Mayor & City Council

WHITEFISH CITY COUNCIL March 3, 2025 7:10 P.M. 1) CALL TO ORDER Mayor Muhlfeld called the meeting to order. Councilors present were Qunell, Feury, Caltabiano, Davis, and Sweeney. Councilor Norton was absent. City Staff present were, City Clerk Howke, City Manager Smith, City Attorney Jacobs, Planning and Building Director Taylor, Public Works Director Workman, Parks and Recreation Director Butts, Police Chief Kelch, Fire Chief Hadley and Senior Planner Compton-Ring. Approximately seven people were in the audience, and one attended virtually. 2) PLEDGE OF ALLEGIANCE Mayor Muhlfeld asked Richard Hildner 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 0:40) Phil Boland, 12 Green Place, acknowledged the Fire Department for rescuing him from his mangled vehicle three weeks ago. They did a superb job extricating him and giving him medical aid on the way to Logan Health. He also thanked Councilor Sweeney for taking his place last week at the Community Development Board meeting. He appreciates all the efforts. Leo Keane, 514 Pine Place, provided the following comments. 1) Whitetail Ridge Development: he commended the Council for efforts to retain trees, although noted limited preservation potential due to small lots. He inquired about alignment with the tree ordinance and options for further tree preservation. 2) Emerald Ash Borer concerns: He warned Council about the potential loss of green ash trees if the Emerald Ash Borer crosses the continental divide. He suggested a proactive replacement of ash trees with disease-resistant species. Parks, Recreation and Community Service Director Butts responded that staff have developed an Emerald Ash Plan and are actively replacing ash trees with native, resistant species. 3) Deer population issues: He highlighted overpopulation of deer in town, causing habitat destruction and frustration among residents. He urged the Council to address the issue, referencing habitat degradation in his own backyard. Mayor Muhlfeld noted a recent work session with FWP deer management, and staff have been directed to develop a plan, currently under the Police Department’s purview. Richard Hildner, 104 5th Street, expressed gratitude to Director Workman and Long-Range Planner Tiefenbach for attending Erica Fischer’s presentation on infrastructure and wildfire, noting its significance. He announced a public presentation by DNRC, Forest Service, and County Emergency Services on wildfire preparedness. The event will be held on Thursday, March 7th, from 6pm to 8pm at FVCC in the Arts and Technology Building. Topics will include evacuation, home hardening, defensible landscaping, forest management, and grant funding opportunities, followed by a Q&A session. He encourages all to attend. 4) COMMUNICATIONS FROM VOLUNTEER BOARDS (YouTube Video 9:24) None Mayor Muhlfeld moved agenda item 8a).  CITY COUNCIL MINUTES March 3, 3025 8a) Letter from Big Mountain Commercial Association requesting an increase in annual contribution to the Shuttle Network of Whitefish (SNOW Bus) (p.453) Kim Wortman, Executive Director of the Big Mountain Commercial Association (BMCA), presented on the SNOW Bus shuttle network. The SNOW Bus operates for four months during winter with three buses daily and four months in summer with one bus daily. BMCA requests an increase in the city’s contributions from $15,000 to $100,000. The additional funding would represent 10% of BMCA’s $93,000 annual operating budget, with 90% funded by private businesses. Kim emphasized the community’s strong support, reflected by BMCA’s 109 local business members. The city prioritizes sustainability, and BMCA expressed commitment to maintaining and potentially expanding services. Councilor Caltabiano inquired about bus usage charges, and Kim confirmed the service is free, which survey respondents greatly value. Mayor Muhlfeld asked whether the requested funding increase would enable expanded services; Kim clarified it would sustain current operations amid rising costs, with $175,000 additional funding needed for expanded summer services. Manager Smith recommended addressing funding requests during budget planning for fiscal year 2026 to assess potential impacts, including property tax implications. She sought Council direction on incorporating the increase into budget discussions. Councilor Qunell requested detailed financial data before deciding. The Council expressed willingness to continue discussions as part of the preliminary budget process, appreciating BMCA’s existing contributions. 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 15:20) a) Minutes from February 18, 2025, Regular meeting (p.29) b) Consideration of a request from Jon Scurlock for a Whitefish Lake and Lakeshore Protection Permit to install an 80-foot dock in the Lakeshore Protection Zone, located at 1440 W. Lakeshore Drive (WLP 25-03) (p.35) c) Consideration of a request for Final Plat for The Whitefish Yards (formerly known as the 95 Karrow Subdivision), for a 10-lot mixed use subdivision located at the north end of Karrow Avenue, zoned WI-T (Industrial Transition District) and WT-3 (Neighborhood Mixed-Use Transitional) (WFP 25- 01) (p.54) Councilor Sweeney made a motion, seconded by Councilor Feury 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 Devin Stus, Modus America Corp for a Conditional Use Permit to construct a second 12-unit multi-family apartment located at 719 Edgewood Place, zoned WR-4 (High Density Multi-Family Residential District) (WCUP 25-01) (p.328) (YouTube Video 16:00) Senior Planner Wendy Compton-Ring presented her staff report that is provided in the packet on the website. Staff received three written public comments that are included in the packet. Two letters were supportive, and one letter was general comments. The Community Development Board amended Condition #5 to require six bicycle parking spaces must be provided at the Phase II building. Mayor Muhlfeld opened the Public Hearing. 2  CITY COUNCIL MINUTES March 3, 3025 Devin Stus (Virtual), applicant’s representative, sought support for the construction of a 12-suite long-term rental apartment, marking the final phase of a two-phase development. Proposed rental rates range from $1,200 to $1,300 per month, aligned with 60-80% of the area median income, providing affordable housing options. The project addresses the “missing middle housing” need, bridging the gap between low- income rentals and first-time homeownership. Its proximity to downtown promotes walkability, cycling, and a vibrant downtown environment by enabling workers to live near local businesses. There being no further public comment, Mayor Muhlfeld closed the Public Hearing and turned maters over to the Council for their consideration. Councilor Caltabiano made a motion, seconded by Councilor Qunell to approve WCUP 25-01, the Findings of Fact in the staff report and recommended conditions of approval, as amended. The motion carried. b) Resolution No. 25-06; A Resolution to establish a new fee schedule for all recreation programs (p.413) (YouTube Video 27:25) Director of Parks, Recreation and Community Services, Maria Butts, 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 turned matters over to the Council for their consideration. Councilor Qunell made a motion, seconded by Councilor Caltabiano to adopt Resolution No. 25-06. The motion carried. c) Ordinance No. 25-03; An Ordinance rezoning 38 Central Avenue, zoned WB-3/WPUD (General Business District with a Planned Unit Development overlay) to WB-3 (General Business District) and adopting findings with respect to such rezone (WZC 25-02) (First Reading) (p.428) (YouTube Video 32:44) Senior Planner Wendy Compton-Ring 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 turned matters over to the Council for their consideration. Councilor Feury made a motion, seconded by Councilor Sweeney to approve WZC 25-02 and the Findings of Fact in the staff report, as recommended by the Whitefish Community Development Board (Ordinance No. 25-03) on first reading. The motion carried. 7) COMMUNICATIONS FROM CITY MANAGER (YouTube Video 36:39) a) Written report enclosed with the packet. Questions from Mayor and Council? (p.443) None b) Other items arising between February 26th through March 3rd Manager Dana Smith provided an update to the Legislative Session: 3  CITY COUNCIL MINUTES March 3, 3025 • Inclusionary Zoning: The hearing Mayor Muhlfeld and others testified at was tabled in committee on party line. Transmittal is Friday but getting it back on the floor is unlikely. • Zoning Revision Bills: A bill to eliminate zoning laws was tabled. Another bill revising municipal zoning laws to eliminate parking requirements passed the House on its third reading (HB 492). • Lobbyist Prohibition (SB 254): Scheduled today; would prohibit public funds for hiring lobbyists. Comments are being prepared in opposition. • PERS Contribution Increase: The employer contribution for PERS will rise by 0.1% annually over the next 10 years, adding costs to the city. • Lakeshore Laws: A bill allowing the city to enforce actions on Whitefish Lake was tabled (SB 304). Another lakeshore bill would grandfather violations if unnoticed after three years; the city opposes it. • Zoning Amendments: o SB 266 passed the Senate, requiring triplexes and fourplexes in residential zones for cities with 5,000+ people. o Another bill mandates allowances for buildings at least six stories in commercial zones. o SB 366, amended in committee, allows short-term rentals of ADUs, removing adjacent property provisions. • Resort Tax Bills: A proposed change to allow the additional 1% resort tax for workforce housing and infrastructure (SB 172). This applies to resort communities exceeding the population threshold as of January 1, 2025. 8) COMMUNICATIONS FROM MAYOR AND CITY COUNCILORS (YouTube Video 47:12) a) Letter from Big Mountain Commercial Association requesting an increase in annual contribution to the Shuttle Network of Whitefish (SNOW Bus) (p.453) Council Comments Councilor Caltabiano the Bike/Ped Committee celebrated Senior Project Engineer, Karin Hildings, retirement. He congratulated her for 29 years of service for the City of Whitefish. Councilor Qunell stated during the work session, Councilor Sweeney adjusted his stance on council compensation, now supporting it to begin on July 1, 2025, instead of January 1, 2026. He explained his decision was influenced by the context of the nearly tied vote. Mayor Muhlfeld inquired about enrollment periods for health insurance eligibility. Manager Smith noted that open enrollment is typically in May but would confirm with MMIA regarding flexibility for new employees starting mid-year, stated that enrollment could align with when compensation begins. Councilor Sweeney praised Director Butts for her consistently detailed and clear staff reports. He shared his frustration about a Zoom meeting where he was set to testify on behalf of the city. The meeting’s start time was delayed, and the agenda was rearranged, pushing the bill behind five others. He interpreted this as an attempt to avoid hearing from affected constituents. Sweeney plans to contact Senator Ferns to address this issue, which he sees as a disservice to citizens. Councilor Feury noted that Manager Smith suggested conducting a community survey regarding garbage services during the work session, and the Council supported the idea. He also expressed condolences to the family of Harry Brown, a valued community member who contributed significantly to the community over the years. 4  CITY COUNCIL MINUTES March 3, 3025 Councilor Davis stated the Climate Action Plan Committee submitted a letter a couple weeks ago pertaining to paid parking in the downtown area. He would like to provide some sort of feedback to the Committee. The Council agreed to have a discussion during a work session. Mayor Muhlfeld mentioned the Pickleball Courts at Smith Fields suffered damage during a windstorm. Repairs, specifically replacing a fence, cost $38,000. Attorney Jacobs reported that MMIA, the city’s insurance provided, denied coverage for the damages. MMIA questioned the replacement cost of the fence and clarified that the lease of Smith Fields covers the land, not improvements. Councilor Sweeney raised the question of whether the city should provide insurance support for structures at Smith Fields. He saw this as a city asset worth supporting on some level. Attorney Jacobs suggested exploring options, such as covering the deductible for MMIA, but acknowledged potential precedents for other facilities. Manager Smith highlighted that for the Wave (another city-leased property), the city carries property insurance, which costs $27,000 annually. The council deliberated whether supporting Smith Fields with insurance or funding repairs could be a viable and valuable option for the city. Mayor Muhlfeld observed vacant storefronts downtown and raised concerns about why there hasn’t been more pressure from formula retail businesses to establish in Whitefish, given the town’s popularity. The city currently restricts formula retail in the WB-3 downtown core. Director Taylor echoed this concern via email and noted that the existing zoning code allows chains to bypass restrictions by meeting specific criteria, such as altering menus or logos. Taylor suggested the council consider tightening the zoning code. The council directed staff to prepare zoning recommendations and scheduling a work session to discuss potential changes. Director Workman stated there hasn’t been a public works project in the last three decades that Karin hasn’t had some role to play. He thanked her for almost 30 years of service to the city. 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 8:19 p.m. /s/John Muhlfeld Mayor Muhlfeld Attest: /s/Michelle Howke Michelle Howke, Whitefish City Clerk 5