The URL can be used to link to this page

H1. Ward 3 Vacancy Appointment201 1" Avenue East CITY OF Kalispell, MT 59901 10 Phone: (406) 758-7700 KALISPELL REPORT TO: Honorable Mayor Ryan Hunter and City Council FROM: Jarod Nygren, City Manager SUBJECT: Ward 3 Council Vacancy DATE: January 20, 2026 (Work Session) BACKGROUND: Effective January 5, Ryan Hunter was sworn in as the mayor, thereby vacating his Ward 3 seat. Kalispell City Code references the following in respect to Council vacancies: 2-38. Elected Officer Removal and Vacancy: The removal of any elected officer or the filling of any vacancy in an elected office shall be conducted in accordance with State law. (Ord. 1166 § 2-38) State law regarding Council vacancies is as follows: 7-4-4112. Filling of vacancy: (1) When a vacancy occurs in any elective office, this position is considered open and subject to nomination and election at the next general municipal election in the same manner as the election of any other person holding the same office, except the term of office is limited to the unexpired term of the person who originally created the vacancy. Pending an election and qualification, the council shall, by a majority vote of the members, appoint a person within 30 days of the vacancy to hold the office until a successor is elected and qualified. (2) If all council positions become vacant at one time, the board of county commissioners shall appoint persons within 5 days to hold office as a city council member. The appointed city council member shall then appoint persons to any other vacant elective offices. (3) A vacancy in the office of city council member must be filled from the ward in which the vacancy exists. State law is silent on the process used for the governing body in the selection process. Hence, the Council will need to establish the methodology for appointment of the replacement. The 2007 and 2014 council minutes have been attached to show past methodologies used by council. We have received six (6) applicants for the vacancy with submitted letters of interest included in this memorandum. The applicants are as follows (in alphabetical order): Madison Evans, Arthur Fretheim, James Haring, Karlene Khor, Cassidy Kipp, and Dustin Leftridge. The appointment of the vacancy will be for the remainder of the term (through December 2027), with the seat coming up for election in November 2027. Each applicant spoke to their interest in the Ward 3 seat at the January 12, 2026, Council work session. RECOMMENDATION: It is recommended that Council make a motion to nominate an applicant. A majority vote will be necessary to approve the appointment. If at such time a majority decision is not made, Council could use a scoring system similar to the method used in 2014, to rank their top three choices and then nominate and vote. ATTACHMENTS: Letters of Interest 2014 Council Minutes 2007 Council Minutes City of Kalispell ATTN: City Clerk 201 1st Avenue East, Kalispell, MT 59901 To Whom It May Concern: My name is Madison Evans and I am very interested in serving as a non -partisan Council Member. I have lived in Kalispell and Ward 3 for almost mywhole life. Growing up in this beautiful area and the people in it has always inspired me to give back and continue to make this a welcoming, safe, and accessible place to live. Even back during my time at Peterson elementary school, I was drawn to community involvement and action, joining an after -school group as a 6th grader and fundraising to repair the school's fence around the playground. My drive to support individuals and the community continued into my higher education, earning my bachelor's degree in Psychology and Human and Family Development and my Masters in Social Work. I immediately came back to Kalispell and began working at the hospital in oncology, shortly after I began managing a non-profit, Cancer Support Services House [formerly Cancer Support Community Kalispell], became a board member for the non -profits; Wings Regional Cancer Support and Northwest Montana Chicks N Chaps Cancer Support, and coordinated numerous fundraising events and community events for those impacted by cancer. Currently I work as a mental health therapist here in the valley. My work and volunteer experience have always revolved around meeting the unique needs of the people around me. My experience and work have taught me community matters and one vital way to be a part of positive change is serving on city council. To support the community, we need to support policies, ordinances, and budgets that match our publics unique needs. My profession and professional experience provide me skills in communication and advocacy work with the aim to support everyone and not just a select few. Regardless of political leanings everyone deserves a voice and a place at the table. My goal is to make sure and listen to what the people need and advocate for it whenever possible. Being able to collaborate, find common ground, have an open mind and sound judgement is something I have always strived for and excelled at. It would be my honor and privilege to have this unique opportunity to serve the community that has given so much to me throughout the years. Sincerely, Madison Evans 404 9th Ave W. Kalispell, MT 406-550-7154 Madisonevans321 @gmail.com December 30, 2025 Madison L. Evans, LCSW 406.550.7154 madisonevans321@gmail.com Education University of Montana, Missoula, MT 2016 Master of Social Work University of Montana, Missoula, MT 2013 Bachelor of Arts in Psychology Human and Family Development Professional Experience Sunflower Counseling Montana 2023-Current Mental Health Therapist - LCSW Gyeonggi Office of Education — South Korea 2021-2023 English Teacher o Program development. Develop yearly curriculum for Elementary through High School classes. o Cultural exchange through collaborative learning. o Integrated blended learning activities, utilizing technology. o Assessed students' progress and individual learning needs, planned and implemented lesson plans designed to engage students' interest and overall engagement in class. o Coordinated after school groups with high school students. o Balanced whole -group, small -group, & individual instruction to accommodate different academic levels & learning styles Logan Health Hospital 413 RVZON, I Cancer Support & Survivorship Program Manager o Provided clinical work, including facilitating the cancer support group, intake interviews, consultation appointments, individual counseling and information referrals for oncology patients and their families. o Delivered psycho -social assessments. o Created and managed individualized care plans for patients and their families. o Collaborated and coordinated with the oncology clinic staff, physicians, and managers to develop and recommend changes to effect improvement of quality, efficiency, economy, and effectiveness of CSS operation and services. Led analysis to understand barriers to patient access and implement actions to expand access. o Responsible for CSS finances and program budget. Oversaw fundraising operations of CSS, grant writing. Maintain positive community relations with local businesses, non -profits, and community members. o Develop and teach interactive educational workshops of interest to cancer patients and their families. Logan Health Hospital 2016-2018 Oncology Social Worker o Psychosocial coordinator, develop and implement psychosocial distress screening for all oncology patients, monitoring on -site screening and referrals for psychosocial care. Track and present annual psychosocial services summary for the hospital o Develop multidisciplinary care plan with patient and family. o Facilitate cancer and caregiver support groups. o Assist patients and family members in navigating the health care system to maintain or improve quality of care and life. o Collaborate with community agencies to remove barriers from patients in addressing physical and mental health services. This includes access to transportation, lodging, and financial assistance. o Develop special programs and resources to address cultural and community based needs specific to cancer. Grant Creek Family Medicine Medical Social Worker - Practicum Position 2016 o Family education on physical and psychosocial needs of client, facilitated communication with the client and medical staff. o Crisis intervention o Risk assessment o Information and referral services o Coordinated client discharge and continuity of care planning. Western Montana Addiction Services 2015 Recovery Center and Turning Point - Practicum Position o Co -Facilitated psycho -educational groups o Performed psychosocial assessments, client evaluations, and coordinated intake process. o Trained in Motivational Interviewing o Trained in ASAM levels of care o Networked with outside organizations in the community for clients. YWCA: GUTS! Program Group Facilitator and Volunteer Support - Practicum Position 2014 — 2015 o Co -facilitated multiple GUTS! after school groups with girls ages 9-12, teaching leadership, empowerment, and conflict management skills. o Supported volunteers by offering training, subbing for groups, and improved the retention rate of volunteers. o Planned and marketed LUNAFEST fundraiser o Co -created and facilitated the Financial Literacy curriculum a pilot group at Willard High School Trainings TEFL o Teaching English as Foreign Language certification American Heart Association CPR Certified/Korean CPR Certification Current 2020 Darkness to Light Stewards of Children 2014 o Child sexual abuse prevention training o How to prevent, recognize, and react responsibly to child sexual abuse Safe Talk 2014 o Suicide alertness training o Trained to recognize and respond to situations where suicide thoughts may be present and how to connect them with community resources. Leadership and Volunteer Work Wings Regional Cancer Support Board Member 2016 - 2021 o A non-profit organization offering financial assistance to individuals and families affected by cancer Monthly meetings for allocation of funds and board member meeting to discuss current and future business and projects. o Event and fundraiser planning; collaborating with community businesses and organizations. Northwest Montana Chicks N Chaps Cancer Support 2018-2021 Board Member o A non-profit organization that provides financial support to breast cancer patients and survivors. o Coordinated fundraising events. Research Experience Graduate Researcher University of Montana f►d170WZI711: o Graduate research assistant for Charlie Wellenstein and Kerrie Ghenie of the School of Social Work on the Center for Children, Families, and Workforce Development o The center's mission is to improve the delivery of social, mental health, and health -related services to Montana's high -risk children and families. o Assisted with grant research. o Created and manage the center's website and social media. o Researched and collaborated on methods to increase Child Protective Services' retention rates in Montana. o Served on committee for yearly faculty evaluations, summarizing each class and Professor's contribution. Dear Mayor and Council: I am writing to offer my services for the open City Council seat for Ward 3. 1 am a Kalispell resident and citizen who has lived at my current place on the east side of the ward for a little over 10 years. I am the third generation of my family to have lived in Kalispell, although the first to seek local office. My grandparents, Dick and Norma Fretheim, were longtime Kalispell residents and members at Bethlehem Lutheran Church, with my grandfather having been librarian at Flathead. My dad went to Russell School, and I currently have family on the west side. Professionally, I am a certified teacher and have worked in the local schools as a special education teacher, paraprofessional and substitute, having obtained my teaching credentials from the University of Montana -Western. Previously I worked for the Daily Inter Lake and at local Kalispell grocery stores and restaurants. Outside of work, I enjoy playing trivia at local establishments and visiting parks. My work schedule should not prohibit me from attending the work sessions and regular meetings at 7 pm Monday nights. Currently, I serve on the City Impact Fee Committee. Over the past few years, I have been a regular listener at Council meetings. When I have given public comment, I have always tried to keep it relevant and useful to the topic at hand and will strive to continue to do so. In the interests of full disclosure, I have run for the Montana Legislature to represent House District 7 in central Kalispell, an office which requires candidates to state a party preference. However, I believe that I can separate my partisan views on state issues from the local matters that come before the Council. One of the things the City Council does better than other levels of government is in avoiding explicitly partisan decisions and I would like to keep it that way. Having knocked numerous doors in town I have found that when you remove the party labels there is a lot we agree on, from education, to taxes, to public safety. I do have some issues that I would like to bring forward to the city, including improving snow removal and general road and pedestrian safety, but more importantly I would like to be a voice for my neighbors. The powers of the city only exist because they are delegated by the people of Kalispell and my object would be to serve them, not my own personal interests. While I would like the opportunity to run and think that I would have a good chance if could place my name before the voters, I understand that state law requires you to make the choice to fill the vacancy. With that in mind, I hope to be selected but more importantly I hope that whatever choice you make reflects the genuine interests of the people of Ward 3. Thank you for your consideration. Please do not hesitate to reach out with any further questions. Sincerely, Arthur Fretheim 240 9th St E #201 Kalispell, MT, 59901 afretheim(a)amail.com Cell: 641-260-0125 Letter of Interest for Third Ward Council Member James Haring 620 1 st Ave. W. Kalispell Montana, 59901 406-212-2163 &nes _JamesHaaur��5 Relevant Experience: I am a twenty -six -year resident of the third ward of Kalispell. I served a full three-year term as Elder of First Presbyterian Church, Kalispell. Software Engineer with 30 +years of experience. I have led a book club for over ten years. My skill set includes computers, problem -solving, analytics, leadership, and communication. A brief explanation of why you are interested in the position: I have watched the city grow the last 30 years, and I believe the city is headed in a good direction and would like to aid Kalispell in continuing in a good direction. My father worked in city government and taught me the value of public service. I understand that making decisions is difficult and requires a long-term perspective. Thank you very much for your time and consideration. Sincerely, James Haring This letter was not generated using Al tools. My name is Karlene Khor, and I live in Ward 3 in Kalispell at 229 7th Street West. My contact phone is 661-617-7656 and my email is ni.adamekarl<osa@Email.com. I am the manager of a limited liability company which owns property on Main Street in Kalispell. I have been the Chairman of the Kalispell Impact Committee and a member of the Kalispell City Planning Board. Interestingly, these appointments were made by city council with two different mayors at the helm. I have also run for the Ward 3 city council seat in the past and in one of those instances lost my race by 23 votes. City Council does require an open mind and a commitment to be prepared by doing your homework, but it also is helpful to have experience and understanding of the funding mechanisms for cities in Montana like ours and acknowledge the unprecedented growth and how it impacts on our local community. My time on the Planning Board and on the Impact Committee provides me with that knowledge and experience. This is a transitionary time for our city with a new city manager, Mayor and newly elected first- time city council members so I believe my contribution as an experienced member of important city boards and committees can be of value and service to council and my hometown. It is sometimes important to see where we have been to see where we are going. It is always vital to listen to our neighbors and keep in mind our city government works because our neighbors believe in us and our ability to listen to their concerns and try when we can to solve or mitigate them. In the end, every city council member works for the good of their neighbors and that is why I am applying for this city council seat. I have also been a School Board Trustee for St. Matthews School, President of the Soroptimist International of Kalispell, Chairman of the Save Central School Committee, member of the high school committee proposing to renovate FHS and build Glacier High School, Past Senior State President of the National Society Children of the American Revolution, Past Secretary for the Chief Ignace Chapter of the Daughters of the American Revolution, and I have assisted in various capacities numerous community projects and fundraisers over the years. My family has lived in Kalispell for three generations now and this is my home. Cassidy Kipp 820 Third Avenue East cyvonnekipp@gmail.com Dear Mayor and Council, Please accept my letter of interest in the Ward 3 seat. I am excited for this opportunity. I celebrated my first birthday in Ward 3 and have been a homeowner in the ward since 2006. I love the character of the neighborhood. On my street we greet hundreds of kids on Halloween, we walk to the Kruise on Friday nights, and we cheer on the solid waste crews as they tackle the east side leaves. It's a great little pocket of Kalispell that holds unique charms that make our community appealing. As per the notice, I am providing narrative regarding my experience and a conclusion paragraph outlining why I am interested. Experience: I returned to Kalispell directly out of college. I worked for Adult Protective Services, often alongside law enforcement, emergency responders and local government agencies to investigate abuse/ neglect/ exploitation of the elderly and disabled. During this time, I often coordinated with Kalispell Fire Department and Police. My office was located side -by -side with MT Highway Patrol. We had daily contact there. These front row interactions with law enforcement introduced me to the depth and scope of services that can fall upon their shoulders in the line of duty. And it was through this experience that many of my beliefs on officer safety and capacity were developed. These are non-negotiables for effective policing. Through my work with Adult Protective Services, I realized that opportunities exist to intervene in problematic situations prior to them becoming costly crisis scenarios that siphon excessive resources from public and private entities. As a result, in 20091 started working in housing stabilization, with a focus on responsible programming and accountability to help keep folks out of crisis. For many years i worked directly with people encountering housing insecurity. This work included developing and following household budgets that were maintainable without any type of outside help; increasing earning capacity for people who were unemployed or underemployed through stabilization planning; and working with local partners to leverage cross -sector expertise to achieve sustainable outcomes. In the past five years, my housing work has shifted to development activities that are influenced by land use policies and state/local rules. I spend a great deal of time reading policy, exploring funding options, including the related underwriting requirements, local regulations/ code/ building department work flow and market conditions. I enjoy the process and work involved in understanding complicated land use scenarios. I hold certifications for low-income housing tax credit programs and I keep up to date with industry trends. I hold two national certifications to teach and implement a management style known as Result Oriented Management and Accountability. The process is outcome -focused in its philosophy and orientation, requiring effective planning based upon proper information. I am certified to teach an 8-hour course that introduces this process to organizational staff. Additionally, I complete an annual audit of internal operations to assess how the organization could improve performance based upon prior year results and targeting accuracy. The audit helps assess our ability to meet the double bottom -line of mission and margin. Outside of work, I spent many years volunteering on the board of Special Friends Advocacy Program, a local group that provides social and recreational outings to adults with disabilities This organization is 100% self -supported and a great example of a private sector local response to a community need. I am also a member of the board of the Flathead County Agency on Aging, addressing unique needs and resources of the senior populations in our area. This board includes a sitting County Commissioner. Why am I interested? When I think about the future of Kalispell, I first get a little nostalgic so that it's clear why I care so much. I worked at the Army Navy on Main Street during high school in the 1990s and then spent another 15+ years working on Main Street in the 2000s. 1 worked, drove, walked and shopped in our downtown area. I raised my family walking to the library, and to Norm's News and to Music in the Park. We live in a ward that allows us easy access to much of what Kalispell can offer. Walks to the Parkline and season passes to the pool. We live here because we Peel safe and confident in it being complementary to the needs of our family. My professional experience reinforces my deep Kalispell connection. I have a sensibility to the economic realities of budgeting and execution of municipal projects, and I realize that money doesn't grow on trees. I know how to strike that balance. I am compelled to be involved with the next steps of our city planning by bringing my skills and my experience and my love for this area to the table. I believe there is momentum behind the work that council has started, and I am excited at the prospect of engaging and contributing more directly in this process. Thank you for your consideration, �P'assidAyK(ipp/? Dustin Leftridge 345 1 st Avenue East Kalispell, MT 59901 406-752-5566 dleftiridge@mcgarveylaw.com December 18, 2025 Mr. Mayor and Members of the City Council, Kalispell is my home, and I am applying to serve on the City Council because I care about how this community grows and how today's decisions affect its future. My wife, Brynne, and I have lived downtown for twelve years, where we are raising our two sons. Living downtown has given me a firsthand view of both the opportunities and pressures facing Kalispell, and I am committed to this community for the long term. I am a graduate of the University of Montana School of Law and have practiced law in Kalispell for twelve years. As an undergraduate at the University of Montana, I served as student body president, which was my first experience representing a wide range of viewpoints and working through real budget and governance issues. I am now the managing partner at McGarvey Law, where much of my work has involved representing former miners and their families from Libby. That work requires finding common ground between individual clients and some of the largest law firms and insurance companies in the country. Progress is only possible through preparation, clear communication, and negotiation grounded in trust and persistence. These are not short-term problems, and solutions come from staying engaged and working through difficult issues over time. Those same skills are directly applicable to city council service. Council work often involves shifting dynamics, competing priorities, and long-term consequences. My professional experience has taught me to evaluate complex issues, ask direct questions, and work toward practical outcomes. It has also reinforced the importance of listening and collaboration when there is no single "right" answer. I have also been involved in Kalispell beyond my professional work. I served on the One Brave Pack team that helped pass the recent high school levy, have served on local boards, and am currently working with the Chamber on the Downtown Forward Coalition. These efforts reflect my belief that lasting progress comes from community involvement and collaboration. Downtown Kalispell faces real challenges, particularly rising property taxes and increasing costs for homeowners and small businesses. Because I live and work downtown, these issues are personal to me. I see how policy decisions affect people day to day. I am interested in solutions that are fiscally responsible and grounded in the realities of living and working here, while preserving what makes Kalispell unique. I do not approach public service from a political or ideological perspective. I see that as a strength. It allows me to listen openly, work with people who hold different views, and evaluate proposals on their merits. I would approach this role with respect for differing opinions and a genuine commitment to collaboration. If appointed, I will take the responsibility seriously. I will come prepared, stay engaged, and do the work required outside of meetings. I care deeply about Kalispell and its future, and I would be honored to serve the community on the City Council. Sincerely, Dustin Leftridge A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M., MONDAY, AUGUST 4, 2014, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR MARK JOHNSON PRESIDED. COUNCIL MEMBERS JIM ATKINSON, SANDY CARLSON, KARI GABRIEL, CHAD GRAHAM, PHIL GUIFFRIDA, TIM KLUESNER, AND WAYNE SAVERUD WERE PRESENT. Also present: City Manager Doug Russell, City Attorney Charles Harball, City Clerk Theresa White, Police Chief Roger Nasset, Public Works Director Susie Turner, Planning Director Tom Jentz, Senior Planner Kevin LeClair, Finance Director Rick Wills, and Deputy City Clerk Judi Funk. Mayor Johnson called the meeting to order and asked Graham to lead the Pledge of Allegiance A. AGENDA APPROVAL Guiffrida moved to approve the Agenda. The motion was seconded There was no discussion. The motion carried unanimously upon vote. B. CONSENT AGENDA APPROVAL 1. Council Minutes — Regular Meeting — Jglx 21 2014 2. Ever een Sewer District Rate for FY2015 Evergreen's Sewer District rate is based on the city's operational expenses prorated at a percent of usage based on meter readings at the lift station and Wastewater Treatment Plant. 3. Award Bid —1st Alley EN Sewer Replacement Project Four bids were received for this project from LHC, Nelcon, Knife River, and Paveco. Staff recommended the contract be awarded to LHC in the amount of $256,020.65. Atkinson moved to approve the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. C. COMMITTEE REPORTS None. D. PUBLIC COMMENT Pam Carbonari, Kalispell Business Improvement District and Kalispell Downtown Association, thanked council and staff for striping parking stalls downtown and remarked they would like to participate in the courthouse couplet discussion. Kalispell City Council Minutes August 4, 2014 Page 1 Mayor Johnson outlined his proposed process for selecting a new council member, suggesting the council mark their top three choices on a ballot as 1, 2, or 3. He said #1 is worth 3 points, #2 - 2 points, and #3 -1 point. The points for each candidate will then be tallied with the top three candidates moving to the final selection. At that point, a council member can put forth a nomination. There was no objection and council members marked their ballot selections. The ballots were scored by the City Clerk and City Attorney with John Hinchey and Rod Kuntz receiving the most points, and a three-way tie for third. Graham moved Rod Kuntz be appointed to the open Ward 3 seat. The motion was seconded. The motion failed on a tie vote with Graham, Guiffrida, Kluesner, and Mayor Johnson voting in favor, and Atkinson, Carlson, Gabriel, and Saverud voting against. Atkinson moved John Hinchey be appointed to the open Ward 3 seat. The motion was seconded. The motion failed on a tie vote with Atkinson, Carlson, Gabriel, and Saverud voting in favor, and Graham, Guiffrida, Kluesner, and Mayor Johnson voting against. Atkinson moved to appoint the candidate with the highest point total. The motion was seconded. The motion carried unanimously upon vote. Mayor Johnson informed council that Rod Kuntz received 10 points to John Hinchey's eight points, earning Rod Kuntz the seat. (The ballots are attached hereto and wade a part of the official record) F. MAYOR/COUNCIL/CITY MANAGER REPORTS No Action Russell announced the next work session will focus on an open discussion of the courthouse couplet. Russell informed council that Kalispell has been invited to participate in the Mayor's Institute for Design for Downtown planning and more information would be forthcoming. Graham encouraged the candidates to apply for current board openings. Mayor Johnson said he met with Ms. Wheelchair Montana, Starla Hilliard Barnes, in order to identify handicap accessibility issues within city parks. Atkinson also commented on accessibility problems in town. G. ADJOURN The meeting was adjourned at 8:20 p.m. Theresa White City Clerk Approved August 18, 2014 Kalispell City Council Minutes August 4, 2014 Page 3 CITY COUNCIL VACANCY — WARD 3 VOTING BALLOT ❑ -Steve Burglund I(N ❑ Jim Cossitt ❑ - John Hinchey ❑ Richard Hull ❑ --A Lance Isaak @0 -Rod Kuntz ❑ `1Mary Kay Myett ❑ -Bill Nelson ❑ vKarlene Osorio-Khor v Marc Rold ❑ Jonathan Smith Dated this 4th day of August, 2014. Signature: Printed Name: CITY COUNCIL VACANCY — WARD 3 VOTING BALLOT ❑ Steve Burglund ❑ Jim Cossitt E� John Hinchey I ❑ Richard Hull ❑ Lance Isaak ❑ Rod Kuntz ❑ Mary Kay Myett 2( Bill Nelson ❑ Karlene Osorio-Khor ❑ Marc Rold 12 Jonathan Smith Dated this 4th day of August, 2014. Signature: 114, /-Ve-7 f Printed Name: 11/ ¢ Ge CITY COUNCIL VACANCY — WARD 3 VOTING BALLOT ❑ Steve Burglund ❑ Jim Cossitt 3 John Hinchey ❑ Richard Hull ❑ Lance Isaak RRod Kuntz ❑ Mary Kay Myett ❑ Bill Nelson [] Karlene Osorio-Khor ❑ Marc Rold ❑ Jonathan Smith Dated this 4th day of August, 2014. Signature: Printed Name: CITY COUNCIL VACANCY — WARD 3 VOTING BALLOT CDk Steve Burglund ❑ Jim Cossitt ❑ John Hinchey ❑ Richard Hull Trg Lance Isaak ❑ Rod Kuntz ❑ Mary Kay Myett ❑ Bill Nelson ❑ Karlene Osorio-Khor U-3 Marc Rold ❑ Jonathan Smith Dated this 4th day of August, 2014. Signature:(�� Printed Name: C�o.rI �d• r' l So d� A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M., MONDAY, MARCH 5,2007, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL MEMBERS JIM ATKINSON, KARI GABRIEL, BOB HAFFERMAN, RANDY KENYON, TIM KLUESNER., HANK OLSON, AND DUANE LARSON WERE PRESENT. Also present: City Manager James Patrick, City Attorney Charles Harball, City Clerk Theresa White, Detective Lieutenant Jim Brendan, Public Works Director Jim Hansz, Fire Chief Randy Brodehl, Community Development Director David Foster, Housing Manager Lynn Moon, Community Redevelopment Manager Sandy Wheeler, Building Official Craig Kerzman, Planning Director Tom Jentz, Senior Planner Sean Conrad, Planner 11 Nicole Johnson, and Recording Secretary Judi Funk. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. A. AGENDA APPROVAL Larson moved approval of the Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. B. CONSENT AGENDA APPROVAL 1. Council Minutes —Regular . Meeting — February 20, 2007 Atkinson moved approval of the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. C. STUDENT ISSUES Em D. PUBLIC COMMENT John Thomas, A2Z Engineering, spoke in favor of Fox Trotter Estates and stated he will be available for questions. Arthur Nowak, TeleTech Site Director, spoke in favor of the TeleTech block grant application. He said TeleTech currently employees 410 people and if the grant is approved an additional 80 jobs will be created. He added that 5 1 % of these positions will support or benefit low to moderate income individuals. Kalispell City Council Minutes March 5, 2007 Page 1 Jane Nolan, Proctor, Northwest Montana Human Resources Chief Financial Officer, spoke in favor of grandfathering the impact fees for Northwest Montana Human Resources explaining that the budgets for the self-help housing program were in place before the fees were enacted. Connie Leistiko, 5 Windward Loop, stated she is interested in the Council vacancy for Ward 2 and detailed why she would like to be considered. Charles Lapp, 3230 Columbia Falls Stage Road, speaking on behalf of the Flathead Builder's Association, asked the Council to deny grandfathering the impact fees for Northwest Montana Human Resources, stating this would not be in the best interest of the community. Jayson Peters, 342 6th Avenue West, spoke against grandfathering the impact fees for Northwest Montana Human Resources because the Council would not reduce them for any other contractors building affordable housing. He said mutual self help housing works, but the agency administering this program, Northwest Montana Human Resources, has gotten too big and bureaucratic and asking for this impact fee exception is the result of poor money management and lack of planning. Alex Hilton, 353 3rd Avenue EN, spoke against grandfathering the impact fees because this issue could have been avoided if they had bought their building permits last fall before the fees went into effect. He said every budget should have a contingency added and he feels the impact fees can be taken care of without putting the cost on the back of the taxpayers. Wayne Saverud, 150 Buffalo Stage, expressed his interest in the Council vacancy for Ward 2 and detailed why he would like to be considered. Beau Bledsoe, TeleTech Unit Manager, asked for Council support of the TeleTech grant application, stating he started at TeleTech in an entry level position. Narda Wilson, Columbia Falls, representing Spring Creek Estates, asked for Council's approval of the final plat. Ron Hoye, 804 7th Avenue East, spoke in support of appointing Wayne Saverud to the vacant Ward 2 Council seat. E. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION Ell. RESOLUTION 5181 — RESOLUTION OF INTENT AND CALL FOR PUBLIC HEARING — CDBG GRANT This resolution states the Council's intention of authorizing the submission of a Community Development Block Grant on behalf of the Flathead Attention Home, a youth shelter program. A public hearing would be scheduled for May 7. Kalispell City Council Minutes March 5, 2007 Page 2 Atkinson moved Resolution 5181, a resolution of intent to authorize submission of a grant application to the Montana CDBG Public Facilities Program and setting a date for a public hearing. The motion was seconded. Moon gave a staff report and answered questions. Mayor Kennedy commented this program is a valuable asset to the community and she would like to see the public speak in support of a permanent attention home. The motion carried unanimously upon roll call vote. E/2. RESOLUTION 5182 — RESOLUTION OF INTENT AND CALL FOR PUBLIC HEARING - JOINT CDBG GRANT This resolution states the Council's intention of authorizing the submission of a joint Community Development Block Grant application with Flathead County on behalf of TeleTech. A public hearing would be scheduled for April 2. Larson moved Resolution 5182, a resolution of intent to authorize submission of ajoint grant application to the Montana CDBG Economic Development Program and setting a date for a public hearing. The motion was seconded. Wheeler gave a staff report and answered questions. Hafferman remarked the taxpayers should have additional information prior to the public hearing, such as a summary of TeleTech's present performance including the current number of employees, their positions, and their salaries. He said he would also like to see a breakdown of what the $800,000 grant money would be used for. Kluesner agreed that more information is needed. Olson, Mayor Kennedy, and Atkinson spoke in favor of the grant application stating these grants are specifically earmarked for education and if we don't apply for these grants somebody else will. The motion carried unanimously upon roll call vote. E/3. ORDINANCE 1601— INTERNATIONAL BUILDING CODES —1ST READING Ordinance 1601 follows the State's adoption of the 2006 editions of the major building codes with the exception of the International Energy Conservation Code. Gabriel moved first reading of Ordinance 1601, an ordinance to amend Ordinance No. 1575 by adopting, by reference, the amendments to the Administrative Rules of Montana [ARM] at 24.301.1319 24.301.138,24.301.142,24.301.146,24.301.154,24.301.171,24.301.172,24.301.173, 24.301.208, 24.301.301, 24.301.602, 24.301.710, 24.301.714, 24.301.717, 24.301.718, and Kalispell City Council Minutes March 5, 2007 Page 3 24.301.719, and the adoption of New Rule I as they may pertain to those portions of the "International Building Code (IBC)II, 2006 Edition, the "International Residential Code JRQ9, 2006 Edition; the "International Existing Building Code", 2006 Edition; the "International Mechanical Code", 2006 Edition; the "International Fuel Gas Code", 2006 Edition; and the "Uniform Plumbing Code", 2006 Edition, as previously adopted by the City of Kalispell in Ordinance No. 1499 as the building codes of the City of Kalispell, and applicable to the jurisdictional area thereof-, subject to the amendments made, adopted and approved by the Building Codes Bureau, Department of Labor and Industry, State of Montana; to provide a penalty for the violation of any lawful order issued pursuant thereto; and establishing an effective date. The motion was seconded. Kerzman outlined the major changes, emphasizing the codes would be enforced starting around the end of April. He said any plans submitted prior to that time are date stamped and the inspections are done under the 2003 codes. Hafferman said the public should be fully informed of the pending changes and the costs that may be incurred, especially when the Council has been talking about affordable housing. Hafferman moved to table Ordinance 1601 for two weeks pending a complete list of the changes and their monetary impacts. The motion was seconded. The motion to table failed upon vote with Hafferman, Kluesner, and Olson voting in favor, and Atkinson, Gabriel, Kenyon, Larson, and Mayor Kennedy voting against. There was further discussion and Kerzman answered questions. The motion carried upon roll call vote with Atkinson, Gabriel, Kenyon, Kluesner, Larson, Olson, and Mayor Kennedy voting in favor, and Hafferman voting against. E/4. PRESENTATION — ANNEXATION, INITIAL ZONING, AND PRELIMINARY PLAT REQUEST — FOX TROTTER MEADOWS FEN, Inc. has requested annexation, zoning, and preliminary plat approval on approximately 11 acres located on the west side of Stillwater Road. Conrad gave a staff report explaining that after the planning board hearing on December 12, the property owner to the west withdrew a 30-foot strip of land from the annexation request. He said this resulted in the developers having to revise their plans and they are now requesting a variance to the road design standards to allow a 45-foot wide right-of-way instead of the required 60-foot right-of- way. Conrad said the variance request went before the Planning Board in February and they unanimously recommended the variance request be approved. Mayor Kennedy noted that a proposed 9/10 of an acre park is located off site from the subdivision and asked why a cash -in -lieu fee wasn't accepted instead. Kalispell City Council Minutes March 5, 2007 Page 4 Conrad answered the Parks and Recreation Director determined that the area surrounding the park will be developed soon and will provide an area for a community park in the future. Mayor Kennedy expressed concern that the City will be responsible for anything that occurs on that property, such as a fire, in the meantime. Atkinson said he's also a little concerned about the property being a half mile away from the development, but added it looks like the Parks Department is hedging its bets for the future. Hafferman commented parks land should be taken on site and then later the City can sell that property to purchase land for a regional park. He also criticized the road alignment, stating it is against our regulations and we should not perpetuate bad intersections. Hafferman said the plan needs to be reworked. There was discussion about traffic on Parkridge Drive and Conrad noted that road will be abandoned once the bypass is developed. Hansz agreed with Hafferman that the road alignment is not the best of possible worlds, but he noted that there are a number of intersections in the City where far higher traffic volumes deal with misalignments than this subdivision will produce. Kluesner said he also has concerns with the road situation and the park being so far away from the development. Kenyon stated he has the same concerns, but in both cases the Planning Board and the Parks Department have thoroughly looked at the proposal and he is going to move forward and vote in favor of the development. E/5. RESOLUTION 5183 — ANNEXATION — FOX TROTTER MEADOWS The property proposed for annexation is located on Stillwater Road at the northwest corner of the intersection of Stillwater Road and Parkridge Drive. Gabriel moved Resolution 5183, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein as an annexation certain real property, more particularly described as Tract 2 of Certificate of Survey 7084 and a portion of Parcel A of Certificate of Survey 15697, and as more particularly described on Exhibit "All in Section 2, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, to be known as Fox Trotter Addition No. 389; to zone said property in accordance with the Kalispell Zoning Ordinance, and to declare an effective date. The motion was seconded. Hafferman stated he will vote against the annexation because of the remote park area and the road alignment which should be reworked because it creates an unsafe condition. There was no further discussion. Kalispell City Council Minutes March 5, 2007 Page 5 The motion carried upon roll call vote with Atkinson, Gabriel, Kenyon, Larson, Olson, and Mayor Kennedy voting in favor, and Hafferman and Kluesner voting against. E/6. ORDINANCE 1602 — INITIAL ZONING — FOX TROTTER MEADOWS — 1ST READING FESN, Inc. is requesting a zoning designation of R-2, Single -Family Residential, on the property mentioned above. Larson moved first reading of Ordinance 1602, an ordinance to amend Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance No. 1460), by zoning certain real property, more particularly described as Tract 2 of Certificate of Survey 7084 and a portion of Parcel A of Certificate of Survey 15697, in Section 2, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana (previously zoned County AG-80, Agricultural, and SAG-5, Suburban Agricultural) to City R-2 (Single Family Residential), in accordance with the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded. There was no discussion. The motion carried upon roll call vote with Atkinson, Gabriel, Hafferman, Kenyon, Larson,, Olson, and Mayor Kennedy voting in favor, and Kluesner voting against. E/7. RESOLUTION 5184 — PRELIMINARY PLAT — FOX TROTTER MEADOWS FESN, Inc. is requesting preliminary plat approval to create a 24-lot subdivision on the property mentioned above. Kenyon moved Resolution 5184, a resolution conditionally approving the preliminary plat of Fox Trotter Meadows Subdivision, more particularly described as Tract 2 of Certificate of Survey 7084 and a portion of Parcel A of Certificate of Survey 15697, in Section 2, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. The motion was seconded. Harball asked the Council to consider an amendment adding language to the resolution approving the requested variance and offered a suggested motion. Atkinson moved an amendment to Resolution 5184 by adding Section IV stating: "The variance requested by FESN, Inc. and recommend by the Kalispell City Planning Staff and the Kalispell City Planning Board to alter the road design of Fox Trotter Lane from a 60 foot cross-section to a 45 foot cross-section is hereby approved by the Council". The motion was seconded. The motion to amend carried upon vote with Atkinson, Gabriel, Kenyon, Larson, Olson and Mayor Kennedy voting in favor, and Hafferman and Kluesner voting against. Kalispell City Council Minutes March 5, 2007 Page 6 There was discussion concerning stormwater issues and Patrick reminded the Council that new stormwater regulations will be coming before the Council at the next meeting. The main motion as amended carried upon roll call vote with Atkinson, Gabriel, Kenyon, Larson, Olson and Mayor Kennedy, and Hafferman and Kluesner voting against. E/8. ORDINANCE 1603 — PLANNED UNIT DEVELOPMENT AGREEMENT AMENDMENTS - WESTWOOD SUBDIVISION —1ST READING This is a request for amendments to the preliminary plat approval for Westwood Park which removes reference to an emergency secondary access and replaces the references with "emergency turn around". Larson moved first reading of Ordinance 1603, an ordinance authorizing and adopting an amendment to the Westwood Park Planned Unit Development Agreement. The motion was seconded. Jentz gave a staff report and answered questions. There was no discussion. The motion carried unanimously upon roll call vote. E/9. RESOLUTION 5185 - FINAL PLAT — AMENDED PLAT OF LOT 6, BLOCK 251 This is a request for final plat approval for a residential subdivision that creates two sublots located at 1342 Third Avenue East. Kenyon moved Resolution 5185, a resolution approving the final plat and Subdivision Improvement Agreement of the Amended Plat of Lot 6, Block 251 Kalispell Addition No. 7, located in Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The motion was seconded. Johnson gave a staff report, reminding the Council that they approved an amendment to the condition on November 20 exempting the applicant from installing a sidewalk along 14th Street East. She said a sidewalk, however, will be installed on the east side of Lot 6 along 3Td Avenue East as well as along Lot 5 to the north. Atkinson stated he is still not comfortable with the amendment made by the Council and because he feels sidewalks, whether they connect to anything or not, are crucial to the City. Olson said even though he will vote in favor of the final plat he reminded Council what he said at the November 20 meeting, that the wisdom of the Council not to require sidewalks such as this is the reason there are areas all over Kalispell without them. Kalispell City Council Minutes March 5, 2007 Page 7 The motion carried upon roll call vote with Gabriel, Hafferman, Kenyon, Kluesner, Larson, Olson, and Mayor Kennedy voting in favor, and Atkinson voting against. E/10. FINAL PLAT — SPRING CREEK ESTATES This is a request for final plat approval of Spring Creek Estates, a 174-lot residential subdivision on approximately 51 acres located on the south side of Three Mile Drive. Gabriel moved Council approve the final plat and accept the Subdivision Improvement Agreement for Spring Creek Estates. The motion was seconded. Conrad gave a staff report explaining that the name has been changed to Spring Creek Estates I because the County has accepted a separate subdivision with the same name. Atkinson stated he likes this design because it has alleys which will put porches on the front of the houses instead of garages, making this a friendly neighborhood. The motion carried unanimously upon vote. E/11. RESOLUTION 5186 —VALLEY BANK LAND EXCHANGE This resolution states the Council's intention to approve a land exchange with Valley Bank for the purpose of developing new banking and parking facilities. Larson moved Resolution 5186, a resolution to approve the proposal of Valley Bank for a land exchange between the City and Valley Bank and for the development of a new Valley Banking facility and parking facilities and to direct the City Manager to negotiate the terms of a Developer's Agreement and Purchase and Sales Exchange Agreement with Valley Bank. The motion was seconded. Patrick gave a staff report and answered questions. Atkinson said the City will be reducing its number of parking spots downtown if this trade is approved. He said if we are going to do that then we need to be committed to a redesign that includes a parking garage. The motion carried unanimously upon roll call vote. E/12. MOTION TO GRANDFATHER APPLICATION FOR SELF-HELP HOUSING — NORTHWEST MONTANA HUMAN RESOURCES Northwest Montana Human Resources is asking the Council to grandfather impact fees to the date of a grant application to the USDA for self-help housing. Kalispell City Council Minutes March 5, 2007 Page 8 Larson moved Council grandfather the impact fees for Northwest Montana Human Resources' Application for self-help housing to the date of grant submission to the USDA. The motion was seconded. Patrick gave a staff report and answered questions. Larson stated he feels we are not grandfathering the fees for Northwest Montana Human Resources, but instead for the applicants. He said they are stuck in a Catch-2 2 and they shouldn't be subjected to a new rule; they should just have to comply with what was in effect at the time of the application. Hafferman commented that impact fees are implemented to pay for growth and these fees were discussed long before they were implemented. He said the City is being asked to waive impact fees in the amount of $1,668 per household. Hafferman stated impact fees were implemented to pay for growth and taxpayers will have to subsidize the costs if they aren't paid. Atkinson noted that the grant process is time consuming and difficult with the time between submission and grant approval being quite long. He said these people should not suffer because the City changed the rules. Olson said he feels they did what they were supposed to do and were given certain figures when they asked. He said Kerzman noted that when building plans are approved the inspectors use the code that was in effect at the time the permit was issued. Olson said he doesn't see any difference here. Kluesner commented he feels the City is bailing out Northwest Montana Human Resources, not the homeowners. He questioned what other options have been looked at to fund these additional fees, including other grants, cutting back on construction costs, and liens. Kluesner said in addition, he is concerned that there will be a perception that we are setting a precedent and showing preferential treatment to this organization. Kenyon agreed that Northwest Montana Human Resources could have handled this situation better, but he also agrees that if the Council denies this request we would be punishing 16 families. He said he still hasn't decided how he is going to vote. Gabriel said what it comes down to for her is that the City can help 16 families get into homes. She said the fees were created after the application was submitted and she will support this. The motion carried upon vote with Atkinson, Gabriel, Kenyon, Larson, Olson, and Mayor Kennedy voting in favor, and Hafferman and Kluesner voting against. E/13. RESOLUTION 5187 — RESOLUTION OF INTENT AND CALL FOR PUBLIC HEARING — TRANSPORTATION IMPACT FEES This resolution states the Council's intention to consider the adoption of impact fees for transportation services and schedules a public hearing for March 19. Kalispell City Council Minutes March 5, 2007 Page 9 Larson moved Resolution 5187, a resolution of intent to establish impact fees for City of Kalispell Transportation Facilities pursuant to MCA 7-6-1601 through 7-6-1604, setting a public hearing and directing the City Clerk to provide notice therefore. The motion was seconded. Harball gave a staff report and answered questions. Mayor Kennedy stated she feels the impact fees should be discussed during a Council work session prior to holding a public hearing. Patrick responded a work session is scheduled for this coming Monday, but the Council can certainly postpone the public hearing if it wishes. Kenyon moved to amend Resolution 5187 by changing the public hearing to April 2. The motion was seconded. Olson stated he is not sure what the Council will learn in the work session. He said the City has a committee that has done a tremendous job in working through these fees and he's amazed the Council wants to second guess the committee. The amendment carried upon vote with Atkinson, Gabriel, Hafferman, Kenyon, Kluesner, Larson, and Mayor Kennedy voting in favor, and Olson voting against. There was no further discussion. The main motion as amended carried upon roll call vote with Atkinson, Gabriel, Hafferman, Kenyon, Kluesner, Larson, and Mayor Kennedy voting in favor, and Olson voting against. E/14. COUNCIL VACANCY — WARD 2 Five letters of interest were received for the Ward 2 Council seat vacated by Bob Herron on February 17. John Harlow, Franklyn Jones, Connie Leistiko, Robert Norwood, and Wayne Saverud are requesting appointment to the seat for the remainder of Herron's term. There was discussion as to the nominating and voting process. Atkinson moved that nominations be taken from the Council with a voice vote taken on each nominee; if any nominee does not receive a majority vote then the two nominees receiving the highest number of votes would be voted on a second time. The motion was seconded. Larson commented he has been involved in this process several times and it can take quite a long time, especially if there is a tie vote. He said that is why he would like to see secret ballots; people are more inclined to change their vote if they can do it anonymously. Kalispell City Council Minutes March 5, 2007 Page 10 Atkinson offered that if the second concurs he would be willing to change the vote to a secret ballot. The second did not concur. The motion carried upon vote with Atkinson, Gabriel, Kenyon, Larson, Olson, and Mayor Kennedy voting in favor, and Hafferman and Kluesner voting against. Mayor Kennedy opened the floor to nominations. Gabriel nominated Connie Lestiko. The motion was seconded. Kluesner nominated Wayne Saverud. The motion was seconded. Mayor Kennedy closed the nominations. With a show of hands Gabriel, Kenyon, Larson, and Mayor Kennedy voted in favor of Leistiko, and Atkinson, Hafferman, Kluesner, and Olson voted in favor of Saverud. Atkinson moved the nominees draw straws. The motion was seconded. Harball explained that drawing straws is not a legal vote. Atkinson withdrew his motion. Kluesner moved the Council vote by secret ballot. The motion was seconded. John Stang, Daily Interlake reporter, protested the secret ballot stating no other vote is done by secret ballot and he feels the public has the right to know who each member is voting for. Harball responded that Stang has a reasonable point and suggested the Council members try to resolve this issue without using a secret ballot. The motion failed unanimously upon vote. Two additional votes were taken for each nominee with the same result both times; with a show of hands Gabriel, Kenyon, Larson, and Mayor Kennedy voted in favor of Leistiko, and Atkinson, Hafferman, Kluesner, and Olson voted in favor of Saverud. Mayor Kennedy suggested tabling the issue in hopes that someone will change their mind. Gabriel informed the Council she will be out of the area for the next two meetings. Kluesner moved to table the appointment to the March 19 meeting. The motion was seconded. The motion to table failed upon tie vote with Atkinson, Hafferman, Kluesner, and Olson voting in favor, and Gabriel, Kenyon, Larson, and Mayor Kennedy voting against. Kalispell City Council Minutes March 5, 2007 Page 11 Olson moved to table the appointment to a Special Meeting on Thursday, March 8, at 12:00 p.m. The motion was seconded. The motion carried upon vote with Atkinson, Hafferman, Kluesner, Larson, Olson, and Mayor Kennedy voting in favor, and Gabriel and Kenyon voting against. F. MAYOR/COUNCIL/CITY MANAGER'S REPORTS (No Action) Olson asked that a work session be scheduled to discuss a Council policy for appointing new members when a vacancy occurs. Kluesner and Kenyon thanked Councilor Herron for his service to the City and the Council. Patrick stated he attended a bypass meeting Saturday with Senator John Tester and he was assured that Tester and Senator Baucus will do their best to find appropriations for the bypass. Patrick gave Council an update on the AFSCME negotiations. G. ADJOURN The meeting was adjourned at 10:27 p.m. ATTEST: Theresa White City Clerk Approved March 19, 2007 Kalispell City Council Minutes March 5, 2007 Page 12 A SPECIAL MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 12:00 P.M., THURSDAY, MARCH 8, 2007, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL MEMBERS JIM ATKINSON, BOB HAFFERMAN, RANDY KENYON, TIM KLUESNER, HANK OLSON, AND DUANE LARSON WERE PRESENT. COUNCIL MEMBER KAKI GABRIEL WAS PRESENT VIA TELEPHONE. Also present: City Manager James Patrick, City Attorney Charles Harball, City Clerk Theresa White, and Recording Secretary Judi Funk. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. A. AGENDA APPROVAL Larson moved approval of the Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. B. PUBLIC COMMENT None. C. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION C/I. COUNCIL VACANCY — WARD 2 At its regular meeting Monday evening the City Council nominated two persons to fill the Ward 2 vacancy, Connie Leistiko and Wayne Saverud. After voting several times with each candidate receiving four votes each, the Council decided to set a special meeting to resolve the issue. Atkinson moved to remove the Ward 2 Council Appointment from the table. The motion was seconded. The motion carried upon vote with Atkinson, Hafferman, Kenyon, Kluesner, Larson, Olson, and Mayor Kennedy voting in favor, and Gabriel on standby. Harball stated he feels having Gabriel vote by telephone is legal, but asked the Council to take a formal vote on the issue. Olson moved to allow Gabriel to vote by telephone. The motion was seconded. Kluesner stated he feels a telephone vote should not be allowed due to several reasons, including noise interruptions. Kalispell City Council Minutes March 8, 2007 Special Meeting Page 1 Mayor Kennedy commented this is an appropriate voting method because there is no time in the next three weeks that the entire Council can meet. The motion carried upon vote with Atkinson, Kenyon, Larson, Olson, and Mayor Kennedy voting in favor, Hafferman and Kluesner voting against, and Gabriel on standby. Kluesner noted the law states the appointment has to be made by a "majority of the Council". He asked if "majority" means those members elected or present. Harball stated the law is a little ambiguous, but for everything else the Council does be would suggest it means the majority present. Hafferman disagreed, noting the law is not ambiguous and clearly states the majority of the Council, not the majority of the Council present. With a show of hands, Atkinson, Hafferman, Kluesner, and Olson voted in favor of Saverud. With a show of hands and Gabriel voting viva voce, Gabriel, Kenyon, Larson, and Mayor Kennedy voted in favor of Leistiko. Mayor Kennedy called for another vote. With a show of hands and Gabriel voting viva voce, Gabriel, Larson, and Mayor Kennedy voted in favor of Leistiko. With a show of hands, Atkinson, Hafferman, Kenyon, Kluesner, and Olson voted in favor of Saverud. Mayor Kennedy declared Wayne Saverud the new City Council member for Ward 2. D. MAYOR/COUNCIL/CITY MANAGER'S REPORTS No Action) There were no reports. E. ADJOURN The meeting was adjourned at 12:17 p.m. ATTEST - Theresa White City Clerk Approved March 19, 2007 Kalispell City Council Minutes March 8, 2007 Special Meeting Page 2