Mayor & City Council

WHITEFISH CITY COUNCIL March 17, 2025 SPECIAL SESSION AT 5:15 PM 1) Call to Order Mayor Muhlfeld called the meeting to order. Councilors present were Qunell, Feury, Caltabiano, Davis, and Sweeney. Councilor Norton was absent. Staff present were City Manager Smith and City Clerk Howke. 2) Interviews for Whitefish Housing Authority The City Council interviewed Sandi Crow, Tara Zimmerman, Bonny Salsbery and Jason Suazo for the Whitefish Housing Authority. 3) Public Comment None 4) Appointment – Two (2) positions, one (1) to complete the term ending 12/31/2025; one (1) to complete the term ending 12/31/2027. Mayoral appointment. Mayor Muhlfeld appointed Jason Suazo to the Whitefish Housing Authority to complete the term ending 12/31/2027. The Council ratified his appointment. After some discussion, the City Council and Mayor Muhlfeld found it pertinent to restructure the requirements for the board and directed staff to re- advertise specifying the requirements. The Council will consider the current applicants with the future applications. 5) Adjournment Mayor Muhlfeld adjourned the meeting at 6:20pm and opened the work session. /s/John Muhlfeld Mayor Muhlfeld Attest: /s/Michelle Howke Michelle Howke, Whitefish City Clerk  WHITEFISH CITY COUNCIL March 17, 2026 7:10 P.M. 1) CALL TO ORDER Mayor Muhlfeld called the meeting to order. Councilors present were Qunell, Feury, Caltabiano, Davis, Sweeney. Councilor Norton was 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, Deputy Police Chief Conway and Fire Chief Hadley. Approximately six people were in the audience, and one attended virtually. 2) PLEDGE OF ALLEGIANCE Mayor Muhlfeld asked Carter Unger 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 1:27) Joan Ehrenberg, 744 Hidden Valley Dr., addressed the City Council, requesting a follow-up on the Non-Discrimination Ordinance to include a clause prohibiting certain gestures. She expressed concerns about the presence of Nazi-associated gestures, referencing their historical and symbolic implications. Joan noted that such gestures are prohibited in Germany and suggested the Council consider similar measures to enhance community safety. 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 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 4:00) a) Minutes from March 3, 2025, Regular meeting (p.20) b) 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) (Second Reading) (p.25) c) Consideration to amend Masters Green CC&Rs pursuant to former §12-2-6 of the WCC to remove one lot from the HOA (p.28) Councilor Sweeney made a motion, seconded by Councilor Caltabiano to approve the minutes 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 Block 26 Partners, for a Conditional Use Permit to operate a bar at 304 E. 1st Street, known as The Larch House, zoned WB-3 (General Business District) (WCUP 25-02) (p.72) (YouTube Video 4:22)  CITY COUNCIL MINUTES March 17, 2025 Planning and Building Director Dave Taylor presented his staff report that is provided in the packet on the website. Staff received one letter of support prior to the meeting, that is appended to the packet. Mayor Muhlfeld opened the Public Hearing. Doug Peppmeier, TD&H Engineering, applicant representative. He worked with staff quite a bit on this application and is in agreeance with the recommendations. He is available for questions. Joan Ehrenberg, 744 Hidden Valley Dr., raised concerns about the outdoor amplification ordinance. She noted the potential noise impacts from the rooftop bar situated near a row of homes, along with the nearby bike trail and river. She expressed disappointment regarding parking arrangements, mentioning that only one row of parking on Railway Street is planned, which she deemed inadequate for the project's scale. She also questioned the extent of outdoor amplification permitted and emphasized that while she supports music, she values peace and quiet during activities like being on the lake. Daniel Fuller, the applicant, expressed appreciation for the opportunity to speak. They conveyed excitement about the project and emphasized its quiet nature and respectful design. The project's scale has been intentionally reduced to harmonize with the neighborhood, avoiding maxing out the building footprint. Fuller highlighted their admiration for the neighborhood's transitional character and their aim to anchor the railway district while enhancing the retail loop. They reassured the Council that the project prioritizes a peaceful atmosphere rather than a rowdy environment. Food and beverage services will be situated on the south end, away from the bike path, to minimize disruption. There being no further public comment, Mayor Muhlfeld closed the Public Hearing and turned matters over to the Council for their consideration. Councilor Caltabiano made a motion, seconded by Councilor Qunell; to approve WCUP 25-02, the Finding of Fact in the staff report and the five conditions of approval as recommended by the Whitefish Community Development Board on February 20,2025. The motion carried. b) Resolution No. 25-07; A Resolution to adopt the Western Region Hazard Mitigation Plan (p.101) (YouTube Video 12:57) City Manager Dana Smith presented her staff report that is provided in the packet on the website. Adoption of this Plan will ensure the City of Whitefish to be eligible for FEMA mitigation grant funding both post and pre-disaster. Mayor Muhlfeld opened the Public Hearing. Richard Hildner, 104 5th Street, expressed that the City Council does not have a choice whether or not to adopt the plan. He respectfully recommended postponing the decision until the next meeting to allow the Council time to review areas with the highest impact on Whitefish. Additionally, he highlighted that the document was costly and contains data that is two and a half years old, which warrants further scrutiny. Joan Ehrenberg, 744 Hidden Valley Dr., requested the City Council consider implementing an overlay safety zone for logging roads, restricting their use to emergency services only and prohibiting development. She emphasized the importance of maintaining safe neighborhoods and a safe community. She also recommended a more thorough review of the related document. 2  CITY COUNCIL MINUTES March 17, 2025 There being no further public comment, Mayor Muhlfeld closed the Public Hearing and turned matters over to the Council for their consideration. Juanita Nelson, Office of Emergency Services, Emergency Management Planner, stated once this plan is adopted, it enables the City of Whitefish as a jurisdiction to go after federal grant funding. She added this plan requires an annual review so once it is formally adopted by each jurisdiction, she will set a meeting for a formal annual review with the stakeholders. Councilor Feury made a motion, seconded by Councilor Caltabiano to adopt Resolution No. 25- 07; A Resolution to adopt the Western Region Hazard Mitigation Plan. Councilor Feury stated this is heavily dependent on federal funding, and he has concerns that some of this will come back given the current federal administration. The motion carried. 7) COMMUNICATIONS FROM PUBLIC WORKS DIRECTOR a) Consideration to award construction contract for the Viaduct Improvement Project (p.662) (YouTube Video 26:21) Public Works Director Craig Workman presented his staff report that is provided in the packet on the website. The Engineer’s Estimate was $702,192. The low bidder was Razz Construction at $874,314.25. The Street Fund has a healthy Reserve balance and can absorb the required spend down. The Council discussed the scope of the proposed contract involving four elements: relocating jersey barriers to widen bike lanes, removing the southbound slip lane at Railway Street and converting Railway to a two-way road with angled parking, improving street lighting, and implementing gateway landscaping. Director Workman noted previous bids were postponed due to high costs and explained that the current bid includes landscaping and remains over budget, with the possibility of costs rising further if delayed. Councilors raised concerns about bid accuracy, contractor capabilities, and cost control. Councilor Qunell questioned discrepancies between bid amounts and expressed skepticism about the pricing of some items. He emphasized the importance of landscaping and lighting but opposed the high costs for moving jersey barriers. Councilor Feury supported proceeding with the overall project, citing economies of scale and inflation concerns, and highlighted safety issues with the existing viaduct. Mayor Muhlfeld suggested breaking out elements like landscaping and lighting for separate bidding, but Director Workman noted statutory constraints that prevent dividing the project into smaller components. Manager Smith reassured that the budget impact would be minimal. Ultimately, the Council debated whether to move forward with the current bid or delay the project, considering future cost implications, legal restrictions, and the importance of addressing safety concerns on the viaduct. The Council discussed the complexities and costs associated with moving the jersey barriers. Director Workman explained that the process involves removing and replacing 2,000 feet of median curb, replacing out-of-compliance federal highway standard crash attenuators at a cost of $66,000, and implementing necessary traffic control measures. He emphasized that while the costs are significant, they are unlikely to decrease in the future. 3  CITY COUNCIL MINUTES March 17, 2025 Councilor Davis expressed frustration over escalating costs and diminishing project scope but acknowledged the importance of the project. He supported exploring alternative bidding or restructuring options to reduce costs, though he ultimately agreed to proceed if no other options were viable. Manager Smith reminded the Council that rebidding the project incurs additional engineering costs, which may offset potential savings. Councilor Sweeney supported moving forward, emphasizing that delaying the project would likely increase costs and that moving the jersey barriers is a critical public safety issue. He highlighted the safety benefits of the project, even if they may not be immediately appreciated by the public. Councilor Sweeney made a motion, seconded by Councilor Feury to award the contract to Razz Construction for the Viaduct Improvement Project. Councilor Qunell suggested alternative safety measures, such as utilizing the wide shoulders on both sides of the bridge for bike lanes and pedestrian pathways, with appropriate signage. He expressed concerns about the project and stated he would not support the motion. Councilor Caltabiano opposed the motion, citing a 35% budget overrun from the original $700,000 estimate. He emphasized fiscal responsibility and declined to support the increased expenditure. Councilor Sweeney questioned the potential savings from rebidding the project, noting the long- standing safety concerns and the project's inclusion in the Master Plan. He acknowledged the cost increase but stressed the importance of addressing safety issues and completing the project. Councilor Davis highlighted the viaduct's significance as a heavily trafficked area and an anchor project for the town's long-term vision. While acknowledging the budget concerns, he supported the motion, citing the community's investment and the availability of street fund reserves to proceed without raising taxes. The motion carried 3-2, Councilors Qunell and Caltabiano voting in opposition. 8) COMMUNICATIONS FROM CITY MANAGER (YouTube Video 1:02:21) a) Written report enclosed with the packet. Questions from Mayor and Council? (p.669) None b) Other items arising between March 12th through March 17th Manager Smith informed the Council about HB 221, which proposes shifting municipal elections to even years. The bill has passed the House and is now in the Senate, with a hearing scheduled for March 19th. If enacted, it would require adjustments to election cycles, including one-year terms for some officials in 2025 and 2026, followed by regular four-year terms. This change would also impact the Judge and result in election costs for 2025, 2026, and 2028. The Charter may need amendments to accommodate this change. Councilor Davis expressed concerns about the logistical challenges of holding elections in consecutive years, suggesting this aspect should be revised or opposed. Councilor Sweeney highlighted the benefits of odd-year elections, such as community focus on local issues, and argued that moving to even years would not save money and could distract voters. The four Council members present, along with Mayor Muhlfeld, opposed the bill, and Councilor Sweeney volunteered to speak at the hearing. Manager Smith provided an additional update on the Legislative Session. 4  CITY COUNCIL MINUTES March 17, 2025 c) Consideration of a request from Northwest Montana Community Land Trust for funds from the City’s Affordable Housing Fund to facilitate the purchase of 511 Trailview Way, and to release the deed restriction (p.681) (YouTube Video 1:10:39) Mayor Muhlfeld acknowledged Kim Morisaki, Northwest Montana Community Land Trust Executive Director. They continue to have opportunities to purchase homes in Trailview from existing homeowners. They have been working with the Whitefish Housing Authority to bring those homes into the land trust. Councilor Davis made a motion, seconded by Councilor Caltabiano to approve the request from Northwest Montana Community Land Trust for funds from the City’s Affordable Housing Fund to facilitate the purchase of 511 Trailview Way and to release the deed restriction. The motion carried. 9) COMMUNICATIONS FROM MAYOR AND CITY COUNCILORS (YouTube Video 1:16:34) a) Letter from Kate McMahon, Robert Horne, Jack and Phyllis Quatman requesting a refund for fees paid to appeal WCUP 24-05 Airport Hangar (p.689) Mayor Muhlfeld acknowledged the expertise of Kate McMahon and Robert Horne regarding the appeal process due to their professional planning background. He expressed his view that the appeal request was reasonable but noted that it created significant challenges for staff and the applicant, who he believed was treated poorly during the process. The appeal required extensive efforts, including multiple reviews by the Community Development Board and this governing body, involving substantial staff, council, and appellant time. While the appellant ultimately achieved the desired outcome, Mayor Muhlfeld recommended that the appeal funds not be reimbursed to the appellants. The Council members in attendance supported the mayor's recommendation. Council Comments Councilor Feury welcomed the U.S. Army Patrol who is having their reunion here this week. He also acknowledged the passing of Don Spivey. Don and his wife Judy have been tremendous members of this community. Mayor Muhlfeld added Don served on the City-County Planning Board from 1992-1997, Board of Adjustments from 2001-2009, Bike/Ped Committee from 2002-2010, the PUD Re-Write Committee, the Transportation Plan Committee, and the Highway 93 Median Plan Committee. Our thoughts go out to Don’s family. Councilor Sweeney shared he would like to honor Don on an ongoing basis. 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 8:39 p.m. /s/John Muhlfeld Mayor Muhlfeld Attest: /s/Michelle Howke Michelle Howke, Whitefish City Clerk 5