MINUTES OF THE REGULAR MEETING
DILLON CITY COUNCIL
COUNCIL
PRESENT: Nils Troedsson, Mike Riley, Frank Mastandrea, Jim McIsaac, Raymond Graham, Mike Klakken, Al Lawson, Tom Straugh, and Mayor Martin Malesich.
STAFF
PRESENT: W.G. Gilbert, City Attorney; John Gutcheck, Chief of Police; Scott Marsh, Fire Chief; J.S. Turner, Director of Operations; Faye E. Jones, City Clerk; and Amber Herzog, Deputy City Clerk.
STAFF
EXCUSED: Ty Cobb, City Treasurer; Marie Habener, Library Director.
ABSENT: Virginia Compton, City Judge.
Mayor Martin
Malesich called the meeting to order at
The first order of
business was the approval of the
1. Pg 1, 2nd para change: “…have him give is a recommendation whether is it...” to “have him give us a recommendation whether it is…”
2. Pg 2, 4th line change “Mastandrea said that is…” to “Mastandrea said that
We…”
The question was called and Councilperson Troedsson moved to approve as corrected, seconded by Councilperson Straugh and unanimously approved.
MOTION UNANIMOUSLY APPROVED.
The second order
of business was the approval of the
1. Pg 2, 1st para, 2nd line from bottom, change: quality to qualify.
2. Pg 3, 5 lines from bottom, change: “We need be able…” to “We need to be able…”
3. Pg 4, para 2, line 3, change: “Rather that cut…” to “Rather than cut…”
4. Pg 1, 2nd para, line 7, change:”…feet and vote they would want…” to “…feet and vote they way they would want…”
5. Pg 1, 3rd para, line 2, change: “…that want to placing signs…” to “…that want to place signs…”
6. Pg 2, last line change “…not at the bottom…” to “…note at the bottom…”
The question was called and Councilperson Troedsson moved to approve as corrected, seconded by Councilperson Straugh and unanimously approved.
MOTION UNANIMOUSLY APPROVED.
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The third order
of business was the approval of the
1. Pg 6, last para, 5th line, change: “…twenty years ago at Western…” to “…twenty years ago while at UM-Western…”
2. Pg 7, 2nd para, 4th line from bottom, change: Hail to Heil.
The question was called and Councilperson Troedsson moved to approve as corrected, seconded by Councilperson Straugh and approved.
MOTION APPROVED.
NOTE: Councilperson Graham abstained due to his absence from the
meeting.
PETITIONS AND COMMUNICATIONS:
1. Political Forum regarding Dillon City Council
candidates: A letter from Dead Air Broadcasting Company stating the political
forum for the Dillon City Council candidates would be held on
2. Thank you letter from La Cense Beef: A letter
from La Cense Beef thanking Mayor Malesich for his recent letter of support he
provided on their behalf and notifying him, as a result, they received notice
they would be the recipient of a USDA Value Added grant.
3. EPA
Final Ground Water Rule: A letter from Montana Department of Environmental
Quality regarding general information about the Ground Water Rule for Public
Water Supply Systems that serves ground water.
4. Reimbursement for tree repair: A letter from
citizen Gordon Graham requesting the City of
POLICE CHIEF – Police
Chief John Gutcheck
1.
Appointment of
Kenneth Peterson as permanent police officer: Chief Gutcheck requested
probationary officer, Kenneth Peterson, to be confirmed by the City Council as
a permanent member of the police force as required by Montana Statute.
Councilperson Graham moved to approve the appointment of Officer Kenneth
Peterson as a permanent member of the police force, seconded by Councilperson
Lawson 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. It was noted that Animal Control Officer Tara Remely had captured more than thirty
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skunks in the city recently. Ken Kailey thanked
J.S. Turner, Director of Operations for the temporary curbs on
the street needed repair in front of the Button condos. It was noted that North West Energy was responsible for the road patch. Councilperson Lawson also mentioned that there was no designated handicapped parking downtown and he would like to have one spot on each block designated for handicapped parking. Mayor Malesich referred this matter to the Street & Alley Committee.
MAYOR’S REPORT TO THE CITY COUNCIL:
1. Stuart Claim: In the matter of the claim of James Stuart and Betty Stuart vs. The City of Dillon, Ken Breen, Does 1 to 50, inclusive, Political Subdivisions and individuals. Mr. Gilbert stated he received this several of months ago. He stated the County had received it as well. The reason he brought this up was he had investigated this and spoke with the officers involved and noted this was an advocacy document and he recommended the council deny it because the statute of limitations may not start to run against a claim like this until the council denies it. Councilperson Troedsson moved to deny it, seconded by Councilperson Straugh and was approved.
MOTION APPROVED.
NOTE: Councilperson
McIsaac abstained due to a conflict of interest.
2. 2nd Reading Ordinance Amending Dillon Municipal Code Title 17, Chapter 80, Zoning Commission/Planning Board: Councilperson Troedsson moved to approve, seconded by Councilperson Lawson and unanimously approved.
MOTION UNANIMOUSLY
APPROVED.
3. West Ridge Residential Subdivision Plat Application – Preliminary Plat Approval: Terry Forrest of DJ&A briefed the council on the upcoming project. The council in return complimented him on the professional presentation of the entire project application. After council discussion regarding the conditions set forth previously, a discussion regarding the bus stop ensued, and decided the board of transportation would determine the safest location for drop off and pickup, therefore this would not be accepted as a condition for approval. Councilperson Troedsson moved to approve, seconded by Councilperson Straugh and the discussion continued regarding the subdivision. Councilperson McIsaac suggested after review of the finding of fact to recommend a covenant encompassing the garages to include a minimum of 600 sq.ft. for a garage. Councilperson Graham moved to amend the original motion to add the above recommendation and two site specific conditions: The developers will be required to re-establish and maintain the corner marker located in the Willow Court Cul-de-Sac. and .46 acres can be used as a credit towards parkland dedication on any phase II development, seconded by Councilperson Troedsson and unanimously approved.
MOTION UNANIMOUSLY APPROVED.
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The original question was called to approve
the Preliminary Plat of the West Ridge Subdivision and unanimously approved.
MOTION UNANIMOUSLY APPROVED.
AGENDA ITEM OUT OF SEQUENCE
DUE TO TIME FRAME
ATTORNEY – W.G. Gilbert, III
Recommendation of Annexation of Ruby View & West Ridge Subdivisions:
Mr. Gilbert presented a letter to Mayor Malesich stating the Council already adopted a resolution which will annex the Ruby View property when the developers file their final plat or hook up to the water and/or sewer systems, therefore no additional resolution is needed. Regarding West Ridge Subdivision he stated the application clearly contains a statement of intention to annex the subdivision to the city when approved. As the ground is presently agricultural it cannot be annexed without the owner’s permission. If for some reason the subdivision did not go through and the improvements were not installed for some time, he was certain the owners would not want the property annexed into the city until it was necessary to do so. Therefore he concluded it would not be appropriate to present resolutions of intention to annex the abovementioned properties to the city at this time. The council discussed before final plat approval, the property would be annexed concurrently. Councilperson Klakken was on record as opposing this recommendation.
MAYOR’S REPORT CONTINUED
4. Sandra Yetter settlement: The settlement agreement and release between Ms.
Yetter and the City of
MOTION UNANIMOUSLY APPROVED.
5. Resignation of auditor Kevin Peck, CPA, due to work load: Kevin Peck notified Mayor Malesich his workload had increased and would not be able to complete his responsibility as the auditor for the city.
6. Water/Sewer rate adjustment: It was discussed the figures had not been received from Mr. Whalen to date. This matter was referred to the Water and Sewer Committee.
7. Monthly Revenue Report: The Monthly Revenue Report was presented for approval. Councilperson Troedsson moved to approve, seconded by Councilperson Lawson and unanimously approved.
MOTION UNANIMOUSLY APPROVED.
8. Citizens Requests Report was presented for review. Request #8807 was discussed. Councilperson Straugh stated the sidewalk in front of Rookies and
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the old Mini
Mart on
MAYOR MALESICH CALLED FOR A
FIVE MINUTE RECESS
REPORTS OF OFFICERS AND BOARDS OF THE CITY:
ATTORNEY – W.G. Gilbert, III
Monthly Activity Report was presented for review. Councilperson Mastandrea discussed Mr. Gilbert’s report noted sixty-six (66) hours and that Faye had paid him for fifty-five (55) hours; he asked Mr. Gilbert if there were areas he could cut back in. Mr. Gilbert stated he had a jury trial and he did his duty. He mentioned that he was prioritizing his hours. It was discussed if the city was now at risk for only paying him for fifty-five (55) hours in lieu of his actual sixty-six (66) hours worked. Mayor Malesich reminded the council they said to pay Mr. Gilbert fifty-five (55) hours and that is what the city did. Councilperson Lawson stated the council had tied Mr. Gilbert’s and the city’s hands by attempting to limit him to fifty-five (55) hours, adding, “We made one heck of a mistake. That should be amended on the budget.” Councilperson Klakken stated the council should consider the amount of fixed money and not the hour amount. Councilperson Graham stated Mr. Gilbert’s salary was unreasonable for the town’s size. Citizen Ken Kailey suggested Mr. Gilbert not attend all the meetings and annotate.
PLANNING BOARD – Mike Riley, Chairman
1. The developers will be required to
re-establish and maintain the corner marker located in the Willow Court Cul-de-Sac.
2. .46 acres can be used as a credit towards
parkland dedication on any phase II development.
3. The school bus drop off and pickup locations
be determined at a later date, by the County Transportation Board.
Recommendation: A unanimous motion to recommend Preliminary
Plat approval of the West Ridge Subdivision with the three abovementioned site
specific conditions.
Chairman Riley stated the next planning board meeting will be October 9,
2007 and they will work on the final draft of the subdivision regulations and
format the numbering system to finalize the model subdivision regulations then
present themto the council to consider them. They
request a Special Council Meeting by
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DIRECTOR OF OPERATIONS – J.S.
Turner
Zoning Compliance Certificates Applied for:
a. #1969 Monarch Ltd –
b. #1970 Owl Tree – 33
c. #1971 Owl Tree – 112
d. #1973 Leo Jimenez – 651
e. #1974 Leo Jimenez – 647 ½
Zoning Compliance Certificates Issued:
a. #1967 Barry Briggs – Wash & Orr – single family
b. #1968 Myrna Hale – 524 Barnett – shed
c. #1972 Lindy Dalimata – 611 N.
J.S. Turner updated the council on the street repairs and the asphalt
should be in on Monday or Tuesday.
FIRE CHIEF – Scott Marsh – No report.
CITY COURT - Judge Virginia A.
Compton - Monthly Financial
Report: – The Judges Report for
September 2007 was presented for approval. Councilperson Straugh moved to
approve, seconded by Councilperson McIsaac and unanimously approved.
MOTION UNANIMOUSLY APPROVED.
TREASURER – T.
P. Cobb – No report.
LIBRARY BOARD – Marie
Habener – The Library Director, Marie Habener
recently experienced knee surgery. The board will meet
STANDING COMMITTEES:
JUDICIARY – Mike Riley, Chair – No report
FINANCE – Mike Klakken, Chair – Councilperson Straugh moved to approve the Claims/Budget Report for the month of September 2007, seconded by Councilperson Lawson and unanimously approved.
MOTION UNANIMOUSLY APPROVED.
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CITY HALL – Al Lawson, Chair –
The minutes of
MOTION UNANIMOUSLY APPROVED.
Councilperson
Lawson stated the only agenda item at the committee meeting was to establish a
rental policy for City Hall (upstairs).
Recommendation: The committee’s action was a passed motion to not
approve rental of upstairs spaces of City Hall to anyone.
Councilperson
Lawson moved to approve the recommendation, seconded by Councilperson Straugh
and a discussion ensued. It was discussed to secure the court’s computers
before allowing the public access to the building for after hour activities.
Councilperson
Troedsson moved to amend the motion to curtail all activities until a solution
is reached to secure the area, seconded by Councilperson Lawson. The amended
question was called and a poll vote:
Troedsson:
Yes; Graham: Yes; McIsaac: Yes; Mastandrea: Yes; Klakken: No; Lawson: Yes;
Straugh: Yes; Riley: No.
6
– Yes, 2 – No.
MOTION APPROVED.
The
original question was called and a poll vote:
Riley: No; Straugh: Yes; Lawson: Yes; Klakken: No;
Mastandrea: Yes; McIsaac: Yes; Graham: Yes; Troedsson: Yes.
6 – Yes, 2 – No.
MOTION 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 – No report.
STREETS AND ALLEYS – Jim McIsaac, Chair – No report.
WATER AND SEWER – Mike Klakken, Chair – The
MOTION UNANIMOUSLY APPROVED.
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Councilperson Klakken
stated the first item on their meeting agenda was the discussion of a
water/sewer bill for Don Rude.
Recommendation: The committee’s action was a passed motion to
provide no relief to Mr. Rude.
The second item on their
agenda was the assistance with the water/sewer bills.
Recommendation: The committee’s action was a passed motion to defer
action until the next committee meeting.
The final item on their agenda was an item requested by
the City Attorney to the Mayor and not encompassing recommendations by the
council nor their committee, no action was initiated.
Councilperson Troedsson moved to approve the committee’s recommendations, seconded by Councilperson Riley and a poll vote:
Klakken: No; Mastandrea: Yes; McIsaac: Yes; Lawson: Yes; Straugh: Yes; Graham: Yes; Riley: Yes; Troedsson: Yes.
7 – Yes, 1 – No.
MOTION APPROVED.
There being no further business the motion to adjourn was made by Councilperson Troedsson, seconded by Councilperson Graham and unanimously approved.
MOTION UNANIMOUSLY APPROVED.
The meeting
adjourned at
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.
Approved by:
_____________________________
Faye E. Jones, City Clerk
ATTEST:
________________________
Martin R. Malesich, Mayor
Submitted by:
_____________________________
Amber K Herzog, Deputy City Clerk