Second downtown vending permit OK'd

Whitefish Pilot

After a first motion failed for lack of a second and mayor Mike Jenson put in his "two cents," the Whitefish City Council on March 15 narrowly approved a 60-day downtown food-vending permit for Michael Tigue.

Councilors John Muhl-feld, Chris Hyatt and Turner Askew voted in favor, and Bill Kahle and Phil Mitchell were in opposition. Councilor Ryan Friel was absent.

An urgency ordinance banning downtown food vendors will be presented to the council on April 5. Tigue would be grandfathered-in if the moratorium is approved.

In an e-mail to the city the day after the council's vote, Richard Kramer said he would lay off two employees at his Red Caboose Diner right away and "at least four more" on April 4. He also said he will be forced to shut down the late-night shift — his most profitable shift until a year ago "when vendors showed up."

"For the better part of a year now, my business and employees have been assailed upon by the city," he said. "I will probably just close up till summer, lay off all 18 employees and seek other avenues to recoup my lost revenues and devaluation of the business."

Kramer, who has been campaigning against downtown food vending since the issue arose last year, protested Tigue's application in a March 5 e-mail. His two businesses. Caseys' Bar and Red Caboose Diner, are located directly across the street from 100 Central.

"When a conditional-use or special-use permit is issued in this area, it certainly affects more than just the business within 250 feet," he said in his protest e-mail. "It affects all of the business in the area by changing the very character of our downtown."

Tigue is the second person to apply for a vendor permit since the new ordinance went into effect last year. He plans to sell pulled-pork sandwiches, hot dogs, bratwurst and chili under the name Side Of The Tracks LLC at a stand located on the patio area in front of the 100 Central building from 10 p.m. to 2 a.m.

Tigue, who has invested both time and money in his business plan, expressed his frustration in a letter to the council.

"It seems I have walked out onto a limb and had the branch snapped off by the council," he said.

Tigue noted that he had met all requirements and spent $300 on a permit and $2,500 for a cart. He also paid an insurance agent.

"It would be unfair to deny me the opportunity to earn back the money I have invested," he said. "Grant me a two-month vending permit, and I will be able to pay my costs."

Tigue said he submitted his application on Feb. 10 while Kramer "waited until the last possible day to protest." He wondered why Kramer "carries so much weight in this council."

"So far the council has been enforcing a very narrow public interest in regards to downtown food vending, that of a single business owner," he said.

Tigue claimed other downtown restaurant owners supported late-night food vending downtown, and he cited a petition with 300 signatures in support of mobile food stands like his.

"Every business within 250 feet was notified of my application, and only one business owner objected," he said.

The owners of 100 Central approved of Tigue's vending business, and the building's new tenant hoped his presence would protect the building from carousing late-night bar patrons. The management at The Remington OK'd Tigue's employees using their rest rooms.

During council discussion, Muhlfeld asked if Kramer's objections met the ordinance's criteria, and city planning director David Taylor said not specifically. Muhlfeld also wanted to know if the council intended to kill the ordinance or amend it.

Askew said it was his intent to let Tigue know his permit was only good for 60 days because the council might not be able to fix the current ordinance and the moratorium might be in place. Hyatt said he believed the council could make a better ordinance.

After Muhlfeld's motion to approve the permit died for lack of a second, Jenson, who could only vote if there was a tie, said he failed to see the problem with granting Tigue "60 days to work."

"He applied under the rules and in good faith," Jenson said. "That's my two cents."

Askew said he understood and would vote for granting the permit. Kahle, who pointed to problems with the current ordinance and impacts to Kramer's business, and Mitchell, who called the vote "a tough one," voted against granting the permit.