Mayor Emmet D. Embody called the meeting of the Cut Bank City Council to order at 6:30 PM, Tuesday, July 6, 2010. The following council members answered roll call: Tim Curtiss, Kelly Solberg, Tom Shock and William McCauley absent. City Superintendent James 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.

City Attorney Smith swore in Clerk- Treasurer Filban at 6:33 PM and asked if it was her responsibility to see public hearings are properly advertised. Clerk-Treasurer Filban answered yes and noted she had an affidavit of publication for this hearing.

City Attorney Smith asked for public comment. Rodney Burns said he was interested in starting a business like this and came to the meeting this evening to find out how to do so. City Attorney Smith asked Mr. Burns if he was aware that the intent of this hearing was for the Council to hear public comment before they voted on a one year moratorium on the sale of medical marijuana in the city limits. Mr. Burns said he was aware of that fact. There was some discussion between the City Attorney Smith and Mr. Burns regarding business licenses and the sale of medical marijuana.

City Attorney Smith called three more times for public comment of which there was no further comments. The public hearing was closed at 6:37 PM.

Councilperson Solberg made a motion to approve the Consent Agenda consisting of the June 21, 2010 City Council minutes, June 24, 2010 payroll in the amount of $58,318.96 and the May 2010 finance reports. The second motion was made by Councilperson Shock. The motion carried 4-0.

Councilperson Shock made the motion to approve the City Superintendent's report. Councilperson Curtiss made the second motion. The motion carried 4-0.

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Additional Inspection Costs Incurred by the Water Project and How to Proceed:
Joel Pilcher from Great West Engineering said the original water line project went over their allocated time and such things as additional installation of fire hydrants and valves added to the inspection costs of approximately $49,000.00 Kolby Green from Phillips Construction said it was a domino effect when one thing west over the next part of the project continued on. Mr. Pilcher said the City does have the right to subtract the amount from a payment to Phillips Construction, but would like the Council to consider all of the extraordinary things that happened during schedule one of the water line distribution project. City Attorney Smith asked if the changes were documented by changed orders. Mr. Pilcher said change items are not normally done until the end that take into account all of the additions. Councilperson Solberg made a motion to accept the incurrence of the extra costs for the schedule one water project at a total of $49,378.28. Councilperson Shock made the second motion. Councilperson McCauley asked for future action he would like to see change orders done as extra items are found. Mr. Pilcher said he could put together something on a weekly basis. The motion passed 4-0.

City Attorney Smith did the reading of ORDINANCE NO. 10-02 - AN INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUTBANK, MONTANA, IMPOSING RESTRICTIONS UPON THE LOCATION, OPENING OPERATION, AND LISCENSING OF ANY ESTABLISHEMENTS THAT GROW, SELL, OR DISTRIBTE MEDICAL MARIJUANA AND DIRECTING THE STUDY OF NEW PROPOSED ORDINANCES TO REGULATE SUCH ESTABLISHMENTS. City Attorney Smith noted this interim ordinance takes immediate effect upon adoption of the City Council this evening.

Councilperson McCauley asked in the event the City did issue business licenses for this activity, would backgrounds checks be run on the business. City Attorney Smith said currently the way the State of Montana has defined it the Department of Public Health and Human Services oversee it. City Attorney Smith said the City of Cut Bank could also adopt its own rules as far as the businesses were concerned.

Councilperson McCauley moved to adopt Ordinance 10-02 as presented. Councilperson Shock made the second motion.

Mr. Burns asked if there were any businesses up and running in town now. City Attorney Smith said e there has been no city business licenses issued to anyone regarding medical marijuana. Mr. Burns said he is looking to begin a business in a good location. Mr. Burns asked if someone has a caregiver card and are doing business can the City stop that business. City Attorney Smith answered any business in the City requires a business license. Mr. Burns Mr. Burns asked if there is anything I can do to start a business. Mayor Embody said if the Council passes this ordinance, you could not start a medical marijuana business for a minimum of a year. City Attorney Smith said the City of Cut Bank will be watching what the State of Montana Legislature does this winter in reference to the medical marijuana issue. There was some continued discussion regarding various points on the sale of medical marijuana.

Mayor Embody called for a vote on the motion. The motion passed by a voted of 4-0.

Clerk-Treasurer Filban said she had received a letter from Bresnan Communication announcing that they were being bought out by Cablevision, but there were no anticipated changes in services.

Mayor Embody said he had received a letter and call from Mick Johnson of MDOT. The Montana Department of Transportation went ahead and paid for the entire side walk along Highway 2 and the football field. Also, Mayor Embody said the MDOT has approved the change of speed limits on the east end of the City. The 35 mph sign will go to 25mph and the 45 mph sign will remain the same.

The Council and Mayor reviewed the budget for Public Works.

There being no further business to come before the Council, Councilperson Curtiss moved to adjourn the meeting at 9:25 PM. Councilperson Shocked made the second motion. The motion carried 4-0.