Mayor & City Council

WHITEFISH CITY COUNCIL September 15, 2025 1) CALL TO ORDER Deputy Mayor Sweeney called the meeting to order. Councilors present were Qunell, Feury, Caltabiano, Davis, and Norton. Mayor Muhlfeld 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 Fire Chief Hadley. Approximately 9 people were in the audience and 8 attended virtually. 2) PLEDGE OF ALLEGIANCE Deputy Mayor Sweeney asked Deputy Fire Chief Will Pederson 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) “Z” addressed the Council regarding a recent Borde Patrol detainment involving a mother and daughter. She expressed deep concern over such experiences and urged the Council to take a stand of humanity. “Z” recommended that the Council direct the Police Department to end cooperation with federal immigration authorities, except in cases involving felony warrants. Pat La Tourelle, 418 Lupfer Avenue commended the Town’s recent beautification efforts, including river rock work, pond dredging, and viaduct landscaping. She raised concerns about public safety, specifically inadequate lighting along the town’s path system. While areas like Kay Beller Park and the viaduct are well-lit, Riverside Park – used frequently by children, families, and visitors – has minimal lighting, posing risks during dark and icy conditions. She urged the Council to prioritize improved lighting for pedestrian safety. Additionally, she highlighted evacuation concerns from the north side of the viaduct, noting it is the only viable route in emergencies. She cited increasing traffic congestion and potential threats from wildfires and seismic activity. She requested that the Council address evacuation infrastructure before approving further development in the area. 4) COMMUNICATIONS FROM VOLUNTEER BOARDS Scott Wurster, Community Development Board member, provided a status report on behalf of Chair Beckham, who was unable to attend. He expressed concern regarding the economic development and hazard sections of the Growth Policy update, noting that changes were made to previously approved content without the board’s knowledge or proper redlining. He stated that clarification was requested on multiple occasions and that the board intends to review these sections in detail. To support staff progress, the board will propose an additional meeting on October 1st and consider establishing a regular meeting on the first Wednesday of each month, assuming space availability. Mr. Wurster also addressed the Kemo Sabe Conditional Use Permit hearing. He acknowledged a complaint filed regarding board conduct and noted that the video recording of the hearing was lost, with only a few minutes available online. He recommended the Council implement a reliable audio backup system for  CITY COUNCIL MINUTES September 15, 2025 future meetings. Regarding the board’s recommendation to deny the permit, he explained that the staff report lacked a factual basis to support the finding that a retail establishment with a bar/lounge license directly across from a middle school was consistent with neighborhood character. He emphasized that statutory references cited in the discussion were not applicable and that the board had amended the report to remove unsupported language. Deputy Mayor Sweeney made a motion, seconded by Councilor Qunell to reconsider WCUP 25-05 (Kemo Sabe bar/lounge) and to be placed on the agenda for October 6, 2025, to discuss adding a Condition of Approval limiting the hours of operation. The motion carried. 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 September 2, 2025, Closed Executive Session b) Minutes from September 2, 2025, Regular Meeting (p.18) c) Consideration of a request from Kyle and Natalie Archer for a Final Plat for Archer subdivision, a 2-lot subdivision located on Duff Lane, zoned WER (Estate Residential District) (WFP 25-05) (p.25) Councilor Qunell made a motion, seconded by Councilor Norton 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) Resolution No. 25-__; A Resolution 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 addressed as 632 Lund Lane and zone the property to WR-1 (One-Family Residential District), based on the findings of fact in the staff report, and requiring that as a condition of the annexation approval, the property owners dedicate a 30’ wide public access and utility easement bordering Lund Lane along their property frontage (WAR 25-02) (p.53) Senior Planner Wendy Compton-Ring presented her staff report that is provided in the packet on the website. She noted an added condition to secure 30 feet of frontage for a full 60-foot width of Lund Lane, supporting a potential east-west connector between 18th Street and Karrow Avenue. The property owners are conducting a survey to determine available frontage, which may be only 15–20 feet. Staff recommended the Council open the Public Hearing and take testimony but postpone action until the survey results are available. Timeline for survey completion is currently unknown. Councilor Qunell made a motion, seconded by Councilor Feury to postpone this item to a date not certain. The motion carried. b) Consideration of a request from Dalen Property Holdings LLC. for a Conditional Use Permit to construct a second 2-story building with professional office space on the first floor and two apartments on the second floor at 6345 Hwy 93 S., zoned WB-2 (Secondary Business District) (WCUP 25-06) (p.74) Senior Planner Wendy Compton-Ring presented her staff report that is provided in the packet on the website. Deputy Mayor Sweeney opened the Public Hearing. 2  CITY COUNCIL MINUTES September 15, 2025 Aaron Wallace, MT Creative, reported the proposed development includes a 2,400 sq. ft. first floor, with approximately 2,000 sq. ft. designated for medical office space to complement the existing dental office. Two two-bedroom apartments are planned for the second floor. The site will feature ample parking, patio amenities, standard bike racks, and a secondary access point through the Snowy Mountain Subdivision. There being no further public comment, Deputy Mayor Sweeney closed the Public Hearing and turned matters over to the Council for their consideration. Councilor Davis made a motion, seconded by Councilor Caltabiano to approve WCUP 25-06 as presented. The motion carried. c) Resolution No. 25-31; A Resolution authorizing submission of the application to the Montana Department of Commerce for financial assistance from the Community Development Block Grant Program (CDBG) (p.112) Community Resiliency Long Range Planner II, Tammy Zamoyski presented her staff report that is provided in the packet on the website. Erin Ojala from Homeword, Inc. attended the meeting virtually and submitted a draft of the grant application along with priority questions. Homeword’s proposed scope of work involves replacing all failing heat pumps at the property, with a minimum of 38 units identified. They are requesting $200,000 in CDBG funds and committing an additional $50,000 from either the property or ownership to support these critical replacements. Councilor Caltabiano shared that several citizens had questioned why the system – costing nearly a quarter million dollars – had failed after only three and a half years of operation. He asked whether there had been a warranty. Erin responded by explaining that during the property’s design phase, Homeword was sold a product that was promised to perform well in Montana’s climate, but it has not. Homeword is actively pursuing damages against the manufacturer, which insists their product functions properly. Due to the high cost of litigation, Homeword is waiting for other affected organizations to join them in a potential class action lawsuit. Deputy Mayor Sweeney opened the Public Hearing. There being no public comment, Deputy Mayor Sweeney closed the Public Hearing and turned matters over to the Council for consideration. Councilor Norton made a motion, seconded by Councilor Qunell to adopt Resolution No. 25- 31; A Resolution authorizing submission of the application to the Montana Department of Commerce for financial assistance from the Community Development Block Grant Program (CDBG). The motion carried. d) Ordinance No. 25-10; An Ordinance amending Title 11, Zoning Regulations, of the Whitefish City code (First Reading) (p.136) Senior Planner, Wendy Compton-Ring presented her staff report that is provided in the packet on the website. Councilor Qunell noted that the next agenda item involves changing references from the Community Development Board to the Whitefish Planning Commission and suggested updating all mentions for consistency. Attorney Jacobs advised that this change should be formally included in the motion. Deputy Mayor Sweeney opened the Public Hearing. There being no public comment, Deputy Mayor Sweeney closed the Public Hearing and turned matters over to the Council for consideration. 3  CITY COUNCIL MINUTES September 15, 2025 Councilor Qunell made a motion, seconded by Councilor Norton to adopt Ordinance No. 25- 10; An Ordinance amending Title 11, Zoning Regulations, of the Whitefish City code, with the addition of changing all instances of Community Development Board to Planning Commission (First Reading). The motion carried. e) Ordinance No. 25-11; An Ordinance amending Title 2, Chapter 15 of the City Code pursuant to the Montana Land Use Planning Act (MLUPA) to designate the Whitefish Community Development Board as the Whitefish Planning Commission (First Reading) (p.162) City Manager Dana Smith presented her staff report that is provided in the packet on the website. Councilor Qunell inquired about whether the county-appointed position requires residency outside city limits. Manager Smith clarified that the requirement is for a county resident, not necessarily outside the city, though other positions are designated for city residents. The Council is not obligated to maintain a county seat and may choose to appoint only city residents if preferred. Councilor Norton raised a concern about the phrase “promotion of public health, safety, morals, convenience or order, or the general welfare” in Section 2-15-2(A)(1). She questioned how “morals” are monitored, noting it has never been addressed in hearings. Attorney Jacobs explained the language originates from historical case law tied to municipal police powers and stated the Council could remove the reference to “moral” if desired. Deputy Mayor Sweeney opened the Public Hearing. Scott Wurster, 222 Montana Avenue, expressed concern about changing the name from “Board” to “Commission,” noting it may signal a reduction in authority. He referenced the Montana Land Use Planning Act’s trend toward limiting public input, such as eliminating Conditional Use Permits. He believes “Board” implies great decision-making power, while “Commission” suggests an advisory role, and cautioned that the terminology shift could influence public perception. He urged Council to retain the term “Board.” There being no further public comment, Deputy Mayor Sweeney closed the Public Hearing and turned matters over to the Council for consideration. Council discussed changing the name from “Community Development Board” to “Planning Commission” to align with state law (MLUPA) and improve consistency. Staff clarified that the change is in title only—duties and responsibilities remain the same. Council noted the update will require ordinance changes throughout the code, not a blanket replacement. Staff emphasized the importance of clarity for future applicants and compliance with Senate Bill 382. Councilor Feury made a motion, seconded by Councilor Caltabiano to adopt Ordinance No. 25- 11; An Ordinance amending Title 2, Chapter 15 of the City Code pursuant to the Montana Land Use Planning Act (MLUPA) to designate the Whitefish Community Development Board as the Whitefish Planning Commission (First Reading). Councilor Norton made a motion, seconded by Councilor Feury to amend Section 2-15-3 (B); One member appointed by city council who is a resident of the county; (C) Five members appointed by the city council who live in the city. Councilor Norton shared concerns about the value of maintaining a county-appointed member on the Planning Commission, noting limited exchange between city and county planning efforts during her prior service. She questioned the benefit of including non-city residents and suggested focusing on city representation. 4  CITY COUNCIL MINUTES September 15, 2025 Councilor Caltabiano sought clarification on the proposed change, confirming with staff that the County Commissioners would no longer appoint a member. Manager Smith explained that the Council would now appoint all members, including one who may reside in the county, offering flexibility without requiring a county seat. Council discussed options for structuring membership, emphasizing the need for an odd number of commissioners and confirming no legal requirement to include a county resident. Councilor Norton withdrew her motion, and Councilor Feury agreed. Attorney Jacobs noted past state law required a county resident, but that is no longer the case. Deputy Mayor Sweeney provided historical context, explaining the original intent was to include representation from the former planning jurisdiction outside city limits. Councilor Qunell made a motion, seconded by Councilor Feury to amend Section 2-15-3 (B) One member appointed by city council who may be is a resident of the county not living within Whitefish city limits. The motion carried. The original motion to adopt Ordinance No. 25-11 caried. 7) COMMUNICATIONS FROM PARKS AND RECREATION DIRECTOR a) Consideration to award construction contract for the Armory Park Restroom and Playground Path project (p.171) 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 Armory Park Restroom and Playground Path project to Vada Contracting, LLC for the Base Bid and Additive Alternate #1 for a total contract amount of #319,187.50. The motion carried. 8) COMMUNICATIONS FROM CITY MANAGER a) Written report enclosed with the packet. Questions from Mayor and Council? (p.178) None b) Other items arising between September 10th through September 15th Manager Smith congratulated Director Butts and her team for receiving a $750,000 LWCF Grant— the second award for the same project—saving taxpayers over $1 million. Smith also introduced Deputy Fire Chief Will Pederson, who joined in July after 28 years of service in Rockford, Illinois. Councilor Norton asked about the fruit gleaning program. Community Services Coordinator Carla Belski reported that 50 volunteers harvested over 2,000 pounds of fruit, which was donated to the Food Bank and FWP for wildlife rehabilitation. Councilor Feury raised concerns about the cleanup of the O’Piccolos site. Attorney Jacobs stated asbestos testing is underway and demolition cannot proceed until due diligence is complete. Councilors Davis and Qunell expressed concern about fire debris and potential contaminants entering the storm drain and water supply. Director Workman noted erosion controls may have limited effectiveness but agreed debris removal is urgent. Council discussed installing temporary barriers and charging the property owner. Jacobs confirmed 5  CITY COUNCIL MINUTES September 15, 2025 the fencing bill was forwarded and agreed to send a formal letter to counsel requesting action. Council supported moving forward based on public safety concerns. c) Consideration of approval for the Memorandum of Understanding with North Whitefish Lake Community Fire Association (p.179) City Manager Dana Smith presented her staff report and addressed questions regarding staff time spent on applying for a fire easement. She confirmed the city is not being reimbursed for that time but noted the long-term benefit if the area forms a fire district, which would result in fair cost recovery for services. The easement also supports emergency access, including helicopter landings and water sourcing for wildfire response. Councilor Caltabiano raised concerns about setting a precedent for fire service expansion due to insurance pressures and proximity limits. Smith acknowledged the evolving nature of fire service needs and the potential future creation of a county-wide fire authority. She noted that Whitefish currently serves a large fire service area and expects continued service with more equitable cost-sharing as new districts form. Councilor Norton asked about the legality of using city funds for advocacy. Smith clarified that advocacy funds cannot be managed by the city due to state law, especially in relation to ballot measures. Instead, special purpose funds with clear restrictions may be used, managed by the city and external partners. Any improvements made through these efforts will become community assets, with the city holding the easement until a district is officially formed. Councilor Davis made a motion, seconded by Councilor Qunell to approve the Memorandum of Understanding with the North Whitefish Lake Community Fire Association. Davis stated wildfire knows no boundaries. It doesn’t know the city boundaries. He would argue that the citizens of this town do get value from fortifying our neighbors around us against wildfire. It is not going to take a really catastrophic wildfire to really affect our quality of life here or to make its way towards our town. He does think there is value to us in helping our neighbors around us prevent wildfires. There is always the question who pays for what and that is something that will be discussed ongoing. What we have here seems to be a novel arrangement whereby they are incentivized to raise their own funds to do this. That seems to make a lot of sense to him, and it seems fairer than what we have with the Fire Service Area. This seems like a good way to go about working on this problem and he is sure this conversation will evolve. Councilor Feury stated it will be interesting to see as we work with the DNRC what kind of value they give us, the recent appraisal value we got for the Smith Lake Conservation Easement, which was through the roof and not reality. If they stay with that same number, which they would be hard-pressed to not stay with that same number, they are going to have to keep it down to an acre and a half. The motion carried. 9) COMMUNICATIONS FROM MAYOR AND CITY COUNCILORS Caltabiano shared an update on the Glacier Aviation Education Museum, which has officially incorporated and secured a lease at Glacier Park International Airport. The museum will house educational programs in partnership with FVCC, focusing on airplane mechanics, avionics engineering, and aviation history. He also announced the arrival of the restored A-26 Invader Bomber "Fire Eater," featured in the movie Always, which will be displayed at the museum once construction is complete. Qunell expressed frustration with ongoing audio issues during meetings, specifically persistent high- pitched feedback, and called for improvements to streaming quality. He also noted the discontinuation of YouTube streaming as a disservice to public access and urged a return to more reliable platforms. 6  CITY COUNCIL MINUTES September 15, 2025 On a lighter note, Qunell shared that he is teaching government this year and highlighted that the last week of September is now designated as Freedom Week by state law. He plans to give his students a U.S. citizenship test in recognition of Constitution Day. Norton followed up on public comments, supporting audio recordings for Community Development Board meetings after a recent loss of public input. Manager Smith confirmed Zoom recordings will be used moving forward, with backup options under review. Norton also asked about adding lights to Riverside Park. Director Butts said it could be considered as a future capital improvement project, pending funding. Regarding immigration enforcement, Norton asked if the Police Department could limit cooperation with federal immigration officers. Chief Kelch cited federal law requiring cooperation, and Smith noted recent state legislation granting officers authority to check immigration status during lawful stops. Norton emphasized the importance of legal clarity to protect officers. Councilor Qunell clarified that city police do not conduct immigration enforcement. 10) 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 9:02 p.m. /s/Francis J. Sweeney Deputy Mayor Sweeney Attest: /s/Michelle Howke Michelle Howke, Whitefish City Clerk 7