Council approves professional office on Baker

Whitefish Pilot

Eleven people addressed the Whitefish City Council on June 1 about allowing professional offices in a residential section of Baker Avenue, with six in opposition in what turned out to be a lengthy and contentious discussion.

The councilors, however, were not swayed by neighbors' concerns about traffic and commercial encroachment impacting neighborhood character, and they approved Jill Zignego's request for a conditional-use permit by 4-0. Councilor Ryan Friel recused himself, saying one of the neighbors is his "boss."

Several neighbors claimed the zoning text amendment allowing professional offices in the area was adopted without sufficient notification to nearby property owners. But the text amendment was not on the council's agenda and would have to wait for a future council meeting, city attorney John Phelps advised the council.

Councilor Frank Sweeney said adequate notification has long been a concern of his, dating back to his time on the planning board, and he asked staff to come back with a new policy that goes beyond the basic state requirements.

As for neighborhood impacts, the consensus among the councilors — including mayor Mike Jenson — was that Zignego's request would have less impact than uses allowed on the two residential lots without a permit.

In the "worst case" scenario, two group homes with eight people could be allowed under the current zoning, city planner Nikki Bond said. A home office with a residence could also be allowed without a permit under the existing zoning.

As for traffic hazards caused by congestion on Baker Avenue, a proposed Seventh Street bridge, a steep hill that is slick in winter and children playing in the alley, the councilors offered no solutions. The impact from Zignego's request would not be worse than uses allowed by the zoning, the councilors agreed.

In other city council news:

¥ City manager Chuck Stearns, Jenson and Sweeney met in Helena with Gov. Brian Schweitzer's chief of staff, Hal Harper, on May 20 to discuss potential impacts from underground diesel-fuel plumes in BNSF Railway's Whitefish rail yard.

The city representatives asked about the status of the state Department of Environmental Quality's remedial investigation of the site. Harper said he and the governor would visit Whitefish this summer to discuss the issue.

On May 26, Stearns and city attorney John Phelps met with two attorneys from BNSF and the railroad's general environmental director. The railroad officials said plans are underway to organize a community outreach campaign about the pollution issue, using advertisements and mailings rather than a general public meeting.

Discussion turned to the city's interest in acquiring railroad land north of the library for a new city hall building. City officials said financial constraints and the need to complete the new emergency services center was delaying the city hall project.

¥ City residents can expect a rate increase for garbage service starting with the city's 2010 fiscal year budget. The city's five-year contract with Montana Waste System will end June 30, and Stearns said he's inclined to renew another five-year contract.

Inflation is driving up solid waste collection costs, Stearns said. The last rate increase took place in July 2004, when monthly rates increased from $5.50 to $7.50. When asked by the councilors, he said he wasn't sure what rate increase was possible.

Sweeney said he'd like recycling to be included in the solid waste contract. Stearns noted that recycling bins are provided in the current contract, but a third party could come in and do curb-side recycling.

¥ Planning board member Scott Sorensen praised the Safeway remodeling project, noting that the company planted more than 200 trees, 1,500 square feet of lawn and more than 100 bushes.

He asked the council to send a letter of appreciation to Safeway, and Jenson agreed to do that.

¥ Representatives from Glacier National Park's centennial committee and the National Parks Conservation Association presented the city with a plaque honoring it as a "green" city. Kass Hardy acknowledged the city's decision to no longer purchase bottled water.

¥ The police has a new Ford Escape hybrid SUV patrol car. Without striping, radios, lights and sirens, it cost $32,423.

¥ Matthew Lawrance and John Constenius were appointed to the Architectural Review Committee. Nelson Roosendahl, David Noftsinger and Rebecca Norton were appointed to the Tree Advisory Committee. Fred Jones was appointed to the Parks Board.