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Mayor & City Council

Regular Meeting

Whitefish, MT · January 3, 2022

AgendaMinutes

Minutes

WHITEFISH CITY COUNCIL January 3, 2022 SPECIAL SESSION AT 5:15 PM 1) Call to Order The meeting was held in-person in the Council Conference Room. Mayor Muhlfeld called the meeting to order. Councilors present were Norton, Sweeney, Qunell, Feury and Hennen. Councilor Davis was absent. Staff present were City Manager Smith and City Clerk Howke. 2) Interviews City Council interviewed Board of Adjustment incumbent Mike Kelley, Planning Board incumbent Chris Gardner, and Kristen Riter, Shoshana Taylor, and Jessica Malberg for the Whitefish representative on the Flathead City-County Board of Health. 3) Public Comment “Z”, commented that Jessica Malberg has been on the Flathead City-County Board of Health and has a lot of knowledge. 4) Appointments Mayor Muhlfeld with ratification from the Council re-appointed Chris Gardner to the Planning Board. Councilor Feury made a motion, seconded by Councilor Sweeney to re-appoint Mike Kelley to the Board of Adjustments. The motion carried. Councilor Norton made a motion, seconded by Councilor Qunell to appoint Jessica Malberg to the Flathead City-County Board of Health for a 3-year term. The motion carried. 5) Adjourn Mayor Muhlfeld adjourned the meeting and opened the Closed Executive Session. /s/John Muhlfeld __________________________________ Mayor Muhlfeld Attest: _____________________________ /s/Michelle Howke Michelle Howke, City Clerk WHITEFISH CITY COUNCIL January 3, 2022 7:10 P.M. 1) CALL TO ORDER Mayor Muhlfeld called the meeting to order. Councilors present were Qunell, Feury, Hennen, Sweeney, and Norton. Councilor Davis was absent. City Staff present were, City Clerk Howke, City Manager Smith, City Attorney Jacobs (remotely via Webex), Finance Director Dahlman, Planning and Building Director Taylor (remotely via Webex), Public Works Director Workman, Parks and Recreation Director Butts, Interim Police Chief Kelch, Fire Chief Page, Senior Planner Compton-Ring, Long-Range Planner Osendorf and Planner I Nymark. Approximately 40 people were in the audience, and 4 people attended remotely via Webex. 2) PRESENTATIONS a) Presentation of plaques to departing City Councilor member Mayor Muhlfeld moved this item to occur after the Consent Agenda and prior to the Oaths of Office. b) Presentation of plaque to the Honorable William E. Hileman’s family Mayor Muhlfeld presented a plaque in honor of Honorable William E. Hileman to Susan Lacosta. Judge Hileman passed away suddenly on October 18, 2021. He was running unopposed for his second term as Municipal Court Judge. 3) PLEDGE OF ALLEGIANCE Mayor Muhlfeld asked Jim Ramlow to lead the audience in the Pledge of Allegiance. 4) 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 December 6, 2021, Special Session (p.38) b) Minutes from December 6, 2021, Regular Session (p.39) c) Minutes from December 20, 2021, Regular Session (p.51) d) Ordinance No. 21-20; An Ordinance amending Title 11, Zoning Regulations, Chapter 3 – Special Provisions, Section 35 – Short Term Rental Standards, and Chapter 9 – Definitions, of the Whitefish City Code (WZTA 21-03) (Second Reading) (p.59) e) Consideration of a request from Donald Davis and Richard Hartline for Final Plat for a minor two-lot subdivision located at 913 and 915 Columbia Avenue, known as Davis Hartline Subdivision (WFP 21-03) (p.74) Councilor Qunell made a motion to remove agenda item 4d) from the Consent Agenda. No discussion required. Councilor Qunell made a motion to reconsider Ordinance No. 21-20, seconded by Councilor Sweeney. The motion carried 3-2 with Councilors Feury and Hennen voting in opposition. Councilor Qunell stated it is unenforceable with respect to restricting rentals from 30-90 days to anyone who is a tourist or remote worker. It is unenforceable as written, and it doesn’t take effect for one year. He agrees we do need to do something now. The part we need most is to try to figure out how to keep our residential neighborhoods for our residents. The way this is written, it tells certain people that they aren’t welcome in our community. His goal is to strip the language from the midterm rental and direct staff to immediately undertake moving these issues into a different part of our zoning code, such as 11- 2-4 articles A – I. CITY COUNCIL MINUTES January 3, 2022 Councilor Sweeney made a motion, seconded by Councilor Hennen to approve the Consent Agenda. The motion carried. Councilor Norton exited the meeting. 2) PRESENTATIONS a) Presentation of plaque to departing City Councilor member Mayor Muhlfeld presented a plaque to Councilor Hennen for his four years of service on the Council. Councilor Hennen stepped down from the dais. 5) OATHS OF OFFICE AND SEATING OF COUNCIL a) Administration of ceremonial oath of office to three (3) City Councilors – Mayor Muhlfeld Mayor Muhlfeld administered the oath of office to re-appointed Councilor Feury and newly appointed Councilor Caltabiano. Councilor Caltabiano took his seat at the dais. b) Election of Deputy Mayor This agenda item as acted upon during Communications from Mayor and City Councilors. 6) 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) Ruben Castren, Citizens for A Better Flathead, Kalispell, spoke towards agenda item 11c) Memorandum of Understanding with Republic Services to continue the current recycling site. He asks the Council to consider the high proposed cost Republic Services has for continuing operation. He recommends Option #2 if the City Council cannot find a solution to reduce this cost. Closing the recycling site for the interim before curbside recycling is implemented would be an inconvenience but not a huge one. There are drop- off facilities in Columbia Falls and at the landfill. He hopes the Council can find a cost-effective solution to this. “Z”, Whitefish, provided comments towards newly appointed Councilor Caltabiano. Her comments were regarding the endorsement Councilor Caltabiano received from the Montana Daily Gazette while campaigning. She stated his photo is still on their website with the headline “Best Candidate Ever” This makes her wonder what position or positions earned him that superlative. Did this endorsement help him get elected? Does he honor the people of Whitefish by condoning domestic extremists and their dangerous propaganda? She asks when he has an opportunity to address the public, perhaps he will take this opportunity to renounce the Montana Daily Gazette. Aaron Wallace, 265 Hawks Lake Lane, Whitefish, is representing Jim and Shawn Kelly Lynn for their Whitefish Lake and Lakeshore Protection permit and variance request that is on the agenda. He will be available for any questions the Council may have. Lisa Jones, via Webex, 314 Blanchard Hollow, commented on Ordinance 21-20; amending Short Term Rental Standards. Whitefish is under high demand for real estate and out of area investors are buying sight unseen because they can rent to the lucrative 30-day market. That is the bleed contributing to the challenges and that is the bleed that we want to stop. She supports any steps Council can make toward 2 CITY COUNCIL MINUTES January 3, 2022 keeping our neighborhoods local. She acknowledges the urgency of the ordinance to address the short- term rental terms for better enforcement is at a critical point. She asks the Council to address it in a timely manner to help offset the bleed of speculative real estate investors that don’t care about our locals or our neighborhoods. She supports all of the Council’s efforts and thanks them for doing the hard work here tonight. 7) COMMUNICATIONS FROM VOLUNTEER BOARDS None 8) 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 Little Bear Development No. 2 LLC for a Preliminary Plat to develop a twenty-lot subdivision located on Fairway Drive, zoned WRR-2 (Medium Density Resort Residential District) and the Whitefish Growth Policy designates this property as ‘Resort Residential’ (WPP 21-05) (p.113) Senior Planner Wendy Compton-Ring presented her staff report that is provided in the packet on the website. Neighbors are concerned with the loss off trees, loss of open space, construction traffic and traffic from the development. Impact of traffic on the privately maintained roads and its contribution to the wear and tear on the roads concerns with the resort residential zoning designation and the density of the project. Council had concerns regarding the tree preservation plan health and safety with respect to pedestrian traffic, and units per acre. Tree preservation is addressed in the Subdivision Regulations and are submitted with the engineering plans. State regulations require staff to look at access; how a property getting access; how is emergency services accessing the project; and also does the project meet city street standards. Grouse Mountain Estates had never had sidewalks. Staff looks at the entire project, which is 7.9 dwelling units per acre. The 25 units on Lot 6 will require a Conditional Use Permit to show the building footprint, parking, and landscaping. Mayor Muhlfeld opened the Public Hearing. Daniel Wright, 606 Geddes Avenue, applicant, via Webex, project manager for Little Bear Development. They are seeking approval of maximum of 56 units or 8 units per acre in the form of 10 duplexes, 29 condo units, and 8 townhomes. The higher density use types are located at the north of the site with the less dense uses to the south. The larger trees have been surveyed to design the lot lines and utilities to maximize tree preservation. They will maintain a buffer surrounding the site as requested in meeting neighboring landowners. Based on the financial limitations and the scale of this project, they are unable to provide deed restricted affordable housing. They realize this is a huge importance to the community and would like to offer a contribution of $100,000 to the Whitefish Housing Authority; $50,000 to be paid upon the completion of sale of the first 10 lots, the remaining $50.000 upon the completion sale of the townhomes. They have met with Lori Collins, Executive Director and the Whitefish Housing Authority and have committed to providing time and services to the Housing Authority by creating a financial model for the development of the Alpenglow 2 Apartments and assisting in any pre- construction processes. The Little Bear development will generate income for the City as well as many other local businesses. They ask for approval today and look forward to answering any questions. Bruce Boody, Landscape Architect, via Webex, stated they did an extensive survey and tried to design their lots so that they are preserving as many trees as possible. As a group, they decided they would have a better chance at preserving the trees if they made their lots slightly bigger. They agree with all the Findings of Fact and the conditions of approval. 3 CITY COUNCIL MINUTES January 3, 2022 Karen Hill, 35 Green Place, President of the Grouse Mountain Homeowners Association, and also representing In Pursuit Collections, owners of Grouse Mountain Lodge. She has two requests; 1) Request Little Bear development move the proposed south entrance north 36 feet, to allow for only one gate placement vs. two; 2) Little Bear development enter into a reciprocal road and utility use and maintenance agreement respecting Fairway Drive up to the HOA lands. Councilor Qunell asked and Karen Hill stated Fairway Drive has been used as a bypass of the city. The road is narrow and does not have sidewalks or streetlights. More families are moving into Grouse Mountain and the members of the HOA are are changing their focus and making child protection their highest priority. Phil Boland, 12 Green Place, agrees with Karen Hill. The proposed development site has been idle for forty years and now it is going to be 20 different plats. That increases the revenue quite a bit to the city in terms of tax assessments, sewer, water, garbage, etc. It is important to note that these are important elements that the city needs to consider if they are making a statement about accepting the development. Ian Hudson, 308 Fairway Drive, serves on the Grouse Mountain HOA Board, stated he is a part of the new families that are moving into this neighborhood. They have two small children and have been welcomed by the older neighbors. There are no sidewalks, and in the winter months, it gets dark quickly. The traffic is becoming dangerous. He appreciates Councilor Qunell’s question about the traffic impact on pedestrians. That is the big thing here. They don’t want to incur the expense of gating their community, but they kind of have to. There is a lot of foot traffic on Fairway Drive, not having a sidewalk on one side could be problematic. Amanda Jenkins, 221 Fox Hollow, stated she has heard concerns from her neighbors in Fox Hollow. She sees the tax revenue that would come in as a result of this project. She believes that this plan takes more away from the community than it gives back. Little Bear development will be able to leverage big expansive views of Whitefish Mountain if the trees are cut down between the proposed development and the soccer field. Current residence will lose a peaceful park setting and a natural buffer between our communities that have been there for a long time. She is opposed to this project because she believes the current natural setting is ideally situated alongside the only park on this side of town. The soccer fields, tennis courts and the rest area are at capacity in the spring, summer and fall. She sees the soccer field will be leveraged even further based on new developments that are already underway to the west. People in her neighborhood will become more inclined to rent their properties versus stay close to town. That changes the character of the town. If a compromise must be made it is her opinion that a large natural buffer of trees should be left between the soccer fields and this development. There are costs to development, more traffic, fewer familiar faces, less attractive landscape. New residents may leave as quickly as they came. People are going to be very transient, close to a long-established community. Sometimes the best course of action is to slow down. Another short-term rental complex is not a fair trade for what it costs our local community. Based on current demand she is sure that we can negotiate with this developer, they are still going to win. She thinks we can ask for a lot more. Rhonda Fitzgerald, 412 Lupfer Avenue, stated this is the last piece of the Grouse Mountain Development, which is single family and some townhouses. This proposed development is very inconsistent with all of that. It’s duplexes, townhouses, single-family would be consistent, but the 25 unit which doubles the density is out of character with the rest of Grouse Mountain. Some of the comments tonight are relevant to that. It is a big difference and creates a lot of problems. Jeff Raper, 719 Kalispell Avenue, stated the zoning for this particular tract of land was done years ago. It hasn’t changed. The original developer platted it and created this 7 acres piece intended for a secondary 4 CITY COUNCIL MINUTES January 3, 2022 hotel to compliment Grouse Mountain Lodge or condominiums that would allow for the use of the zoning. This particular individual who has purchased the land and looking to identify ways to develop it, has actually taken a look at all of the neighboring components and offered something with a lot less density, that is blended. The one piece with potentially 25 units is substantially less than 70 units. It is by nature coming through the subdivision process that this discussion gets to happen. There being no further public comment, Mayor Muhlfeld closed the Public Hearing and turned matters over to the Council for their consideration. Councilor Sweeney asked and Planner Compton-Ring stated a condition could be added requiring moving the entrances to avoid the signs or meet the engineering standards. Councilor Sweeney clarified there is essentially a total density of 45 feet worth of older growth trees that would be maintained between the park area and the development. Councilor Qunell stated part of his concern is public health and safety with respect to pedestrians. He asked if there is a way to go about having the developer work with Grouse Mountain Lodge and Grouse Mountain HOA to improve the stretch of road on Fairway Drive that leads up to this development to add a sidewalk. After some discussion Planner Compton-Ring stated it is not 100% the applicants responsibility. It is an existing condition. The lack of a sidewalk has been a condition since the creation of the subdivision. Attorney Jacobs, via Webex, stated this is not a CUP, it is a subdivision, and we are just reviewing it for the subdivision state law requirements. Manager Smith stated the parking is in the City’s park and is set back from the right of way. So, Council would be conditioning a sidewalk on a city park. That would have to go through Park Board, and we would have to look at how parking could be accommodated. Councilor Caltabiano made a motion, seconded by Councilor Sweeney to approve WPP 21-05, the Finding of Facts in the staff report and the eighteen conditions of approval as recommended by the Whitefish Planning staff in the staff report dated November 10, 2021. Councilor Caltabiano stated he has listened to the city staff and had not heard any new finding of fact. Councilor Qunell stated there is a health and safety issue. They are going to put up a gate. We don’t have gated communities in Whitefish. Putting 56 short-term rentals in this locations is going to cause a traffic issue and all of that traffic is going to be diverted down seventh to Karrow, which does not have a sidewalk. Our infrastructure is not capable of accepting this kind of development in this place at this time. To him short-term rentals is not a residential use. It is a residential zone but taking this one piece of property that was designed to potentially be an addition to a lodge or condos does not meet the definition of residential. Do we want to have 56 new short-term rental units? By approving this we are creating a safety hazard for people that are coming to our community in the short term that are going to be accessing the trail, accessing Grouse Mountain, getting from that development into town and are going to be open to traffic where they are not going to be on a sidewalk. We are creating a greater issue on Karrow that already exists and is a problem. Councilor Sweeney made a motion, seconded by Councilor Qunell to add Condition #19 to require the developer to move the southern entrance 35 feet north to accommodate the issues associated with the Grouse Mountain Estates potential gate. Councilor Caltabiano asked and the applicant Daniel Wright stated it would have a substantial impact cost wise for them to rearrange a substantial portion of the project. They have a section of green space that is located above the sign. Fairway Drive runs through their southernmost corner and the land on the other side of that is their green space. This would mean they would essentially be blocked from access a part of their land. The motion carried on a 3-2 with Councilors Caltabiano and Feury voting in opposition. 5 CITY COUNCIL MINUTES January 3, 2022 The original motion carried on a 3-1 vote with Councilor Qunell voting in opposition. Mayor Muhlfeld asked that the record reflect that Council Norton has been excused from the meeting. b) Consideration of a request from Laurany Gergen for a Conditional Use Permit to construct an accessory apartment above a new garage located at 424 Somers Avenue, zoned WR-2 (Two-Family Residential District) (WCUP 21-24) (p.323) Jessica Nymark, Planner I, 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 Qunell made a motion, seconded by Councilor Caltabiano to approve WCUP 21-24, the Findings of Fact in the staff report, the eight conditions. The motion carried. c) Consideration of a request from Whitefish Christian Academy for a Conditional Use Permit to make temporary classrooms located on the property since 2015 permanent structures, located at 820 Ashar Avenue, zoned WR-1 (One-Family Residential District) (WCUP 21-25) (p.358) Senior Planner Wendy Compton-Ring presented her staff report that is provided in the packet on the website. Mayor Muhlfeld opened the Public Hearing. Matt Lawrence, MT Creative, representing the client stated he has done a preliminary code search and has spoken to Chief Building Official Lisowski. There being no further public comment, Mayor Muhlfeld closed the Public Hearing and turned the matters over to the Council for their consideration. Councilor Caltabiano made a motion, seconded by Councilor Feury to approve WCUP 21-25, the Findings of Fact in the staff report and the nine conditions of approval as recommended by the Planning Board on December 16, 2021. The motion carried. d) Consideration of a request from Joy Keuylian for a Conditional Use Permit to allow a guesthouse at 465 Armory Road, zoned WCR (County Residential District) (WCUP 21-26) (p.386) Planner II Tara Osendorf presented her staff report that is provided in the packet on the website. Mayor Muhlfeld opened the Public Hearing. There being no public comment, therefor Mayor Muhlfeld closed the Public Hearing and turned the matters over to the Council for their consideration. Councilor Caltabiano made a motion, seconded by Councilor Feury to approve WCUP 21-26, the Findings of Fact in the staff report, the eight conditions of approval as recommended by the Whitefish Planning Board. The motion carried. e) Resolution No. 22-01; A Resolution to establish an increase in the parks and facilities fee schedule (p.420) 6 CITY COUNCIL MINUTES January 3, 2022 Parks and Recreation Director Maria Butts 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 Sweeney made a motion, seconded by Councilor Qunell to adopt Resolution No. 22-01; A Resolution to establish an increase in the parks and facilities fee schedule. Discussion followed between staff and Council pertaining to differentiating from residents and non- residents. Councilor Caltabiano made a motion to increase the non-residential schedule 50%. The motion failed for a lack of a second. The original motion to adopt Resolution No. 22-01 carried. Mayor Muhlfeld called for a recess at 9:20 pm and reconvened at 9:30 pm. 9) COMMUNICATIONS FROM PLANNING AND BUILDING DIRECTOR a) Consideration of a request from Jim and Shawn Kelly Lynn for a Whitefish Lake and Lakeshore Permit to replace retaining walls and a minor variance to replace existing non- compliant deck, located at 1240 Birch Point Drive (WLV 21-W54) (p.429) Planner II Tara Osendorf presented her staff report that is provided in the packet on the website. Aaron Wallace, Montana Creative, representing the applicant explained they want to take off the existing wood deck, that is treated wood and replace it with treks decking; replace the existing railing and pull it back about 4 inches, and then pull the roof overhang to about a 6-inch overhang rather than a foot overhang. Councilor Feury made a motion, seconded by Councilor Sweeney to deny WLV 21-54 and approve the Whitefish Lakeshore permit. Councilor Feury stated variances need to satisfy all four criteria and he can’t make that argument. The standards state variances are for maintenance the report states replacing an existing non-compliant deck. This is not fixing a deck it is building a new one and it is in the Lakeshore Protection Zone. We don’t build in the Lakeshore Protection Zone. The motion carried on a 3-2 vote, with Councilors Caltabiano and Qunell voting in opposition. 10) COMMUNICATIONS FROM PUBLIC WORKS DIRECTOR a) Consideration to approve initial Design and Equipment Procurement for the Spokane Avenue Watermain Replacement Project (p.461) Director Workman presented his staff report that is provided in the packet on the website. Councilor Sweeney made a motion, seconded by Councilor Caltabiano to approve the initial Design and Equipment Procurement for the Spokane Avenue Watermain Replacement Project. The motion carried. 11) COMMUNICATIONS FROM CITY MANAGER a) Written report enclosed with the packet. Questions from Mayor and Council? (p.466) None b) Other items arising between December 29th through January 3rd 7 CITY COUNCIL MINUTES January 3, 2022 Manager Smith reported this will be Finance Director Ben Dahlman last Council meeting. Staff wishes Director Dahlman all the best in his new position in Colorado. Interviews are tentatively scheduled for February 2nd or 3rd. Mayor Muhlfeld and Councilor Sweeney have volunteered to serve on the interview committee. Councilor Feury made a motion, seconded by Councilor Caltabiano to appoint Councilor Sweeney as Deputy Mayor. The motion carried. c) Consideration of approval of the Memorandum of Understanding with Republic Services to continue the current Central Recycling Site (p.467) City Manager Smith presented her staff report that is provided in the packet. The Council is recommended to approve one of the two Memorandum of Understanding that is provided in the packet. Councilor Sweeney made a motion, seconded by Councilor Caltabiano to approve option #2, the Recycling Center will be removed as of January 31, 2022. The motion carried. 12) COMMUNICATIONS FROM MAYOR AND CITY COUNCILORS a) Consideration of appointments to volunteer boards and committees not made during the Special Session preceding tonight’s meeting Appointments were made during the Special Session preceding tonight’s meeting. b) Consideration of appointment to the Fire Department Strategic Planning Committee – Mayoral Appointment (p.475) Mayor Muhlfeld, with ratification of the Council appointed Ed McGrew and Cole Hadley to the Fire Department Strategic Planning Committee. c) Appointments of City Council Members to Various Boards, Commissions, and Committees (p.478) i) Park Board – Mayor or Mayor’s Designee – Councilor Sweeney current designee; outgoing Councilor Hennen alternate designee Councilor Sweeney will remain as designee, Councilor Caltabiano will serve as the alternate designee. ii) Resort Tax Monitoring Committee – Mayor or Councilor – Councilor Feury current designee Councilor Feury will remain as the designee. iii) Pedestrian & Bicycle Path Advisory Committee – Mayor or Councilor – Councilor Sweeney current designee Councilor Caltabiano will serve as the designee. iv) Whitefish Tree Advisory Committee – Mayor or Councilor – Councilor Norton current designee Councilor Norton will remain as the designee. 8 CITY COUNCIL MINUTES January 3, 2022 v) Impact Fee Advisory Committee – City Councilor – outgoing Councilor Hennen current designee Councilor Caltabiano will serve as the designee. vi) Insurance (Medical) Committee – two City Councilors as Ex-Officio members- Councilors Norton and Feury current designee Councilors Norton and Feury will remain as the designee. vii) Real Estate Advisors – Mayor and one Councilor – Councilor Feury current designee Mayor Muhlfeld and Councilor Feury will remain as the designees. viii) Legacy Land Advisory Committee, Recreation/Conservation Committee (LLAC) and Whitefish Trail Operations Committee – (two separate committees) Councilor Feury current designee for both LLAC and Trail Operations, Councilor Qunell current designee for LLAC Councilor Feury will remain as the designee for both the LLAC and the Trails Ops Committee. Councilor Qunell will remain as the LLAC designee. ix) Whitefish Planning Board – Councilor – Councilor Qunell current designee and Councilor Sweeney alternate designee Councilor Qunell will remain as the designee. x) Board of Adjustments – Councilors appointed as Temporary Members to fill vacancies – current designee Councilor Hennen and Sweeney Councilors Davis and Sweeney will serve as the alternate designee. xi) Whitefish Climate Action Plan Committee – Mayoral appoint – Councilor Davis current designee Councilor Davis will remain as the designee. xii) Whitefish Strategic Housing Steering Committee – Mayoral – Mayor and two Councilors; and two City staff members; Councilors Norton and Davis current designee; City Manager Smith and Senior Planner Compton-Ring Mayor Muhlfeld, and Councilors Norton and Davis will remain as the designees. xiii) Montana West Economic Development Board of Directors – Councilor Feury current designee Councilor Caltabiano will serve as the designee. xiv) Sustainable Tourism Management Plan Steering Committee – Councilor – Councilor Feury current designee Councilor Feury will remain as the designee and Mayor Muhlfeld will serve as an alternate. Councilor Caltabiano made a motion, seconded by Councilor Sweeney to approve the above appointments. The motion carried. 9 CITY COUNCIL MINUTES January 3, 2022 Council Comments Council pulled Ordinance No. 21-20; An Ordinance amending Title 11, Zoning Regulations, Chapter 3 – Special Provisions, Section 35 – Short Term Rental Standards, and Chapter 9 – Definitions, of the Whitefish City Code (WZTA 21-03) (Second Reading) from the Consent Agenda and did not move forward with the approval of the Consent Agenda. Action is required to either approve it, table it, or postpone to a date certain. After discussion, Councilor Qunell made a motion, seconded by Councilor Caltabiano to adopt Ordinance 21-20; strike out all reference to medium-term rental language and only adopt those referencing short-term rentals. Councilor Qunell thinks this is an opportunity to direct staff to look at other options and come back as soon as possible to address medium term rentals. The motion carried on a 3-1 vote, Councilor Feury voting in opposition. Councilors welcomed Councilor Caltabiano to the Council. Council thanked Director Dahlman for his time and work and wished him well in his next adventure. Council has directed staff to come back in the next 60-days with some suggestions pertaining to medium-term rentals. 13) 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 10:32 p.m. /s/John Muhlfeld _______________________________ Mayor Muhlfeld Attest: _______________________________ /s/Michelle Howke Michelle Howke, Whitefish City Clerk 10

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