MINUTES OF THE REGULAR MEETING

DILLON CITY COUNCIL

September 5, 2007

COUNCIL

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

 

COUNCIL

EXCUSED:    Mike Riley

 

STAFF

PRESENT:     W.G. Gilbert, City Attorney; John Gutcheck, Chief of Police; Marie Habener, Library Director; J.S. Tuner, Director of Operations; Faye E. Jones, City Clerk; and Amber Herzog, Deputy City Clerk.

STAFF

EXCUSED:    Scott Marsh, Fire Chief; Ty Cobb, City Treasurer.

 

ABSENT:      Virginia Compton, City Judge.

 

Mayor Martin Malesich called the meeting to order at 7:02 PM.  Mayor Malesich asked Councilperson Troedsson to lead the pledge of allegiance.

 

            The first order of business was the approval of the August 1, 2007 Special Council Meeting Minutes. Councilperson Lawson moved to approve, seconded by Councilperson Straugh and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

           

            The second order of business was the approval of the August 7, 2007 Special Council Meeting Minutes. Councilperson Straugh moved to approve, seconded by Councilperson Lawson and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

           

            The third order of business was the approval of the August 13, Special Council Meeting Minutes. Councilperson Straugh moved to approve, seconded by Councilperson Lawson. &*&)*&_*&)*&)*&*&*)& Straugh/Lawson postpone to correct next meeting and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

           

            The fourth order of business was the approval of the August 15, 2007 Regular Council Meeting Minutes. The minutes were not in the packet and will be on the next agenda for approval.

 

            The fifth order of business was the approval of the August 20, 2007 Special Council Meeting Minutes. Councilperson Straugh moved to approve, seconded by Councilperson Troedsson and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

PETITIONS AND COMMUNICATIONS:

 

1.      Letter from the Attorney General for the State of Montana regarding a request for an opinion from the Attorney General interpreting provisions of the Dillon City Charter dealing with the question of the voting rights of the mayor. Chris Tweeten, Chief Civil Counsel wrote back, “.

2.      Decision on Martin R. Malesich vs. Deborah Scott in her capacity as Election Administrator for Beaverhead County, and Martin Brenneke and George Warner.  The case was a result of a second attempt to recall City of Dillon Mayor Martin R. Malesich. At the March 15, 2007 hearing the Court determined that three of the five allegations were legally insufficient. There were two remaining allegations. Malesich moved for summary judgment. Invenors responded. Oral arguments were presented on July 24, 2007. Judge Tucker ordered on August 2, 2007:

A.     Malesich’s motion for summary judgment is granted.

B.     Scott is permanently enjoined from submitting R2 to the electors of Dillon.

C.     Malesich’s request to enjoin Scott from acting upon any future recall petitions is denied.

Minutes of the Regular Council Meeting

September 5, 2007

Page 3

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PUBLIC COMMENT ON PUBLIC MATTERS NOT ON THE AGENDA:

Mayor Malesich asked the citizens present if they wished to address the council.

Brittany Kailey asked about the August 1, 2007 Regular Meeting Minutes, pg 2

reference to the City/County Planning Task Force and the request from

Councilperson Troedsson requesting Mr. Gilbert to look into the Statutes. She

asked if Mr. Gilbert had looked into them yet; Mr. Gilbert responded he had not.

 

MAYOR’S REPORT TO THE CITY COUNCIL:

 

Councilperson Klakken inquired as to how the Council could accept bids without voting on it first. Faye Jones stated the Council had voted the repairs into last years’ budget.

 

1.      Major Reconstruction of the East Side Streets-Street Repair Bid Opening – City Attorney Gilbert opened bids for the street

repairs. The first submitted bid opened was from Galatin Asphalt. The total estimated bid price: $127,842.45. The lump sum bid: $130,000.00. The second bid was from R.E. Miller & Sons. The lump sum bid: $90,022.00.

 

A Council discussion ensued. Councilperson Klakken did not remember any of this in last year’s budget. He remembers chip sealing on Montana and Swenson Way, snow removal and they were not going to fix all of these streets. He stated there was $88,000.00 to carry over and if that was spent, they’d be out of money. Councilperson Riley stated he did not want Sebree Street repaired because of a need to separate the Highway District from St. Rose Catholic Church. If the street was closed and turned into a parking lot, it would alleviate parking congestion in the area. Mr. Gilbert stated the bids were good for thirty (30) days from today. Councilperson Lawson moved that J.S. Turner and the Street & Alley Committee come to an agreement regarding this matter and bring it to the Council, seconded by Councilperson Straugh and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

2.      Letter from MDOT Agreement­ – Railroad Ave Easement. A letter requesting signature on behalf of the City of Dillon for an easement from the UPRR to the City of Dillon. This easement acquired in conjunction with the subject property. Councilperson Lawson moved to approve, seconded by Councilperson Riley and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

3.      Appointment of Larry Volkening to Planning Board as County’s representative. Councilperson McIsaac so moved, seconded by Councilperson Straugh and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

 

Minutes of the Regular Council Meeting

September 5, 2007

Page 4

 

4.      Resolution Annexing Wholly Surrounded Properties – Thomsen Ave. Councilperson Straugh moved to approve, seconded by Councilperson Riley and a Council discussion ensued. Councilperson Klakken stated that Atkinson’s property was not in the Resolution of Intent. Mr. Gilbert will look into the matter. Councilperson Klakken stated the Resolution dated 07/16/07 does not have the south half of lots 10, 11, 12 (block 4 of Thomsen). It did drop lot 23. He stated that it is not allowed to add them later. Mr. Gilbert agreed; he did not have his file with him to verify that information. Councilperson Klakken moved to amend by removing the Timothy & Kristine Atkins, south half of lots 10, 11, 12 of block 4 Thomsen from this resolution, seconded by Councilperson Straugh and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

                   Councilperson Troedsson moved to approve as amended, seconded by Councilperson Straugh and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

5.      Waive “Open Container” Ordinance for Labor Day – Police Chief Gutcheck

Mentioned this was localized to a couple blocks in the downtown area and specific times; it would apply to Montana Street, from Helena to Glendale and a ˝ block of Center Street from Bannack to a little past the alley. Council discussed times and dates. It was mentioned that the open container should not apply during “family-time” during the parade, however it was also noted the parade route allowed for families to be in area away from the bars. Councilperson Troedsson moved to allow open containers from the legal bar opening on Saturday, September 1, 2007 – Monday, September 3, 2007 at 2:00 A.M., seconded by Councilperson Straugh. Councilperson Klakken moved to amend with the deadline extended to Monday, September 3, 2007 at 2:00 P.M., seconded by Councilperson Graham. After a Council discussion, the question was called and a poll vote:

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

5 – No, 2 – Yes.

MOTION FAILED.

 

                  The original question was called and the motion was unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

6.      Proposed Water and Sewer Rate Increase – Mayor Malesich referred this

matter to the Water and Sewer Committee for review.

 

7.      Fire Hall Report – July 2007 Expenditures. Councilperson Troedsson moved

to approve, seconded by Councilperson Riley and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

Minutes of the Regular Council Meeting

September 5, 2007

Page 5

 

8.      Citizen’s Requests Report – Mayor Malesich presented the report and there

was a comment from Kenneth Kailey about two near miss pedestrian vs automobile incidents in front of the house he rents on Atlantic Street. He was notified to write a letter to the appropriate party as it concerns a State Highway.

 

REPORTS OF OFFICERS AND BOARDS OF THE CITY:

 

ATTORNEY – W.G. Gilbert, III

Mr. Gilbert reported there was a jury trial this week for a DUI. The jury hung 3 to 3. They have not decided to try the case again or not at this time. He has also written some collection letters for the water department this week. He has been doing some work on the county sewer agreement. He has had half of a dozen contacts with the attorney in Helena, Mr. Miller regarding the Public Retirement System. He believes they are making progress.

 

PLANNING BOARD – Mike Riley, Chairman – The Planning Board had a regular session on Tuesday, August 15, 2007. They are fine-tuning the subdivision regulations; they are two thirds of the way through the final go ‘round before forwarding this matter to the Council. There was a preliminary submission for West Ridge Subdivision out on 91 South for their perusal. They approved with changes the compensation structure for their secretary.

 

CITY COURT - Judge Virginia A. Compton – The Judges Report for June 2007 was submitted and Councilperson Graham moved to accept, seconded by Councilperson Klakken and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

TREASURER – T. P. Cobb – The Monthly & Investment Report for July 2007 was presented for the Council’s approval. Councilperson Troedsson moved to approve, seconded by Councilperson Riley and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

POLICE CHIEF – Police Chief John Gutcheck – Chief Gutcheck presented the Dillon Police Department Officer Activity Report for the month of July 2007 to the Council. Councilperson Graham moved to accept, seconded by Councilperson Straugh and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

Mr. Gilbert informed the Council about a Police Department training session on Field Sobriety Testing in Missoula earlier that day. He stated the system hoped the outcome would uniformly train officers around the State on field sobriety tests, standardizing the outcome for better case strength in court.

 

 

Minutes of the Regular Council Meeting

September 5, 2007

Page 6

 

DIRECTOR OF OPERATIONS – J.S. Turner – No report.

 

LIBRARY BOARD – Marie Habener – Library Director Habener reported they did not have minutes for submission. The summer reading program registration is up by 33% overall. Participation was up by 36%. She reported a huge increase of usage in children’s books.

             

STANDING COMMITTEES:

 

JUDICIARY – Mike Riley, Chair – Councilperson Riley submitted the minutes of the August 6, 2007 Judiciary Committee Meeting for approval with corrections:

1. Ms. Kailey for Ward 4; Mr. Riley for Ward 4; Mr. Spears for Ward 3; Mr. Toedsson for Ward 4.

Councilperson Troedsson moved to approve as corrected, seconded by Councilperson Straugh and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

The Judiciary Committee recommendation: That the November 2007 city elections be conducted at polling places. Councilperson Riley moved to approve the recommendation, seconded by Councilman Troedsson. The Council discussed the additional costs of more than $1000.00 if conducted at a polling place vs. a mail ballot. Councilperson Riley stated a polling place was the traditional vote choice and the cost of democracy is well afforded. The question was called and a poll vote:

Troedsson: Yes, Graham: Yes; McIsaac: Yes; Klakken: Yes; Lawson: No; Straugh: No; Riley: Yes.

5 – Yes, 2 – No.

MOTION APPROVED.

 

FINANCE – Mike Klakken, Chair – No report.    

 

CITY HALL – Al Lawson, Chair – No report.

 

FIRE AND ORDER – Frank Mastandrea, Chair – Councilperson Mastandrea presented the minutes of the August 6, 2007 Committee meeting. Councilperson Klakken moved to approve, seconded by Councilperson Straugh and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

Recommendation: That the Council ask the Fire Marshal to strictly enforce State Statue 50-37-105 MCA.

            Councilperson Riley moved to defer the recommendation until the Council had been informed about the State Statute, seconded by Councilperson Straugh and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

Minutes of the Regular Council Meeting

September 5, 2007

Page 7

 

Recommendation: That the Council encourage the continuation of a community fireworks display.

            Councilperson Riley moved to accept the recommendation to encourage the continuation of a community fireworks display seconded by Councilperson Straugh and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

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

 

CEMETERY – Raymond Graham, Chair

Recommendation from the approved July 11, 2007 Cemetery Committee Meeting Minutes: That the City proceeds with Quiet Title Action to take of Poindexter Cemetery. Councilperson Graham moved to accept the recommendation, seconded by Councilperson Straugh and a poll vote:

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

6 – Yes, 1 – No.

MOTION APPROVED.

           

HEALTH AND WELFARE – Tom Straugh, Chair – No report.

 

STREETS AND ALLEYS – Jim McIsaac, Chair – The next Committee Meeting was scheduled for August 22, 2007 at 5:30 P.M.

           

WATER AND SEWER – Mike Klakken, Chair – The next Committee Meeting was scheduled for August 21, 2007 at 5:35 P.M.

           

            There being no further business the motion to adjourn was made by Councilperson McIsaac, seconded by Councilperson Straugh and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

The meeting adjourned at 9:13 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.

 

                                                                                                Approved by:

 

                                                                                _____________________________

ATTEST:                                                                               Faye E. Jones, City Clerk

 

________________________

Martin R. Malesich, Mayor

                                                                                                Submitted by:

                                                                                                _____________________________

                                                                                Amber K Herzog, Deputy City Clerk