City OK’s Benches subdivision final plat, amidst objections

Representatives from Citizens for a Better Flathead and the Upper Flathead Neighborhood Association asked city council Monday night to delay approving the final plat of the Benches subdivision east of Columbia Falls.

But the council, by an unanimous vote, approved the final plat. Citizens and the neighborhood association are suing the Montana Department of Environmental Quality claiming the DEQ did not adequately assess the impacts of the septic systems of the 48-home subdivision on the Flathead River and neighboring aquifer.

Moreover, the DEQ violated the state constitution when it allegedly cut off public comment on its decision, the suit claims.

The two groups asked council to delay approving the final plat until the lawsuit was settled. They also suggested to council that the density of the subdivision be reduced.

But city planner Eric Mulcahy noted the developer and met all 29 conditions set forth when the preliminary plat was approved several months ago.

Moreover, city attorney Justin Breck said, if the groups wanted to delay the subdivision, they should have asked the court for a restraining order, which would have stopped the development until the suit was settled. It also would have given the city legal cover to delay the final plat.

Mayre Flowers of Citizens for a Better Flathead conceded the groups did not ask for an order.

Breck also noted that it wasn’t the city’s purview to question the DEQ’s expertise in approving the sewer and water permits.

Mulcahy noted that while it might seem easy to delay approving the final plat, the developers already had all the infrastructure in, including the streets and well water system. They likely have significant expenses and if the city were to stop the project, they could could come back after the city to recuperate those expenses.

Opponents of the subdivision packed council chambers, but only two spoke, Flowers and Shirley Folkwein of the Neighborhood Association, as there was confusion on whether the subject of the final plat was open as a public hearing or simply to ask questions.

It turned out, it was only open to questions.

Flowers went on with her statements without asking questions, which eventually brought the ire of Breck, who noted it wasn’t a public hearing.

Folkwein, posed her statements as questions, and asked perhaps the important one. What happens to the homeowner who bought a home there if the groups prevail in their lawsuit and the septic systems are deemed inadequate?

That remedy, if it comes to that, would be up to the judge hearing the case, Breck noted.