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HomeMy WebLinkAboutCouncil Workshop Packet 03.26.2019 AGENDA CITY OF LAUREL CITY COUNCIL WORKSHOP TUESDAY, MARCH 26, 2019 6:30 PM COUNCIL CHAMBERS Public Input: Citizens may address the Council regarding any item of City business that is not on tonight’s 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. If a citizen would like to speak or comment regarding an item that is on tonight’s agenda, we ask that you wait until the agenda item is presented to the Council by the Mayor and the public is asked to comment by the Mayor. Once again, each speaker is limited to three minutes. Be advised, if a discussion item has an upcoming public hearing, we would request members of the public to reserve your comments until the public hearing. At the public hearing, the City Council will establish an official record that will include all of your comments, testimony and written evidence. The City Council will base its decision on the record created during the public hearing. Any comments provided tonight will not be included in the recor d or considered by the City Council. General Items 1. Appointment - Laurel Police Officer (Ryan Sedgwick) Executive Review 2. Resolution - A Resolution Of The City Council Authorizing The Mayor To Sign A Contract With The Billings Family YMCA For The Operation And Management Of The City Of Laurel Municipal Pool. 3. Resolution No. R19-07: A Resolution Of The City Council Authorizing The Developer Of Iron Horse Station Subdivision To Install A Stormwater Pond Within Dedicated Parkland Within The Subdivision Pursuant To LMC 16.40.040. 4. Resolution No. R18-84: A Resolution Of The City Council Granting Permission For A Property Owner to Utilized Decorative Gravel And Rock Along A Portion Of The Boulevard Adjacent To The Owner's Property Located In The City Of Laurel. 5. Resolution - A Resolution Of The City Council Authorizing The Property Owner At 519 5th Avenue To Utilize The Boulevard Adjacent To The Property For Storage Of Materials Until The Weather Allows The Owner’s Project To Proceed. Council Issues 6. Ordinance No. O19-01: An Ordinance Amending Title 2, Chapters 2.08, 2.12, And 2.60 Of The Laurel Municipal Code For The Purpose Of Clarifying That Current City Employees Are Not Eligible To Serve As Members Of City Committees And Commissions Or To Serve As Elected City Officers In Accordance With Montana Law. Other Items Review of Draft Council Agendas 7. Review Draft Council Agenda for April 2, 2019. Attendance at Upcoming Council Meeting Announcements The City makes reasonable accommodations for any known disability that may interfere with a person’s ability to participate in this meeting. Persons needing accommodation must notify the City Clerk’s O ffice to make needed arrangements. To make your request known, please call 406-628-7431, Ext. 2, or write to City Clerk, PO Box 10, Laurel, MT 59044, or present your request at City Hall, 115 West First Street, Laurel, Montana. DATES TO REMEMBER - Page 1 - - Page 2 - R19-__ YMCA Pool Operation and Management Contract RESOLUTION NO. R19-__ A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO SIGN A CONTRACT WITH THE BILLINGS FAMILY YMCA FOR THE OPERATION AND MANAGEMENT OF THE CITY OF LAUREL MUNICIPAL POOL. BE IT RESOLVED by the City Council of the City of Laurel, Montana: Section 1: Approval. The Contract between the City of Laurel and the YMCA for the operation and management of the Laurel City Pool, a copy attached hereto, is hereby approved. Section 2: Execution. The Mayor and City Clerk of the City of Laurel are hereby given authority to execute said contract on behalf of the City. Introduced at a regular meeting of the City Council on ____________, by Council Member ________________. PASSED and ADOPTED by the City Council of the City of Laurel, M ontana, this ____day of______________. APPROVED by the Mayor this __ day of ______________, 2019. CITY OF LAUREL ______________________________ Thomas C. Nelson, Mayor ATTEST: _______________________________ Bethany Langve, Clerk-Treasurer APPROVED AS TO FORM: _______________________________ Sam Painter Civil City Attorney - Page 3 - - Page 4 - - Page 5 - - Page 6 - - Page 7 - - Page 8 - - Page 9 - Item Attachment Documents: 3. Resolution No. R19-07: A Resolution Of The City Council Authorizing The Developer Of Iron Horse Station Subdivision To Install A Stormwater Pond Within Dedicated Parkland Within The Subdivision Pursuant To LMC 16.40.040. - Page 10 - R19-07 Approve Iron Horse Subdivision Storm Water Pond RESOLUTION NO. R09-07 A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE DEVELOPER OF IRON HORSE STATION SUBDIVISION TO INSTALL A STORMWATER POND WITHIN DEDICATED PARKLAND WITHIN THE SUBDIVISION PURSUANT TO LMC 16.40.040. WHEREAS, pursuant to LMC 16.40.040 the City Council may authorize the construction or installation of stormwater ponds within public parkland if the stormwater pond constitutes an amenity to the park; and WHEREAS, the developer of Iron Horse Subdivision requested permission to install a stormwater pond within the subdivision which will subsequently be utilized as an amenity as future development occurs; and WHEREAS, the City’s Park Board considered the request and has approved such request, and further recommends approval of the same by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana, that the City Council hereby approves the installation and/or construction of a stormwater pond in the parkland area as described and shown on the attached exhibits which are attached hereto and by this reference made a part of this resolution. Introduced at a regular meeting of the City Council on April 2, 2019, by Council Member _____________. PASSED and APPROVED by the City Council of the City of Laurel this 2nd day of April 2019. APPROVED by the Mayor this 2nd day of April 2019. CITY OF LAUREL ___________________________ Thomas C. Nelson, Mayor ATTEST: _______________________________ Bethany Langve, Clerk-Treasurer Approved as to form: ______________________________ Sam S. Painter, Civil City Attorney - Page 11 - - P a g e 1 2 - - P a g e 1 3 - - P a g e 1 4 - Item Attachment Documents: 4. Resolution No. R18-84: A Resolution Of The City Council Granting Permission For A Property Owner to Utilized Decorative Gravel And Rock Along A Portion Of The Boulevard Adjacent To The Owner's Property Located In The City Of Laurel. - Page 15 - RESOLUTION NO. R18-84 A RESOLUTION OF THE CITY COUNCIL GRANTING PERMISSION FOR A PROPERTY OWNER TO UTILIZE DECORATIVE GRAVEL AND ROCK ALONG A PORTION OF THE BOULEVARD ADJACENT TO THE OWNER'S PROPERTY LOCATED IN THE CITY OF LAUREL. WHEREAS, the owner of the property located at 519 5`h Avenue, in the City of Laurel, desires to change a portion of the boulevard located along the 6`h Street portion of his property from grass to decorative gravel and rock; and WHEREAS, Chapter 12.32.010 of the Laurel Municipal Code Laurel currently requires all boulevard's to be kept in grass and trees unless specific permission is granted for other purposes; and WHEREAS, the property owner has filed a written request, in the attached letter which is hereby incorporated herein, seeking the City Council's permission to install decorative gravel and rock instead of the existing grass in the boulevard along the 6`h Street portion of his property; and WHEREAS, based on the location of the request, the City Council finds no reason to deny the request since the overall purpose of the City Code will remain unaffected regardless of the exception granted the property owner. NOW THEREFORE BE IT RESOLVED the City Council of Laurel hereby grants permission, pursuant to Chapter 12.32.010 of the Laurel Municipal Code, to the property owner at 519 5th Avenue, Laurel Montana, to change a portion of the boulevard located along 6`h Street near the property from grass to decorative gravel and rock; and BE IT FURTHER RESOLVED, if the property owner removes the gravel and rock, he/she shall return the same to grass. Tree Planting shall be in accordance with the Laurel Municipal Code. Introduced at a meeting of the City Council on December 4, 2018, by Council Member PASSED and ADOPTED by the City Council of the City of Laurel, Montana, this 4`h day of December 2018. CITY OF LAUREL IaWc\ Thomas C. Nelson, Mayor ATTEST: Bethany Langve, Clerk -Treasurer APPROVED AS TO FORM: Sam Painter Civil City Attorney R18-84 Permission for Alternative Boulevard Maintenance at 519 5th Avenue t— c> - Page 16 - CODE ENFORCEMENT FIELD NOTES Date: 10/16/2018 No.: 18-10207 Location: 519 51h Avenue Legal Description: Township: 02S Range: 24 E Section: 09 Subdivision: Laurel Heights Block: 14 Lot(s): 11-12 Geo Code: 03-0821-09-3-38-07-0000 COS: Tax ID: B00695 Owner: George H & Joey D Eastman 406-281-0122 Address: 519 5t" Avenue Laurel MT 59044-2311 151 Inspection:- 10/16/18: Inspection finds that the piles of rock that had been reported on September 25, 2018 still remain on the boulevard constituting storage on the boulevard in violation of LMC §12.32.010. 1 photo taken 10/24/18: Call from George stating that he was taking out the grass and replacing it with gravel and rock on his boulevard along the W. 6th Street side back to the alley. I stated that he would need to send letter to City Council to get permission to allow him to do so as this is what the LMC states. He stated that he would do so and requested an extension until he finds out if possible. Extension granted. 11/9/18: Per Brittney Moorman the request has been placed on the 11/27/18 agenda for City Council. Notice Sent: 10/17/18 Follow -Up Date: 2118 Inspection: Notice Sent: Certified: Follow -Up: Follow -Up Date: Violation Resolution: Compliance: Citation: No Violation: - Page 17 - J"k ez tL-. - Page 18 - Chapter 12.32 TREES AND BOULEVARDS* Sections. 12.32.010 Boulevards to be kept in Authority of adjoining grass and trees. 12.32.020 Boulevards—Regulation of care for trees on boulevard trees on. 12.32.030 Cottonwood trees Removal, cutting and prohibited. 12.32.040 Definitions. 12.32.050 Creation and house mover, permit establishment of a city tree required. board. 12.32.060 Term of office. 12.32.070 Compensation. 12.32.080 Duties and responsibilities. 12.32.090 Operation. 12.32.100 Tree species to be planted. Review by the city council. 12.32.300 12.32.110 Spacing. 12.32.120 Distance from curb and sidewalk. 12.32.130 Distance from street corners and fireplugs. 12.32.140 Utilities. 12.32.150 Public tree care. 12.32.160 Pruning standards. 12.32.170 Tree topping. 12.32.180 Pruning and corner clearance. 12.32.190 Dead or diseased tree removal on private prop". 12.32.200 Protection of trees. 12.32.210 Interference with the city tree board. 12.32.220 Arborlst's license and bond. 12.32.030 12.32.230 Authority of adjoining property owner to plant or care for trees on boulevard or parkways. 12.32.240 Removal, cutting and injury. 12.32.250 Interference with trees by house mover, permit required. 12.32.260 Procedure for temporary removal. 12.32.270 Insects and diseases— Declared nuisance. 12.32.280 Spraying. 12.32.290 Review by the city council. 12.32.300 Violation—Penalty. Prior code history: Prior code % 11.36.010,20.12.010 and 20,12.020. 12.32.010 Boulevards to be kept in grass and trees. All boulevard areas must be kept in grass and trees unless specific permission is granted by the city councit for other pur- Mses.N`nperso nat ii igto comply or vin I=g the provisions of this section shall be deemed guilty of a misdemeanor. (Ord. 05-1 part), 2005) 12.32.020 Boulevards ---Regulation of trees on. The owner of property adjoining a bou- levard shall be responsible for the care and maintenance of the boulevard and he shall keep the trees planted thereon trimmed and in a condition so that the same shall not be a public nuisance; and, if necessary for the city to remove any trees from such boule- vard, the costs of such removal shall be assessed against the abutting property owner. Ord. 05-1 (part), 2005) 12.32.030 Cottonwood trees prohibited. No cottonwood trees shall be planted or allowed to grow on private property or 257 SupA W, 4 - Page 19 - - Page 20 - 1zm12o/e Laurel,wnCode ofOrdinances 12,16.U1O-Encumbering orobstructing streets—Permit required. No person shall encumber or obstruct, or cause to be encumbered or obstructed, any street, sidewalk, alley or other public place in the city by placing therein or thereon any building materials, trash, vehicle, earth, garbage, rubbish, debris, or accumulated snow and ice removed from an adjoining private premises, without first having obtained permission in writing from the city clerk -treasurer, or other responsible city 12.16.02O'Removal ofobstruction—Authority toorder. The city engineer0r[hieƒofpo/iceisauthorizedtoorderanyarddeo[thing,ofthekindrnentonedin Section 12.16.010 which encumbers, litters o[obstructs any street, sidewalk, alley OFother public place within the city, to be removed. if such removal shall not be made within six hours after notice to the owner or person in charge thereof, or if the owner cannot be readily found for the purpose of the notice, the city shall cause the same to be removed to some suitable place to be designated by such official, at the expense ofthe person responsible therefor. Prior code §11.12120) 1n - Page 21 - Item Attachment Documents: 5. Resolution - A Resolution Of The City Council Authorizing The Property Owner At 519 5th Avenue To Utilize The Boulevard Adjacent To The Property For Storage Of Materials Until The Weather Allows The Owner’s Project To Proceed. - Page 22 - R19-___ Permission for Storage of Rock and Materials on the Boulevard at 519 5th Avenue RESOLUTION NO. R19-___ A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE PROPERTY OWNER AT 519 5TH AVENUE TO UTILIZE THE BOULEVARD ADJACENT TO THE PROPERTY FOR STORAGE OF MATERIALS UNTIL THE WEATHER ALLOWS THE OWNER’S PROJECT TO PROCEED. WHEREAS, the owner of the property located at 519 5th Avenue, in the City of Laurel, desires to change a portion of the boulevard located along the 6th Street portion of his property from grass to gravel and rock; and WHEREAS, Chapter 12.32.010 of the Laurel Municipal Code Laurel currently requires all boulevard’s to be kept in grass and trees unless specific permission is granted for other purposes; and WHEREAS, the property owner has filed a written request seeking the City Council’s permission to install decorative gravel and rock instead of the existing grass in the boulevard along the 6th Street portion of his property; and WHEREAS, the property owner requests authority to store the gravel and rock upon the boulevard until the weather improves to enable the owner’s project to proceed. NOW THEREFORE BE IT RESOLVED the City Council of Laurel hereby grants permission to the property owner at 519 5th Avenue, Laurel Montana, to store the rock and gravel on the boulevard until the City Council makes a decision on the owner’s request to utilize gravel and rock. BE IT FURTHER RESOLVED, if the City Council declines to approve the property owner’s request, the he shall remove the stockpiled material within forty five days of the City Council’s decision. Introduced at a meeting of the City Council on _____________, 2019, by Council Member _____________. PASSED and ADOPTED by the City Council of the City of Laurel, Montana, this __ day of _____________ 2019. CITY OF LAUREL ______________________________ Thomas C. Nelson, Mayor ATTEST: _______________________________ Bethany Langve, Clerk-Treasurer APPROVED AS TO FORM: _______________________________ Sam Painter Civil City Attorney - Page 23 - Item Attachment Documents: 6. Ordinance No. O19-01: An Ordinance Amending Title 2, Chapters 2.08, 2.12, And 2.60 Of The Laurel Municipal Code For The Purpose Of Clarifying That Current City Employees Are Not Eligible To Serve As Members Of City Committees And Commissions Or To Serve As Elected City Officers In Accordance With Montana Law. - Page 24 - Ordinance No. O19-01: LMC, Title 2, Chapters, 2.08, 2.12, and 2.60 ORDNANCE NO O19-01 AN ORDINANCE AMENDING TITLE 2, CHAPTERS 2.08, 2.12, AND 2.60 OF THE LAUREL MUNICIPAL CODE FOR THE PURPOSE OF CLARIFYING THAT CURRENT CITY EMPLOYEES ARE NOT ELIGIBLE TO SERVE AS MEMBERS OF CITY COMMITTEES AND COMMISSIONS OR TO SERVE AS ELECTED CITY OFFICERS IN ACCORDANCE WITH MONTANA LAW. WHEREAS, the City Council desires to keep the Laurel Municipal Code current by modifying and updating chapters, sections and subsections to address situations and problems within the City and to remain in accordance with Montana law; and WHEREAS, Montana law specifically prohibits employees of a city, town or county from serving in elected positions since the positions of employees and elected officials are incompatible as a matter of law; and WHEREAS, the City of Laurel’s LMC requires an amendment to clarify the Montana law as related to the doctrine of incompatible positions to avoid future issues; and WHEREAS, upon request of the Mayor, the ordinance amendments were prepared to be adopted and incorporated into the existing Title 2 as noted herein and the Mayor hereby recommends the same to the City Council for their full approval as follows: 2.08.240 Standing committees. At the first regular meeting of the council, after the first Monday in January following a city election, the mayor shall appoint standing committees as follows: A. Public Works; B. Budget and Finance; C. Emergency Services; D. Human Relations. Each committee shall consist of not more than four councilpersons and such other private individuals as the mayor shall appoint. All appointments shall be approved by a majority of the council. City employees are not eligible to serve as members on City Standing commitees. (Ord. 99-24, 1999: Ord. 1012, 1992: prior code § 2.12.170) 2.08.250 Special committees. The mayor shall from time to time appoint such other standing or temporary committees of the council as shall be authorized, for any purpose by a majority vote of the council. City employees are not eligible to serve as members on City Special commitees.(Prior code § 2.12.180) 2.12.020 Elective and appointive offices. The elective officers offices of the city consist of one mayor, two aldermen from each ward, and one city judge, who must be elected by the qualified electors of the city as provided in M.C.A. § 7-4-4102. There may also be appointed offices that are appointed by the mayor, with the advice and consent of the council, one city clerk-treasurer, who is ex officio city assessor, director of public works, assistant director of public works, engineer, maintenance director, public utilities director, and any other officer necessary to carry out the provisions of this title. The city council may prescribe the duties of all city officers and fix their compensation subject to the limitations contained in the city ordinances and state law. (Ord. 02-7, 2002: Ord. 97-2 § 1, 1997: Ord. 1000, 1991: prior code § 2.04.020) - Page 25 - Ordinance No. O19-01: LMC, Title 2, Chapters, 2.08, 2.12, and 2.60 2.12.030 Eligibility to elective office. No person is eligible to any elective office who is a current employee of the city, not a citizen of the United States and who has not resided in the city or an area which has been annexed thereto for at least two years immediately preceding his election and who is not a qualified elector thereof. (Prior code § 2.04.030) 2.60.100 Police commission—Appointment—Terms and conditions of office. The mayor shall nominate, with the consent of the council, three residents of the city, who shall have the qualifications required by law to hold a city board to be known by the name of “police commission,” and who shall hold office for three years. City employees and individuals serving in city elected offices are not eligible to serve as Police commission members. One member of such board must be appointed annually at the first meeting of the council in May of each year. (Prior code § 2.20.150) This Ordinance shall become effective thirty (30) days after final passage by the City Council and approved by the Mayor. Introduced and passed on first reading at a regular meeting of the City Council on _____________, 2019, by Council Member ___________. PASSED and ADOPTED by the Laurel City Council on second reading this ________day of April upon motion of Council Member __________________. APPROVED BY THE MAYOR this 2nd day of April 2019. CITY OF LAUREL ___________________________ Thomas C. Nelson, Mayor ATTEST: _______________________________ Bethany Langve, Clerk-Treasurer Approved as to form: ______________________________ Sam S. Painter, Civil City Attorney - Page 26 - ATTORNEY GENERAL Tim Fox Attorney General May 4, 2018 Brian J. West City Attorney Town of Stevensville P.O. Box 30 Stevensville, MT 59870 STATE OF MONTANA Re: Request for guidance -doctrine of incompatible offices Dear Mr. West: Department of Justice Joseph P. Mazurekjustice Bldg . 215 North Sanders P.O. Box 201401 Helena, MT 59620-1401 On behalf of the Town of Stevensville, you have requested "legal guidance" under facts which indicate the "doctrine of incompatible offices." Because your question is answered in cases and Attorney General Opinions that your research revealed, as well as others, we provide a letter of advice. This is not a formal Attorney General Opinion and should not be presented as such. As explained in Klick v. Wittmer, 50 Mont. 22, 24-25, 144 P. 648 , 649-50 (Mont. 1914) (which you cite), offices are incompatible when one has power of removal of the other, when one is in any way subordinate to the other, when one has power of supervision over the other, or when the nature of the duties of the two offices are such as to render it improper, from considerations of public policy, for one person to retain both. In this situation. the recently elected Mayor of Stevensville was at the time of election also a fireman in the town 's volunteer fire department. Under T itle 7 of the Montana Code Annotated -Local Government -the mayor exercises appointment authority for the fire chief, assistant chief and all firefighters. Mont. Code Ann. §7-33-4106, cited in your request. The mayor may also suspend the chief, assistant chief or any firefighter for neglect of duty. Jd at § 4122. The hearing procedure after suspension is detailed in Mont. Code Ann. §7-33-4124 . After hearing, the firefighter may be removed. Id. at § 4124(4). The request points out that the mayor has no statutory authority to remove a firefighter, but the mayor may certainly suspend a firefighter and initiate the removal process. Under Klick and the statutes, the mayor arguably has "power of removal" over firefighters by initiating the process with a suspension. As such, firefighters are subordinate to the mayor. The doctrine exp lained in TELEPHONE, (406) 444-2026 FAX, (406) 444-3549 E-MAIL contactdoj@mt.gov WEB, mtdoj.gov MONTANA DEPARTMENT OF JUSTICE Legal Se rvices Divis ion • Division of Criminal Inve st igation * Highway Patrol Division * Fo re n sic Sc ience Divi s io n Gambling Control Division * Motor Vehicle Divi sion * Information Technology Services Division * Central Services Division - Page 27 - Brian West May 4, 2018 Page 2 Klick is still recognized. See Zunski v. Frenchtown Rural Fire Dep 't Ed. of Trs. , 2013 MT 258 ~~ 20-21. As stated in 43 Op. Att'y Gen. No. 47 (1989), "the operation of the doctrine of incompatible offices is quite simple. Acceptance of a second public office incompatible with a current public position operates as an implied resignation from the latter position." Id. at 165, citing Klick. The facts of that AGO involved one person being a board member of both a volunteer fue department and a fire service area board. The two entities were separate goverrunent entities, and one was not dependent upon the other for creation or continued existence. In 27 Op. Att'y Gen. No. 81 (1958), one person being both a deputy school superintendent and a deputy probation officer did not violate the doctrine , since one did not control the other. "Plainly the deputy probation officer has no authority or power to supervise the deputy superintendent of schools or appoint or remove her from office or vice versa ." Id. at 177. However, 46 Op. Att 'y Gen . No . 26 (1996) determined that one person cannot be both a county commissioner and the county coordinator of disaster and emergency services, since "the commissioners have the power of supervision, revision, and removal over the position of DES coordinator." Id. at 2. The Missoula City Attorney also relies on Klick in this regard. See Legal Opinion 201 1-00 I, attached, which determined that a city employee may not also serve as a city council member. These last two opinions are most analogous to the situation that you have described in Stevensville. Under these authorities, because the mayor has appointment and suspension control over firefighters, the doctrine of incompatible offices as explained in Klick applies, preventing the recently elected mayor from maintaining his position as a firefighter in Stevensville's volunteer fire department. Again, this letter is in re~onse -to-Y0ll.lrequest for a letter of advice, is nota formal Opinion of the A tomey-Gener and-snould not be presented as an Attorney General OpmlOn. Very trul y your I '--=P-A T==RICK M . RISKEN encl. - Page 28 - · \ TO: cc: FROM: DATE RE: FACTS: OFFICE OF THE CI TY ATTORNEY 435 Ryman· Missoula MT 59802 (406) 552·6020. Fax: (406) 327·2105 ilttoroey@cj missoula mt .us Legal Opinion 2011·001 John Engen. Mayor; City Council; Bruce Bender, Chief Administrative Officer; Brentt Ramharter. Finance Director; Dept. City Clerk; Dept. Human Resources Legal Staff Jim Nugent, City Attorney January 7 .2011 A city employee may not simultaneously serve as a city council member pursuant to the legal doctrine of incompatible offices Ward 2 currently has a vacant city council position after the resignation of Roy Houseman. Reportedly, a city employee has expressed interest in appointment to fill the vacant position. I SSUE: Maya city employee simultaneously serve as a city council member? CONCLUSION: No, pursuant to the legal doctrine of incompatible offices, a city employee may not simultaneously serve as a city co uncil member. LEGAL DISCUSSION: The Montana Attorney General held a city public works employee or director cannot be a member of the city council. 47 Op. Att'y Gen. 19 (1998). Pursuant to Mont. Code Ann. § 2· 15·501(7) "the attorney general's opinion is controlling unless overruled by a state district court or the supreme court." - Page 29 - · , .- In his 1998 opinion, Attorney General Joe Mazurek stated in pertinent part: As noted in Mr. Bums' letter, the question of whether a city employee sitting on the city council presents a conflict of interest was previously addressed in 41 Op. Att'y Gen. No . 81 (1986). In that opinion, former Attorney General Mike Greely held that there is no inherent conflict of interest when an employee of the City of Glendive is also an elected member of the city council. That opinion provides the controlling answer to Mr. Bums' initial question regarding a possible conflict of interest. However, adoption of a conflict-of-interest statute in· no way abrogates the common law rule against the holding of incompatible positions. Tamo v. Bowman Pub. Sch. Dis!. No. 1, 232 N.W.2d 67, 71 (N.D. 1975). Because I conclude that the doctrine of incompatible offices prevents a public works employee or director from serving as a city council member, as well as a hospital employee from serving as a trustee of the hospital district, it is not necessary to further analyze the conflict of interest issue. The Montana Supreme Court has recognized that two offices are incompatible when one has the power of removal over the other, when one is in any way subordinate to the other, when one has the power of supervision over the other, or when the nature and duties of the two offices are such as to render it improper, from considerations of public policy, for one person to retain both. State ex rei. Klick v . Wittmer, 50 Mont. 22,144 P. 648 (1914). The doctrine of incompatible public offices eliminates the public policy concerns inherent in the simultaneous holding of multiple public offices or positions by: (1) preventing multiple position-holding, so that offices and positions of public trust do not accumulate in a single person; (2) preventing individuals from deriving, directly or indirectly, any pecuniary benefit by virtue of their dual position-holding; (3) avoiding the inherent conflict which occurs when an employee's elected position has revisory power over the employee's superior in another position; and (4) ensuring, generally, that public officeholders and public employees discharge their duties with undivided loyalty. 46 Op . Att'y Gen. No. 26 (1996), citing 43 Op. Att'y Gen. No. 47 at 165 (1989), which cites Acevedo v. City of North Pole, 672 P.2d 130. 134 (Alaska 1983). In46 Op. Att'y Gen . No . 26, I also concluded that the common law doctrine of incompatible public offices applies to public employees, as well as to public office holders. and that a county employee appointed by a board of county commissioners and paid by the county cannot serve on the board of commissioners for the same county. -2- - Page 30 - .. . . The common-law doctrine of incompatibility extends to positions of public employment as well as public offices. See. c.g., Otradovec v. City of Green Bay, 347 N . W.2d 614 (Wis. Ct. App. 1984). As the Wyoming Supreme Court has stated, it is "inimical to the public interest for one in public employment to be both the employer and the employee or the supervisor and the supervised." Thomas v. Dremmei, 868 P.2d 263, 264 (Wyo. 1994), quoting Haskins v. State ex reI. HarrinL>ton, 516 P.2d 1171 (Wyo. 1973). 46 Op. Att'y Gen. No. 26. 47 Op. Att'y Gen. 19 (1998) (copy attached). CONCLUSION: No, pursuant to the legal doctrine of incompatible offices, a city employee may not simultaneously serve as a city council member. -3- - Page 31 - Item Attachment Documents: 7. Review Draft Council Agenda for April 2, 2019. - Page 32 - AGENDA CITY OF LAUREL CITY COUNCIL MEETING TUESDAY, APRIL 02, 2019 6:30 PM COUNCIL CHAMBERS NEXT RES. NO. R19-10 NEXT ORD. NO. O19-02 WELCOME . . . By your presence in the City Council Chambers, you are participating in the process of representative government. To encourage that participation, the City Council has specified time s for citizen comments on its agenda -- once following the Consent Agenda, at which time citizens may address the Council concerning any brief community announcement not to exceed one minute in duration for any speaker; and again following Items Removed fro m the Consent Agenda, at which time citizens may address the Council on any matter of City business that is not on tonight’s agenda. Each speaker will be limited to three minutes, unless the time limit is extended by the Mayor with the consent of the Coun cil. Citizens may also comment on any item removed from the consent agenda prior to council action , with each speaker limited to three minutes, unless the time limit is extended by the Mayor with the consent of the Council. If a citizen would like to comment on an agenda item, we ask that you wait until the agenda item is prese nted to the Council by the Mayor and the public is asked to comment by the Mayor. Once again, each speaker is limited to three minutes. Any person who has any question concerning any agenda item may call the City Clerk-Treasurer's office to make an inquiry concerning the nature of the item described on the agenda. Your City government welcomes your interest and hopes you will attend the Laurel City Council meetings often . Pledge of Allegiance Roll Call of the Council Approval of Minutes Approval of Minutes of March 19, 2019. Correspondence Council Disclosure of Ex Parte Communications Public Hearing Consent Items NOTICE TO THE PUBLIC The Consent Calendar adopting the printed Recommended Council Action will be enacted with one vote. The Mayor will first ask the Council members if any Council member wishes to remove any item from the Consent Calendar for discussion and consideration. The matters removed from the Consent Calendar will be considered individually at the end of this Agenda under "Items Removed from the Consent Calendar." (See Section 12.) The entire Consent Calendar, with the exception of items removed to be discussed under "Items Removed from the Consent Calendar," is then voted upon by roll call under one motion. Claims for the month of March 2019. 3. Clerk/Treasurer Financial Statements for the month of February 2019. 4. Approval of Payroll Register for PPE 3/24/2019 totaling $___________. 5. Receiving the Committee/Board Minutes into the Record. Ceremonial Calendar Reports of Boards and Commissions Audience Participation (Three-Minute Limit) Citizens may address the Council regarding any item of City business that is not o n tonight’s agenda. Comments regarding tonight’s agenda items will be accepted under Scheduled Matters. The duration for an individual speaking under Audience Participation is limited to three minutes. While all comments are welcome, the Council will not take action on any item not on the agenda. Scheduled Matters - Page 33 - 6. Laurel Police Department: Ryan Sedgwick o Swearing-in Ceremony 7. Resolution - A Resolution Of The City Council Authorizing The Mayor To Sign A Contract With The Billings Family YMCA For The Operation And Management Of The City Of Laurel Municipal Pool. 8. Resolution No. R19-07: A Resolution Of The City Council Authorizing The Developer Of Iron Horse Station Subdivision To Install A Stormwater Pond Within Dedicated Parkland Within The Subdivision Pursuant To LMC 16.40.040. 9. Resolution No. R18-84: A Resolution Of The City Council Granting Permission For A Property Owner to Utilized Decorative Gravel And Rock Along A Portion Of The Boulevard Adjacent To The Owner's Property Located In The City Of Laurel. 10. Resolution - A Resolution Of The City Council Authorizing The Property Owner At 519 5th Avenue To Utilize The Boulevard Adjacent To The Property For Storage Of Materials Until The Weather Allows The Owner’s Project To Proceed. Items Removed From the Consent Agenda Community Announcements (One-Minute Limit) This portion of the meeting is to provide an opportunity for citizens to address the Council regarding community announcements. The duration for an individual speaking under Commun ity Announcements is limited to one minute. While all comments are welcome, the Council will not take action on any item not on the agenda. Council Discussion Council members may give the City Council a brief report regarding committees or groups in which they are involved. Mayor Updates Unscheduled Matters Adjournment The City makes reasonable accommodations for any known disability that may interfere with a person’s ability to participate in this meeting. Persons needing accommodation must notify the City Clerk’s Office to make needed arrangements. To make your request known, please call 406-628-7431, Ext. 2, or write to City Clerk, PO Box 10, Laurel, MT 59044, or present your request at City Hall, 115 West First Street, Laurel, Montana. DATES TO REMEMBER - Page 34 -