approve ordinances.  A few months
back Ross Best made a bunch of public comment protesting our rules. He
proposed that they were in violation with Montana Code Annotated
7-5-103.  Rule 24, which references this section of MCA,  says we will
hold a public hearing for all ordinances.  It says we will first
schedule the hearing, which will constitute a first reading. Then we
will actually hold the public hearing which will constitute the second
reading.  This procedure was also recently challenged by Lee Clemmensen
as a last gasp effort to derail the zoning update process. Renee cited
her confusion over rule 24 as one of her reasons to object to the zoning
update. Even though I didn't think it had any bearing whatsoever on the
zoning ordinance, I encouraged Renee to bring forward her concerns with
the rule as a separate referral, which she did.     
 
City Attorney, Jim Nugent pointed out some technicalities in the MCA
that made it so the law requiring two readings didn't even apply to a
city with self governing powers. Since we didn't need to comply with the
two reading law, and we had numerous procedures in place that provided
for public notification and participation far in excess of state law
requirements, we directed Mr. Nugent and the City Clerk to prepare
revised language for rule 24 that would be less confusing.
 
 
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