MINUTES OF THE REGULAR MEETING

DILLON CITY COUNCIL

May 2, 2007

COUNCIL

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

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

 

COUNCIL

EXCUSED:    Jim McIsaac

 

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 Straugh to lead the pledge of allegiance.

 

The first order of business was the approval of the April 18, 2007 regular meeting minutes.  Councilperson Straugh moved to approve the minutes, seconded by Councilperson Lawson. The following corrections were noted:

 

1.      Page 4, item 1, line 21: add the original motion vote.

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

MOTION UNANIMOUSLY APPROVED

 

PETITIONS AND COMMUNICATIONS

Letter from Sen. Jon Tester thanking Mayor Malesich for his letter showing support against the Real ID Act.

 

PUBLIC COMMENT ON PUBLIC MATTERS NOT ON THE AGENDA:

Mayor Malesich asked the citizens present if they wished to address the council. David Dray, son of Betty Stevens of 530 S. California asked the Council to help with the sewage clean-up at his mother’s property. Mayor Malesich asked Mr. Dray to meet him the following morning at 8:00 A.M. (May 3, 2007) at City Hall, and together they would phone the insurance adjuster to resolve the issue of miscommunication.

 

 

 

 

 

 

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MAYOR’S REPORT TO THE CITY COUNCIL:

 

  1. Confirm Appointment of Emily Guiberson to Volunteer Fire Department. Mayor Malesich asked Fire Chief Marsh to introduce the first female firefighter in Dillon’s history. The Council and Mayor welcomed Mrs. Guiberson. Councilperson Lawson moved to confirm the appointment, seconded by Councilperson Troedsson and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

  1. Confirm Appointment of Fire Chief Scott Marsh
  2. Confirm Appointment of Assistant Fire Chief Tom Barnes. Councilperson Troedsson moved to confirm the appointments, seconded by Councilperson Graham and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

  1. Beaverhead Bar Supply Building Asbestos Abatement: J.S. Turner, Director of Operations received correspondence from the company the Council approved to remove the asbestos from City Hall, A.L.M. Consulting. The Council had directed J.S. to look into the removal of the asbestos at the Bar Supply building therefore he requested a proposal from A.L.M. to remove the asbestos from the Bar Supply building at the same time they removed the asbestos from City Hall. The total price for abatement $8,579.00, without vermiculite and $10,379.00 with vermiculite. Councilperson Klakken moved to approve A.L.M. to remove the asbestos with vermiculite removal from the Bar Supply building, seconded by Councilperson Lawson and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

  1. Resolution Intent for Urgency Amendment to Zoning Ordinances. Councilperson Straugh moved to approve, seconded by Councilperson Troedsson. After council discussion Councilperson Straugh moved to modify the resolution, removing the first whereas reference, “pursuant to Section 76-2-4601 M.C.A., seconded by Councilperson Troedsson and a poll vote:

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

4 – Yes, 3 – No.

MOTION APPROVED.

           

            The question was called to vote on the resolution and a poll vote:

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

5 – Yes, 2 – No.

MOTION APPROVED.

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Public Hearing scheduled May 17, 2007 at 5:30 P.M. regarding a Resolution Intent for Urgency Amendment to Zoning Ordinances and following a Special Council Meeting scheduled May 17, 2007 at 6:00 P.M. regarding the same issue.

 

  1. Ordinance Amending the Dillon Municipal Code Title 17 Condo Review by Planning Board DRAFT. Councilperson Straugh moved to amend the draft changing:
    1. 2nd Whereas...Section 76-2-203 to 76-3-203.
    2. 4th Whereas...construction of wooden residential structures to ...construction of structures...
    3. Remove entire 5th Whereas.
    4. Remove entire 6th Whereas.

And seconded by Councilperson Lawson and motion unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

Councilperson Straugh moved to request Mr. Gilbert change the draft ordinance, seconded by Councilperson Lawson and a poll vote:

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

6 – Yes, 1 – No

MOTION APPROVED.

 

  1. Ordinance Amending the Dillon Municipal Code Title 2 Dog Waste Disposal DRAFT. Councilperson Straugh moved to accept the DRAFT ordinance, seconded by Councilperson Lawson and a poll vote:

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

5 – Yes, 2 – No

MOTION APPROVED.

 

  1. Monthly Revenue Report: Councilperson Straugh moved to approve, seconded by Councilperson Lawson and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

  1. Citizen’s Report was presented by Mayor Malesich. It was noted the dirty rat had been captured by Tara Remely, Animal Control Officer and has new living quarters as the family pet at the Cemetery Sexton’s home.

 

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 picked up; they have ten trials scheduled for the next two weeks – six pleas and they expect two more pleas with two cases that

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will be tried. The City of Dillon was served with two civil suits. The first suit is regarding an incident that happened November 8, 2005. Officers did not find illegal drug paraphernalia as expected. This claim has been submitted to the insurance company. The second suit involves Harry Houk and Jim McIsaac. In 1995 a pipeline was put in and Mr. Mooney tapped into the pipes for his subdivision. This suit has been referred to the insurance company, yet they cover negligence only and this looks like a breech of contract. The insurance company has acknowledged receipt of the claim.

 

The next Ad Hoc meeting is scheduled May 8, 2007 12:00P.M.

 

PLANNING BOARD: -- Jim Carpita, Chairman – Planning Board Contract for Administrative Services. Councilperson Graham moved to approve the contract, seconded by Councilperson Straugh and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

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:

 

#1939 Grizzly Grounds, LLC.– 215 W. Glendale–Move house onto new foundation and add addition - A zone

#1940 Monarch Ltd. 620 Highland Ave – Single Family Residence - A zone

#1941 Monarch Ltd. 621 Highland Ave – Single Family Residence – A zone

#1942 Janey Eudaily 270 Vista Drive – 22’x24’ Addition – A zone

#1943 John Neal, 127 N. Pacific St. – 24’ x 24’ Garage – C zone

 

Zoning Compliance Certificates issued:

#1930  Tim Peek, 236 S. Dakota – Addition – A zone

#1933  Staaks Dewey Properties, 840 N. Montana – Commercial

#1936  Monarch Ltd. 29 – 45 Tobacco Root – 2 garages

 

Variance applied for:

 

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#1939 – Grizzly Ground, LLC. 215 W. Glendale – Move house onto new foundation & add addition.

 

Board of Adjustments Hearing is scheduled May 8, 2007 at 6:00 P.M.

 

POLICE CHIEF – John Gutcheck – No report.

 

FIRE CHIEF – Scott Marsh – Mr. Marsh thanked the Rotary Club and citizens of Dillon for the dinner served with appreciation to the firefighters.

 

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

 

TREASURER – T.P. Cobb – Mr. Cobb presented the Cash Report for December 2006, January 2007, February 2007 and March 2007 and Councilperson Lawson moved to approve, seconded by Councilperson Troedsson and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

LIBRARY BOARD – Marie Habener – No report

 

STANDING COMMITTEES:

 

JUDICIARY – Mike Riley, Chair – Councilperson Riley presented the minutes of the April 26, 2007 Judiciary Committee meeting. Councilperson Straugh moved to approve, seconded by Councilperson Troedsson and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

First item on the Judiciary Committee’s agenda was the issue of hiring counsel to represent the City Council with the purpose to investigate actions of the City Attorney regarding his part in the recall defense of the Mayor. A motion (to recommend to the City Council that outside legal counsel be hired to investigate Mr. Gilbert’s involvement with the legal issues regarding the recall of the Mayor, and that the individual hired would make a determination if it would be necessary to go to the Ethics Committee of the State Bar) was not approved.

 

Second item on the agenda was a proposed Tree Ordinance for the City of Dillon. After discussion of the proposed ordinance, it was decided to be continued to the next committee meeting.

 

Third item on the agenda was discussion of public input to City Council and Public Hearings; the discussion will be continued in the future.

 

 

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FINANCE – Mike Klakken, Chair – Councilperson Klakken presented the Claims & Line Item reports for April 2007. Councilperson Straugh moved to approve, seconded by Councilperson Troedsson and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

The next Finance Committee meeting is scheduled May 15, 2007 at 6:00 P.M. to discuss the budget amendment.

 

CITY HALL – Al Lawson, Chair – Councilperson Lawson presented the minutes of the April 25, 2007 City Hall Committee meeting for approval, seconded by Councilperson Troedsson and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

Councilperson Lawson reported the Committee moved not to approve renting City Hall for dog training classes.

 

The second item of discussion was the notification of the start date of asbestos removal on May 6, 2007.

 

The third item of discussion was to proceed with stairwell enclosure. It was moved to install doors (ADA compliant) on the south end of the City Hall building. It was recommended to accomplish the abovementioned before winter sets in this budget year.

 

After Council discussion regarding the City Hall recommendations, Councilperson Straugh moved not to rent the upstairs of City Hall to dog training classes, seconded by Councilperson Lawson and a poll vote:

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

6 – Yes, 1 – No.

MOTION APPROVED.

 

The next City Hall Committee Meeting will take place May 15, 2007 at 5:35 P.M.

 

FIRE AND ORDER – Frank Mastandrea, Chair – Councilperson Mastandrea informed the Council about council members’ participation in a concerned citizens’ group to discuss the continuation of emergency services within Dillon. He would like to see support in the participation, seconded by Councilperson Straugh.

 

PARKS AND PLAYGROUNDS – Nils Troedsson, Chair – Councilperson Troedsson reported to the Council about the City of Dillon’s 1st Arbor Day Celebration; the turn-out was great, the school participation was successful and the Dillon Garden Club did a tremendous job. The Dillon Garden Club, in conjunction with students from the middle

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school and Parkview Elementary planted a beautiful tree in Children’s Park. The Dillon Garden Club received numerous small trees from the Arbor Day Foundation grant that they will care for until they are ready to plant in a year or two in the City Parks.

 

J.S. Turner has been busy with the Skate Park and Sweetwater Coffee generously donated the funds for sod at the park.

 

CEMETERY – Raymond Graham, Chair – Councilperson Graham presented the minutes of the April 17, 2007 meeting for approval. Councilperson Straugh moved to accept, seconded by Councilperson Troeddson and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

Councilperson Graham reported the Committee’s first item of discussion was regarding purchasing back previously sold burial sites. The motion to purchase back the sites that sold for $350.00 for $300.00 and leave the old prices the same was approved.

 

The second item discussed was the County burial rate increase. The motion that the County pay the same rate set by the City Ordinance at no discount was approved.

 

Councilperson Straugh moved to approve the two recommendations, seconded by Councilperson Graham and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

The third item of Committee discussion was Poindexter Cemetery. The motion to take ownership of the cemetery was approved.

 

After Council discussion, the motion to defer the discussion until next meeting was moved by Councilperson Troeddson and seconded by Councilperson Straugh and a poll vote:

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

5 – Yes, 2 – No.

MOTION APPROVED.

 

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

 

STREETS AND ALLEYS – Jim McIsaac, Chair – No report.

           

WATER AND SEWER – Mike Klakken, Chair – Councilperson Klakken presented the minutes of the April 26, 2007 Water and Sewer Committee meeting for approval. Councilperson Lawson moved to approve, seconded by Councilperson Straugh and unanimously approved.

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MOTION UNANIMOUSLY APPROVED.

 

The first item on the Committee agenda was a discussion to change the Water & Sewer late fee 2nd notice. Last November the Committee had voted to change the 1st Notice Past Due from $3.00 to $15.00. A motion to change the 2nd notice fee from $25.00 to $ 40.00 was approved.

 

After Council discussion regarding Past Due 2nd Notice, Councilperson Lawson moved to approve the recommendation, seconded by Councilperson Straugh and a poll vote:

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

4 – Yes, 3 – No.

MOTION APPROVED.

 

A Public Hearing will be scheduled after a two week notice.

 

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

MOTION UNANIMOUSLY APPROVED.

 

The meeting adjourned at 9:17 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