Mayor & City Council

WHITEFISH CITY COUNCIL June 3 2024 SPECIAL SESSION AT 5:15 PM 1) Call to Order Deputy Mayor Sweeney called the meeting to order. Councilors present were Caltabiano, Davis, and Qunell. Mayor Muhfeld and Councilors Feury and Norton were absent. Staff present was City Manager Smith, City Clerk Howke and Finance Director Gospodarek. 2) Interview The City Council interviewed Terah Youn for the Resort Tax Monitoring Committee. 3) Public Comment None 4) Appointment Council chose to keep the advertisement open while waiting for other applications. 5) Adjournment Deputy Mayor Sweeney adjourned the meeting at 5:30 and opened the Work Session. /s/Frank J. Sweeney Deputy Mayor Sweeney Attest: /s/Michelle Howke Michelle Howke, Whitefish City Clerk  WHITEFISH CITY COUNCIL June 3, 2024 7:10 P.M. 1) CALL TO ORDER Mayor Muhlfeld called the meeting to order. Councilors present were Qunell, Caltabiano, Davis, and Sweeney. Councilors Feury and Norton were absent. City Staff present were, City Clerk Howke, City Manager Smith, City Attorney Jacobs, Finance Director Gospodarek, Planning and Building Director Taylor, Senior Project Engineer Hilding, Parks and Recreation Director Butts, Police Chief Kelch, Fire Chief Hadley and Senior Planner Compton-Ring. Approximately 30 people were in the audience and 1 attended virtually. 2) PLEDGE OF ALLEGIANCE Mayor Muhlfeld asked Diane Conradi 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) (YouTube: Part I 0:42) Richard Hildner, 104 5th Street, invited the Council and the Whitefish Community to the Community Wildfire Preparedness Workshop that will be held at the O’Shaughnessy Center on June 12th from 6:00pm to 7:30pm. The event is hosted by Families For Responsible Growth and Fire Safe Flathead. 4) COMMUNICATIONS FROM VOLUNTEER BOARDS (YouTube: Part I 3:49) Councilor Caltabiano reported the Bike/Pedestrian Committee appointed Doug Reed as the Vice Chair. The board is also evaluating staff resource dedicated to transportation/trail planning. The request will come forward at the next budget work session. 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.) (YouTube: Part I 4:45) a) Minutes from May 6, 2024, Closed Executive Session b) Minutes from May 20, 2024, Closed Executive Session c) Minutes from May 20, 2024, Special Session (p.62) d) Minutes from May 20, 2024, Regular Meeting (p.63) e) Consideration of approval for a Final Plat, Kellington Place, a 2-lot minor waiver subdivision located at 921 Columbia Avenue, zoned WR-2 (Two-Family Residential District) (WFP 24-02) (p.65) f) Resolution No. 24-19; A Resolution declaring certain property to be unneeded and obsolete, and authorizing the disposal of such property (p.96) Councilor Caltabiano made a motion, seconded by Councilor Sweeney 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. a) Ordinance No. 24-05; An Ordinance approving The Springs Expansion Planned Unit Development, to develop 80 independent living units and 44 active living units in two buildings  CITY COUNCIL MINUTES June 3, 2024 on approximately 5.57 acres of land located at 1501 River Lakes Parkway, Whitefish and amending Ordinance Nos. 99-9 and 99-17 (First Reading) (WPUD 24-01) (p.99) (YouTube: Part I 5:13) and (YouTube: Part II 0:00) Senior Planner Wendy Compton-Ring presented her staff report that is provided in the packet on the website. Staff noticed adjacent landowners and did not receive written public comment after publishing the Community Development Board (CDB) packet; one comment was received during the CDB public hearing suggesting adding benches. Staff did not receive written public comment at the time the Council packet was published or prior to the meeting. Mayor Muhlfeld opened the Public Hearing. Ray Yancey, LRS Architects representative of the applicant. They are in support of the recommendations of staff and the Community Development Board and ask for approval of the proposed PUD. Rachel Schmidt, 675 Woodside Lane, Safe Trails Whitefish. They are supportive of the proposed expansion of the Springs. They value walkability and recreation. They have concerns the recommended conditions of approval do not include ADA ramps, and cross walks that will be needed to the south intersection; they encourage more open space/park space; and would like to see commitment from the city and park board, as a condition of approval, to elevate the priority of development and funding the River Lakes City Park and accompanying path system and work with the Springs to provide residents direct connection to access the city park. Rachel’s full written comments are appended to the packet on the website. Bruce Boody, member of Safe Trails Whitefish, is in favor of this project. There are some things that can be done better to serve the residents of the project; ways to do an immediate outdoor experience for the residents; comfortable access; a second look at some of the pedestrian circulation on the site. Walking on a sidewalk next to parked cars and a driveway is not a comfortable and safe place to walk. The Emergency Services drive could serve as an excellent walking area for the residents, and it could be designed to integrate better with the spaces on the site and make that a comfortable pedestrian way. Consider connecting to Logan Health and the Smiths Sports Park. Bruce provided written comments that are appended to the packet on the website. Julie Tickle, 140 Burly Bear Trail, executive director of Dream Adaptive Recreation, a nonprofit that provides empowering outdoor recreation opportunities to people with disabilities including the Aging population. She is grateful to have the Springs facility and staff in our community and very much welcome the expansion of the housing and services for the growing aging population. She is asking the developer and the city to work together to ensure the plans of this housing expansion place focus on enhancing the quality of life for their residents. Transportation is a huge barrier for the disabled and the aging population, therefor ensuring this site plan includes thoughtful universally designed connected pathways and green spaces is essential being right outside their doorstep. Dream Adaptive looks forward to an improved site plan that would allow their organization to provide to the members of this deserving and often overlooked and underserved population the opportunities to continue to recreate outside. Diane Conradi echoes the previous comments. Her emphasis is improving the resident’s experience. It is confusing for some residents to be in a parking lot, or on a sidewalk with cars abutting the walkway. She is encouraging the city to look for a better-connected experience for folks who are mobility challenged. They need to have a safe comfortable space to be outside. She encourages the city to add a condition that would require them to come up with a better pedestrian circulation that 2  CITY COUNCIL MINUTES June 3, 2024 involves a quality experience other than just walking on sidewalks along cars. Diane’s provided written comments that are provided in the packet on the website. Riley Polumbus, 327 O’Brien Avenue, supports the Springs expansion project. She is excited to see the path extension along the Springs property on River Lakes Parkway. Becky Smith Powell represents her sister who is a resident of the Springs. She is excited for new sidewalks and the connectivity to the hospital. Her sister seems to be the most relaxed on the east side of the Springs, where the birds and water is. With this expansion, they are proposing to put 15 parking spots there. She thinks there are ways to design a proposal that does not turn the best features into a parking lot. Judy Russo represents the walkers of the Springs. She is not able to walk anymore, but the residents begged her to speak towards doing something about the sidewalks. Casey Malmquist, 160 Walker Creek Lane, a member of Safe Trails Whitefish. He is in favor of this project but think we can do better. This area is a complex campus, the hospital, the Springs, Smith Fields, potential music school, a church, and several developments. The transportation views are outdated and need to be improved. This area serves as an example of our community growing and how it is changing and the community we serve. There is a large and growing population of non- motorized transportation. Culturally we are trying to incent people to discard the car and to move about and to connect. He would like the Council and staff look at two really important things; 1) bring someone on in a transportation staff position; 2) codify this. As a developer there is a whole list of things that they have to go through. We need to put as much emphasis on the non-motorized stuff. Whitney Pratt (virtual), 165 Cliff Creek Road, supports the project and echo’s the sentiments to encourage a focus on resident’s experiences and preferences. She would hope the developers would partner more directly with Dream Adaptive and the residents to adapt the plan to prioritize access to the outdoors in an enjoyable easy and beautiful way. She would hope the plan could go beyond access to offer a truly enjoyable opportunity to be outside. She wanted to echo about connecting to the hospital and the hospital pathways and garden experiences making sure that it is a fully connected experience. 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 postpone this matter to June 17, 2024, to allow the developer to meet with the community to discuss issues of transportation and optimizing sidewalks. Councilor Sweeney stated the issues that have been raised here in support of the project are worth looking at. He would hope the developer would be able to meet in the next two weeks with the community to go over their concerns and see if they can be addressed. Councilor Caltabiano stated there was a meeting with the Community Development Board and on the record is only one public comment. He is surprised that now we had nine public comments. Listening to the Community Development Board meeting, the applicant has explained the reason for the number of parking spots, which is not only for the residents, but for the employees that work there. He feels awkward about negotiating with the developer a certain number of parking spots to be reduced and a number of bicycle spots to be increased. Councilor Qunell stated this feels like an eleventh-hour change. He asked the developer if a two-week time frame is enough to meet with the people commenting tonight. Ray stated it would be difficult to set a time to meet with the community, make changes, and then come back to the Council and have time to represent or show the changes based on their feedback in that time. It seems the ARC process would be a better avenue. The PUD 3  CITY COUNCIL MINUTES June 3, 2024 approval is based on the ask for additional units and the other aspects they have asked for. They would like to move forward with the PUD approval. Attorney Jacobs stated the Council is not approving the site plan. Generally, the conditions of the PUD say that it will be developed in substantial compliance with the site plan. Council will want to amend that if they are willing to go that route. Councilor Davis supports this project. There was some thoughtful feedback brought up tonight. He is wary of holding this project for two weeks given how hard it can be to redo these site plans. He is willing to take the applicants word that they will consider public comment to improve the site plan where applicable. He is willing to move this project forward. Mayor Muhlfeld stated he would like this council to have oversight on concerns that were raised by the public. He asked the applicant the time they would need to come back with a revised site plan addressing the issues that were raised tonight. The applicant stated at least four to six weeks to go through that process. They have concerns of pushing that out would delay this project moving forward in the next year for construction. Councilor Sweeney amended his motion to postpone to July 1st meeting. The motion failed. Councilor Caltabiano made a motion, seconded by Councilor Davis to approve Ordinance No. 24-05; An Ordinance approving The Springs Expansion Planned Unit Development, to develop 80 independent living units and 44 active living units in two buildings on approximately 5.57 acres of land located at 1501 River Lakes Parkway, Whitefish and amending Ordinance Nos. 99-9 and 99-17 (First Reading) (WPUD 24-01). Councilor Sweeney made a motion, seconded by Councilor Qunell to add Condition #15, The Architectural Review Committee, providing a recommendation to staff, review the site plan with the public comments received during the City Council public hearing consider additional recommendations or changes for the project to more comply with the community desires of that space. The motion carried. The original motion to approve Ordinance No. 24-05 carried. Mayor Muhlfeld called a recess at 8:23 pm and reconvened at 8:31pm. SUMMARY FOR ITEMS 6B, 6C, AND 6D (p. 226) b) Resolution No. 24-20; A Resolution of Intention indicating its intent to adopt a map amendment to the 2007 Whitefish City-County Growth Policy, as requested by Whitetail Ridge Holding and adopting findings with respect to such amendment (WGPA 24-01) (p.236) c) Ordinance No. 24-06; An Ordinance rezoning an unaddressed lot on Flathead Avenue in Section 1, Township 30 North, Range 22 West, P.M.,M., Flathead County, Montana, zoned County R-3 (One Family Residential) and I-2 (Heavy Industrial) to WR-1 (One-Family Residential District) and WR-2 (Two-Family Residential District) and adopting findings with respect to such rezone (First Reading) (WZC 24-01) (p.255) d) Consideration of a request from Whitetail Ridge Holding for a Preliminary Plat to develop 34.06 acres located at Flathead Avenue, zoned County R-3 (One Family Residential) and County I-2 (Heavy Industrial), 73 lots (59 single family homes and 14 townhomes), in response to recommended conditions of approval for the extension of West 18 th Street (WPP 24-02) (p.277) 4  CITY COUNCIL MINUTES June 3, 2024 **Agenda items 6b, 6c and 6d will be held as one Public Hearing. Council will be required to vote on each item separately. ** (YouTube: Part II 58:42) Senior Planner Wendy Compton-Ring presented all three staff reports that are appended to the packet on the website. The Growth Policy amendment is a request from rural residential to urban residential to facilitate the rezone and the subdivision. They are proposing a rezone from County R-3 (One-Family Residential) and County I-2 (Heavy Industrial) to WR-1 (One-Family Residential) to WR-2 (Two-Family Residential) to facilitate the subdivision. The Preliminary Plat is for 73-lots, which was reduced from what the Community Development Board saw, which was 77-lots, as a result comments heard from the Community Development Board and the public. They also included a variance to convert a road to a temporary T-turn around with emergency access, open to pedestrians. The Community Development Board recommended denial on all three requests. The applicant revised their project and came forward with a variance. Staff re-noticed all the neighbors. Even though the Board recommended denial on all these matters, staff included a resolution for the Growth Policy Amendment and an Ordinance in the case Council chooses to recommend approval. Thirteen members of the public spoke at the Community Development Board public hearing held on March 21, 2024, and are included in the Community Development Board minutes provided in the packet. Staff received twenty-five written comments that are included in the packet. Councilor Qunell asked Fire Chief Hadley stated Fire Marshal Tveidt reviewed and approved the new plans. Councilor Caltabiano asked, and Planner Compton-Ring stated the Growth Policy has been amended in the past for the Snow Lot, and the project on 2nd Street and Edgewood Place. The developer is proposing more than 1/3 of the property to be parkland and the trail complies with the Connect Whitefish Plan. The request for affordable housing is not applicable to this project because it is not a Planned Unit Development (PUD). Councilor Davis asked for clarification, the developer will be improving W. 18th Street from Baker Avenue to the western lot line of the project. The grade will be improved from Baker Avenue to Flathead Drive but will not include sidewalks or street trees; W. 18th from Flathead Ave to the western lot line will be to city standards. He asked and Planner Compton-Ring stated that the applicant will have to meet the water quality protection regulations when constructing the road across the wetlands. Mayor Muhlfeld asked if in the areas where the wetland buffer does encroach onto developable lots, within that buffer will that be restricted via CCR’s? Planner Compton-Ring stated we have had conditions on subdivisions in the past that they put up some sort of barrier fence to identify it as a wetland area and it should not be encroached on. Mayor Muhlfeld opened the public hearing. Eric Mulcahy, Sand Surveying, applicants’ representative stated they agree with staff’s findings on the revised staff report and with all the conditions of approval. They do not agree with the Community Development Boards finding on the Growth Policy amendment regarding the affordable housing. It is not a requirement of the Growth Policy. They designed this project with compatibility in mind. Rather than trying to put more density into this, they chose to primarily have 10,000 square foot lots except for the southeast corner. They were trying to be good neighbors to the O’Brien Bluff’ 5  CITY COUNCIL MINUTES June 3, 2024 neighborhoods as well as their neighbors to the west. They reduced the number of townhomes on the southwest corner because they had to give up 30 feet for the 18th Street right of way. Mayor Muhlfeld asked, and Eric stated they will be collecting stormwater and taking it to pretreatment ponds on the outskirts of the park. A stormwater design plan is provided in the packet on the website. Doug Siderius, applicant, provided history of the property. The property was owned by the Quiram family since the late 1960’s. They offered five acres to Trust for Public Lands and received no response. Doug was approached by the Quiram family to develop the property that the family would be proud of. The family is adamant to protect the wetland, leave the trees where they could and have a path that is dedicated to the Quiram family. A letter from Floyd Quiram is appended to the packet. Doug’s family has been here since the early 1900’s. They have been part of the business community along with the Schellinger family. Both families have contributed to the community in multiple ways. They are not going to do something that will disgrace their families. With the conditions that the city has imposed they feel good about the project that they have proposed. They will continue to be good stewards of the property. He hopes for the Council’s approval. Cameron Blake, 825 Leksand Trail, stated we need affordable housing. She heard 76% of our work force does not live in Whitefish. We have no starter homes. She commends the developers with the green space and the paths and fitting in with the neighborhood to the north. This is a missed opportunity to add density and smaller lots. The walking distance to the Wave and services, and to downtown is the perfect location to provide affordable housing. As proposed, she does not think the development meets the standards set in the current Growth Policy. Current Growth Policy addresses general welfare and notes the importance of affordable housing. She urges the Council to deny the map amendment, rezone, and preliminary plat. Richard Hildner, 104 5th Street, stated there is no affordability in this development. Without affordability we will end up with another development that will be empty 40% of the time. He is concerned the HOA will not maintain snow removal at the T-turnaround; he finds W. 18th to Baker Avenue very problematic without non-motorized provisions; the park dedication is nice but he does not think there was a lot of opportunity other than to call it parkland because it is wetland; and Council needs to strongly condition the setbacks along the wetland so that they are in fact preserved as wetlands and not fertilized and mowed. Paul Van Valkenburg, 344 Sawtooth Drive, stated he supports the T-turnaround and emergency access road connecting to Sawtooth Drive. He would prefer to maintain the illusion of a forest by increasing the setbacks from the property line from 20 feet to 30 feet, for more buffer. While we can’t do anything about building out 18th now, he would encourage Council to take things like this into consideration when planning for the future. Roads need to come first when we have developments. We can’t just put major developments in and have poor access to them. That is poor planning. Kerry Crittenden, West 9th Street, he shares a boundary with this proposed development. When this application came to the Community Development Board, the Board has concerns, the neighbors had concerns. The developers took it back and made changes. They should be commended for that. Council can’t consider affordable housing as a condition of approval, due to state law. There is nothing requiring Council to grant these zoning changes. Council can ask the developer if they are helping bear the burden. How is the project going to affect the quality of life in our community. The Growth Policy was put together in 2007. There is a new growth policy on the horizon. Why don’t we wait? See if this fits the new growth policy. 6  CITY COUNCIL MINUTES June 3, 2024 Jean Weiskotten, 632 Lund Lane, is the closest property owner to this proposed project. She has 2 acres and has lived there for 20 years. She appreciates what they are trying to do with this. She has had permission to use this property for skiing and hiking. It is a beautiful piece of property with huge larch trees, lots of wildlife. She would like to see as many trees saved as possible and the wetland protected as much as possible. She thinks it would be a problem to just have 18th Street and Flathead Avenue as the only two access points for this subdivision. She would like to see some action on light pollution. There are large lots adjacent to this proposed project and it would change the character of the neighborhood between Karrow Avenue and this property. She is concerned about the density and there is no low-income housing. There being no further public comment, Mayor Muhlfeld closed the Public Hearing and turned matters over to the Council for their consideration. Councilor Caltabiano made a motion, seconded by Councilor Qunell to approve the Whitefish Growth Policy amendment (Resolution No. 24-20), and the original finding of fact as recommended by the staff. Councilor Caltabiano stated leaving this area as it is, is riskier and more potentially damaging to the community with the industrial zone. Councilor Sweeney reminded the Council that when this property was annexed, Council made no promises to the developer as to what zoning we were going to put on it, or what growth policy we might consider. We are in the middle of reexamining the growth policy. He is not sure that this type of development will be part of that growth policy. Council has the right to control whether or not we grant a growth policy amendment for this particular development which does not provide affordable housing. Councilor Davis stated he is aware of the fact that there has been a lot of thought put into the growth policy over the years. As a general rule, it is something he defers to quit a bit. He also thinks the growth policy is fairly old. He does not know to what value to our community is of having this as industrial land. This is a nice property in an environmental sense. Adding a bunch of industrial uses on there does not seem like it helps anything. He will support the amendment. Councilor Qunell stated when he looks at a growth policy amendment, he looks to see what the growth policy currently says, and what is on the ground. Changing this growth policy to an urban residential setting make sense because that is what it is next to. Reading the history from Mr. Quiram, about about why it ended up industrial because there used be a gravel pit next to it and there was thought this could be another gravel pit. The dump was close by and there was a connection from Karrow Avenue through Lund Lane to this property. That obviously has changed. We don’t want a gravel pit in town, or industrial uses in town. We want urban residential property close to our amenities and that is what this is. He supports the amendment. The motion carries 3-1, Councilor Sweeney voting in opposition. Councilor Qunell made a motion, seconded by Councilor Caltabiano to approve Ordinance No. 24-06; An Ordinance rezoning an unaddressed lot on Flathead Avenue in Section 1, Township 30 North, Range 22 West, P.M.,M., Flathead County, Montana, zoned County R-3 (One Family Residential) and I-2 (Heavy Industrial) to WR-1 (One-Family Residential District) and WR-2 (Two-Family Residential District) and adopting findings with respect to such rezone (First Reading) (WZC 24-01). Councilor Qunell stated it is clear that we don’t need industrial uses in that area. The zone designation accommodates what is going on in the surrounding areas. The motion carried 3-1, Councilor Sweeney voting in opposition. Councilor Caltabiano made a motion, seconded by Councilor Qunell to approve WPP 24-02 and the original findings of fact recommended by staff. Councilor Qunell made a motion, seconded by Councilor Caltabiano to add Condition #21 platted lots that buffer the wetlands comply with the water quality ordinance. The motion carried. Councilor Caltabiano stated a developer has to go through putting money aside to buy the 7  CITY COUNCIL MINUTES June 3, 2024 land, hire engineers and work with staff, subject themselves to a public hearing with the Community Development Board, then come to City Council. City Council can rule differently from the expectation. These are all levels and layers that reduce affordability. If we want more houses we need to accept higher density. For believing that between the safeguards we are putting in place, the rules that we have legislated upon in the past and the willingness of this local developer he is honored to vote in favor of this project. Councilor Qunell stated he is not unsympathetic to the people who want more housing or want it to be denser. At the same time WR-4 does not fit here. With a preliminary plat, we can’t require anything. He is skeptical when approving 73 single family homes. He is going to put his faith into the local developer more than he would with an outside developer. We always except parkland, whatever it is even if it is wetland. A lot of the light pollution comes from the Roundhouse on BNSF property. Councilor Davis comment on affordable housing. It is something he wishes we would see more of. It is a policy argument. An argument that has a lot of merit and has to be applied in a broader way. If that is something we believe, then we need to change the rules to that affordable housing requirements is something that applies to everything. Trying to apply this in a piece meal way onto a project like this is very problematic. To turn down a project to build no housing is probably not going in the right direction. The comments are well taken, and we should think about it and consider what the role of additional annexations and development is in our town and how we can continue to evolve the guard rails to get what we want out of it. The original motion to approve WPP 24-02 with the added Condition #21 carried 3-1, Councilor Sweeney voting in opposition. 7) COMMUNICATIONS FROM CITY MANAGER (YouTube: Part II 2:31:42) a) Written report enclosed with the packet. Questions from Mayor and Council? (p.512) None b) Other items arising between May 29th and June 3rd Manager Smith stated former Planner Sponable applied for a grant, with help from other staff, for the Montana Community Reinvestment Act. The City received a $30,000 planning grant that will help support the cost for Water and Sewer Master Plan updates. 8) COMMUNICATIONS FROM MAYOR AND CITY COUNCILORS (YouTube: Part II 2:32:22) Mayor Muhlfeld asked and Senior Project Engineer Hilding stated there are three events this week, the Community Block Party, Tuesday June 4th during the Downtown Farmers Market; the Safe Streets 4 All Open House, Wednesday, June 5th at City Hall; and the Safe Streets 4 All Task Force meeting, on June 4th. 9) 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 10:06 p.m. /s/John Muhlfeld Mayor Muhlfeld Attest: /s/Michelle Howke Michelle Howke, Whitefish City Clerk 8