Mayor & City Council

WHITEFISH CITY COUNCIL March 4, 2024 7:10 P.M. 1) CALL TO ORDER Mayor Muhlfeld called the meeting to order. Councilors present were Qunell, Feury, Caltabiano, Davis, Sweeney, and Norton. 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, Fire Chief Hadley, Senior Planner Compton-Ring, and Housing Coordinator Sponable. Approximately 12 people were in the audience and zero attended virtually. 2) PLEDGE OF ALLEGIANCE Mayor Muhlfeld asked Mallory Phillips 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) Nathan Dugan, 937 Kalispell Avenue, President of Shelter WF, reported he had the opportunity to go to Austin Texas, to attend YIMBY (Yes in My Back Yard) Town 2024. The movement for building more housing and more affordable housing in Montana is alive and well. He reported they are reaching a pivotal point where you can be on the right side of these policies. We see things that come through in some of our highest density residential zones that are way underbuilt. The eight condos that are $1.8 million, would not be $1.8 million if they were 80 condos or 80 apartments. Something to consider. Mallory Phillips, 937 Kalispell Avenue, Shelter WF, commented about affordability and something to think about. When they were in YIMBY Town, they met up with a group from Jackson Wyoming. Currently in Jackson Wyoming, it costs $600,000 to subsidize one unit. If we don’t change things, if we continue to do the status quo in Whitefish, we are on our way to having one unit of affordable housing cost $600,000 in subsidies. It is something to keep in mind. Richard Hildner, 104 5th Street, on behalf of Flathead Families for Responsible Growth (FFRG) with respect to item 7 on the agenda, the Trailview project. FFRG fully supports the request of the Northwest Community Foundation to purchase the land under the three Trailview homes in the amount of $90,000. They agree fully with the recommendations of staff and encourage the Council to move forward with that. Rebecca Norton, 530 Scott Avenue, standing as a citizen because she wanted to bring awareness to Long Covid Awareness Day, which is March 15th. Covid isn’t just an acute infection, it is also a disease process that can go into your body. It is primarily a vascular disease that goes into your blood system and then into the organs and can start to damage the organs. There are over 200 symptoms that people have documented. It is still a dangerous disease. Over 5,000 people dies died in the U.S. last year from Long Covid. The symptoms are subtle, ringing in the ears, brain fog, word finding deficits. We know now that it persists in the body and some people have a genetic predisposition to it. There is still no cure for it. She wanted people to remember that people are still dying of Covid, and people are still going Long every day. Most post viral syndromes take three to five years to recover from. You can recover but you might experience permanent organ damage if you don’t catch things in time. She is doing this as a public outreach. It is the hardest thing  CITY COUNCIL MINUTES March 4, 2024 she has ever lived through, and she is glad to be here. If you feel that you have Long COVID speak to your doctor about it. There are ways to help. 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 February 20, 2024, Regular Meeting (p.31) b) Resolution No. 24-12; A Resolution correcting Resolution No. 24-11, calling for an election on the question of conducting a local government review and establishing a study commission to do so (p.37) Councilor Sweeney made a motion, seconded by Councilor Davis to approve the Consent Agenda as provided. 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)) a) Consideration of a request from IO<3, LLC for a Preliminary Plat to develop nine (9) townhomes on 2.5 acres, located at 2041 River Lakes Parkway, zoned WR-4/WPUD (High Density Multi-Family Residential District with a Planned Unit Development overlay) (WPP 24- 01) (p.41) b) Consideration of a request from IO<3, LLC for a Conditional Use Permit to develop nine (9) townhomes on 2.5 acres located at 2041 River Lakes Parkway, zoned WR-4/WPUD (High Density Multi-Family Residential District with a Planned Unit Development overlay) (WCUP 24-01) (p.228) Senior Planner Wendy Compton-Ring presented her staff report for both agenda item 6a and 6b. The Council will hold one Public Hearing but will require two separate motions. Planner Compton-Ring reviewed the history of this property. In 2018, the City Council approved Ordinance No. 18-23 which was an amendment to Ordinance No. 99-9 which was implementing zoning for part of the Lakes neighborhood that asked that as development took place on this lot, the Springs and the storm pond also be part of that PUD. The future development would come forward with a PUD, but in the intervening years between 1999 and 2018 we substantially changed the PUD ordinance. Back in 1999 it was a site planning tool, but then you had to provide 30% open space, and community benefit. It really changed the type of tool it was. It made more sense to change that to a conditional use permit, so it still maintained the public participation process and was more of a site development tool. That is why you are seeing both a CUP tonight and a Preliminary Plat. After we made this adjustment, the applicant did get approval for a Conditional Use Permit and a subdivision for nine townhomes. So, the project you are seeing is the same. None of the rules that impact this project have changed since 2019. After the project was approved, the neighbors sued the City, but in 2021 the Montana Supreme Court ruled in favor of the City. In the intervening years the application expired, so that is why you are seeing this project again. Mayor Muhlfeld opened the Public Hearing. 2  CITY COUNCIL MINUTES March 4, 2024 Cate Walker, Northwest Design Studio, stated the proposed subdivision is creating nine townhome sublots on two and a half acres. The proposed density is well below the underlying WR-4 zoning district development standards. Additionally, the proposed use is consistent with the growth policy zoning regulations and the approved PUD. These are single family residences, that will be grouped in three two-unit buildings and one- three-unit building. Each residence will be no more than two stories which is keeping with the character of the other residences in the area. Shared access drives are proposed to limit entry and exit points on River Lakes Parkway and River Lakes Drive. The project is intended to dedicate 32,791 square feet of parkland to the city to protect valuable wetlands and improve access to the city park, which is already in place. Jon Lewison, 3069 River Lakes Drive, he lives in the neighborhood adjoining the proposed project. His letter is included in the packet. He stated it all looks very nice on paper. He does not see how we are going to have improved access to any parks. There are three accesses that will be created. One across the street from a music school. There is no way you could probably get eight units comfortably on this lot without paving over a nice little marshland that has been there. The multi-family designation for this piece of property was to accommodate the Springs. He would propose to not go for nine units. Council should consider this a little bit deeper than what has been proposed on paper. Mary Collins, 3002 River Lakes Drive, reiterates everything Mr. Lewison spoke to. There are several reasons why she thinks this CUP should be denied. It is proposed to develop nine townhomes on one residential lot. That is high density housing. This is inappropriate use for a single lot. The entire property has cattails on it and wildlife. It will destroy the integrity of what she feels the city should be protecting, the wetlands and open spaces. It should be developed in a way that makes sense and is reasonable for everyone’s benefit. 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 Feury to approve WPP 24-01 to develop nine (9) townhomes on 2.5 acres, located at 2041 River Lakes Parkway. The motion carried. Councilor Sweeney made a motion, seconded by Councilor Feury to approve WCUP 24-01 to develop nine (9) townhomes on 2.5 acres located at 2041 River Lakes Parkway. Councilor Sweeney stated he feels for the neighbors. When the neighborhood was developed, it was always going to be developed into something, multiple homes, multi-family or commercial. This development is the best you could expect to fit into your neighborhood and be consistent with it. Councilor Norton stated she doesn’t blame the neighbors for being upset because it is a beautiful site, but we also have to allow the person that owns the property to develop it according to our standards. She supports the motion because she feels the owner has the right to develop within the city’s policies. The motion carried. 7) COMMUNICATIONS FROM PLANNING AND BUILDING DIRECTOR a) Consideration of a request from Northwest Montana Community Land Trust to facilitate the purchase of three Trailview homes (p.282) Housing Coordinator Luke Sponable presented his staff report that is provided in the packet on the website. Kim Morisaki, Executive Director of Northwest Montana Community Land Trust stated they purchased land under two homes in Trailview in November. At that time staff requested to change the ground lease specifically for Trailview. They changed it from their typical 25%, which is the increase in appraisal over the period of home ownership. If you own, it for a couple of years and it goes up you get 25%. They changed it to match the City’s current 3%. The beauty of that is when you take the value of the land out, it brings the base down lower so it is going up at a slower amount than you would if you left the land in. The other thing 3  CITY COUNCIL MINUTES March 4, 2024 that was changed in November on their ground lease was they brought it up to the city’s ten-month standard for Trailview instead of nine months. The idea is to allow people to winter in the south, but not sublease it to somebody else. Kim also mentioned that they are very close to having the full amount raised and should have it mostly confirmed here in the next three or four weeks. The City’s contribution would really help push it forward and make it happen and start doing buy sales. Councilor Davis made a motion, seconded by Councilor Qunell to approve the request from Northwest Montana Community Land Trust to facilitate the purchase of three Trailview homes. Councilor Davis made two observations about this. 1) On a per unit basis this is a great way to do affordable housing. 2) We should be working with the Land Trust almost every time we do these kind of deed restricted projects. He thinks this is a great use of funds and appreciates NMCLT help. The motion carried. 8) COMMUNICATIONS FROM FIRE CHIEF a) Consideration to award contract for Ambulance and Fire Rescue billing rate study (p.288) Fire Chief Cole Hadley presented his staff report that is provided in the packet on the website. Councilor Norton made a motion, seconded by Councilor Caltabiano to award the contract for Ambulance and Fire Rescue billing rate study to Baker Tilly Municipal Advisors, LLC, in the amount of $27,500. The motion carried. 9) COMMUNICATION FROM FINANCE DIRECTOR a) Review and consideration of the annual 2023 Impact Fee Report (p.290) Finance Director Lanie Gospodarek presented her staff report that is provided in the packet on the website. Councilor Qunell made a motion, seconded by Councilor Norton to approve the 2023 Impact Fee Report. The motion carried. b) Consideration to negotiate and execute Impact Fee Report Contract to include Transportation (p.295) Finance Director Lanie Gospodarek presented her staff report that is provided in the packet on the website. Councilor Caltabiano made a motion, seconded by Councilor Norton to authorize the City Manager to negotiate a contract for a transportation impact fee study to TischlerBise in the amount of $35,170. The motion carried. 10) COMMUNICATIONS FROM CITY MANAGER a) Written report enclosed with the packet. Questions from Mayor and Council? (p.301) None b) Other items arising between February 28th and March 4th. After some discussion, Council would like staff to look into scheduling the Council retreat for September and October rather than in the Spring. She also mentioned that Codi Evenson, the new Short Term Rental Specialist/Code Compliance Officer is starting on March 18th. 11) COMMUNICATIONS FROM MAYOR AND CITY COUNCILORS 4  CITY COUNCIL MINUTES March 4, 2024 a) Ordinance No. 24-03; An Ordinance amending Whitefish City Code, Title 1, Chapter 7, Section 2, Municipal Judge (First Reading) (p.304) Councilor Caltabiano made a motion, seconded by Councilor Feury to adopt Ordinance No. 24-03; An Ordinance amending Whitefish City Code, Title 1, Chapter 7, Section 2, Municipal Judge (First Reading). The motion carried. b) Resolution No. 24-13; A Resolution setting the salary for the position of Municipal Court Judge (p.307) Councilor Caltabiano made a motion, seconded by Councilor Sweeney to adopt Resolution No. 24-13; A Resolution setting the salary for the position of Municipal Court Judge. The motion carried. Council Comments Councilor Caltabiano brought back to the table the conversation from the work session prior to the meeting pertaining to MAID v State. After some discussion, Councilor Caltabiano made a motion, seconded by Councilor Davis to go with option 1 as presented by staff; do nothing and allow MAID v State to play out. Councilors Sweeney and Norton have concerns and would prefer to do something. The motion to carried on a 4-2 vote with Councilor Sweeney and Norton voting in opposition. 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 8:40 p.m. /s/John Muhlfeld Mayor Muhlfeld Attest: /s/Michelle Howke Michelle Howke, Whitefish City Clerk 5