HomeMy WebLinkAboutCommittee of the Whole Minutes 01.18.2000 MINUTES
CITY COUNCIL COMMITTEE OF THE WHOLE
JANUARY 18, 2000 6:30 P.M.
COUNCIL CHAMBERS
MEMBERS PRE SENT:
Chairman Chuck Rodgers
Lauren Van Roekel
Ken Olson
Gay Easton
Bill Staudinger
Gary Temple
Mark Mace
Norman Orr
Bud Johnson
OTHERS PRESENT:
V. Joe Leckie
Larry McCann
Mary Embleton
Rick Musson
Jan Faught
Cal Cumin
Mary Embleton informed the council that the audit is in progress and a thorough job is
being done. The annual report is nearly complete.
Larry McCann stated that Jason Rittal would present some information regarding a grant
proposal. Larry congratulated Gay Easton for receiving the Public Service Award and
employee Bob Johnson for the award he received.
Jason Rittal stated that the City of Laurel would be eligible for the Treasure State
Endowment Program (TSEP), a state-funded program administered by the Montana
Department of Commerce, which assists local governments in financing specific types of
local public facility projects. Projects eligible to TSEP assistance include construction or
repair of drinking water systems, wastewater treatment facilities, sanitary or storm sewer
systems, solid waste disposal and separation systems, and bridges. This program is
funded by the interest on the coal tax money and could be used for financing the intake.
TSEP primarily provides matching grants, and requests for matching grants are limited to
a maximum of $500,000 per grant application. A local match of at least 50 per cent of
the project costs is generally required. The SRF funds left over from the water plant
project can be used as the match. TSEP applications are accepted every other year by the
Montana Department of Commerce and are reviewed and approved by the Legislature.
Applications are accepted in May of the year before the Legislature meets (even
numbered years). Double-Tree would charge about $5,000 to write the grant application.
It is possible that the original contract with Double-Tree for the water project would
qualify them to be the consultant for this grant by amending the contract. Jason
suggested that the water project committee should meet again.
The CorD of Engineers should be submitting their proposal for the water intake problem
with three possible options by the end of January. Mayor Rodgers said that the
possibilities would be examined after this proposal is received.
Chief Rick Musson mentioned that he would be out of town for school for a week.
City Council of the Whole minutes of January 18, 2000
Cai Cumin asked what the council wanted to do about the inappropriate paper vote at the
Planning Board meeting. Joe Leckie stated that the open meeting requirements affect
commissions, such as the Planning Board, that are a feed-in to the council. There is no
doubt that the secret vote would be a violation of the requirements. The council's options
were to accept the recommendation from the Planning Board and move forward (subject
to legal action), to reject the recommendation from the Planning Board, or to send it back
to the Planning Board for a proper vote.
Cai asked if there is a case in Montana where a violation of the open meeting law has
been proven. Joe stated that there is not a case, but there is clear indication in some of
the cases and in the way that the statutes are drafted, that this would apply to the Planning
Board. Joe said that if the council decided to ignore the inappropriate vote and accept the
recommendation and eventually ended up in court, he could make some good faith
arguments that this board is only advisory and gives recommendations to the council.
The council can do whatever they decide to do with the Planning Board's
recommendations. Joe said that the open meeting provisions in the constitution and in
the statutes hold a fairly sacred position with the courts, and the courts would look
negatively upon the inappropriate vote. Joe stated that there would be a real possibility of
litigation, with a possibility that it would get thrown back, and the courts would require
the vote to be done correctly.
Bud Johnson stated that the Planning Board consists of eleven individuals. Two of the
members are elected officials, and nine members are ordinary citizens who receive no
compensation. The duty of the Planning Board is to examine zoning and planning issues
and to use their judgment to make a recommendation to the council. Bud stated that he
believed that none of the seven members present at the meeting in question had intent to
bring forth a decision that was anything less than forthright. Bud said that the members
examined the issue and brought forth an opinion. He understands that the issues before
the Planning Board can be very contentious, and friendships can be at risk. Those
conditions may have contributed to the desire to have a written ballot. He does not feel
that a written ballot constitutes a secret ballot. According to Bud, groups that meet
without the public present are probably the focus of the open meeting law so that
decisions that affect great numbers of people cannot be made behind closed doors. This
meeting certainly was not behind closed doors, even though it was impossible to tell how
individual members voted. Regardless of the outcome of the issue, Bud asked the council
to view the Planning Board members as trying to do their best without intent to do
anything improper. The required content of the Planning Board is set by the state so that
a cross section of people in the area is available. Bud stated that he appreciates the time
and effort given by the members who serve on the Planning Board.
Gary Temple considers the processes of the Planning Board and the council to be two
different entities. He spoke about the confusion at the Planning Board meeting. Gary
stated that the Planning Board only gives a recommendation and the council is ultimately
responsible for the final decision.
City Council of the Whole minutes of January 18, 2000
Cal Cumin asked Joe about the requirements necessary for the Planning Board to have a
special meeting. Twenty-four hour notice of the meeting would be required, and the
notice should be posted at City Hall. Cai stated that the Planning Board's vote was
completely legitimate, and it would be difficult to get another recommendation from the
Planning Board.
Bud Johnson acknowledged that the snow routes for the City of Laurel are posted.
Mark Mace thanked all who have helped him as he has started his term on the council.
Gary Temple commented on the landscaping requirements for the special review for the
truss and wood paneling manufacturing business for Block 1, Lot 2 in Entertainment
Subdivision. Council discussion on this issue would be appropriate after the motion and
second for the special review. Gary stated that the landscaping issue was addressed
quickly at the Planning Board meeting, and he did not feel that the requirements were
fair. Gary suggested that the landscaping requirements for this special review should be
capped at $5,000.
Lauren Van Roekel stated that the council position is challenging. He stated that one of
his employees was stopped and treated less than professionally by one of the police
officers. Chief Musson asked him to provide him with the particulars regarding the
situation rather than presenting it to the council.
Mayor Rodgers congratulated Gay Easton for receiving the Public Official of the Year
Award at the Awards Banquet this week. Employee Bob Johnson received recognition
for his work with the Girls' Softball League.
The meeting was adjourned at 6:55 p.m.
Respectfully submitted,
Cindy Alien
City Council Secretary