E/7. Motion to Ratify Council DecisionTO:
FROM:
City of Kalispell
Post Otnce Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406)758-7700 Fax(406)758-7758
Mayor Bill Boharski and Kalispell City Council
Charles Harball, Acting City Attorney
Chris Kukulski, City Manager
SUBJECT: Ratification of the Petition for Declaratory
Judgment from District Court on Action by the
Board of Commissioners for Flathead County
Unilaterally Amending the Existing City -County
Master Plan.
MEETING DATE: December 3rd, 2001
BACKGROUND: The office of City Attorney, after providing legal
advice to the City Council in executive session, received the
guidance from the Council that it was authorized to file a
Petition in District Court seeking a Declaratory Judgment to
determine the effect of the action taken by the Flathead County
Commissioners to unilaterally amend the City -County Master Plan.
Such action has been taken and the County has provided a
response. One affirmative defense raised by the County is the
fact that the matter may have been discussed and determined in
closed session in violation of the public hearing statutes MCA §
2-3-203(4). Although the only determination made at the session
was that the City Attorney's Office was authorized to file the
action - with or without the Council's approval - it would be
prudent to now consider ratifying such action in open session.
RECOMMENDATION: The council should consider the matter in open
session and determine, by motion, whether to ratify such legal
action on the part of the Office of City Attorney.
FISCAL EFFECTS: The fiscal effects of such action are
minimal.
Respectfully submitted,
Char Harball, Acting City Atty
V:IACAttorney\Memos,11-01 memos�DecActMemawpd
C� A.
Chris Kukulski, City Manager