Council reacts to criticism

The Whitefish City Council's eight-page response to criticism about the proposed critical areas ordinance should hit Whitefish mailboxes next week.

The city expected to mail 7,766 copies of the council's response Friday to every household with a Whitefish ZIP code.

City Council members felt compelled to respond to a brochure circulated in mid-September by Sensible Land Use, a citizens group that has sharply criticized pending city legislation that aims to protect drainage-challenged land. The council maintains the Sensible Land Use flyer "is so full of half-truths, errors and distortions that we on the City Council feel we must respond."

The council also takes issue with a statement made in a letter to the editor by Sensible Land Use representative Tim Grattan in which Grattan objected to the city using taxpayer money to respond to the group.

"It is a vain effort on his [Grattan's] part to stifle public discussion of an important step our community is taking to protect our water," the city flyer states.

The response methodically addresses the group's criticism issue by issue, beginning with the Sensible Land Use contention that the proposed ordinance is a "heavy-handed property grab" and that buffers and setbacks will greatly affect how much of a person's property can be used.

The council said the group "greatly overstates" the size of the buffers.

"If a buffer and setback greatly reduce a homeowner's use of their property, the new law allows for an engineered solution so that an efficient compromise allows the owner reasonable use of their property," the council said.

It maintains the proposed law is clear about how it affects any piece of property and is written to ensure all lots remain buildable.

"The rules are not arbitrary but are based on the science," the flyer states. "If a piece of land presents problems, a scientific analysis will determine what sort of construction will solve the problem."

The council defends the complexity of the critical areas ordinance, pointing out that after developers complained that the previous law to protect water quality took too much land out of development, the council agreed on legislation that would judge each property separately on a scientific basis.

"Now some of these same developers are complaining that a person has to be a scientist to understand the law," the council said.

The council also reaffirmed its goal of creating a law to protect and preserve water quality while also honoring and preserving private property rights.

The Whitefish City-County Planning Board will hold its final work session on the critical areas ordinance at 7 p.m. Oct. 11 at Whitefish City Hall and will complete a public hearing on the issue at 6 p.m. Oct. 18.

The City Council is scheduled to consider the ordinance on Nov. 5.

Features editor Lynnette Hintze may be reached at 758-4421 or by e-mail at lhintze@dailyinterlake.com