Mayor & City Council

WHITEFISH CITY COUNCIL June 16, 2025 SPECIAL SESSION AT 5:00 PM 1) Call to Order Mayor Muhlfeld called the meeting to order. Councilors present were Caltabiano, Davis, Sweeney and Norton. Councilor Qunell was absent. Staff present were City Manager Smith, City Clerk Howke, Planning and Building Director Taylor and Planner Zamoyski. 2) Interviews The City Council interviewed Scott Steinmann and Amand Lamb for the Sustainable Tourism Management Plan Committee. Jonathon Proto was scheduled to be interviewed but want present. 3) Public Comment None 4) Appointments Mayor Muhlfeld appointed Scott Steinmann to the Sustainable Tourism Management Plan Committee to complete the term ending December 31, 2025 with ratification from the Council. 5) Adjourn Mayor Muhlfeld adjourned the meeting at 5:35 p.m. and opened the work session. /s/John Muhlfeld Mayor Muhlfeld Attest: /s/Michelle Howke Michelle Howke, Whitefish City Clerk  WHITEFISH CITY COUNCIL June 16, 2025 7:10 P.M. 1) CALL TO ORDER Mayor Muhlfeld called the meeting to order. Councilors present were Feury, Caltabiano, Davis, Sweeney, and Norton. Councilor Qunell 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 11 people were in the audience and 3 attended virtually. 2) PLEDGE OF ALLEGIANCE Mayor Muhlfeld asked Councilor Caltabiano 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 1:18 Henry Wilks, Bigfork, expressed his long-standing support for the Whitefish community and raised concerns about the enforcement of handicapped parking regulations. He shared his personal experience from June 1st at the Whitefish Golf Course, where a truck parked improperly blocked two handicap spaces. Despite reporting the violation to the restaurant and police, he was informed that enforcement was uncertain due to the location being private property. Wilks emphasized that Montana law requires handicap placards to be displayed and questioned the city's approach to enforcing such violations. He urged the Council to clarify the police department’s procedures for handling handicap parking complaints. Mayor Muhlfeld apologized for the situation and stated he would personally follow up with the restaurant owner. Chief Kelch confirmed a citation should have been issued and apologized to Wilks, assuring him that the officer has attempted to contact the registered owner and will continue to follow up. A report has been filed regarding the incident. Councilor Norton stated it is possible to file a citizen’s complaint on the city website. She apologized to Mr. Wilks. Richard Hildner, 104 5th St took this opportunity to give a big shout out to the Heart of Whitefish for 150 planting baskets that decorate our streets, and to Jen and Philip with the Parks and Recreation Department for putting them up. “Z” began her comments by honoring the memory of Minnesota public servant Melissa Hortman and her husband Mark, as well as wishing comfort and healing to John Hoffman and his wife Evette. She then addressed the absence of a flag and proclamation commemorating Pride Month in Whitefish, noting that elected officials across the country have taken action on similar matters. She cited Missoula City Council’s resolution recognizing the Pride flag as the city’s official flag, following the signing of House Bill 819.  CITY COUNCIL MINUTES June 16, 2025 “Z” pointed out that Whitefish does not have an official city flag and urged the Council to adopt the Pride flag as its official symbol, stating, “You don’t have to be first. You just have to be better.” 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 15:19) a) Minutes from June 2, 2025, Special Meeting (p.33) b) Minutes from June 2, 2025, Regular Meeting (p.34) c) Ordinance No. 25-06; An Ordinance amending Title 7, Chapter 2, Section 2, Snow and Ice Removal of the Whitefish City Code (Second Reading) (p.45) d) Consideration to approve of an assignment of City Beach Lease (p.49) e) Consideration of a request for a final plat for Depot Park Townhomes, a 22-lot subdivision located at the northeast corner of Columbia Avenue and Railway Street (WFP 25-02) (p.55) f) Consideration of a request for a final plat for Après Village, a 14-lot subdivision located on Colorado Avenue (WFP 25-03) (p.175) Councilor Sweeney made a motion, seconded by Councilor Caltabiano 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 Adnan Merchant and Jeff Agha, for a second 24-month extension of the Preliminary Plat for Big Mountain River subdivision located at 244, 314, 322 W. 2nd Street (WPP 20-01) (p.290) (YouTube Video 15:39) 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 Norton to approve the second extension request of preliminary plat for Big Mountain River subdivision, WPP 20-01. The motion carried. b) Resolution No. 25-__; A Resolution accepting dedication of Merganser Court and Harlequin Court as public streets (p.302) (YouTube Video 19:08) Public Works Director Craig Workman presented his staff report that is provided in the packet on the website. Councilor Caltabiano inquired about historical precedents for approving or denying similar resolutions and whether there were consequences or special assessments required in comparable cases. Director Workman noted that Haugen Heights, while originally a private roadway, was accepted due to its function as a connector to multiple subdivisions and county properties and had existing joint maintenance by the city and county. He stated this was a unique case and is unaware of other such roadway transfers. Councilor Davis cited concerns about setting a precedent and the lack of funding for future maintenance as primary reasons against accepting the roadway. Director Workman emphasized that the roads in question do 2  CITY COUNCIL MINUTES June 16, 2025 not meet public standards—they lack curb, gutter, and sidewalk infrastructure, and were not inspected to city standards during construction. Councilor Davis asked about potential complications for city services, including snow removal. Director Workman acknowledged possible challenges. Councilor Norton raised liability concerns. Attorney Jacobs responded that if accepted, the roads would become public right-of-way, implying standard municipal liability, though it may be slightly elevated due to the substandard road conditions. Mayor Muhlfeld opened the Public Hearing. Paul Burton, 9 Merganser Court, representing the HOA, expressed concerns regarding the City’s prior acceptance of Haugen Heights, which, although built to private road standards by the same developer, is part of the same original subdivision and services adjacent areas, including county land. He emphasized that the City already assumes some responsibility in the neighborhood, as Haugen Heights transitions into Merganser and Harliquinn—all developed under the same conditions. Burton argued this sets a precedent both legally and practically: first, due to language in the deed indicating no dedication, yet partial public acceptance; and second, in that this creates a distinguishable exception. He warned that denying future requests from other HOAs could be complicated by this precedent. 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 Caltabiano to approve Resolution No. 25-11; A Resolution accepting dedication of Merganser Court and Harlequin Court as public streets. Councilor Sweeney emphasized the importance of consistency, suggesting that publicly accessible roads should be publicly owned. He believes maintenance costs for the subject roadway would not differ significantly from other city roads and noted that, despite lacking sidewalks and sewers, the subdivision's design has benefited the city by not taxing existing systems. He supports the idea that all roads in the city should be considered city roads, regardless of who maintains them. Councilor Davis echoed Sweeney's broader concerns about the private vs. public road distinction but voiced opposition in this case. He sees it as unfair to expect taxpayers to subsidize the maintenance of this road without addressing similar requests from other neighborhoods, calling for a more holistic citywide approach. Councilor Feury agreed with Davis and expressed concern about setting a precedent. He noted that many roads built to private standards may require earlier maintenance and that the city’s current funding allocations—particularly through the Resort Tax Committee—are already stretched. Adding substandard roads to the list could negatively impact future maintenance priorities. Mayor Muhlfeld concurred with Feury, referencing the Lakes Subdivision as a cautionary example. He highlighted how the poor construction quality of private roads there eventually shifted maintenance burdens onto the city and disrupted planned Resort Tax allocations. The motion failed on 3 -2 vote, Councilors Sweeney and Caltabiano voted in favor. c) Resolution No. 25-11; A Resolution adopting the compensation and benefits package for the Mayor and City Council (p.316) (YouTube Video 34:22) City Manager Dana Smith presented her staff report that was provided in the packet on the website. Councilor Caltabiano inquired whether a specific line item was included in the proposed budget. Manager Smith confirmed it is not, except for approximately $8,800 covering cell phones, Wave memberships, and tablets. The broader $128,000 figure already reflects this deduction. Councilor Caltabiano also sought clarification regarding health insurance eligibility and enrollment. Manager Smith affirmed that the process has not changed, and councilors have historically had access under 3  CITY COUNCIL MINUTES June 16, 2025 the same terms. The only recent change was an extended open enrollment period specifically for city councilors. Councilor Norton noted concerns about eligibility for those Medicare-aged or older. Manager Smith responded that individuals may still enroll, though Medicare would become the primary coverage and city insurance secondary. She offered to confirm with HR for full accuracy. 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 Norton made a motion, seconded by Councilor Sweeney to adopt Resolution No. 25- 11; A Resolution adopting the compensation and benefits package for the Mayor and City Council. Councilor Norton expressed gratitude to voters for approving the Charter change allowing council compensation. She emphasized that compensation enables broader participation, especially for those who cannot afford to volunteer significant time, such as younger or working individuals. Councilor Davis supported the initiative, stating that it was a long-overdue, fair measure. He noted that only two towns in Montana still have entirely volunteer councils. He praised the process—putting the decision to voters—and emphasized that the financial impact on homeowners is minimal compared to the value of a well-supported council. Councilor Sweeney introduced an amendment to reduce the proposed stipend amounts, suggesting $3,000 for the Mayor and $1,500 for Councilors, citing current expense reimbursements and budget prudence. The motion was seconded by Councilor Feury. Councilor Norton opposed the amendment, pointing out that many potential candidates decline to run due to lack of compensation covering broader personal expenses, such as childcare or household support. Mayor Muhlfeld supported Sweeney’s amendment, noting that increasing current reimbursements significantly could be excessive. Councilor Feury also supported the amendment, finding the proposed stipend reasonable based on personal expenses and suggested reassessing the adequacy after the first year. The motion to amend the original motion to reduce the stipend to $3,000 for Mayor and $1,500 for Council carried on a 4-1 vote, Councilor Norton voting in opposition. Councilor Caltabiano voiced his respect for the voters’ decision to approve compensation for elected officials and acknowledged valid reasons to implement it as early as July 1st. However, he expressed personal reservations, stating that he does not believe compensation alone will improve candidate recruitment, and suggested term limits might also be beneficial. He reiterated his longstanding belief that financial benefits approved by the current council should only apply to future officeholders. To avoid a perceived conflict of interest, and consistent with his ethical stance, he requested to be recused from voting on the resolution. The original motion to approve Resolution No. 25-11 carried with Councilor Caltabiano recusing himself from the vote. d) Consideration of approving City Manager’s proposed budget as the FY26 Preliminary Budget and setting final Public Hearing on the Capital Improvement Program and FY26 Final Budget for August 18, 2025 (p.328) (YouTube Video 55:46) 4  CITY COUNCIL MINUTES June 16, 2025 Manager Smith presented her transmittal report that is provided in the FY26 Preliminary Budget 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 consideration. Councilor Sweeney made a motion, seconded by Councilor Davis to approve the FY26 Preliminary Budget and set the Public Hearing on the Capital Improvement Program and FY26 Final Budget for August 18, 2025. The motion carried. 7) COMMUNICATIONS FROM CITY MANAGER (YouTube Video 1:03:10) a) Written report enclosed with the packet. Questions from Mayor and Council? (p.471) None b) Other items arising between June 11th through June 16th Manager Smith recognized Short-term Rental Specialist Codi Evenson for her collaboration with the University of Utah research team to evaluate tourism impacts and inform Whitefish’s short-term rental compliance and regulatory strategies. The team developed a seven-lesson course based on their work with gateway communities across the West, now available through the Understanding and Managing Short-term Rentals academy, which is open to the public. Codi will be participating in the course. She also noted that Whitefish is being acknowledged as a progressive leader in local government for its approach to short-term rental compliance. Manager Smith expressed appreciation for Codi’s efforts and acknowledged the City Council’s support in establishing this role. 8) COMMUNICATIONS FROM MAYOR AND CITY COUNCILORS (YouTube Video 1:04:45) a) Confirm the recommendation to appoint Mary Ellen McCarty to the Flathead Conservation District (p.473) Councilor Caltabiano made a motion, seconded by Councilor Sweeney to recommend Mary Ellen McCarty to the Flathead Conservation District. The motion carried. b) Letter from Marti Brandt addressing concerns the growth policy revisions (p.474) Council Comments Councilor Norton thanked “Z” for acknowledging the death of legislators in Minnesota and for acknowledging Pride Month. She appreciates what Missoula did to acknowledge that all people are welcome. Councilor Caltabiano thanked staff, Jake, and the IT team for their work in implementing the new video system. He also shared a personal reflection, noting the significance of April 25—Italy’s Liberation Day—and its importance in his upbringing. He highlighted the role of American forces in that historical liberation and expressed deep appreciation as both an Italian and new American citizen. Drawing a parallel to the U.S. celebration of Independence Day, he extended heartfelt wishes for a peaceful and joyful Fourth of July to all. 5  CITY COUNCIL MINUTES June 16, 2025 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 8:25 p.m. /s/John Muhlfeld Mayor Muhlfeld Attest: /s/Michelle Howke Michelle Howke, Whitefish City Clerk 6