MINUTES OF THE REGULAR MEETING

DILLON CITY COUNCIL

May 16, 2007

COUNCIL

PRESENT: Mike Riley, Nils Troedsson, Raymond Graham, Mike Klakken, Al Lawson, Jim McIsaac and

Mayor Martin Malesich.

COUNCIL

EXCUSED: Frank Mastandrea, Tom Straugh.

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 7:28 PM. Mayor Malesich asked Councilperson Troedsson to lead the pledge of allegiance.

The first order of business was the approval of the May 2, 2007 regular meeting minutes. Councilperson Lawson moved to approve the minutes, seconded by Councilperson Riley. The following corrections were noted:

1. Page 4, line 1: Remove “…-Both are bogus.”

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

Councilperson McIsaac abstained.

MOTION UNANIMOUSLY APPROVED

Mayor Malesich asked for a vote on the proposed annexation and zoning of the DEW property east of Safeway. Councilperson McIsaac moved to adopt the ordinance to annex the property, seconded by Councilperson Troedsson. Councilperson Klakken stated the issue could not be voted on at this time because the draft resolution was handed out five minutes before the Public Hearing, dated 05/16/07, without prior notice. The question was called and the motion approved with a poll vote:

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

4 – Yes, 2 – No.

MOTION APPROVED.

PETITIONS AND COMMUNICATIONS

Motion to dismiss McIsaac/Houk lawsuit by Phillips Bohyer & Hedger, P.C. Mr. Gilbert informed the Council the documents were sent to the insurance company and the insurance company hired a law firm regarding this land use case. Although MMIA has accepted the defense of the case, they have not accepted the liability of monies involved. There is a $1500.00 deductable involved.

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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. Citizen Kurt Ferguson addressed the Council and stated he had submitted a letter, last summer, requesting an agenda item for speed limit signs along Railroad, Rife and Argenta Streets. This matter was referred to the Street & Alley Committee.

MAYOR’S REPORT TO THE CITY COUNCIL:

Annexation Resolution and Checklist: Jim Carpita, President of the Planning Board submitted a letter to Mayor Malesich and Councilpersons. The letter outlined the suggested resolution language and associated checklist of items to be submitted as part of any annexation request. Councilperson Troedsson moved to approve, seconded by Councilperson Riley. Council discussed whether the ordinance will override the existing water rights. The question was called and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

Draft Ordinance Condo Zoning Amendment for May 17, 2007 Special Public Hearing: A Special Council Meeting was scheduled for May 17, 2007 for this Ordinance. Councilperson Klakken stated in his opinion the Special Council Meeting regarding the ordinance was not legal; therefore he would not be attending.
First reading of Ordinance Amending Animal Control, Dillon Municipal Code Title 6. Councilperson Graham moved to approve the ordinance, seconded by Councilperson Riley and a discussion about removing cats from the ordinance ensued. Councilperson Klakken moved to amend to remove cats, seconded by Councilperson Troedsson. Further discussion from citizens and Council members about retaining cats and removing cats from ordinance continued. The question was called for amending the ordinance and a poll vote:

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

3 – Yes, 3 – No. Mayor Malesich voted: No. Motion Failed.

MOTION FAILED.

The question was called for the original motion and a poll vote:

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

3 – Yes, 3 – No. Mayor Malesich voted: Yes. Motion Approved.

MOTION APPROVED.

Board of Adjustments Hearing Minutes: The minutes were presented for

informational purposes to the Council. During the May 8, 2007 meeting, a request for a variance at 215 W. Glendale, was denied. Mr. Turner informed the Council

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the property owners changed their plans with a new structure that met compliance requirements.

Poindexter Cemetery Discussion – Citizen Lynn Westad presented the Council with a history of Poindexter Cemetery. There are twenty-four signatures on file asking the City to take care of the cemetery; they’ve requested a fence around the property, tombstones set back-up and the property mowed-down two times a year. Mr. Gilbert will look into a resolution for responsibility.
Fire Hall Report – Fire Chief Scott Marsh presented the April 2007 Expenditures Report for approval. Councilperson Riley moved to approve, seconded by Councilperson Troedsson and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

Citizens Requests – A Council discussion resulted in a request for a crosswalk and signage near the college on Atlantic Street.

REPORTS OF OFFICERS AND BOARDS OF THE CITY:

ATTORNEY – W.G. Gilbert, III - Mr. Gilbert reported they have been working on zoning & condominium issues around the city. There are five trials scheduled for next week alone.

PLANNING BOARD – Mike Riley, Vice Chairman – Councilperson Riley reported the planning board had concerns about the proposed entrance of Verona Drive onto Franklin. The preliminary plat has been submitted for the Harrington Minor Subdivision.

Next scheduled meeting for the planning board is May 22, 2007.

CITY COURT - Judge Virginia A. Compton – The Judges Report for April 2007 was presented for approval. Councilperson McIsaac moved to approve, seconded by Councilperson Troedsson and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

TREASURER – T. P. Cobb - Mr. Cobb presented the Monthly and Investment Report for April 2007 for approval. Councilperson Troedsson moved to approve, seconded by Councilperson McIsaac and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

POLICE CHIEF - John Gutcheck – Chief Gutcheck presented the Monthly Report for April 2007 for approval. Councilperson McIsaac moved to approve the report, seconded by Councilperson Troedsson and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

FIRE CHIEF - Scott Marsh – No report.

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DIRECTOR OF OPERATIONS – J.S. Turner – Mr. Turner reported a well had been drilled at the cemetery for the workshop at 140’ x 20 gal. a minute, for $3900.00 (in the budget), for the purpose of drinking water. The asbestos removal at City Hall and the Carpita building will be completed in a few days. The crews will contain all airborne material. The City crews have started the summer process of lots of maintenance in the City parks.

The Zoning Compliance Certificates applied for:

# 1944 - Hal Engstrom, 604 N. Pacific – B-Zone –10’ x 20’ shed

#1945 – Winddancer Car Wash, 845 N. Montana – H-Zone – 2’x8’ sign

#1946 – Beaverhead Southern Baptist Church, 1100 E. Bannack – A-Zone – Ramp

#1947 - VOID

Zoning Compliance Certificates issued:

# 1942 – Janey Eudaily, A-Zone, 270 Vista Dr. – 22’ x 24’ addition

Variance applied for: NONE

LIBRARY BOARD – Marie Habener – No report.

STANDING COMMITTEES:

JUDICIARY – Mike Riley, Chair – No report.

FINANCE – Mike Klakken, Chair – No report.

CITY HALL – Al Lawson, Chair – Councilperson Lawson informed the Council about a high school group renting the upstairs hall for a dance on May 18, 2007. The group was well chaperoned and the purpose of the dance was to provide the local high school students with “clean-style” dancing.

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 – Councilperson McIsaac presented the Minutes of Committee Meeting of May 1, 2007 for approval. Councilperson Lawson

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moved to approve, seconded by Councilperson Klakken and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

The first agenda item at the May 1, 2007 meeting was a discussion regarding angle parking at the Presbyterian Church. Chief Gutcheck stated angle parking had been permitted on Sundays without any accidents or complaints in the past. The Committee will wait to make a recommendation until hard data is available.

The second item on the Committee’s agenda was a citizen request for resident parking on Court Street. After discussion, the Committee requested that J.S. and Chief Gutcheck check on ordinance provisions before the Committee will make a recommendation to the Council.

WATER AND SEWER – Mike Klakken, Chair – Councilperson Klakken presented the month of April 2007 Accounts Receivable Reports for approval. Councilperson Troedsson moved to approve, seconded by Councilperson Riley and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

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

MOTION UNANIMOUSLY APPROVED.

The meeting adjourned at 9:15 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