Mayor & City Council

CITY COUNCIL WORK SESSION CITY COUNCIL CONFERENCE ROOM 418 EAST SECOND STREET MONDAY, SEPTEMBER 18, 2023 6:00 PM To attend the meeting via Microsoft Teams, and provide live comment on your computer, tablet or smartphone, attendees should go to the web link below. Meeting Link: Microsoft Teams Link Meeting Number: 299 436 834 974 Password: 8uiDCG For the Audio Conference Call option: call the number below and enter the access code. • United States Toll Free: 833-563-1751 Access code: 165 134 893# • We encourage individuals to provide written public comment; to the City Clerk, Michelle Howke at mhowke@cityofwhitefish.org or deliver by 4:00 p.m. Monday, September 18, 2023, to City Hall. Written comments should include name, address, should be short and concise, courteous, and polite. All written comments received by 4:00 p.m. will be provided to the City Council and appended to the packet following the meeting. • Public comment by those attending the meeting "live" via Microsoft Teams or in-person will be limited to three minutes per individual. 1) Call to Order 2) Housing Whitefish presentation of the Workforce Assistance Fund 3) Public Comment 4) Direction to City Manager 5) Adjourn City Council Packet, September 18, 2023 Page 1 of 23 09/12/2023 TO: The City of Whitefish Mayor & City Council RE: Whitefish Workforce Assistance Fund Dear Mayor & Council, I’m writing to provide a brief overview of the Whitefish Workforce Assistance Fund. In partnership with the Chamber of Commerce and the Whitefish Housing Authority, Housing Whitefish is preparing to launch the fund in January 2024. The program is modeled off the Winter Park Housing Assistance Fund, which receives money from the Town of Winter Park, Winter Park Resort, and the Grand Foundation. Since 2017, The Winter Park program has awarded over $952,000, impacting the lives of 2,507 individuals. After speaking with the Grand Foundation several times over the last few months, I’m confident that the Whitefish Workforce Assistance Fund can have a similar reach in our community. The goal of the Whitefish Workforce Assistance Fund is simple: to help full-time employees successfully live and work in the Whitefish area by providing rental assistance. The fund is aimed at helping our workforce retain housing and get into new rental units. This fund is not for emergency housing needs, utility payment aid, or relocation services. In order to qualify for assistance, applicants must 1) be make under 120% of the area median income, 2) must pay more than 30% of their income towards rent, 3) must work an average of 32 hours a week or 1,600 hours a year in a job located in the Whitefish zip-code, 4) currently live in Whitefish or be looking to move to Whitefish to be closer to work or to accept a job. Applicants can apply for monthly rental assistance to “bridge the affordability gap”, with the goal of decreasing the cost burden for renters. We’re recommending a cap of $4,800/year for households, with payments not to exceed 25% of their rent or pushing them under paying 30% of their income on rent. A few examples (reference Housing Assistance Fund Examples for full details): 1. An individual is paying $1,300/month for a one-bedroom apartment. At 30% of their income ($41,230/year), they should be paying $1,031/month. The applicant would be eligible to receive $269/month, paid directly to their housing provider, to bring their rental payments to 30% of their income down from 38%. 2. A family of 3 is paying $2,100 for a 2-bedroom home. At 30% of their income ($65,000), they should be paying $1,625/month. The family is eligible to receive the maximum amount per month of $400 and will go from paying 39% of their income towards rent to paying 31%. 3. A single parent is paying $1,600 for a 2-bedroom apartment. At 30% of their income ($35,000), they should be paying $875/month. Since they can receive no more than 25% of their rental payment from this program, they will receive $400/month. They will go from paying 55% of their income to rent to 41%. City Council Packet, September 18, 2023 Page 2 of 23 We don’t see this program as a long-term solution to our housing challenges in Whitefish. We do, however, see this as a shorter-term program that can assist our workforce while more affordable units are being built. To measure the impact of this program we plan to do pre and post surveys with households that are funded. Our next steps are to secure funding, formalize the program administration, and to connect with potential applicants. We are asking the City of Whitefish to contribute up to $200,000 to launch this pilot program and commit to funding for the subsequent two years (3 years total). After each year of the program an evaluation will be conducted to see where improvements or updates can be made. That will include a review of the funding criteria and policies. There is interest in the business community to support this program, and our goal would be to raise an additional $100,000 for the fund in the first year. I look forward to discussing this more in-depth with you at the work session next week. If you have any questions or clarifications before then, please feel free to call or email. Best Regards, Daniel Sidder Executive Director daniel@housingwhitefish.org; 406-318-6890 City Council Packet, September 18, 2023 Page 3 of 23 Housing Whitefish, the Whitefish Housing Authority, the City of Whitefish (commitment TBD), and the Whitefish Chamber of Commerce have partnered to create the Whitefish Workforce Assistance Fund. This effort is in recognition of the growing housing challenges our community faces as outlined in the 2022 Housing Needs Assessment. The study identified that the wages are not keeping pace with rents and home prices across the region, job growth and housing development are not aligned, and community housing is being lost. The goal of this fund is to help full-time employees to successfully live and work in the Whitefish area by providing rental assistance. This fund is aimed at helping our workforce retain housing and get into new rental units. This fund is not for emergency housing needs, utility payment assistance, or relocation services. Priority will be given to households with at least one household member who is employed in the City of Whitefish, then to those with members employed within the 59937-zip code area, and finally to those with employment outside the 59937-zip code area. Further program eligibility criteria may be established or modified by the fund administrators. All applicants must meet all the following: 1. Applicants must make under 120% of the area median income. Funding will be prioritized based on economic need. 2. Applicants must pay more than 30% of their income towards rent. 3. Applicants must work or have accepted a job in the 59937 zip-code. Applicants that work outside the 59937 zip-code but predominately serve Whitefish residents will be considered. 4. Funding will be considered for members of the Whitefish workforce who live in the 59937 zip- code year-round, or as full-time seasonal workers. a. An applicant is considered a member of the Whitefish workforce if: i. They work on average 32 hours a week or 1600 hours a year. ii. As a single parent (without a co-parent) working 20 hours a week or 1000 hours a year. iii. New residents will be considered for assistance with an employer letter. City Council Packet, September 18, 2023 Page 4 of 23 1. Funds can be used for: a. Monthly rental assistance b. First & last month rent required at move in 2. Funds cannot be used for: a. Security deposit b. Pet deposit c. Moving expenses d. Utility bills e. Back rent or prior expenses 3. Distribution of funds will be made to the housing providers as the funds are needed and requested. Special circumstances may apply. Landlords will need to submit a W9 and will be issued a 1099 at the end of the year. 4. Roommates may separately apply for help if they individually meet the criteria. 5. Only one member of a household may apply. Please reference the table below that shows household size and income limits. 6. An advisory committee will make funding decisions based on the Applicant Criteria and completed application. Upon completion of committee meetings all applicants will be notified of funding decisions. 7. All funding decisions by the committee are considered final. Any changes to approved grant requests must be discussed and reviewed by the committee prior to any use of granted funds. 8. Applicants may reapply annually or upon the signing of a new lease. This is pilot project and there is no guarantee of funding for the following years. 9. Funding won’t be more than 25% of the total monthly rental payment or over $4,800 per year. City Council Packet, September 18, 2023 Page 5 of 23 Please read the above criteria and guidelines carefully to ensure that you are complying with the submission requirements. ATTACHMENTS NEEDED: 1. Include an up-to-date lease. 2. Include the individual’s or family’s previous year tax return. 3. Include your most recent paystubs for the past 3 pay periods. 4. Any other documentation that may help support your application. Applicant Name: Date of Birth: Gender: M/F/Non-conforming/prefer not to share Race/Ethnicity: Mailing Address: Physical Address: Email: ______________________________________________________________________ Phone: _____________________________________________________________________ Place Of Employment: Monthly Income (if married, provide household income): Monthly Rent: Monthly Utilities (if separate): How many beds/baths does your home have? Do you have roommates? Landlord/Property Manager Name: Landlord/Property Contact: Email: Phone: City Council Packet, September 18, 2023 Page 6 of 23 1. Introduce yourself and describe your current housing location/situation as well as your place of employment. 2. Please provide a statement describing your need for this funding. 3. Are you receiving any additional housing support? Yes or No (Include reductions in costs due to subsidized housing, vouchers, discounts, other granting sources, etc.) 4. Have you applied to the Whitefish Workforce Assistance Fund in the past? If yes, when? City Council Packet, September 18, 2023 Page 7 of 23 Please verify that your income range is under 120% of the area median income (AMI) and your rent is more than 30% of your income. Income Limits for 2023 Household Size 30.00% 50.00% 60.00% 80.00% 100.00% 120.00% 1 Person $ 17,640 $ 29,400 $ 35,280 $ 47,040 $ 58,800 $ 70,560 2 Person $ 20,160 $ 33,600 $ 40,320 $ 53,760 $ 67,200 $ 80,640 3 Person $ 22,680 $ 37,800 $ 45,360 $ 60,480 $ 75,600 $ 90,720 4 Person $ 25,200 $ 42,000 $ 50,400 $ 67,200 $ 84,000 $ 100,800 5 Person $ 27,240 $ 45,400 $ 54,480 $ 72,640 $ 90,800 $ 108,960 6 Person $ 29,250 $ 48,750 $ 58,500 $ 78,000 $ 97,500 $ 117,000 7 Person $ 31,260 $ 52,100 $ 62,520 $ 83,360 $ 104,200 $ 125,040 8 Person $ 33,270 $ 55,450 $ 66,540 $ 88,720 $ 110,900 $ 133,080 9 Person $ 35,280 $ 58,800 $ 70,560 $ 94,080 $ 117,600 $ 141,120 10 Person $ 37,290 $ 62,150 $ 74,580 $ 99,440 $ 124,300 $ 149,160 11 Person $ 39,300 $ 65,500 $ 78,600 $ 104,800 $ 131,000 $ 157,200 12 Person $ 41,340 $ 68,900 $ 82,680 $ 110,240 $ 137,800 $ 165,360 Rent Limits for 2023 (Based on 30% of income) Bedrooms (People) 30.00% 50.00% 60.00% 80.00% 100.00% 120.00% FMR Efficiency (1.0) $ 441 $ 735 $ 882 $ 1,176 $ 1,470 $ 1,764 $ 675 1 Bedroom (2.0) $ 504 $ 840 $ 1,008 $ 1,344 $ 1,680 $ 2,016 $ 767 2 Bedrooms (3.0) $ 567 $ 945 $ 1,134 $ 1,512 $ 1,890 $ 2,268 $ 1,010 3 Bedrooms (4.0) $ 630 $ 1,050 $ 1,260 $ 1,680 $ 2,100 $ 2,520 $ 1,435 4 Bedrooms (5.0) $ 681 $ 1,135 $ 1,362 $ 1,816 $ 2,270 $ 2,724 $ 1,720 5 Bedrooms (6.0) $ 731 $ 1,218 $ 1,462 $ 1,950 $ 2,437 $ 2,925 • A couple who is making $47,120 (80% AMI) is renting a two-bedroom apartment for $1,900/month. Spending 30% of their income on housing, they’d be spending $1,346/month on rent. Because 25% of their rent is $475 which is over the monthly cap, the couple would be eligible for the maximum payment per month $400 ($4,800/year) to bring their monthly payments down to an affordable monthly rate. • An individual making $41,230, which is 70% of the AMI, is paying $1,300/month for a one- bedroom apartment. Spending 30% of their income on housing, they’d be paying $1,030/month on rent. The individual would be eligible to receive $3,240 ($270/month) to bring down their monthly payments to 30% of their income. • A three-person family is trying to move to Whitefish to be closer to work. The 2-bedroom apartment they are trying to rent is $2,300/month. Making a combined $83,000/year, they are at 110% of the AMI. The couple is not looking for monthly assistance, but does need help covering the first month, last month, and security deposit on the apartment. As the fund does not cover the security deposit, the family could apply for $4,600 to help them secure the apartment. City Council Packet, September 18, 2023 Page 8 of 23  Workforce Assistance Fund Decision Calculator Affordable % of Income Rent (30% Affordability Monthly Funding Net Rent New % of Household Size Household Income Monthly Income Percent of AMI Rent Price to Rent income) Gap 25% Rent Cap Decision Total $/year w/decision Income to Rent 1 Person $ 41,230 $ 3,436 70% $ 1,300 38% $ 1,031 $ 269 $ 325 $400 Gap $3,231 $ 1,030.75 30.00% 1 Person $ 60,000 $ 5,000 102% $ 1,650 33% $ 1,500 $ 150 $ 413 $400 Gap $1,800 $ 1,500.00 30.00% 1 Person $ 27,000 $ 2,250 46% $ 750 33% $ 675 $ 75 $ 188 $400 Gap $900 $ 675.00 30.00% 1 Person $ 37,500 $ 3,125 64% $ 900 29% $ 938 $ (38) $ 225 $400 No Funding $0 $ 900.00 28.80% 2 Person $ 35,000 $ 2,917 52% $ 1,600 55% $ 875 $ 725 $ 400 $400 Monthly Cap $4,800 $ 1,200.00 41.14% 2 Person $ 51,267 $ 4,272 68% $ 1,400 33% $ 1,282 $ 118 $ 350 $400 Gap $1,420 $ 1,281.68 30.00% 3 Person $ 65,000 $ 5,417 86% $ 2,100 39% $ 1,625 $ 475 $ 525 $400 Monthly Cap $4,800 $ 1,700.00 31.38% 4 Person $ 60,280 $ 5,023 72% $ 2,250 45% $ 1,507 $ 743 $ 563 $400 Monthly Cap $4,800 $ 1,850.00 36.83% 5 Person $ 63,345 $ 5,279 70% $ 2,600 49% $ 1,584 $ 1,016 $ 650 $400 Monthly Cap $4,800 $ 2,200.00 41.68% City Council Packet, September 18, 2023 Page 9 of 23  CITY COUNCIL REGULAR MEETING AGENDA The Following is a summary of the items to come before the City Council at its regular session to be held on Monday, September 18, 2023 at 7:10 p.m. at City Hall 418 East Second Street, 2nd Floor Hybrid (In-person and/or Remotely via Teams) To attend the meeting via Microsoft Teams, and provide live comment on your computer, tablet or smartphone, attendees should go to the web link below. Meeting Link: Microsoft Teams Link Meeting Number: 299 436 834 974 Password: 8uiDCG For the Audio Conference Call option: call the number below and enter the access code. • United States Toll Free: 833-563-1751 Access code: 165 134 893# • View live streaming (not to provide comment) on the City of Whitefish YouTube Channel • We encourage individuals to provide written public comment; to the City Clerk, Michelle Howke at mhowke@cityofwhitefish.org or deliver by 4:00 p.m. Monday, September 18, 2023, to City Hall. Written comments should include name, address, should be short and concise, courteous, and polite. All written comments received by 4:00 p.m. will be provided to the City Council and appended to the packet following the meeting. • Public comment by those attending the meeting "live" via Microsoft Teams or in-person will be limited to three minutes per individual. Ordinance numbers start with 23-20. Resolution numbers start with 23-32. 1) CALL TO ORDER 2) 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) 4) COMMUNICATIONS FROM VOLUNTEER BOARDS 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 5, 2023, Regular Meeting (p.17) b) Ordinance No. 23-18; An Ordinance repealing § 1-6-2-E-3 of the Whitefish City Code (Second Reading) (p.21) 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)) None 7) COMMUNICATIONS FROM CITY MANAGER a) Written report enclosed with the packet. Questions from Mayor and Council? (p.23) b) Other items arising between September 13th through September 18th 8) COMMUNICATIONS FROM MAYOR AND CITY COUNCILORS 9) ADJOURNMENT (Resolution 08-10 establishes 11:00 p.m. as end of meeting unless extended to 11:30 by majority) City Council Packet, September 18, 2023 Page 10 of 23 The following Principles for Civil Dialogue are adopted on 2/20/2007 for use by the City Council and by all boards, committees and personnel of the City of Whitefish:  We provide a safe environment where individual perspectives are respected, heard, and acknowledged.  We are responsible for respectful and courteous dialogue and participation.  We respect diverse opinions as a means to find solutions based on common ground.  We encourage and value broad community participation.  We encourage creative approaches to engage public participation.  We value informed decision-making and take personal responsibility to educate and be educated.  We believe that respectful public dialogue fosters healthy community relationships, understanding, and problem-solving.  We acknowledge, consider and respect the natural tensions created by collaboration, change and transition.  We follow the rules and guidelines established for each meeting. Adopted by Resolution 07-09 February 20, 2007 City Council Packet, September 18, 2023 Page 11 of 23 (This page left blank intentionally to separate printed sections) City Council Packet, September 18, 2023 Page 12 of 23 September 13, 2023 The Honorable Mayor Muhlfeld and City Councilors City of Whitefish Whitefish, Montana Mayor Muhlfeld and City Councilors: Monday, September 18, 2023 City Council Agenda Report There will be a work session at 6:00pm for a presentation from Housing Whitefish on the Whitefish Workforce Assistance Fund. Food will be provided. The regular Council meeting will begin at 7:10 p.m. 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 5, 2023, Regular Meeting (p.17) b) Ordinance No. 23-18; An Ordinance repealing § 1-6-2-E-3 of the Whitefish City Code (Second Reading) (p.21) RECOMMENDATION: Staff respectfully recommends that the City Council approve the Consent Agenda. Item “a” is an administrative matter; Item “b” is a legislative matter. 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)) None COMMUNICATIONS FROM CITY MANAGER a) Written report enclosed with the packet. Questions from Mayor and Council? (p.23) b) Other items arising between September 13th through September 18th COMMUNICATIONS FROM MAYOR AND CITY COUNCILORS ADJOURNMENT Sincerely, Dana Smith, C.P.A City Manager City Council Packet, September 18, 2023 Page 13 of 23 PARLIAMENTARY MOTIONS GUIDE Based on Robert’s Rules of Order Newly Nevised (11th Edition) and www.jimslaughter.com The motions below are listed in order of precedence. Any motion can be introduced if it is higher on the chart than the pending motion. PRIVILEDGED MOTIONS YOU WANT TO: YOU SAY: INTERRUPT? 2ND? DEBATE? AMEND? VOTE? RECONSIDER? Adjourn I move to adjourn No Yes No No Majority Yes Take a break I move to recess for No Yes No Yes Majority No Register complaint I rise to a question Yes No No No None No of priviledge Orders of the day I call for the orders Yes No No No None No of the day SUBSIDIARY MOTIONS YOU WANT TO: YOU SAY: INTERRUPT? 2ND? DEBATE? AMEND? VOTE? RECONSIDER? Lay aside temporarily I move to lay the Yes Yes No No Majority Negative question on the table vote only Close debate I move the No Yes No No 2/3 Yes previous question Limit / extend debate I move that debate No Yes No Yes 2/3 Yes be limited to... Postpone to a I move to postpone No Yes Yes Yes Majority Yes certain time the motion to... Refer to a committee I move to refer No Yes Yes Yes Majority Yes the motion to... Amend a motion I move to amend No Yes Yes Yes Majority Yes the motion by... Kill main motion I move that the motion No Yes Yes No Majority Affirmative be postponed indefinitely City Council Packet, September 18, 2023 Page 14 of 23 vote only  MAIN MOTIONS YOU WANT TO: YOU SAY: INTERRUPT? 2ND? DEBATE? AMEND? VOTE? RECONSIDER? Bring business to motion I move that (or “to”)... No Yes Yes Yes Majority Yes No order of precedence. Arise incidentally and decided immediately. INCIDENTAL MOTIONS YOU WANT TO: YOU SAY: INTERRUPT? 2ND? DEBATE? AMEND? VOTE? RECONSIDER? Enforce rules Point of order Yes No No No None No Submit matter I appeal from the Yes Yes Varies No Majority Yes to assembly decision of the chair Suspend rules I move to suspend the No Yes No No 2/3 No rules which... Avoid main motion I object to the Yes No No No 2/3 Negative altogether consideration of vote only the question Divide motion / I move to divide No Yes No Yes Majority No question the question Demand rising vote I call for a division Yes No No No None No Paliamentary law Parliamentary inquiry Yes (if urgent) No No No None No question Request information A point of information, Yes (if urgent) No No No None No please. No order of precedence. Introduce only when nothing else pending. RENEWAL MOTIONS YOU WANT TO: YOU SAY: INTERRUPT? 2ND? DEBATE? AMEND? VOTE? RECONSIDER? Take matter from table I move to take No Yes No No Majority No from the table... Cancel or change I move to rescind / No Yes Yes Yes 2/3 or majority Negative previous action amend the motion... w/notice vote only Reconsider motion I move to reconsider No Yes Varies No Majority No the vote on... City Council Packet, September 18, 2023 Page 15 of 23 (This page left blank intentionally to separate printed sections) City Council Packet, September 18, 2023 Page 16 of 23  WHITEFISH CITY COUNCIL September 5, 2023 7:10 P.M. 1) CALL TO ORDER Mayor Muhlfeld called the meeting to order. Councilors present were Feury, Davis, Sweeney, and Norton. Councilors Qunell and Caltabiano attended virtually. 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, Fire Chief Hadley, and Senior Planner Compton-Ring. Approximately 6 people were in the audience and 0 attended virtually. 2) PLEDGE OF ALLEGIANCE Mayor Muhlfeld asked Dick Zoellner 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) Ed Docter, Montana Tap House, reported the Fish Tank podcast is going well. The debate is scheduled for September 28th at 6:00 pm. Dick Zoellner, 1365 Voerman Road attended the Growth Policy public meeting last week. He suggested neighborhood meetings would the best thing to do for getting feedback. 4) COMMUNICATIONS FROM VOLUNTEER BOARDS None 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 August 21, 2023, Regular Meeting (p.31) b) Ordinance No. 23-17; An Ordinance amending Chapter 2, Solid Waste, of Title 4 of the Whitefish City Code (Second Reading) (p.35) c) Resolution No. 23-__; A Resolution of intention to annex and incorporate within the boundaries of the City of Whitefish by petition and consent of the property owner approximately 11.63 acres of land known as 5975 U.S. Highway 93 South in Section 12, Township 30 North, Range 22 West, in Whitefish, Montana, and zone the property to WB-T (Business Transitional District), based on the findings of fact in the staff report, and set a public hearing for October 2, 2023 (WAR 23-03) (p.40) d) Consideration of a recommendation for confirmation of Police Officer Michael Hingiss pursuant to MCA § 7-32-4113 (p.83) e) City Council consent to the City Manager’s appointment of Cole Hadley to Fire Chief pursuant to MCA § 7-33-4106 (p.84) Mayor Muhlfeld congratulated Officer Hingiss for completing his one-year probationary period. Councilor Sweeney made a motion, seconded by Councilor Feury to approve the Consent Agenda as presented. Councilor Sweeney congratulated Fire Chief Hadley and welcomed him aboard. The motion carried including Councilor Qunell and Caltabiano voting virtually, (Councilor Caltabiano’ s camera was off at the time). City Council Packet, September 18, 2023 Page 17 of 23  CITY COUNCIL MINUTES September 5, 2023 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)) a) Ordinance No. 23-18; An Ordinance repealing § 1-6-2-E-3 of the Whitefish City Code (p.86) Attorney Jacobs presented her staff report that is provided in the packet on the website. Mayor Muhlfeld opened the Public Hearing. Mike Hein, 612 Lupfer Avenue, provided a letter that is appended to the packet. He has a small issue for discussion and consideration. The ordinances that have decent should require the council to fully weigh in. He doesn’t think philosophically making it easier to pass an ordinance is a great idea. Elections have consequences with change. Could the system be somewhat gamed by bringing ordinances on days when we know the attendance is going to be short? He is opposed, not enthusiastically, but something to consider. 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 addressed Mr. Hein’s comments. The rules state in second reading of an ordinance, whoever voted in the affirmative can call out for further consideration. He wanted to state that the case is whoever voted with the prevalent side, can reconsider the ordinance. Councilor Norton made a motion, seconded by Councilor Davis to approve Ordinance No. 23-18; An Ordinance repealing § 1-6-2-E-3 of the Whitefish City Code. The motion carried. 7) COMMUNICATIONS FROM FIRE CHIEF a) Ordinance No. 23-19; An Ordinance of the City Council of the City of Whitefish, Montana, repealing Emergency Ordinance No. 23-16 and lifting Stage I and Stage II Fire Restrictions within City limits (First Reading) (p.90) Fire Chief Hadley presented his staff report that is provided in the packet on the website. Councilor Davis made a motion, seconded by Councilor Sweeney to adopt Ordinance No. 23-19; An Ordinance of the City Council of the City of Whitefish, Montana, repealing Emergency Ordinance No. 23-16 and lifting Stage I and Stage II Fire Restrictions within City limits. The motion carried. 8) COMMUNICATIONS FROM CITY MANAGER a) Written report enclosed with the packet. Questions from Mayor and Council? (p.96) None b) Other items arising between August 30th through September 5th. City Manager Smith provided more information regarding the Montana League of Cities and Towns (MLCT) in her manager’s report. The city participated in Support Local social media network platform that was created for communities in Montana to be able to encourage individuals to think locally when it came to the Montana Legislature. In preparation for the next legislative session, MLCT would like to continue work to have this campaign of Support Local where you can share what cities and public employees are doing to get a good message out. They want to include a statewide poll regarding individuals’ thoughts on property taxes and other local government issues. This will allow them to create a strong narrative around what property 2 City Council Packet, September 18, 2023 Page 18 of 23  CITY COUNCIL MINUTES September 5, 2023 taxes do for individuals. There is a cost for the statewide poll that will be shared with cities who participate in the Support Local campaign. The cost for Whitefish for both the poll and to be included in the campaign will total $9,000. The Council collaboratively agreed to be included in the campaign and include the statewide poll. 9) COMMUNICATIONS FROM MAYOR AND CITY COUNCILORS Council continued discussion pertaining to the Viaduct Improvement project that occurred during the work session prior to the regular meeting. Councilor Norton stated from the pictures provided in the presentation, the viaduct doesn’t look any different, but it will function better. She thinks the landscaping at the entrances will improve the look. Councilor Davis asked, and Director Workman stated the lighting improvements would be decorative lighting on both sides of the viaduct, east and west, of both approaches, north and south. Councilor Davis asked, and Director Workman stated the jersey barriers can be painted. Manager Smith cautioned on painting the barriers will add annual maintenance and be an ongoing cost. Councilor Davis asked, and Director Workman stated the Downtown Master Plan calls for removal of both slip lanes and improve the pedestrian crossing. The southeast side section will be more controversial and cost more money. Councilor Qunell stated he is uncomfortable with the cost for what we are getting. He is wondering if we need to save money until we can do a full upgrade. He understands the need to widen the pedestrian path across the viaduct. Councilor Norton stated moving the barriers and widening the path is a significant improvement. She understands the concerns with the cost, but she feels we need to start moving projects forward. The purpose of the viaduct is to convey people from one side to the other. She is okay moving forward. The Wisconsin Avenue Corridor Plan encourage foot traffic over the viaduct to encourage growth on the north side of the viaduct. Councilor Feury shares Councilor Qunell’s concern with the cost. The cost seems high. The bike path leads you onto the sidewalk of the viaduct and there is too much traffic in a small area. To him it is 100% a safety issue. He is all for moving forward. After some discussion, four of the six Councilors agreed to direct staff to move this project forward with the current proposal. Councilor Norton stated she has been in communication with Justine, FWP Bear Specialist. She asked and Manager Smith stated the ordinance that just passed second reading will go into effect October 5 th. All garbage containers must be securely latched when placed outside. The ordinance allows the containers to be set out prior to the collection, no earlier than 7:00 pm the night before collection and no later than 7:00 pm the night of collection. If the cans are filled too full, properties can pay for another can. Waste is no longer allowed outside the container. Councilor Sweeney stated he resided on the edge of the city limits. The county does not require animal resistant containers, which is causing an issue with bears. He advocates that the county consider requiring it of all garbage customers. He addressed the letter from the Gordon’s on Lacy Lane pertaining to the garbage containers. Director Workman does recall the large 5-yard containers were eliminated as part of this process. Staff will touch base with Republic on these issues. Councilor Qunell mentioned as the temperatures change it is good to keep in mind mental health as the days get shorter. Councilor Caltabiano agreed with Councilor Qunell on mental health, and he also congratulated Fire Chief Hadley. 3 City Council Packet, September 18, 2023 Page 19 of 23  CITY COUNCIL MINUTES September 5, 2023 Councilor Feury mentioned and asked staff to investigate the multiple banners that are on display at a construction site on Wisconsin Avenue. He asked staff to remind the construction company that one 4x8 banner is permitted. 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 8:08 p.m. Mayor Muhlfeld Attest: Michelle Howke, Whitefish City Clerk 4 City Council Packet, September 18, 2023 Page 20 of 23  ORDINANCE NO. 23-18 An Ordinance of the City Council of the City of Whitefish, Montana, repealing § 1-6-2-E-3 of the Whitefish City Code. WHEREAS, § 1-6-2-E-3 of the Whitefish City Code provides that no ordinance shall be passed or repealed unless by a vote of the majority of the members elected; and WHEREAS, in recent years, § 1-6-2-E-3, WCC, has presented challenges for the City Council and staff when only a quorum of Council attends a meeting because all four Councilors must vote in favor of the proposed ordinance for it to pass; and WHEREAS, at the regularly scheduled City Council meeting held June 19, 2023, Council directed staff to explore repealing § 1-6-2-E-3, WCC, given the challenges experienced; and WHEREAS, at lawfully noticed City Council meeting held July 17, 2023, staff presented a memo and Council thereafter directed staff to draft a proposed ordinance repealing § 1-6-2-E-3, WCC; and WHEREAS, at a lawfully noticed public hearing on September 5, 2023, the City Council received an oral report and a written report from staff, invited public input, and thereafter approved, by vote of a majority of the members elected, to repeal § 1-6-2-E-3, WCC; and WHEREAS, it will be in the best interests of the City of Whitefish and its inhabitants to repeal § 1-6-2-E-3, WCC. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Whitefish, Montana, as follows: Section 1: All of the recitals set forth above are hereby adopted as Findings of Fact. Section 2: Section 1-6-2-E-3, WCC, is hereby repealed. Section 3: In the event any word, phrase, clause, sentence, paragraph, section or other part of the Ordinance set forth herein is held invalid by a court of competent jurisdiction, such judgment shall affect only that part held invalid, and the remaining provisions thereof shall continue in full force and effect. Section 4: This Ordinance shall take effect thirty (30) days after its adoption by the City Council of the City of Whitefish, Montana, and signing by the Mayor thereof. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF WHITEFISH, MONTANA, THIS ________ DAY OF _______________ 2023. John M. Muhlfeld Mayor ATTEST: Michelle Howke, City Clerk City Council Packet, September 18, 2023 Page 21 of 23 (This page left blank intentionally to separate printed sections) City Council Packet, September 18, 2023 Page 22 of 23 CITY MANAGER’S REPORT September 12, 2023 MEETINGS AND OTHER ITEMS On September 18th, I will begin the ICMA High Performance Leadership Academy, a twelve-week online program. The program includes Course 1: Leadership Mindset & Positive Engagement, Course 2: Leading Effective Change, Course 3: Communication and Collaboration, and Course 4: Leading High Performance Teams. After a few years of responding to various challenges and crisis management, I’m excited for this opportunity to improve my skills and share my knowledge with our team. Parks & Recreation Director Butts will also be participating in the same program this fall. Some of the significant projects that are underway and will be coming forward for the City Council’s consideration over the next two months include: adoption of the Whitefish Fire Department Strategic Plan, adoption of impact fee rates and policies based on the Impact Fee Service Area Report by TischlerBise, updates to the City’s business licensing program based on legislative changes, updates to the City’s Personnel Policy, and updates to the garbage service rates as called for in the FY24 Budget. NEXT CITY COUNCIL MEETING The next City Council meeting is scheduled for Monday, October 2nd. For the work session, the City Council will convene at City Hall and will then travel to the Water Treatment Plant and Wastewater Treatment Plant for a tour of the recent expansion and upgrades. Remote participation will not be available to the public during the work session. Respectfully submitted, Dana M. Smith, CPA City Manager City Council Packet, September 18, 2023 Page 23 of 23