Mayor & City Council

WHITEFISH CITY COUNCIL September 2, 2025 7:10 P.M. 1) CALL TO ORDER Mayor Muhlfeld called the meeting to order. Councilors present were Qunell, Caltabiano, Davis, Sweeney, and Norton. Councilor Feury 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, Parks and Recreation Director Butts, Police Chief Kelch and Planner I Macdonald. Approximately 18 people were in the audience and 5 attended virtually. 2) PLEDGE OF ALLEGIANCE Mayor Muhlfeld asked Ryan Purdy 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) Andrew Bing, 358 Bonita Circle, noted that Whitefish Avenue is now fully open and connects to Shiloh. Concerns were raised about vehicles speeding along the newly opened road, disregarding posted speed limits. Additionally, there is a discrepancy in parking signage—Shiloh is marked with no parking on both sides, while Whitefish Avenue lacks similar signage, creating inconsistency. “Z”, as promised as she is a woman of her word, she showed a current sign. She read the poem “From Whom the Bell Tolls” written by John Donne, because she saw the Council began their evening with a litigation meeting. She wished the Council good luck in the litigation. Marti Brandt, 575 Armory Road, submitted a letter that is appended to the packet requesting childcare support during the September 16–17 visioning sessions for the land use portion of the growth policy. The speaker thanked Long Range Planner Tiefenbach and the Community Development Board for organizing the sessions and expressed enthusiasm about participating. She emphasized that childcare is a significant barrier for many working parents and suggested that providing it would help ensure broader community representation. Her letter included potential solutions and offers to assist, including volunteering and connecting with local childcare professionals. She also proposed using available downstairs space for a movie setup and noted that several friends are willing to help. Mallory Phillips, 937 Kalispell Avenue, supported Marti’s childcare proposal, emphasizing the importance of removing barriers to encourage in-person attendance at growth policy meetings. She noted that in-person participation fosters deeper investment and provides valuable educational experience. She also expressed concern about public trust in the process, referencing frustration from younger community members—workers and renters—who feel their input may not be valued. She cited dissatisfaction with how the economic development chapter was handled in May, noting that public comments were largely disregarded. She urged the City Council to reinforce the importance of respecting staff analysis and public input during visioning sessions, sharing her own experience of feeling unheard on the Board and concern over how planning staff have been treated.  CITY COUNCIL MINUTES September 2, 2025 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.) a) Minutes from August 18, 2025, Regular Meeting (p.19) b) Ordinance No. 25-09; An Ordinance amending Title 12, Subdivision Regulations, of the Whitefish City Code (Second Reading) (WSUB 25-01) (p.24) c) Resolution No. 25-29; A Resolution of intention to annex and incorporate within the boundaries of the City of Whitefish by petition and consent of the property owner approximately 2.02 acres of land known as 632 Lund Lane in Section 1, Township 30 North, Range 22 West, in Whitefish, Montana, and zone the property to WR-1 (One Family Residential District), based on the findings of fact in the staff report, and set a public hearing for September 15, 2025. (p.41) d) Consideration of a request from Mark Foder for a Whitefish Lake and Lakeshore Protection Permit to restore shoreline due to tree removal, located at 1270 Birch Point (WLP 25-20) (p.55) e) Consideration of a request for Final Plat for Snowy Mountain Subdivision, Phase I, a 29-lot subdivision located between Highway 93 South and Whitefish River (WFP 25-04) (p.74) Councilor Qunell made a motion, seconded by Councilor Sweeney 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 Kettle Mtn., LLC, for a Conditional Use Permit to operate a bar in the existing Kemo Sabe retail store, located at 20 Spokane Avenue, zoned WB-3 (General Business District (WCUP 25-05) (p.209) Planner I Lauren Macdonald presented her staff report that is provided in the packet on the website. One public comment has been received in opposition to the permit. Councilor Sweeney requested Planner Macdonald to review the standard conditions applied to Conditional Use Permits (CUPs). Councilor Qunell inquired whether any businesses in the block currently sell alcohol. Planner Macdonald responded that, to her knowledge, none do. However, she noted that both the former Stumptown Marketplace and Jersey Boys locations hold CUPs that remain with the property, allowing future businesses to operate with a beer and wine license without additional City permitting. Mayor Muhlfeld opened the Public Hearing. Hilary Gallagher Hilary Gallagher, a Whitefish resident and employee of Kemo Sabe, spoke in strong support of the business’s liquor license application. She highlighted the store’s local roots, its role in fostering community engagement, and the personal and professional growth it has provided for staff. Gallagher noted that the license would enhance customer experience, support local partnerships, and further contribute to the vitality of the area. She affirmed Kemo Sabe’s ongoing commitment to the Whitefish community. Bobby Kunkle shared that their business has been operating in Whitefish for over a year and was initially encouraged to come by a local realtor’s handwritten note. After visiting, they quickly fell in love with the town. Sales have exceeded expectations, and they expressed enthusiasm about continuing to contribute positively to the core of the city. 2  CITY COUNCIL MINUTES September 2, 2025 There being no further public comment, Mayor Muhlfeld closed the Public Hearing and turned matters over to the Council for consideration. Councilor Caltabiano made a motion, seconded by Councilor Sweeney to approve WCUP 25- 05 as defined by staff’s requirements. Councilor Norton shared concerns about approving an all-beverage liquor license for a business on a downtown block where none of the 14 existing businesses currently serve alcohol. She noted that while beer and wine have been available in the past, an all-beverage license would represent a significant change, especially given its extended hours (8am–2am) and the fact that the license would remain with the property. Norton expressed concern about the potential impact on the character of the area, particularly with children nearby, and stated she would vote in opposition. Councilor Sweeney asked whether hours of operation could be conditioned through the Conditional Use Permit (CUP) and how that would apply to future businesses. Planner Taylor confirmed that Council has the authority to set operating hours, and the applicant had proposed 11am–8pm. Attorney Jacobs clarified that while the CUP stays with the property, the liquor license is tied to the business and not grandfathered unless transferred to a similar operation. Jacobs also confirmed that any hours set by Council would be enforceable for liquor operations at the site. Councilor Sweeney made a motion, seconded by Councilor Qunell to add Condition #5 setting the hours of operation to be 11am – 8 pm. Councilor Norton addressed the applicants who stated they are in agreeance of the proposed condition of approval. The motion failed on a 2-3 vote, Councilors Caltabiano, Davis and Norton voting in opposition. The original motion to approve WCUP 25-05 carried on a 3-2 vote, Councilors Qunell and Norton voting in opposition. b) Consideration of a request from Rocky Mountain Car Wash, on behalf of True North Partners LLC for a Conditional Use Permit to construct and operate a seven-bay car wash located on Commercial Lot 1 of Snowy Mountain Subdivision, zoned WB-2 (Secondary Business District) (WCUP 25-08) (p.238) Planning and Building Director Dave Taylor presented his staff report that is provided in the packet on the website. Councilor Davis raised concerns about the vagueness of Condition #10, which requires a silenced dryer system and best feasible water recycling technology. Planner Taylor responded that the condition was discussed at length by the Community Development Board and noted that while some water is recycled—particularly from the final rinse—much of it cannot be reused due to contamination, which is standard for car washes. He did not view the condition as problematic and believed the applicant did not either. Davis also asked whether noise concerns would be addressed by existing ordinances. Taylor explained that the “disturbing the peace” ordinance typically applies to individuals, not businesses, and that noise from Highway 93 would likely exceed any generated by the car wash. He noted that nearby businesses are offices, not residences, and the location was chosen to minimize impact. Regarding hours of operation, Taylor confirmed that other car washes in town operate 24/7 without restrictions, as they did not require a Conditional Use Permit. The WB-2 zone now requires CUPs for all automobile-related uses, including car washes. Councilor Sweeney inquired about screening requirements for adjacent residential areas. Taylor clarified that there are currently no residential uses directly behind the site; a vacant commercial lot separates 3  CITY COUNCIL MINUTES September 2, 2025 the proposed development from a future subdivision. Landscaping screening is only required when commercial development directly borders residential zone or existing residential use, which does not apply in this case. Mayor Muhlfeld opened the Public Hearing. Taylor Kasperick, representing the applicant from Performance Engineering, provided an overview of the proposed seven-bay car wash project, which includes four self-service bays and three automatic bays. He explained that the layout was strategically designed to minimize impact, with no residential uses adjacent to the site and alignment with the WB-2 zoning and growth policy promoting auto-oriented uses along Highway 93. Kasperick addressed traffic concerns, noting that car washes typically capture existing traffic rather than generate new trips, and the site was chosen for its accessibility without routing vehicles through residential neighborhoods. The facility will connect to the newly constructed Shiloh Avenue, which links to JP Road and a traffic light. He stated the site can accommodate up to 24 vehicles at once and that noise concerns are mitigated by orienting auto bays toward the highway and enclosing vacuum turbines in a separate building. Condition #10, requiring a silenced dryer system and water recycling technology, is acceptable to the applicant, though details are still being finalized. Water and sewer capacity concerns raised at the Community Development Board meeting appear to be resolved, and the applicant is exploring more advanced recycling systems. Riley Irwin, applicant and representative of Rocky Mountain Carwash, stated the business is a family- owned and operated company that has been in operation for 25 years. He emphasized their commitment to quality service, cleanliness, and community engagement, noting that this is their primary livelihood. Irwin addressed Condition #10, confirming they are exploring a silenced dryer system and currently use reverse osmosis (RO) technology to recycle water. Rather than discarding rejected RO water, they reuse it in earlier wash stages and are actively seeking more advanced recycling solutions. Andrew Bing, 358 Bonita Circle, expressed opposition to the proposed car wash, citing concerns about the high number of existing car washes in Whitefish—this would be the fourth or fifth within a mile— and the impact on water usage and rates, which he noted are already among the highest he has seen. He questioned the logic of allowing more identical businesses like car washes, contrasting them with diverse businesses such as jewelry stores. Bing also raised traffic concerns, stating that customers unfamiliar with the area may use Geyser Avenue to access Highway 93, increasing congestion. He opposed the extension of Whitefish Avenue and noted speed issues discussed with Chief Kelch. Overall, he believes another car wash is not a good fit for the area. Leah and Dennis Doherty, 1812 Lacy Lane, owners of Whitefish Superwash, spoke in opposition to the proposed Rocky Mountain Car Wash across from her business. She raised concerns about threats to Whitefish’s small-town character, local business sustainability, and environmental resources. Leah criticized the lack of a site-specific traffic impact study, citing misleading data from a Wyoming location and emphasizing her own facility’s higher traffic volume. She warned of increased congestion and safety risks on Highway 93 and urged the Council to delay approval until the Montana Department of Transportation completes its access study. She requested a comprehensive traffic analysis and thoughtful consideration of long-term community impacts. There being no further public comment, Mayor Muhlfeld closed the Public Hearing and turned matters over to the Council for consideration. 4  CITY COUNCIL MINUTES September 2, 2025 Councilor Qunell asked why a traffic study was not required for the proposed car wash. Planner Taylor and Public Works Director Workman explained that staff relied on the applicant’s engineering data, which estimated fewer than 200 daily vehicle trips—below the threshold for a traffic impact study. The estimate was based on a similar facility in Wyoming. Councilor Norton inquired about MDT’s access management plan; Workman stated it is in development and aligns with existing city plans, proposing medians and restricted access along Highway 93. Councilor Davis asked if a traffic study might show adverse impacts; Workman said it could, but staff did not require one based on current data and access to signalized intersections. Councilor Norton made a motion, seconded by Councilor Sweeney to approve WCUP 25-08 approving Rocky Mountain Carwash on behalf of True North Partners, LLC to operate a seven-bay carwash, located on commercial Lot 1 of Snowy Mountain Subdivision, zoned WB-2. Councilor Norton stated Council doesn’t have the right to limit commerce. It is always awkward when we have competing businesses in town. Traffic is a concern for everybody. The motion carried. Mayor Muhlfeld called for a recess at 8:30 pm and reconvened at 8:35 pm. c) Consideration of a request from the City of Whitefish for a major variance to dredge a portion of the lakebed at the base of the existing boat ramp at Whitefish City Beach (WLV 25-01) (p.296) Planning I Lauren Macdonald 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 Norton to approve WLV 25-01. The motion carried. d) Consideration of a request from Homeword, Inc. for the City to apply for Montana CDBG Housing Grant Funds for the rehabilitation of the Alpenglow Apartments located at 520, 524, 536 Edgewood Place in Whitefish, MT (p.366) City Manager Dana Smith presented her staff report that is provided in the packet on the website. Erin O’Jala, Asset Manager with Homeward, Inc. (virtual), requested Council’s support for a CDBG block grant application to upgrade heating and cooling systems at Alpenglow Apartments, which houses 64 low-income residents including families, seniors, and individuals with disabilities. She explained that the original systems are inefficient in cold temperatures, leading to frequent breakdowns, high utility costs, and disruptions. The grant would fund replacement with reliable, energy-efficient equipment suited to Montana’s climate. Homeward is committed to contributing matching funds to strengthen the application. The project aligns with city and county goals to preserve affordable housing and improve energy efficiency. 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 Caltabiano to allow City staff to apply for CDBG Housing Grant funds for the rehabilitation of the Alpenglow Apartments located at 520, 524, 536 Edgewood Place. The motion carried. 5  CITY COUNCIL MINUTES September 2, 2025 e) Consideration of a request from CB2 Properties and Averill Hospitality for a Conditional Use Permit to construct a two-unit residential structure with a four car garage on the first floor located at 121 Iowa Avenue, zoned WR-4 (High Density Multi-Family Residential District) (WCUP 25-07) (p.) Item postponed due to incomplete application. 7) COMMUNICATION FROM PARKS AND RECREATION DIRECTOR a) Consideration to award the contract for the City Beach Boat Ramp Extension and Boat Inspection Drive Lane (p.371) Parks, Recreation and Community Services Director Maria Butts presented her staff report that is provided in the packet on the website. Councilor Qunell made a motion, seconded by Councilor Caltabiano to award the City Beach Boat Ramp Extension and Boat Inspection Drive Lane contract to JD Thinning in the amount of $200,040.98. The motion carried. 8) COMMUNICATION FROM PUBLIC WORKS DIRECTOR a) Consideration to award the contract for the Monegan Road Reconstruction Project Phase 2 (p.379) Public Works Director Craig Workman presented his staff report that is provided in the packet on the website. Councilor Sweeney made a motion, seconded by Councilor Qunell to award the Monegan Road Reconstruction Project Phase 2 to Knife River in the amount of $938,904.50. The motion carried. b) Resolution No. 25-30; A Resolution accepting a dedication of Kallner Lane (p.387) Public Works Director Craig Workman presented his staff report that is provided in the packet on the website. Councilor Davis made a motion, seconded by Councilor Norton to adopt Resolution No. 25-30; A Resolution accepting a dedication of Kallner Lane. The motion carried. 9) COMMUNICATIONS FROM CITY MANAGER a) Written report enclosed with the packet. Questions from Mayor and Council? (p.392) None b) Other items arising between August 27th through September 2nd City Manager Dana Smith reported that the live YouTube streaming option for City Council meetings will discontinue starting September 15th. The Council meeting can be watched live via Zoom. 10) COMMUNICATIONS FROM MAYOR AND CITY COUNCILORS a) Letter from Anne Shaw Moran (p.395) Council Comments Councilor Norton reported receiving an email from Chris Crumal expressing concerns about youth behavior involving e-bikes and scooters. She acknowledged ongoing efforts to address the issue in October 6  CITY COUNCIL MINUTES September 2, 2025 and noted that some states have banned such vehicles on trails. She also commended JD Thinning for his work constructing river access steps at Riverside Park and Baker Park. Councilor Sweeney emphasized the complexity and importance of the Community Development Board’s work on updating the growth policy. He asked for patience and understanding, noting that delays stem from the board’s desire to ensure accuracy before community input diminishes post-adoption. Councilor Qunell inquired about the possibility of providing childcare during the upcoming visioning sessions on September 16–17. Director Butts responded that she would reach out to after-school counselors to explore staffing options. Mayor Muhlfeld recognized Planner I Lauren Macdonald for her outstanding contributions to planning and thanked her for attending the meeting. 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 9:16 p.m. /s/John Muhlfeld Mayor Muhlfeld Attest: /s/Michelle Howke Michelle Howke, Whitefish City Clerk 7