Mayor & City Council

WHITEFISH CITY COUNCIL December 4, 2023 SPECIAL SESSION AT 5:15 P.M. 1) Call to Order Mayor Muhlfeld called the meeting to order. Councilors present were Qunell, Caltabiano, Davis, Sweeney, and Norton. Councilor Feury was absent. City Staff present were, City Clerk Howke, City Manager Smith, Planning and Building Director Taylor. 2) Interviews – Vacant Boards and Committees The City Council interviewed Roger Rowles as an incumbent to the Whitefish Lake and Lakeshore Protection Committee. Leanette Galaz (by phone) and Roxann Gallagher were interviewed for the Whitefish Community Housing Committee. Toby Scott, John Middleton, Whitney Beckham and Phil Boland were interviewed for the newly established Whitefish Community Development Board. 3) Public Comment None 4) Appointment a) Whitefish Lake and Lakeshore Protection Committee – One (1) position, 2-year term, County Lakefront owner, incumbent. Council appointment Councilor Qunell made a motion, seconded by Councilor Caltabiano to re-appoint Roger Rowles for a 2 -year term on the Whitefish Lake and Lakeshore Protection Committee. The motion carried. b) Whitefish Community Housing Committee – Four (4) positions, five (5) letters of interest, one (1) member-at-large, real estate development (2-year term); one (1) member-at-large, fundraising (1-year term); two (2) member-at-large, housing policy, property management, housing programs, end-users of community housing programs, or housing advocacy ((1)1-year term and (1) 2-year term). Mayoral appointment. a. Cameron Blake – Member-at-Large Real Estate Development b. Carolyn Pitman – Member-at-Large Fundraising Three applicants below represent members-at-large with expertise in housing policy, property management, housing programs, end-users of community housing programs, or housing advocacy (appoint two (2)) c. Aaron Wolpert – Member-at-Large Property Management d. Leanette Galaz - Member-at-Large Housing Advocacy e. Roxann Gallagher – Member-at-Large Housing Advocacy Representatives listed below are recommendations to be appointed by non-profit partnership: f. Dwarne Hawkins – Whitefish Housing Authority (2-year term) g. Daniel Sidder – Housing Whitefish (2-year term) h. Rhonda Fitzgerald – Whitefish Convention and Visitors Bureau (1-year term) i. Jeff Raper - Chamber of Commerce (1-year term) j. One Council member – (2-year term) Appointments were made during the regularly scheduled Council meeting proceeding the Closed Executive meeting and are noted in the minutes.  CITY COUNCIL SPECIAL SESSION MINUTES December 4, 2023 c) Whitefish Community Development Board - Five (5) positions; three (3) positions serve one- year term (12/31/2024); two (2) positions serve two-year term (12/31/2025). Four (4) letters of interest. Applicants shall reside within the corporate limits of the city of Whitefish and shall be qualified by knowledge and experience in matters pertaining to the development of the city. Mayoral Appointment. Appointments were made during the regularly scheduled Council meeting proceeding the Closed Executive meeting and are noted in the minutes. ***If time runs out before appointments are made, there will be time at the end of the regular session*** 5) Adjournment Mayor Muhlfeld adjourned the Special Session at 6:35pm and opened the Closed Executive Session. /s/John Muhlfeld Mayor Muhlfeld Attest: /s/Michelle Howke Michelle Howke, Whitefish City Clerk 2  WHITEFISH CITY COUNCIL December 4, 2023 7:10 P.M. 1) CALL TO ORDER Mayor Muhlfeld called the meeting to order. Councilors present were Qunell, Caltabiano, Davis, Sweeney, and Norton. Councilor Feury 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, Parks and Recreation Director Butts, Police Chief Kelch and Fire Chief Hadley. Approximately 13 people were in the audience and 1 attended virtually. 2) PLEDGE OF ALLEGIANCE Mayor Muhlfeld asked Richard and Suzanne Hildner to lead the audience in the Pledge of Allegiance. 3) PRESENTATION a) Oaths of Office – Mayor Muhlfeld, Councilors Sweeney, Qunell, and Norton b) 9/11 Memorial Proposal at the Emergency Services Center – Sal Baccaro (p.50) Sal Baccaro presented his staff report that is provided in the packet on the website. Councilor Caltabiano made a motion, seconded by Councilor Sweeney to approve the use of City property located at the Emergency Services Center for a 9/11 memorial. The motion carried. c) Housing Whitefish presenting updated Whitefish Workforce Housing Assistance Fund Program - Daniel Sidder (p.69) i) Consideration of approval for Memorandum of Understanding between the City of Whitefish and the Housing Whitefish regarding the Whitefish Workforce Housing FundAssistance Program (p.78) Daniel Sidder, Executive Director of Housing Whitefish presented his report that is provided in the packet on the website. Councilor Davis made a motion, seconded by Councilor Qunell to approve the Program criteria and guidelines and requirements of the Agreement. The motion carried. 4) PROCLAMATION a) Arbor Day – April 26, 2024 (p.87) Mayor Muhlfeld read the Arbor Day Proclamation to the audience. 5) 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) Richard Hildner, 104 5th St., congratulated Mayor Muhlfeld, and Councilors Qunell, Sweeney, and Norton on their re-election to the City Council. He stated the Council is not always going to make everyone happy, either individually or collectively. The next three years for this council are the utmost important with the review of the Growth Policy which will involve the community. He implores the Council as they work through this to keep in mind that our community is more than our home. It is a place of our heart. 6) COMMUNICATIONS FROM VOLUNTEER BOARDS  CITY COUNCIL MINUTES December 4, 2023 Councilor Caltabiano reported the Bike/Ped Committee have been working on ways to proceed with the path along the river between the 2nd Street bridge and the railroad. After some discussion, the committee voted to take the path to nowhere argument away and treat it as one project and apply for one permit. Essentially the city would bid the project and enter a contract with the developer to reimburse their portion of the path. Staff will draft a report for Council to review in January after meeting with the appropriate stakeholders. Councilor Qunell reported the Planning Board had a meeting in October and decided to dissolve the Planning Board and create the Whitefish Community Development Board. The Whitefish Community Development Board will be tasked with the Growth Policy update. 7) CONSENT AGENDA (The consent agenda is a means of expediting routine matters that require the Council’s action. Debate does not typically occur on consent agenda items. Any member of the Council may remove any item for debate. Such items will typically be debated and acted upon prior to proceeding to the rest of the agenda. Ordinances require 4 votes for passage – Section 1-6-2 (E)(3) WCC) a) Minutes from November 20, 2023, Special Meeting (p.89) b) Minutes from November 20, 2023, Regular Meeting (p.90) c) Ordinance No. 23-29; An Ordinance amending the City’s Business Licensing Provisions to reflect the new Business Registration Program (Second Reading) (p.95) Councilor Sweeney made a motion, seconded by Councilor Caltabiano to approve the Consent Agenda. The motion carried. 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) Resolution No. 23-40; A Resolution to establish an increase in the public usage fee for vending at the Whitefish City Beach Fourth of July Event (p.103) 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 Qunell made a motion, seconded by Councilor Caltabiano to adopt Resolution No. 23-40; A Resolution to establish an increase in the public usage fee for vending at the Whitefish City Beach Fourth of July Event. The motion carried. b) Resolution No. 23-41; A Resolution approving business registration fees, formerly referred to as business license fees (p.108) City Manager Dana Smith 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 matters over to the Council for their consideration. Councilor Sweeney made a motion, seconded by Councilor Qunell to adopt Resolution No. 23-41; A Resolution approving business registration fees, formerly referred to as business license fees. The motion carried. c) Ordinance No. 23-30; An Ordinance amending Title 13, Lake and Lakeshore Protection Regulations, of the Whitefish City Code (First Reading) (p.114) 2  CITY COUNCIL MINUTES December 4, 2023 Planning and Building Director Dave Taylor presented his staff report that is provided in the packet on the website. Mayor Muhlfeld opened the Public Hearing. Toby Scott, 1478 Barkley Lane stated staff did a wonderful job on this update. He urges the Council to vote in favor. There being no further public comment, Mayor Muhlfeld closed the Public Hearing and turned matters over to the Council for their consideration. Councilor Sweeney made a motion, seconded by Councilor Caltabiano to adopt Ordinance No. 23-30; An Ordinance amending Title 13, Lake and Lakeshore Protection Regulations, of the Whitefish City Code (First Reading). The motion carried. d) Consideration of a request from Viewpoint WF LLC, for a Conditional Use Permit for a mixed-use building, located at 114 W. 2nd Street (WCUP 23-06) (p.) Pulled per applicant request. 9) COMMUNICATIONS FROM PARKS AND RECREATION DIRECTOR a) Resolution No. 23-42; A Resolution to establish a fee for childcare for city employees (p.328) Parks and Recreation Director Maria Butts presented her staff report that is provided in the packet on the website. Councilor Norton made a motion, seconded by Councilor Sweeney to adopt Resolution No. 23-42; A Resolution to establish a fee for childcare for city employees. The motion carried. 10) COMMUNICATIONS FROM CITY MANAGER a) Written report enclosed with the packet. Questions from Mayor and Council? (p.333) None. b) Other items arising between November 29th through December 4th. Manager Smith reported the Short-term Rental Specialist/Code Compliance Officer job description has been completed and classified and will be posted in the next few weeks. Staff expects onboarding in February. Councilor Qunell mentioned that he has concerns about the WAVE and the way they treat non-profits that use their facilities, particularly swimming. Manager Smith stated the WAVE has more control over nonprofit use than city use because it is explicitly listed in the lease agreement. c) Consideration of appointing members to the Rating Panel and the Selection Committee for the Wage Market Study (p.334) Manager Smith presented Human Resources Director Sherri Baccaro’s staff report that is provided in the packet. Councilor Qunell made a motion, seconded by Councilor Davis to appoint Sherri Baccaro and Michelle Howke to the Rating Panel, and Sherri Baccaro, Michelle Howke and Councilor Sweeney to the Selection Committee for the Wage Market Study. The motion carried. 3  CITY COUNCIL MINUTES December 4, 2023 11) COMMUNICATIONS FROM MAYOR AND CITY COUNCILORS a) Consideration of appointment to volunteer boards and committees not made during the Special Session proceeding tonight’s meeting. Mayor Muhlfeld appointed Cameron Blake, Carolyn Pitman, Leanette Galaz, Roxann Gallagher, Dwarne Hawkins, Daniel Sidder, Rhonda Fitzgerald, Jeff Raper and Councilor Davis to the Whitefish Community Housing Committee. The Council ratified his motion. Mayor Muhlfeld appointed Toby Scott, John Middleton, Whitney Beckham, and Phil Boland to the Whitefish Community Development Board. The Council ratified his motion. b) Letter from TischlerBise response to Mr. Gillman and Mr. Burg open letter to the City Council (p.336) None c) Letter of request from Nancy Schuber filing a City of Whitefish Ethics and Conflict of Interest complaint (p.338) City Attorney Jacobs has investigated this issue. She reported that Councilor Davis donation of $250 to Councilor Qunell’s campaign was disclosed on Councilor Qunell’s finance report filed for the period from April 20, 2023, to August 14, 2023. Steve recalls he received the donation on August 10th. Councilor Davis donation of $250 to Councilor Sweeney’s campaign was disclosed on Councilor Sweeney’s finance report filed for the period April 27, 2023, to October 13, 2023. Councilor Davis submitted his Planned Unit Development and rezone application to the Planning Department on August 31, 2023. Planning staff noticed the Planning Board and City Council of applications on September 29, 2023. Councilor Davis did not have an application pending when Councilor Qunell received the contribution or when Councilor Sweeney received the contribution. Councilor Qunell was not aware of Councilor Davis’ application until receiving the Planning Board packet in October. Councilor Sweeney was not aware of Councilor Davis’ application until receiving the Council Packet in November. City Attorney Jacobs does not think they had any cause to believe that Councilor Davis had an application pending in the foreseeable future. She does not find that there would have been a violation based on the language of the City’s ethics policy. Montana law states in its statutes governing conduct and ethics; campaign contributions reported as required by statute are not gifts or economic benefits that amount to gifts. Council members as individuals have the right to their own political beliefs if you are not using city funds to espouse those political beliefs. Councilor Norton stated when you run for office, you sign a statement saying you will not disparage the opponents. She feels this complaint was used intentionally for that purpose right before the election. She does not believe this is an ethical query that has merit. Council Comments Councilor Qunell thanked Glacier Nordic Club for getting the trails rolled in Haskill Basin. Councilor Norton asked, and Manager Smith stated in the business district the owner or tenant is required to remove ice, snow, and slush from their adjacent sidewalks or shared use paths from the night’s accumulation. In the residential district, the owner or tenant is required to remove ice, snow, and slush from their adjacent sidewalks or shared use paths within 24 hours of the end of the snow event. Director Butts stated it is the adjacent property 4  CITY COUNCIL MINUTES December 4, 2023 owner’s responsibility to clear the shared use path (to the width of a sidewalk) within 24 hours of the end of the snow event. On the Highway 93 South, Second Street/Highway 93 West and Wisconsin Avenue, the Parks Department assist property owners because they are high traffic areas. Councilor Norton clarified that the city is not out to collect fines from everybody. If the city receives a complaint, the property owner will receive a letter and be given seven days to address the issue. Councilor Norton asked the Council if they would be interested in holding a work session to discuss Council receiving compensation. The Council supported her request. Councilor Caltabiano asked if at the same work session, a discussion pertaining to reallocating the 5% resort tax property rebate. The Council supported Councilor Caltabiano’s request. 12) ADJOURNMENT (Resolution 08-10 establishes 11:00 p.m. as end of meeting unless extended to 11:30 by majority) Mayor Muhlfeld adjourned the meeting at 8:53 p.m. /s/John Muhlfeld Mayor Muhlfeld Attest: /s/ Michelle Howke Michelle Howke, Whitefish City Clerk 5