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HomeMy WebLinkAboutCouncil Workshop Minutes 07.10.2007 MINUTES COUNCIL WORKSHOP JULY 10, 2007 6:30 P.M. COUNCIL CHAMBERS A Council Workshop was held in the Council Chambers and called to order by Mayor Ken Olson at 6:35 p.nx on July 10, 2007. COUNCIL MEMBERS PRESENT: x Emelie Eaton x Kate Hart _x_ Gay Easton _x_ Vonda Hotchkiss _x_ Doug Poehls x Mark Mace Chuck Dickerson _x_ Norm Stamper OTHERS PRESENT: Sam Painter Mary Embleton Rick Musson Steve Klotz Public Inout (three-minute limit): Citizens may address the Council regarding any item of City business not on the agenda. The duration for an individual speaking under Public Input is limited to three minutes. While all comments are welcome, the Council will not take action on any item not on the agenda. There was none. Planning Board issues: · Annexation request Bdt Romain - 2005 E. Main St. - Old Rapid Mart. Mayor Olson referred to a letter recently received from Gerald Shay, the Chairman of the Planning Board, requesting that the council place a moratorium on all planning issues until a city planner is hired. The moratorium would not include subdivision applications, which are currently processed by the City of Billings Planning Department. Mayor Olson stated that a moratorium would not be necessary. All applicants should be informed that the city is in the process of hiring a planner. Until a planrler is hired, applications will be delayed and placed on a future agenda. The process of filling the city planner position is moving forward to fill the position by the beginning of September. Mayor Olson has directed staffto accept applications and to inform applicants that, since ordinance requires the planner and planning board to review applications, the applications will not be considered until the position has been filled. Applicants that have paid fees can request a refund and then resubmit the application when a planner is hired. The city has a contract with the Billings Planning Department to review subdivision applications, which will continue to be accepted. The issues not covered by the contract with the Billings Planning Department will be put on hold until the City of Laurel hires a city planner. The interview committee will meet on July 17th to review the applications and schedule interviews. Norm Stamper asked regarding the annexation request, which includes the cabins and the house in the area. Mayor Olson stated that staffconcems regarding water, sewer, and surveying were included in the City-County Planning Board minutes. Council Workshop Minutes of July 10, 2007 · Zone Change Request for 2845 Laurel South Road from Agricultural Open to Suburban Residential (or Residential Suburban- LMC Code book references both) There was no discussion. Executive review: · Discussion regarding System Development Fees - Elena Subdivision Mayor Olson stated that the request for the process to recover the system development foes warrant that the applicant must submit documentation at the time of plat approval. The city has not put the process in motion to refund the fees because no application was received when the final plat was approved. It is recommended that a letter be sent to the applicant stating that the requirements were not fulfilled to have the fees collected. Doug Poehls stated that there was confusion regarding when the application needed to be submitted. He thinks the confusion over the issues needs to be addressed for the future. The ordinance was adopted in April 2005 and this is the first subdivision that has requested refund of the system development fees. Sam Painter stated that the ordinance has been adopted end the process is laid out in the ordinance. There are prerequisites that the developer must do prior to seeking reimbursement. One of those is to enter into an agreement, which was adopted with the ordinance. The main thrust of the ordinance was that there must be an agreement with the city up front to establish the cost for which the developer should get reimbursement. It is nearly impossible after the fact to ask the city to pay reimbursement fees. The city has never collected any fees, because the city would have collected fees in accordance with the agreement done prior to building the system. When an ordinance is adopted, it is up to a citizen to avail themselves of the process, and it is up to the developer to take advantage of it. It did not happen in this case, and he does not see how the city can go backwards. Doug asked if the developer receives the ordinance in its entirety with the application for the subdivision and questioned whose fault it would be if the information was not received. Mayor Olson stated that, when the ordinance was adopted in 2005, it was brought to the council's attention because of this development and the interim subdivider. Both developers were aware of this issue coming forward and he is fairly certain that the issue was discussed at length during the time that the developer was bringing the property into the city. Emelie Eaton asked if the questions would be asked when the developer appeared before the Planning Board. Mayor Olson would have to review past minutes. Sam stated that most developers would look for an ordinance where he/she could recover a portion of the development fees. He stated that, in this case, there is no agreement with the city, as required by the ordinance. Since the ordinance requires an agreement and there is no agreement, there is no liability on the city's behalf. Regarding providing notice to the public, Sam stated that it was in the newspaper, there was a public hearing, and the process was followed. Mayor Oison stated that staff has been directed to address this issue with a response similar to what legal counsel described. 2 Council Workahop Minutes of July 10, 2007 * Discussion regarding the Form of Government Mayor Olson distributed copies ofa draf~ charter. Prior discussion regarding the form of government has been focused on the manager form of government wrapped around a charter providing self- governing powers. Mayor Oison presented an option provided by Dr. Ken Weaver and Judy Mathre. The draf~ charter is a strong mayor form of government and is a reflection of the form of government Laurel currently has. Laurel is currently under general powers, and with the adoption of this form of government, the city would have self-governing powers. With self-governing powers, the city could address some issues. With this option, the powers of the city, the council, and the mayor would remain the same as the original one. Mayor Olson explained the change with the creation of the chief administrative officer. The chief administrative officer would be in charge of the day-to-day operation and would serve under the direct supervision of the mayor and perform the duties delegated to the officer by the mayor. The chief administrative officer may exercise such supervisory authority as may be delegated in writing by the mayor and approved by resolution of the council. The council would have direct responsibility for the roles and authority of the chief administrative officer. Mayor Olson stated that Laurel's current form of government is controlled under general powers, which powers are given by statute in Montana Code Annotated. With self-governing powers, a city is given the authority to execute whatever is not prohibited in the general powers. With self-governing powers, there are otten questions of concern on the authority for levying taxes. That is still as proin~oitive as it is under the general powers. Mayor Oison gave an example of the City of Troy, Montana, which changed fi~m general powers to self-governing powers in order to mn a turbine to generate electricity to sell to a grid. Mayor Oison stated that the decision to change fxom general to self-governing powers has to be approved by the electorate, and he sees self-governing powers as a tool to help cities grow. He was on the commission ten years ago that reviewed the form of government and the strong mayor form of government was continued. He is a strong advocate for a strong mayor form of government. He asked the council to consider the strong mayor form with self- governing powers as an option to the manager form of government. There was discussion regarding the process, since the first reading of the ordinance was already adopted. Mayor Olson stated that the council has the charge to review and change the ordinance as needed prior to the second reading. The public hearing is scheduled for July 17th, and the second reading will be on the council agenda on August 7*. The proposed form of government approved on the second reading of the ordinance will be put on the ballot in November. The public will need to be educated regarding the proposal. Kate asked if the drat~ charter with the strong mayor self-governing powers follows the format of what the city tried to do with an administrative assistant but gets rid of the ambiguity of the position. Mayor Olson agreed and stated that self-governing powers would allow it to be clear. Staff will present the two options at the public hearing. · Airport Authority ismes (Council Member Poehls) Prior to the meeting, Doug Poehls distributed copies of a presentation he gave to the Laurel Airport Authority on June 26th, and a copy is available for review in the clerk's office. He stated that there have been questions about the Airport Authority, where it gets its authority, and to whom they are accountable. Doug stated thet, even though the Airport Authority has to abide by FAA regulations and is chartered by the Montana Aeronautics Commission, they have no regulatory control over the Airport Authority and cannot disband them. If issues deal with air traffic or air movements, the FAA has legal authority but they have no authority regarding how the airport is run. The Montana Aeronautics Commission is a repository for all aviation information. 3 Council Workshop Minutes of July 10, 2007 Doug stated that the Awport Authority is in existence because the City of Laurel and the council chose to create ma Airport Authority. He stated that there have been several different issues with the Airport Authority on the fact that they do not listen to or respond to hangar owners and quite ot~en do just the opposite of what hangar owners request them to do. There was a lengthy explanation and discussion regarding the Laurel Airport Authority and Doug's proposal for the southwest comer of the Laurel Airport to be designated as the Laurel Historic Airport. The an'port has applied for a $5,000 FAA grant for a Cultural Historical Study of the old airport in Laurel. Doug prepared the formal proposal, which included information on the history of tho airport, local area airports - historic hangars, two historic area proposals, a structural engineer's letter, architectural drawings of hangars, and a motion for action. Doug explained the two alternatives and the ongoing issues relating to the Laurel Airport Authority. Doug stated that the Airport Authority's charge is to promote, develop, and support aviation, according to the FAA regulations. The Airport Authority has proposed removal of the historic hangars to put in one industrial building, and Doug stated that is the question asked of the Airport Authority. The hangar owners are willing to make the 1950 era hangers look nice and well- kept. Doug explained some of the ongoing issues with the Laurel Airport Authority and stated that the council needed to be informed. Bob Redding, 1007 First Avenue, stated that the other hangar owners also have problems with the Laurel Airport Authority. Mayor Olson will invite the Airport Authority to present its perspective on the issues at a future council workshop. · Discussion regarding variance request at 1103 East Ma'm Street (Council Member Eaton) Emelie stated that her questions on this and the next issue were answered in the memo written by Sam Painter. The memo stated that "a resolution is a decision or the will of the city council on a particular matter or a particular issue." · Discussion regarding resolutions and ordinances (Council Member Eaton) The attorney's memo regarding resolutions and ordinances is attached to these council workshop minutes. There was no further discussion. Gay mentioned that the Soil Conservation District will conduct a Clean Up Week of the Yellowstone River from Gardiner to the North Dakota border fi:om July 22na through 27th. The Montana Youth Corp will clean up between Park City and Laurel on July 24a' and will stay at Riverside Park. He distributed brochures regarding the event. Norm recently canoed the river twice from Sportsmen's Park to Duck Creek. On one trip, he stopped at Riverside Park and spoke with some campers, who commented that Riverside Park is a great place. Mayor Olson stated appreciation for the work done in Riverside Park by the Public Works Department. Vonda mentioned a past conversation with some German people regarding the history of Riverside Park. Emelie asked regarding the need to provide wheelchair access~ility near the shelter at Thomson Park. Mayor Olson will look into the issue. Doug and Mayor Oison recently received phone calls regarding the siren, which does not work at this time. Mayor Oison will look into this issue. 4 Council Workshop Minutes of July 10, 2007 Governor Schweitzer will present a check for $750,000 to the City of Laurel on Wednesday, July 11', at 2:00 p.m. at the park by the FAP building. The TSEP grant was awarded to the city for projects at the wastewater treatment plant. The County Commissioners, Representative Kerns, Senator McGee, Carl Anderson, Morrison-Maierle, and Larry McCann have been invited to attend the presentation. Mayor Olson stated that a resolution authorizing the mayor to sign a contract with the Montana Department of Commerce Treasure State Endowment Program for the City's wastewater improvement project would be on the July 17th council agenda. Mayor Olson stated that Dr. Ken Weaver and Judy Mathre will be in Laurel on Friday at 3:00 p.m. for a staff meeting and on Saturday st 8:30 a.m. to meet with the council. Discussion will be regarding the proposed change in the form of government. Review of draft council agenda for July 17, 2007 · Public Hearings: o City of Laurel Water Facility Plan o Ordinance No. 007-08: Ordinance amending the form of Municipal Government in the City of Laurel. The resolution for the TSEP grant will be added to the July 17th council agenda. Attendance at the July 17th council meeting: Mark Mace will not attend. Announcements: Doug mentioned that the Community Assessment Sessions will be held in the council chambers at city hall on Wednesday and Thursday. The session for the city council is scheduled on Thursday from 9:15 to 10:15 a.m. The council workshop adjourned at 8:06 p.m. Respectfully submitted, Cindy Allen Council Secretary NOTE: This meeting is open to the public. This meeting is for information and discussion of the Council for the listed workshop agenda items. ELK RIVER LAW OFFICE, P.L.L.P. Attorneys at Law Majel M. Russell Sam S. Painter Nancy L. Rohde Office: (406) 259-8611 Facsimile: (406) 259-3251 elkriverlaw~elkriverlaw.com P.O. Box 928 3317 3ra Avenue North Billings, MT 59103-0928 MEMORANDUM TO: FROM: RE: DATE: Mayor Kenneth E. Olson, Jr. City Council Members Sam S. Painter, Legal Counsel Resolutions vs. Ordinances July 10, 2007 I have been asked to provide an explanation regarding the distinction between Resolutions and Ordinances for the City Council. Both Montana Law and thc City Code provide a definition of each that is useful for discussion: An "Ordinance" is defined as an act adopted and approved by a municipality, having effect only within the jurisdiotion of the local government. MCA § 7-1-4121(12). Ordinance is further defined as the law of the city, Chapter 1.04, § 1.04.010, LMC. A "Resolution" is defined as a statement of policy by the govern'rog body or an order by the governing body that a specific act or action be taken. MCA § 7-1-4121(22). In Montana, a city or town council has the following general powers: General powers of municipal council The city or town council has power to make and pass all bylaws, ordinances, orders, and resolutions not repugnant to the constitution of the United States or of the state of Montana or to the provisions of this title, necessary for the government or management of the affairs of a city or town, for the execution of the powers vested in the body corporate, and for carrying into effect the provisions of this title. MCA § 7-5-4101. Historically the term ordinance has been used in various ways since the earliest of times. In the United States, the term is used to designate a local law of a municipal corporation, duly enacted by the proper authorities, proscribing general, uniform and permanent rules of conduct relating to the corporate affairs of the municipality. Little v. State of North Miami, 624 F. Supp. 768 (Southern Dist. ofF1. 1985). Similar definitions are utilized in Black's Law Dictionary as well as McQuilians on Municipal Corporations, a leading Treatise in this area of law. The term "by-laws" or bylaws have been utilized interchangeably with the term ordinance. As a result, the meanings have become synonymous and interchangeable. National Bank of Commerce v. Town of Granada, 10 U.S. Appeals 692, 54 F. 1000, also Bills v. Goshen, 117 Indiana 221, 20 N.E. 115. A Resolution is not an Ordinance. A Resolution typically denotes something less formal than and not rising to the dignity of an ordinance. A Resolution basically includes all actions of the municipal body other than ordinances. Woodhull v. Manahan` 85 NJ. Super 157. In other words, it is generally and broadly stated that all acts that are done by a municipal corporation in its ministerial capacity and for a temporary purpose may be put in the form of a resolution. Matlers on which municipal corporations desire to legislate must be put in the form of ordinances. Little v. City of North Miami, 805 F.2d 962 (9t~ Cir. 1986). Importantly, it is generally accepted that resolutions, motions and orders are all synonymous see Allen v. Wise, 204 Ga. 415. Therefore, in practice, cities and municipalities act in two ways, through resolutions and ordinances. In the simplest terms, a resolution is a decision or the will of the city council on a particular matter or a particular issue. An ordinance is a legislative decision of the city council that constitutes the "law of the jurisdiction" requiring both publication and codification since it is generally applied to everyone throughout the jurisdiction of the city.