Mayor & City Council

WHITEFISH CITY COUNCIL December 7, 2020 SPECIAL SESSION AT 5:30 Via Webex 1. CALL TO ORDER Mayor Muhlfeld called the meeting to order. Councilors present were Davis, Qunell, Sweeney, Feury, Norton, and Hennen. City staff present was City Manager Smith, City Clerk Howke. 2. INTERVIEWS The Mayor and City Council interviewed Parker Kelly for the Board of Adjustments and Robin Paone for the Climate Action Plan Standing Committee. 3. PUBLIC COMMENT None 4. APPOINTMENTS Mayor Muhlfeld appointed, with Council ratification, Robin Paone to the Climate Action Plan Standing Committee. Councilor Sweeney made a motion, seconded by Councilor Qunell to appoint Parker Kelly to the Board of Adjustments. 5. ADJOURN Mayor Muhlfeld adjourned the meeting and opened the work session at 6:00 p.m. _______________________________ Mayor Muhlfeld Attest: _____________________________ Michelle Howke, Whitefish City Clerk  WHITEFISH CITY COUNCIL December 7, 2020 7:10 P.M. 1) CALL TO ORDER Mayor Muhlfeld called the meeting to order. Councilors present were Qunell, Feury, Hennen, Davis, Sweeney, and Norton. City Staff present were, City Clerk Howke, City Manager Smith, City Attorney Jacobs, Planning and Building Director Taylor, Public Works Director Workman, Parks and Recreation Director Butts, Police Chief Dial and Fire Chief Page. Approximately 36 people were in attendance. 2) PLEDGE OF ALLEGIANCE Mayor Muhlfeld asked Councilor Sweeney to lead the audience in the Pledge of Allegiance 3) PROCLAMATION a) Proclamation – Arbor Day Friday, April 30, 2021 (p.43) Mayor Muhlfeld read the Arbor Day proclamation. 4) COMMUNICATIONS FROM THE PUBLIC– (This time is set aside for the public to comment on items that are either on the agenda, but not a public hearing or on items not on the agenda. City officials do not respond during these comments but may respond or follow-up later on the agenda or at another time. The Mayor has the option of limiting such communications to three minutes depending on the number of citizens who want to comment and the length of the meeting agenda) Lindsay Hromadka, 116 Lupfer Avenue Unit B, Weinberg & Hromadka Attorneys at Law, spoke towards agenda item 10c) A Resolution approving an Interlocal Agreement for fire protection services with the Whitefish Fire Service Area (WFSA). She represents constituents of the WFSA, and they are in favor of continuing to contract for fire services with the City. She encourages the Council to approve the agreement. Jenny Cloutier, Executive Director for the Big Mountain Commercial Association, provided a letter that is appended to the packet on the website. The letter is requesting a new bus stop in the 300 block of Spokane Avenue for the S.N.O.W bus. Leo Keane attempted to speak but was having technical difficulties. A letter he provided is appended to the packet on the website addressing his concerns regarding the removal of trees at the Town Pump development site, located at 6045 Hwy 93 S. 5) COMMUNICATIONS FROM VOLUNTEER BOARDS a) Whitefish Community Library – Recommendation for Mayoral appointment (p.45) i. Richard Hildner-WCL Trustee – term expiring June 30, 2022 ii. Deb Bond – WCL Trustee – term expiring June 30, 2023 iii. Jessica Tubbs – WCL Trustee-in-Training Anne Moran, Whitefish Community Library Board of Trustees Chair spoke towards her letter provided in the packet on the website. Mayor Muhlfeld appointed Richard Hildner, Deb Bond, and Jessica Tubbs to the Whitefish Community Library Board of Trustees. The Council ratified his appointment by roll call. 6) CONSENT AGENDA (The consent agenda is a means of expediting routine matters that require the Council’s action. Debate does not typically occur on consent agenda items. Any member of the Council may remove any item for debate. Such items will typically be debated and acted upon prior to proceeding to the rest of the agenda. Ordinances require 4 votes for passage – Section 1-6-2 (E)(3) WCC) a) Minutes from November 16, 2020 Special Session (p.51) b) Minutes from November 16, 2020 Special Session (p.52)  CITY COUNCIL MINUTES December 7, 2020 c) Consideration of a request from Colton Behr for a Whitefish Lake and Lakeshore Protection Permit located at 20 Woodland Place to place gravel within the Lake and Lakeshore Protection Zone (WLP 20-W27) (p.58) d) Consideration of a request from Bruce Boody Landscape Architect and Casey Malmquist to extend the preliminary plat for 95 Karrow Avenue to January 2, 2023 (WPP 17-04) (p.74) e) Consideration of a request for a Final Plat for Aspen View II Subdivision, a 2-lot minor subdivision located at 309 and 317 Texas Avenue, zoned WLR (One-Family Limited Residential)(WFP 20- 05) (p.82) f) Consideration of a request from the members of the Whitefish Lake Lodge Homeowners Association to amend Section 3 of Article III and Section 4 of Article 4 of the Bylaws recorded as part of the Declaration (p.123) Councilor Norton had correction to the November 16, 2020 Regular Session minutes: Page 52 of the packet, 4th paragraph, 7 Line down: (user’s); Page 53 of the packet, 4th line ‘wildlife prone’ to ‘areas prone to wildlife encounters’; Page 54 of the packet, 6th paragraph, under Manager remove “and” replace with “a” Memorandum; 4th line change ‘eliminate’ to ‘to implement’; Under staff 3rd line replace ‘she’ with ‘Manager Smith’; next paragraph remove “ask” bid; Page 55 4th line ‘site is “costly”, and December ‘or’ early January; 5th paragraph, Manager Smith stated ‘that’; eliminate “the” faith, to work ‘with’. Page 56 1st paragraph, 7th line ‘OSHA’; 9th line is ‘a’ Chartered City; 11th line removes ‘city’; Page 56 Council, last paragraph (eliminate “it would be helpful” add “could”. Councilor Norton made a motion, seconded by Councilor Qunell to approve the Consent Agenda as corrected. The motion carried by roll call. 7) PUBLIC HEARINGS (Items will be considered for action after public hearings) (Resolution No. 07-33 establishes a 30-minute time limit for applicant’s land use presentations. Ordinances require 4 votes for passage – Section 1-6-2 (E)(3) WCC)) a) Consideration of a request from Keenan Gallagher for a Conditional Use Permit, located at 614 Somers Avenue, to construct an accessory apartment, zoned WR-2 (Two-Family Residential District)(WCUP 20-15) (p.136) Councilor Davis recues recuses himself from this agenda item since his company is working on this project. Long-Rang Planner Hilary Lindh presented her staff report that is provided in the packet on the website. Mayor Muhlfeld opened the Public Hearing. Jackson Davis, representing the applicant, was present to answer questions. There being no further public comment, Mayor Muhlfeld closed the Public Hearing and turned the matters over to the Council for their consideration. Councilor Hennen made a motion, seconded by Councilor Sweeney to approve WCUP 20-15, the Findings of Fact in the staff report, the seven conditions of approval, as recommended by the Whitefish Planning Board on November 19, 2020. The motion carried by roll call, with Councilor Davis recusing. b) Consideration of a request from Jackie Culver for a Conditional Use Permit, located at 619 Columbia Avenue, to construct an accessory apartment, zoned WR-2 (Two-Family Residential District)(WCUP 20-16) (p.163) Planner II Tara Osendorf presented her staff report that is provided in the packet on the website. Mayor Muhlfeld opened the Public Hearing. Jackie Culver, applicant, was available to answer any questions. 2  CITY COUNCIL MINUTES December 7, 2020 There being no further public comment, Mayor Muhlfeld closed the Public Hearing and turned the matters over to the Council for their consideration. Councilor Sweeney made a motion, seconded by Councilor Feury to approve WCUP 20-16, the Findings of Fact in the staff report, the seven conditions of approval as recommended by the Planning Board on November 19, 2020. The motion carried by roll call. c) Ordinance No. 20-17; An Ordinance amending Title 11- Zoning Regulations, Chapter 2 – Zoning District (WZTA 20-05) (First Reading) (p.191) Senior Planner Wendy Compton-Ring gave her staff report that is provided in the packet on the website. Mayor Muhlfeld opened the Public Hearing. City Clerk Howke received five written public comments in support of the zone text amendment; D.L. Blank, Patti Codiga, Samuel Neff, Mary Person, and Susan Prilliman. Rhonda Fitzgerald, 412 Lupfer Avenue, supports the zone text amendment. It gives more opportunity for neighbors to weigh in on projects that impact them, and it helps to get more affordable housing. Leo Keane was having technical difficulties and was not able to comment. There being no further public comment, Mayor Muhlfeld closed the Public Hearing and turned the matters over to the Council for their consideration. Councilor Davis made a motion, seconded by Councilor Qunell to adopt Ordinance No. 20-17; An Ordinance amending Title 11- Zoning Regulations, Chapter 2 – Zoning District (WZTA 20-05) (First Reading). The motion carried by roll call. d) Resolution No. 20-41; A Resolution of the City Council to amend the Legacy Homes Administrative Procedures (p.231) Senior Planner Wendy Compton-Ring presented her staff report that is provided in the packet on the website. Mayor Muhlfeld opened the Public Hearing. There being no public comment, Mayor Muhlfeld closed the Public Hearing and turned the matters over to the Council for their consideration. Councilor Feury made a motion, seconded by Councilor Sweeney to approve Resolution No. 20-41; A Resolution of the City Council to amend the Legacy Homes Administrative Procedures. City Clerk Howke noticed Mayre Flowers posted in the Chat box she had her hand raised to speak towards this agenda item, but did not appear in the participation list. Mayor Muhlfeld reopened the Public Hearing to hear Mayre’s comments. Mayre Flowers, Citizens for a Better Flathead, Kalispell, appreciates the work that has been done on this report. There was discussion at the Housing Steering Committee meeting about increasing the reporting in the affordable housing report to broaden the information that is provided. Mayor Muhlfeld closed the Public Hearing and referred back to the motion on the table. The motion to approve Resolution No. 20-41 carried by roll call. 3  CITY COUNCIL MINUTES December 7, 2020 e) Ordinance No. 20-18; An Emergency Ordinance providing for continued remote meetings of the City Council, City Boards, and Committees, and waiving the second reading ( Only Reading) (p.281) City Attorney Jacobs presented her staff report that is provided in the packet on the website. Mayor Muhlfeld opened the Public Hearing. Richard Hildner, 105 E 5th Street, supports the Emergency Ordinance to continue remote meetings. There being no further public comment, Mayor Muhlfeld closed the Public Hearing and turned the matters over to the Council for their consideration. Councilor Qunell made a motion, seconded by Councilor Hennen to adopt Ordinance No. 20- 18; An Emergency Ordinance providing for continued remote meetings of the City Council, City Boards, and Committees, and waiving the second reading ( Only Reading). The motion carried by roll call. f) Ordinance No. 20-19; An Ordinance amending the Conditions of Approval of the Trail View Planned Unit Development (First Reading) (p.287) Senior Planner Wendy Compton-Ring presented her staff report that is provided in the packet on the website. Mayor Muhlfeld opened the Public Hearing. City Clerk Howke received one written public comment from Doug Johnson questioning how to define a local worker and the role of the Housing Authority. Jerry Dunker, 84 Armory Road, stated 50% is a priority, so if there are buyers under the 150%, they will have priority over any buyer that has an income over 150%. The intent is to keep the project moving. They have been working with the Housing Authority and will continue to work with the Housing Authority. Of the first 14 under contract, only 3 have been slightly above 150%. There being no further public comment, Mayor Muhlfeld closed the Public Hearing and turned the matters over to the City Council for their consideration. Councilor Feury made a motion, seconded by Councilor Hennen to adopt Ordinance No. 20- 19; An Ordinance amending the Conditions of Approval of the Trail View Planned Unit Development (First Reading). Councilor Feury reminded the Council, we were only going to get six units out of this project and out of good faith effort to the community, Mr. Dunker offered all of the units to be in the affordable housing stock. The motion carried by roll call. 8) COMMUNICATIONS FROM PLANNING DIRECTOR a) Consideration of a request for a Final Plat for Trail View, Phase II, a 58-lot subdivision located south of Voerman Road and west of Monegan Road, zoned WR-1/WPUD (One-Family Residential District) with a Planned Unit Development overlay (WFP 20-04) (p.310) Final Plats are usually on the Consent Agenda. Since this was also on the Public Hearing for Condition #21 of the approved PUD, staff placed this item as Communications from the Planning Director. A staff report was not required. Councilor Feury made a motion, seconded by Councilor Sweeney to approve the request for Final Plat for Trail View Phase II. The motion carried by roll call. Mayor Muhlfeld called for a recess at 8:44 and reconvened at 8:53. 4  CITY COUNCIL MINUTES December 7, 2020 9) COMMUNICATIONS FROM PARKS DEPARTMENT a) Consideration of a request to authorize the City Manager to negotiate and execute a contract with Robert Peccia and Associates for design services for the Armory Park Master Plan (p.400) Director Maria Butts presented her staff report that is provided in the packet on the website. Councilor Hennen made a motion, seconded by Councilor Sweeney to approve the request to authorize the City Manager to negotiate and execute a contract with Robert Peccia and Associates for design services for the Armory Park Master Plan. The motion carried by roll call. 10) COMMUNICATIONS FROM CITY MANAGER a) Written report enclosed with the packet. Questions from Mayor and Council? (p.403) None b) Other items arising between December 2nd through December 7th. Manager Smith brought to the Councils attention about a resolution of support for the Task Force messaging and the need to follow health guidance and requirements. She asked for direction from the Council to hold a Special Session or to add this to the agenda for January 4, 2021. The Health Board discussion with the county has stalled out. There are concerns at the commissioner level about the city wanting to come on during a pandemic. Manager Smith had a discussion with Mike Pence and the county Finance Director about the funding. At this point she does not see a need for a second meeting in December. State law requires second class cities to have a seat on the County Health Board. She and Attorney Jacobs are looking more into this. Manager Smith also reported, thanks to Jen Sybrant and her staff with the Parks Department, the COVID-19 Mask Up banners are now displayed downtown. c) Resolution No. 20-42; A Resolution approving an Interlocal Agreement for fire protection services with the Whitefish Fire Service Area (p.405) Manager Smith presented her staff report that is provided in the packet on the website. Councilor Sweeney made a motion, seconded by Councilor Hennen to approve Resolution No. 20-42; A Resolution approving an Interlocal Agreement for fire protection services with the Whitefish Fire Service Area. The motion carried by roll call. d) Resolution No. 20-43; A Resolution approving the Deed of Trust and other loan documents securing the WAVE financing with Glacier Bank (p.415) Manager Smith presented her staff report that is provided in the packet on the website. Councilor Qunell made a motion, seconded by Councilor Sweeney to approve Resolution No. 20-43; A Resolution approving the Deed of Trust and other loan documents securing the WAVE financing with Glacier Bank. The motion carried by roll call. 11) COMMUNICATIONS FROM MAYOR AND CITY COUNCILORS a) Letter of support for Flathead Community Health Center’s (FCHC) application for continuation of the services FCHC provides through HRSA-21-007 Service Area Competition (p.450) b) Letter from Town Pump Inc. – Tree removal at new development site, 6045 US Hwy 93 S. (p.451) 5  CITY COUNCIL MINUTES December 7, 2020 Joe Murphy, Big Sky Civil and Environmental, Inc., has been involved with the planning and the design of this project since the beginning. They understand from the Council meeting how important those trees were to preserve. They developed what they thought was a robust tree preservation plan and included in their drawings to delineate the area where the trees needed to be protected and the fencing was placed in that fashion. When he received a phone call from Attorney Jacobs that the trees had been removed, nobody on the design team or the owners were aware of the mass tree removal. They are deeply regretful for what has occurred. Dan Sampson, Construction Development Manager for Town Pump, Inc., apologized in earnest for the misunderstanding that took place at the development site. He was just as shocked and surprised when he heard the number of trees. It was a horrible unfortunate misunderstanding. He ensures the council and the community that they stand ready to write this wrong and do what they need to do to get the mature trees replaced. Manager Smith stated it was an unfortunate situation. Town Pump is willing to work with the City’s forester and arborist. The type of tree is important because it is based on what is native to our area. She appreciates the apologies. Mayor Muhlfeld appreciates the apologies and does not think this was done intentionally on Dan and Joe’s behalf. He realizes that the condition of approval only required any trees that were damaged or become diseased must be replaced with a large caliper tree on a 1:1 ratio. He asked if Town Pump, in good faith, would consider replacing the trees at a higher ratio of 2:1. Dan Sampson stated they are open to looking at that as an option. Manager Smith recommended to refer to the City’s arborist and forester with regards to what they feel the spacing is available. Mayor Muhlfeld mentioned he is looking for a way to make amends with our community given the community was not in support of the development. Director Butts mentioned the old growth trees that were taken down the 1:1 ratio would not replace the value for reducing carbon emissions. There is so much more that a tree does than the visual aesthetic appeal that they have. A 2:1 ratio would be closer in reaching the value that those old growth trees did provide to our community. Councilor Norton provided photos that are appended to the packet on the website. She asked and Joe Murphy stated to the best of his knowledge up until he learned of the massive tree removal, he understood the contractor was going to attempt to work around the trees without removal. Had the contractor come to him with the inquiry he could have gotten ahold of the appropriate people at the City. Councilor Feury stated he appreciates their sincere apologies. Ultimately the responsibility falls on their laps because they should have conveyed a little better to the contractor. It is a big problem in the community. People did not want the development to begin with. Council tried to mitigate the impact and came to an agreement. Town Pump did not live up to their end of the bargain. The Council agreed to replacing the trees to a 2:1 ratio; replace the eight trees that were removed and the three that the City is requiring to be removed due to hazardous conditions for the highway, which would be 22 trees unless otherwise prohibited due to site constraints by the City’s arborist and forester. c) COVID-19 Councilor Sweeney made a motion, seconded by Councilor Hennen to hold a Special Session, on Monday December 14, 2020 at 5:30 to consider a resolution supporting the Task Force actions and activities. The motion carried by roll call. 6  CITY COUNCIL MINUTES December 7, 2020 Council comments. Council continued discussion from the work session held prior to the meeting regarding the recycling RFP. The consensus of the Council is to do a bid alternative that would include procuring a cost estimate or proposal for curbside recycling as well as an alternate to segregate out the recycling costs for #1 and #2 plastics under both scenarios. Councilor Norton thanked staff for working so hard on behalf of the Council this year. Councilor Qunell has appreciated being on Council this year and appreciates all the viewpoints and perspective from everybody and the hard work of staff. Councilor Davis commented on the letter from Jenny Cloutier from the Big Mountain Commercial Association requesting a bus stop on the 300 block of Spokane Avenue. He thinks this might be something to look into. Mayor Muhlfeld thanked everyone; it has been a challenging year. He and Manager Smith have been meeting with Joe Akey with the Winter Carnival Board and he is glad to see that board is going virtual with all of the Winter Carnival activities. 12) ADJOURNMENT (Resolution 08-10 establishes 11:00 p.m. as end of meeting unless extended to 11:30 by majority) Mayor Muhlfeld adjourned the meeting at 10:17 p.m. /s/ John Muhlfeld _______________________________ Mayor Muhlfeld Attest: /s/Michelle Howke ______________________________ Michelle Howke, Whitefish City Clerk 7