City Council Minutes
September 20, 2023
Town of CircleSpecial Council Meeting August 22, 2023
TOWN OF CIRCLE TOWN HALL - 105 MAIN STREET - CIRCLE, MT
SPECIAL COUNCIL MEETING
CALL TO ORDER
The meeting was called to order by Mayor Garry Johnson at 6:00 PM.
Garry Johnson-Mayor Diane Black-Council Michael Hale-Council
Jaymes Breitbach-Council Kelly Doan-Clerk/Treasurer Marista Heide-Deputy Clerk
Rich Batterman-Town Attorney by Go to Meeting
Cody Marxer, Planner with Great West Engineering, by Go to Meeting
Absent: Clint Haynie-Council ChairmanPublic Present: Owen Childers; Ned Sikveland; Ruth Clarin; Kacie Sikveland; Virgina Richardson
The Pledge of Allegiance was said.
UNSCHEDULED PUBLIC COMMENT: None
1) Resolution 07-12-23-03, Resolution to Set the Fees and Charges Listed in the Ordinances as Being Set by Resolution for the Town of Circle for Fiscal Year 2023-2024 – Motion by Diane Black to accept Resolution 07-12-23-03. Jaymes Breitbach seconded. No further discussion. Diane Black, Jaymes Breitbach and Michael Hale voted in favor. Clint Haynie absent. Motion carried.
2) Kacie Sikveland – Planning for Land Use – Ms. Sikveland stated she is recording the meeting. Cody Marxer works with the Town's contracted planner and is attending the meeting to help answer questions on land use and the conditional use process. Ms. Sikveland presented questions and comments: Where are conditional use permits contained in the ordinances? Our ordinance does not refer to a conditional use permit; asked how many other conditional use permits have been issued by the town; what is the protocol. Mr. Batterman referred to Ordinance §155.28 (A) (4). not be detrimental to the district. State law allows the town council to grant conditional use. The conditional use process was started by another property owner, but they chose not to proceed. The ordinances will be updated to better reflect the current standards. Further questions and comments from Ms. Sikveland: where is the ruling that she must use a conditional use form; where the legal standing for the conditional use requirement is; she was previously asked to apply for a variance. Mr. Batterman replied that this is the process the town council has asked her to follow; by reference the town council has allowed her to apply under a similarity allowance; this process is addressed in various court cases. Ms. Sikveland commented that legal references should be backed up. She commented on Mr. Batterman's qualifications. Mr. Batterman asked that Ms. Sikveland stop verbally attacking him. She has been given the conditional use permit application and has been asked to complete the application to continue the process. Ms. Sikveland disagrees with the definition of conditional use. Cody Marxer commented that a conditional use is a standard process in a community that has ordinances in place; it is for a condition that has not been considered in the ordinances; it is granted to the petitioner until the property is sold or the business has stopped. Ms. Sikveland asked why she should do that to affect her property value upon sale. Ms. Marxer commented that it is a gamble on use permitted or not permitted in the ordinances. Ms. Sikveland referred to the MCA definition of use for retail sale. She said feels she falls under a retail food establishment; the conditional use application is extensive; she has already presented this information to the council and doesn't feel the council can legally show where her use is in violation of the ordinances.
Ned Sikveland commented that he doesn't understand why the town council is not acting on this without the attorney's advice.
Council member Black commented that the attorney has provided advice to help the council make their decision.
Virginia Richardson said the council's decision on the permit was not in the June minutes. Ms. Sikveland commented the copy of the minutes she received did not contain the council's decision.
Council member Breitbach commented that a decision was not made to approve or disapprove the permit. The permit application for lack of motion.
The mayor reviewed the official minute book. Mayor Johnson read from the June 12, 2023 minutes: “UNFINISHED BUSINESS Zoning Permit, 3) 301 Main Street – 3 grain storage bins – The property owner emailed a picture of the proposed grain bins. The Zoning Permit Application was reviewed and discussed. Mayor Johnson asked 3 times for a motion to approve the permit application. No motion was offered. The permit application is denied due to lack of motion.”
A page is missing in the copy Ms. Sikveland received. A complete copy will be provided.
Council member Hale asked if the fire marshal has looked at the property. She said the health inspector has looked at everything. She assumes the fire marshal would have to check when the building permit is applied for. Council member Hale asked about dust control. Ms. Sikveland dust control is part of the ventilation system. Council member commented that there are residences and other buildings in the vicinity; asked what has to be done to have a mill; asked if these bins are most cost effective; is this why they were chosen. Ms. Sikveland replied that the room has been fireproofed; this type of bin is cost effective; she talked to breweries to see how they are used; she wants her business to be agriculturally based.
Cody Marxer suggested that Ms. Sikveland resubmit her building/zoning permit application with the additional information she has provided tonight. The public process needs to be clear about what is happening. Ms. Sikveland commented that she feels most of these discussions have already taken place. Ms. Marxer asked what Ms. Sikveland wants to see happen. Ms. Sikveland said she wants better clarification on the ordinances. She referred to another business that had their permit for bins approved. She doesn't understand why she is being asked to go through hoops to do the same thing. Ms. Marxer commented that she doesn't believe it was a personal decision against her. This is a standard procedure; the town council is getting ready to update the ordinances; there must be a resolution to some degree. Ms. Marxer again recommended that Ms. Sikveland resubmit her building/zoning permit application or submit a conditional use permit application.
Ms. Sikveland commented that the mobile home court is a different situation than hers; she feels that bins are listed under accessory structures in the ordinances.
Ms. Marxer replied that she should make her case at the building permit level if that is the way she feels.
Ned Sikveland asked if the council would act yea or nay without the attorney if the permit was resubmitted. Council member Breitbach stated that cannot be answered at this time.
Mayor Johnson recommended she resubmit her building/zoning permit application. Council member Hale commented on safety with combustible dust and that the additional information provided tonight is helpful. Mayor Johnson said an additional filing fee would not be required if she resubmits her permit application. Resubmitting her application does not guarantee a yes vote. If the resubmitted application is not approved, the next step would be a conditional use application.
Council member Black asked if milling is permitted in the ordinances. Mr. Batterman replied that if she can demonstrate that she is in compliance with the ordinances and the council is convinced, she would not have to proceed with a conditional use. The building permit could be granted.
Mayor Johnson asked Ms. Sikveland if she would resubmit the permit application. Ms. Sikveland said she would. Mayor Johnson will schedule a special meeting as soon as the application is received. Ms. Sikveland will provide information to be added to the original application.
1) Resolution 08-22-23-01, Resolution Approving a Permissive Medical Levy for Group Benefits – Motion by Jaymes Breitbach to approve Resolution 08-22-23-01. Diane Black seconded. No further discussion. Roll Call Vote: Diane Black – aye; Jaymes Breitbach – aye; Michael Hale – aye; Clint Haynie – absent. Motion carried.
2) Resolution 08-22-23-02, Resolution Adopting Budget for Fiscal Year July 1, 2023 to June 30, 2024 – Motion by Diane Black to accept Resolution 08-22-23-02. Michael Hale seconded. No further discussion. Roll Call Vote: Diane Black – aye; Jaymes Breitbach – aye; Michael Hale – aye; Clint Haynie – absent. Motion carried.
3) Resolution 08-22-23-03, Resolution Adopting 2023-2024 Wage Schedule – Motion to accept Resolution 08-22-23-03 by Diane Black. Jaymes Breitbach seconded. No further discussion. Roll Call Vote: Diane Black – aye; Jaymes Breitbach – aye; Michael Hale – aye; Clint Haynie – absent. Motion carried.
4) Resolution 08-22-23-04, Resolution to Lease, with Option to Purchase a 2023 John Deere 444P Loader & 2023 Marv Haugen Enterprises Snow Pusher – Motion by Michael Hale to approve Resolution 08-22-23-04. Jaymes Breitbach seconded. No further discussion. Roll Call Vote: Diane Black – aye; Jaymes Breitbach – aye; Michael Hale – aye; Clint Haynie – absent. Motion carried.
5) Resolution 08-22-23-05, Approving Award of Contract to Century Construction Companies, Inc. for a Curb and Gutter Project – There is money in the BarSAA Fund to cover the cost of the project. Motion to approve Resolution 08-22-23-05 and award the bid to Century Construction Companies by Jaymes Breitbach. Diane Black seconded. No further discussion. Roll Call Vote: Diane Black – aye; Jaymes Breitbach – aye; Michael Hale – aye; Clint Haynie – absent. Motion carried.
6) Approval of First Call Solution Invoice 90020-DR for Server Migration – Motion by Jaymes Breitbach to approve the claim. Michael seconded. No further discussion. Jaymes Breitbach, Diane Black and Michael voted in favor. Clint Haynie absent. Motion carried.
There being no further business before the council, Mayor Johnson adjourned the meeting at 6:57 pm.
Minutes approved 09/11/23 Garry Johnson, Mayor