MINUTES OF THE REGULAR MEETING
DILLON CITY COUNCIL
COUNCIL
PRESENT: Nils Troedsson, Ray Graham, Mike Riley, Frank Mastandrea, Mike Klakken, Al Lawson, Tom Straugh, and Mayor Martin Malesich.
COUNCIL
EXCUSED: Jim McIsaac
STAFF
PRESENT: W.G. Gilbert, City Attorney; Paul Craft, Assistant Chief of Police; Rick Later, Fire Marshall; Ty Cobb, City Treasurer; J.S. Turner, Director of Operations; Faye E. Jones, City Clerk and Amber Herzog, Deputy City Clerk.
STAFF
EXCUSED: Marie Habener, Library Director.
ABSENT: Virginia Compton, City Judge.
Mayor Martin
Malesich called the meeting to order at
The first order of
business was the approval of the
The following
corrections were noted:
1.
Pg 1, add C.P. Straugh
led the P.O.A.
2.
Pg 1, correct
3.
Pg 2, item 1
Mayor’s Report add legal description of property.
4.
Pg 3, 2nd
Motion add motion, seconded by C.P. Straugh and that C.P. Klakken stated it was
illegal because…
5.
Pg 5, Cemetery:
remove Graham. There was not a motion; it was deferred to the next meeting.
Councilperson Straugh moved to approve as corrected. The motion was seconded by Councilperson Troedsson and approved. (Note C.P. Klakken abstained.)
MOTION APPROVED.
The
second order of business was the approval of the
MOTION APPROVED.
Minutes of the Regular Council Meeting
Page 2
PETITIONS AND COMMUNICATIONS:
1. Letter from Debra Scott,
2. Letter from Montana League of Cities &
Towns – Registration Form for the annual conference 10/3-5/07 in
3. Report on City/County Planning Task Force.
Eldon Ayres presented the council with a report to the City and County Planning
Boards by the One-Mile Growth Ring Task Force.
The final recommendations to the boards as follows:
A. Generate a Community Consensus Vision for the
one-mile growth area.
B. From this Consensus Vision develop, or have
developed for the City/County, a Growth Plan.
C. Develop comprehensive implementation plans
for the Growth Plan that include but are not limited to development codes,
zoning ordinances, enforcement policies, etc for the one-mile growth area.
D. Develop and refine a coordinated
infrastructure plan for the one-mile growth area. Use this as a guideline for
infrastructure in adjacent county authority area.
E. Seek independent professionals or
organizations for help, assistance, and guidance in development of a growth
plan. (Find the budget)
F. Get started now. Have a Growth Plan completed
in one year. (Possible moratorium on development until a Growth Plan has been
developed and implemented)
G. Focus on enforcement of current ordinances,
plus development of new ordinances or zoning regulations to effectively govern
new or evolving growth.
J.S. Turner thanked Mr. Ayres, Ms. Westad and
Ms. Knopik for their time and efforts involved with the task force and
excellent presentation. Councilperson Troedsson asked Mr. Gilbert to look at
statutes to invite a City Planning Board member to sit on the County Planning
Board for cohesiveness.
.
PUBLIC COMMENT ON PUBLIC
MATTERS NOT ON THE AGENDA:
Mayor Malesich asked the citizens present if they wished to address the council. Councilperson Graham mentioned several business owners in town were disgruntled as a result of the City allowing out-of-the-area mobile restaurants to operate out of motor homes or buses within City limits. After council discussion this matter was referred to the Health & Welfare Committee.
Minutes of the Regular Council Meeting
Page 3
MAYOR’S REPORT TO THE CITY COUNCIL:
1.
First
Councilperson
Straugh stated the Council did not have enough information at that time to move
ahead – they were waiting for correspondence acknowledging and correcting
erroneousness data input. He stated the Ad Hoc Committee would schedule a visit
to MPEA on
Councilperson Graham stated the council should pass it and get it done. Councilperson Riley stated they owed it to the voters to turn up the last stones. Councilperson Graham stated until they started the procedure they were keeping the officers lives on hold.
Councilperson Mastandrea asked Mr. Gilbert if the City had any leverage. Mr. Gilbert responded that MPERA was not following their guidelines, their standards and had grossly misconstrued information from the City and the State, in addition they had a statutory responsibility to not allow the City to fall into the position they were in. Councilperson Mastandrea asked Mr. Gilbert what his plan was. Mr. Gilbert responded that the Committee was working on correcting these deficiencies and as a result will end up with the correct actuarial determination made.
Mayor Malesich called for the question and a poll vote:
Troedsson: No; Graham: Yes; Mastandrea: Yes; Klakken: Yes; Lawson: No; Straugh: No; Riley: No.
4 – No, 3 – Yes.
MOTION FAILED.
2.
First
Commission as a separate entity. Councilperson Troedsson moved to approve the minutes of the July 13, 2007 Judiciary Committee meeting, seconded by Councilperson Straugh and unanimously approved.
MOTION UNANIMOUSLY APPROVED.
Councilperson Riley stated the recommendation from the Judiciary Committee was: That the Judiciary Committee recommends adoption of the ordinance as proposed to separate the functions of planning and zoning while retaining the current membership. Councilperson Riley moved to adopt the ordinance, seconded by Councilperson Straugh. Mr. Gilbert stated the
Minutes of the Regular Council Meeting
Page 4
Ordinance
states you can not have a joint planning/zoning committee in the City,
therefore the ordinance separating the planning board and the zoning commission
was placed before the Council. Councilperson Klakken questioned the fact that
there was a possibility of the County appointing a person to the board who was
not a resident of the City. He would like to see the Mayor have four appointees
and the City Council have three appointees. Councilperson Klakken moved to
amend section 17.80.010 Appointment of Zoning Commission shall be appointed as
follows: Four members appointed by the Mayor. Said members to be citizens of
the City of
MOTION UNANIMOUSLY APPROVED.
The question was called on the ordinance and unanimously approved.
MOTION UNANIMOUSLY APPROVED.
3. Councilperson Straugh moved to set a date to discuss the budget: August 7,
2007
MOTION UNANIMOUSLY APPROVED.
Councilperson
Straugh moved to set a date to discuss the budget:
MOTION UNANIMOUSLY APPROVED.
Councilperson
Straugh moved to set a date to discuss the budget:
MOTION UNANIMOUSLY APPROVED.
4. Monthly Revenue Report: Councilperson Straugh moved to accept the report,
Seconded by Councilperson Lawson and unanimously approved.
MOTION UNANIMOUSLY APPROVED.
5. Citizen’s Requests Report was presented by Mayor Malesich.
Minutes of the Regular Council Meeting
Page 5
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 stated that they were getting rid of some criminal cases. He had received the City’s Summary of Judgment Brief in the police case. The Brief coming back opposing our position in the Houk/Mooney/McIsaac case is due, but has not yet been filed.
Councilperson Klakken asked Mr. Gilbert to explain the Yetter case. Mr. Gilbert responded the City had received a settlement outline from the labor lawyer. The City’s lawyer has been entering into discussion with Yetter’s lawyer and they were making some progress.
PLANNING BOARD – Mike Riley, Chairman – The Planning Board is looking into
developing zoning schemes that the City presently possess, they have completed
commercial recommendations and presently working on the residentials.
The County has appointed Larry Volkening to the City Planning Board.
DIRECTOR OF OPERATIONS – J.S.
Turner
J. S. Turner stated that
Pump #1 motor burned out and they have a generator running at present, it will
be replaced in a day or two. The citywide street sweeping was completed and
patching of the streets and painting of crosswalks will happen later in the
week. Councilperson Troedsson asked if the City’s insurance will cover the cost
of the pump motor. Mr. Turner responded they were looking into that.
Councilperson Klakken stated he had heard Mr.
Devers had been moved from the cemetery to the water department and he wanted
to know what happened to Mr. Jones in the water department. Mayor Malesich
responded that Mr. Jones had back problems and will be undergoing future
surgery. Mr. Devers requested to transfer to the water department. Mr. Blomquist
may or may not return to the street & alley department; he has not yet been
medically released.
Councilperson Graham stated Labor Day was
upcoming and he’d like a resolution on the agenda for open containers on the
next meeting agenda.
POLICE
CHIEF – Assistant Police Chief Paul
Craft – No report.
FIRE
MARSHALL – Rick Later – No report. Mr. Later notified the Council of 10 – 15
fires around the State.
CITY
COURT - Judge Virginia A. Compton – No report.
Minutes of the Regular Council Meeting
Page 6
TREASURER – T. P. Cobb – Mr. Cobb presented the
Monthly & Investment Report for June 2007 for the Council’s approval.
Councilperson Lawson moved to approve, seconded by Councilperson Troedsson and
unanimously approved.
MOTION
UNANIMOUSLY APPROVED.
STANDING COMMITTEES:
JUDICIARY – Mike Riley, Chair – Mr. Riley set the next meeting to
be
FINANCE – Mike Klakken, Chair
Councilperson Klakken stated at the Finance meeting he would not sign the claims for two bills that should have been paid in last year’s budget: Hughes/Kellner/Sullivan $1463.90 and Virginia Compton $380.89. He quoted law 7-6-609 policy standard governmental accounting principles. Councilperson Klakken moved to pay the two bills out of last year’s budget, seconded by Councilperson Mastandrea. Councilperson Straugh questioned that this was information presented without prior notification. Mr. Gilbert stated the law firm had sent the bills in very late. Councilperson Straugh stated general accounting principles allow for such practices. Faye Jones explained that she would need to rework it. The question was called and the motion was unanimously approved.
MOTION UNANIMOUSLY
APPROVED.
Councilperson Graham moved to accept the report of the remaining claims, seconded by Councilperson Straugh and unanimously approved.
MOTION UNANIMOUSLY APPROVED.
CITY HALL – Al Lawson, Chair – No report.
FIRE AND ORDER – Frank Mastandrea, Chair – Councilperson Mastandrea
scheduled the next meeting for
PARKS AND PLAYGROUNDS – Nils Troedsson, Chair – No report.
CEMETERY – Raymond Graham, Chair – No report. Place
minutes and recommendation of quiet title action on the next agenda.
HEALTH AND WELFARE – Tom Straugh, Chair – No report.
STREETS AND ALLEYS – Jim McIsaac, Chair – No report.
Minutes of the Regular Council Meeting
Page 7
WATER AND SEWER – Mike Klakken, Chair – No report.
There being no further business the motion to adjourn was made by Councilperson Graham, seconded by Councilperson Riley and unanimously approved.
MOTION UNANIMOUSLY APPROVED.
The meeting
adjourned at
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.
Approved by:
_____________________________
ATTEST: Faye E. Jones, City Clerk
____________________________
Martin R. Malesich, Mayor
Submitted by:
_____________________________
Amber K Herzog, Deputy City Clerk