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1. Council Minutes - Regular Meeting - December 4, 2006A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7: oo P.M., MONDAY, DECEMBER 4, 20069 IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA, MAYOR PAMELA B. KENNEDY PRESIDED, COUNCIL MEMBERS JIM ATKINSON, KARI GABRIEL, BOB HAFFERMAN, BOB HERRON, RANDY KENYON, TIM KLUESNER, DUANE LARSON, AND HANK OLSON WERE PRESENT. Also present: City Manager James Patrick, City Attorney Charles Harball, City Clerk Theresa White, Police Chief Frank Garner, Fire Chief Randy Brodehl, Fire operations Chief Dan Diehl, Finance Director Array Robertson, Parks Director Mike Baker, Planning Director Torn Jentz, Senior Planner Sean Conrad, Airport Manager Fred Leistiko, 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 — November 20, 2006 2. Postpone Award of Bid — Meridian Trail Connector Pocket Park Two bids were received for the Meridian Trail Pocket Park. Prior to awarding the bid, the Montana Department of Transportation must approve the bid and certification form. Staff is requesting the award of the bid be postponed until December 18. 3. Hockaday Museum of Art Lease (moved to Regular Agenda as Item 14) 4. ordinance 1594 -- Advanced Life Support — 2nd Readin This ordinance requires that all emergency ambulance services in the City be certified by the State of Montana as Advanced Life Support Service providers. ordinance 1594 passed on first reading November 20. 5. Firefighter Confirmations Brandon French, Brian Marcum, Ian Miller, Brian Rauch, Christopher Rupp, Joshua Russell, Douglas Schwartz, and Stephannee Sprunger have completed their probationary period with the Kalispell Fire Department and Council confirmation is requested. Atkinson moved approval of the Consent Agenda. The motion was seconded. Kalispell City Council Minutes Dec 4, 2006 Page I Hafferman stated that he is in favor of the Hockaday lease, but he has a few comments he would like to make. Hafferman moved to remove item #3, the Hockaday Lease, from the Consent Agenda and move it to the Main Agenda as item #14. The motion was seconded. There was no discussion. The amendment carried unanimously upon vote. The main motion, as amended, carried unanimously upon roll call vote. C. STUDENT ISSUES Rebecca Croose-Jones and Dorothy, a Hedges student, thanked the City Council for putting in the new stop signs near Hedges School and stated that everyone feels safer now. DI PUBLIC COMMENT Chad Craver, Grover & Co., presented Fire Chief s magazine "Gold Medal Design of Excellence Award" to Brodehl for Fire Station 62. Date Daniels, Conrad Mansion Museum Director, thanked the Council and Fred zavodny for the new sidewalk in front of the mansion. She said the project was well planned and the construction did not interfere with their tours. Daniels also informed the Council that a grant has been secured to upgrade the electrical wiring in the mansion. Wayne Freeman, CTA Architects, stated he represents 93 & Church, LLC and he feels this is a project that warrants Council support because it is a very positive development for the City. Eric Mulcahy, Sands Surveying, said he represents Mark Owens of owl Corporation and the annexation request and zone change is a continuation of West View Estates. He said he will be available to answer questions. Jack Fallon, 629 Shadow Lane, spoke in opposition to Resolution 5166 (Red Lion/West Coast Contract Fulfillment). Fallon said the Equity property has not been developed as it was supposed to be, for retail expansion, and is in default. He accused the Council of unilaterally deciding that the county and school district are no longer entitled to the money the City agreed to give them and he urged Council not to pass the resolution. Travis Brayer, Flathead County Sheriff's office Detective, announced that that alcohol compliance checks have increased from. 40% to 70% and the alcohol enforcement team, which includes law enforcement members from the County and the City, has made over 1,400 arrests for minors in possession of alcohol this year. Kalispell City Council Minutes Dec 4, 2006 Page 2 E. PUBLIC HEARING -- BUDGET AMENDMENT — CITY HALL REMODELING PROJECT Mayor Kennedy opened the public hearing. Proponents None Opponents None Mayor Kennedy closed the public hearing. F, PUBLIC HEARING- — SUBDIVISION REGULATIONS Mayor Kennedy opened the public hearing. Provonents None opponents None Mayor Kennedy closed the public hearing. G. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION G/L RESOLUTION 5164 -- BUDGET AMENDMENT -- CITY HALL REMODELING A budget amendment is required to authorize the necessary funding to remodel the Wells Fargo building for the new City Hall. Gabriel moved Resolution 5164, a resolution to amend the annual appropriations of the City of Kalispell, Montana, as set forth in the 2006-2007 budget adopted by the City Council. The motion was seconded. Patrick gave a staff report. Hafferman stated the City Manager has not given the Council any alternatives as directed, so he is going to suggest one. Hafferman said the City should remodel Wells Fargo to meet safety codes and ADA compliance and using removable partitions, move any staff necessary to begin the remodeling for the police department. He said the current City Hall chambers should also be remodeled to meet the safety needs of the Municipal Judge and any needs of the Council. Hafferman added the City should immediately hire an architect to design a City Hall addition on this site by possibly expanding to the alley, building over Third Street, and adding a second floor. He said after City Hall has been Kalispell City Council Minutes Dec 4, 2006 Page 3 expanded, the City should sell the wells Fargo building, concluding that we don't need a budget amendment. Kluesner commented he can't support the budget amendment because it doesn't say how we are going to pay for the renovation. In addition, he said there was not a lot of information available to the public on how we are going to do this and there was supposed to be a work session to discuss the funding and that work session never happened. Patrick responded he doesn't recall promising a work session. He said the Board of Investments just contacted the City this afternoon stating the board would recommend a loan if that is the route the Council would like to go. Patrick said the budget amendment is to simply allow the award of the contract and then different funding options can be discussed. Olson questioned whether the funding should be tied to the resolution and suggested that if other members are uncomfortable maybe the matter should be tabled. Gabriel commented she is comfortable passing the amendment in order to award the contract, but agreed that funding sources need to be discussed at a work session. Atkinson stated the budget process requires that the funds need to be appropriated, which is totally separate from how to pay for it. He said he personally feels we should be borrowing the money from ourselves and use the money from the sale of the Armory, but that fight will come later. He encouraged the Council to vote for this and then go to the next step. The motion carried upon roll call vote with Atkinson, Gabriel, Kenyon, Larson, Olson, and Mayor Kennedy voting in favor, and Hafferman, Herron, and Kluesner voting against. G/2. AWARD OR UJECT BID —CITY HALL REMODELING PROTECT (Postponed on November 20) Five bids were received for the wells Fargo/New City Hall remodeling Project. Oswood Construction of Great Falls was the low bidder at $1,294,300.00 including Alternates #1 and #2. Gabriel moved Council award the City Hall Remodeling Project to Oswood Construction of Great Falls in the amount of $1,294,300. The motion was seconded. Patrick gave a staff report and answered questions. Atkinson stated he has a problem awarding the bid if we don't know how we are going to pay for it. Patrick responded the City currently has $800,000 available for the project. He said the rest of the money, if necessary, could be borrowed from the Board of Investments and a work session can be scheduled to discuss that. Kalispell City Council Minutes Page 4 Olson commented we need to move ahead now, as long as staff understands we need to discuss financing. Kluesner stated he cannot support awarding the bid at this time. He said there is no detailed outline of the bids, no architectural drawings, and no floor plans. Kluesner said we don't know what we're buying and we need to take a step back and build something that takes care of future needs. Mayor Kennedy answered the Council has seen floor plans and the architects have listened to comments and made modifications. She said it is not the Council's job to manage the project, adding she hopes the bid will be awarded because the contractors responded in good faith and to not award the bid would do them a disservice. Mayor Kennedy concluded that the number is very good and we need to get started on this. There was discussion about leaving the Council chambers where it is, whether the current building can sustain a second floor, and other possible alternatives. Olson stated we have studied this to death. He said it's time to move on and give the police department some space to work and then we can look to the future. Larson also agreed it's time to move on, commenting that bringing wells Fargo up to code would be a great expense for a temporary arrangement. He said he will support awarding the bid because even though Hafferrnan may have some good ideas, it would take several years before any of them could be implemented Kluesner reiterated he hasn't seen architectural drawings showing what the building will look like inside, adding the Council has received better drawings of subdivision plats. Mayor Kennedy asked that Kluesner be provided with a copy of the blue prints and architectural drawings. The motion carried upon vote with Atkinson, Gabriel, Kenyon, Larson, Olson, and Mayor Kennedy voting in favor, and Hafferman, Herron, and Kluesner voting against. G13. ORDINANCE 1595 — SUBDIVISION REGULATIONS —1ST READING The City of Kalispell has requested amendments to the Kalispell Subdivision Regulations to address legislative changes in the subdivision and platting act for review and processing of subdivision applications. In addition, several definitions will be added and Appendix B will be revised with regard to the information needed in an environmental assessment. Larson moved first reading of ordinance 1595, an ordinance amending the City of Kalispell Subdivision Regulations codified at Chapter28 of the Kalispell Municipal Code, declaring an effective date, and authorizing the City Attorney to codify the same. The motion was seconded. Jentz gave a staff report. Kalispell City Council Minutes Dec 4, 2006 Page 5 Hafferman stated he has no objection to the administrative portion of the regulations, but he's totally opposed to the environment assessment rewrite. Hafferman moved that the environmental assessment provisions be deleted and presented separately at a later date. There was no second. The motion carried upon roll call vote with Atkinson, Gabriel, Herron, Kenyon, Kluesner, Larson, Olson, and Mayor Kennedy voting in favor, and Hafferman voting against. G/4. ACCEPT OR RUECT DONATION — BRUYER GRANARY The Schulze and Naumann families have offered to donate to the City the Bruyer Granary which was built in 1909 and is located at 1355 whitefish Stage Road. In addition to the building, a trust fund of $25,000 would be established for ongoing maintenance. Larson moved that Council accept the donation of the property, granary and trust fund from the Schulze family, and direct staff to prepare the necessary transfer documents and prepare a park layout plan. The motion was seconded. Patrick gave a staff report and answered questions. Olson said he's in favor of accepting the property, but the City need to acquire more property for parking. Hafferman commented this could be a gift, but it also could be a liability unless more thought is given to planning the operation. He said he will abstain because of the lack of information. The motion carried upon vote with Atkinson, Gabriel, Ferran, Kenyon, Kluesner, Larson, Olson, and Mayor Kennedy voting in favor, and Hafferman abstaining. G/5. RESOLUTION 5166 —RED LION/WEST COAST CONTRACT FULFILLMENT This resolution determines that the 1997 Development Agreement with west Coast Hospitality Group has been satisfied as intended. Atkinson moved Resolution 5166, a resolution to determine that the obligations of west Coast Hospitality Group, successors in interest to Barbieri Investment Company, Inc, and the Kalispell Center Limited Partnership under the terms of its Development Agreement with the City of Kalispell dated the 21st day of July, 1997 have been fulfilled. The motion was seconded. Atkinson stated he was on the Council in 1997 when the agreement was signed and Fallon is correct in saying the Equity property has not been developed, however, there have been a lot of changes in the past nine years. He said the present owners have put over six million dollars into the West Coast hotel, and even though it isn't on the Equity site, he feels the contract has been met and he encouraged Council to vote for this with good conscience. Kalispell City Council Minutes Dec 4, 2006 Page 6 Harball gave a staff report, explained why the agreement should be considered satisfied, and answered questions. Herron stated there is another option, the developer can continue to pay the note because it's time the City quits giving these people a break. He said the Barbieri's have continually not fulfilled what they've said they're going to do and Fallon has a valid point. Hafferman stated the owners were in default, and the agreement was no longer applicable, after 2001. He said the mall developers recognized they were in default and were making payments on the loan, however, in the spirit of the original development agreement he would be in favor of forgiving whatever cash balance remains on certain conditions: if the assessed valuation of the recent expansion is at least six million dollars, and if we receive letters from the County and School District 5 agreeing with the decision. Hafferman said without those he can not support this Kluesner stated debt is debt, intent is intent, and intent doesn't pay back debt. He said when Red Lion bought West Coast they bought their debt. Olson moved to table this matter until the first meeting in January. The motion was seconded. The motion to table failed upon vote with Hafferman, Kenyon, Kluesner, and Olson voting in favor, and Atkinson, Gabriel, Herron, Larson, and Mayor Kennedy voting against. There was no further discussion. The main motion carried upon roll call vote with Atkinson, Gabriel, Kenyon, Larson, and Mayor Kennedy voting in favor, Hafferman, Herron, and Kluesner voting against, and Olson abstaining. 016. PRESENTATION — ANNEXATION AND INITIAL ZONING — OWL CORPORATION Planning staff will present, and Council will discuss, a request by owl Corporation for annexation and initial zoning of property along Stillwater Road. Conrad gave a staff report and answered questions. G/7. RESOLUTION 5167 — ANNEXATION — OWL CORPORATION This annexation request encompasses approximately 58.5 acres located immediately north of the West View Subdivision. Kenyon moved Resolution 5167, 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 the north half of Assessor's Tract 5, located in Section 25, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana, to be known as owl Addition Kalispell City Council Minutes Dec 4, 2006 Page 7 No. 356; to zone said property in accordance with the Kalispell zoning Ordinance, and to declare an effective date. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote. GIS. ORDINANCE 1596 — INITIAL ZONING — OWL CORPORATION --1ST READING Owl Corporation is requesting a zoning designation of R-3, Urban Single Family Residential, on the above mentioned property. Atkinson moved first reading of Ordinance 1596, an ordinance to amend Section 27.02.010, official zoning map, City of Kalispell zoning Ordinance, (Ordinance No. 1460), by zoning certain real property described as the north half of Assessor's Tract 5, located in Section 25, Township 29 North, Range 22 west, P.M.M., Flathead County, Montana (previously zoned County AG-80, Agricultural) to City R.-3 (Urban Single Family Residential), in accordance with the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded. Conrad answered questions. The motion carried unanimously upon roll call vote. G/9. _PRESENTATION — ANNEXATION, INITIAL ZONING. AND PRELIMINARY PLAT — 93 &CHURCH, LLC (SILVERBROOK ESTATESI Planning staff will present, and Council will discuss, a request by 93 & Church, LLC for annexation, initial zoning, and preliminary plat for property along Highway 93 North. Conrad gave a staff report and answered questions. Hafferman commented it's different when the City annexes property that is contiguous, but this is a request to annex an island two and a half miles north of Reserve Drive. He said this appears to be a quality development, but if it's annexed tonight, the existing taxpayers will have to subsidize Silverbrook Estates until sufficient structures are built to pay for the City service provided. Hafferman said he has been opposed to annexation districts in the past, but with this proposal it makes sense. There was discussion regarding annexation districts, impact fees, and public parking near the trails. Gabriel noted the developers are willing to run sewer and water to this development at a cost of approximately four million dollars. She said this area will fill in quickly and she doesn't feel an annexation district is an appropriate Conversation right now. Gabriel stated the developers have done an excellent job and they have given everything we've asked for. Kalispell City Council Minutes Dec 4, 2006 Page 8 Olson said he doesn't have a problem With the development, but he is concerned that it's not contiguous to the City. He said he will vote with the majority of the Council, but he wants everyone to understand that if something goes wrong his obligation is with the current taxpayers. Herron pointed out that long before any houses are built, it will still have taxable value. Larson agreed, stating he can't believe the developers would make the size of investment they are making if they thought there was any danger at all that it wouldn't be built out. Hafferman remarked you don't get much tax money from raw land, you get value from the buildings. G/10, RESOLUTION 5168 — ANNEXATION -- 93 & CHURCH LLC SILVERBR.00K ESTATES This annexation request includes approximately 325 acres located 2.2 miles north of West Reserve Drive. Herron moved Resolution 5168, 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 Tracts 1, 2 and 3AA within the Northeast Quarter of Section 13, Township 29 North, Range 22 West, P,M.M., Flathead County, Montana, to be known as Silverbrook Addition No. 357; to zone said property in accordance with the Kalispell zoning Ordinance, and to declare an effective date. The motion was seconded. There was no discussion. The motion carried upon roll call vote with Atkinson, Gabriel, Herron, Kenyon, Kluesner, Larson, Olson, and Mayor Kennedy voting in favor, and Hafferman voting against. G/11. ORDINANCE 1597 —INITIAL ZONING — 93 &CHURCH, LLC —1ST READING (SILVERBROOK ESTATES) 93 &. Church, LLC is requesting zoning designations of R-2 Single Family Residential, R--4 Two Family Residential, and B-1 Neighborhood Buffer District, along with a Planned Unit Development overlay. Gabriel moved first reading of Ordinance 1597, 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 Tracts 1, 2 and 3AA within the Northeast Quarter of Section 13, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana (previously zoned County AG-40, Agricultural) to City R-2 (Single Family Residential), City R-4 (Two Family Residential) and City B-1(Neighborhood Buffer District), with a Planned Unit Development overlay in accordance with the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded. Kalispell City Council Minutes Dec 4, 2006 Page 9 Hafferman stated that even though he voted against the annexation, he feels the zoning is correct. The motion carried unanimously upon roll call vote. G012. RESOLUTION 5169 -- PRELIMINARY PLAT — 93 & CHURCH,...LLC SILVERBROOK ESTATES 93 & Church, LLC is also requesting preliminary plat approval to create Silverbrook Estates Subdivision, Phase 1, with 249 residential lots. Atkinson moved Resolution 5169, a resolution conditionally approving the preliminary plat of Silverbrook Estates Subdivision Phase 1, more particularly described as Tracts 1, Z and 3AA within the Northeast Quarter of Section 13, Township 29 North, Range 22 west, P.M.M., Flathead County, Montana. The motion was seconded. There was discussion regarding the riparian setbacks and the fire station site. The motion carried unanimously upon roll call vote. G/13. REQUEST TO PURCHASE ENCROACHMENT EASEMENT — DR DANIEL ABBOTT (Tabled November 20) Dr. Abbott is requesting to purchase an encroachment easement from the City on Buffalo Hills Golf Course. Herron moved to remove the motion from the table. The motion was seconded. (The motion made on November 20 is as follows: Herron moved Council grant the right to purchase an encroachment easement for Dr. Abbott subject to a sales price of two times the appraised value or a minimum of $10,000.) The motion to remove carried upon vote with Gabriel, Hafferman, Herron, Kenyon, Kluesner, Larson, Olson, and Mayor Kennedy voting in favor, and Atkinson voting against. Herron moved to amend the motion to include the following; conditions: 1) the granting of the easement (as provided by Dr. Abbott's attorney Bill Astle) would not take place until a building permit is issued and the building codes are met, at which time Dr. Abbot would pay the purchase price and the City would then formally grant the easement; 2) the easement would be an air -only easement; 3) and the fence is to be placed back without any gates at Dr. Abbott's expense. The motion was seconded. Gabriel asked for clarification on whether the issue would be corning back before the Council prior to Abbot receiving the easement. Mayor Kennedy explained that if all of the conditions in Herron's amendment are met, then the easement would be automatically granted. Kalispell City Council Minutes Dec 4, 2006 Wage 10 Gabriel stated if that's the case, she cannot support the motion. Larson asked if it is customary for the other party's attorney to write the easement. Harball responded he wasn't inclined to write the easement because he's not in favor of it. He said Astle was given the option to present an easement to the Council for their consideration. Atkinson said Dr. Abbott had every opportunity to "do this right and he chose not to do so", and now he's asking for forgiveness as opposed to permission. He said he doesn't want the Council to set a precedent and invite others to do business this way. Gabriel and Larson agreed, but added they are going to support the amendment because if the original motion passes without the conditions, it will be worse. The amendment carried upon vote with Gabriel, Hafferman, Herron, IKluesner, Larson, Olson, and Mayor Kennedy voting in favor, and Atkinson and Kenyon voting against. Kenyon moved to amend the motion to state that any funds paid to the City by Dr. Abbott be directed to the Kalispell Golf Association to cover its legal expenses. The motion was seconded. Gabriel questioned if Kenyon's intent is to give the KGA the entire $10,000.00. Kenyon said just enough to cover the legal expenses. Herron commented if the money should go anywhere, it should go into the Parks budget. He said he supports the golf course, but the City has a lot of needs in its parks. Larson disagreed, stating he feels the City is bargaining away something that the golf course owns. Olson said he doesn't feel the golf course is being hurt. He said we're taping about air, not ground space. Mayor Kennedy said she is also having a difficult time with this amendment, questioning whether it will open up the City to a lawsuit that the City has to pay for. Mayor Kennedy asked if the motion is specifically for legal expenses incurred to date. Kenyon said that is the intent. The second concurred. The amendment failed upon vote with Atkinson, Kenyon, and Larson voting in favor, and Gabriel, Hafferman, Herron, Kluesner, Olson, and Mayor Kennedy voting against. Gabriel moved to amend the motion to state that once all conditions are met, the granting of the easement is subject to Council's review. The motion was seconded. Kalispell City Council Minutes Dee 4, 20-06 Page I I Atkinson questioned why the Council would not grant the easement if all of the conditions are met. Gabriel explained that nothing with this particular issue that has gone the way it is supposed to. She said she is uncomfortable with making a blanket acceptance assuming those conditions have been met without seeing it first hand. Atkinson said the amendment would take the responsibility of enforcing the codes away from the staff, which may be appropriate in this case. Herron commented this is micro -management. He questioned what would happen if Dr. Abbott complies Frith everything and the Council doesn't grant the easement. Herron stated that's job security for the attorney. Atkinson remarked if the Council wasn't micro -managing the policies that are in place, this wouldn't be happening at all. He said the policies are that you do not encroach upon fight -of -ways and you do not build without a building permit. Atkinson said the Council is "making up rules as we go". Herron stated the Council did not seek this problem; it was brought forth by a constituent asking for a resolution and the Council is now looking for a common sense answer. The amendment carried upon vote with Atkinson, Gabriel, Kenyon, Larson, and Mayor Kennedy voting in favor, and Hafferman, Herron, Kluesner, and Olson voting against. Kenyon commented he is still concerned that this will set a precedent for other property owners on the golf course. Kenyon moved to amend the motion by adding that any future encroachments or easements onto the golf course be approved by the Kalispell Golf Association. The motion was seconded. Mayor Kennedy said that issue would be more appropriate at a work session with a discussion of the KGA's lease. The amendment failed upon vote with Atkinson and Kenyon voting in favor, and Gabriel, Hafferman, Herron, Kluesner, Larson, Olson, and Mayor Kennedy voting against. At the request of Atkinson, Jentz outlined the history of the property and how the building department became aware of the infraction. Atkinson stated he regards Dr. Abbott's actions as willful disregard of our policies and zoning regulations and he encouraged the Council not to set the precedent they're about to set. Herron remarked the amendment could create quadruple the problems we have now if Dr. Abbott takes care of everything and the Council arbitrarily denies the easement, adding "this is total nonsense". Kalispell City Council Minutes Dec 4, 2006 Page 12 Gabriel said her intent is not to have Dr. Abbott complete his construction; her intent is to know whether the building as it stands now meets the codes and to require him to fix the fence that he took down. Olson argued the building inspector will issue the building permit and tell Dr. Abbott what needs to be fixed. He said once it's fixed then the building inspector will sign off on it; that's the way it works. Olson said it's not right if he follows all the rules and then the Council rejects it. Mayor Kennedy noted that Gabriel is simply trying to get the City's inspectors access to the property to check out the building and report back to the Council. She said at that time the Council can take a final vote on whether to sell the easement with the attached conditions. Atkinson said we know the building doesn't meet code because the garage is built on a monolithic slab. He said that's not unusual for a free standing garage, but not for a connection with a house. There was discussion as to what the motion on the floor actually states and Gabriel reiterated the intent of her amendment was not to muddy the waters, it was simply to get the building inspections done and to get the fence put back up. She said then the issue can come back to Council. White suggested the Council back up, reconsider Gabriel's amendment and withdraw it, vote on the main motion as amended once by Herron, then move forward with a new motion. Gabriel moved to rescind her amendment. The motion was seconded. The motion to rescind the amendment carried upon vote with Gabriel, Hafferman, Herron, Kluesner, Larson, Olson, and Mayor Kennedy voting in favor, and Atkinson and Kenyon voting against. The main motion with one amendment failed upon vote with Atkinson, Gabriel, Kenyon, Larson, and Mayor Kennedy voting in favor, and Hafferman, Herron, Kluesner, and Olson voting against. Gabriel moved that City staff be authorized to inspect Dr. Abbott's property and make a report back to the Council, and Dr. Abbott be directed to reinstall the fence or past a bond to insure the reinstallation of the fence when weather permits. The motion was seconded. The motion carried upon vote with Atkinson, Gabriel, Kenyon, Larson, and Mayor Kennedy voting in favor, and Hafferman, Herron, Kluesner, and Olson voting against. G/14. HUCKADAY MUSEUM OF ART LEASE (moved from Consent Agenda) The Hockaday is requesting a long term lease with the City in order to initiate a capital campaign to expand the existing facility. The new lease would be for a term. for 30 years. Kalispell City Council Minutes Dec 4, 2006 Page 13 Kenyon moved the Hockaday Museum of Art be granted a 30 year lease. The motion was seconded. Patrick gave a staff report and answered questions. Hafferman stated it is important that the public get behind this because there will have to be a major fundraiser. He said he was bothered, however, that a development agreement for the purchase of the adjacent property is not being presented with the lease. Patrick responded the direction of the Council at the work session was to deal with both issues separately. The motion carried unanimously upon vote. H. MAYS C UNGIL CITY MANAGER'S REPORTS o Action Patrick invited Council to a Legislative Luncheon on Tuesday, December 19 starting at 11:30 a.m. at the Central School Museum. I. ADJOURN The meeting was adjourned at 11:05 p.m. ATTEST: Theresa white City Clerk Pamela B. Kennedy Mayor Kalispell City Council Minutes Dec 4, 2006 Page 14