Mayor & City Council

WHITEFISH CITY COUNCIL November 1, 2021 7:10 P.M. 1) CALL TO ORDER Mayor Muhlfeld called the meeting to order. Councilors present were Feury, Hennen, Davis, Sweeney, and Norton. Councilor Qunell was absent. City Staff present were, City Clerk Howke, City Manager Smith, City Attorney Jacobs, Finance Director Dahlman, Planning and Building Director Taylor, Public Works Director Workman, Parks and Recreation Director Butts, Interim Police Chief Kelch and Fire Chief Page. Approximately 50 people were in the audience and 10 participated via Webex. Mayor Muhlfeld, City Council, City Staff and members of the audience held a moment of silence for Honorable Judge William Hileman, Jr. Our thoughts and prayer are with his family and friends. 2) PLEDGE OF ALLEGIANCE Mayor Muhlfeld asked to lead the audience in the Pledge of Allegiance. 3) PRESENTATION a) Bicycle and Pedestrian Committee – Report on Riverbend Trail – John Phelps (p.205) John Phelps, Bicycle and Pedestrian Committee Chair gave a presentation regarding continuance of the bike path along the river. The proposed path would connect Kay Beller Park to the BNSF Bike Trail Loop also known as the Riverbend Section. This section is critical to the value, functionality, and use of the entire River Trail system particularly because of the workarounds are not safe or accessible. An easement to allow for a path was agreed upon between the City and the developer of the Riverbend Condos in 1983. The Committee request: 1) Council direct City Attorney to enforce the easement; 2) Parks Department to develop a pathway design; 3) Public Works to work with FWP on approval of appropriate permits. 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) Mayor Muhlfeld offered this time first for those speaking towards the Riverbend Trail. Ron Brunk, 640 West 5th Street, provided his history with is involvement with the Bicycle and Pedestrian Master Plan and his service on the Board of Park Commissioners. Through the years three major problems have been identified for connecting trails in Whitefish: the river, the railroad, and Highway 93. The trail is connected over the river in three places and under the railroad. The trail is not connected across Highway 93. Montana Department of Transportation (MDT) constructed a path under the Veterans Memorial Bridge on Highway 93 during its reconstruction. This is the place to make a safe crossing of Highway 93, and this is the time. This was the first easement the City acquired for the trail system 38 years ago and still have not acquired it. This is the missing link to a good bike and pedestrian trail system. He encourages the Council to move forward with construction of this critical piece of trail. Bruce Boody, Landscape Architect, 301 East Second Street, provided a letter that is appended to the packet on the website. There is no other way safely through town as traffic increases and trucks increase. It needs to be done. This is a critical element, and he encourages the Council to complete this segment of the Whitefish City Trail system.  CITY COUNCIL MINUTES November 1, 2021 Austin Reese and his family recently moved to Whitefish. Part of the reason they moved here was the accessibility of the outdoor spaces. Extending the path along the river in this location will provide accessibility and a safer solution for people with physical disabilities. Rachel Schmidt, former Director of the Montana Governor’s Office of Outdoor Recreation. In her position at the Governor’s Office, she traveled across the nation talking about recreation. Not only is this trail a recreational opportunity it is also transportation. Her kids use this trail to get around town and is familiar with the challenges of this intersection. If Council does not go with the recommendations of the Committee, it is throwing years of work out the window. This is not going to be an easy trail to build but it will be worth it. She is part of a group “Safe Trails Whitefish”, and they support this project. Jamie Goguen, 4500 Two-Bear Trail, stated Whitefish provides extraordinary outdoor recreation opportunities and a vibrant community and is why her family settled here in 2002 and why they have contributed so much to the Whitefish area conservation recreation projects. She knows how important it is to get a nature fix and how important it is for health, wellness, peace of mind, economic vitality, and quality of life. Everybody should have the opportunity to experience high quality outdoor recreation access regardless of fitness level, physical capability, or age. She urges the Council to stand up for the publics right to enjoy a trail along the Whitefish River by making the connection of veterans bridge north a priority. Julie Tickle, Executive Director of Dream Adaptive Recreation, a non-profit that is based in the Flathead Valley and Whitefish for 36 years. They are in support of the Committee’s recommendation. Dream was founded five years prior to when the ADA was signed into Congress. A group of Flathead locals based in Whitefish saw that many of the city parks and recreation places were not accessible to those with mobility challenges. It has been on the hearts and minds of the community since then to push for access for all community members. Dream provides programming for over 300 people annually. They provide an adaptive mountain bike program that has been popular the last few years, and they hope to provide a paved path cycling program that would use this exact route. They expect it to be extremely popular. They are also a part of many current access projects around the community. They are focused on supporting groups and access projects that allow all community members to have safe and accessible routes around town and to access the great outdoors. Dream Adaptive strongly encourages the Council to pursue this opportunity to continue the trail along the riverfront. Diane Conradi agrees with the previous comments, the current situation of the path is unacceptable, the time is now to act. As a co-founder of Safe Trails Whitefish, they will be here as the Council makes tough decisions. She encourages the Council to take appropriate legal action. Kim Lindstrom has witnessed many people of different abilities using the trail that goes along the river. When you get to the end of the trail under the bridge for the first time, the staircase is a disappointment. She is hoping it will be an improvement. She encourages the Council to pursue the extension. Pat La Tourelle, 418 Lupfer Avenue, was on the Council that put forth the motion that was unanimously approved on May 2, 1983. She is hoping that this Council will finish the job. Bridgette Larson, member of the Riverbend Condos Homeowners Association. If this path is extended her deck will be removed. The people that live in the condos have children and grandchildren and they are good people. This is the place they come for respite. She can’t imagine where a trail would be put, there is no room for it. It concerns her the number of people that come off the train and follow the river 2  CITY COUNCIL MINUTES November 1, 2021 and camp. She feels the trail will ruin the riverbed. The condo people want what is best for the community, but they don’t agree that this is the best way to control that situation. Mike Fitzgerald, 412 Lupfer Avenue, has been involved with the bike paths from the very beginning. He is proud of what has been accomplished. The city has done a fabulous job and has been a huge success. We couldn’t do this before because the property that Casey Malmquist owns; the former owners would not give an easement. Now that Casey owns that property, and the state built the beautiful underpass, we can now do it. No is the time to strike. I am sure we can all work together and get it done and it can look nice. There have been roadblocks along the way, but we worked through it, and we have accomplished our goal. We have to work this out and we need to go underneath the bridge. This will help Whitefish tremendously. Thomas, Mountain View Manor, remembers the first time he used the trail towards City Beach. He came under the bridge and saw the stairs and was at a dead-end. Have a bike path and then leaving the path to cross a busy road defeats the purpose of the bike path. He supports the Committee’s recommendation to extend the path along the river. Johnathan Free an employee of Fish Wildlife and Parks and also a resident of Whitefish for 20 years. He has a lot of experience with this river. He suggested not building the path into the river, and to not cut down the willow trees. He hasn’t seen where the easement is related to the condos. If you don’t build out into the river and don’t cut down the willow trees, then there is room to work. Antonia Malchik, 528 9th Street West, stated there are a lot of families that live in the west side of town that use this crossing all the time, especially with young children. The stairs are not usable for kids, cargo bike, or for most mobility issues. This particular location is like having a wall. With the increase in traffic, it’s going to get worse. All we are asking is for the easement to be honored and the homeowners to honor the agreement as well. Rachel Thompson, 1003 Creekview Drive, has two children on bikes and wishes this trail was safer and more useful as transportation. It concerns her when there is not a continuous path. She grew up in a town that had a riverfront trail that became the lifeblood of that community. The question is ‘What kind of town does Whitefish want to be?” A town that makes investments, enhancements and sacrifices to prioritize the most vulnerable in that community. Otherwise, we are just making excuses and delays and she hopes her children are not standing up here when they are 38 asking for this to be done. Doug Reed, 520 Somers Avenue, member of the Bicycle Pedestrian Path Advisory Committee, stated in 1983 Council action to add condition #5 for the developer to grant a Public use easement to the City along the river, the width and exact location of which to be determined by the City and Developer. He urges the Council to honor this decision. Alan McCormick, attorney with Garlington Lohn Robinson, represents the Riverbend Homeowners Association. In 2019 they presented a formal offer to the City to trade easements and to look for other solutions for this. The City and his clients met on site and began discussions expected those conversations would continue. Due to COVID and such those conversation were put on hold. Their next introduction to the topic is receiving notice of the draft report. There are no specifications in the report to allow them to examine what a trail might look like through this easement. It was the same case when the City asked for a 124 permit from Fish Wildlife and Parks (FWP) in 2019. FWP issued a draft environmental statement, there were no specifications other than to note the trail would have to go in a six-foot easement, it can only be four feet wide, it would have to be gravel; it would go from an eight- foot wide concrete and abruptly go into a four-foot-wide gravel section. That would never meet ADA 3  CITY COUNCIL MINUTES November 1, 2021 accessibility requirements. It will also be underwater for significant portion of the summertime when people use the trail. Those are major concerns to the homeowners association and should be major concerns to the City as you consider whether a trail can really work in this location. That is why the city reached out to the Condo Association to look at alternative. It needs to be a year-round location and meet ADA accessibility. The City hired KLJ Engineering who issued a memo analyzing all of these alternatives and recommended against building the trail that is report is pushing. KLJ recommends the at grade crossing, which has challenges. The Condominium Association is acting in good faith and having conversations with the City. They are ready to discuss options with the city. Doug Adams stated several years ago, people did talk to MDT and try to get them to put a flashing light at the at-grade crossing. MDT refused to do that. We already have a legal binding easement. We don’t owe the HOA anything. He understands they are worried about devaluing their property and wanting access to the river. Now is the time to build it. The agreement is binding and should be stood for. He encourages the Council to do so. Riley Polumbus, 327 O’Brien Avenue, stated it is amazing what we are doing with the community. We have access to this river that we don’t have access with the lake. The river is one of those places we can enjoy, and it is really an asset. It is just as wonderful at the lake and as the mountain. She believes it is something we can work on together and she hopes the HOA is willing to listen, and the City can listen to work out a solution. We have more engineering now and the ability to figure things out. She is hoping we can come together with a solution. Richard Hildner, 104 5th Street, via Webex, supports extending the bicycle pedestrian path along the Whitefish river from Veterans Memorial bridge to a connection point at roundhouse park. After all this is a city easement. Now is the time to connect the dots on this critical segment. He also lives along the bike pedestrian path and over the years this has afforded him the opportunity to visit with locals, visitors from across the state, and across the country. He sees that as an advantage. He has watched parents shepherd their children across Hwy 93 or pack their bike, trikes, and child carriers up the stairs to Miles Avenue. This is not only inconvenient, but it is dangerous. Now is the time to commit to connecting the dots and to create a safe and user-friendly path that fulfills the goals and intent of the bicycle pedestrian path master plan. He encourages Council to do so with the utmost dispatch. Mayor Muhlfeld allowed for Council to deliberate and act before opening the Communications from the Public for other comment. Councilor Sweeney made a motion, seconded by Councilor Davis to move forward with the recommendations from the Bicycle Pedestrian Path Advisory Committee: 1) Direct City Attorney to re-engage the Riverbend Condo HOA in an effort to secure our easement; 2) Direct the Public Works Department to pursue a design that is least impactful to the river; 3) Once a design is finalized direct the City or the Public Works Department to apply to FWP for a stream permit act 124 permit and other permits as required. Councilor Sweeney stated we have the wherewithal to make this happen. We can all work together to come up with a space and design that will suit both of them. He appreciates the Condo Associations concerns but that is not something that has been a surprise. Councilor Norton has some concerns but thinks it is exciting. Councilor Davis stated this trail segment is extremely important and something we need to follow up on. Looking through the legal easement it is obvious that is intended to run right by the river. Councilor Feury stated if Gary Tallman had not passed away this summer, we would be here today and confirm the trail was supposed to go by the river. He agrees with Mr. Adams, the easement is not in question here. Unfortunately, the only thing we didn’t do at the time was nail down exactly where that easement was, but we had language in there that alluded to that. He does feel for the homeowners, sometimes in the community some of us have to make some 4  CITY COUNCIL MINUTES November 1, 2021 sacrifices and the greater number of people are much better served by finishing out this trail. The motion carried. Mayor Muhlfeld called for a recess. Katie Williams, 427 2nd Street West, Whitefish Housing Authority Board Member, addressed two items on the agenda under Communications from City Manager. Whitefish Housing Authority supports the allocation of ARPA funds to help complete the Snow Lot Townhouse Project. They have identified a gap in funding and the $2 million in ARPA funds would help close the gap allowing them to continue to move the project along. Our Whitefish community is aware of the strain COVID-19 has put on the ability for our Whitefish workforce to rent or buy homes that they can afford. Between record housing prices and an elevated rate of affordable rentals being sold over the past year and a half, local workers have been scrambling to find affordable rentals or homes to purchase, not only in Whitefish but in the valley. Whitefish Housing Authority believes the Snow Lot Townhomes will be a step towards meeting the housing needs in our community. As such the Whitefish Housing Authority would like to use the ARPA funds to pay for the eight units targeted for households in Whitefish making an income not to exceed 80% AMI. This will help close the gap in the financing and make the project a reality. She also addressed the updated site plan for the City-owned property on Monegan Road. The WHA has been working with the Whitefish Community Foundation (WCF), donors Mark and Robin Jones and additional donors to identify and bring forth a large workforce housing development for Whitefish. The project would run through Housing Whitefish, a 501c3 that has been formed by the WHA to provide affordable housing for our workforce. They have been working to identify parcels of land that could be used for the potential development and the eight acres owned by the City at Monegan Road has been identified as a possible solution. The WHA would like to request Councils consideration and support to start the process to potentially identify the parcel for housing development by approving the updated site plan and initiating the steps as described in the packet. WHA would like to thank the Council for their time and consideration, and the City Manager and City staff for their help, time, and efforts in working to identify these parcels. They would also like to thank the WCF in their efforts in trying to create workforce and affordable housing in our community. Mike Jensen, 919 Dakota Avenue, is here as a representative of Flathead Families for Responsible Growth (FFRG). Later this evening Council will be discussing a possible zone change to facilitate and encourage construction of workforce or affordable housing on city property near the Wastewater Treatment Plant. He supports that endeavor and the use of this property. It is good that our city is willing to support our business community and their employees in this way. He encourages the Council to move forward with this effort. He knows there will be strong support for this in the future from the community. Linda Engh-Grady, Whitefish Community Foundation President & CEO, stated the Foundation was approached by donors and philanthropists Mark and Robin Jones who are very interested in making a quality affordable housing program. They are working with Housing Whitefish to make this come about. She hopes Council can consider this so they can move ahead and see if this is a feasible project in rezoning and site plan. Tim Salt, 533 Texas Avenue, provided written comments that are appended to the packet on the website addressing the Texas Avenue Reconstruction Project. They have been involved in the planning process for this project from the beginning. Like their neighbors to the north in the preserved subdivision, they were initially opposed to the improvements on Texas Avenue, but they chose to work with the City staff and contractor in an attempt to achieve the City’s goals of improving the road, while at the same time protecting the rural character of the neighborhood. They feel strongly that the proposal with the meandering trail and the existing power line right way on the west side of the road and the reduced road 5  CITY COUNCIL MINUTES November 1, 2021 width will go a long ways towards maintaining the rural character of the neighborhood by limiting the number of mature trees removed and minimizing the cookie-cutter look to the project. They commend the City Council for listening to their concerns and accommodating them in this proposal. They still have one major unanswered concern, streetlights. Typical streetlights used in similar projects in the city will destroy the night sky experiences in their neighborhood. The proposal calls for a decorative lighting. Their beautiful neighborhood does not need to be decorated. The only plausible argument for streetlights other than being decorative is to light the meandering path to be constructed on the west side of the road. They believe there is a better way to do that than the typical city streetlight. They recommend installing bollard style lights along the path as was done at the intersection of Highway 93 and State Park Road. The lower-level light will effectively light the path with minimum light pollution. If this simple and proven mitigation is added to this proposal, they would offer their full support for this project. Dick Zoellner, 1365 Voerman Road, spoke towards the proposed housing on Monegan Road. The Growth Policy states development should not take place until a connector road developed. It ought to be abided by. Reuben Castron, Citizens for a Better Flathead, Kalispell, provided written comments that are appended to the packet on the website regarding the updated site plan on Monegan Road. They support this updated site plan but should be slightly amended to include the possibility of a central recycling facility located there. A centralized recycling center will minimally affect the intent of this proposal. They believe it can be included and nothing would be affected. They encourage to do that and keep all options on the table. Chris Schustrom, 504 Spokane Avenue, commented on the Spokane Avenue Watermain Replacement Project and the subsequent overlay that is going to take place and reminded staff that anytime there is a cover that is going to be installed in the roadway or a manhole cover moved or adjusted those items should be out of the wheel path. He also coordinates the Whitefish winter decorations as part of the Whitefish Shines Committee. The decorations will be hung on Sunday November 21st. Volunteers are welcomed and needed to help with that community involvement. Volunteers should meet at the intersection of 3rd Street and Central Avenue at 8:00 a.m. and bring gloves and dress for the weather. He thanked the City for being an excellent partner to the organization in this long-time project and we look to seeing everyone who can help out on November 21st. Jerry Dunker, 84 Armory Road, partner in the Trailview development north of the Monegan Road updated site plan. He strongly supports that site for affordable housing. It is a perfect site for what is being proposed. As far as the odor, he is out there almost everyday and has talked to the homeowners and it has not been an issue. Two summers ago, it was a bit of an issue but that has been taken care of now with the new plant. Rhonda Fitzgerald, 412 Lupfer Avenue, commented on the two housing items at the end of the agenda. The Strategic Housing Steering Committee has been working a long time to get some achievements and they are starting to fall into place, which is fabulous. She was on the original Snow Lot Committee, and she attended the open house last month for the Snow Lot and it looks great. It is very much in keeping with the original designs that were developed with the charette with all the neighbors and they are going to be really nice townhomes that will be wonderful to live in and own. She hopes that Council will allocates ARPA funds for the lower income range. It is a great use of the funds, and she commends the City for identifying that. As far as the Monegan Road, it is great that the City has that large parcel and to be able to use 8 acres for affordable housing in a location that is close to town and along the bike path is really great. She encourages the Council to start that process because those are both wonderful solutions and really needed. 6  CITY COUNCIL MINUTES November 1, 2021 5) COMMUNICATIONS FROM VOLUNTEER BOARDS Katie Williams, Whitefish Housing Authority (WHA), provided an update. The WHA held an open house for the Snow Lot based on the initial designs that they have received from their architect, Encompass Architects. They had half a dozen people attend and everyone primarily gave good feedback. They were able to keep a lot of the same design standards that have been initially talked about at the original charette a few years ago. They will have the final designs done by December and the budget should be done by the end of January/February. Additionally, they are working on changing their WALT, which is the Whitefish Area Land Trust 501c3, which they have been doing business as and registered with the State of Montana since June 2020 as Housing Whitefish. They are finalizing the bylaws and board documents so that it will have its own operating separate board. It will be a separate non-profit 501c3 that people can donate and use as tax exempt write-off. They are also looking for board members for Housing Whitefish. They have a notice in the paper, on Facebook and on the website. The idea behind Housing Whitefish is to form public/private partnerships to develop workforce and affordable housing in perpetuity and utilize it to really run with the housing development while the WHA can not only be a pass-through for certain government funded projects but also for any donations from the City. 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 October 18, 2021, Special Session (p.295) b) Minutes from October 18, 2021, Regular Session (p.296) c) Ordinance No. 21-16; An Ordinance approving the 38 Central Hotel Planned Unit Development to overlay Lots 6-10 of Block 27, to develop a three-story commercial building with a 40-suite boutique hotel including a bar and lounge at 38 Central Avenue, Whitefish (Second Reading) (WPUD 21-01)(p.303) d) 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.308) Councilor Sweeney made a motion, seconded by Councilor Hennen to approve the Consent Agenda as presented. The motion carried. 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) Ordinance No. 21-17; An Ordinance amending Title 1, Zoning Regulations, Chapter 2 – Zoning Districts, Chapter 3 – Special Provisions, Section 34 - Medical Marijuana, and Chapter 9 – Definitions, of the Whitefish City Code (First Reading) (WZTA 21-02) (p.319) Planning and Building Director Dave Taylor presented his staff report that is provided in the packet on the website. Mayor Muhlfeld opened the Public Hearing. Chris Schustrom, 504 Spokane Avenue, is concerned about spreading small retail into other zones where it wasn’t intended. He is also concerned about honoring the intent of the specific zones where marijuana sales or sales of any small retail could be located. He asks the Council to allow sales of small retail only in the WB-3 zone as intended by the zoning. He also asks the Council to consider an overlay for marijuana sales. It is possible that by allowing small retail to locate in the WB-2 could cause more small retail to want to locate in the WB-2 which would be contrary to the Downtown Master Plan and Growth Policy identifying the downtown WB-3 district as the general business district for retail in our community. That is a real danger. 7  CITY COUNCIL MINUTES November 1, 2021 Michael Medlin commends and supports the safe access ordinance as drafted by staff and recommended by the Planning Board. Medical marijuana has proven to be a safe herbal alternative to pharmaceuticals. Adult use marijuana has proven to add billions to the economy and created hundreds of thousands of jobs and generated enormous tax revenues. Now regulation has made marijuana use safer through required testing through labeling and now child proof packaging. It has been proven marijuana is less harmful than alcohol and it’s agreed that adults should have a right to use if they wish. He thanks the Council for being open-minded and allowing safe access in our city. Rhonda Fitzgerald, 412 Lupfer Avenue, has concern that we have looked over and over again at the relationship between WB-2 and WB-3 zones. The WB-2 zone is a secondary business district intended for businesses that require a large display or a large storage. There is some sort of gravitational pull toward people wanting to do small retail in the WB-2, which is how you get strip malls and sprawl. WB- 3 is the general business district where all that kind of activity can occur. She doesn’t think marijuana is any different than sunglasses or any other retail product that requires a small display area. She does not think it belongs in the WB-2 as many other things don’t belong in the WB-2, which have been discussed over and over again. She urges Council to continue to control small retail as being appropriate in the WB-3 zone. There being no further public comment, Mayor Muhlfeld closed the Public Hearing and turned the matters over to the Council for their consideration. Councilor Norton made a motion to adopt Ordinance No. 21-17; An Ordinance amending Title 1, Zoning Regulations, Chapter 2 – Zoning Districts, Chapter 3 – Special Provisions, Section 34 - Medical Marijuana, and Chapter 9 – Definitions, of the Whitefish City Code (WZTA 21-02) (First Reading). The motion carried. 8) COMMUNICATIONS FROM PUBLIC WORKS DIRECTOR a) Consideration to Approve Initial Design of Texas Avenue Reconstruction Project (p.348) Public Works Director presented his staff report that is provided in the packet on the website. Councilor Sweeney made a motion, seconded by Councilor Norton to approve the initial design of the Texas Avenue reconstruction project, revisit the lighting with the neighborhood for final recommendation prior to the approval request to bid. The motion carried. b) Consideration to Award Engineering Contract for Spokane Avenue Watermain Replacement Project (p.389) Public Works Director Workman presented his staff report that is provided in the packet on the website. Councilor Hennen made a motion, seconded by Councilor Norton to award the Engineering Contract for the Spokane Avenue Watermain Replacement Project to Morrison Maierle and authorize the City Manager to execute the contract. The motion carried. 9) COMMUNICATIONS FROM CITY MANAGER a) Written report enclosed with the packet. Questions from Mayor and Council? (p.419) Council agreed to move forward with interviewing applicants for an Interim Municipal Judge without a quorum. The interviews will be held on November 16, 2021. 8