Mayor & City Council

WHITEFISH CITY COUNCIL August 19, 2024 7:10 P.M. 1) CALL TO ORDER Mayor Muhlfeld called the meeting to order. Councilors present were Qunell, Feury, Davis, Sweeney, and Norton. Councilor Caltabiano attended virtually. City Staff present were, City Clerk Howke, City Manager Smith, City Attorney Jacobs (virtually), Finance Director Gospodarek, Planning and Building Director Taylor, Public Works Director Workman, Parks and Recreation Director Butts, Police Chief Kelch. Approximately 6 people were in the audience and 3 attended virtually. 2) PLEDGE OF ALLEGIANCE Mayor Muhlfeld asked Rachel Schmidt to lead the audience in the Pledge of Allegiance. 3) PRESENTATION a) Consideration of a request from Whitefish Legacy Partners for a sidewalk on Highway 93 North (p.22) (YouTube Video 3:53) Jedd Sankar-Gorton, Program Director for Whitefish Legacy Partners asked the Council to direct staff to write a letter to Montana Department of Transportation (MDT) requesting a section of sidewalk be added to the Highway 93 West Reconstruction Project to provide the necessary access to the Whitefish Trail and the DNRC Fishing Access Site at Skyles Lake. Councilor Qunell made a motion, seconded by Councilor Norton to direct staff to send a letter to MDT explaining the City does not have funding for the construction, but could provide funding for the maintenance for the additional 1600-foot sidewalk. 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) (YouTube Video 16:39) Kate Berry, 1489 E. 2nd Street, spoke towards her letter of interest to serve on the Whitefish Housing Authority that is provided in the packet. She is excited about leadership at Whitefish Housing Authority and the Board of Commissioners. Rachel Schmidt, 675 Woodside Lane, spoke in support of the Councils direction to send a letter to MDT requesting the section of sidewalk to be added to the Highway 93 W Reconstruction Project. This will provide opportunities for kids and citizens to access the Fishing Access at Skyles Lake. Daniel Sidder, Executive Director for Housing Whitefish provided an update on the Workforce Assistance Program. Through two application cycles they have served 38 households, for a total of 81 individuals impacted. They have learned that 63% of applicants are at risk of moving from Flathead County because of their ability to pay rent or utilities. This program is helping folks to continue to live in Whitefish. So far, they have committed half of their program budget through the first half of their program year. Applications is currently open, and they are accepting applications through September 15th. 5) COMMUNICATIONS FROM VOLUNTEER BOARDS (YouTube Video 22:03)  CITY COUNCIL MINUTES August 19, 2023 Councilor Qunell reported the Community Development Board received an update from the information that came from all of the listening sessions. Long Range Planner Alan Tiefenbach organized those comments into different categories and now have a skeleton of a new growth policy. Over the next year the Committee will work on each chapter. He stated Alan has done a tremendous job and a lot of work. 6) 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 23:26) a) Minutes from August 5, 2024, Regular Meeting (p.27) b) Ordinance No. 24-11 An Ordinance lifting Stage I Fire Restrictions (Only Reading) (p.34) Councilor Sweeney made a motion, seconded by Councilor Norton to approve the Consent Agenda. The motion carried. 7) 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) Resolution No. 24-28; A Resolution amending the 2024 fiscal year annual budget to increase appropriations in four funds of the City (p.36) (YouTube Video 23:56) Finance Director Lanie Gospodarek 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 tuned matters over to the Council for consideration. Councilor Feury made a motion, seconded by Councilor Sweeney to approve Resolution No. 24-28; A Resolution amending the 2024 fiscal year annual budget to increase appropriations in four funds of the City. The motion carried. b) FY25 Budget, Tax Levy, and Assessments Public Hearing (p.40) (YouTube Video 32:14) i. Resolution No. 24-29; A Resolution accepting and approving the municipal budget for the City of Whitefish for the 2025 Fiscal Year Commencing July 1, 2024, in its final form (p.42) Budget Changes Since Preliminary FY2025 Budget (p.44) FY2025 Final Budget (p.46) ii. Resolution No. 24-30; A Resolution (1) budgeting property tax revenue, (2) determining the property tax mills to be levied on all taxable property within the corporate limits of the city of Whitefish, and (3) levying and assessing all special improvement assessments and other assessments on real estate within the Districts for the 2025 Fiscal Year (p.185) iii. Resolution No. 24-31; A Resolution levying and assessing a tax on each lot or parcel of land in the City lying within the boundaries of the City’s Street Maintenance District to defray the costs of street improvements (p.188) iv. Resolution No. 24-32; A Resolution levying and assessing tax upon all real estate in Special Improvements Lighting District No. 1 in the City of Whitefish, Montana to defray the cost of improvements in said Special Improvement Lighting District (p.190) v. Resolution No. 24-33; A Resolution levying and assessing a tax upon all real estate in Special Improvement Lighting District No. 4 in the City of Whitefish, Montana, to defray the cost of improvements in said Special Improvement Lighting District (p.192) vi. Resolution No. 24-34; A Resolution levying and assessing a tax on each lot or parcel of land in the City lying within the boundaries of the City’s Parkland and Greenway Maintenance District (p.194) 2  CITY COUNCIL MINUTES August 19, 2023 vii. Resolution No. 24-35; A Resolution levying and assessing a tax on each land or parcel of land in the City lying within the boundaries of the City’s Stormwater Improvement and Maintenance District (p.196) viii. Resolution No. 24-36; A Resolution levying and assessing a tax on each lot or parcel of land lying within the boundaries of Special Improvement District No. 166 (JP Road) to defray the cost of creation of said District and the Improvements therein (p.198) ix. Resolution No. 24-37; A Resolution levying and assessing a tax on each lot or parcel of land within the boundaries of Special Improvement District No. 167 (Downtown Parking Structure) to defray the cost of creation of said District and the improvements therein (p.211) x. Resolution No. 24-38; A Resolution levying and assessing costs from certain properties within the City for the collection of utility service charges pursuant to Title 8, Chapter 1 of the Whitefish City Code (p.218) xi. Resolution No. 24-39; A Resolution levying and assessing costs from certain properties within the City for the extermination and removal of noxious weeds pursuant to Title 4, Chapter 3, of the Whitefish City Code; and for the removal of ice, snow, slush or other impediments pursuant to Title 7, Chapter 2, of the Whitefish City Code (p.221) City Manager Dana Smith presented her budget memo that is provided in the FY2025 Final Budget on the website. Resolution No. 24-29 thru 24-39 will be one hearing and one motion. The mill value is increasing from $79,000 a mill to $81,000 a mill. The preliminary budget projected 7.75 mills, and we added one mill to make sure that all positions at the city are adjusted to at least 90% of market for wages. The 8.75 mill increase for residential properties valued at $800,000 is roughly $94.54 a year, or $7.88 per month. The assessments will remain at the same rate. 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 Feury made a motion, seconded by Councilor Davis to approve Resolution No. 24-29 thru Resolution No. 24-39. Councilor Caltabiano made a motion to postpone the Capital Improvement Project for $700,000 for one year. The motion failed for a lack of a second. The original motion to approve Resolution No. 24-29 thru 24-39 carried. 8) COMMUNICATION FROM PARKS AND RECREATION DIRECTOR a) Consideration to authorize the Board of Park Commissioners to Accept the Wartnow Land Donation (p.225) (YouTube Video 48:59) Parks and Recreation Director Maria Butts presented her staff report that is provided in the packet on the website. Councilor Davis made a motion, seconded by Councilor Caltabiano to authorize the Board of Park Commissioners to accept the Wartnow land donation. Council asked Director Butts to extend thanks to the Wartnow family for their donation. The motion carried. 9) COMMUNICATIONS FROM FINANCE DIRECTOR a) Review and adoption of FY25-FY29 Capital Improvement Program (p.228) (YouTube 52:21) 3  CITY COUNCIL MINUTES August 19, 2023 Finance Director Lanie Gospodarek presented the FY25-FY29 Capital Improvement Program that is provided in the packet on the website. Councilor Sweeney made a motion, seconded by Councilor Qunell to adopt the FY25-FY29 Capital Improvement Project. The motion carried. 10) COMMUNICATIONS FROM CITY MANAGER (YouTube 57:17) a) Written report enclosed with the packet. Questions from Mayor and Council? (p.251) None b) Other items arising between August 14th and August 19th Manager Smith stated we have had a lot of great special events in town and has received some great comments about our Parks and Recreation Department, specifically Steve, Murphy, Philip and Jenny. They deserve to be recognized. The work that they do to coordinate our events in Depot Park and other locations if fantastic along with all the other staff that helps out with those. They represent our city well. 11) COMMUNICATIONS FROM MAYOR AND CITY COUNCILORS (YouTube Video 58;01) a) Consideration to appoint one resident representative to the Whitefish Housing Authority to complete term ending 12/31/2024 – Mayoral Appointment i. Kate Berry (p.257) ii. Michael Clark (p.258) Mayor Muhlfeld appointed Kate Berry to the Whitefish Housing Authority to complete term ending 12/31/2024. The Council ratified his appointment. Council Comments Councilor Qunell stated there is important discussions happening at the High School tonight about the reconstruction of the high school and the bond and levy that they are trying to pass. He hopes everyone is engaged and interested in that process. He wanted to remind everyone to watch for more kids in the morning and afternoon while school is back in session next week. Councilor Sweeney stated it has become apparent to the Park Board that there is a conflict between the Twin’s and their use of Memorial Field and the High School’s ability to use that for their baseball program. He would like Council’s endorsement to put together a group to meet with the Twins and the High School to come to an agreement. The Council gave him their endorsement. Councilor Davis thanked the six candidates for the Local Government Review Commission for filing. He spoke toward the Short-Term Rental program that was discussed during the work session. He is not surprised that the numbers are not a high as we thought. It seems like good progress is being made. We should continue doing what we are doing. He spoke towards the Legacy Homes Program that was also discussed at the work session. We have fire codes that are designed and written by professionals, it is peculiar to have zoning ordinances overwriting fire codes. The fourth-floor non-combustible requirement should be removed from the program. The Legacy Homes Program seems to work in some circumstances with an apartment, but it does not work with other types of projects. It would be worth it to look to see how the program could work better for ownership opportunities, particularly subdivisions and would need a different incentive structure. This is a good task to assign to the Housing Committee. 4  CITY COUNCIL MINUTES August 19, 2023 Councilor Norton responded to the letter from Cynthia Becker hat was provided prior to the meeting that is appended to the packet and corrected some comments within the letter. The Council is nonpartisan. She asked and Mayor Muhlfeld stated noise complaints for the airport should be directed to the FAA. Councilor Feury asked staff to write a letter to the e-bike rental businesses informing them of the e-bikes are not allowed on city sidewalks. They are allowed on shared paths and bike paths. He is concerned of the safety of pedestrians. Mayor Muhlfeld asked, and Director Workman stated we are stalled between BNSF and MDT trying to determine how much if any they are going to fund for the Birch Point Safety Project. Councilor Caltabiano wished his wife Roxy happy anniversary. Director Workman thanked Stack Financial for their donation of a generator to use at the multiple lift stations. 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 8:20 p.m. /s/John Muhlfeld Mayor Muhlfeld Attest: /s/Michelle Howke Michelle Howke, Whitefish City Clerk 5