Kalispell City Council is expected to receive legal advice Monday on how best to move forward following a district court decision earlier this month annulling the elections of two of its members.

Given that nearly 8% of the city’s voters, some 1,413 persons, received incorrect ballots during the November municipal election, Flathead County District Court Judge Robert Allison on Feb. 16 ordered elections run again for wards one and two. 

Allison’s order allowed the winners in wards three and four to remain in place because too few erroneous ballots were distributed to affect the outcome of those elections.

Councilors Kari Gabriel and Sam Nunnally of wards one and two, respectively, voluntarily sidelined themselves ahead of Council’s Feb. 20 work session, the first in the wake of the long-awaited decision, until the path ahead is determined. 

“That was a record time for me to be asked a legal question, in the middle of roll call,” City Manager Doug Russell joked at the time.  

If the court decision vacated the two seats, participation by Gabriel and Nunnally could put Council votes in jeopardy, he said. 

“We are still trying to get clarification if the court decision creates a vacancy or not,” Russell said Wednesday, adding that if it does, the city will determine what actions comply with state law. It could result in Council voting to appoint two members until the next election. 

The error came about after the Flathead County Election Office, which administered the Nov. 7 municipal election, used outdated ward maps to distribute ballots.

Council meets at City Hall, 201 First Ave. E., at 7 p.m. For more information on how to attend or participate, including remotely, visit: https://www.kalispell.com/agendacenter.

COUNCIL ALSO is expected to direct city staff on the solid waste master plan presented in draft form at its Jan. 22 work session. The document detailed services, costs and the increasing shortfalls accompanying city growth in recent years. 

Much of the data in the presentation was compiled by a consultant working with city staff, Scott Pasternak of Burns & McDonnell. Pasternak told Council last month that the city’s disposal crews were barely able to handle the workload.  

“We’re currently at a point where we need to add additional personnel and equipment to continue service in residential areas, so we need to get direction on that from Council,” Public Works Director Susie Turner said at the January work session.

Decisions will be informed by a resident survey that asked about satisfaction with city services. It also gauged participants’ support of hypothetical future programs. 

Options include a Pay As You Throw pricing model, a citywide recycling program, a transition to front-loading disposal trucks and the rescheduling periodic cleanup services. 

The draft is expected to be finalized this year or the next and will guide trash services in the city for the next decade.

Reporter Carl Foster can be reached at 758-4407 or cfoster@dailyinterlake.com.