City wants attorney general opinion on sober house
The Kalispell City Council on Monday tabled a decision on a conditional-use permit for the Freedom House, a men’s clean and sober house located at 1128 Third Ave. W.
With two members absent, council voted 6-1 to table the item and seek a legal opinion from the attorney general on the definition of clean and sober houses, which are not regulated by the state.
Randy Kenyon cast the lone dissenting vote. Mayor Tammi Fisher and Council Member Wayne Saverud were not present.
It was the third time the council has tabled the issue. It held a work-study session on Freedom House last week.
Shortly before the vote, the council voted down a motion by Tim Kluesner to change a condition on a proposed conditional-use permit. Kluesner wanted to require instead of request that Freedom House hold quarterly neighborhood meetings for two years. The motion failed 5-2 with Kenyon joining Kluesner in voting yes.
Council member Bob Hafferman requested a future work-study session to create a moratorium on clean and sober houses. Several council members agreed. A moratorium would not apply to Freedom House because it already is in operation.
Kluesner said that approving a conditional-use permit without attaching any conditions wasn’t worth it.
However, after a question from Kenyon, City Attorney Charlie Harball said the city could approve a conditional-use permit without attaching conditions. The benefit in such a scenario would be that it was a process that involves the public, he said.
Harball said it could take as long as four months to get a legal opinion from the attorney general. He said the attorney general’s office could issue a “letter ruling” that is not binding on the rest of the state.
Harball said the city has three options: 1) decide that the Freedom House didn’t need a conditional-use permit; 2) approve a permit with or without conditions; and 3) deny the permit. Harball recommended either of the first two options. The third option “would put staff in a rather untenable situation” that probably would end up in federal court, he said.
Zauner asked Harball if the city could ask the state Legislature to act on the issue of clean and sober houses. “Seeking legislation is not a process,” Harball said, noting that would not fulfill the city’s duty.
Council member Kari Gabriel asked if Freedom House residents are violating city parking codes. Harball said he didn’t know. “There’s not enough real estate out there for cars to park as it is,” he said. “It’s a bigger problem than Freedom House.”
Zauner said that not voting on the issue wouldn’t cause the Freedom House any harm.
But Bill Hawk, who lives at the home and serves as a volunteer house manager, said this wasn’t true. “You guys have no idea how much harm this is causing to my guys in early recovery with TV cameras and newspaper reporters banging on our doors wanting to talk to us.”
“We deserve a decision,” property manager Tara Norick said. “Just make it and just move forward.”
Randall Marr, the Freedom House president, still is in jail on a probation violation. A Flathead County jail employee said Marr’s $10,000 bail was revoked on Friday and he was sentenced to 21 days in jail. Marr, who was arrested at the hospital on Sept. 24, is scheduled to be released at 6 a.m. on Oct. 15.
Reporter Caleb Soptelean may be reached at 758-4483 or by e-mail at csoptelean@dailyinterlake.com.