Mayor & City Council

WHITEFISH CITY COUNCIL February 18, 2025 7:10 P.M. 1) CALL TO ORDER Deputy Mayor Sweeney called the meeting to order. Councilors present were Qunell, Davis, and Norton. Mayor Muhlfeld and Councilors Feury and Caltabiano were absent. 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, Deputy Police Chief Conway and Fire Chief Hadley. Approximately 20 people were in the audience, and one attended virtually. 2) PLEDGE OF ALLEGIANCE Deputy Mayor Sweeney asked Phyllis Quatman 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) Chris Schustrom, 504 Spokane Avenue, a member of Whitefish Shines, invited members of the community to help take down the decorations on Sunday, February 23rd. Volunteers can meet at the intersection of 3rd Street and Central Avenue at 8:45am. Lunch is provided for volunteers at the Great Northern Bar and Grill afterwards. Richard Hildner, 104 E. 5th St., announced that as part of the Fire Safe Flathead information series, Erica Fischer, PhD forestry expert from Oregon State University, will be delivering a lecture on the impact of wildfires in communities. The event is scheduled for Thursday, February 27th from 6:00pm to 8:00pm in the Arts and Technology room at Flathead Valley Community College. The lecture will cover topics such as wildfire suppression challenges, damage to critical infrastructure, and the effects of past fire exclusion policies combined with climate change. Dr. Fischer will also discuss her cutting-edge research on wildfire impacts and strategies for high-risk communities to adapt and mitigate fire risks. Mr. Hildner encourages councilors and staff to attend the event, highlighting Dr. Fischer's expertise and relevant discussions related to incidents in California. Paul Burton, a homeowner in the Tamarack Ridge neighborhood, spoke regarding agenda item 7c. He emphasized the importance of dedicating Merganser Court and Harlequin Court as public streets, similar to Haugen Heights, which was accepted by the city in 2020. He highlighted the disparity created among homeowners, as only those on Haugen Heights currently pay the higher public street assessment fee. Dedicating the additional streets would ensure all homeowners in the HOA pay the same assessment, promoting equity. The increased HOA revenues would offset snowplowing costs. Burton noted that the streets are in very good condition. 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  CITY COUNCIL MINUTES February 18, 2025 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 February 3, 2025, Regular meeting (p.23) Councilor Norton made a motion, seconded by Councilor Qunell to approve the Consent Agenda as presented. 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 Whitetail Ridge Holdings LLC to amend Condition #7 of WPP 24-02, a 73-lot subdivision located on Flathead Avenue and West 18th Street (p.27) Senior Planner Wendy Compton-Ring presented her staff report that is provided in the packet on the website. Discussion followed highlighting that the subdivision layout is not final, and lot lines are not set, making it difficult to identify specific tree removals. There were concerns about overseeing the tree removal process, ensuring it aligns with the field conditions, and requirements for revegetation to prevent noxious weeds, and extensive clear cutting. Eric Mulcahy from Sands Surveying explained that the request arose because they did not fully understand the condition's extent at the council meeting. It is common practice to log and grade building sites along with road grading for proper drainage and infrastructure efficiency. The lots in question are relatively small, around 10,000 square feet, with mature trees that need to be logged for infrastructure. If logging is not done now, it will still need to be done later, potentially complicating the process with existing infrastructure and nearby houses. They propose clearing a 50’ x 50’ building envelope to allow for the construction of homes without further tree removal, ensuring safety and efficiency. They emphasize that they are not clear- cutting the whole site but selectively logging while considering setbacks and side yards. Councilor Norton asked about the space between building sites, to which Eric responded that the city has a 10-foot side yard setback, resulting in 20 feet between lots. Norton expressed concern about the appearance of clear-cutting and sought alternatives. Eric explained that the lots are small with trees left in the rear setback. Norton hoped for a way to make clear-cutting more acceptable to the public, and Eric suggested flagging the areas to be cut, noting the property is not open to the public. The proposed logging area is 15 acres, with 19 acres remaining untouched. Councilor Qunell inquired if it is standard to remove all trees from lots, mentioning selective thinning and subsequent development. Eric explained that clear-cutting is typical to help visualize building sites, and rights-of-way are always cleared. In places without clear-cutting, extensive thinning is done. Qunell asked why not apply selective thinning in this case. Eric cited the rapid buildout plan as the reason. Qunell then asked about extensive grading and its difficulty on a lot-by-lot basis. Eric confirmed it is more efficient to handle all at once, though it can be done lot by lot. Deputy Mayor Sweeney opened the public hearing. Richard Hildner, 104 5th Street, expressed concerns that the developer is not adhering to what was agreed upon and shifting the responsibility back to the Council. He emphasized that any inconvenience and cost should be borne by the developer. He noted that the vegetation in the area is primarily western larch, a fire-resistant tree, and argued that tree removal should consider the Home Ignition Zone (HIZ). He dismissed concerns about damage to asphalt, curbs, and gutters, noting the city's history of tree removal without causing such damage. He highlighted the importance of creating a fire-resilient community through proper building 2  CITY COUNCIL MINUTES February 18, 2025 codes, materials, and landscaping. Lastly, he encouraged the Council to enforce the original agreement and ensure the developer complies with their recommendations. Richard Dugan, a resident of O'Brien Bluffs, expressed his skepticism regarding the claimed changes to the plan. He mentioned that he had just heard about these changes and doubts their validity. Dugan also indicated that he finds the plat unclear, especially concerning the available space and the presence of large trees, which he believes are significant to his neighborhood. Walker Corum, whose family has owned the property since the 1960s, emphasized the importance of safety in the lot clearing process. The property was previously thinned in the early 2000s, and the family stressed preserving as many trees as possible during the sale. He explained that the clearing crew would use specialized equipment to safely handle trees without damaging surrounding vegetation. Corum highlighted the risks of unqualified individuals handling tree removal, such as potential damage to houses, light poles, and fire hydrants. He confirmed that proper equipment would be on-site during the clearing of roads and utility easements and stressed the urgency of clearing the lots now. There being no further public comment, Deputy Mayor Sweeney closed the public hearing and turned matters over to the Council for their consideration. Councilor Davis made a motion, seconded by Councilor Norton to modify Condition #7 to state the tree on individual lots may not be removed during infrastructure installation unless in the dry utilities easement or deemed hazardous by a qualified professional. Overall, the Councilors acknowledged the efficiency of clearing trees now but highlighted the benefits of allowing homeowners to decide on tree removal, preserving trees for water retention, safety, and aesthetic purposes. The motion carried. b) Resolution No. 25-05; A Resolution revoking Conditional Use Permit WCUP 24-05 (p.50) Planning and Building Director Dave Taylor presented his staff report that is provided in the packet on the website. Staff received five written letters; three letters were in support of revoking the CUP, and two letters were against revoking the CUP. Councilor Davis stated in reading and reviewing this, the zoning interpretation that was decided by the Community Development Board is final and the Council does not have a choice but to revoke this. Deputy Mayor Sweeney opened the Public Hearing. Kate McMahon, 151 Wedgewood Lane, appellant. She agrees with the staff’s assessment, staff report and urges the Council to pass the resolution to revoke. Mike Casey, 195 Blanchard Lake Road, supported the development of the hangar and requested his letter be made public record. He criticized the appellants for spreading misinformation and stated that the 300-foot setback is from the airstrip, confirmed by the State. He praised the Planning Director's interpretation of the code, which he helped write in 2014. Casey attended the Whitefish Community Development Board meeting and observed a lack of discussion on whether upholding the appeal was justified. He asserted that the appellants were not specifically aggrieved and criticized the Board for ignoring staff recommendations and questioning the Planning Director's integrity. He claimed the applicant followed the rules but was unfairly portrayed as a villain. He accused the appellants of misleading the Council and the public. He refuted the appellants' five reasons for grievance, emphasizing that the zoning administrator did not err in his interpretation and that the appellants were not specifically aggrieved. Casey urged the Council to act with integrity and uphold their previous decision. 3  CITY COUNCIL MINUTES February 18, 2025 Brad Schuster, Alaska and Northwest Mountain Regional Manager, AOPA (attended virtually), represents over 2,000 members in Montana and several hundred near Whitefish. On behalf of these members, he requested a final determination regarding the appeal of WCUP 24-05. While Schuster rarely engages with real estate legislation, he understands that the resolution may revoke WCUP 24-05, which is a request to develop a hangar at Whitefish Airport. He emphasized that political subdivisions manage their own zoning and permitting policies, expressing dismay that the Council might revoke the permit without ruling on the appeal itself. Schuster cited Whitefish Code 12-28, stating that the appellant must be directly aggrieved, and the appeal must be based on regulation interpretation. Though he didn't address regulatory interpretations, he argued that the appealing parties haven't proven their status as the legitimately aggrieved party. He emphasized this for the record and future consideration. Schuster urged that the appeal be rejected. He warned that revoking the CUP would negatively signal to aviators and future developers at the airport and Whitefish, highlighting the costly and time-consuming process for the applicant. There being no further public comment, Deputy Mayor Sweeney closed the Public Hearing and turned matters over to the Council for consideration. Councilor Qunell asked, and City Attorney Jacobs stated the Community Development Board has the final say with respect to the appeal of the zoning administrator’s decision with respect to the setbacks. This is not an appeal. An appeal would go straight to District Court. The decision in front of the Council is to revoke the Cup because pursuant to the Community Development Boards decision the applicant cannot comply with our zoning code as it stands. Councilor Norton made motion, seconded by Councilor Davis to revoke CUP 24-05 (Resolution No. 25-05) based on staff’s recommendation and the Community Development Boards decision. Councilor Qunell emphasized that the Council has no choice in revoking the CUP and expressed hope that people understand this. He mentioned he had opposed the majority at the Community Development Board meeting. Councilor Norton found the issue complex and pointed out the need for more analysis, especially considering safety concerns regarding the airport’s impact. Councilor Davis supported the motion due to lack of other options and highlighted the complications stemming from unclear zoning text. He expressed dissatisfaction with some comments made at the Community Development Board hearing regarding the ethics of the people involved. The motion carried. 7) COMMUNICATIONS FROM CITY MANAGER a) Written report enclosed with the packet. Questions from Mayor and Council? (p.150) Manager Smith provided an update to the legislative session. Mayor Muhlfeld testified in support of HB 378 which would remove restrictions on inclusionary zoning. Senator Fern has SB 172 that is scheduled for a hearing Thursday at 9:00 am. This bill is about resort tax and would open up the opportunity for the city of Whitefish to utilize the remaining 1%, to go up to 4%. This would also include the opportunity for workforce housing. Senator Fern has SB 304 which would update our lakeshore laws. A city or town with a lake no more than 5,000 surface acres in or approximate to the city or town and that is the source of drinking water would have the ability to penalize and stop construction for a landowner that violates this section. b) Other items arising between February 12th through February 18th None 4  CITY COUNCIL MINUTES February 18, 2025 c) Review the request from Tamarack Ridge HOA for the City Council to consider the dedication of Merganser Court and Harlequin Court, and provide direction to staff (p.159) Manager Smith presented her staff report that is provided in the packet on the website. Discussion between Council and staff highlighted the financial and logistical implications of dedicating private roads to public use. While the current proposal offers some benefits, broader adoption would require careful consideration of the city's capacity and resource allocation. Councilor Qunell made a motion, seconded by Councilor Davis to direct staff not to accept the dedication of Merganser Court and Harliquinn Court. Councilor Qunell opposes the idea of converting private roads to public ones, citing unfavorable cost-benefit analysis for the city. Councilor Davis supports the motion despite mixed feelings, criticizing the current structure that incentivizes private roads and forces neighborhoods into HOAs. He raises broader questions about whether all neighborhoods need HOAs. Councilor Norton supports the dedication of the streets to the city, referencing Director Workman's assurance that they are built to good standards. Deputy Mayor Sweeney opposes the motion, arguing that the streets should have been public initially and that homeowners won't receive additional benefits compared to other residents. He believes the city can manage snow plowing on these streets. The motion failed on a tie vote; Councilors Qunell and Davis voting in support of the motion to not accept the dedication, Councilor Norton and Deputy Mayor Sweeney voting in opposition. Councilor Norton made a motion to incorporate Tamarack Ridge to be incorporated in the city maintenance of their roads. Director Workman stated the motion should be to direct staff to work with the HOA to revise the plat. Manager Smith recommended a motion to postpone when more Council is present. Councilor Norton amended her motion to consider the dedication of Merganser Court and Harlequin Court and direct staff to move forward with the request. Councilor Qunell seconded the motion. The motion carried. 8) COMMUNICATIONS FROM MAYOR AND CITY COUNCILORS a) Consideration of approving the tentative FY26 Budget calendar (p.164) The Council approved the tentative calendar with a head nod. Councilor Qunell will be out of town during the June meetings. b) Letter from Whitefish Community Center requesting funds for staff compensation (p.165) Thomas Hughes spoke about his letter that is included in the packet. Councilor Qunell made a motion, seconded by Deputy Mayor Sweeney, to see this as a proposal for further discussion in the FY26 Preliminary Budget. The motion carried. c) Letter from Richard Hildner regarding the proposed Star Meadows Fire District (p.167) Manager Smith provided an update to the proposed Star Meadow Fire District in her Manager’s Report provided in the packet. Council Comments Councilor Qunell reported that a member of the Community Development Board was involved in an accident and is not able to attend meetings for an undisclosed amount of time. He asked and Deputy Mayor Sweeney stated he would serve as the temporary board member. 5  CITY COUNCIL MINUTES February 18, 2025 Councilor Norton stated we have one mechanism to advocate for ourselves at the federal level, which is our city manager approving us to have specific hardships that only Whitefish is going to endure because of these changes. We are not allowed to advocate for anything that affects everybody in the U.S. She also stated she got an email that commended our Code Compliance Officer for providing door hangers reminding people to remove snow. He has moved here from Aspen and thinks we should be doing better. Deputy Mayor Sweeney noted that the issues with the Conditional Use Permit (CUP) at the airport were self-created by the city of Whitefish. He requested that Planning staff present what the law and zoning should have been, and he suggested refunding the applicant's application fees. Councilor Norton requested an overlay analysis of the airport and railroad. Councilor Davis acknowledged problems with the zoning and the process, emphasizing the need for a comprehensive discussion about the airport's vision and potential impacts of a text amendment. He also noted the importance of public debate. All four members present agreed to refund the applicant's fees. 9) ADJOURNMENT (Resolution 08-10 establishes 11:00 p.m. as end of meeting unless extended to 11:30 by majority) Deputy Mayor Sweeney adjourned the meeting at 9:37 p.m. /s/Frank Sweeney Deputy Mayor Sweeney Attest: /s/Michelle Howke Michelle Howke, Whitefish City Clerk 6