Candidate says there's too many city regulations

Whitefish City Council candidate Phil Mitchell doesn't like the direction the city is headed, and he blames the current council.

"We have a neat town," he said. "Poor people and rich people. But if we keep on regulating like we are, it will end up a home for rich people only."

Mitchell moved to Whitefish 31 years ago. He worked in golf course development over the years. He now owns and operates about a dozen rental properties.

But he's not entirely retired. Mitchell is the volunteer manager for the Rollie Smith Sports Park, and he's served on the boards of the Whitefish Lake Golf Association and the Whitefish School District.

As a volunteer, he oversaw construction of the new Christ Lutheran Church, and he's a founding member and helps maintain the Cross Currents Christian School.

Mitchell was on the school board when the Whitefish Middle School bids were approved and the new school was built.

"I was also there when two high school bonds were defeated, as they should have," he said. "We need a reasonable plan. I'm 100 percent behind a new high school, but it needs to be one the taxpayers can afford."

Mitchell said he decided to run because "the current city council is the most un-listening council I've seen in 30 years."

"We need a council that will listen to the people, not do whatever they want," he said.

The decision to go ahead with a streetscaping project downtown is a good example of that, Mitchell said. He cited petitions showing that the overwhelming majority of both downtown merchants and residents across town opposed parts of the plan.

"If I was on the council and I saw those petitions and the large numbers, I would have to rethink the issue," he said. "I'm not a control freak."

Mitchell said he was "horrified" by the size of the bulbouts currently under construction at Third Street and Central Avenue ("I don't know how two cars can pass," he said.), but he's willing to leave the bulbouts and raised pedestrian crosswalks alone so long as the sidewalks are not widened.

"The new sidewalks on Third Street will be 11 1/2 feet wide, but the driving lanes will only be 10 feet wide," he said. "That's backwards."

Mitchell is also concerned with the number of lawsuits the city is involved in. The city could end up paying half a million dollars for the Walton steep-slopes case, he said, and it's losing face in the Mrs. Spoonover's sign-ordinance case.

"The city attorney needs to learn how to negotiate," he said. "There was a time when the Walton case could have been solved, but the city said no. We have more important things to do than focus on one property."

Mitchell said that Judy Scallen sued the city in the sign-ordinance case as a matter of due process, but he wants to know why the city then filed a counterclaim. The city is not uniformly enforcing the sign ordinance across the city, he said, "Why pick on a little old lady?"

"The Mrs. Spoonover's lawsuit shows the heart of the city," he said. "It's reg, reg, reg. I didn't move here for this."

Over-regulation is also costing the city businesses, he said, citing the proposed eating disorder clinic at the North Valley Hospital campus. The developer said he was moving to the Missoula area because of delays he blamed on the city. Mitchell said.

"We almost the Safeway store to Evergreen because of the council's actions," Mitchell said.

While he wants to see water quality protected, Mitchell said the city's new critical areas ordinance (CAO) is too complex and needs to be rewritten.

"We all want clean water, but we want to keep people working, too," he said. "A layman can't understand the CAO as it's written — you need to hire an expert. And if the city doesn't like what your expert says, you have to pay for the one they hire. It's not builder-friendly."

Mitchell also said the city's authority over property owners in the planning and zoning "doughnut" area outside the city limits is "illegal, but how do you solve it?" He proposed cutting back the size of the area from two miles to half a mile.

As for layoffs or furloughs in tough economic times, Mitchell said he prefers layoffs, and he suggested starting with the planning department if necessary.

Mitchell said he declined to be interviewed by the Montana Conservation Voters, which has a registered political action committee, and by Citizens For A Better Flathead, which doesn't endorse or oppose candidates, because he figured neither would support him.

But he's turned down endorsements from all organizations — including the Northwest Montana Association of Realtors, Rick Blake's We Love Stumptown PAC and Toby Scott's downtown merchants group. He also plans to use only his own money to campaign.

"I've got some uncashed checks from individuals at my house," he said. "I'll take individual endorsements, but not their money. I don't want to be tied to anyone."