Kalispell considers entering fray over planning lawsuit

Kalispell City Council on Tuesday pondered whether to join an already ongoing lawsuit regarding the Montana Land Use Planning Act. 

The act, created by Senate Bill 382, directs cities to streamline planning and zoning processes while focusing public participation during the creation of land-use plans rather than specific projects.

Mayor Mark Johnson brought up the idea during general comments at the end of the meeting seeking input from council members. 

“My biggest issue is when you take away my voice, or my neighbor's voice, for a period of five years then I have a serious problem,” Johnson said referring to HB 382’s public participation plan, wherein citizens are given a period to comment on the city’s growth plan, and then the process of planning and development becomes administrative with no further public hearings.

“We’ve seen some things adjusted in development in Kalispell that made them a better fit through that public comment process,” Johnson said.

Councilor Ryan Hunter opposed intervening, arguing that while the law had problems, fighting it rather than fixing it would create more. 

“I see this legislation motivated as by not-in-my-back-yard sentiments, which I am very much opposed to,” he said. “That is what led to the legislation.”

Johnson acknowledged Hunter’s stance but maintained his opposition as being rooted in the people’s right to participate by comment throughout multiple stages of the development process.

SB 382 was part of a group of bills passed by the Montana Legislature that reform the state’s land-use regulations aiming to fix the state’s housing crisis. It front-loads public participation in the planning process rather than for specific projects that would be approved by city staff if they meet the land-use plan rather than be part of a public hearing and vote. 

The rule is being challenged in court as unconstitutional. A Gallatin County District Court Judge earlier this month blocked two of the laws passed, but for now, left the Montana Land Use Planning Act in place. A final decision in the case is still pending. 

Johnson was critical of the Legislature and also the Montana League of Cities and Towns for supporting the bills. 

“I’m still appalled that our state Legislature passed these bills that stripped away the voice of the public with anything that might happen with zoning, within their subdivision, within their neighborhoods,” he said. 

Several Councilors said they would like more information before deciding whether to participate in the lawsuit and seemed to favor only doing so if it’s appealed. 

City Attorney Johnna Preble said the city would have several options to join the lawsuit while noting that it’s highly likely the case will before to the Montana Supreme Court.

DURING THE meeting, Council also voted to amend the expenditure limits within the Westside Urban Renewal – Core Area Tax Increment Financing Assistance and Downtown Kalispell Tax Increment Financing Assistance Programs, last updated in 2019.

The plan includes adjusting the spending limits for tree and sidewalk placement, historic facade repair, rehabilitation, site demolition, and other services to reflect the current market more appropriately.

“It’s pretty straightforward,” Development Services Director Jarod Nygren. “It doesn’t change any funding, but just the level of funding possible.” 

He noted that many services have at least doubled in cost.

 As an example, Nygren said with the price of services and labor rising across the board, “it wouldn’t entice anyone” to use a tree placement program with the $5,000 limit set when the Downtown Plan was developed in 2017. The amendment bumps the new limit for trees to $10,000.

The resolution passed unanimously, without comment from Council. 

Also, Council set a public hearing on Monday, Feb. 5 on the spending of funds allotted by the State-Local Infrastructure Partnership Act of 2023, also known as House Bill 355. The meeting time is 7 p.m. 

The funds, totaling $313,674, are allocated for use on the maintenance or repair of infrastructure, which can range anywhere from landfills, parks, and public buildings, to the city’s water system and airports. A 25% cash match is required from the city. 

Public comment will be used to help Council identify eligible projects. City staff will then establish a priority list with Council for the projects and submit all applications to the Department of Commerce by March 31.

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