MINUTES OF THE REGULAR MEETING

DILLON CITY COUNCIL

March 19, 2008

COUNCIL

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

COUNCIL

EXCUSED:    Mike Riley.                  

STAFF

PRESENT:     W.G. Gilbert, City Attorney; John Gutcheck, Chief of Police; and Amber K. Herzog, Deputy City Clerk.

STAFF

EXCUSED:    Marie Habener, Library Director; Scott Marsh, Fire Chief; J.S. Turner, Director of Operations; Ty Cobb, City Treasurer; Faye E. Jones, City Clerk.

 

ABSENT:       Virginia Compton, City Judge.

 

Mayor Martin Malesich called the meeting to order at 7:00 PM. Mayor Malesich asked Councilperson McIsaac to lead the pledge of allegiance.

           

1.      The first order of business was the approval of the March 5, 2008 Regular Council Meeting Minutes. The following corrections were noted:

a.       Pg6 5th Para. Remove thawing device from motion.

Councilperson McIsaac moved to approve as corrected, seconded by Councilperson Straugh and unanimously approved.

MOTION  UNANIMOUSLY APPROVED.

 

2.      The second order of business was the approval of the March 5, 2008 Public

      Hearing Minutes.

Councilperson Straugh moved to approve, seconded by Councilperson Kailey and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

PETITIONS AND COMMUNICATIONS:

 

1.      E-mail from Tom Straugh regarding Montana Main Street Application Cycle Adjustment. After a Council discussion this was referred to the Street & Alley Committee.

2.      E-mail from Timothy Ravndal regarding the Beaverhead-Deerhead Forest Planning. Mayor Malesich presented the email for review of the Council.

3.      Letter from Children’s Oncology Camp Foundation – request for temporary street closure. The Ride Around the Pioneers in one day pre-ride registration and pasta dinner at the Elks Lodge on Friday, June 27, 2008 requested closure of Center Street from 7:00-9:00 P.M. and a live band. Councilperson Spehar moved to close the street, seconded by Councilperson Straugh and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

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March 19, 2008

Page 2

                  Councilperson Straugh moved to allow a live band from 7:00-9:00 P.M.,

                  seconded by Councilperson Spehar and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

4.      Letter from Robin Boyd pertaining to City Hall use. The Dillon Karate Club thanked the City of Dillon for the use of the upstairs hall, once again.

5.      Letter from Empire Office verifying the City Judge’s clerk’s $6,000.00 desk has been ordered as authorized by the City Council.

 

PUBLIC COMMENT ON PUBLIC MATTERS NOT ON THE AGENDA:

 

Mayor Malesich asked citizens present if there were any public comments for public matters not on the agenda. Councilperson Straugh discussed they had received an actuary report for the Police Retirement Fund issue and requested an Ad Hoc Meeting to be scheduled March 26, 2008 at 4:00 P.M.

 

Councilperson Straugh discussed the Rattlesnake Creek water issue and would like the thawing machine purchase issue referred to committee to discuss returning the piece of equipment. This matter was referred to the Water & Sewer Committee.

 

John Childs representing Bolero Resources Corp requested a letter of support from the City Council regarding Bolero’s exploration for molybdenum at the Cannivan Gulch Project (Torrey Mountain in the Pioneer Mountain). Councilperson McIsaac moved to convey support to allow for exploration, seconded by Councilperson Achter and a unanimous denial.

MOTION FAILED.

 

John Childs continued the presentation and requested a letter of support from the City Council opening up the road less area in the vicinity of their proposed mining site which has been designated road less by the proposed Beaverhead-Deerlodge Forest Management Plan. The Council discussed several issues regarding not having enough time and information on this issue to vote. There was no action regarding this issue.

 

MAYOR’S REPORT TO THE CITY COUNCIL:

 

1.      Contract between City of Dillon and Headwaters RC&D – Housing Study. Discuss City Hall security issue procedure: Councilperson McIsaac moved to approve the contract, with the individual handling the contract clarified, seconded by Councilperson Straugh and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

.

2.      Resolution – Forest Plan comment period. Councilperson Straugh moved to approve Resolution #1003, seconded by Councilperson McIsaac and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

 

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3.      Resolution #1004 – Annexing properties owned by the State of Montana and adjacent to the City of Dillon: Councilperson McIsaac moved to approve, seconded by Councilperson Spehar and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

4.      Draft Ordinance amending the Dillon Municipal Code Title 17, Board of Adjustment: Councilperson Straugh suggested the Ordinance includes verbiage stating the timeline begins. This item was referred to the Judiciary Committee.

5.      Fire Hall Report: Councilperson McIsaac moved acceptance, seconded by Councilperson Straugh and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

6.      Citizen’s Requests’ Report was presented by Mayor Malesich for Council    

       review.  

           

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 stated Defense attorneys had continued three criminal trials in the past ten days. He received a letter informing him the James & Betty Stuart v. City of Dillon, et al., case has been moved to Federal Court. He notified the Council he received the report from the Actuary in regard to the Police Retirement issue.

 

PLANNING BOARD – Mike Riley, Chairman – No report

            1.    Zoning Commission – Marie Giere – information regarding the status of matters before the Zoning Commission: The minutes of the 3/5/08 Public Hearing are pending. Matters related to the 2/19/08 Public Hearing are pending. Zoning Commission By-Laws have been drafted and are before the Commission for review and approval. In the minutes of the 01/22/08 Zoning Commission Meeting a unanimous motion to approve the application for consideration for rezoning requested change from C zone to A residential submitted by Sandra Berry. The Public Hearing for the Zoning Commission 02/01/08 Kelly Rowe Zoning Change transcript was submitted.

           

DIRECTOR OF OPERATIONS – J.S. Turner

Zoning Compliance Certificates Applied for: 

1.        #1989-Zone C- Performance Truck & Auto, John Paddock – 200 S. Montana – 2 signs – 3’x20’                 

Zoning Compliance Certificates Issued: 

2.             1.    #1989-Zone C- Performance Truck & Auto, John Paddock – 200 S. Montana – 2 signs – 3’x20’                 

Variance Applied For: none

 

 

 

 

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POLICE CHIEF – John Gutcheck

The Officer Activity Report for February 2008 was presented. Councilperson McIsaac moved to approve, seconded by Councilperson Straugh and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

Recommendation: Reeder/Idaho Intersection: Chief Gutcheck addressed the Council with his recommendations based on the letter received from Mr. Giere. He stated the stop signs should be left where they are on the east and west sides of east Reeder Street. A stop ahead sign could be placed on the west side of Reeder Street to notify drivers. The sight obstructions be removed (a bush and a tree that sit right on the corner). Other option: Increased stop sign diameter and put it ahead to the west of the intersection and perhaps include a stop line at that location. Paint the curbs back further so there is no parking within the sight visibility triangle. He does not recommend a four-way stop be placed at Idaho and Reeder as the location does not meet the warrants required by the Manual for Uniform Traffic Control Devices the State has adopted for their traffic control. He does not recommend that a three-way stop be placed at the intersection of Montana Street and Reeder Street as it does not meet the warrants required.  The recommendation was based on accident history at that intersection. There was one accident February 24, 2008; there was one accident November 19, 2007; there were no accidents between 2007 and 2004. At the end of 2004, the yield signs that were placed at that location were replaced with stop signs. This matter was discussed between the Council and Chief Gutcheck and after further discussion the matter was referred to the Street & Alley Committee.

 

FIRE CHIEF – Scott Marsh  – No report

           

CITY COURT - Judge Virginia A. Compton – The Judges Report for February 2008 was presented and moved approval by Councilperson McIsaac, seconded by Councilperson Mastandrea and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

TREASURER – T. P. Cobb – No report.

 

LIBRARY BOARD – Marie Habener – No report.

 

STANDING COMMITTEES:

 

JUDICIARY – Chairman Mike Riley – No report.  Next meeting scheduled for March 27, 2008.

FINANCE – Chairman Jim McIsaac – Councilperson Straugh moved to accept the Minutes for the March 4, 2008 Committee Meeting, seconded by Councilperson Mastandrea and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

At the Finance Committee Meeting the monthly claims for February were reviewed. No other action items transpired.

 

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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 – The Committee Minutes for the meeting of March 4, 2008 were submitted. Councilperson Spehar moved to accept, seconded by Councilperson Lawson and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

At the Health & Welfare Committee Meeting a motion that Mr. Turner contacts Jennifer Johnson from the Dept. of Labor & Industries and a local inspector from Prairie Home Inspections to give a presentation on Building Codes was passed unanimously.

 

STREETS AND ALLEYS – Chairman David Spehar – No report.

           

WATER AND SEWER – Chairman Tom Straugh – The Water & Sewer Department A/R Reports for the month of February 2008 and the minutes of the March 10, 2008 Water & Sewer Committee meeting were presented. Councilperson Straugh moved to approve, seconded by Councilperson McIsaac and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

At the Water & Sewer Committee meeting a motion to place the issue of rates back on the table until the grand average is available was unanimously approved.  

 

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

MOTION UNANIMOUSLY APPROVED.

 

The meeting adjourned at 8:34 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