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HomeMy WebLinkAboutCommittee of the Whole Minutes 07.16.1996 r MINUTES CITY COUNCIL COMMITTEE OF THE WHOLE JULY 16, 1996 6:30 P.M. COUNCIL CHAMBERS MEMBERS PRESENT: Chairman- Chuck Rodgers Ron Marshall Gay Easton Dirk Kroll Donna Kilpatrick Bud Johnson OTHERS PRESENT V. Joe Leckie Mike Atkinson Vicki Metzger Don Hackmann D.L. McGillen Andy Loebe Dave Michael Joe Leckie gave an update on the Merchant apartments. He said that Jim Flisrand has been in contact with Jim Martin and Mr. Martin is in the process of preparing a plan for cleaning up the lot. Chuck said that the schedule or plan was suppose to be given to the City today or tomorrow. As of right now no plan has been submitted. Ron Marshall distributed copies of a draft charter proposed by the Laurel Local Government Study Commission. They have been meeting quite extensively during the past several months. This draft is for informational purposes and it will be on the November 5, 1996 ballot. There are only 2 changes from the way we are operating at the present time. They are self governing powers and an affirmative vote of four members of the council shall be required for all official actions of the council. Dave reported that the bridge project has been started, which is about a two year project. Andy said that they have started the summer street work. There is a new building at the container site, but it has not been put into use yet. Joe reported that the agreement and warranty deed on the Arden property was signed today. Joe will get it recorded at the courthouse. Darrell reported that the fire department has not had a change to look at engine #1 yet. Mike reported that all officers are back on duty. Cheryl Thomas is still off work, but hopefully will be back by the end of August. Discussion regarding the overtime situation at the police department and dispatchers. Chuck said that item #5 on the agenda tonight is the encroachment permit for the Caboose Saloon. There is still some question whether this is a dedicated right-of-way or an easement. More checking will need to be done on this. Joe reported on agenda items 7 & 8 regarding SID 110. Number 7 will be considered at the August 6th regular council meeting. Number 8 has already been taken care of and can be deleted from the agenda. Chuck gave an overview of the 1996-97 preliminary budget. Ron reported that the City's organizational chart needs to be updated on page 6. The meeting was adjourned at 6:58 p.m. Respectfully submitted, Don Hackmann City Clerk 0 DRAFT CHARTER OF THE CITY OF LAUREL PREAMBLE WE, THE PEOPLE OF LAUREL, COUNTY OF YELLOWSTONE, STATE OF MONTANA, in accordance with Article XI, Section 5 of the Constitution of Montana, do hereby adopt this Charter. ARTICLE I POWERS OF THE CITY Section 1.01 Powers of the City of Laurel The City of Laurel shall have all powers not prohibited by the Constitution of Montana, the laws of Montana, or this Charter. Section 1.02 Interpretation of Powers The powers and authority of this self-government unit shall be liberally construed. Every reasonable doubt as to the existence of a city power or authority shall be resolved in favor of the existence of that power or authority. Section 1.03 Restrictions The mill levy shall be limited to that of Montana municipal governments with general government powers, except with the prior approval of a majority of the electors voting on the question in a general or special municipal election. Section 1.04 Charter Supremacy As provided by Article XI, Section 5 of the Constitution of Montana, provisions herein establishing executive, legislative and administrative structure and organization are superior to statutory provisions. ARTICLE II LEGISLATIVE BRANCH Section 2.01 CLV Council The legislative branch shall consist of the city council which shall be the governing body of the city. 0 1 Section 2.02 Composition, Terms, Qualifications, Election 1. The City of Laurel shall have a city council of eight (S) members elected on a nonpartisan basis from four (4) districts apportioned by population. Two (2) council members shall be elected from each district. One (1) council member from each district shall be elected every two (2) years. 2. Council members shall serve for terms of four (4) years. 3. Council members shall reside within the district from which they are elected and shall be qualified electors of the city of Laurel. Section 2.03 Division of the C, i + into Districts Following each decennial federal census, the ci council shall cause the ci to be divided into four 44J districts as compact and equal in population as possible. Section 2.04 Vacancy in Office The office of council member becomes vacant as prescribed by law. Section 2.05 Removal from Office A council member may be removed from office by a finding, adopted by the affirmative vote of five (5) council members that the office has become vacant as . prescribed by law, or by the recall of the council member by the electors of Laurel as prescribed by law. Section 2.06 Filling Vacancy on Council When a vacancy occurs in the office of council member, the position shall be considered open and subject to nomination and election at the next general municipal election, except the term of office shall be limited to the unexpired term of the person who originally created the vacancy. Pending such election and qualification the council shall appoint, by the affirmative vote of five (5) council members, a person possessing the qualifications for office required by law and this Charter within 30 days of the vacancy to hold the office until the successor is elected and qualified. Section 2.07 Officers of the Council 1. The council shall have a chair whom the members of the council shall elect from their own number for a two (2) year term. The chair of the council shall preside when the mayor is absent, and shall vote as other members of the council. 2. The council shall also have a vice chair whom the members of the council shall elect from their own number for a two (2) year term. The vice chair of the council shall preside when the mayor and chair are absent, and shall vote as other members of the 0 2 council. 0 Section 2.08 Powers and Duties The Council shall be the legislative and policy determining body of the City. All powers of the City shall be vested in the city council except as otherwise provided by law or this Charter, and the council shall provide for the exercise thereof and for the performance of all duties and obligations imposed by law or this Charter. The council may override the mayor's veto with six (d) affirmative votes. Section 2.09 Legislative Action The affirmative vote of four L4) members of the council shall be required for all official actions of the council. A minimum of five (S) council members must be present when official actions are taken by the council. Section 2.10 Procedure The council shall establish by resolution its rules of procedure and time and place of meetings. Section 2.11 Compensation 0 The council shall establish by ordinance the compensation of its members. ARTICLE III EXECU'ITVE BRANCH Section 3.01 The Mayor The mayor shall be the chief executive officer of the city. Section 3.02 Term of Office The mayor shall be elected for a four (4) year term of office. Section 3.03 Qualification and Election Every resident of the CQ of Laurel who is 21 years of a&e or older and a citizen of Montana for three years, and a resident of the Cily of Laurel for at least two U2 years preceding the election to office is eligible to hold the office of mayor. The mayor shall be nominated and elected at-large on a nonpartisan basis. 0 3 Section 3.04 Vacancy in Office 40 The office of mayor becomes vacant as prescribed by law. Section 3.05 Removal from Office The mayor may be removed from office by a finding adopted by the affirmative vote of five (5) council members that the office has become vacant as prescribed by law, or by the recall of the mayor by the electors of Laurel as prescribed by law. Section 3.06 Filling Vacancy of the Office of Mayor When a vacancy occurs in the office of mayor the position shall be considered open and subject to nomination and election at the next general municipal election, except the term of office shall be limited to the unexpired term of the person originally cre? ating the vacancy. Pending such election and qualification the council shall appoint, by the aKi a-tive vote of five (5) council members, a person possessing the qualifications for office required by law and this Charter within 30 days of the vacancy to hold the office until the successor is elected and qualified. Section 3.07 Powers and Duties The mayor shall: 1. enforce all laws, Charter, ordinances, and resolutions; 2. perform duties required by this Charter, law, ordinance or resolution; 3. administer affairs of the local government; 4. carry out policies established by the council; 5. recommend measures to the council; 6. report to the council on the affairs and financial condition of the local government; 7. execute bonds, notes, contracts, and written obligations of the council, subject to the approval of the council; 8. report to the council as the council may require; 9. preside at council meetings and may take part in discussion; 10. execute the budget adopted by the council; 11. appoint, with the consent of the council, all members of boards; except the mayor may appoint without the consent of the council temporary advisory committees established by the mayor. 12. call special meetings of the council. Section 3.08 Administrative Duties The mayor may: 0 4 1. prepare the budget in consultation with the council and department heads; 2. appoint one or more administrative assistants to help him in the supervision and operation of the local government, and such administrative assistants shall be answerable solely to the mayor; 3. appoint and remove, with the consent of a majority of the council, all department heads and may appoint and remove all other department employees; 4. exercise control and supervision of all departments and boards. Section 3.09 Legislative Authority The mayor shall decide all tie votes of the council, but shall have no other vote. The mayor may veto ordinances and resolutions, or objectionable parts of ordinances and resolutions. This veto power must be exercised in wn_ tinZ at the next regular meeting of the council following adoption of the ordinance or resolution, and is subject to override by six (0 affirmative council member votes at the same meetin the mayor exercises the veto or at the next regular meeting of the council. Section 3.10 Compensation The city council shall set the compensation of the mayor by ordinance. ARTICLE IV JUDICIAL BRANCH 0 Section 4.01 City Court There shall be a city court as provided by law. ARTICLE V DEPARTMENT STRUCTURE Section 5.01 Organization of Departments Ordinances shall prescribe the organization of city departments. Section 5.02 The Treasurer The treasurer shall be the financial officer of the city Section 5.03 Term The treasurer shall be elected on a non partisan basis for a four (4) year term of office. 0 Section 5.04 Vacancy in Office 40 The office of treasurer becomes vacant as prescribed by law. Section 5.05 Removal from Office The treasurer may be removed from office by a finding adopted by the affirmative vote of five (5) council members that the office has become vacant as prescribed by law, or by the recall of the treasurer by the electors of Laurel as prescribed by law. Section 5.06 Filling Vacancy of the Office of Treasurer When a vacancy occurs in the office of treasurer the position shall be considered open and subject to nomination and election at the next general municipal election, except the term of office shall be limited to the unexpired term of the treasurer. Pending such election and qualification the council shall appoint, by the affirmative vote of five (5) council members, a person possessing the qualifications for office required by law and this Charter within 30 days of the vacancy to hold the office until the successor is elected and qualified. Section 5.07 Powers and Duties The treasurer shall have the powers and duties provided by law, Charter or ordinance. Section 5.08 Compensation The city council shall set the compensation of the treasurer by ordinance. ARTICLE VI GENERAL PROVISIONS Section 6.01 Amendment of Charter This Charter may be amended only as prescribed by state law. Section 6.02 Effective Date This Charter shall become effective on Ja-. nuarv 1 1997. Section 6.03 Oath of Office Before entering upon the duties of office, all elected city officials shall take and subscribe to the oath of office as prescribed in Article III, Section 3 of the Constitution • 6 of Montana. Section 6.04 Severability If any provision of this Charter is held invalid, the other provisions of this Charter shall not be affected thereby. If the application of the Charter, or any part of its provisions, to any person or circumstance is held invalid, the application of the Charter and its provisions to other persons or circumstances shall not be affected by that. ARTICLE VII TRANSITIONAL PROVISIONS Section 7.01 General Transition Transition to this charter form of government shall be as prescribed by state law. The Laurel Study Commission shall provide for such transition with an advisory plan consistent with state law. The city shall not publish the provisions of this transition article as part of the Charter after January 1 1998. Section 7.02 Continuation in Office No city employee or elected official currently holding a city office will lose employment or elected position solely because of the adoption of this Charter . Existing elected officials may continue in office until the end of the term for which they were elected. Section 7.03 Review of Existing Ordinances All city ordinances, resolutions and rules of the City of Laurel shall remain in effect until reviewed, revised or repealed by the city council. The city council shall review and, where necessary, revise or repeal all city ordinances to provide for compliance and consistency with this Charter and state law no later than January 1 1998. We, the Study Commissioners of the City of Laurel do hereby certify that this is the proposed plan of government approved by the Laurel Local Government Study Commission. SEAL In testimony whereof, we set our hands. Done at Laurel, Montana this _ day of , 1996. i ATTEST: Don Hackman, Clerk Steven K. Cosner, Chairman Joseph A Bradley Ken Olson 0 8