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20260312 Public Comment to City Council from Brad WrightI am submitting this as a formal public comment for the record and request that it be included in the minutes of the next City Council meeting. Brad Wright 233 Arbour Drive E Kalispell, MT 59901 bradwright@bullittmail.com March 12, 2026 Kalispell City Council City of Kalispell Via email Subject: Ethics Disclosure regarding SHOP Mall Proposal & Unauthorized Staff Negotiations Dear City Council Members, I am writing to formally alert the Council to a series of non-transparent negotiations involving the Mayor and specific city staff members that appear to bypass public oversight and directly contradict established legal agreements regarding the Flathead County Library acquiring property at the Kalispell Center Mall. It is my concern that the Council may not be fully aware of the extent to which staff-led "secret negotiations" have deviated from publicly approved plans. 1. Contradiction of Public Statements and Staff Involvement In yesterday’s communication (See Appendix A), Mayor Hunter asserted that he "would not discuss specific details about a proposed project and would only talk about general ideas." However, an audio transcript of Library Trustee Jane Wheeler regarding the February 26, 2026 meeting (See Appendix B) directly refutes this. Ms. Wheeler’s account confirms that the Mayor, City Manager Jarod Nygren and city staff members have been engaged in specific, high-level deliberations affecting the Library: ● Financial Commitments: Ms. Wheeler stated, "TIF [Tax Increment Financing] money was the one thing that we discussed" (Transcript 1:01). ● Project Specifics: The group discussed "parking lots" and specific coordination with SHOP Development (Transcript 1:07–1:19). 2. Material Deviations from the April 2025 Library Letter of Intent (LOI) There is evidence that city staff and the Mayor are advocating for a "SHOP Mall Proposal" (submitted to the URA Board in September 2025) that secretly strips away protections guaranteed to the public in the April 2025 LOI. These deviations represent a significant detriment to City and County taxpayers: ● Acreage Reduction: The public agreement for 2 acres has been reduced to 1.71 acres in the staff-reviewed SHOP proposal. ● Easement Reintroduction: A .5-acre unbuildable ROW easement, which the Trustees explicitly excluded in April, has been reintroduced. ● Parking Mandates: The independent parking requirement was replaced with a shared parking garage adjoining the library, a move the Trustees previously refused. 3. Pattern of Obstruction and Unauthorized Representation The Council should be aware of procedural irregularities that suggest a deliberate effort to keep these changes from public view: ● Public Record Tampering: In December 2025, city staff member Nelson Loring modified my public records request and sent me information that was irrelevant, successfully withholding the SHOP Mall Proposal until the City Clerk intervened. ● Conflicts of Interest: Per the April 2025 LOI, Realtor Wendy Brown (the Trustees' Buyer ’s Agent) maintains a "separate agreement" with SHOP, creating a clear conflict of interest because there is no explicit written consent between the Library and SHOP. ● Circumvention of Authority: Erica Wirtala (NMAR and Library Foundation) attended this private meeting despite the Trustees’ explicit, recorded refusal to include the Foundation in property negotiations. There is no current agreement between the Foundation and the Trustees regarding the new library so there was no reason for Wirtala to be at that meeting. Conclusion and Request for Oversight As the governing body responsible for the city’s ethical standards and the fiduciary oversight of TIF funds, the Council must determine why city staff and the Mayor have facilitated a developer-led proposal that materially violates a signed LOI. The lack of transparency and the documented obstruction of public record requests suggest a pattern of conduct that prioritizes developer interests over the public's right to know. I am referring these findings to State Authorities to ensure a formal, independent review of these ethical discrepancies. Requested Action from Council: 1. Independent Audit of Staff Communications: I request a comprehensive audit of all communications (emails, texts, and meeting minutes) between the city manager, city staff, the Mayor ’s office, and SHOP Development regarding the library site from April 2025 to the present. 2. Public Disclosure of "Side Agreements": I request that the Council mandate the immediate public disclosure of any "separate agreements" or verbal commitments made between city staff/representatives and SHOP Development or Wendy Brown that have not been presented in a public Council session. 3. Suspension of Financial Deliberations: I urge the Council to halt all TIF allocations or property transfer negotiations related to this project until the state-level reviews and the internal audit of staff conduct are completed. 4. Assessment of Liability: I request the City Attorney review whether these staff-led deviations from the April 2025 LOI expose the City of Kalispell to litigation from the Library Trustees or other stakeholders. Sincerely, Brad Wright CC: ● Honorable Kristen Juras, Lt. Governor of Montana ● Montana Legislative Audit Division ● Montana Commissioner of Political Practices ● Montana State Library Commission ● Montana Transparency Project ● NMAR Board of Director Ethics Committee ● Flathead County Library Board of Trustees Appendix A: Response from Ryan Hunter Email Appendix B: Transcript of portion of February 26, 2026 Trustees Board Meeting Audio Audio Transcript - (0:00) [Jane Wheeler speaking] Erica, I was just going to address the meeting yesterday, because you asked about it. (0:06) We had a meeting yesterday, Teri, myself, so this wasn't an official Facilities Committee meeting at all, (0:13) but the new mayor of the City of Kalispell asked for a meeting. (0:18) It was Teri and myself and two members of the Foundation. (0:21) And he just wanted to talk to us about what the city could do to help us build this new library. (0:27) And that was kind of his first step. (0:30) What can the city do to help us build a new library? (0:34) And all of us just went, oh, thank you for asking that question. (0:39) It was so wonderful. (0:40) And it was really just a give and take, but basically it said, (0:47) I will be happy as the mayor to support this as best I can. (0:51) And that was kind of what the meeting was about. (0:52) But it was wonderfully refreshing and just another step in seeing blue sky ahead. (0:59) [Doug Adams speaking] Did you all talk about financial interest? (1:01) [Jane Wheeler speaking] We talked about TIF money. (1:04) We talked about whether or not that would be available. (1:07) We talked about parking lots. (1:09) We talked about, yeah, kind of, you know, a little bit about what the city is doing with SHOP. (1:19) But the TIF money was the one thing that we discussed. (1:23) [Doug Adams speaking] And then the other thing, although it wouldn't be near as big one, is to forgive any permit fees. (1:31) [Jane Wheeler speaking] Yeah, that's a good thought. (1:34) And we should look at that. (1:35) It will be interesting. (1:36) We did, in that same vein, we talked about really working with them and working with Jarod Nygren on an awful lot of things that will come up. (1:48) So that was a discussion about that. (1:50) I should have brought my notes. (1:51) But it was a fairly short meeting, but very, I thought, very productive. (1:56) And we were, at least I was, incredibly pleased that we're on his radar. (2:05) And because we haven't felt that way with the city at all in any planning we've done previously. (2:12) So it just was a step in the right direction. (2:15) [Teri Dugan speaking] It opened the dialogue, which we all thought was really great. (2:18) {David Ingram speaking] I might also ask if we can not have to pay for our two parking spots for our staff. (2:24) I know it's not big, but. (2:27) All the pushers. (2:31) Got to start with the crumbs. (2:34) Okay. (2:35) Well, thank you, Jane. (2:36) Is there anything else? (2:37) No, that's it. (2:37) Thank you. (2:39) Okay. End Transcript Appendix C: September 2025 URA SHOP Mall Proposal with my notes