Mayor & City Council

WHITEFISH CITY COUNCIL July 21, 2025 SPECIAL SESSION AT 5:30 PM 1) Call to Order Deputy Mayor Sweeney called the meeting to order. Councilors present were Caltabiano, Davis, and Norton. Mayor Muhlfeld and Councilor Qunell were absent. Staff present were City Manager Smith, City Clerk Howke, Planning and Building Director Taylor, City Attorney Jacobs and Long-Planner Tiefenbach. 2) Interviews The City Council interviewed Emily Butler for the Board of Park Commissioners, and Molly Moore for the Architectural Review Committee. Alexandria Cianciulli was unable able to attend due to an obligation at her workplace. She is scheduled to be interviewed at the July 21, 2025 meeting. 3) Public Comment None 4) Appointments Deputy Mayor Sweeney appointed with ratification from Council, Emily Butler to the Board of Park Commissioners. Deputy Mayor Sweeney appointed with ratification from Council, Paul Leisher to the Whitefish Housing Authority. 5) Adjourn Deputy Mayor Sweeney adjourned the meeting at 6: p.m. and opened the work session. /s/Frank Sweeney Deputy Mayor Sweeney Attest: /s/Michelle Howke Michelle Howke, Whitefish City Clerk  WHITEFISH CITY COUNCIL July 21, 2025 7:10 P.M. 1) CALL TO ORDER Deputy Mayor Sweeney called the meeting to order. Councilors present were Feury, Caltabiano, Davis, Sweeney, and Norton. Mayor Muhlfeld and Councilor Qunell 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, Police Chief Kelch and Fire Chief Hadley. Approximately 9 people were in the audience and zero attended virtually. 2) PLEDGE OF ALLEGIANCE Deputy Mayor Sweeney 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 1:58) “Z” expressed concern over the Whitefish Police Department’s repeated coordination with Customs and Border Protection (CBP), referencing a recent incident involving a passenger flagged for an immigration warrant. Citing department policy that prohibits detaining individuals for civil immigration violations, Z criticized the lack of transparency from Chief Kelch and suggested this practice risks undermining community trust. Referring to past injustices and community statements, Z warned against racial profiling and called for accountability, emphasizing the lasting impact on future generations and historical judgment. Richard Hildner of 104 5th St. addressed the Council to express concerns about Whitefish’s vulnerability to wildfire. He noted that despite current rain and green conditions, Whitefish remains one of the eight highest-risk communities in Montana, and that this temporary weather does not negate the dangers ahead. He referenced the July 13th incident near O Piccolo’s as a wake-up call and described how strong winds the following day downed trees and triggered seven fires due to power line damage—even in areas previously cleared. One of those fires, near Hell Roaring Creek, could have rapidly spread east up Big Mountain had conditions been drier. Mr. Hildner emphasized that waiting for the Community Wildfire Protection Plan (CWPP) to be finalized is not acceptable and has become an excuse for inaction. He urged immediate steps to improve fire preparedness, such as revisiting building codes, regulating materials and landscaping, requiring mowing of overgrown lots with noxious weeds, and condemning unsafe structures. He warned that continued inaction could be seen as dereliction of duty and potentially invite legal consequences. He praised Flathead Electric for its mitigation efforts and called on the Council to act immediately to protect the community. 4) COMMUNICATIONS FROM VOLUNTEER BOARDS (YouTube Video 11:25) Deputy Mayor Sweeney reported the last meeting the Community Development Board had was productive. They reviewed the schedule for the growth policy update and are fully committed to it. They completed the review of the public facilities portion of the growth policy.  CITY COUNCIL MINUTES July 21, 2025 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 13:22) a) Minutes from July 7, 2025, Special Meeting (p.162) b) Minutes from July 7, 2025, Regular Meeting (p.163) c) Ordinance No. 25-07; An Ordinance amending Zoning Regulations Title 11, Section 11-2J-2, WB-1 District, 11-2L-2, WB-3 District, 11-2-9, Definitions, and creating new Section 11-3-44, Formula Business Standards, of the Whitefish City Code (Second Reading) (WZTA 25-02) (p.169) Councilor Caltabiano made a motion, seconded by Councilor Davis 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.) (YouTube Video 13:44) a) Resolution No. 25-13; A Resolution to annex and incorporate within the boundaries of the City of Whitefish by petition and consent of the property owner approximately 0.881 acres of land known as Parcel ‘A’ of Certificate of Survey 23090, unaddressed along the Whitefish River adjacent to JP Road in Section 6, Township 30 North, Range 21 West, and zone the property to WR-1 (One-Family Residential District), based on the findings of fact in the staff report (WAR 25-01)(p.176) Senior Planner Wendy Compton-Ring presented her staff report that is provided in the packet on the website. Staff received one written public comment concerning the future use of the property. Deputy Mayor Sweeney opened the Public Hearing. There being no public comment, Deputy Mayor Sweeney closed the Public Hearing and turned matters over the Council for consideration. Councilor Feury made a motion, seconded by Councilor Caltabiano to adopt Resolution No. 25- 13; A Resolution to annex and incorporate within the boundaries of the City of Whitefish by petition and consent of the property owner approximately 0.881 acres of land known as Parcel ‘A’ of Certificate of Survey 23090, unaddressed along the Whitefish River adjacent to JP Road in Section 6, Township 30 North, Range 21 West, and zone the property to WR-1 (One-Family Residential District), based on the findings of fact in the staff report. The motion carried. RESOLUTION NO. 25-13 A Resolution to annex and incorporate within the boundaries of the City of Whitefish by petition and consent of the property owner approximately 0.881 acres of land known as Parcel ‘A’ of Certificate of Survey 23090, unaddressed along the Whitefish River adjacent to JP Road in Section 6, Township 30 North, Range 21 West, and zone the property to WR-1 (One-Family Residential District), based on the findings of fact in the staff report. WHEREAS, the City of Whitefish has filed a Petition for Annexation with the City Clerk requesting annexation and waiving any right of protest to annexation as the sole owner of real property representing 50% or more of the total area to be annexed. Therefore, the City Council will consider this petition for annexation pursuant to the statutory Annexation by Petition method set forth in Title 7, Chapter 2, Part 46, Montana Code Annotated; and WHEREAS, services to the annexed area will be provided according to the City of Whitefish Extension of Services Plan, amended by the City Council by Resolution No. 21-21 on June 21, 2021, as 2  CITY COUNCIL MINUTES July 21, 2025 required by and in conformity with §§ 7-2-4610 and 7-2-4732, MCA, available at the Office of the City Clerk; and WHEREAS, the herein described property is within the City of Whitefish’s Urban Growth Boundary, the City has current and future capacity to serve the property and development, and the owners/developers will pay all costs to extend the municipal sewer and water service to the property; and WHEREAS, pursuant to § 7-2-4211(2), MCA, the City will include the full width of any public streets or roads, including the rights-of-way, that are adjacent to the property being annexed; and WHEREAS, on July 7, 2025 the Whitefish City Council approved the resolution of intent to annex and rezone the property; and WHEREAS, the City, pursuant to §§ 76-2-303 and 7-1-4127, MCA, published in the newspaper of general circulation in the City of Whitefish, at least once a week for two successive weeks on July 2, 2025, and July 9, 2025, a notice that a resolution of annexation will appear on the City Council agenda for the regular meeting scheduled for July 21, 2025, at 7:10 p.m., and, at that meeting, the City will hold a public hearing and thereafter vote to either approve or deny the requested annexation and zone change; and WHEREAS, the City Council of the City of Whitefish held a public hearing at its regularly scheduled meeting on July 21, 2025, at 7:10 p.m. at Whitefish City Hall, 418 E. 2 nd Street, Whitefish, Montana, and thereafter voted to annex the area described in the Petition for Annexation and apply City zoning, WR-1 (One Family Residential District), to said area; and WHEREAS, pursuant to § 76-2-303, MCA, the City conducted the hearing on the annexation in conjunction with the hearing on the zoning of the proposed annexation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Whitefish, Montana, as follows: Section 1: The City of Whitefish adopts the recitals set forth above as findings of fact. Section 2: It is hereby determined by the Whitefish City Council to be in the best interest of the City of Whitefish, and the inhabitants thereof, as well as the current and future inhabitants of the area to be annexed described herein, that the area be annexed into the City of Whitefish and it is hereby declared by the City of Whitefish that its corporate boundaries shall be extended to include the boundaries of the area legally described below and the City zoning WR-1 (One Family Residential District), shall be applied to said property: Parcel ‘A’ of Certificate of Survey 23090 in Section 6, Township 30 North, Range 21 West, in Whitefish, Montana Including the full width of any public streets or roads, including the rights-of-way, that are adjacent to the property being annexed. Section 3: The minutes of the City Council meeting of the City of Whitefish, Montana, shall incorporate this Resolution. Section 4: This Resolution shall take effect immediately upon its adoption by the City Council and the signing of the Mayor thereof. 3  CITY COUNCIL MINUTES July 21, 2025 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF WHITEFISH, MONTANA, ON THIS 21ST DAY OF JULY 2025. /s/Francis J. Sweeney Francis J. Sweeney, Deputy Mayor ATTEST: /s/Michelle Howke Michelle Howke, City Clerk 7) COMMUNICATION FROM PARKS AND RECREATION DIRECTOR (YouTube Video 18:20) a) Consideration to authorize to Bid the City Beach Boat Ramp Extension and Boat Inspection Drive Lane (p.196) Parks, Recreation, and Community Services Director Maria Butts presented her staff report that is provided in the packet on the website. Councilor Davis made a motion, seconded by Councilor Caltabiano to authorize staff to bid for the City Beach Board Ramp Extension and the Boat Inspection Drive Lane. The motion carried. 8) COMMUNICATION FROM FIRE CHIEF (YouTube Video 25:10) a) Recommendation to proceed ordering a ladder truck and confirm funding source (p.215) Fire Chief Cole Hadley presented his staff report that is provided in the packet on the website. Councilor Davis asked if Option 2, a comprehensive capital plan funded by a levy that covers all fire apparatus replacement over time, was being considered. Chief Hadley confirmed it aligned with their long- term strategy. However, Manager Smith explained that Option 2 wasn’t recommended due to the lengthy 3– 4-year delivery time for the ladder truck, its high cost ($1.5–$2 million), and the urgency of recent incidents requiring faster local response. She emphasized that acquiring the truck through the Intercap loan program would bypass delays related to voter approval and debt issuance, allowing for quicker action. Despite this, the city is still planning a voted levy for the November 2026 election to support long-term fire apparatus replacement and possibly include police vehicles under a broader emergency responder capital levy. Manager Smith noted that a levy focused purely on replacing existing equipment would be cleaner than one mixing new purchases and replacements. She also shared that past attempts to secure grants for the ladder truck had failed, and that both the Strategic Plan and Master Plan call for this purchase. Given the updated delivery timeline, the Intercap program confirmed it could finance the truck if mills are levied to cover the debt service. Councilor Caltabiano made a motion, seconded by Councilor Feury to proceed with evaluating and pursuing Option 1 Intercap Loan program. The motion carried. 9) COMMUNICATION FROM PLANNING AND BUILDING DIRECTOR (YouTube Video 39:43) a) Consideration of approval of a Rating Panel and Selection Committee for the Professional Planning Services Land Use Element Comprehensive Plan (p.221) Planning and Building Director Dave Taylor presented his staff report that is provided in the packet on the website. 4  CITY COUNCIL MINUTES July 21, 2025 Councilor Norton made a motion, seconded by Councilor Caltabiano to appoint Director Taylor, Planner Compton-Ring and Planner Tiefenbach to the Rating Panel and appoint Director Taylor, Planner Tiefenbach and Councilor Sweeney to the Selection Committee, with Councilor Davis as an alternate, for the Professional Planning Services Land Use Element Comprehensive Plan. The motion carried. 10) COMMUNICATION FROM CITY ATTORNEY (YouTube Video 43:21) a) Resolution No. 25-14; A Resolution adopting the City of Whitefish Social Media Policy (p.228) City Attorney Angela Jacobs presented her staff report as provided in the meeting packet. Councilor Norton shared her experience engaging with residents on the Whitefish Community Group Facebook page, stating she often feels compelled to educate the public based on her council experience and prior community involvement. She expressed concern over the spread of misinformation and the lack of a designated city resource to address such issues. Attorney Jacobs affirmed that council members retain their constitutional rights, including freedom of speech, but emphasized the importance of clearly stating that personal comments on social media do not represent the council. She recommended referring individuals to the appropriate city official for accurate information instead of engaging in extended online discussions. Councilor Caltabiano made a motion, seconded by Councilor Feury to adopt Resolution No. 25- 14; A Resolution adopting the City of Whitefish Social Media Policy. Councilor Caltabiano stated he keeps his personal profile very personal to family and friends and sometime public. He has a page that is identified as a city council member with a disclaimer. The motion carried. 11) COMMUNICATIONS FROM CITY MANAGER (YouTube Video 58:58) a) Written report enclosed with the packet. Questions from Mayor and Council? (p.237) None b) Other items arising between July 16th through July 21st City Manager Smith provided an update on the budget, noting that a work session is scheduled for August 4th. She thanked those who shared estimated valuations from the Department of Revenue and clarified for the public—responding to recent social media discussions and outreach—that residential property valuations have increased as of December 2024, which may indicate continued growth. However, she pointed out that the taxable value, which determines the basis for property taxes, has decreased due to Senate Bill 542. Cities and counties may adjust mill levies to maintain current revenue levels. Based on her estimates, residential properties may still experience some tax savings. Additionally, she reminded Council members about the retreat scheduling poll and requested that those who haven’t yet responded do so by Friday. 12) COMMUNICATIONS FROM MAYOR AND CITY COUNCILORS (YouTube Video 1:01:11) a) Resolution No. 25-15; A Resolution establishing annual goals for the City (p.239) Councilor Feury made a motion, seconded by Councilor Caltabiano to adopt Resolution No. 25- 15; A Resolution establishing annual goals for the City. The motion carried. b) Consideration of appointments to volunteer boards and committees not made during the Special Session preceding tonight’s meeting. 5  CITY COUNCIL MINUTES July 21, 2025 Appointments were made during the Special Session. Council Comments: (YouTube Video 1:02:24) Councilor Feury addressed wildfire concerns brought up by Mr. Hildner, referencing a recent incident where a birch tree on Packrat Lane ignited after contacting a powerline. Flathead Electric responded quickly and removed the tree. Feury stressed that wildfire threats are real and pressing, not just theoretical. He shared that progress has been made, including acquiring a ladder truck and investing further in the fire department. Efforts are underway to create a comprehensive wildfire preparedness plan. Feury also paid tribute to former Council member Shirley Jacobson, who passed away on July 8 at the age of 90. He fondly remembered her as both skeptical and supportive during his early tenure as mayor, highlighting her meaningful contributions and lasting friendship. Councilor Norton shared her own memories of Shirley, noting that Shirley had once been her patient and offered encouragement when Norton joined the Council. Deputy Mayor Sweeney reflected on Shirley’s graciousness and impact, having taken over her seat and experienced her warmth and guidance firsthand. Councilor Norton raised a question about the legality of busking downtown. Chief Kelch explained that while busking is protected under constitutional rights as free expression, local ordinances address loitering and obstruction. Police enforcement focuses on maintaining clear pedestrian pathways. In light of recent fires, Norton expressed appreciation for the Fire Department’s swift response and noted heightened public interest in evacuation planning. Fire Chief Hadley responded that evacuation plans depend heavily on circumstances like weather and terrain but emphasized the possibility of creating tailored strategies for high-risk zones. A public comment touched on Border Patrol detaining an individual, allegedly quoting Councilor Norton. Norton clarified that she had not made such a statement and acknowledged not being well-versed in immigration procedure. She reiterated that law enforcement must honor both criminal and immigration warrants. Chief Kelch recounted a July 12 traffic stop in which Whitefish Police requested standard documentation. One license flagged an immigration warrant, prompting the required notification to immigration officials. The individual was detained for traffic violations rather than immigration reasons, with Border Patrol taking over afterward. Kelch emphasized that Whitefish Police do not conduct immigration investigations and that federal authorities should address related inquiries. Councilor Norton and City Attorney Jacobs affirmed that warrant verification is standard practice and that the department acted lawfully and professionally. Jacobs also clarified that the vehicle was traveling 17 miles per hour over the speed limit, and ethnicity was not a factor in initiating the stop. Councilor Davis raised questions about the impact of the “Under the Big Sky” event on city infrastructure. Chief Kelch noted high attendance but respectful behavior. Some enforcement actions were necessary, including disposal of open containers and shuttle coordination. Fire Chief Hadley reported significant involvement by his team, with seven staff members working 15–16 hour days over the three-day event. Emergency medical coordination with Logan Health was successful, and although all ambulances were temporarily occupied, no additional incidents occurred. The city continues to focus on avoiding resource overcommitment while maintaining public safety. Davis also thanked responders for extinguishing a fire over the viaduct before it spread to neighboring buildings, including new affordable housing. He inquired about cleanup of the damaged structure. Attorney 6  CITY COUNCIL MINUTES July 21, 2025 Jacobs reported that the building owner is seeking bids and that asbestos remediation will be handled through DEQ requirements. No city funds are expected to be used. Deputy Mayor Sweeney supported proactive steps toward community fire resilience. He praised recent rainfall but emphasized that recent fires should prompt immediate action. He joined others in honoring Shirley Jacobson, describing her as helpful and genuine in their time serving together. 13) 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 8:40 p.m. /s/Frank Sweeney Deputy Mayor Sweeney Attest: /s/Michelle Howke Michelle Howke, Whitefish City Clerk 7