RE: Eckels request (3)Steve:
The assurances that you provided at the Council meeting were received by the members of the City Council. The Mayor, being one councilperson of nine, does not have the authority to
act on behalf of the Council or the City without the input or approval of the rest of the Council. If the Council directed the City Manager to bring the matter (the assurances you
wish the City to make) forward, they would be presented to Council for discussion in the form of a resolution to be acted upon by the Council. Because there is much public discussion
yet to take place, the Council is not likely to make this request of the City Manager until that process is complete.
That being said, I will tell you that, in my role as City Attorney, I could not recommend to Council that they sign off on some of the assurances. You are essentially asking the City
to accept strict liability for all airport activity. This would not be a prudent or reasonable position for the City to take and would not be approved by the City's insurance carriers.
This would leave the City and its taxpayers to either assume an uninsured risk or, perhaps, more to your purpose, to close the airport.
We do appreciate your input into this ongoing process and hope that you will continue to let us know your thoughts.
Charlie Harball
City Attorney
-----Original Message-----
From: Theresa White
Sent: Thursday, November 12, 2009 8:25 AM
To: Hank Olson (maryolson2001@yahoo.com); Jim Atkinson (jatkinson@flathead.mt.gov); Kari Gabriel; Kari Gabriel (gabrielk@sd5.k12.mt.us); larsonbd@centurytel.net; Pam Kennedy (pjbk@centurytel.net);
Pam Kennedy (pkennedy@kalispell.com); pam@kowboy.com; Randy Kenyon (randyk@centurytel.net); robertt@montana.com; Tim Kluesner (twkluesner@centurytel.net); Wayne Saverud; Wayne Saverud
Cc: Jane Howington; charball@kalispell.com; Fred Leistiko
Subject: FW: Eckels request
-----Original Message-----
From: Steve Eckels [mailto:eckels@guitarmusicman.com]
Sent: Wednesday, November 11, 2009 8:12 PM
To: citycouncil@kalispell.com
Subject: Eckels request
Hi Pam
Attached are the six citizen assurances for you to look over and sign. If you cannot sign them, simply send me an email to that effect. I have also sent a copy to Charlie, Jane and
Brian.
By the way - thank you for your service on the council. I can hardly imagine a more difficult job. I have appreciated all you have done.
Sincerely,
Steve