Mayor Emmet D. Embody called the meeting of the Cut Bank City Council to order at 6:30 PM, Monday, June 7, 2010. The following council members answered roll call: Tim Curtiss, Kelly Solberg and William McCauley. City Superintendent Jim Suta, City Clerk-Treasurer Diana Filban, Chief of Police Jeff Kraft and City Attorney Robert Smith were also present. All present recited the Pledge of Allegiance.

Councilperson Solberg made a motion to approve the claims in the amount of $158,488.51. Councilperson Curtiss made the second motion. The motion was approved 3-0.

A report on City County Planning Board Meeting was asked to be discussed under the work session by Councilperson Solberg.

Councilperson McCauley made a motion to approve the Consent Agenda consisting of the May 17, 2010 City Council Minutes, the May 13, 2010 payroll in the amount of $53,697.00, the May 27, 2010 payroll in the amount of $53,520.18 and the April 2010 Finance reports. Councilperson McCauley noted a correction to the May 17, 2010 minutes with the inclusion of Councilperson Curtiss and the exclusion of former Councilperson Eaton. The second motion was made by Councilperson Curtiss. The motion passed 3-0.

DEPARTMENT HEAD REPORTS:

Councilperson McCauley made the motion to approve the City Superintendent’s report. Councilperson Solberg made the second motion. The motion carried 3-0.

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Item A Approval of Bond Resolution 10-08 was found to be unnecessary for this evening. Clerk-Treasurer Filban explained she had received a phone call this morning that the original loan for Schedule 2 was for $140,000 which the resolution addressed. Bob Murdo’s office called and informed us that one half of the amount was going to be forgiven. A new bond resolution will have to be prepared. Councilperson McCauley moved to table this item and Councilperson Curtiss made the second motion. The motion carried 3-0.

Councilperson Solberg made the motion to approve two handicap parking places in front of St. Margaret’s Catholic Church. Councilperson Curtiss made the second motion. There was a brief discussion regarding this matter and the amendment to the parking ordinance. An amended motion was as such Councilperson Solberg made the motion to approve two handicap parking places in front of St. Margaret’s Catholic Church with an amendment to the City’s parking ordinance. Councilperson Curtiss made the second motion. This motion carried 3-0. The vote on the original motion was in favor 3-0.

Chief of Police Kraft said there has been some confusion on the wage for Sergeant Hanson. He said the amount was in the budget and the assumption was made the matter did not have to go before the council. Clerk-Treasurer Filban said the city office was unaware that Mr. Hanson had become a sergeant as no paperwork had passed through our records. Councilperson Curtiss asked what can be done to correct this type of situation. Chief of Police said he would try follow up with City Hall on payroll matters. Clerk-Treasurer Filban said there is a policy in place where no changes to anyone’s wages can be made without a payroll status form which is signed off by the appropriate department head. Councilperson McCauley moved for the approval of the wage increase from $18.50 to $19.00 for Jim Hanson with the consideration that the Mayor and the Chief of Police get the exact date that this transpired so it is a part of the record and that from now on all police officers we will have a written wage scale at the beginning of each budget year. Councilperson Curtiss made the second motion. The motion passed 3-0.

Approval of Resolution 10-07 for a Moratorium on Medical Marijuana was next on the agenda. City Attorney Smith said it should have been an ordinance rather than a resolution. City Attorney Smith said this will be an emergency ordinance which will require two things: advertise it and hold a public hearing. It will require only one reading also. City Attorney Smith said he had utilized parts of ordinances from other cities. The ordinance will have a life of one year which will allow the State Legislature to meet this year, and we can see what happens at the state level. There was further discussion regarding the moratorium and issues with the use of medical marijuana. Councilperson Solberg moved to approve Resolution 10-07 Moratorium on Medical Marijuana. Councilperson Curtiss made the second motion. The motion failed 0-3.

Mayor Embody asked Clerk-Treasurer Filban to open the bids for the Animal Shelter Remodel Proposals. Clerk-Treasurer Filban said she had not received any proposals. Dan Wilder from the audience stood up and said he had a proposal. Superintendent Suta said the proposals were suppose to be delivered to City Hall by 5:00 PM today. Councilperson McCauley moved to postpone the opening of any proposals until Monday, June 14, 2010 at Noon at City Hall because the deadline was not properly adhered to. Councilperson Curtiss made the second motion. The motion carried 3-0.

The next item on the agenda was the opening of bids for a new police vehicle which went as follows:

Councilperson McCauley moved to hand over the bids to the Mayor and Chief of Police for advisement and bring their recommendation back to the Council. Councilperson Solberg made the second motion. The motion passed 3-0.

Councilperson McCauley noted the Montana Department of Transportation had invited himself and Superintendent Suta to a meeting recently and informed them, the Department is going to consider lowering the speed limits on the East end of the City as the Council has requested. The 25 mph speed zone will move further east. Councilperson McCauley said the DOT is looking for letters of support to advance with their efforts to reduce the speed limits. Councilperson Curtiss moved to have a letter prepared from the Council and the Mayor in support of the reduction of the speed limits on US Highway 2 on the east end of the City. The second was made by Councilperson McCauley. The motion carried 3-0.

Superintendent Suta said Billmans, Inc. has asked to be annexed into the city limits and the current problem is the city cannot provide sewer to their business. Superintendent Suta said he has asked the engineering firms of Morrison and Maierle Engineering and Great West Engineering to give him a proposal on sewer lines. The current estimate is about $92,000.00. Superintendent Suta explained the sewer line behind the Moose Club has problems, and this could be fixed at the same time as extending a line. Superintendent Suta said it is his recommendation to go ahead with the project and use some of the reserve funds or wait for another funding cycle. There was further discussion regarding this topic. Councilperson Curtiss moved to go forward with the engineering studies and bring the information back to the Council for a final decision. Councilperson McCauley made the second motion. The motion passed 3-0.

New Business was moved up to allow Councilperson Solberg to vote on these action items in order that she could be excused because she was not feeling well.

Councilperson Shock moved to approve Resolution #10-06 - Resolution of Intent of the City of Cut Bank to Increase Water Rates and Charges for the Users of the Water System. Councilperson McCauley made the second motion. The motion passed 4-0.

Councilperson Shock moved to approve out of state travel for Mayor Embody. Councilperson Solberg made the second motion. The motion passed 4-0.

None

Councilperson Solberg said the City County Planning Board met on May 18, 2010 regarding the variance request by Glacier County for a building along the alley behind Glacier County Courthouse. The City County Planning Board voted in favor of the variance. City Attorney Smith said Glacier County needs to advertise their variance request in the paper and get a date from the Clerk-Treasurer for advertising purposes of when the item will be on the City’s agenda.

The Council and Mayor reviewed the Clerk-Treasurer’s budget.

There being no further business to come before the Council, Mayor Embody moved to adjourn the meeting at 9:10 PM. The Council passed the motion.