MINUTES OF THE REGULAR MEETING

DILLON CITY COUNCIL

March 21, 2007

COUNCIL

PRESENT:   Mike Riley, Nils Troedsson, Ray Graham, Jim McIsaac, Frank Mastandrea,

                       Mike Klakken, Al Lawson, Tom Straugh, and Mayor Martin Malesich.

 

STAFF

PRESENT:     J.S. Turner, Director of Operations; John Gutcheck, Chief of Police; Scott Marsh, Fire Chief; Ty Cobb, City Treasurer; W.G. Gilbert, City Attorney; Amber Herzog, City Hall Clerk.

STAFF

EXCUSED:    Faye Jones, City Clerk.

 

ABSENT:      Virginia Compton, City Judge.

 

Mayor Martin Malesich called the meeting to order at 7:00 PM.  Mayor Malesich asked Councilperson Riley to lead the pledge of allegiance.

 

The first order of business was the approval of the March 7, 2007 regular meeting minutes.  Councilperson Straugh moved to approve the minutes, seconded by Councilperson Troedsson. The following corrections were noted:

 

1.      Page 1, Paragraph 4, add Councilperson Riley abstained from voting due to his absence from the meeting.

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

MOTION UNANIMOUSLY APPROVED.

 

PETITIONS AND COMMUNICATIONS: 

1.      Letter from Timothy B. Strauch, attorney for the Dillon Police Officer’s Association, requesting clarification whether the City of Dillon, despite the City’s written waiver, would have any contention at all by anyone about a conflict of interest. Mayor Malesich referred this matter to the Judiciary Committee for review.

2.      Letter from Sue Hanson, Beaverhead County Public Health Director requesting permission for helicopters to land at Vigilante Park and to barricade Thomsen Avenue in front of the high school gym for parking spaces for fire and Search & Rescue vehicles. Councilperson Troedsson moved to approve the request, seconded by Councilperson McIsaac and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

PUBLIC COMMENT ON PUBLIC MATTERS NOT ON THE AGENDA:

Mayor Malesich asked the citizens present if they wished to address the council. SSG Joseph Schleining, National Guard Recruiter, briefed the council and the

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public on the mission of the 631st MTARNG Unit in Dillon. He assured the rumors regarding dangerous chemicals onsite were false; he also invited the City of Dillon to an open house in May. Upon completion of his brief, SSG Schleining

presented the City of Dillon with a plaque recognizing the City’s support of the National Guard.

 

7:35 p.m. Mayor Malesich called for a five-minute recess.

7:43 p.m. Mayor Malesich called the meeting back to order.

 

The council and administration discussed justifications for copy costs regarding additional council meeting packets. Packets are available 48-hours in advance for the public to view at City Hall and Dillon Library, in addition to two packets available at the council table during the meeting. Copy prices were established years ago at $0.25 per page (same as Beaverhead County offices).

 

Citizen Ken Kailey asked why his council resolution was not placed on the agenda. The council discussed why it should and should not have been placed on the agenda. Mayor Malesich stated that only the council could submit a resolution and, in his judgment, it was unfounded allegations, therefore, the process called for Mr. Kailey hiring an attorney and proceeding through the County Attorney.

 

MAYOR’S REPORT TO THE CITY COUNCIL:

 

  1. Ryan McGee of A.L.M. Consulting briefed the council on the proposed cost and status of the asbestos in City Hall (Department of Labor & Industry requested the asbestos removed). Phase I – Main and Firearm Storage: Mobilization and asbestos abatement subtotal: $8,912.50. Phase II – Boiler Room and Coal Storage: Mobilization, asbestos abatement, boiler demolition subtotal: $11,450.00 or Mobilization and asbestos abatement: $6,450.00. In addition to the above fees will be professional engineering fees from A.L.M. Councilperson Lawson motioned to proceed with the project, seconded by Councilperson Troedsson and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

  1. Fire Hall Report was presented to the council by Fire Chief Scott Marsh. Councilperson Straugh moved to approve, seconded by Councilperson Lawson and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

  1. Citizens Requests Report was presented by Mayor Malesich. Councilperson Lawson discussed item #8599 with the council. The council reiterated owners are responsible for the upkeep of sidewalks in front of their property.

 

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REPORTS OF OFFICERS AND BOARDS OF THE CITY:

 

ATTORNEY – W.G. Gilbert, III - Mr. Gilbert reported they have worked on planning board issues and DUI cases the past month.

 

PLANNING BOARD: -- Vice-Chairman -Mr. Riley reported the planning board was scheduled to meet again on April 4 & 10, 2007.

1.      Ruby View Annexation Petition:  Mr. Riley reported the project had a May 1, 2007 deadline to meet. Council discussed the procedure order of approving the subdivision before and after annexation of the property. The planning board had unanimously approved writing a letter to the developer stating they would require a full completed major subdivision review package, on Ruby View, and at the time of preliminary plat approval for the subdivision, annexation into the City would be recommended.

 

2.      Tessier’s Subdivision No. 2: Mr. Riley reported the planning board unanimously requested the owners abide by recommendations from their March 13, 2007 meeting as part of their process of filing the amended plat. The Director of Operations reported that the subdivision was undergoing a boundary line adjustment through Beaverhead County and that there was not a subdivision process per se. The planning board voted unanimously to recommend to the council that the Tessier/Vista View Subdivision lots 1-9 be annexed to the City of Dillon.  

 

3.      North Interchange Annexation Petition: The planning board recommended the approval of the requested annexation of the 3.61 +/- acres of land to the City of Dillon with requirements as stipulated in the planning board meeting minutes of March 13, 2007. Council discussed the pros and cons of ownership/part-ownership of the lift station associated with the area. D.E.Q. requirements necessitate upgrades if ownership of the lift station takes place. Councilperson Klakken moved to start the process to do a resolution for annexation of the North Interchange with the existing, as well as the proposed water and sewer systems meeting DEQ approval at no cost to the City of Dillon, seconded by Councilperson Troedsson and a poll vote:

 

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

5 – Yes, 3 – No.

MOTION APPROVED.

 

 

 

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4.      Elk Creek Condominium Project: The Public Hearing was held on March 13, 2007. Kevin Button presented the overview of his project; he will build eight single family condominium units. Chairman Carpita confirmed with Mr. Button

that the state inspector and the state fire marshal stated he was in full compliance with their department requirements. City of Dillon Fire Marshal

Rick Later notified Mr. Button that with no access on the Westside of the building, the fire department requested the buildings shall be equipped with fire sprinklers.

 

The planning board’s regular meeting on March 13, 2007 reviewed the models of condominiums under Title 16. The planning board voted unanimously to seek legal counsel regarding how the subdivision would be reviewed under state law, or their current Title 16.

 

Councilperson Lawson moved to proceed with planning board recommendations, seconded by Councilperson Straugh and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

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

 

TREASURER – T.P. Cobb – No report.

 

POLICE CHIEF – John Gutcheck – The Monthly Report for February 2007 was presented to the council. Councilperson Troedsson moved to approve, seconded by Councilperson Riley and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

FIRE CHIEF – Scott Marsh – No report.

 

DIRECTOR OF OPERATIONS – J.S. Turner – Mr. Turner reported the City streets were under construction repairs due to frost boils. Obtaining asphalt for the streets will not be possible until May. The water department continued replacing meters throughout the City.

The Zoning Compliance Certificates applied for:

#1931 Kristy Marxer 10x12’ Storage Shed – 130 W. Park St.

#1932 Monarch Ltd. Single Family Residence – Monroe Ave.

 

Zoning Compliance Certificates issued:

#1928 Ed Coad 27 x 68’ Manufactured Home w/attached garage – 419 N. Pacific St.

 

No variances were applied for, nor granted.

 

 

 

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LIBRARY BOARD – Marie Habener – No report – Mr. Riley informed the council the Library Board was in the process developing a long-term, five-year plan.

 

STANDING COMMITTEES:

 

JUDICIARY – Mike Riley, Chair – Councilperson Riley presented the minutes of the March 19, 2007 Judiciary Committee meeting and moved to approve, seconded by Councilperson Troedsson and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

Mr. Riley reported to the Council the Judiciary Committee recommended that the Tessier/Vista View Subdivision lots one – nine be annexed to the City of Dillon. After council discussion to begin the process and the property owner’s willingness to fill out the annexation petition, Councilperson Straugh moved to table the annexation, seconded by Councilperson Mastandrea and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

FINANCE – Mike Klakken, Chair – Councilperson Klakken presented the minutes of March 12, 2007 Finance Committee meeting and moved to approve, seconded by Councilperson McIsaac and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

Mr. Klakken briefed the Council on the Finance Committee meeting topic: Options for Police Retirement payment. After much discussion about the pros and cons of: entering the State of Montana’s Police Retirement Fund; the mapping process required to join the Fund; and, the consideration of having Mr. Gilbert draft an ordinance to change the amount withheld from police salary payments, repealing all sections of the police retirement system, and transferring the Dillon Police Retirement Fund to the State; the committee recommended to the city council to adopt an ordinance to join to the public police retirement board in accordance with 19-9-207.

 

The council discussed negotiating the amount of money necessary to enter the State Fund, and sending an ad hoc committee to Helena to negotiate. Councilperson Graham moved to proceed with an ordinance, seconded by Councilperson Lawson and unanimously approved.

MOTION UNANIMOUSLY APPROVED.   

 

Mr. Klakken presented the Water & Sewer Department Financial Reports for February 2007 for approval, seconded by Councilperson Straugh and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

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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 – Mr. Graham presented the minutes of the March 13, 2007 Cemetery Committee meeting. Councilperson Mastandrea moved to approve, seconded by Councilperson Lawson and unanimously approved.

MOTION UNANI MOUSLY APPROVED.

 

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

 

STREETS AND ALLEYS – Jim McIsaac, Chair – Mr. McIsaac presented the minutes of the March 14, 2007 Street and Alley Committee meeting. Councilperson Lawson moved to approve, seconded by Councilperson Riley and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

            1. The committee recommended to the council that the sentence, “Growth to the east of current city limits may require more east-west corridors.” remain in the City of Dillon’s C.I.P with remainder of the paragraph to be deleted. Councilperson Mastandrea moved to accept the recommendation, seconded by Councilperson Lawson and a poll vote:

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

7 – Yes, 1 – No.

MOTION CARRIED.          

            2. The prototype for the bike rack was presented to the council. The estimated cost of manufacturing is $131.00+. Councilperson McIsaac moved to recommend installing the bike racks at a cost of $200.00, seconded by Councilperson Riley and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

WATER AND SEWER – Mike Klakken, Chair – Mr. Klakken presented the minutes of the March 15, 2007 minutes for approval. Mr. Straugh moved to approved, seconded by Mr. McIsaac and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

Mr. Klakken reported:

1.                            The committee members approved adjusting Pat Ori’s water bill for January; her water meter is now working correctly according to the head of the water department, Bob Cottom.

 

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2.                            Bill Shafer was not being charged for construction fees on one of his two water meters. The committee stated every water user will be

charged construction costs, therefore, his new rate will reflect additional fees.

3.                            The committee moved to have J.S. Turner write a letter to Gordon Miller, regarding his subdivision, requesting a plan conforming to the City’s ordinances, applicable D.E.Q. requirements, and that the existing

water line on the property, if moved, will be installed at his own expense.

4.                            The committee moved to have Mr. Gilbert prepare changes to the water and sewer section of Ordinance 13.04 to include delegation of authority to the committee to waive and/or change the water/sewer bills of customers, and to have all new residential constructions to have a water pit to be located on City property.

 

The Water and Sewer Committees’ request to amend Ordinance 13.04 was considered by the council; the matter was referred to the Judiciary Committee for amendment verbiage.

 

            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 11:15 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.

 

 

                                                                        Submitted by:

 

                                                                        _____________________________

                                                                        Amber K. Herzog, City Hall Clerk

ATTEST:

 

____________________________

Martin R. Malesich, Mayor

 

                                                                        Approved by:

 

 

                                                                        _____________________________

                                                                        Faye E.  Jones, City Clerk