Mayor & City Council

WHITEFISH CITY COUNCIL September 3, 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, Senior Planner Compton-Ring and Planner Loring. Approximately seven people were in the audience and two people attended virtually. 2) PLEDGE OF ALLEGIANCE Mayor Muhlfeld asked Kevin Kaltschmidt 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 4:51) Jeff Evans, representing the Willows Homeowners Association for action item number 7 on the agenda. Rachel Schmidt, 675 Woodside Lane, provided a letter from the Safe Trails Whitefish Board to the Council that is appended to the packet on the website. The letter addresses the Springs expansion plan condition of approval follow-up. Safe Trails request changes to the site plan to address connectivity and safety. 1) They would like the Springs to retain the existing multiple use path. 2) Develop a universally designed multiple use path near the city park and improve crosswalks and/or provide stop lights. Safe Trails Whitefish feel their proposals fit the PUD’s requirements. 4) COMMUNICATIONS FROM VOLUNTEER BOARDS (YouTube Video 10:31) Cameron Blake, 825 Lexan Trail, representing the Whitefish Community Housing Committee, reported the committee looked at the roadmap strategy policies to support community housing, specifically the zoning for affordability in flexible forms. Manager Smith provided the committee the Montana Land Use Planning Act Housing Strategies. The committee looked at which ones might make sense to evaluate and recommend for inclusion in the Growth Policy update. At their next meeting they will be looking at the Legacy Homes and then a work session with the Council is scheduled for November 4th to set priorities. 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.) a) Minutes from August 19, 2024, Regular Meeting (p.18) b) Resolution No. 24-40; A Resolution of intention to annex and incorporate within the boundaries of the City of Whitefish by petition and consent of the property owner approximately 0.133 acres of land known as unaddressed portion of property on Railway Street in Section 36, Township 31 North, Range 22 West, in Whitefish, Montana, and zone the property to WI (Industrial and Warehousing District), based on the findings of fact in the staff report, and set a public hearing for September 16, 2024. (p.24) c) Consideration of a request for approval of the Lakeshore Construction Permit 1240 Birch Point Drive, WLP 24-14 based on compliance with the Lakeshore Protection Regulations (p.45)  CITY COUNCIL MINUTES September 3, 2024 Councilor Sweeney made a motion, seconded by Councilor Davis 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) Consideration of a request from Don ‘K’ for a Conditional Use Permit to expand a vehicle inventory storage area for automotive sales, located at 6208 Highway 93 S, zoned WR-2/SC and WB-2 (WCUP 24-08) (p.66) (YouTube Video 12:38) Senior Planner Wendy Compton-Ring presented her staff report that is provided in the packet on the website. Mayor Muhlfeld opened the Public Hearing. Doug Peppmeier, TDH, representative of the applicant, stated they agree with the staff report. Kevin Kaltschmidt, General Manager of Don ‘K’, stated the request is to expand their vehicle inventory storage area. Sales will not happen on the storage site. This storage expansion will provide space for employees to park in the lot on the east side of the Highway. The residential buffer that is part of the landscaping is buffering their own residential property, in which he currently lives. 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 Qunell to approve WCUP 24-08 in accordance with the Whitefish City Code Titled 11, Chapter 7, Subsection 8 based on the findings of facts presented in the report and subject to seven conditions of approval. The motion carried. b) Resolution No. 24-41; A Resolution amending the Legacy Home Program Administrative Procedures, Purchase Prices, Rental Prices, and Fees in Lieu (p.100) (YouTube Video 26:10) Planning and Building Director Dave Taylor presented his staff report that is provided in the packet on the website. Mayor Muhlfeld opened the Public Hearing. There being not public comment, Mayor Muhlfeld closed the Public Hearing and turned matters over to the Council for their considerations. Councilor Feury made a motion, seconded by Councilor Caltabiano to approve Resolution No. 24-41; A Resolution amending the Legacy Home Program Administrative Procedures, Purchase Prices, Rental Prices, and Fees in Lieu. The motion carried. 7) COMMUNICATION FROM PLANNING AND BUILDING DIRECTOR a) Consideration of a request from The Willow HOA for a Whitefish Lake and Lakeshore Minor Variance to the constructed area regulations in order to remove the existing 110 foot long, 2-foot- wide fixed walkway and replace it with a floating five-foot-wide walkway, located at 1340 Wisconsin Avenue (WLV 24-02) (p.107) (YouTube Video 30:32) Planner Nelson Loring presented his staff report that is provided in the packet on the website. This application does not meet all three criteria, therefor staff recommends denial of this application request. 2  CITY COUNCIL MINUTES September 3, 2024 Jeff Evans was acknowledged and approached the podium. He stated there has been incidents where an elderly person fell off the dock plank, which is very unstable. Councilor Sweeney made a motion, seconded by Councilor Feury to deny the Willow HOA request for a Whitefish Lake and Lakeshore minor variance. The motion carried 5-1 vote, Councilor Norton voting against the motion. 8) COMMUNICATIONS FROM CITY MANAGER (YouTube Video 40:24) a) Written report enclosed with the packet. Questions from Mayor and Council? (p.133) None b) Other items arising between August 28th and September 3rd Manager Smit reminded the Council that the Council Retreat is scheduled for September 14, 2024 at 9:00 am at Grouse Mountain. 9) COMMUNICATIONS FROM MAYOR AND CITY COUNCILORS None 10) 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 7:50 p.m. /s/John Muhlfeld Mayor Muhlfeld Attest: /s/Michelle Howke Michelle Howke, Whitefish City Clerk 3