MINUTES OF THE REGULAR MEETING

DILLON CITY COUNCIL

October 17, 2007

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; Ty Cobb, City Treasurer; Faye E. Jones, City Clerk; and Amber K. Herzog, Deputy City Clerk.

STAFF

EXCUSED:    Marie Habener, Library Director.

 

ABSENT:       Virginia Compton, City Judge.

 

Mayor Martin Malesich called the meeting to order at 7:47 PM. 

           

            The first order of business was the approval of the October 3, 2007 Regular Council Meeting Minutes. Councilperson Troedsson moved to approve, seconded by Councilperson Lawson. The following corrections were noted:

1.      Pg 3,  4th para add: “…regarding the ‘subdivision’ by Councilperson…”

Pg 3, 2nd para add “…seconded by Councilperson Straugh and ‘the motion to deny’ was approved.”

The question was called and Councilperson Lawson moved to approve as corrected, seconded by Councilperson Troedsson and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

                       

PETITIONS AND COMMUNICATIONS:

 

1.      Councilperson Lawson discussion on traffic sign location: Councilperson Lawson brought forth a discussion concerning placement of traffic signs for safety concerns on south Pacific Street. Chief Gutcheck stated he had spoke with J.S. Turner and was waiting for utility locates. J.S. Turner stated the locates had taken place, the signs were ready for placement as soon as the drive posts arrived (a day or two).

 

PUBLIC COMMENT ON PUBLIC MATTERS NOT ON THE AGENDA:

 

Mayor Malesich asked the citizens present if they wished to address the council. Ken Kailey asked why his email address was removed from the Council E-Mail list. Mayor Malesich stated the office had problems with emails not going out and the office staff had reinvented the Council and media E-Mail list; therefore Ken Kailey’s address was not included for future mailings as he was not recognized as a news organization.

 

 

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J.S. Turner notified the council that citizen volunteer, Frank Fowler, should be recognized for his tremendous efforts trimming the trees and beautifying Swenson Way with his recent clean-up accomplishments. The council discussed the great job, well done and asked Mayor Malesich to place Frank Fowler’s efforts on the next meeting agenda.

 

Councilperson Klakken asked Chief Gutcheck why a criminal search was done on Kenneth Kailey. Chief Gutcheck stated a criminal search on Kenneth Kailey did not take place. Chief Gutcheck was asked what took place; he stated he checked for a valid driver’s license on Kenneth Kailey and found out that Kenneth Kailey was driving in town with a suspended driver’s license. Chief Gutcheck stated the public has access to the Department of Justice’s website to check the status of the public’s driving privileges. Dan Compton stated he would like to request the decision to remove Ken Kailey’s address from the Council E-Mail list be referred to a committee. Mayor Malesich sent the issue to the Judiciary Committee.

 

ITEM MOVED OUT OF SEQUENCE IN AGENDA DUE TO TIME LIMIT.

County Representative to present 1-mile limit report – Garth Haugland, Rick Hartz and Mike McGinley: County Commissioner, Garth Haugland stated they were not certain why they were on the agenda because they did not have a report to present to the Council. Councilperson Riley, speaking as the Planning Board Chairman stated he had requested their presence at the Council meeting because they had hit a roadblock in communication regarding the one-mile limit around the City of Dillon requesting action on the part of Beaverhead County to grant jurisdiction over the one-mile area to the City of Dillon. Mr. Haugland stated Beaverhead County does not have the authority to cede to the City of Dillon; he stated the City of Dillon must address the legislature for that action.

 

Mayor Malesich recessed the meeting at 8:12 P.M. for a break.

Mayor Malesich called the meeting back to order at 8:20 P.M. 

 

MAYOR’S REPORT TO THE CITY COUNCIL:

Councilperson Straugh moved to approve the budget, seconded by Councilperson Lawson and a discussion ensued:

 

a.       Resolution No. 991-Budget

b.      Resolution No. 992-SID#33

c.       Resolution No.993-SID#34

d.      Resolution No. 994-SID#35

e.       Resolution No. 995-SID#36

f.        Resolution No. 996-Sprinkling District #1

g.       Resolution No.997-Street Maintenance District #1

h.       Resolution No. 998-Lighting District #33

 

Councilperson Klakken noted the procedure order and set-up of the resolutions was not appropriate. Councilperson Troedsson moved to modify and/or have Faye Jones remove

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reference to “Introduced by the Street & Alley Committee” 992-998, seconded by Councilperson Lawson. Councilperson Graham requested clarification that the vote was on the resolution, not the budget amounts. The question was called and a poll vote:

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

5-Yes, 3-No.

MOTION APPROVED.

 

Councilperson Klakken moved to amend the budget to move the salary increases back to last years’ budget that we moved to water & sewer budget, seconded by Councilperson Graham and a poll vote:

Troedsson: No; Riley: No; Straugh: No; Graham: Yes; McIsaac: Yes; Lawson: No; Mastandrea: Yes; Klakken: Yes. TIE VOTE: Mayor Malesich: NO

5-No, 4-Yes.

MOTION FAILED.

 

Councilperson Troedsson moved to approve the budget as amended, seconded by Councilperson Lawson and a poll vote:

Mastandrea: No; Klakken: No; McIsaac: No; Lawson: Yes; Graham: No; Straugh: Yes; Riley: Yes; Troedsson: Yes. TIE VOTE: Mayor Malesich: YES.

5-Yes, 4-No.

MOTION APPROVED.

 

BREAK/BACK TO ORDER 9:10 P.M.

 

Mayor Malesich introduced Dick Crockford, Publisher of the Dillon Tribune to the Council and the audience. Mr. Crockford stated, “What interests me the most about this session is the vitality of this session.”

 

Letter to Judge Virginia Compton: A letter to Judge Compton from J.S. Turner notifying her that the city had been informed of an issue of lack of security for the City Court’s Clerk’s work area and computer equipment. J.S. suggested moving the court clerk’s work area from the present unsecured foyer to a secured office south of the City Hall’s main desk and requested her consideration.

 

Councilperson Mastandrea stated the council had voted to prohibit groups utilizing the upstairs of City Hall until the court clerk secured the court’s computer; he asked Mayor Malesich if this directive had been followed. Mayor Malesich and J.S. Turner responded they were communicating options for a secure location with Judge Compton; they anticipated a speedy resolution to prevent canceling the youth karate and BB gun classes that have been ongoing for years in the building.

 

Councilperson Riley hoped the Council could convey to her Honor, in the best interest of everyone, to move her clerk to the secure office opposite her present work area.

 

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Annexation of the Atkinson Property: Resolution No. 990: Councilperson Troedsson moved to annex the Atkinson property, seconded by Councilperson Lawson and a discussion developed. Mr. Atkinson requested the City Council look at Montana Code before they attempt to annex his property because he believes them to be in the wrong. There was a question regarding whether the property was categorized as agriculture or not. Mr. Gilbert was requested to look into the statutes that apply. Councilperson Troedsson withdrew his original motion, followed by the withdrawal of the 2nd from Councilperson Lawson. Councilperson Troedsson moved to defer until the next regular meeting, seconded by Councilperson Lawson and a poll vote:

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

7-Yes, 1-No.

MOTION APPROVED.

 

Select Auditor for City of Dillon: Mayor Malesich and Treasurer Cobb presented three different firms they had interviewed for the position as auditor for the City of Dillon. Councilperson Klakken would like to see the auditor interviewing referred to the Finance Committee for recommendation to the Council. Councilperson McIsaac moved to send this matter to the Finance Committee, seconded by Councilperson Mastandrea and a poll vote:

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

5-Yes, 3-No.

MOTION APPROVED.

 

After further discussion, Councilperson Lawson motioned to reconsider, seconded by Councilperson Troedsson and a poll vote:

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

4-Yes, 4-No. Mayor Malesich voted the tie: Yes.

MOTION APPROVED.

 

Councilperson Klakken moved to send this matter to the Finance Committee, seconded by Councilperson Straugh and a poll vote:

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

7-Yes, 1-No.

MOTION APPROVED.

 

Receipt of HB 124 Entitlement Share Payment: A copy of the State of Montana Department of Administration Notice of Direct Deposit in the amount of $107,512.83 for the House Bill 124 Entitlement Share 1st Quarter FY 2008 Payment was presented by Mayor Malesich to the Council for their information.

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Fire Hall Report – September 2007 Expenditures: Fire Chief Scott Marsh presented the September 2007 report for review. Councilperson Riley moved to accept, seconded by Councilperson Lawson and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

Citizen’s Requests: Mayor Malesich presented the Citizen’s Request Report for the Council’s review. Questions were asked regarding Request #8819. J.S. Turner stated the owner had already had the tree fixed by the tree expert, Jim Hicks. He reiterated the Council had previously voted not to share the costs of the tree repair. He stated that if Jim Hicks had repaired the tree, the tree would not be a safety hazard to the City of Dillon. Councilperson Straugh thanked J.S. Turner for prioritizing the sidewalk repairs on Atlantic Street in front of the old Mini Mart and Rookies.

 

REPORTS OF OFFICERS AND BOARDS OF THE CITY:

 

CITY ATTORNEY – W.G. Gilbert, III

City Attorney Gilbert gave a brief review of the cases he has worked on since the last council meeting to include the Police Association and Williams Feed.

 

PLANNING BOARD – Mike Riley, Chairman

September 11, 2007 Meeting Minutes:

September 18, 2007 Meeting Minutes:

September 25, 2007 Meeting Minutes:

October 1, 2007 Meeting Minutes:

Councilperson Riley moved acceptance of the September 11, 18, 25, and October 1, 2007 Planning Board Meeting Minutes, seconded by Councilperson Straugh and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

Councilperson Riley noted the new Subdivision Regulations had been passed out to each member of the Council. The next meeting of the Planning Board will be October 23, 2007 at 7:00 P.M. with Ruby View on the agenda.

 

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

 

TREASURER – T. P. Cobb – No report.

 

POLICE CHIEF – John Gutcheck – Chief Gutcheck presented the Monthly Report for September 2007. Councilperson Straugh moved to accept, seconded by Councilperson Troedsson and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

FIRE CHIEF – Scott Marsh – Fire Chief Marsh reported that last week the Womack’s Printing Place building experienced a fire in the apartment upstairs. The fire cause was

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determined to be a faulty refrigerator. The remodeled apartment has newly installed sheetrock in the ceilings thereby it prevented the fire from dispersing throughout a common attic to the entire building.

 

DIRECTOR OF OPERATIONS – J.S. Turner

Zoning Compliance Certificates Applied for:

a. #1975 Sandy Eby – 215 E. Franklin – 14’ x 18’ garage

b. #1976 William Cottom – 519 Monroe – 34’ x 72’ single family residence

c. #1977 Gyle Nygren – 913 E. Glendale – 6’ x 14’ deck

 

Zoning Compliance Certificates Issued:

a. #1969 Monarch LTD Vine St. – 4 unit apartment

b. #1975 Sandy Eby – 215 E. Franklin – 14’ x 18’ garage

c. #1976 William Cottom – 519 Monroe – 34’ x 72’ single family residence

 

Variance Applied For:

a. #1977 Gyle Nygren – 913 E. Glendale – 6’ x 14’ deck

 

J.S. Turner updated the council on the street repairs and the paving has been completed on the street repairs made by RE Miller. The Water & Sewer Department are busy preparing the city systems for the upcoming winter months.

 

There will be a Board of Adjustments Meeting October 30, 2007 at 5:30 P.M. to discuss the approval/denial of a requested variance at 913 E. Glendale.

 

LIBRARY BOARD – Marie Habener – No report.

 

STANDING COMMITTEES:

 

JUDICIARY – Mike Riley, Chair – The next committee meeting is scheduled for October 25, 2007 at 5:30 P.M.

 

FINANCE – Mike Klakken, Chair – No report.

 

CITY HALL – Al Lawson, Chair – No report.

 

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.

 

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

           

WATER AND SEWER – Mike Klakken, Chair – The September 2007 Water & Sewer Department Financial Reports were presented for approval. Councilperson McIsaac moved to approve, seconded by Councilperson Mastandrea and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

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

MOTION UNANIMOUSLY APPROVED.

 

The meeting adjourned at 10:01 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.

 

                                                                        Approved by:

 

 

                                                            _____________________________

                                                            Faye E. Jones, City Clerk

ATTEST:

 

 

________________________

Martin R. Malesich, Mayor

                                                                        Submitted by:

 

 

                                                                        _____________________________

                                                            Amber K Herzog, Deputy City Clerk