MINUTES OF THE REGULAR MEETING

DILLON CITY COUNCIL

July 5, 2007

COUNCIL

PRESENT:     Nils Troedsson, Ray Graham, Frank Mastandrea, Mike Klakken, Al Lawson, Tom Straugh, Mike Riley, and Mayor Malesich.

 

COUNCIL

EXCUSED:    Jim McIsaac

 

STAFF

PRESENT:     W.G. Gilbert, City Attorney; John Gutcheck, Chief of Police; Scott Marsh, Fire Chief; J.S. Turner, Director of Operations; Faye E. Jones, City Clerk and Amber Herzog, Deputy City Clerk.

STAFF

EXCUSED:    Ty Cobb, City Treasurer; Marie Habener, Library Director.

 

ABSENT:      Virginia Compton, City Judge.

 

Mayor Martin Malesich called the meeting to order at 7:07 PM.  Mayor Malesich asked Councilperson Klakken to lead the pledge of allegiance.

 

The first order of business was the approval of the June 19, 2007 Special meeting minutes. Councilperson Riley moved to approve the minutes, seconded by Councilperson Lawson and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

            The second item of business was the approval of the June 20, 2007 Regular meeting minutes. Councilperson Straugh moved to approve, seconded by Councilperson Troedsson:

 

The following corrections were noted:

1.       Pg 1, change: seconded by C.P. Lawson to C.P. Troedsson.

2.       Pg 5 under Finance: 1st motion by C.P. Straugh, seconded by C.P. Lawson. 2nd motion to approve by C.P. Straugh.

3.       Pg 5 change National Kennel Club to American Kennel Club.

4.       Pg 6 under Parks & Playgrounds, change lease law to leash law.

5.       Pg 4, 7th para, 2nd line, add: …and asked “if”…

 

Councilperson Troedsson moved to approve as corrected. The motion was seconded by Councilperson Riley and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

PETITIONS AND COMMUNICATIONS:

1.      Article from Montana Standard – Woman arrested for talking too long. Mayor Malesich presented an article regarding a woman in Great Falls who violated the City Commission’s three-minute comment period during a meeting, and

 

 

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July 5, 2007

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allegedly punched a police officer while being escorted out of City Hall, was     handcuffed and cited for misdemeanor assault.

2.      Certificate of Membership M.M.C.T. – Amber Herzog. Mayor Malesich presented a certificate of membership for Amber Herzog, Deputy City Clerk – Dillon, MT with the Montana Municipal Clerks – Treasurers – Finance Officers Association.

3.      Erb & Suenram Bill – McIsaac vs City of Dillon. Mayor Malesich presented an invoice from Erb & Suenram, PLLC regarding the McIsaac vs City of Dillon lawsuit. After Council discussion, Mayor Malesich stated the invoice in the amount of $348.60 would be forwarded to the insurance company for review. Councilperson Troedsson requested notation that Suenram is substantially paid more per hour than Dillon’s City Attorney. Councilperson Graham requested notation that Suenram was not a City employee, and not taking advantage of the State PERS system, therefore his pay is different. Councilperson Klakken wanted to know why the City hired Erb & Suenram’s firm. Mr. Gilbert replied that the City did not hire them. The attorney representing the insurance company for the City requested Mr. Suenram dig out some records and review an affidavit for them.

4.      Response to Dr. Klakken’s questions about County jurisdiction of adjoining subdivisions.  Mr. Turner presented a letter from County Planner, Rick Hartz about a similar situation justifying why the city has reviewed the subdivisions and not the county. Councilperson Klakken discussed Supreme Court issues with Mr. Gilbert. Mr. Gilbert pointed out Mr. Klakken’s reference to a different case was dissimilar.

            . 

            PUBLIC COMMENT ON PUBLIC MATTERS NOT ON THE AGENDA:

Mayor Malesich asked the citizens present if they wished to address the council.  Mayor Malesich presented a letter from citizen Charlene Loge. Mrs. Loge wrote in her letter that the ignition of fireworks within the city is not only a nuisance; it is a danger to the public. Fire Chief Scott Marsh commented he would like to see the fireworks remain inside city limits due to the lack of water outside city limits. Councilman Troedsson dumped a bag of used fireworks on the council table that had made the journey to his yard. Councilperson Mastandrea would like to see a community display. Councilperson Lawson stated he had been approached by several constituents who wanted the fireworks within the city outlawed. Councilperson Riley stated that Thomas Jefferson said on the Fourth we should celebrate our independence and that the city should not take action to curtail that expression of patriotism. Mayor Malesich referred this matter to the Fire & Order Committee.

Citizen Ken Kailey asked what the status of the Police Association lawsuit against the city was. City Attorney Duke Gilbert responded that it had been referred to the city’s insurance company for review and that they should have a decision in the next few days. The first scheduled court appearance on the matter is set for July 16, 2007.

 

 

 

 

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MAYOR’S REPORT TO THE CITY COUNCIL:

            Mayor Malesich presented a resolution to amend the City budget for 2006-2007.  Councilperson Straugh moved to approve, seconded by Councilperson Riley and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

            The budget amendment authorizes City Clerk Faye Jones to transfer appropriations between line items within the Fiscal Year 2006-07 General Budget Fund. The Sewer Fund Budget was amended to transfer $50,000. from CDBG Fund 5311 to Sewer Fund 5320 R&D, and transfer that $50,000. from Sewer Fund 5320 R&D to Sewer Fund 5310 O&M. The amendment also authorized transferring $5,000. from the Fire Hall Reserve Fund to the Fire Hall Operating Fund.

 

            Mayor Malesich presented a request from D.J. & A., the engineering firm that worked on the CDBG sewer project and put together the Community Improvement Plan, for additional money in the amount of $5020. for extra work on the CIP. Director of Operations J.S. Turner explained the request stating the money would come out of the CDBG Fund. Councilperson Mastandrea asked what the original request was and why this was not included in the initial charges. He didn’t believe the council had agreed to pay additional costs. A discussion ensued. Councilperson Riley stated he was also confused about this issue, he didn’t believe they should have attended specific meetings that they charged the city for and he does not have any recollection the council authorized additional funds for these charges. Mr. Turner stated because there was additional funds left over from the grant, he spoke with Mr. Forrest and Judy, who wrote the grant, they felt it would be appropriate to take the savings out of the construction account to pay for this. He will look into the old minutes to find where the council had approved these additional funds. Councilperson Mastandrea stated he had a problem with taking State money and giving it to the engineer just because it was leftover. He would like to see in the minutes where the council approved these additional costs. Councilperson Straugh moved to defer this issue until the next meeting, seconded by Councilperson Troedsson and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

Mayor Malesich presented a copy of a direct deposit for House Bill 124 Entitlement Share – 4th Quarter Payment in the amount of $103,179.

            Mayor Malesich presented the Monthly Revenue Report for approval. Councilperson Troedsson moved to approve, seconded by Councilperson Straugh and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

Mayor Malesich presented the Citizen’s Requests for the period. The council reviewed without comment.

 

 

 

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REPORTS OF OFFICERS AND BOARDS OF THE CITY:

 

ATTORNEY – W.G. Gilbert, III

Mr. Gilbert reported on the issues they have been working since the last council meeting.   He has been making good progress with the planning board. McIsaac/Houk entered into a settlement with Mooney. Councilperson Klakken asked why the lawsuit has continued if a settlement has taken place. Mr. Gilbert responded once the paperwork has been received that the settlement has been entered and they’re out of it the lawsuit it should settle it on our end. Criminal work slowed down due to vacations and schedule conflicts.

 

PLANNING BOARD – Mike Riley, Vice Chairman – Councilperson Riley reported the planning board has been meeting in regular and special meetings. The election of officers took place and Mr. Riley has been voted Chairman, with Mrs. Lynn Westad as Vice-Chairman of the board. July 10, 2007 will be the next meeting. They are currently working on subdivisions exempt from surveying, but needing review, and bringing the subdivision regulations into compliance with state regulations.

 

DIRECTOR OF OPERATIONS – J.S. Turner

            J. S. presented the zoning compliance certificates that have been applied for and approved since the last council meeting:

The Zoning Compliance Certificates applied for:

# 1952 – Void

# 1953 - Women’s Resource Center, 222 ½ S. Idaho – Sign

# 1954 - Super 8, 550 N. Montana – Sign

# 1955 – Grizzly Grounds, 209 W. Glendale – Single Family Residence

Zoning Compliance Certificates issued:

#1899 – Robert Reynolds, 502 Monroe – Deck

#1929 – Brendan Reints, 704 E. Glendale – Addition

#1943 – John Neal, 127 N. Pacific – Garage

#1951 – Gary Haverfield, 734 E. Morse – Garage Addition

#1953 – Women’s Resource, 222 ½ S. Idaho – Sign

#1954 – Super 8, 550 N. Montana - Sign

 

Councilperson Graham asked if our color system on our streets matches the state’s colors and Mr. Turner replied that they did other than the green.

 

POLICE CHIEF - John Gutcheck – No report.

 

FIRE CHIEF - Scott Marsh – No report. A discussion ensued about the recent fender bender involving the new police car. A car backed into the police car and caused a penny size dent.

 

CITY COURT - Judge Virginia A. Compton – No report.

 

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TREASURER – T. P. Cobb – No report.

 

LIBRARY BOARD – Marie Habener – No report.

             

STANDING COMMITTEES:

 

JUDICIARY – Mike Riley, Chair – No report. Next meeting will be July 23, 2007 at 5:30 P.M.

 

FINANCE – Mike Klakken, Chair

            Councilman Klakken presented the Claims and Line Item Reports for the month of June 2007 for approval. Councilperson Lawson moved to approve, seconded by Councilperson Straugh and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

Councilperson Straugh had questions regarding the General Fund expenditure percentages. City Clerk Faye Jones explained the auditor had requested changes in the accounting methods. Council discussed that the council overspent their budget with travel to a conference this past spring and they should be aware of overspending in the future.

 

CITY HALL – Al Lawson, Chair

Councilperson Lawson presented the minutes of the June 19, 2007 & June 25, 2007 meeting for approval. Councilperson Troedsson moved to approve, seconded by Councilperson Straugh and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

            Councilperson Lawson stated the first recommendation to solicit free estimate of cost of redesign of council chambers. The second recommendation was to solicit cost of replacing the entry door. Third recommendation was to allow one microphone per person at the council table.

            Councilperson Troedsson questioned if the siren on City Hall needed to sound at noon every day. Fire Chief Scott Marsh stated he was checking with Larry Laknar to see if the siren needed to be tested daily.

            The karate class has not formally changed their scheduled meeting date as yet. Councilperson Lawson moved to allow the classes to be held on Mondays and Thursdays from 6-7:30 P.M. weekly, seconded by Councilperson Straugh and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

            Councilperson Riley moved to waive the $50.00 fee for the karate class, seconded by Councilperson Troedsson and a poll vote:

Troedsson: Yes; Graham: Yes; Mastandrea: Yes; Klakken: Yes; Lawson: No; Straugh: Yes; Riley: Yes.

6 – Yes, 1 – No.

MOTION APPROVED.

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            Councilperson Lawson discussed the recommendation of the number of microphones allowed at the council table. Councilperson Straugh moved to accept as is until the system is redesigned, seconded by Councilperson Klakken and a poll vote:

Troedsson: No; Graham: Yes; Mastandrea: Yes; Klakken: Yes; Lawson: No; Straugh: Yes; Riley: No.

4 – Yes, 3 – No.

MOTION APPROVED.

           

FIRE AND ORDER – Frank Mastandrea, Chair – No report.

 

PARKS AND PLAYGROUNDS – Nils Troedsson, Chair – No report.

 

CEMETERY – Raymond Graham, Chair – No report.

            Councilman Graham scheduled a committee meeting for July 11, 2007 at 5:00 P.M. to discuss a budget for the Poindexter Cemetery and the priorities of the sexton.  Councilperson Riley requested the topic of Potter’s Field be placed on the committee’s agenda.

 

HEALTH AND WELFARE – Tom Straugh, Chair

            Councilman Straugh presented the minutes of the committee meeting held June 27, 2007. The motion to approve the minutes was made by Councilman Riley, seconded

by Councilman Troedsson and passed unanimously.

MOTION UNANIMOUSLY APPROVED.

 

            Councilperson Straugh reported that the committee reviewed the information regarding the number of pets per household. Great Falls has a limit of two dogs and two cats per household. Responsible pet ownership is more important than the number of pets owned. The city has a dog ordinance in place regarding waste.

 

STREETS AND ALLEYS – Jim McIsaac, Chair – No report.

           

WATER AND SEWER – Mike Klakken, Chair – No report.

            Councilperson Klakken questioned what was the latest news regarding the Ad-Hoc Committee findings.  Councilperson Straugh stated they were meeting on July 10th at 12:15 P.M. Both policies of the amount of disability insurance provided did not fit the needs of the city. The actuary report data was incorrect, this has been reported. The ad hoc committee will have a telephone conversation with the actuary on the 10th.

 

            There being no further business the motion to adjourn was made by Councilperson Graham, seconded by Councilperson Riley and the meeting adjourned at 8:57 P.M.

            The above minutes were transcribed from a tape recording of the actual meeting and such minutes include the substance of all matter proposed, discussed or described.

 

 

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                                                                        Approved by:

 

                                                                        _____________________________

ATTEST:                                                         Faye E. Jones, City Clerk

 

____________________________

Martin R. Malesich, Mayor      

                                                                        Submitted by:

 

                                                                        _____________________________

                                                                        Amber K Herzog, Deputy City Clerk