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2. Council Minutes - Special Meeting - March 8, 2007A SPECIAL MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 12:00 P.M., THURSDAY, MARCH S, 20079 IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. 'MAYOR PAMELA B. KENNEDY PRESIDER. COUNCIL MEMBERS JIM ATKINSON, BOB HAFFERMAN, RANDY KENYON, TINT KLUESNER, HANK OLSON, AND DUANE LARSON WERE PRESENT, COUNCIL MEMBER. KAKI GABR.IEL WAS PRESENT VIA TELEPHONE. Also present: City Manager James Patrick, City Attorney Charles Plarball, City Clerk Theresa white, and Recording Secretary Judi Funk. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. A. AGENDA APPRO VAL 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/L 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 S, 2007 Special Meeting Page I 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 he 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. MAYO COUNCIL CITY MANAGER'S REPORTS o Action There were no reports. E. ADJOURN The meeting was adjourned at 12:17 p.m. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor Kalispell City Council Minutes March 8, 2007 special Meeting Page 2