Mayor & City Council

WHITEFISH CITY COUNCIL February 20, 2024 7:10 P.M. 1) CALL TO ORDER Mayor Muhlfeld called the meeting to order. Councilors present were Feury, Caltabiano, Davis, Sweeney, and Norton. Councilor Qunell was absent. City Staff present were, City Clerk Howke, City Manager Smith (Virtually), City Attorney Jacobs, Finance Director Gospodarek (Virtually), Planning and Building Director Taylor, Public Works Director Workman, Parks and Recreation Director Butts, Police Chief Kelch, Fire Chief Hadley, Planner Loring. Approximately 5 people were in the audience and 2 staff members attended virtually. 2) PLEDGE OF ALLEGIANCE Mayor Muhlfeld asked Carter Unger to lead the audience in the Pledge of Allegiance. 3) PRESENTATION a) Spencer Recreation Expansion Proposal by Whitefish Legacy Partners and Flathead Area Mountain Bikers (p.38) Jedd Sankar-Gorton with Whitefish Legacy Partners (WLP) and Ron Brandt, Executive Director of Flathead Area Mountain Bikers (FAMB) presented the Spencer recreation expansion proposal. WLP in partnership with the City and FAMB administer the Whitefish Trail. The city holds a Special Rec Use License (SRUL) with the state. That is about to time out and they been working with the city, FAMB and WLP and DNRC to generate a new ten-year agreement that will be a Land Use License (LUL). A part of that negotiation is to request recreation expansion, which means more trails, more recreational amenities, and a trailhead. The final proposal will go to DNRC at the time that they sign the LUL. Part of that signature is agreeing that they have received the expansion proposal, and in the next three years, they will conduct the environmental review. A key piece to the proposal is to add a trailhead in the East Spencer area. There is a DNRC access there and is an ideal spot for another trailhead in terms of connectivity into the rest of Spencer Trail. This part of the proposal hinges on MDT going forward on their realignment work on Highway 93 North. Specifically, right there they are thinking of site lines, and that DNRC access. The project is broken into two separate pieces. The East Spencer side is more linear and put a narrow section to not go into neighborhoods or to interfere with Bar W too much to the west. Density in the existing and free ride zone. This is a proposal to DNRC to go through an environmental analysis, and public process. This will be about 9 miles added, and the trailhead provide 30-40 car parking lot. If the trailhead is not approved by DNRC, the East Spencer Whitefish trail connection will not be built. Councilor Sweeney made a motion, seconded by Councilor Caltabiano to support the application to proceed to move forward. The motion carried. 4) COMMUNICATIONS FROM THE PUBLIC– (This time is set aside for the public to comment on items that are either on the agenda, but not a public hearing or on items not on the agenda. City officials do not respond during these comments but may respond or follow-up later on the agenda or at another time. The mayor has the option of limiting such communications to three minutes depending on the number of citizens who want to comment and the length of the meeting agenda) Jessica Tubbs, Whitefish Community Library Board of Trustees Chair, introduced herself and was available for questions regarding the letter that is included in the packet. The letter is recommending the City Council appoint Gail Leonard and David Wiley as Trustees-in-Training.  CITY COUNCIL MINUTES February 20, 2024 5) COMMUNICATIONS FROM VOLUNTEER BOARDS None 6) COMMUNICATIONS FROM MAYOR AND CITY COUNCILORS a) Consideration of a request from the Whitefish Community Library Board of Trustees to appoint Gail Leaonard and David Wiley as Trustees-in-Training to the Whitefish Community Library Board (p.157) Mayor Muhlfeld moved this agenda to address while Whitefish Community Library Board of Trustees Chair, Jessica Tubs, was in attendance. Councilor Caltabiano made a motion, seconded by Councilor Sweeney to appoint Gail Leanord and David Wiley to the Community Library Board of Trustees as Trustees-in-Training. The motion carried. 6)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 February 5, 2024, Closed Executive Session b) Minutes from February 5, 2024, Regular Meeting (p.43) c) Ordinance No. 24-01; An Ordinance approving Alpenglow, Phase II Planned Unit Development, to develop 18 apartments in one building on approximately 0.609 acres of land located at 530 Edgewood Place, Whitefish (WPUD 23-03) (Second Reading) (p.48) d) Ordinance No. 24-02; An Ordinance amending Title 12, Subdivision Regulations, of the Whitefish City Code (WSUB 24-01) (Second Reading) (p.53) e) Consideration of a recommendation for confirmation of Police Officer Timothy Haymond pursuant to M.C.A §7-32-4113 (p.62) Councilor Sweeney made a motion, seconded by Councilor Caltabiano to approve the Consent Agenda. The motion carried. 7)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. 24-09; A Resolution to annex and incorporate within the boundaries of the City of Whitefish by petition and consent of the property owner approximately 1.64 acres of land, known as 34 and 36 East Lakeshore Court in Section 14, Township 31 North, Range 22 West, in Whitefish, Montana, and zone the property to WSR (Suburban Residential) (WAR 24-03) (p.64) Planner Nelson Loring presented his staff report that is provided in the packet on the website. The hearing was noticed, staff did not receive public comment. Mayor Muhlfeld opened the Public Hearing. There being no public comment, Mayor Muhlfeld closed the Public Hearing and turned matters over to the Council to consider. Councilor Sweeney made a motion, seconded by Councilor Feury to approve Resolution No. 24- 09; A Resolution to annex and incorporate within the boundaries of the City of Whitefish by petition and consent of the property owner approximately 1.64 acres of land, known as 34 and 36 East Lakeshore Court. The motion carried. RESOLUTION NO. 24-09 2  CITY COUNCIL MINUTES February 20, 2024 A Resolution to annex and incorporate within the boundaries of the City of Whitefish by petition and consent of the property owner approximately 1.64 acres of land, known as 34 and 36 East Lakeshore Court in Section 14, Township 31 North, Range 22 West, in Whitefish, Montana, and zone the property to WSR (Suburban Residential). WHEREAS, Linda A. Smith Trust has filed a Petition for Annexation with the City Clerk requesting annexation and waiving any right of protest to annexation as the sole owner of real property representing 50% or more of the total area to be annexed. Therefore, the City Council will consider this petition for annexation pursuant to the statutory Annexation by Petition method set forth in Title 7, Chapter 2, Part 46, Montana Code Annotated; and WHEREAS, services to the annexed area will be provided according to the City of Whitefish Extension of Services Plan, amended by the City Council by Resolution No. 21-21, as required by and in conformity with §§ 7-2-4610 and 7-2-4732, MCA, available at the Office of the City Clerk; and WHEREAS, the herein described property is within the City of Whitefish’s Urban Growth Boundary, the City has current and future capacity to serve the property and development, and the owners/developers will pay all costs to extend the municipal sewer and water service to the property; and WHEREAS, it is the Whitefish City Council’s decision to consider this petition for annexation pursuant to the statutory annexation by petition method set for in Title 7, Chapter 2, Part 46 of the Montana Code Annotated; and WHEREAS, pursuant to § 7-2-4211(2), MCA, the City shall include the full width of any public streets or roads, including the rights of way, that are adjacent to the property being annexed; and WHEREAS, because the proposed City zoning district WSR (Suburban Residential) authorizes land uses comparable to the land uses authorized by Flathead County zoning, § 76-2-303, MCA, authorizes the City to conduct the hearing on the annexation in conjunction with the hearing on the zoning of the proposed annexation; and WHEREAS, on February 5, 2024, the City Council approved the resolution of intent to annex and rezone the property; and WHEREAS, the City, pursuant to §§ 76-2-303 and 7-1-4127, MCA, published in a newspaper of general circulation in the City of Whitefish, at least once a week for two successive weeks on December 27, 2023, and February 7, 2024, a notice that a resolution of annexation will appear on the City Council agenda for the regular meeting scheduled for February 20, 2024, at 7:10 p.m., and, at that meeting, the City will hold a public hearing, and thereafter vote to either approve or deny the requested annexation and zoning; and WHEREAS, at its regular meeting held February 20, 2024, the City Council reviewed a written report from staff, received an oral report, invited public comment, and thereafter voted in favor of the requested annexation and zoning; and WHEREAS, it is in the best interest of the City and its inhabitants to annex and zone the subject property WSR (Suburban Residential). 3  CITY COUNCIL MINUTES February 20, 2024 NOW, THEREFORE, BE IT RESOLVED by the City Council, of the City of Whitefish, Montana, as follows: Section 1: The City of Whitefish adopts the recitals set forth above, and the findings in Staff Report WAR 24-03, as findings of fact. Section 2: It is hereby determined by the Whitefish City Council, to be in the best interest of the City of Whitefish, and the inhabitants thereof, as well as the current and future inhabitants of the area to be annexed described herein, that the area be annexed into the City of Whitefish, and that the corporate boundaries of the City of Whitefish be extended to include the boundaries of the area legally described below and to apply City zoning (WSR) to said property: Lot 1 and 2 of Whitefish Lake Summer Homes Addition 1, Amended in Section 14, Township 31 North, Range 22 West, P.M., M. Flathead County, Montana, according to the map, or plat thereof on file, and of record in the office of the county Clerk and Recorder of Flathead County, Montana. Including the full width of any public streets or roads, including the rights-of-way, that are adjacent to the property being annexed. Section 3: The minutes of the City Council meeting of the City of Whitefish, Montana, shall incorporate this Resolution. Section 4: This Resolution shall take effect immediately upon its adoption by the City Council and the signing of the Mayor thereof. RESOLUTION PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF WHITEFISH, MONTANA, ON THIS 20TH DAY OF FEBRUARY 2024. /s/John Muhlfeld________ John M. Muhlfeld, Mayor ATTEST: /s/Michelle Howke Michelle Howke, City Clerk b) Resolution No. 24-__; A Resolution approving a Memorandum of Understanding with the Montana Department of Fish, Wildlife and Parks for the Beaver Lake Fishing Access Site (p.81) This was pulled from the agenda due to the Fish Wildlife and Parks needing more review. c)b) Resolution No. 24-10; A Resolution establishing a Whitefish PACE Program (p.121) City Clerk Howke presented her staff report that is provided in the packet on the website. A notice was published. Staff received one letter in support that is provided in the packet. Mayor Muhlfeld opened the Public Hearing. Robin Paone, Chairperson of the Climate Action Plan Committee, supports this resolution. 4  CITY COUNCIL MINUTES February 20, 2024 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 Davis to approve Resolution No. 24- 10; A Resolution establishing a Whitefish PACE Program. The motion carried. 8)9) COMMUNICATION FROM FIRE CHIEF a) Consideration of awarding a contract to refurbish the Fire Rescue Boat (p.141) Fire Chief Cole Hadley 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 proposal as presented. The motion carried. 9)10) COMMUNICATIONS FROM CITY CLERK a) Resolution No. 24-11; A Resolution calling for an election on the question of conducting a local government review and establishing a study commission to do so (p.144) City Clerk Michelle Howke presented her staff report that is provided in the packet on the website. Councilor Feury made a motion, seconded by Councilor Sweeney to adopt Resolution No. 24- 11; A Resolution calling for an election on the question of conducting a local government review and establishing a study commission to do so, the commission comprised of 5 commissioners, the budget not to exceed 21,445. The motion carried. 10)11) COMMUNICATIONS FROM CITY MANAGER a) Written report enclosed with the packet. Questions from Mayor and Council? (p.150) Councilor Davis comment on the goals that were included in Manager Smith’s report. He was wondering if updating the Ethic’s Policy should be a Council goal. Manager Smith stated it could be a Council goal and could be a part of the goal setting process, or Council could direct staff to work on it outside of the goal setting process and then add it to the FY25 Goals. Councilor Sweeney asked about the Birch Point Quiet Zone crossing. Public Works Director Workman reported the goal is still to construct the project in 2024. Staff has submitted a 60% set of plans to BNSF for their review and working through finance agreement with BNSF and MDT. When those are both in place, we can finalize the plans and construct it. Staff is trying to do the project in conjunction with the safety project that MDT is planning. Which will make this more financially effective. His goal is to have it done in September or October of 2024. Councilor Sweeney also mentioned analyze central recycling site, which is on hold until we get the final roll out of all the bear carts, which was completed this month. Manager Smith stated that is correct, there was a significant delay. We have around a hundred accounts that we are confirming that they have received their bear carts. The intent was this would be rolled out by August of 2022, a lot of it is due to the supply chain of getting the bear carts. b) Other items arising between February 14th and February 20th 5  CITY COUNCIL MINUTES February 20, 2024 Manager Smith stated staff has received a couple complaints about sticker in the downtown area on light poles, signs, and garbage cans. Before that complaint, staff had talked about how we deal with these stickers. City Clerk Howke has worked with Carla in the Parks and Recreation Department to create a volunteer program with the junior high students to help remove the stickers. The garbage cans will be replaced around the downtown area with animal resistant containers. Our hope is that we can get things cleaned up and that will help deter more stickers being placed. She also reported that we have a couple housing request coming forward for use of funds. In March the land trust as well as Housing Whitefish will be coming forward for request for funding. 11)1) COMMUNICATIONS FROM MAYOR AND CITY COUNCILORS a) Consideration of a request from the Whitefish Community Library Board of Trustees to appoint Gail Leaonard and David Wiley as Trustees-in-Training to the Whitefish Community Library Board (p.157) 12) COMMUNICATIONS FROM MAYOR AND CITY COUNCILORS Council comments Councilor Feury reported there is a construction project on Dakota Avenue, the contractors are repeatedly parking their vehicles on the sidewalk, forcing walkers into the street. Mayor Muhlfeld asked, and Manager Smith stated the resort tax that the Big Mountain Fire District is asking for will not create an issue if the City were to annex the properties on Whitefish Mountain Resort. When we annex those properties will be subject to our resort tax, and Big Mountain Resort Tax will no longer have a resort tax in that area. The benefit if they do get it established, the short-term rentals will be used to having a 3% resort tax to collect. Mayor Muhlfeld also mentioned hosting and scheduling a retreat in advance of the goal setting session. 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 8:04 p.m. /s/John Muhlfeld Mayor Muhlfeld Attest: /s/Michelle Howke Michelle Howke, Whitefish City Clerk 6