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Mayor & City Council

Regular Meeting

Whitefish, MT · September 19, 2022

AgendaMinutes

Minutes

WHITEFISH CITY COUNCIL September 19, 2022 SPECIAL SESSION AT 5:15 P.M. 1) Call to Order The meeting was held in-person in the Council Conference Room. Deputy Mayor Sweeney called the meeting to order. Councilors present were Davis, Qunell, Sweeney, Norton and Feury. Councilors Caltabiano was present at 5:26p.m. Staff present were City Manager Smith, City Clerk Howke and Planning and Building Director Taylor 2) Interview City Council interviewed Don Harring for the Whitefish Lake and Lakeshore Protection Committee. 3) Public Comment None 4) Appointment Councilor Sweeney made a motion, seconded by Councilor Qunell to appoint Don Harring to the Whitefish Lake and Lakeshore Protection Committee. The motion carried. 5) Adjourn, Mayor Muhlfeld adjourned the meeting at 5:30 pm and opened the work session. /s/ John Muhlfeld __________________________________ Mayor Muhlfeld Attest: /s/Michelle Howke _____________________________ Michelle Howke, City Clerk WHITEFISH CITY COUNCIL September 19, 2022 7:10 P.M. 1) CALL TO ORDER Mayor Muhlfeld called the meeting to order. Councilors present were Qunell, Feury, Caltabiano, Sweeney, and Norton. Councilor Davis was absent City Staff present were, City Clerk Howke, City Manager Smith, City Attorney Jacobs, Finance Director Gospodarek, Planning and Building Director Taylor, Public Works Director Workman, Police Chief Kelch and Fire Chief Page. Approximately 21 people were in the audience and 1 attended virtually. 2) PLEDGE OF ALLEGIANCE Mayor Muhlfeld asked Suzanne Daniels Hildner to lead the audience in the Pledge of Allegiance. 3) 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) Rebecca Norton, 530 Scott Avenue, as a private citizen, announced there will be a Candidate Forum in the Council Chambers, Friday, September 23, 2022 at 5:00 for the Western District Congressional Candidates. The public is welcome and there will be an opportunity to register to vote. Suzanne Daniel Hildner, 104 E. 5th Street, thanked the Council for implementing the recent mandatory bear proof containers with the help of Republic Services. It is important to our community to implement this kind of measure given the trouble we are having with urban wildlife. The traffic from bears has increased exponentially over the last six or seven years. She is hopeful that this rollout will be smooth. She cannot stress enough how many potential bear human interactions that may not go well, that we are going to avoid by implementing this. Beth Sobba, 333 Baker Avenue read aloud the letter she wrote to the Editor of the local publications. The letter addressed why the City should not be a landlord. Sobba Cycle entered into a lease agreement with the City for the retail space in the parking garage. Sobba Cycle is a high energy beat based cycling studio. Some months after Sobba Cycle opened, Yoga Hive entered into a lease with the City for the east retail space of the parking garage. Yoga Hive began lodging complaints about the loud noise coming from Sobba Cycle classes, disturbing their silence and tranquility. Any landlord inherently accepts the responsibility to choose compatible tenants, that can both operate and thrive within the limitations of their space. The City failed. Rather than work with both businesses to address the problems, the City chose to blame, harass, and threaten Sobba Cycle. Sobba Cycle closed their doors when the City refused to honor their automatic lease renewal. Stating Sobba Cycle was in default due to the loud noise and disturbing the neighboring tenant. With the closing of Sobba Cycle, the city is free to exercise their agreement with Yoga Hive. Sobba Cycle loses, but so does Whitefish. She advises the Council to hire a competent licensed property manager to administer your leases and manage your property. Jan Metzmaker, 915 Dakota Avenue, spoke towards her letter that is on the agenda and is provided in the packet on the website. The letter addresses the issues with deer in the city. Within in the mile and a half from her house to City Hall, she counted at least 12 deer on the road or next to the road. She knows Fish, Wildlife and Parks would very much like to look at this situation, but they can’t do anything unless you invite them in. She is concerned about someone getting killed because of a collision with a deer. She is concerned that rutting season is happening, she is tired of the circus of deer chasing the other deer CITY COUNCIL MINUTES September 19, 2022 around her yard; she is tired of picking up deer poop and ruining her trees and landscaping. We do have a deer problem in this town, and she would like Fish, Wildlife and Parks look at it and evaluate it. Richard Hildner, 104 5th Street, thanked Public Works Director Workman for the paint on the crosswalks and bicycle lanes. He also thanks the City for rolling out the bear resistant containers. It is long overdue, and it is nice to see it coming through. Hopefully the bears will go elsewhere when they can’t get free lunch in Whitefish. 4) COMMUNICATIONS FROM VOLUNTEER BOARDS Councilor Norton stated the Housing Steering Committee met with the housing consultants and reviewed the recent data. We have a lot of work to do. 5) 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 September 6, 2022, Special Session (p.18) b) Minutes from September 6, 2022 Regular Meeting (p.19) c) Ordinance No. 22-12; An Ordinance rezoning approximately 66.4 acres of land located to the east of E. 2nd Street and south of E. Edgewood Drive, known as Tract 3D, 5BA, and 3E (COS No. 2134) in Section 32 and 33, Township 31 North, Range 21 West, P.M.,M., Flathead County, Montana, from County SAG-10 (Suburban Agricultural) and County AG-20 (Agricultural) to WCR (Country Residential District) and WA (Agricultural District), and adopting findings with respect to such rezone (WZC 22-06) (Second Reading) (p.29) d) Ordinance No. 22-13; An Ordinance rezoning approximately 3.4 acres of land located at 1291 East Edgewood Drive in the Northeast Quarter of Section 32, Township 31 North, Range 22 West, P.M.,M., Flathead County, Montana, zoned WI (Industrial and Warehousing District) to WR-2 (Two-Family Residential District) and adopting findings with respect to such rezone (WZC 22-07) (Second Reading) (p.32) e) Ordinance No. 22-14; An Ordinance approving the Edgewood 90 Subdivision Preliminary Plat and Planned Unit Development, to develop a 15-lot mixed-use subdivision to the north of the BNSF Railroad Tracks and south of E. Edgewood Drive, Whitefish (WPP 22-05/WPUD 22-02) (Second Reading) (p.35) f) Resolution No. 22-27; A Resolution adopt a map amendment to the 2007 Whitefish City-County Growth Policy, as requested by 1291 Edgewood, LLC and adopting findings with respect to such amendment (WGPA 22-01) (p.43) g) Ordinance No. 22-15; An Ordinance rezoning approximately 31.171 acres of land known as Tract 3 of COS No. 20440 in Section 1, Township 30 North, Range 22 West, P.M.,M., Flathead County, Montana, from County SAG-5 (Suburban Agricultural) to WCR (Country Residential District), and adopting findings with respect to such rezone (WZC 22-05) (Second Reading) (p.47) h) Resolution No. 22-28; A Resolution Authorizing Participation in the Short-Term Investment Pool (STIP) Montana Board of Investments (p.50) Councilor Sweeney made a motion, seconded by Councilor Norton to approve the Consent Agenda. The motion carried. 6) 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)) 2 CITY COUNCIL MINUTES September 19, 2022 a) Resolution No. 22-__; A Resolution of intent to adopt the 2022 Whitefish Transportation Plan as an amendment to the 2007 Whitefish City-County Growth Policy and adopting findings with respect to such amendment (WPGA 22-02) POSTPONED FROM 9/6/2022 (p.60) Planning and Building Director Taylor presented his staff report that is provided in the packet on the website. Council held a work session prior to the meeting to review the Transportation Plan. Public Works Director Workman addressed questions and concerns that were brought up during the work session and through written public comment. Director Workman stated the plan calls for designated turn lanes on Wisconsin Avenue from Edgewood Place to the Big Mountain Road as shown on pages 123 – 129 of the plan. A Roundabout is proposed at the intersection of Big Mountain Road and East Lakeshore Drive. Comments from the Montana Department of Transportation (MDT) have been addressed in this plan to clarify the outcome of the Downtown Highway Study. MDT requested that we use the term “no build” alternative being their preferred alternative. MDT did complete the Downtown Highway Study with Option C as their recommended alternative. After the Downtown Highway Study was completed, MDT did a press release stating they were going to shelf the report and didn’t have any intention of carrying forward with Option C. The most recent draft of the transportation plan does have that no build alternative. We intent to change the language to state “While MDT has agreed not to proceed with Option C which is the preferred alternative identified in the downtown highway study”. A number of comments from Citizens for a Better Flathead have been addressed and will be corrected as stated below: The last sentence of Goal 1 shall be amended as follows: Establish Uphold and enforce the city’s policy of concurrency so nonmotorized transportation facilities including streets, public safety and emergency services, pedestrian, bikeway, and trail facilities are made available before the impact of the new development. The same goal should include the following language on Page 9: Adopt a Uphold and enforce the city’s concurrency policy as set forth in the 2007 Whitefish Growth Policy requiring developers to provide off- site transportation improvements “upfront” so that facilities are available concurrently with demand. These transportation improvements should include roadways, sidewalks, bikeways, transit infrastructure, trail facilities, other related infrastructure. The strategy on page 10 under Goal #2 should be revised to read or otherwise removed: For developments providing primarily low income or workforce housing developments that promote can clearly demonstrate and document reduced transportation impacts and the ability to meet the transportation needs of its residents through and provide alternative transportation methods, the City motorized transportation concurrency requirements can have more flexible interpretation. The goal on page vi and on page 14 under strategies should be revised to read: Corridor management and preservation: The City of Whitefish will work proactively to preserve the manage major transportation corridors to meet both existing and projected multimodal transportation demands as well as safe emergency access. Require and adopt city standards for required Traffic Impact Statements (TIS) to include analysis that measures and evaluates the levels of current and future congestion during emergency situations like fire and medical emergencies. Given priority to updating Whitefish’s TIS standards as identified within the plan and in more detail on page 146 of the Transportation Plan. 3 CITY COUNCIL MINUTES September 19, 2022 A number of sections in the Strategies talk about concurrency and the recommendation was made by Citizens For a Better Flathead to bring all those together rather than to have them scattered throughout all the different strategies. Director Workman is recommending the plan be changed so that all of the strategies under Goal #7 to be combined to include those concurrency statements. There is one other strategy under Goal #5 which would be added: Develop criteria and require findings within Planning Office Staff Reports that evaluate a proposed development’s compliance with the city’s concurrency policy and mitigation identified within the require TIS. Councilor Qunell asked, and Director Workman stated the multi-modal element of the traffic impact study should be completed by the traffic engineer that is doing the TIS. This plan now will be asking for a higher level of detail when that is provided. Councilor Norton asked, and Director Workman stated this Transportation Plan looks at the network as a whole and it makes a variety of different recommendation on different projects, all of which are intended to improve traffic flow circulation and reduce congestion. If and when there is a specific emergency, we would have a more specific evacuation plan. Each emergency is going to have its own set of criteria. Councilor Norton asked, and Director Workman stated this plan shows separated grade crossings of the railyard in two locations; Columbia Avenue over to Texas Avenue; and East 2nd Street. Councilor Sweeney asked, and Manager Smith stated when we look at evacuations, we are not just looking at city roads. We are looking at county roads. Councilor Sweeney asked, and Director Workman stated there isn’t anything in this plan that states 8 feet is recommended for bike/ped paths. It is carried forward in this plan that 8 feet is an alternative for specific situations. Mayor Muhlfeld stated this document should state what we desire. Councilor Caltabiano asked, and Director Workman stated the State decided to go with the no build alternative in the Downtown Highway Study, which was inaccurate. We talked to them about that, but we still didn’t carry that forward in the plan as you see it today. Councilor Caltabiano is concerned with finances. Mayor Muhlfeld opened the Public Hearing. Bruce Boody, 301 2nd Street, Landscape Architect, provided a handout that is appended to the packet on the website. He has two asks; change the language for the shared use paths in the document to be a minimum of 10 feet, in accordance with ASHTO guidelines. The second ask is we have two segments of trail that have been designed and are ready for construction; those paths have been reduced from 10 feet to 8 feet. He would like to see those reinstated to a 10-foot width. Casey Malmquist, 160 Walker Creek Lane, stated he is doing the two trail segments as Bruce Boody mentioned. They have been suggested to go back down to 8 foot. These two projects compromise about a half mile section trail in the city. It is essential that we build the trails to ADA and ASHTO standards, in the 10-foot configurations. Ed Lieser, 1355 Lion Mountain Drive, states he is a strong advocate for the 10-foot width for pedestrian paths. Jan Metzmaker, 915 Dakota Avenue, agreed we need a 10-foot bike path. She appreciates all the changes made on Wisconsin Avenue with the safe turns, but she has to turn onto LaBrie Drive, it is a dangerous place because you are starting to go down the hill and people can’t see when you are trying to turn left. She has lived on Dakota Avenue for 34 years and she has been waiting for curb, sidewalks and gutters and streetlights and we get a lot of use because people don’t want to be on Wisconsin Avenue. She wishes Council would look at Dakota for some of the changes and make that more user-friendly. 4 CITY COUNCIL MINUTES September 19, 2022 Nelson Rosendahl stated he doesn’t think this plan has significant input from or consultation with the public. He recommends not approving it. He doesn’t see where it improves traffic flow or reduces congestion. Antonia Malchik, 528 W 9th St, mentioned a transportation committee doesn’t seem like a bad idea. She thinks if we are serious about viewing biking and walking as transportation it is really essential to keeping a connected community and an active community. Richard Hildner, 105 4th Street, thinks it is really important to memorialize in this document that 10-foot widths are our standard. He realizes every emergency has a different set of plans, but the fact of the matter is that we have to be able to move people and if you can’t move people, some people are going to find themselves in extremis and they can’t get out of a situation. He thinks the transportation plan has to deal with the question of egress and specifically with wildfire and the developments north of the railroad tracks because that is where one problem is going to happen. There have been some comments and recommendations that have been added to the plan. He suggests the Council to continue this discussion to the next Council meeting, to allow time to look at those comments that were provided by staff. Mayre Flowers, Citizens for a Better Flathead, via Webex, stated we need to figure a way within the Transportation Plan to create standards and benchmarks where congestion is a real issue for not fires or a train issue, but also a powder day on the mountain. She hopes Council will look at establishing a working committee on transportation. The transportation impact studies should address issues of emergency services, and maintenance needs. She would really like the City to establish annual benchmarks and reporting so that it stays front and center. Within their comments she provided that are included in the packet, address the following issues: page 11 goal 3, is a broad goal that if it is not clarified it is not helpful in this plan and it can justify parking reductions that are not based in fact; page 15, goal 7, it is important that we have strategies that have sideboards and are not just blanket; page 16 goals 7, it may be an aspirational goal but it doesn’t have much to measure by or to give direction to establishing some requirements for evaluating whether a proposed development is needing that strategy or not. She doesn’t know if the staff report that accompanies the Transportation Plan tonight still includes the same wording that lines on the map are placeholders showing optimal quarter locations that tie into existing transportation grids. They are in no way binding. She thinks that ties the hands of the city to have that kind of wording in the staff report. The city has to use this plan to require that the development does build this network of roads which is so much needed if we are going to grow. She encourages the Council to leave the public comment period open for the next meeting. There are some important changes being made and she thinks it is an opportunity for all of us to take one harder look at this plan because it is going to be a guide for a long time. 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, seconded by Councilor Sweeney to continue this item to the October 3, 2022 meeting, and keep the Public Hearing open. Councilor Norton thinks the public is concerned about evacuation routes and it would be helpful for the public to know how we would evacuate different areas. She likes the idea of having regular meetings on transportation because almost every development we see becomes a big issue with our infrastructure being so limited. Councilor Qunell stated he will not support the motion. He doesn’t know what we are substantially going to get in two weeks regarding an evacuation plan. That seems to be a pretty heavy lift in terms of coming up with what our plans are going to be based on where it is going to be and what the emergency is. In an emergency situation we leave that up to the Police and Fire Chief. This Plan has been vetted by the 5 CITY COUNCIL MINUTES September 19, 2022 public, contrary to public comment tonight. This has been in the works for over two years. Councilor Caltabiano supports postponing because in good conscience he cannot vote for a plan that clearly states one of the options knowing already that we the City of Whitefish and the State are not in agreement. If we postpone it, he asks that we consider finding a medium ground for which if we continue with this plan 20 years down the road we are working together with the State. Councilor Sweeney supports Councilor Norton’s motion, because it would be prudent of us to actually see the changes in the document before we approve it. Councilor Feury wasn’t going to support it, but Councilor Sweeney convinced him. He is comfortable waiting a couple of weeks. There has been a lot of public input, and so he is comfortable that we have given the public an opportunity to work with this document. The motion carried on 4-1 vote, Councilor Qunell voting in opposition. b) Resolution No. 22-29; A Resolution to establish City Council and Committee Rules and Procedures (p.303) City Attorney Jacobs presented her staff report that is provided in the packet on the website. Discussion followed between Council and Attorney Jacobs; the presiding officer may set time limitations on public comment in the interest of conducting efficient meetings and or to ensure all members of the public that wish to provide testimony are able to do so. The time limit is not codified in state law to three minutes. If an item is pulled from the Consent Agenda, it is not legally required to be debated right away, but that is a situation that came up and you did have to leave the meeting. This document is not anything that is legally required but provides a road map and consistency when circumstances do arise. Pulling from the Consent Agenda is completely different than a motion to reconsider. A motion to reconsider is actually set forth in our code. Proclamations are not provided for in state law and don’t have the force of the law. A proclamation does not provide public participation. An item can be placed on the agenda outside of a regular scheduled meeting. Mayor Muhlfeld opened the Public Hearing. Mayre Flowers, Citizens for a Better Flathead, via Webex, feels the 48-hour notice is inadequate for many issues, in order to participate the public has to be informed and has to have access to materials; she thinks meaningful community dialogue on issues is important to the public, rather than cut people short it is appropriate to allow tools like extending the meeting to the next date. She thinks this policy does not reflect the desires of the public to really be informed and engaged in the decisions of the city. She would also note that she believes that public comment is required to be attached as incorporated into your minutes. She is disappointed, she hopes Council will look at being more creative and inviting in this policy. 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 Caltabiano to approve Resolution 22- 29; A Resolution to establish City Council and Committee Rules and Procedures. Councilor Sweeney stated what this resolution does articulate our practice from years. There is no limitation in here on other than at the presiding officers discretion with needs to be reasonable in any case in terms of restricting the amount of or the number of public comment. This city has a long history of accepting and encouraging comments at the same time to allow this bureaucracy to move forward. On occasion there are needs for limitations and for people who seek to dominate and take other people’s time and comment. Councilor Norton asked, and City Attorney Jacobs stated that is not required by state law to attached written public comments to the minutes. City Clerk Howke stated letters can be appended to the minutes but are appended to the packet and bookmarked and are available online. Councilor Qunell stated we do 6 CITY COUNCIL MINUTES September 19, 2022 allow for more public comment than any other city. We do hear comments about people not having enough time and unfortunately a lot of that is on the people who come in late to the game. He does think we take care and do protect what we are supposed to protect in terms of the public process in this city. The motion to approve carried. 7) COMMUNICATIONS FROM PLANNING AND BUILDING DIRECTOR a) Consideration of a request from Birch Hill Homeowners Association for a Whitefish Lake and Lakeshore Protection Minor Variance to extend an existing grandfathered community dock 20’ out to 163’ in length, located on Parkway Drive (WLV 22-W08) TABLED FROM 9/6/2022 (p.311) Mayor Muhlfeld stated Council received Marsha Sheffels letter that is included in the packet. Mayor Muhlfeld acknowledged Tarn Abell to the podium. Tarn Abell, 520 Parkway Drive, is against the variance application request from the Birch Hill Homeowners Association. Council would be setting a precedence that has never been done. The city council has never allowed a variance for the topography of the lake where people are living. The packets that council has that say this would not affect safety are incorrect. He asked the Council to listen to and respect the work that Director Taylor has done, and the Lakeshore Protection Committee has done. The Lakeshore Committee unanimously denied this. Kitty Curtis, Birch Hill Drive, the issue before the Council tonight as presented by Director Taylor is whether there is the interference with navigation. Council has to make a finding of whether or not that is the case in order to deny the variance. Inaudible, 1230 Birch Hill, has taken care of the dock for the last 17 years, most of it is a no wake zone at this time. From a safety standpoint, it is a boulder field out there. He doesn’t see where 20 feet is going to create any additional safety issues with anybody. Marsha Sheffels, 450 Parkway Drive, is in opposition of the variance request. It should be noted that all members of the Birch Hill community do not support this request. She is a strong advocate of the Whitefish Lake and Lakeshore Protection Regulations and do hope that all involved in the request have read them cover to cover and understand the purpose. The Birch Hill request simply does not meet the criteria for undue hardship. Councilor Norton made a motion, seconded by Councilor Feury to deny the request for a minor lakeshore variance. Councilor Norton stated she trusts the Planning Staff and the Lakeshore Protection Committee; she doesn’t think it is a sufficient hardship. Councilor Feury stated he believes the Planning Staff the Lakeshore Protection Committee made the right call. One of the things for him is this application was made so that they could add two boats. We add lengths to docks for depth issues. That was not what the application and the variance request was for. Councilor Qunell stated he supports Findings #1 and #2 of the staff report. In order for a variance to be met, four criteria must be met. The motion carried. 8) COMMUNICATIONS FROM CITY MANAGER a) Written report enclosed with the packet. Questions from Mayor and Council? (p.423) None 7 CITY COUNCIL MINUTES September 19, 2022 b) Other items arising between September 14th through September 19th Manager Smith gave an update on the bear resistant container rollout. We are having some challenges with this rollout where Republic Services is having challenges. We ask our customers be patient with our utility billing staff. They are doing the best they can. Staff is not getting responses very quickly back from Republic Services. She also reported there will be a Bear Fair special event on October 8th at the Depot Park from 10:00 a.m. to 2:00 p.m. and there will be more notice to go out to the public. The event will educate on how to use the new bear carts, meet with City staff, Republic Services, Fish, Wildlife and Parks. The bear dogs will be there for demonstrations, and you will have the ability to learn to use bear spray. 9) COMMUNICATIONS FROM MAYOR AND CITY COUNCILORS a) Letter from Jan Metzmaker addressing issue with deer population inside city limits (p.474) Councilor Qunell stated that deer are a major problem in this town. We need to start working with FWP to sort some of this out. b) Letter from Stanley family regarding bear proof containers (p.481) Councilor Sweeney does not share the same concerns as the Stanley family regarding bear proof containers. This is something that should have been done a long time ago. Council Comments Councilor Feury stated he flew home from a work trip on Thursday, and with a holiday on Monday, everybody’s garbage pickup was delayed a day. He came down LaBrie Drive at 1:00 a.m., everybody left their can out thinking it was going to be picked up. Every can was down and there was garbage everywhere. A bear took down his plum tree twice this weekend. People who don’t think we have a bear problem they had something else coming. He has received his bear resistant container; everybody should know you have to push the lid down in order for it to latch. Councilor Norton asked Director Workman stated landscaping on Edgewood Place will need to be redone. Councilor Norton was concerned we pay people to put in lawns and we get noxious weeds when we have an ordinance. She hopes it is not happening on every project. She feels auditing through the Resort Tax Committee the end results so that if we keep using the same type of contractor or we need to look at how people that are living with our product are experiencing that. She also mentioned the landfill is not recycling plastics but there is one place in the valley that is accepting plastics. She also has received her bear resistant container. We never used to see bear in the middle of the day, but now we are seeing them, and they are not alarmed by dogs or people. She is thankful that we have the bear resistant containers. Councilor Qunell circled back to page 134 of the Transportation Plan and provided a suggestion for language, under shared use path, the second sentence shared use paths should be 10 feet wide whenever possible; paths 8 feet in width may be allowed for low traffic situations. He suggests shared use paths should be 10 feet wide whenever possible; paths 8 feet in width may be allowed for low traffic situations whereas paths 12 to 14 feet in width are recommended. That falls in line with the ASHTO recommendations directly rather than having that stuff about 8 feet in there. Councilor Qunell addressed some of Councilor Caltabiano’ s comments regarding the two different plans in the Transportation Plan. He thinks we need to be careful and understanding that process and how it all played out. The work that Director Workman is now doing to try to resurrect the pieces that we do agree on. Your characterization 8 CITY COUNCIL MINUTES September 19, 2022 was that we would start rebuilding the road with our own funding because we are at a disagreement with the state. He doesn’t think that is at all accurate of what we are trying to do. Director Workman laid it out pretty clearly when he showed us the diagram that we both agree and trying to move forward with projects now that will meet those needs and then we can deal with the sections that we don’t agree on. Councilor Qunell commended Director Workman for circling back to that and taking another look at that. Councilor Caltabiano stated we need to give staff direction regarding the Whitefish Business Transition Zone that is part of the Highway 93 South Corridor Plan. The Council agreed with a showing of hands for staff to bring back to Council the Transitional Zone for discussion through a work session. 10) 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 9:13 p.m. /s/John Muhlfeld Mayor Muhlfeld Attest: /s/Michelle Howke Michelle Howke, Whitefish City Clerk 9

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