MINUTES OF THE REGULAR MEETING

DILLON CITY COUNCIL

April 18, 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; Faye Jones, City Clerk; Amber Herzog, City Hall Clerk.

ABSENT: Virginia Compton, City Judge.

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

The first order of business was the approval of the April 4, 2007 regular meeting minutes. Councilperson Riley moved to approve the minutes, seconded by Councilperson Straugh. The following corrections were noted:

1. Page 2, item 5, line 7 …and moved to table/change to discuss until next meeting.

2. Page 2, under Public Comment: line 2 …submitted by a citizen/add: for the removal of Mr. Gilbert.

3. Page 3, item 2, line 5, add two paragraphs of changes on the new ordinance draft.

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

MOTION APPROVED – Councilperson Troedsson abstained due to late attendance of the 4/4/07 meeting.

The second item of business was the approval of the April 4, 2007 public hearing minutes. Councilperson Straugh moved to approve, seconded by Councilperson Lawson and approved.

MOTION APPROVED – Councilpersons Troedsson and Klakken abstained due to absence from the hearing.

The third item of business was the approval of the April 10, 2007 special meeting minutes. Councilperson Straugh moved to approve, seconded by Councilperson Lawson and approved.

MOTION APPROVED – Councilperson Troedsson abstained due to absence from the meeting.

PETITIONS AND COMMUNICATIONS: None

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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. Elizabeth Sullivan, 616 California, addressed the council regarding the recent sewage spill. She commended J. S. Turner, Director of Operations for a great job

in helping the citizens involved in the sewage spill. She notified the council the insurance adjuster representing the City’s insurance carrier was sarcastic and argumentive. J.S. Turner reiterated the City has not had any problems with the insurance carrier in the past; he will be present in the future when the insurance adjuster visits citizens regarding the sewage spill.

MAYOR’S REPORT TO THE CITY COUNCIL:

Open City Hall proposed asbestos bids. J.S. Turner notified the council that two companies had submitted bid proposals to ALM Consulting: Western States Scaffolding & Abatement: Phase I: $5821.05. Phase II: 6514.00. Discount: <2863.00>= $9472.05 and Ingraham Environmental: Phase I: $8500.00. Phase II: 11,400.00 (includes removal of boiler). <7500.00> discount = $12400.00. J.S. recommended using the company with the lowest bid: Western States. Councilperson Troedsson moved to approve accepting the lowest bid, seconded by Councilperson Lawson and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

Ordinance amending Dillon Municipal Code, Title 2, Section 2.52.210 and 2.52.220 – Second reading. After a lengthy council discussion regarding approving the ordinance, exploring more options of investing funds, Councilperson Lawson moved to reconsider the ordinance until the first City Council meeting in June 2007, seconded by Councilperson Straugh. Councilperson Mastandrea handed out a report on the finance options available. The question was called, and a poll vote:

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

7 – Yes, 1 – No.

MOTION APPROVED.

Amended Resolution of Annexation of Ruby: City Attorney, Duke Gilbert presented the council with an amended draft of the resolution. The changes from the old draft dated 04/10/2007 to the new draft dated 04/14/2007 was an addition of two paragraphs:

Whereas, it is the intention of the petitioners for annexation that the property be subdivided into various lots for various usages and the ordinances of the City of Dillon, and the provisions of state law require

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that the property be reviewed by the planning board through the normal subdivision process.

Be it further resolved that the City Planning Board review the subdivision of the property according to the normal subdivision approval process, and make a recommendation to the City Council, for the appropriate subdivision planning provided for by city ordinance and state law.

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

MOTION UNANIMOUSLY APPROVED.

Meeting with John and Cal Erb regarding Ruby View and the proposed Erb Residential Development – Mayor Malesich reported he met with John & Cal Erb, along with Mr. Gilbert, Mr. Straugh and Mr. Carpita at the site of the proposed Erb Residential Subdivision south of town. The discussion subject was viewing a preliminary draft layout for two phases of the subdivision project being considered and if the dedication to the City of an area for a walking path, or bike path, would be of any use to the City’s bike/walking path plans. Neither decisions, nor obligations were incurred by either party.

Council discussed the necessity of a park in the southern part of Dillon.

Advisory Committee notes of April 5, 2007 Police Retirement Fund – The committee met in Helena with the Director of MPERA and staff; the topic of conversation was the condition of the Dillon Police Retirement Fund and how to remedy the arrears. None of the options seemed to yield any readily apparent relief from the situation the police retirement fund is in presently. The message was the fund is at the mercy of the actuary’s report regardless of the system they join.

Advisory Committee notes of April 10, 2007 Police Retirement Fund – The committee met in City Hall Chambers and continued to discuss the remedies of the under funded police retirement. It was clear more time was needed to find information to help seek the best solution for the problem. The committee will continue to earnestly pursue the best solution.

Funding for Elected Officials Conference May 9-11, 2007 – The funding for the attendees of the conference will come out of the general fund.

Fire Hall Report – March 2007 Expenditures – Councilperson McIsaac moved to approve the March 2007 Fire Hall Report, seconded by Councilperson Straugh and approved unanimously.

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MOTION UNANIMOUSLY APPROVED.

Citizen’s Requests – Mayor Malesich presented the Citizen’s Request Report for the previous two week period. A discussion about a pack rat in a local shop, and the City crew removing garbage bags from a tree brought some laughs.

REPORTS OF OFFICERS AND BOARDS OF THE CITY:

ATTORNEY – W.G. Gilbert, III - Mr. Gilbert reported they have worked on police retirement issues and, the criminal cases have slowed down some over the past month. Councilperson Graham would like an ordinance regarding citizens picking-up their pet droppings while walking them throughout Dillon.

PLANNING BOARD: -- Jim Carpita, Chairman - Mr. Carpita reported the planning board had met and was requesting action from the council.

1. Emergency Resolution to prohibit construction of condominiums and multifamily projects under the “H – Highway business District” zoning. After a lengthy discussion, with input from the Fire Chief regarding health and safety issues, Councilperson McIsaac moved to refer this back to the planning board to revisit permitted uses in the Highway District, seconded by Councilperson Mastandrea and a poll vote:

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

4 – Yes, 4 – No. Malesich: No.

MOTION FAILED.

After more input from the planning board chairman, the fire chief and planning board members on the serious safety implications involved in not passing the emergency resolution, Councilperson Riley moved: In order to promote public safety and welfare, the Council adopt prohibiting the construction of condominiums and other multi-family dwellings within any area established to be classified as “H-Highway Business District” Zone unless such projects are submitted to full review of the Planning Board, the City Fire Marshall and the State of Montana Building officials in detail, seconded by Councilperson Straugh. Councilperson Straugh moved to amend to include the review of “B” Zone, seconded by Councilperson Mastandrea and a poll vote:

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

5 – Yes, 3 – No.

MOTION APPROVED.

8:50 P.M. Mayor Malesich called for a short break.

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9:00 P.M. Mayor Malesich called the meeting back to order.

2. Annexation Resolution and Checklist – Mr. Carpita presented the council with the Planning Board’s suggested resolution language and associated checklist of items to be submitted as part of any annexation request. J.S. Turner, Director of Operations reported the planning board sought out guidance from Belgrade and Bozeman in constructing the checklist for annexation. After discussion of adding additional safety and pollution items in the future at will,

Councilperson Mastandrea moved to adopt the checklist as an ordinance, seconded by Councilperson McIsaac and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

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

TREASURER – T.P. Cobb – Mr. Cobb presented the Monthly Report for August, September, October, November 2006 and Councilperson Lawson moved to approve, seconded by Councilperson Troedsson and a poll vote:

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

7 – Yes, 1 – No.

MOTION APPROVED.

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

MOTION UNANIMOUSLY APPROVED.

FIRE CHIEF – Scott Marsh – Mr. Marsh requested the appointment of the new firefighter be on the agenda for the next council meeting.

DIRECTOR OF OPERATIONS – J.S. Turner – Mr. Turner reported the City sewer line had tree roots in it and was causing the line to slow down. The city crew went out and hydro flushed the line near the college under the Dillon Canal. The tree roots broke off and traveled under pressure to the 300 block of California where they encountered more obstructions and caused the sewers to back-up into houses. The crews notified J.S. and he immediately had Myrna Carpita contact cleaning crews. The cleaning crews started clean-up within two hours of the incident. The insurance company was contacted immediately and the city’s deductible is $1500.00 per occurrence. At meeting time, the crews had finished clean-up and the adjuster was working with citizens involved to rectify the damage.

The Zoning Compliance Certificates applied for:

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#1936 Monarch Ltd. – 2 24’x 50’ Garages – H zone

#1937 Rickshots Photography – Sign H zone

#1938 Barrett Hospital Commercial Addition in H zone

Zoning Compliance Certificates issued:

#1938 Barrett Hospital Commercial Addition H zone

#1937 Rickshots Photography Sign H zone

No variances were applied for, nor granted.

LIBRARY BOARD – Marie Habener – No report

STANDING COMMITTEES:

JUDICIARY – Mike Riley, Chair – Councilperson Riley presented the minutes of the April 11, 2007 Judiciary Committee meeting and moved to approve, seconded by Councilperson Troedsson and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

First item on the Judiciary Committee’s agenda was that the City Council adhere to its decision of September 2005 to waive any conflict of interest regarding the representation of the law firm of the former City Attorney Andy Suenram, Erb and Suenram, in ongoing representation by that firm for the Dillon Police Officers’ Association. The next scheduled meeting: 5:30 P.M. on April 26, 2007.

Second item on the agenda was public participation in council and public hearings. After a lengthy discussion, recommendation to the council was postponed.

Third item on the agenda was the petition of Kenneth Kailey to review allegations concerning the actions of the City Attorney. Mr. Kailey read from a prepared statement which asked that the matter be withdrawn.

Councilperson Graham stated the City Attorney had threatened him. He wanted the City of Dillon to hire an attorney for him that he could trust. Councilperson Klakken moved to refer this matter to the judiciary committee for consideration, seconded by Councilperson Mastandrea and a poll vote:

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

5 – Yes, 3 – No.

MOTION APPROVED.

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FINANCE – Mike Klakken, Chair – Councilperson Klakken presented the minutes of April 3, 2007 Finance Committee meeting. Councilperson McIsaac moved to approve, seconded by Councilperson Straugh and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

Mr. Klakken briefed the Council on the Finance Committee meeting topic: Approval of the March expenditures, checking accounts and the types of money within the accounts, the City Attorney’s timecards, books out of balance and the status of the 2004-2005 and 2005-2006 audits.

CITY HALL – Al Lawson, Chair – Councilperson Lawson presented the minutes of the April 13, 2007 City Hall Committee meeting. Councilperson Straugh moved to approve the minutes, seconded by Councilperson Troedsson and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

Councilperson Lawson briefed the council on the status of a citizen requesting the upstairs of City Hall for dog training classes. At this time, the citizen is looking into holding the classes elsewhere.

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

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

CEMETERY – Raymond Graham, Chair – Next meeting will be held April 17, 2007 and they will discuss Poindexter Cemetery.

HEALTH AND WELFARE – Tom Straugh, Chair – The Main Street Program has been referred to the Health & Welfare Committee for review and recommendation.

STREETS AND ALLEYS – Jim McIsaac, Chair – J.S. Turner will order the signs for Thomsen Avenue, along with special school crossing signage. Street and Alley Committee will investigate and recommend the angle parking for church services on Sunday.

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 McIsaac and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

The meeting adjourned at 10:08 p.m.

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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