Mayor & City Council

WHITEFISH CITY COUNCIL August 5, 2024 7:10 P.M. 1) CALL TO ORDER Mayor Muhlfeld called the meeting to order. Councilors present were Qunell, Feury, Caltabiano, Davis, and Norton. Councilor Sweeney was absent. City Staff present were, City Clerk Howke, City Manager Smith (virtual), City Attorney Jacobs, Finance Director Gospodarek, Planning and Building Director Taylor, Public Works Director Workman, Parks and Recreation Director Butts, Sergeant Herman, Senior Planner Compton- Ring and Planner Loring. Approximately 20 people were in the audience and zero attended virtually. 2) PLEDGE OF ALLEGIANCE Mayor Muhlfeld asked Paul McCann 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 Video 4:02) Toby Scott, 1478 Barkley Lane addressed his letter that is in the packet. The letter is requesting a light at 13th Street and Baker Avenue; and to install a traffic counter and display on the parking garage. He asked the Council to urge MDOT to put a sensor on the light at 2nd Street and Baker Avenue. He also reminded Council that he has requested the utility boxes around town be painted to improve the aesthetic of Whitefish. Patrick Tabor, 335 Columbia Avenue, owns a business at 309 Wisconsin Avenue. He requested the City Council pull Ordinance No. 24-09 from the Consent Agenda for discussion. He would like the Council to rethink the no parking proposed on Woodside Avenue. If the ordinance is adopted as proposed, it would affect his business because his tenants would have nowhere to go. He believes there are alternatives to look at that wouldn’t devastate the business in the building but still achieve some of the safety objectives. Schuyler Johnston, 174 Armory Road, spoke towards agenda item 7a, Armory Road reconstruction project. He encourages the Council to act on this with some urgency. He and his neighbors are happy to see this on the agenda and have two requests considering the plan. They ask that all efforts be made to honor the proposed project timeline highlighted in the proposal, and the neighbors are given an opportunity to share some thoughts and concerns and some traffic calming ideas with the public works team and the firm that is awarded the bid. They have a lot of awareness of the issues on that bend and they hope to be part of that discussion prior to any formalization of a final plan. Councilor Feury addressed Mr. Johnstons concerns and stated that the Council is awarding the engineering contract and not any kind of design. There will be a full public process at the design stage. It is very important for everybody in that neighborhood to understand staff will work as quickly as they can and also i understand it is a very expensive project that will be funded by resort tax revenues. Greg Hennen, 178 Armory Road, stated he and his wife were awoken at 3:14am on January 14th when a truck went through the guard rail retaining wall and hit their garage. Within three days later another truck hit the guard rail. In the meantime, before they start the project, they are wondering what the city is going to do to help prevent this happening again. More signage, speed bumps, lighted signage like at 18th Street. That is all they are asking in the meantime. The police department has done great with increased patrolling.  CITY COUNCIL MINUTES August 5, 2024 Brad Buhmiller, 18 Barns Ranch Road, spoke towards the Armory Road Reconstruction Project. He and his neighbors are trying to get some traction and ask for help. They are asking for some help because something is going to happen that we can’t undo. A truck parked in the Hennen’s garage is like Dukes of Hazard stuff. On Wednesday garbage, who know whose garbage is going to hit the ditch. The neighbors are concerned about that corner. 4) COMMUNICATIONS FROM VOLUNTEER BOARDS (YouTube Video 24:27) Cameron Blake, 825 Leksand Trail, Whitefish Community Housing Committee Chair, reported the committee has been working on items out of the Housing Roadmap. The annexation policy that the committee worked on for many meetings and many hours with the goal to get it to the Council. Some of the committee members were frustrated when that was denied. The committee is looking for guidance on how to confirm Council will support what they are working on. Mayor Muhlfeld said either during volunteer board reports or schedule work sessions on a quarterly basis. 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 Video 17:25) a) Minutes from July 15, 2024, Regular Meeting (p.14) b) Ordinance No. 24-09; An Ordinance pursuant to Title 6, Chapter 2, Section 5, Prohibited and Restricted Parking, of the Whitefish City Code, to establish additional parking restrictions (Second Reading) (p.18) Councilor Caltabiano made a motion to pull Ordinance No. 24-09 from the Consent Agenda for discussion. Councilor Caltabiano offered a tradeoff where it is alternate side parking, because the challenge is to have cars parked on both side narrows the driving lane, or restrict parking on one side of the street. Public Works Director Craig Workman stated he has talked with Mr. Tabor. Director Workman checked his records and stated a notice was mailed to 309 Wisconsin LLC at 335 Columbia Avenue. The public hearing was advertised twice in the paper. The City did due diligence to advertise the fact we were proposing parking changes. However, he wouldn’t have an issue recommending no parking on one side within 100 feet of Wisconsin as a trial. He thinks in the winter months there may be some safety concerns but for six or seven months out of the year it won’t be a problem. He recommends no parking on the north side of Woodside Lane within 100 feet of Wisconsin Avenue. Councilor Caltabiano made a motion, seconded by Councilor Davis to approve Ordinance No. 24-09, amending Section 4: Pursuant to Title 6, Chapter 2, Section 5 of the Whitefish City Code, there shall be NO PARKING on either sidethe north side of Woodside Lane, within 100 feet of Wisconsin Avenue. The motion carried. Councilor Caltabiano made a motion to approve the Consent Agenda as amended. 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) Consideration of a request from Barbara McCartney for a Conditional Use Permit to construct a guest house located at 3 Tides Way, zoned WLR (One-Family Limited Residential District) (WCUP 24-06) (p.21) (YouTube Video 27:05) Councilor Davis recused himself this hearing. 2  CITY COUNCIL MINUTES August 5, 2024 Senior Planner Wendy Compton-Ring presented her staff report that is provided in the packet on the website. Mayor Muhlfeld opened the Public Hearing. Sierra McCartney, 7227 Farm to Market Road, representing her mother, Barbara McCartney. The vision for this property is to have multi-generational living where the grandparent, parents and grandchildren live on the same property and support each other. Her sister, brother-in-law and nephew currently live in the existing house. The success of multi-generational living is dependent on everyone having their own space. They are requesting to build a guesthouse on the property, a sperate dwelling unit for her mother. There being no further public comment, Mayor Muhlfeld closed the Public Hearing and turn the matters over to the Council for their consideration. Councilor Norton made a motion, seconded by Councilor Feury to approve WCUP 24-06, the findings of fact and the conditions of approval recommended by the Community Development Board on July 18, 2024. The motion carried with Councilor Davis recusing himself. b) Consideration of a request from Jessie Diehl on behalf of Whitefish Community School to expand the Whitefish Community School into a daycare center, located at 805 Park Avenue, zoned WR-1 (One-Family Residential District) (WCUP 24-07) (p.47) (YouTube Video 35:47) Councilor Davis recused himself from this hearing. Planner Nelson Loring presented his staff report that is provided in the packet on the website. Mayor Muhlfeld opened the Public Hearing. Doug Peppmeier, TD&H Engineering, addressed some of the questions that were presented at the Community Development Board meeting. There was a question about constructing a fence in the alleyway to screen the parking lot. They cannot construct a fence in a public right of way. There were concerns about landscaping. Landscaping is required by the planning and zoning regulations. There was discussion about stormwater management and wanting a design at the time of Community Development Board, but to reiterate, this plan will be in excess of 10,000 square foot threshold and will require a full review by the public works department. They will be required to come into compliance through that process. There was confusion of maybe closing the alley. They are improving the alley and will be open to the public. Jessie Diehl, 52A Alder Berry Loop, Whitefish Community School Director, spoke to why they are applying for the Conditional Use Permit to expand the school. In 2023 the top needs for Montana were housing and childcare. They have seen that reflected in their wait list, which has averaged 120 families for the past three to four years. As one of the few nonprofit childcares in the valley they see it as their duty to meet the community’s needs as best they can. Their organization believes they are in a unique position for a few reasons to meet these needs. 1.) They have an acre of land that is underutilized. 2.) They are within walking distance to many of the Whitefish public and private schools. 3.) They are an established organization and have been around for over twenty years. They hope to continue to make a positive impact on the community. Steve Cawdrey, 101A Forest Ridge Drive, Whitefish Community School board member. They have looked at the issues and have made every effort to be considerate to their neighbors and to address this issue that is pressing here in our valley with childcare. He hopes the Council finds this in favor and they look forward to this for the community. 3  CITY COUNCIL MINUTES August 5, 2024 Brooks McCartney, 3 Tides Way, supports the expansion. Her son attends the school and as a working parent at a local Whitefish business, finding reliable, quality childcare was tough, and it was what allowed her to go back to work. She is very grateful for the school for enrolling her son and the opportunity the school has with having such a large lot in Whitefish with the price of real estate, it is an incredible opportunity to allow the school to expand and help other local families have childcare. Sierra McCartney, 7227 Farm to Market Rd, has a four-month-old daughter and when you are trying to find childcare, you realize how bad it is to find childcare. She stated getting on wait lists when she was pregnant. They have not been able to get into daycares. Fortunately, she and her husband have flexible jobs to be able to work it out and have a grandparent who lives here that is able to take care of her daughter one day a week. They know based on studies how important preschool is for the development of children. Her concern is she is not going to be able to get her daughter into preschool. It is an issue in the community, and it is important that we take this opportunity even if it is only a few extra spots that so many more families that we can help out. It is also important to address traffic calming measures in these neighborhoods. We need to pay attention and listen to the families and the residents in the homes nearby the daycare. Pual McCann, 340 Somers Avenue, owns the vacant lot at 811 Park Avenue. He supports the expansion but has some concerns, improve the parking flow in the alleyway to at least 16 feet wide, consider the lighting, safe retaining wall for the kids, and a site-built building. Nancy Cawdrey, 101A Forest Ridge, her grandchildren have attended the Whitefish Community School. They are now 5 and 6 years old and are well adjusted. She has helped a lot with the daycare and has met a lot of young families who have their kids in the school. She can’t say enough positive things about the school. She can’t say enough about advocating the need for more childcare. This is kind of a drop in the bucket in someways. Having that many more places for these kids, it is obvious Whitefish needs a lot more. She loves seeing the young families. She knows the housing issues are tough and so are the childcare issues. She likes seeing young people around town. She strongly supports this expansion. Doug Peppmeier responded to some of the comments received tonight. There are two types of drop offs, but per the special provisions it is required to be signed, drop off only and not to linger. It will require policing. The width of the alley is 24 feet. It is not all within the public alley. A portion of it is in the alley, the rest is on the school’s property. The access shifts over because they were trying to save some of the screening. The 24 feet gives it a two-way driving lane. The retaining wall is a zoning requirement, the walls will be tiered since it is over four feet. Their preference is a stick frame structure but will work through that process when selecting an architect. 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 made a motion, seconded by Councilor Qunell to approve WCUP 24-07, the findings of fact in the staff report, and the eight conditions of approval as recommended by the Whitefish Community Development Board on July 18, 2024. Councilor Caltabiano stated what better legacy than to take care of our next generation. The motion carried with Councilor Davis recusing himself. c) Resolution No. 24-27; A Resolution amending Resolution No. 14-21, to remove engraving fees for the Columbarium (p.95) (YouTube Video 1:11:43) City Clerk Michelle Howke presented her staff report that is provided in the packet on the website. 4  CITY COUNCIL MINUTES August 5, 2024 Mayor Muhlfeld opened the Public Hearing. There being no public comment, Mayor Muhlfeld closed the Public Hearin and turned matters over to the Council for their consideration. Councilor Caltabiano made a motion, seconded by Councilor Norton to adopt Resolution No. 24-27; A Resolution amending Resolution No. 14-21, to remove engraving fees for the Columbarium. The motion carried. 7) COMMUNICATION FROM PUBLIC WORKS a) Consideration to award an Engineering Contract for the Armory Road Reconstruction Project and the East 6th Street Reconstruction Project (p.100) (YouTube Video 1:14:50) Public Works Director Craig Workman presented his staff report that is provided in the packet on the website. Councilor Feury made a motion, seconded by Councilor Caltabiano to award the Engineering Contract to Morrison Mariele for the Armory Road Reconstruction Project, and award the Engineering Contract to HDR for the East 6th Street Reconstruction Project. The motion carried. 8) COMMUNICATIONS FROM FIRE CHIEF a) Ordinance No. 24-10; An Ordinance placing a Stage I Fire Restriction within City limits, providing exceptions, and waiving the second reading, with an immediate effective date (Only Reading) (p.172) (YouTube Video 1:19:08) City Manager Dana Smith presented the staff report on behalf of Fire Chief Cole Hadley. The staff report is provided in the packet on the website. Councilor Caltabiano made a motion, seconded by Councilor Davis to adopt Ordinance No. 24-10; An Ordinance placing a Stage I Fire Restriction within City limits, providing exceptions, and waiving the second reading, with an immediate effective date (Only Reading). The motion carried. 9) COMMUNICATIONS FROM CITY ATTORNEY a) Consideration to approve the Beck, et al. v. City et al., Case No. CV-22-44-M-DLC-KLD Settlement Agreement and Release and authorize the City Manager to execute the same (p.177) (YouTube Video 1:22:52) City Attorney Angela Jacobs presented her staff report that is provided in the packet on the website. Councilor Feury made a motion, seconded by Councilor Norton to approve the Settlement Agreement and Release and authorize the City Manager to execute the same. The motion carried. 10) COMMUNICATIONS FROM CITY MANAGER (YouTube Video 1:30:54) a) Written report enclosed with the packet. Questions from Mayor and Council? (p.202) None b) Other items arising between July 31st and August 5th Manager Smith stated the City received its taxable valuation from the Department of Revenue. It came in at $81,046.924. That is slightly under what was projected. It is off .026%, roughly $20.93 per mill. Very minimal impact from that difference. We will be able to absorb that shortfall of approximately $1,200. The preliminary beginning fund balances are available, we haven’t seen anything that seems unusual. Some of 5  CITY COUNCIL MINUTES August 5, 2024 the funds where we see more money are higher beginning balance than expected is related to timing of construction projects or capital projects. We are in line with our projections on growth in the city. 11) COMMUNICATIONS FROM MAYOR AND CITY COUNCILORS a) Letter from Toby Scott requesting a stop light to be installed at 13 th Street and Baker Avenue, and a traffic counter to be installed in the downtown parking garage (p.204) Councilor Qunell asked, and Manager Smith stated she looked into a parking garage counter when the garage was first built. The cost was around $60,000 to $70,000. We would have to put in some type of lane correction where we had taken out the concrete that was separating the lanes at the entrance. Staff can look into it again, but it was difficult to come up with the funding for it and knowing that the second and third floor are leased parking during the day. The counter would have to change somehow for non-lease hours versus lease hours. Councilor Qunell would like to get a handle on it when it is a big problem rather than a problem a handful of the time throughout the year. Councilor Davis spoke towards the intersection at 13th Street and Baker Avenue issue addressed in his letter. He agrees that this intersection seems to constantly be a problem. He asked and Director Workman stated he does not know that a traffic signal is the solution. The City has begun conversations with MDT, about reintroducing some of aspects of the Downtown Whitefish Highway Study that is agreed on. We heard that MDT does not have the funding for it. If we want to see improvements at 13th and Baker, we are going to have to move forward with some other alternatives that involve creating a Traffic Advisory Committee, a resolution requesting MDT recharacterize that as a primary or secondary route, to help foster that conversation. Councilor Davis asked, and Director Workman stated the biggest problem is the north south traffic. He thinks a roundabout at that intersection is the best solution. That is more invasive than a traffic signal. Councilor Caltabiano stated a study right now would be skewed by the closure of Karrow Avenue. Council Comments Councilor Caltabiano stated it is the 75th Anniversary of the Man Gulch tragedy where twelve firefighters lost their lives. We are celebrating the memory of those firefighters. One of those firefighters decided to surround himself and calling all his colleagues to get with him and they did not believe him, so he was the only one who survived. Since then, the fire blocking walls have become a science. He wants the public to be aware that even when it rains the dry grass are still there and can start smoldering and you have a fire before you know. If you see a little smokestack, report it. Don’t assume that it has been reported. He also reported the Community Development Board will host a Visioning Whitefish session on August 15th will begin at 5:30 pm. Councilor Qunell stated he participated in the fourth annual Last Best Ride. It is one of the most fun and interesting events that goes on in Whitefish in the summertime. People from all over the world with different kinds of abilities come to ride. These people come to challenge themselves, not just to consume our town. He thanked the race directors for putting this on and he hopes we can continue this event. Councilor Davis thanked staff for the overlays and sealcoating and new striping on the roads. He spoke towards Cameron Blake’s comments made earlier. He thinks the idea for work session with the Community Housing Committee is a good idea. A lot of the tasks that are in the housing plan are significant policy items that take political will. Councilor Norton reminded the public we still have the Local Government Review Commission that needs members. So far only one applicant has filed with the County, but there is a possibility of two more. Five members are needed for the Commission. She also mentioned she likes the idea of working with the 6  CITY COUNCIL MINUTES August 5, 2024 Community Housing Committee. She thinks voluntary incentives for an annexation policy would work and encourages the committee to look into it. Councilor Feury suggested the Last Best Ride should provide medical coverage for their event. Our crews we called out for a rescue that took them out of service for over three hours. He also stated he has been pleased driving around town this last week. The number of times folks have been courteous in letting folks make left turns has been remarkable. He thanked visitors and residents. 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 9:01 p.m. /s/John Muhlfeld Mayor Muhlfeld Attest: /s/Michelle Howke Michelle Howke, Whitefish City Clerk 7