Commission seeks resort designation for Polson

The City Commission inched toward putting a resort tax referendum before voters Monday night by seeking Department of Commerce designation for Polson as a resort community.

Commissioners unanimously gave Mayor Eric Huffine permission to address a letter to Commerce Director Mandy Rambo, asking whether Polson qualifies as a resort community. The letter, in turn, initiates a process that City Manager Ed Meece said could take up to three months, and involves a deep dive into the city’s economic profile to make sure more than 50% “of its economic well-being” is derived from tourism.

Another criteria is that the town’s population must be under 5,500 according to the most recent federal census (Polson’s was 5,100 in 2020).

The designation would give the commission another two years to decide whether to take a third run at asking voters to impose a local option tax on luxury items, with proceeds used to fund local services and improvements that benefit locals and tourists alike.

The commissioners also agreed to tweak the Polson Development Code so that it mirrors changes made by the 2003 Legislature, as required by state law. The Polson City-County Planning Board held a public meeting March 11 to review the proposed changes and received no public comment.

One member of the planning board, however, expressed concerns that the state-level mandates could diminish local oversight on major developments and their potential impacts on residents.

The most significant changes fall under “phased developments” in the planning code, and tighten up time frames while eliminating some opportunities for commission and/or public input and review.

In approving the recommended changes, Mayor Huffine expressed his frustration at being required to pass a state mandate that the commission had no part in crafting.

The commission tabled a vote on a resolution that would lower the threshold for triggering a traffic study on a new subdivision or large-scale development. The commission had asked the planning staff to craft the resolution out of concern about the impact of development on the city’s older streets – many of which are already in disrepair, and were built to lower construction standards with narrower easements than contemporary roads.

The proposed new standards drop the threshold for a traffic study from 1,000 average daily trips to 300 or more average daily trips for those accessed by arterial roads and to 100 daily trips for developments accessed from local streets.  

According to a comparison compiled by the planning staff, Polson’s current standards for Traffic Impact Studies are much higher than other communities in the area, with most ranging from 200 to 400 average daily trips.

Commissioner Lisa Rehard pointed out that the new resolution, as written, still leaves a “loophole” that could allow a developer to change development plans after the preliminary plat is evaluated. By tabling the resolution, the commission gave the planning staff an opportunity to amend it prior to the next meeting.

Attorney to facilitate hiring of city judge

The commission approved a proposal to hire attorney Jordan Crosby to provide legal counsel and facilitate the hiring of a city judge after Meece said it would be “inappropriate” for he and city attorney David Miche to oversee the process.

The position of city judge, currently held by Mike Larson, falls under the judicial branch of government instead of the executive branch. The commission gave Meece permission to advertise the four-year post beginning March 1, with applications closing April 15. The term ends July 1.

Larson has reapplied, and Meece told the commission he spoke to another potential candidate last Friday. He estimated that it could cost around $2,000 to hire Crosby to oversee the process.

He added that it would put the city prosecutor, who sometimes appears before the judge, “in a weird spot” to advise the commission on hiring a judge.

“From my own perspective, an executive controlling the process is squinchy,” he added. “My own personal reflection is I think Judge Larson would probably prefer I not be facilitating.”

Larson was appointed to the position by Meece in 2021 after Judge Dennis DeVries stepped down mid-term. Meece noted that this was the commission’s only opportunity to weigh-in on the selection of a judge, “to investigate, to learn.”

Commissioner Jen Ruggless wanted to know why, if Larson was interested in the post, the city didn’t just hire him. “Why are we using the resources when we have someone who wants to stay?” she asked.

Commissioner Carolyn Pardini was reluctant to hire someone for a process she felt could be handled in-house. “I don’t need to spend $2,000 for an attorney to facilitate the process,” she said.

Commissioner Brodie Moll countered that the commission had hired an outside counsel to oversee the hiring of the city manager. “Since we’re dealing with a different branch of government, neutralizing this with outside counsel could help us know what to ask,” he added.

Pardini suggested capping the payment to Crosby at $2,000 – a move that didn’t pick up traction. Ruggless and Pardini voted against the measure to hire Crosby, which passed 5-2.

In other business

• Meece said the city has added two “buttons” on the landing page of the city’s website, titled Planning Calendar and Current Projects, to make it easier for the public to track pending meetings and construction projects.

He noted that a sewer line replacement at the intersection of Seventh Ave. and Seventh St. E. is slated for completion by next Friday and that reconstruction begins the week of April 14 on the first block of First Street West, between Hwy. 93 and Third Ave. W. and is expected to take five or six weeks. Multiple sections of Fourth Ave. E. are also slated for reconstruction and should be completed in mid-August.

• The commission voted to adopt the 2024 Montana Western Regional Mitigation Plan as part of the consent agenda.

• Two Mission Bay residents spoke to the commission about a 440-unit development proposed for one lot of a 20-acre parcel adjacent to the subdivision, and voiced concerns that traffic studies for the area completed last fall were based on a lower-density proposal. Since the Immanuel Living-Polson subdivision received preliminary plat approval in November 2023, the property has been sold to Compass Construction of Polson, which commissioned last October's traffic study. 

• Mayor Huffine administered the oath of office to the newest member of the Polson Police force, Officer Levi Clairmont.