Mayor & City Council

WHITEFISH CITY COUNCIL May 5, 2025 SPECIAL SESSION AT 5:00 PM 1) Call to Order Mayor Muhlfeld called the meeting to order. Councilors present were Qunell, Feury, Caltabiano, Davis, Sweeney and Norton. Staff present were City Manager Smith, City Clerk Howke, Senior Planner Compton- Ring. 2) Interviews The City Council held interviews for volunteer boards and committees whose terms expire in May. The Council interviewed Terri Dunn, incumbent for the Board of Park Commissioners. Jim DeHerrera was not in town for the interview but sent in his interest to serve another term on the Board of Park Commissioners. Incumbent Ryan Kiefer along with Jonathon Proto, and Mark Loncar were interviewed for the Architectural Review Committee. Hilary Vrana was scheduled to be interviewed but was not in attendance. Matt Gebo, Jesse Farnes and Edna White were interested in serving another term on the Whitefish Convention and Visitors Bureau as incumbents. Edna White was out of town at the time of interviews. The City Council also interviewed Mark Loncar, Brandon Kittner, Scott Steinmann and Sean Lujan for the Whitefish Convention and Visitors Bureau. 3) Public Comment None 4) Appointment Mayor Muhlfeld appointed Jim DeHerrera and Terri Dunn to the Board of Park Commissioners for another 2-year term. The Council ratified his appointment. Councilor Sweeney made a motion, seconded by Councilor Norton to appoint Ryan Keifer to another term on the Architectural Review Committee. The motion carried. Councilor Qunell made a motion, seconded by Councilor Norton to appoint Mark Loncar to the Architectural Review Committee to serve a 3-year term. The motion carried. Mayor and Council asked City Clerk Howke to reach out to Hilary Vrana to schedule an interview at a later date, and to readvertise the position. Councilor Feury made a motion, seconded by Councilor Sweeney to re-appoint incumbents Matt Gebo and Jesse Farnes to the Whitefish Convention and Visitors Bureau for another 3-year term. The motion carried. Councilor Qunell made a motion, seconded by Councilor Sweeney to re-appoint incumbent Edna White to the Whitefish Convention and Visitors Bureau for another 3-year term. The motion carried.  CITY COUNCIL MINUTES May 5, 2025 Councilor Qunell made a motion, seconded by Councilor Norton to appoint Jason Suazo to the Whitefish Community Housing Committee as a recommendation from the Whitefish Housing Authority to complete the term ending December 31, 2025. The motion carried. 5) Adjourn Mayor Muhlfeld adjourned the meeting at 7:05pm and called the regular meeting to order at 7:10pm. /s/John Muhlfeld Mayor Muhlfeld Attest: /s/Michelle Howke Michelle Howke, Whitefish City Clerk 2  WHITEFISH CITY COUNCIL May 5, 2025 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 and Fire Chief Hadley. Approximately 34 people were in the audience and 1 attended virtually. Audio and video were temporarily down due to technical difficulties. 2) PLEDGE OF ALLEGIANCE Mayor Muhlfeld asked Boy Scout Troop #1936 to lead the audience in the Pledge of Allegiance. 3) PRESENTATION (No Audio/Video) a) Annual review and consideration of approval for Whitefish Convention and Visitors Bureau Marketing Plan and Budgeting for FY26 (p.59) Mariah Joos, Explore Whitefish/Whitefish Convention and Visitors Bureau Board Chair presented the Marketing Plan and the FY26 Budget that is provided in the packed on the website. Councilors Sweeney made a motion, seconded by Councilor Qunell to approve the FY26 Budget. 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) Mallory Phillips spoke towards the recent incident involving the illegal removal of Beker Rengifo. She encourages policy change. The Border Patrol should never be used for translation services. Velvet Phillips-Sullivan wrote a letter that is included in the packet addressing her concerns of the Border Patrol detaining Bekker Rengifo Rengifo and the Police Departments participation in his detainment. She is concerned that the Border Patrol is following protestors. She referred to Resolution No. 04-29 that was adopted July 6, 2004. A resolution petitioning the United States Congress to repeal portions of the Patriot Act. YouTube Video begins. “Z”, stated you cannot rectify the injustice perpetrated upon Becker, but you can issue a proclamation that the city of Whitefish welcomes immigrants, and they can be assured that in our beautiful community, operating a vehicle with a broken taillight will result in a citation, not a deportation. Shannon, a resident of Whitefish for 24 years, addressed the City Council regarding her growing fears of law enforcement interactions following a recent traffic stop involving Border Patrol. She shared how her greatest fear has shifted from concerns like bear encounters or drunk drivers to the possibility of being detained due to racial profiling, despite being a U.S.-born citizen. Shannon expressed concerns about the ability of Border Patrol to detain individuals without cause, the uncertainty of returning home, and the distress this causes her family—who have decided not to visit Whitefish due to similar fears. As the leader  CITY COUNCIL MINUTES May 5, 2025 of a Spanish conversation club at the library, she is now reconsidering meeting in public spaces, worried that speaking Spanish may prompt law enforcement intervention. She urged the Council to recognize that these concerns are not isolated incidents but a daily reality for her and others in the community. John Ratka Skinner, a long-time Flathead Valley resident and advocate for the local Latino community, addressed the council regarding concerns about local law enforcement’s engagement with Border Patrol. As a personal sponsor of Mr. RenhifoRengifo Del Castillo through the USCIS parole program, Skinner emphasized that Mr. RenhifoRengifo possessed valid documentation, including a Montana driver’s license, car insurance, and a work permit at the time of his police stop. He cited a recent district court ruling affirming the legal status of immigrants under this program. Skinner raised concerns about the increasing trend of local law enforcement calling Border Patrol under the premise of providing interpretation services, a policy change observed since January 20th. He noted that law enforcement agencies previously relied on telephone interpretation services, which remain available. He expressed frustration over the apparent racial bias in these interactions, questioning whether the same treatment would be applied to white individuals of Russian or Canadian descent. He urged the council to carefully consider its role in addressing these practices, emphasizing the need for a fair and equitable approach to law enforcement. Skinner looks forward to ongoing discussions with both the council and the Whitefish Police Department to foster an inclusive and united community. D. DeYong of Kalispell echoed previous speakers’ concerns, emphasizing the principles of liberty and justice for all. She highlighted the prevalence of racial profiling across the country and urged the council to reflect on its stance. Referencing a past incident in Whitefish where the Jewish community was targeted—prompting a local protest in support—DeYong called for a similar show of solidarity with migrants in the valley who face discrimination. She stressed that silence equates to complicity and advocated for accountability at all levels, including individuals, city leadership, police departments, and Border Patrol. Encouraging collaboration between the council and law enforcement, she emphasized the need for unity and thoughtful action. DeYong urged the council to consider its role in shaping the community’s future, reaffirming that many decisions rest in their hands. Marti Brandt, 575 Armory Road, questioned the city council about the circumstances under which local law enforcement engages Border Patrol, particularly whether they are genuinely being used for translation services. She suggested that alternative, more neutral options—such as translation apps—would be preferable. Brandt, who has studied Spanish, emphasized that better solutions exist. She also expressed empathy for members of the community who feel persecuted. Mayor Muhlfeld stated it takes a lot of courage to come out and he knows this is a very passionate subject matter in this town. He thanked those for speaking this evening to the council. 5) COMMUNICATIONS FROM VOLUNTEER BOARDS None 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 13:01) a) Minutes from April 7, 2025, Regular Meeting (p.79) 2  CITY COUNCIL MINUTES May 5, 2025 b) Ordinance No. 25-04; An Ordinance rezoning 6575 US Hwy 93 S. and 1325 Columbia Avenue in Section 1, Township 30 North, Range 22 West, P.M., M., Flathead County, Montana, zoned WB- 2/WPUD (Secondary Business District with a Planned Unit Development overlay) to WB-2 (Secondary Business District) and adopting findings with respect to such rezone (Second Reading) (WZC 25-01) (p.84) Councilor Caltabiano made a motion, seconded by Councilor Sweeney to approve the Consent Agenda. Councilor Norton abstained. 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.) (YouTube Video 13:26) a) Resolution No. 25-08; A Resolution revising fees for solid waste disposal services (p.88) City Manager Dana Smith presented her staff report that is provided in the packet on the website. Staff received three letters, two not in support of the increase, one letter requesting Council to ask Republic Services if they have done everything possible to shore up their expenses and operate more efficiently. The council discussed the contractual obligations with Republic Services regarding garbage fees. Councilor Caltabiano emphasized that the city is bound by its contract, which includes annual fee increases. Manager Smith noted billing challenges and Republic’s lack of responsiveness in audits. Councilor Qunell raised concerns about the impact of rising fees on residents, particularly those on fixed incomes, and questioned alternatives to continuous rate hikes. Attorney Jacobs suggested eliminating mandatory garbage service as a possible solution. Manager Smith explained that shifting administrative costs from garbage to water and sewer could strain other city funds. A public survey was issued to gauge community interest in eliminating mandatory garbage. Councilor Norton mentioned the possibility of an alternative hauler applying with the Public Service Commission and raised the idea of a green box site for waste disposal. Councilor Davis asked about the process for exiting the Republic Services contract, with Attorney Jacobs stating that removing mandatory garbage would be the first step. Concerns were raised about Republic’s pricing structure and the feasibility of spreading out the rate increases over time. Mayor Muhlfeld reflected on past rate adjustments in other utilities, emphasizing the need for long-term financial stability. The council acknowledged the need for a decision on whether to continue mandating garbage services or explore alternative waste management solutions. Mayor Muhlfeld opened the public hearing. There being no public comment, Mayor Muhfeld closed the public hearing and turned the matter over to the Council for their consideration. Councilor Feury made a motion, seconded by Councilor Norton to adopt Resolution No. 25-08; A Resolution revising fees for solid waste disposal services. The council debated the ongoing contract obligations with Republic Services and the necessity of passing the proposed fee increase. Councilor Feury emphasized that the city is contractually bound to pay for garbage services and cannot simply change the agreement overnight. He noted that enterprise funds are designed to cover costs without building reserves, unlike water and sewer funds. The shift to bear-resistant containers in 2022 added significant costs, which were only partially absorbed without fee increases for two years. He acknowledged the argument against mandatory garbage service but warned of potential issues with illegal dumping and lack of a local green box site. 3  CITY COUNCIL MINUTES May 5, 2025 Councilor Caltabiano agreed with Feury but reiterated his opposition to how the contract was originally written, voting against it for consistency with his prior stance. Councilor Qunell similarly expressed reluctance but acknowledged the financial necessity of passing the fee increase. Councilor Davis described the increase as a pre-planned inflation adjustment that should have been implemented gradually over past years. He supported further study on eliminating mandatory garbage service while ensuring fee adjustments align with actual service costs. The motion carried on a 5-1 vote, Councilor Caltabiano voting in opposition. Mayor Muhlfeld moved agenda item 7d). b) Ordinance No. 25-05; An Ordinance amending Zoning Regulations Title 11, Section 3, Special Provisions, Chapter 38, Airports, Heliports and Helipads, of the Whitefish City Code (First Reading) (WZTA 25-01) (p.136) (YouTube Video 44:06) Planning and Building Department Director Dave Taylor presented his staff report that is provided in the packet on the website. Staff received 30 to 40 public comments, the majority of which supported the amendments, a few that had concerns. Councilor Norton inquired about a property survey, with Director Taylor explaining that staff used GIS measurements to assess the site. He noted that the runway is 300 feet wide but not centered, with designated safety zones for landings. Norton questioned helicopter operations, given the standard runway width, and Taylor clarified that while there is no helipad, helicopters have historically landed there without city regulations. Oversight falls under the State or FAA, and Norton expressed concerns about including helicopter restrictions in the ordinance, which Taylor affirmed would not impact the long-established airport. Councilor Qunell asked whether the site should be classified as an airfield rather than an airport. Taylor confirmed that while it lacks traditional airport infrastructure, the state officially designates it as an airport. Qunell suggested referencing "airfield" in Title 11-3-38, but Taylor felt the existing text was sufficiently clear. Councilor Caltabiano sought confirmation that the ordinance aligns with FAA regulations. Taylor assured that staff reviewed all applicable federal codes. Caltabiano also asked whether the Montana State Aeronautics Division had been consulted, and Taylor confirmed that state officials had reviewed the ordinance and discussed potential de-annexation for unified jurisdiction. Councilor Davis asked about the differences between a 125-foot landing strip and a 300-foot helipad. Taylor explained that helicopters require less space due to vertical landings, with the larger area primarily addressing noise and dust concerns. Davis also inquired about the process for private airports in town, with Taylor stating that property owners must obtain a conditional use permit and comply with safety and obstruction requirements. Mayor Muhlfeld opened the Public Hearing. Aaron Alme, 453 Armory Road, stated he is in support of the zoning text amendment. Kitty Banner Seamann, 1716 West Lakeshore Drive, stated she is support of the zoning text amendment. 4  CITY COUNCIL MINUTES May 5, 2025 Robert Seamann stated he is support of the zoning text amendment. It is a crucial piece of history for this town. Kate McMahon, 151 Wedgewood Lane, expressed support for the airport as it currently exists, recognizing its heritage and contributions to the community. She appreciated the amendment's clarification of setback issues based on FAA standards and acknowledged staff’s efforts in researching and collaborating with MDT. However, she noted that the amendment focuses solely on runway safety and does not address offsite impacts, including fire risk, noise, glare, environmental concerns, infrastructure, and conflicts between different airport user groups. McMahon advocated for a master plan to address these broader concerns, documenting current and potential future uses, preserving community character, protecting emergency operations, and linking future improvements to public benefits. She emphasized the value such a plan would have for the council in evaluating future conditional use permits. She noted that MDT, the airport's owner, is unlikely to initiate a planning process due to cost concerns. As suggested at the Community Development Board meeting, she recommended incorporating an alternative master plan into the city's growth policy update, as the current policy barely addresses the airport’s future development. She encouraged the council to pursue this effort. Corey Seamann, a longtime Whitefish resident and experienced pilot, presented a letter from local aviators to the City Council, advocating for a proposed zoning amendment affecting the Whitefish Airstrip. He highlighted the city's deep-rooted aviation history, tracing back to the 1934 Works Progress Administration project that established a golf course and landing strip. The current airstrip, in operation since 1963, serves small aircraft under visual flight rules and complies with FAA standards. Due to ambiguous zoning language adopted in 2014, the airstrip was mistakenly rendered non-conforming with an excessive setback requirement. The proposed amendment corrects this misapplication, restoring alignment with FAA regulations. Seamann also emphasized the significance of the airstrip in the community, including its connection to beloved resident Dr. Hugh Rogers, whose legacy is honored through the adjacent Wag Park. Addressing concerns about the absence of an airport layout plan in the growth policy, he clarified that such plans are unnecessary for small public turf strips and would impose an undue administrative and financial burden on the city. Since the state of Montana owns and manages the airstrip, the city is not responsible for its oversight or funding. Seamann affirmed that the zoning amendment does not expand operations but ensures continued legal and safe use, consistent with federal guidelines and respectful of the community's heritage. He expressed his support for the amendment. 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 Council Qunell to approve Ordinance No. 25-05: An Ordinance of the city Council of the City of Whitefish Montana amending zoning regulations Title 11, Section 3, Special Provisions, Chapter 38, Airports, Heliports and Helipads, of the Whitefish City Code. Councilor Caltabiano expressed support for the zoning update, describing it as thoughtful, fact-based, and limited in scope. He emphasized that the city is not the airport sponsor and has no jurisdiction over the facility, which is owned and managed by the state of Montana. He argued that requiring an airport layout plan would be unnecessary and improper, clarifying that the update is a clarification rather than an expansion. 5  CITY COUNCIL MINUTES May 5, 2025 Councilor Norton opposes the motion, citing significant safety concerns due to the airport’s proximity to the train tracks. She stressed the city council's responsibility for the safety of the entire community and advocated for incorporating an airport layout plan and a dedicated section in the growth policy to address future planning. The motion carried on a 4-2 vote, Councilors Davis and Norton voting in opposition. b)c) Resolution No. 25-09; A Resolution adopting the City of Whitefish Ethics Policy (p.95) (YouTube Video 1:10:38) City Attorney Angela Jacobs 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 Sweeney made a motion, seconded by Councilor Qunell to adopt Resolution No. 25- 09; with an amendment to Section 6: Enforcement to include 5. Removal of the public officer by supermajority of Council, with the Mayor voting. The motion carried. c)d) Consideration of a request from Casey Malmquist for a Conditional Use Permit for a bar/lounge located at 16 Baker Avenue, zoned WB-3 (General Business District) (WCUP 25-04) (p.111) (YouTube Video 1:20:32) 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 Caltabiano made a motion, seconded by Councilor Feury to approve WCUP 25-04, the findings of fact in the staff report. The motion carried. d)a) Ordinance No. 25-__; An Ordinance amending Zoning Regulations Title 11, Section 3, Special Provisions, Chapter 38, Airports, Heliports and Helipads, of the Whitefish City Code (First Reading) (WZTA 25-01) (p.136) 8) COMMUNICATIONS FROM PARKS AND RECREATION DIRECTOR a) Consideration to authorize staff to proceed with final design and bidding of Armory Park Master Plan Phase IV (p.211) (YouTube Video 1:23:06) Parks and Recreation Director Maria Butts presented her staff report that is provided in the packet on the website. Councilor Caltabiano made a motion, seconded by Councilor Qunell to proceed with final design and bidding of the Armory Park Master Plan Phase IV. The motion carried. 9) COMMUNICATIONS FROM CITY MANAGER (YouTube Video 1:27:31) a) Written report enclosed with the packet. Questions from Mayor and Council? (p.239) None 6  CITY COUNCIL MINUTES May 5, 2025 b) Other items arising between April 30th through May 5th City Manager Smith reported the Legislative Session is closed. The two bills she is watching, HB 231 and SB 542, are both property tax changes. Both change tax rates and both eventually address the second homeowner. At least one of these bills will not affect our FY26 budget. One could affect our voted levy for fire. 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 405 Trailview Way, and to release the deed restriction (p.256) Applicant rescinded request on 5/2/2025 10) COMMUNICATIONS FROM MAYOR AND CITY COUNCILORS (YouTube Video 1:31:09) a) Consideration of appointments to volunteer boards and committees not made during the Special Session preceding tonight’s meeting. Appointments were made during the Special Session. b) Letters (3) from citizens concerned with Whitefish Police participation with the Border Patrol (p.264) Councilor Davis requested an overview of the city’s interactions with immigration authorities. Police Chief Kelch clarified that the Whitefish Police Department does not use Border Patrol for interpretation services but recently trained with them due to immigration policy updates. The department primarily relies on online interpretation tools but does not have a formal immigration interpretation policy. Chief Kelch emphasized that Whitefish Police does not enforce immigration law, as that responsibility lies with the federal government. Officers may detain individuals for criminal immigration violations but not civil infractions. He referenced a recent traffic stop where an officer had reasonable suspicion, leading to Border Patrol initiating an investigation—Whitefish Police did not participate in the arrest. Councilor Qunell questioned how immigration enforcement can arise from routine traffic stops, acknowledging the legal complexities of probable cause. Chief Kelch explained that officers evaluate the totality of circumstances within legal boundaries. City Attorney Jacobs highlighted confidentiality limits in criminal justice disclosures, while City Manager Smith outlined Montana’s programs that allow local law enforcement to assist federal immigration authorities—clarifying that Whitefish Police does not participate. Councilor Norton reaffirmed the integrity of department policies on bias-based policing and immigration enforcement, commending officers for their dedication to public safety. She encouraged the public to remain informed and support law enforcement efforts. 11) 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 9:38 p.m. 7  CITY COUNCIL MINUTES May 5, 2025 /s/John Muhlfeld Mayor Muhlfeld Attest: /s/Michelle Howke Michelle Howke, Whitefish City Clerk 8