Mayor Emmet D. Embody called the meeting of the Cut Bank City Council to order at 6:30 PM, Tuesday, February 16, 2010. The following council members answered roll call: Tim Curtiss, Tom Shock. Kelly Solberg and William McCauley. City Superintendent Jim Suta, City Clerk-Treasurer Diana Filban, City Attorney Robert Smith and Police Chief Jeff Kraft were also present. All present recited the Pledge of Allegiance.

Councilperson Solberg made a motion to approve the Consent Agenda consisting of the February 1, 2010 City Council Minutes and the February 4, 2010 Payroll in the amount of $54,047.68. The second motion was made by Councilperson Shock. The motion passed 4-0.

Police Chief Kraft explained the court house is doing an update on their phone system which will include a rollover number for our number which rings into the Dispatch Services. This will add a small amount to the police budget. Police Chief Kraft reviewed the changes which will be coming for the radio systems in law enforcement. Police Chief Kraft explained he is trying to gather any grants he can to help with the financial end of the change. Councilperson McCauley made the motion to approve the Police Chief’s report. Councilperson Shock made the second motion. The motion carried 4-0.

Superintendent Suta said he has been working on how to proceed with acquiring a new tandem truck for the City. It appears there are a few used trucks around, but they are in different states which presents obvious problems in looking at the vehicle. Superintendent Suta said there was a sewer leak between Central Avenue and First Street SW which was repaired. Superintendent Suta said he will be putting up for sale the items which came out of the Civic Center when new equipment was bought. It was decided there would be a minimum bid put on the items with assistance from Recreation Director Biegler. Councilperson Shock made a motion to approve the Superintendent’s Report. Councilperson Curtiss made the second motion. The motion passed 4-0.

At this point, Councilperson Shock asked if Mrs. Wolk and/or Mrs. Dobson who had entered the meeting could speak to the Council even though the public comment portion of the meeting was over. Councilperson Shock apologized to Mayor Embody and said Mrs. Wolk had contacted him about speaking this evening, and he had forgotten to mention it earlier in the meeting. Mayor Embody invited Mrs. Wolk to speak. Mrs. Wolk handed out copies of a list of volunteer organizations which exist in the City of Cut Bank along with names of area political figures and the bus schedule for the Northern Transit Interlocal. Mrs. Wolk expressed concern about the condition of Central Park and whether there would be money to improve the area. Mayor Embody explained the City would be asking the County for some CTEP money to help improve Central Park. In addition, Mayor Embody shared with Mrs. Wolk that the City now has a Beautification Committee and an Urban Forestry Board to help assist with such projects.

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Mayor Embody introduced Item A. Action for the City Attorney’s office to initiate legal action regarding the Country Club Addition and said Councilperson Shock had asked to speak to this item. Councilperson Shock said he had researched the property in question. The property is currently owed by Jonathan Shew, and the property was never plotted. Councilperson Shock said it was never shown where the property was allowed into the City limits or annexed. Councilperson Shock said the County Commissioners under MCA 7.5.225 1947 act was allowed to take this property out of its designation. Councilperson Shock said there was no public proof that the City ever annexed the property into the city limits. Councilperson Shock said we do not need to act on the item as it is a non-event. Mayor Embody said he would like City Attorney Smith to review all of this information. Councilperson Shock made a motion to table this item until the next meeting. Councilperson Curtiss made the second motion. Councilperson McCauley said he felt there was a plat at some time, and it needs to be investigated further. City Attorney Smith said he is under the impression the property was annexed in and has been shown as being in the city limits for years. He said he will do additional research into the matter. The motion passed 4-0.

Sonja Ray stated she was at the meeting as a member of the Park Board and the Wishing Well Committee. Mrs. Ray said the Park Board is interested in putting an ionized water system into the Civic Center. Mrs. Ray said Rod Cline had approached her to see if the Racquetball Association could go together with the Wishing Well Foundation and possibly purchase this water ionizer. Mrs. Ray gave personal testimony on the health benefits of ionized water. Mrs. Ray said if the unit could go into the Civic Center it would be available for the community to access this water with a yearly pass and donations. The water would be given out in refillable gallon containers and has an active life of 48 hours. Samples of the water were passed out to those present. Mrs. Ray said she felt the Wishing Well Foundation would be able to get a grant that could help pay for wages for someone to man the ionizer station in the Civic Center kitchen. Mrs. Ray said the Civic Center would not be responsible for the unit. Rod Cline explained more about the settings that are available to help with disinfecting, face toners, drinking water, etc. Mr. Cline also shared personal health benefits he has had since he started drinking the water. Councilperson McCauley moved that the City would enter into a contract with the Park Board, the Racquetball Association, the Wishing Well Foundation and have those drafted so the Council can approve them at the next meeting. Councilperson Shock made the second motion. The motion passed 4-0.

After some discussion, it was decided to move the March 1, 2010 City Council meeting from 6:30 PM to Noon in order to allow Council members to attend the Soil Conservation District Dinner on Monday evening. Councilperson McCauley made the motion to move the March 1, 2010 meeting to Noon. Councilperson Solberg made the second motion. The motion carried 4-0.

Councilperson McCauley moved to approve the travel request for Mayor Embody to attend the Mayor’s Academy in Bozeman from March 3-5, 2010 at the cost of $179.00. Councilperson Shock made the second motion. The motion carried 4-0.

Councilperson McCauley moved to approve Superintendent Suta to go to bid and advertisement for a new tandem dump truck. Councilperson Curtiss made the second motion. The motion passed 4-0.

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Superintendent Suta was seeking input from the Council members in regard to Town Pump coming forward in the near future seeking a variance for the signs on their new facility due to the size of their signs. Superintendent Suta’s concern was the City had just passed a Sign Ordinance, and there would already be a variance. Discussion continued on this subject for some time. Superintendent Suta was asked to bring further information on the location of the signs back before the Council.

Councilperson Shock expressed concern about the non-enforcement of ordinances. Councilperson Shock said it is the responsibility of the whole City watch for problem areas and report them. Mayor Embody asked Councilperson Shock to go through the ordinances and find the ones that are of concern to him. Mayor Embody asked Chief Kraft if he has gone over the City ordinances with his officers. Police Chief Kraft said no, but he will be doing so in the future. Currently, Police Chief Kraft noted he has had conversations with Code Enforcement Officer Gauthier regarding city ordinances. Councilperson McCauley suggested the Council go through the city ordinances one by one. There was continued discussion on what the intent of going through the ordinances would be and to what degree is the letter of the law enforced. Mayor Embody asked for the review of ordinances to begin at a future meeting.

Mayor Embody asked the Council for comments on Litter Ordinance 2010-10. Councilperson McCauley asked for the wording on Section III. (a) to be revised regarding the sweeping of debris into gutters. (He sweeps litter into gutters and then gathers them for collection at the end.) Mayor Embody noted it is his intent to have signs prepared upon entering the city limits that this is a litter-free city and fines will be enforced. Councilperson McCauley asked if a citizen can report a litter ordinance. City Attorney Smith said yes, they can it is called a citizen’s complaint. Superintendent Suta said he has a problem with Section IV prohibiting the accumulation of uncontaninerized litter. He felt if that passage is enforced to the letter of the law it will cause problems and hard feelings. Mayor Embody said he thought such a passage would have to include common sense.

The subject of a potential medical marijuana busiiness was put in the work session by Councilperson McCauley. Councilperson McCauley said he would like to see a moratorium set up and have time to handle a business, such as, this if they came to Cut Bank. City Attorney Smith reminded the Council every business has to be treated the same unless there happen to be zoning problems.

There being no further business to come before the council, Councilperson Solberg moved to adjourn the meeting at 8:37 PM. Councilperson Curtiss made the second motion. The motion carried 4-0.