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City is proceeding with that on schedule. <br /> <br />Mr. Crow stated he would agree with the citizens who brought up the issues regarding <br />the driving range. He said it was his understanding that as long as the Council passed a <br />resolution that unless a different resolution was passed later, it stood. Mr. Crow wanted <br />to know how the City was going to proceed going forward. He said if the Council wanted <br />it to change, they needed to take a vote to change it. <br /> <br />Mr. Kraft said the maybe a legal interpretation on resolutions was needed. He said what <br />the resolution states is that the lights have to be turned off by 9:30 p.m. Mr. Kraft <br />compared it to passing the speed limit at 35, no one is arrested driving 30; one just <br />cannot drive over 35. Mr. Kraft asked if anyone has seen the lights on after 9:30 p.m. <br />He did not see any violation of the resolution. He said the driving range project cost the <br />tax payers $469,000 taxpayer dollars. Mr. Kraft also was not sure if the City should be <br />running a driving range that competes with the private sector. He would not have voted <br />to build the driving range in 2009, if he were on the Council. But since the City has it, <br />Mr. Kraft noted that it must be responsibly managed. He said Resolution 2007-10 gave <br />the City Manager wide latitude to manage the driving range as long as the lights are off <br />by 9:30 p.m. Mr. Kraft noted the driving range and golf course are not losing money and <br />turning off the lights has removed a major source of irritation to the surrounding <br />neighborhood. He said the Council has the right to introduce a new resolution to change <br />it but no resolution has been introduced. Mr. Kraft said until the agenda has a resolution <br />requiring his vote, he would wait for recommendations from the City Manager and <br />expect the range will operate in a responsible manner that balances the financial <br />interests of the City and the wishes of golfers, while being respectful to the surrounding <br />neighborhood. <br /> <br />Mr. Price stated to the Chair that the City cannot pick and choose what resolutions they <br />want to abide by. He said if the resolution was passed, voted on, then that resolution <br />has to be dealt with. Mr. Price asked the Mayor if the Council can pick and choose what <br />resolutions they follow or not follow. <br /> <br />Mayor Welsch referred to the City Clerk as to the legal power of a resolution. <br /> <br />Ms. Pumm stated that it was a legal question and she could not answer it. <br /> <br />Mr. Price said if this body is unclear, for Council to get a legal interpretation on it but he <br />thought it would be a waste of money. <br /> <br />Mayor Welsch asked Mr. Price if he was asking Mr. Walker to get a legal interpretation <br />on the force of a resolution. Mr. Price said that does not go through the City Manager <br />but should go through the Council. Mayor Welsch stated she had no problem with <br />getting a legal opinion. <br /> <br />Ms. Ricci said she was one of the Council that voted no to that resolution but did not see <br />how it was being violated because it states that the lights will be turned off no later than <br />9:30 p.m. So if they are turned off earlier than 9:30 p.m., it is not a violation. Ms. Ricci <br />noted that according to Municipal League’s definition on the difference between a <br />resolution and ordinance is “an ordinance is a prescribed permanent rule of conduct; <br />one that has the effect of law. A resolution is an act that is less formal than an <br /> 6 <br /> <br /> <br />