Mayor Emmet D. Embody called the meeting of the Cut Bank City Council to order at 6:30 PM, Monday April 19, 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 McCauley made a motion to approve the claims in the amount of $37,159.04. Councilperson Solberg made the second motion. The motion was approved 4-0.

Councilperson Curtiss mentioned he would like to discuss doing more advertising for the rules on zoning permits.

Superintendent Suta reviewed his report after which Councilperson Shock made a motion to accept the report. Councilperson Curtiss made the second motion. The motion passed 4-0.

Police Chief Kraft reviewed his report and the Councilperson Solberg made a motion to approve his report. Councilperson Shock made the second motion. The motion carried 4-0.

None

Superintendent Suta explained the County Commissioners would like to tear down the existing storage shed in the parking lot at the County Courthouse and rebuild it using the existing retaining wall. The shed and offices would be right on the alley right of way. Superintendent Suta said he would not have a problem with the County building the shed as such as long as there were no doors going out into the alley. Councilperson McCauley made a motion to allow the County to proceed to the City-County Planning Board on this request for a variance. Councilperson Curtiss made the second motion. The motion passed 4-0.

City Attorney Smith referred to Ordinance 2010-01 as the second reading for this ordinance. J. W. Eaton stated he felt that the items addressed in the litter ordinance were already taken care of in other city ordinances. City Attorney Smith explained the City does not have a litter ordinance although they have a nuisance ordinance. This litter ordinance was put together for those types of occurrences that do not fall into the nuisance ordinance. Mr. Eaton expressed concern about the definitions of litter in one place and then the exception of how items could be allowable in another section. Mayor Embody said he is counting on the use of common sense for our officers in enforcing this ordinance. Mr. Eaton also expressed concern about picking on particular areas of the city or persons. In addition, Mr. Eaton wondered why the ordinances that are currently out there are not being enforced and questioned passing another one that may not be enforced. Councilperson Curtiss made the statement he hopes the Council and Mayor in fifty years will still be interpreting this ordinance the same way as we are right now. Councilperson McCauley moved to approve Ordinance 2010-01 (AN ORDINANCE TO ESTABLISH REQUIREMENTS TO CONTROL LITTERING IN THE CITY OF CUT BANK, MONTANA, SO AS TO PROTECT PUBLIC HEALTH, SAFETY AND WELFARE, AND TO PRESCRIBE PENALTIES FOR THE FAILURE TO COMPLY). Councilperson Shock made the second motion. The vote on the motion was 3 in favor and 1 negative vote which belonged to Councilperson Curtiss.

City Attorney Smith stated this is the time and place for the second reading of Ordinance 2009-03 Amended (Amending the previous Sign Ordinance 2009-03 regarding sign size and location). City Attorney Smith asked if there was any public comment on the Sign Ordinance of which there was none. This completed the second reading of the Amended Sign Ordinance. Councilperson McCauley moved to approve Ordinance 2009-03 (Amended). Councilperson Curtiss made the second motion. Councilperson Solberg asked if Sterling Codifiers charges again when we send them an amended ordinance. Clerk-Treasurer Filban answered yes we are charged any time we change an ordinance. Councilperson Solberg questioned whether the Council should have just granted a variance on the signs for Town Pump and left the ordinance alone. Councilperson McCauley stated he does not like variances and felt this was a better way to handle any future problems. City Attorney Smith said the City is required to recodify every five years and we are a few years out on having to do that. Clerk-Treasurer Filban explained she sends any changes or new ordinances to Sterling Codifiers when she has two or three that need to go to try save as much on our budget as we can. The call for vote on the motion was four in favor; therefore the motion passed.

Councilperson Solberg made a motion to approve the travel requests for William McCauley ($328.00) and Tim Curtiss ($640.00) to attend the 2010 Municipal Elected Officials Workshop in Billings from May 5-7, 2010. Councilperson Shock made the second motion. The motion carried 4-0.

Councilperson Curtiss made a motion to proclaim May 6, 2010 as Arbor Day in Cut Bank. Councilperson Solberg made the second motion. The motion passed 4-0.

Clerk-Treasurer Filban read a thank you note from the Chamber of Commerce for sponsoring a table at the recent Chamber of Commerce Dinner.

Mayor Embody noted he had meet with persons from Esso along with Councilperson McCauley regarding the truck transports that will be coming through this area from Canada. Mayor Embody said he had attended the Urban Forestry Board Meeting and Park Board Meeting where there was some discussion about the grant funds that will be coming in for refurbishment of the animal control center. Also, Nicole Altenburg and Sonja Ray will be leaving the Park Board as their terms are up. Mayor Embody said he had attended the Sweetgrass Port Authority in Conrad. He mentioned it was a poorly attended meeting but the organization was in the process of hiring a director. Mayor Embody and Councilpersons McCauley and Curtiss met with representatives from the Montana Department of Transportation. The DOT has agreed to fund one-half the cost of installing a sidewalk along the football field and the School District will be paying for the other half. The City of Cut Bank will be doing in-kind work in the preparation of the land for the sidewalk installation. Mayor Embody, Councilpersons Shock and McCauley attended the Tri-City Interlocal Meeting in Conrad. There was continued discussion about the purchase of Dura-patch machines.

Councilperson Shock said he may not be available for meetings during the day due to work conflicts. Mayor Embody asked Councilperson Shock to inform Councilperson McCauley and see if another person can cover those meetings. Councilperson Shock went to the Cut Bank Development Board meeting. There was talk of having non-smoking at the Central Park after it gets redesigned.

Councilperson Curtiss said he had been to the Beautification Committee Meeting. There was discussion about the entryway signs into the City that the CTEP funds will pay for. Designs have been approved and a contractor needs to be located to make the pillars to hold the signs. The Adopt a Block program is also beginning and blocks are available for adoption. Councilperson Curtiss said there is a workshop on April 24, 2010 to learn about pruning and taking care of vegetation held at the civic center. Afterwards there will be planting of bushes at the animal control shelter.

Councilperson Solberg said she had not been to any other meeting than council meeting as the City/County Planning Board of which she is a member had not met this month. Councilperson Solberg said she is willing to serve on other boards as long as she can fit it in with her work schedule.

Councilperson McCauley said he had been to the Port Authority meeting held in Cut Bank. He mentioned it appears they will have to be held in Browning in order to have a quorum. He said the biggest thing they are working on is the transition of the local hospital away from Glacier County and to the Port Authority. The other thing they are working on is a walking path from the new Browning High School across Highway Two. Councilperson McCauley said he has attended multiple meetings for the Northern Montana Water District Executive Board.

There was a brief discussion on the possibility of eliminating smoking in the city parks. It was the general consensus to not look into the issue unless it becomes a problem.

There was some discussion about the Zoning Ordinance. Mayor Embody said Superintendent Suta is in the process of putting together information to distribute to the contractors regarding this ordinance.

A print out of delinquent business licenses was distributed to those in attendance. Mayor Embody explained he would like to see the City spend the money for the software to better track and have the ability to look up information easier. A discussion was held regarding the proper way to act upon the delinquent business licenses. The list was given to Chief Kraft to work on with his staff.

There being no further business to come before the council, Councilperson Shock moved to adjourn the meeting at 8:20 PM. Councilperson Solberg made the second motion. The motion carried 4-0.