'Typo' delays donut vote

A “typo” that city councilor Bill Kahle characterized as an “oversight” delayed adoption of a new city-county agreement governing how the city’s two-mile planning and zoning “doughnut” area would function.

At least four members of the Whitefish City Council appeared ready to approve the draft agreement on Monday, Oct. 4, but agreed to wait rather than amend the draft.

The draft interlocal agreement is intended to address concerns by doughnut residents about city regulation in the area without representation and to end the city’s lawsuit against the county for unilaterally rescinding the 2005 agreement that is still in effect.

An error in the draft’s section about increased county review of new legislation, however, said it applied to ordinances enacted since Feb. 1, 2005. The city-county doughnut negotiating committee had intended that section to cover ordinances created after the new interlocal agreement is signed.

Forty-seven people addressed the council in the packed council chambers. Thirty-three opposed adoption of the draft agreement and 14 spoke in favor.

Critics of the draft noted that other questions remain, including how the cost of county review would be estimated, and city attorney Mary VanBuskirk said the new agreement goes “beyond statutory authority.”

The Flathead County Commissioners approved the draft agreement — with the “typo” — by 3-0 on Monday morning. Eight people addressed the commissioners about the draft.

The councilors discussed meeting with the commissioners prior to their Oct. 18 meeting, when the matter will be taken up again. A hearing will be scheduled for more public comment.