MONROE - An Extraterritorial Zoning ordinance between the city and town of Monroe faces another delay, as committee members deal with questions about its legality to meet, boundaries and future expansions.
A motion by Ron Spielman to recommend the ordinance to the city's Judiciary and Ordinance Committee failed to receive a second.
City of Monroe/Town of Monroe ETZ Committee member Alois Mayer moved to postpone the vote until more questions could be answered. The motion was seconded by Steve Digman, and was passed. Paul Sniff was absent.
City Administrator Mark Vahlsing reported to the Monroe Plan Commission Wednesday night that he does not know what will happen with the Extraterritorial Zoning (ETZ) ordinance that has been forming in committee for two years.
At the ETZ committee meeting earlier in the evening, Vahlsing asked township members of the committee for a list of wants.
"Can you make a list of what you want, so we can get this ended, because it keeps going on and on," Vahlsing said. "Let's get it passed or - I hate to say it - turned down."
Several residents from Sylvester and Clarno townships also attended the City of Monroe/Town of Monroe Joint ETZ Committee meeting to see if the ordinance would pass.
But before taking any action, Chairperson Nate Klassy chose to reopen a public hearing begun Dec. 6.
One resident from Sylvester, Robert Rufi, who owns land in Monroe township, questioned whether the extension of the life of the committee was valid.
Rufi contended that the intent of the original interim ETZ regulations, under which the ETZ committee exists, expired Nov. 1. The Monroe City Council voted after a public hearing Nov. 6 to extend the sunset, or expiration date, to May 31, 2008.
Rufi stated that he believed the state statutes gave the council "no authority to extend" after the expiration.
"How can you extend something that has expired?" Rufi asked the committee.
Vahlsing said that he and the council were acting on the advice of city attorney Rex Ewald.
"He (Ewald) felt it could be extended after the expiration," Vahlsing said.
The ETZ ordinance is a city ordinance, and because the extension was an action of the city, the city attorney ruled on it, Vahlsing said.
"You're interpreting it (state statute) one way; he interpreted it another way. There probably isn't any perfect answer for this," Vahlsing said.
Angela MacLennan, of Voegeli, Ewald and Barthoff law offices, said the original ordinance, published Nov. 8, 2005, would have become effective Nov. 9, according to Monroe City Clerk Carol Stamm.
Vahlsing said he would seek clarification from Ewald, but Rufi said he felt a third-party attorney should be used to determine the language of the statute in question.
Other questions came from committee member Mayer, chairman of Monroe township.
Mayer asked how building inspections and permits were to be processed between the town and the city.
Vahlsing and Klassy explained that the township would still issue permits, which would then go to the city for zoning purposes only. The township and county would still handle driveway and septic permits.
City building inspector Dave Powers who would become zoning administrator under the ETZ ordinance, said he would need a copy of a driveway permit, and a completed form for zoning, to verify a building would be in compliance with ETZ ordinances.
Mayer also requested a map showing more precisely the ETZ boundaries. Klassy stated that an aerial map would be available, "once this (ETZ ordinance) is passed."
Mayer requested the map be made available "before we go any further."
Mayer was also seeking some assurance from the city concerning future ETZ expansion.
"How long before you would want to go out (further)?" he asked.
Vahlsing gave no answer on specifics.
"We can't give you a statement about when we would add on to this," he said.
Based on growth patterns, expansion in the near future didn't seem very likely, Vahlsing said. And he added, the city was not aware of anybody right now wanting their land to be annexed into the city.
The next ETZ meeting is scheduled for Feb. 13, with the time and site to be determined.
A motion by Ron Spielman to recommend the ordinance to the city's Judiciary and Ordinance Committee failed to receive a second.
City of Monroe/Town of Monroe ETZ Committee member Alois Mayer moved to postpone the vote until more questions could be answered. The motion was seconded by Steve Digman, and was passed. Paul Sniff was absent.
City Administrator Mark Vahlsing reported to the Monroe Plan Commission Wednesday night that he does not know what will happen with the Extraterritorial Zoning (ETZ) ordinance that has been forming in committee for two years.
At the ETZ committee meeting earlier in the evening, Vahlsing asked township members of the committee for a list of wants.
"Can you make a list of what you want, so we can get this ended, because it keeps going on and on," Vahlsing said. "Let's get it passed or - I hate to say it - turned down."
Several residents from Sylvester and Clarno townships also attended the City of Monroe/Town of Monroe Joint ETZ Committee meeting to see if the ordinance would pass.
But before taking any action, Chairperson Nate Klassy chose to reopen a public hearing begun Dec. 6.
One resident from Sylvester, Robert Rufi, who owns land in Monroe township, questioned whether the extension of the life of the committee was valid.
Rufi contended that the intent of the original interim ETZ regulations, under which the ETZ committee exists, expired Nov. 1. The Monroe City Council voted after a public hearing Nov. 6 to extend the sunset, or expiration date, to May 31, 2008.
Rufi stated that he believed the state statutes gave the council "no authority to extend" after the expiration.
"How can you extend something that has expired?" Rufi asked the committee.
Vahlsing said that he and the council were acting on the advice of city attorney Rex Ewald.
"He (Ewald) felt it could be extended after the expiration," Vahlsing said.
The ETZ ordinance is a city ordinance, and because the extension was an action of the city, the city attorney ruled on it, Vahlsing said.
"You're interpreting it (state statute) one way; he interpreted it another way. There probably isn't any perfect answer for this," Vahlsing said.
Angela MacLennan, of Voegeli, Ewald and Barthoff law offices, said the original ordinance, published Nov. 8, 2005, would have become effective Nov. 9, according to Monroe City Clerk Carol Stamm.
Vahlsing said he would seek clarification from Ewald, but Rufi said he felt a third-party attorney should be used to determine the language of the statute in question.
Other questions came from committee member Mayer, chairman of Monroe township.
Mayer asked how building inspections and permits were to be processed between the town and the city.
Vahlsing and Klassy explained that the township would still issue permits, which would then go to the city for zoning purposes only. The township and county would still handle driveway and septic permits.
City building inspector Dave Powers who would become zoning administrator under the ETZ ordinance, said he would need a copy of a driveway permit, and a completed form for zoning, to verify a building would be in compliance with ETZ ordinances.
Mayer also requested a map showing more precisely the ETZ boundaries. Klassy stated that an aerial map would be available, "once this (ETZ ordinance) is passed."
Mayer requested the map be made available "before we go any further."
Mayer was also seeking some assurance from the city concerning future ETZ expansion.
"How long before you would want to go out (further)?" he asked.
Vahlsing gave no answer on specifics.
"We can't give you a statement about when we would add on to this," he said.
Based on growth patterns, expansion in the near future didn't seem very likely, Vahlsing said. And he added, the city was not aware of anybody right now wanting their land to be annexed into the city.
The next ETZ meeting is scheduled for Feb. 13, with the time and site to be determined.