U.S. 93 zoning changes sent back for rewrite
By RICHARD HANNERS
Whitefish Pilot
All 10 people who addressed the Whitefish City Council during a Feb. 17 public hearing on proposed zoning changes for the U.S. 93 strip opposed the amendments proposed by city planning staff.
But while Walgreens developer Bill Halama called for less restrictions on what commercial uses are allowed in the zone, the other nine wanted the existing restrictions to stay in place to protect retail businesses downtown.
Deputy mayor Nancy Woodruff defended city planners by saying they had been directed to see if zoning changes could address the number of nonconforming businesses found along the highway.
Councilor Turner Askew said both sides had made good points and suggested turning the question on its head — what businesses are wanted downtown? Would a cell phone store be desirable downtown, and doesn’t a video rental store need drive-through customers, he asked.
Councilor Frank Sweeney wanted to know how all the nonconforming businesses got started on U.S. 93 South and suggested the problem might be an enforcement issue.
The city lacks any type of zoning-compliance process, city planning director David Taylor pointed out.
The council tabled the amendments and directed planning staff to take one more look at the matter.
In other city council news:
• City manager Chuck Stearns said a bill that would protect Whitefish’s resort tax by raising the population limit for “resort communities” from 5,500 to 10,000 might not make it through the legislature this year.
Stearns said House Bill 312, sponsored by Rep. Bill Beck, R-Whitefish, was deadlocked along party lines following a 10-10 vote by the state House Taxation Committee on Feb. 12.
Another resort tax bill sponsored, by Rep. Dee Brown, R-Coram, which Stearns had earlier characterized as “punitive,” was tabled by the same committee on the same day.
Stearns said the city could try again in the next legislative session, noting the city had until 2016 before its resort tax expired.
• The council discussed the merits of holding another all-mail municipal election.
Stearns said the all-mail election in 2007 cost the city $5,626, compared to $2,141 for the 2005 election, which used polling places. Voter turnout was 47 percent in the 2007 general election, compared to 22 percent in 2005, but 800 mailed ballots were returned as undeliverable in 2007.
Askew, who faced a recount following the 2007 election, noted that it was the county’s idea to hold an all-mail election in Whitefish “as an experiment.” He said the election was “really screwed up,” with numerous county residents receiving city ballots.
Woodruff said she’d like to have both polling places and mailed ballots, but Stearns noted that absentee ballots are always available in an election with polling places.
City councilor Nick Palmer motioned to table the issue until the council could hear from councilor John Muhlfeld and mayor Mike Jenson, who were both absent. The motion passed 3-2.
• Askew suggested the council hold a work session in order to meet with a vocal group of people who are in sharp disagreement with the city council. He mentioned the new weloveourlake.com Web site as an example.
Palmer said he’d prefer not to meet with the group in a formal setting.
“Politics is done in the open and in the streets,” he said.
City attorney John Phelps cautioned there could be legal considerations if more than three councilors met together outside of an advertised, open meeting. He also said holding a work session for these people could set a bad precedent because it would favor certain people.
Stearns said he’d never seen a city council hold a “gripe” session but suggested it might “de-fuse” the situation.
Councilor Ryan Friel suggested the council stage a “dunking booth.” He and Askew provided their phone numbers to the television audience.
• Scott Ringer was appointed to the Whitefish Lake and Lakeshore Protection Committee, and David Mentanko was appointed to the Whitefish Board of Appeals.