MINUTES OF THE REGULAR MEETING

DILLON CITY COUNCIL

January 16, 2008

COUNCIL

PRESENT:     Mike Riley, Frank Mastandrea, Jim McIsaac, Richard Achter, David Spehar, Al Lawson, Brittany Kailey, Tom Straugh, and Mayor Martin Malesich.      

 

STAFF

PRESENT:     W.G. Gilbert, City Attorney; John Gutcheck, Chief of Police; J.S. Turner, Director of Operations; Scott Marsh, Fire Chief; 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 7:12 PM. Mayor Malesich asked Councilperson Kailey to lead the pledge of allegiance.

           

            The first order of business was the approval of the January 2, 2008 Regular Council Meeting Minutes. Councilperson Straugh moved to approve, seconded by Councilperson Lawson. The following corrections were noted:

1.      Pg 3, Add to the Kentucky/Vine paragraph: Councilperson Riley asked the City Attorney for his opinion regarding this project.

2.      Pg 1, Remove Scott Marsh from staff excused.

3.      Pg 1, Change 3rd paragraph Councilperson Mastandrea to Councilperson McIsaac.

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

MOTION UNANIMOUSLY APPROVED.

 

            The second order of business was the approval of the January 8, 2008 Special Team Building Council Meeting. Councilperson McIsaac moved to approve, seconded by Councilperson Spehar and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

PETITIONS AND COMMUNICATIONS:

 

1.      Memo to Council Members from City Clerk: Faye Jones sent a memo to the council members informing them she had followed directives to determine a fund which to borrow funds to supplement the General Fund when a negative balance occurred and repay the interest to that fund. She chose the Water R & D Fund from which to borrow the funds.

2.      Results of Team Building Meeting: Councilperson Straugh briefed the council on the results of the team building meeting. A handout was presented. Overall, the council consensus was positive regarding the meeting.

 

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City of Dillon

Regular Council Meeting

January 16, 2008

3.      Council and Committee action plan for January 2008 to June 2008: The Council and Committee Action Plan for January 2008 to July 2008 was submitted for approval by Councilperson McIsaac and seconded by Councilperson Straugh 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.

 

Mr. Gilbert informed the Council that the Dillon Police Officers’ Association (Plaintiffs’) vs. City of Dillon (Defendants), Montana lawsuit decision from United States District Court, Division of Montana, Butte Division was ordered: 1. Plaintiffs’ complaint is dismissed. 2. The clerk is directed to enter judgment accordingly. Mr. Gilbert stated the dismissal was based on lack of standing.

 

Citizen Patricia Kehrer, 44 E. Orr, read the council a prepared letter regarding the death of her cat. She requested the 3-day Ordinance be upheld in the future.

 

 

MAYOR’S REPORT TO THE CITY COUNCIL:

 

1.         Council Committee assignments (Council President): Council President Tom Straugh handed out committee assignments for Council members. Councilperson Lawson moved to approve, seconded by Councilperson McIsaac and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

2.         State of Montana – HB 124 Payment, 2nd quarter: Notice of direct deposit to the City of Dillon from the Department of Revenue House Bill 124 Entitlement Share 2nd quarter FY 2008 payment $107,512.83. Councilperson McIsaac moved acceptance, seconded by Councilperson Lawson and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

3.         Ruby View Major Subdivision Preliminary Plat Approval: Councilperson Lawson moved to approve, seconded by Councilperson Straugh and a discussion ensued.

 

Councilperson Riley moved to amend the motion to approve conditions 1-12 and 14, and consider conditions 13 and 15 separately, seconded by Councilperson Kailey and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

The question was called to approve conditions 1-12, 14 and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

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City of Dillon

Regular Council Meeting

January 16, 2008

                    The Council began a discussion regarding Condition 13: That residential zoning should be imposed as a condition of annexation and subdivision, and that no commercial zoning be allowed. A portion of the members believed B zone was incompatible with the neighborhood and a portion of the members believed B zone was appropriate for the neighborhood. Attorney Bob Jovick, representing Dillon Investments, stated the Planning Board had previously recommended the zoning and it was acknowledged as a recommendation. He stated the City of Dillon was rewriting the rules in the middle of the process and the developer did not believe this was a fair process; he continued with presenting the Council with Resolution #981, previously passed, and stated the City of Dillon had held a Public Hearing on this matter. He reiterated the City of Dillon passed a Resolution to Annex that listed A, B, and H zones that were hereby granted and the zoning imposed. He declared the City of Dillon was bound by those actions.

 

                   The question was called for Condition 13 to remain and a poll vote:

Riley: Yes; Straugh: Yes; Lawson: No; Achter: Yes; Mastandrea: Yes; McIsaac: Yes; Spehar: No; Kailey: Yes.

6 – YES, 2 – No.

MOTION APPROVED.

 

                   Councilperson McIsaac moved to approve Condition 15, seconded by Councilperson Mastandrea and unanimously failed.

MOTION UANIMOUSLY FAILED.

 

Mayor Malesich called for a five minute recess.

Back to order at 9:19 P.M.

 

4.         Resolution annexing properties owned by the State of Montana – Highway 41: After a brief discussion, Councilperson Straugh moved to approve, seconded by Councilperson Spehar and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

5.         Selection of City of Dillon Housing Study 2007-2008 contractor:

a.       Recommendation from Housing Study Committee: Kirk Engineering & Natural Resources. Councilperson Spehar moved to accept, seconded by Councilperson Lawson and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

6.         Water/Sewer fees/rate adjustments: Mayor Malesich referred this matter to the Water and Sewer Committee. 

 

7.         Engineer’s proposal for sewer mains: Mayor Malesich referred this matter to the Water and Sewer Committee. 

 

 

 

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City of Dillon

Regular Council Meeting

January 16, 2008

8.         Ordinance for school zone speed limit:  Mayor Malesich referred this matter to the Street and Alley Committee. 

 

9.         Ordinance for school alley speed limit:  Mayor Malesich referred this matter to the Street and Alley Committee. 

 

10.     Council member appointment to E-911 Committee: Councilperson Straugh moved to appoint Councilperson Kailey, seconded by Councilperson Riley and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

11.     Monthly Revenue Report for the month of December 2007: Councilperson McIsaac moved to approve, seconded by Councilperson Achter and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

12.     Citizen’s Requests: Mayor Malesich presented the requests for the month of December to the Council.

           

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. He also stated the Montana National Guard had requested the City of Dillon to annex their facility.

 

PLANNING BOARD – Mike Riley, Chairman

Councilperson Riley updated the Council over the progress the city planning board has made with their working relationship with the county planning board. The Sonoran Institute was contacted by the County and was interested in doing the data collection for the one-mile zoning radius project waiving $20,000.00 of their $25,000.00 fee.

 

ZONING COMMISSION – Marie Giere, Chairman

The minutes from the January 9, 2008 meeting were submitted. Councilperson Riley moved to accept, seconded by Councilperson Straugh and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

The Public Hearing in the matter of Re-Zoning lots 11-16 is scheduled for 6:00 P.M., February 1, 2008 in the City Hall chambers. A Special meeting is scheduled February 12, 2008 to review input derived from Public Hearing and make recommendations to City Council.

 

 

 

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City of Dillon

Regular Council Meeting

January 16, 2008

DIRECTOR OF OPERATIONS – J.S. Turner

Zoning Compliance Certificates Applied for:

  1. #1984 Prosigns – Safeway – 570 N. Montana St.- 10 signs

 

Zoning Compliance Certificates Issued:

      A.  #1984 Prosigns – Safeway – 570 N. Montana St.- 10 signs

 

Variance Applied For: None

 

J.S. Turner reported he was working with the Safeway engineers to finalize the remodel plans for their facility.   Councilperson Riley asked if the remodel included a redesign of their parking lot to control traffic onto Vine Street, he considered it a breech of their agreement if it did not. J.S. Turner stated the remodel plans did not include a traffic flow redesign.

 

POLICE CHIEF – John Gutcheck – No report

 

FIRE CHIEF – Scott Marsh  – No report

           

CITY COURT - Judge Virginia A. Compton – absent – The Monthly Financial Report for December 2007 was presented. Councilperson McIsaac moved to accept, seconded by Councilperson Kailey and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

TREASURER – T. P. Cobb – No report

 

LIBRARY BOARD – Marie Habener – The presented minutes will be amended and brought back for acceptance at a later date.

The next meeting is scheduled January 22, 2008 at 7:00 P.M.

 

STANDING COMMITTEES:

 

JUDICIARY – Chairman Mike Riley – No report.

 

FINANCE – Chairman Jim McIsaac - No report. Meeting 02/05/08 at 7:00 P.M.

 

CITY HALL – Chairman Dick Achter – No report.

 

FIRE AND ORDER – Chairman Frank Mastandrea – No report.

 

PARKS AND PLAYGROUNDS – Chairman Al Lawson – No report.

 

CEMETERY – Chairman David Spehar – No report.

           

HEALTH AND WELFARE – Chairman Brittany Kailey – No report.

 

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City of Dillon

Regular Council Meeting

January 16, 2008

STREETS AND ALLEYS – Chairman David Spehar – No report.

           

WATER AND SEWER – Chairman Tom Straugh – The Water & Sewer Account Receivable Reports for the month of December 2007 were presented. Councilperson McIsaac moved to accept, seconded by Councilperson Riley and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

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

MOTION UNANIMOUSLY APPROVED.

 

The meeting adjourned at 9:54 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