MINUTES OF THE REGULAR MEETING

DILLON CITY COUNCIL

June 6, 2007

COUNCIL

PRESENT:     Mike Riley, Nils Troedsson, Raymond Graham, Mike Klakken, Al  

                        Lawson, Tom Straugh, and Mayor Martin Malesich.

COUNCIL

EXCUSED:    Jim McIsaac, Frank Mastandrea.

 

STAFF

PRESENT:     J.S. Turner, Director of Operations; John Gutcheck, Chief of Police; Ty Cobb, City Treasurer; 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 May 16, 2007 regular meeting minutes.  Councilperson Lawson moved to approve the minutes, seconded by Councilperson Troedsson. The following corrections were noted:

 

1.      Page 1, 3rd para., line 2 change: ordinance to resolution.

2.      Page 1, 3rd para., line 5 add: and this item was not on the agenda.

3.      Page 4, City Hall, remove: for a dance…clean-style dancing.

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

MOTION APPROVED – Councilperson Straugh abstained due to absence of the 05/16/07 meeting.

 

PETITIONS AND COMMUNICATIONS: 

            Mary Jo O’Rourke presented an overview of museum volunteerism. She requested the Council, staff and citizens volunteer to host the museum programs from 5-8 P.M. once a month. A sign-up sheet was passed around.

 

PUBLIC COMMENT ON PUBLIC MATTERS NOT ON THE AGENDA:

Mayor Malesich asked the citizens present if they wished to address the council. Councilperson Troedsson proposed moving the recording equipment to the back of the room to initiate, “taking our table back.”  He reported the recording equipment was originally placed on the table to offer the public access, at the library, to the recording of the council meetings, yet, the library has not had a recording delivered since 12/2006. Council discussed the benefits and disadvantages of the recording equipment. J.P. Plutt of the Dillon Tribune advocated the recordings for his reporting. This matter was referred to the City Hall Committee to study.

 

Dillon City Council

June 6, 2007

Page 2

 

MAYOR’S REPORT TO THE CITY COUNCIL:

 

  1. Resolution – Poindexter Cemetery: Mayor Malesich presented the resolution. Councilperson Graham moved to approve, seconded by Councilperson Straugh and the discussion was opened. Citizen Lynn Westad submitted a record of historical facts about Poindexter Cemetery to include a list of tombstones still present. Ron Briggs of Brundage Mortuary stated he had probed, with a metal rod, the suspected locations of graves.  He stated there were two probable locations, with two possible others that he found. After further discussion about whether the City had the right to take over the cemetery or not, that the easement to the cemetery issue should be resolved first and that the citizens of Dillon felt the cemetery should be given respect. Councilperson Troedsson proposed deferring the discussion until the City Attorney was present. It was heard that Bob Turney verbally gave an easement to the cemetery through his property, although another citizen stated the Turney property was for sale. Councilperson Graham moved to amend the resolution to include the living family descendents of those buried at Poindexter sign deeds over to the City of Dillon, seconded by Councilperson Riley and a poll vote:

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

4 – Yes, 2 – No.

MOTION APPROVED.

 

Councilperson Klakken stated the resolution is not truthful; he has documentation that states there are not bodies in the cemetery. The author of the document, Cashmore, states the entire cemetery was moved by the sexton up to Mt. View Cemetery. Councilperson Straugh remarked the Cashmore book may document the move of a different cemetery. The question was called and a poll vote:

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

5 – Yes, 1 – No.

MOTION APPROVED.

 

  1. Second Reading – Dog & Cat Waste Ordinance: Councilperson Graham moved to approve, seconded by Councilperson Lawson. After a lengthy council discussion regarding removing/not removing cats from the ordinance, Councilperson Graham moved to remove cats from the ordinance, seconded by Councilperson Klakken and a poll vote:

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

5 – Yes, 1 – No.

MOTION APPROVED.

 

 

 

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June 6, 2007

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            Councilperson Klakken moved to change the “up to” fine of $250.00 to

$100.00, seconded by Councilperson Troedsson. Councilperson Riley reminded the Council that the City Attorney had drafted the ordinance and the “up to” fine of $250.00. The question was called and a poll vote:

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

1 – Yes, 5 – No.

MOTION FAILED.

 

            The question was called on the original motion and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

NOTE: The major change to the original ordinance requires this to be considered the first reading.

 

Mayor Malesich apologized that he had missed calling on Claude Matney during Public Comment on Public Matters Not on the Agenda.

 

            Mr. Claude Matney, representing Matney-Frantz Engineering of Bozeman, Montana stated that Federal financial support was available to communities for bioengineering wind energy. The wind turbines/small head hydros offset electric costs and will hedge against future electric increases. The revenue bond application was due July 13, 2007. If Dillon was interested, a $1000.00 commitment was necessary to have his firm assist with the IRS application. An additional $5000.00 would be necessary although upon bond issuance, the $6000.00 would be refunded. After council discussion, the matter was referred to the Health & Welfare Committee. Mr. Cobb was also requested to attend the Committee meeting.

 

  1. Warm Winds partners Annexation: Mr. Jim Capita, President of the Planning Board stated the Planning Board did write a letter with a recommendation to the Council agreeing with this annexation with the water systems transferring to the City. Councilperson Riley moved to approve the annexation, seconded by Councilperson Straugh. A discussion about the zoning category ensued. The Council agreed it should be in the “H” zone. Councilperson Klakken moved to amend to include “H” zone, seconded by Councilperson Graham. Discussion about fire protection concerning a buried propane tank developed and Mr. Ron Johnson of Dillon stated they were not burying a tank.  They were installing natural gas lines. The question was called on the amendment and the motion was unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

            The question was called on the original resolution and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

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June 6, 2007

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  1. Second Reading – Ordinance Amending Municipal Code, Title 2: City Treasurer, Ty Cobb mentioned there were bids coming in from a very reputable company.  After council discussion, Councilperson Troedsson moved to defer for further information, seconded by Councilperson Lawson and a poll vote:

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

4 – Yes, 2 – No.

MOTION APPROVED.

 

  1. Library Board Appointment:
    1. Kendra Madany: A letter of interest from Dillon resident Kendra Madany was presented. Kendra has numerous qualifications and Councilperson Troedsson moved to appoint, seconded by Councilperson Riley and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

    1. Reappointment of John Warren for a 2nd term: Councilperson Straugh moved to reappoint, seconded by Councilperson Troedsson and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

  1. Appointment of Mayor to Beaverhead County Health Board: Councilperson Straugh moved to reappoint, seconded by Councilperson Troedsson and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

  1. Appointment of Subdivision Administrator – J.S. Turner: Councilperson Troedsson moved to appoint, seconded by Councilperson Riley. Council discussion regarding this matter should be before the planning board committee for recommendation and Jim Carpita stated he would like the planning board to be involved in the process and who the subdivision administrator should be accountable to and so on. Mayor Malesich stated he would entertain a recommendation from the planning board for his appointment. After further discussion, both councilmen withdrew and the motion died.

 

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

MOTION UNANIMOUSLY APPROVED.

 

  1. Citizens Requests: Council discussed Kevin Button’s construction sites causing havoc on the streets with traffic obstacles. The police department has visited the sites several times and it was agreed more forceful action will take place for repeated offenses.

 

Dillon City Council

June 6, 2007

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REPORTS OF OFFICERS AND BOARDS OF THE CITY:

 

ATTORNEY – W.G. Gilbert, III – No report, the monthly timecard was submitted.

 

PLANNING BOARD: -- Jim Carpita, Chairman - Mr. Carpita reported the planning board had met and had recommendations for the council. Also, the Joint Task Force Public Hearing was scheduled June 13, 2007 at 7:00 P.M. He informed the council the Ruby View Resolution bothered him. He stated the City Council should not provide for zoning without the planning board process. The resolution, in its final form, states lots, blocks and zones. The resolution has tied the planning board’s hands.

  1. Harrington Subsequent Minor Subdivision: This subdivision was reviewed under different guidelines than the model. After considerable discussion and review of the information submitted by the Developer, the City of Dillon Planning Board offers the following recommendation: The proposed division of Lot 5 into Lots 5A, 5B, and 5C be approved provided that the developer provides proof that the division is not in violation or contrary to any covenant or prior conditions of approval that may run with the land. Councilperson Riley moved to approve, seconded by Councilperson Straugh. Councilperson Klakken stated this is the second minor on this land, therefore 16.12 apply for a major subdivision; this needs a public hearing per State Code. The council discussed the review period will be extended to 60 days from May 11, 2007. Councilperson Riley stated the planning board had spoke with Mr. Gilbert about it and they recommend moving ahead on the subdivision. If the planning board errors, it will not affect the property owner’s rights. State law allows this procedure and this is what J.S. followed on this subdivision. The City has not adopted this yet and in the meantime we are following State law. Councilperson Klakken stated they will follow City Ordinances unless they are in violation. The question was called and a poll vote:

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

4 –Yes, 2 – No.

MOTION APPROVED.

 

  1. Nettik Subdivision: Mr. Carpita informed the council the developer of this project is proposing to create a new through street, Verona Drive. The new street would intersect with Vine Street approximately 160 feet north of Franklin Ave. Also connecting into Vine Street 90 feet north of Verona would be a driveway that would serve one-half of the development. The other end of Verona Street would intersect Franklin Avenue approximately 100 feet west of North Pacific Street.

 

 

 

Dillon City Council

June 6, 2007

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While the subdivision itself is exempt from review as noted in a recent letter from the City Attorney, the planning board is charged with the review of proposed public ways, MCA 76-1-106. Therefore, the City of Dillon Planning Board

unanimously passed a motion at its scheduled meeting on May 22, 2007 making the following recommendations to the City Council:

1)                            Redesign Verona Drive to create a non-thru street terminating with a cul-de-sac midway into the project servicing all eight units (2 structures).

2)                            Verona Drive shall be constructed with curb and gutters on both sides for its entire length and sidewalks on the north side.

3)                            Rearrange the building lay out as required to eliminate the proposed driveway accessing Vine Street.

4)                            The developer/home owners association shall be responsible for maintaining all on-site drainage/storm water treatment facilities. Councilperson Straugh moved to approve with the planning boards recommendations, seconded by Councilperson Troedsson and a unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

DIRECTOR OF OPERATIONS – J.S. Turner – Mr. Turner presented:

The Zoning Compliance Certificates applied for:

#1948 Fred Eaton, 1005 E. Sebree – 10’x16’ shed

#1949 Grizzly Grounds, 26’x32’ single family residence

#1950 Identity Hair Salon Handicapped Ramp

 

Zoning Compliance Certificates issued:

#1940 Monarch Ltd., 620 Highland – single family

#1941 Monarch Ltd., 620 Highland Ave. – single family

#1942 Janet Eudaily, 270 Vista Dr., 22’x24’ Addition

 

No variances were applied for, nor granted.

 

POLICE CHIEF – John Gutcheck – No report

 

FIRE CHIEF – Scott Marsh – No report

 

CITY COURT – Judge Virginia A. Compton – The May 2007 Financial Report of City Court was presented. Councilperson Riley moved to approve, seconded by Councilperson Troedsson and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

TREASURER – T.P. Cobb – No report

Dillon City Council

June 6, 2007

Page 7

 

LIBRARY BOARD – Mike Riley – The minutes of the April 17 2007 meeting were presented for review. The board had discussed preliminary figures for the 2007/2008 Fiscal Year Library Budget. Marie Habener received her official Montana State Library Certification. The library is in need of video cases. The computer room refurbishing is progressing. The library is in need of volunteers for help with annual projects. Tentative dates of June 9 and 16 were set for the community visioning process. The solar grant submission to Northwestern Energy was approved by the Board. The library is requesting approval to obtain a VISTA volunteer for a one-year period. Mr. Riley also informed the Council about a Comparison of Libraries by Service Area Population Survey.

 

STANDING COMMITTEES:

 

JUDICIARY – Mike Riley, Chair – No report.

 

FINANCE – Mike Klakken, Chair – Councilperson Klakken presented the minutes of May 15, 2007 Finance Committee meeting. Councilperson Straugh moved to approve, seconded by Councilperson Graham and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

Mr. Klakken briefed the Council on the Finance Committee meeting topic:

a.                           Discuss the General Financial Condition of the City: The subject was how can the General Fund (or any other fund) go negative on the books but not have any checks written from that fund not “bounce” with overdraft. The Committee recommendation: Generate a policy to allow whichever fund that goes negative to borrow money from whatever fund that has enough money and then payback with interest whenever the fund has available money.

b.                          City Attorney’s Timecards: Mr. Klakken stated his investigation showed that Mr. Gilbert was overpaid by approx. $1200.00. He took the action item to discuss which charge was correct and will present his findings at the next committee meeting.

c.                           City Treasurer’s and City Clerk’s Job Duties: Mr. Klakken presented a copy of the position descriptions from the 2005 Montana Code Annotated. It was decided to present the job duties of the positions to the full council.

d.                          Start process to amend 2006/2007 Budget: Mr. Klakken handed out a copy from MCA on the steps to amend the budget. It was decided to wait until a full accounting of the current budget was available before starting the process

 

 

 

Dillon City Council

June 6, 2007

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CITY HALL – Al Lawson, Chair – Councilperson Lawson presented the minutes of the May 15, 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 City Hall Committee meeting topic: They considered terminating the rental agreement with Robin Boyd, Dillon Karate because of lack of ADA compliance with the upstairs hall in the City Hall building. The City Hall Committee’s recommendation to the Council: Terminate the rental agreement and have the Karate Club vacate premises within 90 days of the end of contract.

 

A Council discussion resulted. Councilperson Lawson was concerned the upstairs hall was unsafe because of the siren installed up there. Mr. Carpita reminded the Council that ADA Compliance and safety issues were two different issues. Councilperson Graham moved to postpone any action for two weeks until the City Hall Committee met with Robin Boyd to discuss options, seconded by Councilperson Straugh and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

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 – The next meeting will be scheduled for June 11, 2007 at 5:15 P.M.

 

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

           

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 Riley and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

 The meeting adjourned at 9:53 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.

 

 

Dillon City Council

June 6, 2007

Page 9

 

 

 

                                                                        Submitted by:

 

                                                                        _____________________________

                                                                        Amber K. Herzog, City Hall Clerk

ATTEST:

 

____________________________

Martin R. Malesich, Mayor

 

                                                                        Approved by:

 

 

                                                                        _____________________________

                                                                        Faye E.  Jones, City Clerk