Mayor & City Council

WHITEFISH CITY COUNCIL October 20, 2025 7:10 P.M. 1) CALL TO ORDER Deputy Mayor Sweeney called the meeting to order. Councilors present were Qunell, Caltabiano, Davis, and Norton. Mayor Muhlfeld and Councilor Feury 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, Fire Chief Hadley and Senior Planner Compton-Ring. Approximately 30 people were in the audience and 6 attended virtually. 2) PLEDGE OF ALLEGIANCE Deputy Mayor Sweeney asked Mayre Flowers to lead the audience in the Pledge of Allegiance. 3) PROCLAMATION a) Children’s Grief Awareness Month (p.14) (YouTube Video 3:06) Deputy Mayor Sweeney read the Children’s Grief Awareness Month proclamation. 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) (YouTube Video 4:32) “Z” reiterated her frequent message, “Our children are watching,” and shared a personal experience from the Kalispell No Kings protest, where a young participant expressed a desire for the City Council to designate the pride flag as an official city flag and for the school board to allow it on school property. Z emphasized that while many council issues are contentious, this request stems from a place of love and inclusion, referencing the biblical principle of loving one’s neighbor. Mayre Flowers, Citizens for a Better Flathead, submitted a letter (included in the meeting packet) and addressed the Council regarding upcoming city board appointments, emphasizing the importance of the positions, particularly the three Planning Commission seats. She urged the Council to retain current Planning Commission members who reapply, citing their experience, commitment, and familiarity with the Montana Land Use Planning Act and the city’s planning history. She expressed appreciation for the city’s efforts in the growth policy update process and the recent engagement of consulting firm czb, LLC. Flowers also offered three suggestions to improve public engagement: 1. Post public comments online as they are received, in a clearly marked section of the website. 2. Clarify on the website that public comments are accepted at meetings and encouraged in advance. 3. Publish the Planning Commission agenda and packet at least one week prior to meetings to allow the public adequate time to review staff responses and prepare.  CITY COUNCIL MINUTES October 20, 2025 She commended staff efforts and encouraged continued transparency and accessibility in the planning process. Richard Hildner, 104 5th Street, thanks the Public Works Department for completing the sidewalk at 28 Miles Avenue, noting it’s a welcome improvement that helps pedestrians avoid muddy conditions. 5) COMMUNICATIONS FROM VOLUNTEER BOARDS (YouTube Video 13:50) Councilor Norton reported that the Tree Committee met to select tree species for East 6th Street. The chosen trees—six Norwood red maples, two Japanese tree lilacs, four Littleleaf Lindens, one New Horizon Elm, and one Skyline Honeylocust—will be planted next week. Due to nearby school traffic and signage, the committee opted for more columnar trees to preserve mountain views and reduce leaf maintenance. 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.) a) Minutes from October 6, 2025, Special Meeting b) Minutes from October 6, 2025, Regular Meeting (p.16) c) Ordinance No. 25-12; An Ordinance adopting amendments to Title 10, Chapter 2, Building Regulations – Impact Fees, of the Whitefish City Code (Second Reading) (p.24) (YouTube Video 15:47) Councilor Caltabiano made a motion, seconded by Councilor Qunell to approve the Consent Agenda. 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.) a) Ordinance No. 25-__; An Ordinance approving Taylor Hill of Whitefish, to develop 24 townhomes in seven buildings on approximately 2.85 acres of land located at 900 & 910 Baker Avenue, Whitefish (First Reading) (WPP25-05/WPUD 25-02) (p.36) (YouTube Video 16:11) Senior Planner Wendy Compton-Ring presented her staff report that is provided in the packet on the website. Staff received 19 letters from neighbors; 14 opposed to the project and 5 in support. Those that are opposed to the project are concerned with the increase in density, changes to the neighborhood, traffic, concerns about requested zoning deviation, loss of trees, impact to wildlife, concerns about the use and questions about the use of W. 9th Street easement. Councilor Caltabiano reviewed the Planning Commission’s discussion of a 2.85-acre WR-2 zoned lot, originally subdivided in 2003. Chief Hadley confirmed that undeveloped land poses greater fire risk. Caltabiano noted zoning allows up to 14 units per acre, though infrastructure limits actual buildout. Planner Compton-Ring clarified the lot includes two parcels, each eligible for a house, duplex, or townhouse, with no stormwater coordination required for such development. The Planning Board vote ended in a 3–3 tie, resulting in no formal recommendation to Council. Caltabiano emphasized that even by-right development would impact traffic. He referenced the snow lot’s 22 townhomes and the city’s preference for cash-in-lieu contributions, noting 2.4 units would represent nearly 15% of an affordable housing project. 2  CITY COUNCIL MINUTES October 20, 2025 Compton-Ring stated staff recommendations remain unchanged and confirmed legal access via W. 9th Street. She advised the developer to manage emergency access and described the proposal as urban-scale, with mass and scale to be addressed during Architectural Review. Councilors Davis and Qunell raised questions regarding the proposed development. Davis inquired about a disputed easement intended for secondary fire access to O’Brien Avenue. Planner Compton-Ring confirmed neighbor concerns and noted the Moose Lodge has offered its parking lot as an alternative, pending fire department approval and amendments to Conditions 11c and 17. The city will not take a position on the legal dispute. Davis asked about building height, and Compton-Ring clarified it is measured from natural grade and capped at 40 feet. Safety rails for rooftop decks are not explicitly addressed in the zoning code. Regarding affordable housing, Davis noted the applicant’s $76,000 cash-in-lieu figure was outdated. Compton-Ring confirmed it would be updated at final plat and stated that a cash payment is allowed when building units is impractical. Council may require units instead. Davis reviewed six PUD deviations. Compton-Ring explained the proposed setbacks generally meet or exceed zoning standards, with internal townhomes allowed zero side setbacks. Sublots meet the 2,000 sq ft minimum under special provisions. Lot coverage is calculated across the entire site. The internal road is narrower than standard at 20 feet, and sidewalks are omitted, though pedestrian access will be provided via adjacent streets and pathways. A retaining wall with zero setback is proposed along West 10th Street due to topography. Davis supported preserving mature trees along Baker Avenue; staff recommends a tree preservation plan. He also discussed a proposed $50,000 developer contribution toward a regional stormwater facility at West 7th Street. Public Works Director Workman confirmed the concept is new, with the full project estimated at $1 million and not yet in the city’s five-year plan. On traffic, Davis noted poor conditions on Baker Avenue. Workman confirmed the findings and explained that long-term improvements require state cooperation and federal funding. The project’s traffic impact is minimal and does not warrant developer contributions. Qunell asked about slope proximity. Compton-Ring clarified the city’s slope ordinance only applies to steep slopes adjacent to water, and the man-made slopes on site do not trigger the ordinance. Councilor Qunell asked how building height would appear from Baker Avenue. Planner Compton- Ring explained it is measured from natural grade and cannot exceed 40 feet, with visuals provided in the applicant’s presentation. Qunell had difficulty identifying open space and rail features on the maps; Compton- Ring noted open space is shown on page 241 and meanders between parent tracts. Qunell raised questions about infrastructure, including whether the stormwater retention area requires a gate and why only part of 10th Street will be upgraded. He expressed concern about the 20-foot internal road width and emergency vehicle access. Compton-Ring stated the road meets emergency standards, and Chief Hadley confirmed compliance with fire code. Qunell asked if other projects have been approved without sidewalks; Compton-Ring could not recall any. He questioned the applicant’s request to pay a fee in lieu of building affordable units. Compton-Ring stated staff supports the fee option for efficiency and noted the applicant may build units at Depot Park Townhomes if an agreement is reached. She confirmed the Legacy Homes chapter allows for a fee in lieu when it furthers housing goals, especially in areas with high HOA dues or property taxes. Deputy Mayor Sweeney opened the Public Hearing. 3  CITY COUNCIL MINUTES October 20, 2025 Cherie Ross, guardian of the Castle property and Montana resident for over 20 years, shared her vision for a proposed development aimed at creating a supportive community for individuals with environmental and chemical sensitivities. Drawing from her background in holistic health, organic agriculture, and forestry conservation, Ross emphasized the use of non-toxic, non-traditional building materials, which significantly increase construction costs. Her goal is to establish a residential village, not a second home where neighbors can age in place and support one another. She highlighted the property’s natural assets and her commitment to preserving them, including working with an arborist to identify and retain healthy trees while responsibly removing those at the end of life. Ross expressed appreciation for her professional team and their collaboration with city staff to meet ordinance requirements. She acknowledged community concerns, noted her sensitivity to neighbors, and emphasized that frustrations with broader changes in Whitefish may be unfairly directed at this project. She affirmed her dedication to transparency and thoughtful development. Architect David Koel presented the design for a proposed development on a steep hillside site, with the presentation appended to the meeting packet. The design responds to the site’s topography, aiming for efficiency and respect for natural contours. Access will be provided via Baker Avenue and 10th Street, with pedestrian connectivity through a meandering path and sidewalk. The architectural style reflects a European or old-world aesthetic, using organic materials and forms intended to harmonize with the landscape. The project includes four staggered buildings, each uniquely designed to adapt to the site’s varying elevation. Brandon Theis, Civil Solutions, provided an overview of site access and infrastructure plans. Access will be from 10th Street, which will be reconstructed to city standards with curb, gutter, and a sidewalk on the north side. No improvements are planned for Baker Avenue, though any sewer-related right-of-way impacts will be repaired. A visitor parking area is planned at the site’s northwest corner. Sewer will flow by gravity to 10th Street or Baker Avenue, with no lift stations proposed. Water will connect from an existing main on 10th Street, loop through the site, and be capped for potential future expansion. Stormwater will be managed via a detention pond in the southeast corner, designed to release water at historical flow rates. A stormwater quality treatment device will be installed per city standards, with The 20-foot-wide internal roads meet minimum emergency access standards. Fire truck and ladder truck turning movements have been tested, with access extending to a northern and western easement and through the Moose Lodge. Street lighting will be added along 10th Street. A tree inventory was completed by Forestoration, and the project will comply with the city’s tree retention regulations. Retaining walls will not exceed four feet in height. Councilor Norton asked about trash collection; Brandon Theis stated each unit will have individual canisters and the emergency egress road, with a breakaway gate, will not be used for weekly pickup. Norton also inquired about stormwater treatment; Theis confirmed a 4-foot hydrodynamic separator will be installed upstream of the retention pond for pre-treatment, with additional sediment storage before controlled release to Baker Avenue. Councilor Davis asked about retaining walls; Theis explained they will be 4 feet high with 3-foot planted terraces, some areas featuring double-stacked walls primarily along the east side near Baker Avenue. 4  CITY COUNCIL MINUTES October 20, 2025 Councilor Qunell asked about public access to the development’s path; Theis said it would be in open space, maintained by the HOA, but not on private property. Qunell also asked about road design; Theis described a 16-foot asphalt road flanked by 2-foot concrete strips and decorative stamped concrete at the loop’s center to soften the visual impact. Qunell asked Cherie Ross about measures to encourage residency over speculative sales. Ross stated the homes will exclude microwaves and chemical-based products, making them suitable only for individuals with environmental sensitivities. The community is designed for clean living and aging in place. Regarding affordability, Ross noted the high cost of non-toxic materials makes participation in affordable housing programs challenging. Norton asked about neighborhood outreach; Ross said she visited six homes, spoke with four neighbors, and left notes for others who did not respond. Deputy Mayor Sweeney called for a recess at Denny Gignoux, 659 W. 9th St, raised a question about whether the paths within the development would be open to the public or remain private. Concern was also expressed about the future of the Moose Lodge property amid ongoing changes in Whitefish. If the Moose Lodge were sold and redeveloped, clarification was requested on whether a fire truck easement would be required to maintain emergency access through that area. Ryan Keifer, 630 Baker Avenue, expressed concerns about zoning interpretations and unit counts for the proposed development, noting that with two parcels, only duplexes are allowed and anything beyond four units should require additional review. He also raised concerns about the project's size, height, slope, and visual impact from Baker Avenue. Additionally, he noted that the design and associated costs may exclude certain individuals from being able to live there. William Taylor, Whitefish, noted that the Moose Lodge has been part of the community for 115 years and expressed confidence it will remain for many more. He voiced support for the proposed development. Lyndsay Schott, 708 Lupfer Avenue, expressed opposition to the proposed development, citing concerns about increased building height and density, and stating the size and scope are inconsistent with the neighborhood character. She referenced her own recent building project, noting efforts to align with the growth policy and respect neighbors. She questioned the appropriateness of four-story buildings for aging- in-place housing and raised concerns about stormwater management, access from 10th Street rather than the property’s address, and potential mosquito issues related to the retention pond. Paul Van Valkenburg, 344 Sawtooth Drive, wrote a letter that is in the packet. He expressed concern over the proposed deviations from WR-2 zoning standards, stating they are not minor design changes but significant departures from what the zoning is intended to protect. The commenter questioned the designation of a $900,000 cash-in-lieu payment as a substantial community benefit, arguing that such payments do not guarantee the creation of housing units. He cautioned that allowing zoning flexibility in exchange for large payments undermines the integrity of zoning regulations and urged the council to deny the PUD. Todd Berglund, 29 Willowbrook Close, whose business is adjacent to the proposed development, stated he is neither supporting nor opposing the project but emphasized the importance of considering all factors. He noted concerns about building height and placement, particularly one structure positioned atop a 35-foot hill near his property, which could create a towering effect. He also raised traffic concerns, stating that congestion on Baker Avenue is already significant during peak hours and predicted that O’Brien Avenue 5  CITY COUNCIL MINUTES October 20, 2025 would bear the brunt of increased traffic from the development. He urged planners to address these impacts responsibly. Mark O’Brien, 915 O’Brien Avenue, encourages the Council to deny this project, citing concerns about building height and its impact on the town’s character. He questioned whether neighboring properties would also be allowed to offset affordable housing requirements with payments and expressed opposition to zoning changes. He criticized the road design as potentially cosmetic and noted the lack of on-street parking, raising concerns about insufficient parking for the condo size. He also highlighted significant traffic issues on O’Brien Avenue and expressed concern about the proposed emergency access through the Moose Lodge. Tom Eisinger, wrote a letter appended to the packet. H expressed strong opposition to the proposed development, citing concerns about neighborhood character, zoning, and density. He noted that the area is traditionally composed of large lots and low-density housing, and the addition of 24 units on 2.8 acres is inconsistent with that pattern. He questioned whether zoning rules are being bent or incentivized for approval, which he believes undermines responsible planning. Additional concerns included traffic safety, lack of sidewalks and streetlights on O’Brien Avenue, and winter hazards on 10th Street. While supportive of growth when done responsibly, he stated this proposal disregards zoning, infrastructure limitations, and the historical and residential integrity of the area. Pippi Robben, 719 Lupfer Avenue, described the rapid changes in Whitefish, emphasizing the strong sense of community among families and neighbors. She expressed concern over increased traffic and speeding on 7th Street, Lupfer Avenue, and O’Brien Avenue, noting multiple near-miss incidents at 10th Street. Robin urged that while growth is inevitable, any development must be approached responsibly to preserve safety and community values. Ian Griffiths, 224 W. 8th Street, acknowledged the thoughtful design and presentation of the project but expressed four key concerns. He cited Finding #11, stating the development does not preserve the character of the existing neighborhood, which lacks this level of density. He described the parking plan as inadequate, with one-car garages and narrow 20-foot roads potentially creating access issues for emergency vehicles. He raised concerns about increased traffic on both Baker and O’Brien Avenues, as well as safety for children, pets, and wildlife. He criticized the visual impact of 42-foot-tall buildings on a hill near Baker Avenue and questioned whether the stated purpose of environmentally friendly housing for the elderly aligns with the project’s scale and design. He urged the council to deny the proposal. Richard Hildner, 104 5th St. offered several considerations for the Council during deliberation. He recommended requiring Class A roofing materials due to fire safety concerns and called for an 8-foot sidewalk along 10th Street to improve pedestrian and cyclist safety, especially given the steep grade and absence of bike lanes. He questioned the long-term impact if Baker Avenue becomes a state-controlled haul route and expressed concern that the development may contribute to the growing number of vacant homes in Whitefish, which he estimates at 35–40%. He criticized the project’s exclusivity, citing high HOA dues and questioning whether minor design choices like eliminating microwaves would attract full-time residents. He asked for clarity on the proposed right-of-way dedication—whether it is 10 or 15 feet—and raised doubts about the effectiveness of the tree retention plan. He urged the Council to prohibit on-street parking to ensure emergency access and noted that the traffic impact study rated Baker Avenue at a failing level of service (D), based on data collected in March, a typically low-traffic month. There being no further public comment, Deputy Mayor Sweeney closed the Public Hearing and turned matters over the Council for consideration. 6  CITY COUNCIL MINUTES October 20, 2025 Councilor Norton made a motion, seconded by Councilor Qunell to deny Ordinance No. 25-13. Councilor Norton opposed the project due to its incompatibility with the neighborhood character, as required by the city’s growth policy. She noted the development’s 40-foot building height adjacent to historic single- family homes, which are primarily one to two stories, as a significant departure from the area’s established scale. She also criticized the presentation for focusing on nearby commercial buildings while overlooking residential impacts, and stated the project would diminish livability and privacy for long-term residents. Councilor Qunell raised concerns with Finding 11, stating the project fails to preserve the character and quality of the neighborhood, particularly due to the excessive building height—potentially reaching 60 feet with the site’s topography. He also found the project inconsistent with Finding 13, citing the lack of sidewalks on private streets, which does not meet the city’s standards for high-quality streetscapes. He questioned the true value of the $900,000 cash-in-lieu contribution, arguing it does not justify the scale and density of the development or its impact on the neighborhood. Councilor Davis emphasized that as a Planned Unit Development (PUD), the project must demonstrate a clear public benefit. He criticized the reliance on a cash-in-lieu contribution for 2.4 affordable housing units, expressing discomfort with the idea of developers buying out of affordability requirements. He noted the lack of on-site affordable housing, the anticipated absence of local residents, and the difficulty in converting funds into actual units. He also cited multiple design deviations—including increased building height, reduced setbacks, and retaining wall allowances—as contributing to a disproportionate visual and character impact on Baker Avenue. He concluded that the public benefit does not outweigh the community cost, and a better design is needed to address the concerns raised. Councilor Caltabiano acknowledged the concerns raised but stated he could not support the motion to deny. He emphasized that the proposal complies with WR-2 zoning in both density and scale, and that the PUD process offers the Council greater control over design, access, stormwater, and housing mitigation. He cautioned that denial could result in a by-right development with fewer conditions and no guaranteed public benefit, potentially leading to even taller buildings. Regarding affordable housing, he defended the cash-in- lieu contribution as a valid tool outlined in city code, designed for cases where on-site units are impractical. He also noted the developer’s commitment to rebuilding West 10th Street to city standards. Based on these factors, he stated his intent to vote against the motion to deny. The motion carried on a 4-1 vote, Councilor Caltabiano voting in opposition. b) Resolution No. 25-34; A Resolution amending the Legacy Homes Program Administrative Procedures, Purchase Prices, Rental Prices, and Fees in Lieu (p.259) (YouTube Video 2:39:22) 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. There being no public comment, Deputy Mayor Sweeney closed the Public Hearing and turned matters over to the Council for consideration. Councilor Davis made a motion, seconded by Councilor Qunell to adopt Resolution No. 25-34; A Resolution amending the Legacy Homes Program Administrative Procedures, Purchase Prices, Rental Prices, and Fees in Lieu. Councilor Davis emphasized that the Legacy Homes Program was originally designed to prioritize on-site affordable housing, with fee-in-lieu contributions intended only for 7  CITY COUNCIL MINUTES October 20, 2025 exceptional cases where building units within the project is unworkable. He urged staff to approach fee-in- lieu proposals with skepticism and default to requiring built units whenever possible. Councilor Qunell supported Davis’s position, stating the program was not meant to create isolated affordable housing developments. While the city has used funds effectively, it has not resulted in integrated units within neighborhoods. He reiterated the goal is for developers to construct affordable housing within their projects rather than rely on fee-in-lieu payments. The motion to approve Resolution No. 25-34 carried. 8) COMMUNICATIONS FROM PUBLIC WORKS DIRECTOR a) Consideration to approve Railroad Crossing Elimination Task Force (RCE) and appoint a city council member or the mayor to the RCE Task Force(p.265) (YouTube Video 2:45:44) Public Works Director Craig Workman presented his staff report that is provided in the packet on the website. Deputy Mayor Sweeney made a motion, seconded by Councilor Norton to appoint Councilor Qunell to the Railroad Crossing Elimination Task Force. Councilor Qunell made a motion, seconded by Councilor Caltabiano to approve the Railroad Crossing Elimination Task Force. The motion carried. 9) COMMUNICATIONS FROM CITY MANAGER (YouTube Video 2:49:15) a) Written report enclosed with the packet. Questions from Mayor and Council? (p.267) None b) Other items arising between October 15th through October 20th Manager Smith reported that the Police Association applied for a Special Event Permit to close Columbia Avenue on October 31, 2025, from 4:00pm to 9:00pm. 10) COMMUNICATIONS FROM MAYOR AND CITY COUNCILORS Councilor’s comments. (YouTube Video 2:50:36) Norton mentioned that she used to have bears every single night, and now she doesn’t have to worry about it. She is thankful the animal resistant containers are working. Davis thanked Manager Smith and staff for their efforts in reaching a Halloween-related compromise, noting it will be appreciated by families and children. He highlighted a proposal for a centralized stormwater system, suggesting it has potential merit and could prompt a broader, more holistic approach to stormwater management citywide. Davis also expressed concern about the role of HOAs and CCRs in limiting moderately affordable housing, stating they often introduce unnecessary costs. He recommended future consideration of how HOAs affect housing affordability. Additionally, he noted that developments generating traffic impacts should contribute to offsetting those costs within affected areas. Councilor Caltabiano noted that while the spirit of the Legacy Homes Program aims to distribute affordable units across developments, the city code allows for flexibility. He referenced the PUD and 8  CITY COUNCIL MINUTES October 20, 2025 affordable housing sections, stating that the administrator may prefer cash-in-lieu contributions, which are permitted alongside on-site or off-site unit construction. He suggested that if the goal is to prioritize integrated affordable housing, the city should consider revisiting and clarifying the code. 11) 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 10:07 p.m. /s/Francis Sweeney Deputy Mayor Sweeney Attest: /s/Michelle Howke Michelle Howke, Whitefish City Clerk 9