MINUTES OF THE
REGULAR MEETING
DILLON CITY
COUNCIL
COUNCIL
PRESENT: Nils Troedsson, Ray Graham, Jim McIsaac, Frank Mastandrea, Mike
Klakken, Al Lawson, Tom Straugh, and Mayor Martin Malesich.
COUNCIL
EXCUSED: Mike Riley
STAFF
PRESENT: Amber Herzog, City Hall Clerk; John Gutcheck, Chief of Police; Rick Later, Fire Marshall; Ty Cobb, City Treasurer; W.G. Gilbert, City Attorney.
STAFF
EXCUSED: J.S. Turner, Director of Operations. Faye Jones, City Clerk.
ABSENT: Virginia Compton, City Judge.
Mayor
Martin Malesich called the meeting to order at
The first order of business was the approval of the
MOTION UNANIMOUSLY
APPROVED.
The next item of business was the approval of the
Councilperson Troedsson moved to approve as corrected, seconded by Councilperson Straugh and approved unanimously.
MOTION UNANIMOUSLY
APPROVED.
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PETITIONS AND
COMMUNICATIONS:
1. Letter from Randy Piper informing Mayor Malesich and the City Council about the first-rate public service performance of water department employees, Bob Cottom, Jason Johnson and Allen Jones. The letter will be placed in the individuals personnel file.
2. Letter from Governor Brian Schweitzer thanking Mayor Malesich for sharing the Dillon Council Resolution 977 expressing the Council’s concerns about the Military Commissions Act passed the last Congress. He informed that legislation had been introduced in the 110th Congress to restore the habeas corpus protections stripped by previous Congress.
3.
Kevin Button Condominium Question. Mayor Malesich stated this was a moot
issue at this time. A discussion regarding the definition of a condominium
ensued.
PUBLIC COMMENT ON PUBLIC MATTERS NOT ON THE AGENDA:
Mayor Malesich asked the citizens present if they wished to address the council:
Police Chief John Gutcheck
introduced Dillon’s new police officer, Ken Peterson. Mr. Peterson is a native
of
Councilperson Lawson informed the councilmembers he would like to show support of Jessica’s Law. He will look into an action item in the near future.
MAYOR’S REPORT TO THE
CITY COUNCIL:
Mayor Malesich stated Mr. Riley could not be at the meeting, however, he presented the Council with a copy of a letter Mr. Riley wrote the Dillon Tribune’s Editor addressing part of the ordinance.
Mr. Klakken would like to see the changes of, “…by the vote…” to read, “…by an affirmative vote…” and on the 1st paragraph, change the word “changing” to read “clarifying or specifying.” Mr. Gilbert stated it did not matter because the title of the thing was not part of the enactment.
Mayor
Malesich called for the question and a poll vote:
Troedsson: No; Graham: Yes; Mc Isaac: Yes; Mastandrea: Yes; Klakken: Yes; Lawson:
Yes; Straugh: Yes.
6 – YES, 1 – No, 1 – Excused.
MOTION CARRIED.
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Mayor Malesich stated the Public
Hearing had now taken place and he requested the Council vote on the
discontinuance of a portion of
Mayor Malesich called for the question and the motion was approved unanimously.
MOTION CARRIED
UNANIMOUSLY.
MOTION CARRIED UNANIMOUSLY.
Mr. Ken Kailey asked if the depth of the main lines had been reviewed to prevent frozen pipes. Mr. Gilbert gave a brief history of how the water lines in the City were built in the past.
Mr. Klakken would like the public informed that using a welder may not be the best way to thaw a frozen pipe.
REPORTS OF OFFICERS
AND BOARDS OF THE CITY:
ATTORNEY – W.G.
Gilbert, III - Mr. Gilbert reported he did a District Court sentencing and
a DUI case on Monday and mentioned the City is getting a lot of criminal cases.
There have not been many motions to dismiss or suppress and they had four in
this week. He attended five night meetings last week. He heard from both of the
sub-dividers (by the interstate and behind Safeway) and they still have
interest. The Piat lawsuit is scheduled for mediation in Anaconda on
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City filed a motion to dismiss on the grounds that it didn’t fit the statute. Yetter’s attorney’s mother died so she asked for more time, so her response to our motion to dismiss came in recently. There should be something scheduled soon.
PLANNING BOARD:
-- Jim Carpita- The Planning
Board is making good progress on the remodeling of the Model regulations; the
County is doing the same. Second reading on the by-law change will be
MOTION UNANIMOUSLY
APPROVED.
POLICE CHIEF – John Gutcheck – Mr. Gutcheck presented the Officer Activity
Report for January 2007. Councilperson Mc Isaac moved to approve the report,
seconded by Councilperson Troedsson and unanimously approved.
MOTION UNANIMOUSLY APPROVED.
FIRE MARSHALL – Rick Later – Mr. Later reported there was a problem with #1City Engine; it has a front bearing seal out and they are in the process of replacing that.
DIRECTOR OF OPERATIONS – J.S. Turner – The Zoning Compliance Certificates applied
for:
#1930 – Tim Peck,
Compliance Certificates issued: None
No variances were applied for, nor granted.
Mr. Klakken asked if
J.S. Turner wrote the response to Ms. Bergeson’s letter of request. He
disagreed with Mr. Turner’s response to her requests. Mr. Klakken disagreed
with how Mr. Turner handled the open document law. Mayor Malesich stated they
requested Ms. Bergeson specifically request items.
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Mr. Troedsson asked if the library had presented reports for 2005/2006 to the County as requested? Marie mentioned that Mr. John Warren was working on this item. The income from the inter-library loan will be used for inter-loans only. She is also working with an energy company to procure a grant to place solar panels on the roof of the library. The panels will reduce the lighting costs.
STANDING COMMITTEES:
JUDICIARY – Mike
Riley, Chair – The minutes of the
Councilperson Klakken moved to approve the minutes, seconded by Councilperson Lawson and unanimously approved.
MOTION UNANIMOUSLY
APPROVED.
Mr. Troedsson also mentioned the Street and Alley Committee
also made the recommendation to deny Ms.
FINANCE – Mike Klakken, Chair – No report
CITY HALL – Al
Lawson, Chair – No report
FIRE AND ORDER – Frank Mastandrea, Chair – No report.
PARKS AND PLAYGROUNDS – Nils Troedsson, Chair - No report.
CEMETERY – Raymond Graham, Chair – No
report.
HEALTH AND WELFARE –
Tom Straugh, Chair – No report.
STREETS AND ALLEYS –
Jim McIsaac, Chair – Mr. Mc Isaac presented the minutes of the
MOTION UNANIMOUSLY
APPROVED.
Mr. Mc Isaac stated the first item was the request from Ms.
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Other items that were discussed during the meeting include the Plutt garage issue; the status of obtaining a lease from the railroad on the Carpita building; the street repairs, sweeping schedule and chip sealing; the issue of the Bannack Street crossing and the CTEP Grant; The railroad police threatening citizens crossing the tracks at sites which are not crossings and the matter of the closed crossing at Helena Street.
Mr. Klakken asked what was the Plutt garage item about and Mr. Mc Isaac responded that Mr. Turner is now in the position of asking what Mr. Plutt would find satisfactory. Mr. Klakken asked why it was taking J.S. Turner so long negotiating a lease with the railroad on the Carpita building. Mr. Klakken stated we should obtain someone with connections to the railroad to help us obtain a lease.
WATER AND SEWER –
Mike Klakken, Chair: No report – Mr. Klakken stated they were having a
meeting
There being no further business the motion to adjourn was made by Councilperson Graham, seconded by Councilperson McIsaac 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.
Submitted by:
_____________________________
Amber K. Herzog, City Hall Clerk
ATTEST:
____________________________
Martin R. Malesich, Mayor
Approved by:
_____________________________
Faye E. Jones, City Clerk