At its first regular meeting of the year, the Whitefish City Council voted unanimously to approve a resolution, two ordinances and a minor lakeshore variance.  

The council adopted legislative priories for the 2025 Montana Legislative Session which began Jan. 6. 

“The legislative priorities for the city provide the council, staff and our lobbyist a very clear and united platform when addressing our elected representatives during the session,” said Whitefish City Manager Dana Smith. “As of right now, there are 211 bills that have been drafted and available of 4,282 bills that have been requested.” 

Community housing, environmental quality, municipal finances, land-use regulations, and renewable and clean energy opportunities are the city’s top priorities. 

The city will support expansion of low-income housing tax credits, preservation of current subsidized housing, expansion of existing tools and grant programs along with new programs to increase the supply of community housing.  

It will oppose reduction of current housing programs and existing tools available to municipalities.  

The city will support new grant or loan programs to mitigate water quality threats from aging septic systems and oppose increased regulatory standards on municipal utilities without new funding.  

Whitefish will fight to keep the resort tax, and advocate for a tax system that won’t disproportionately burden owners of primary residences. It also wants to preserve its ability to decide what is right for the community.  

Further, the city supports efforts to promote clean energy with small-scale net energy metering opportunities, tax credits for electric vehicles and state investment in renewable and clean energy. 

The city is opposed to legislation that will decrease current revenue streams for municipalities and eliminate carryover mills.  

Finally, local control of community development is a high priority for Whitefish, along with state investment in renewable, clean energy. Legislations limiting local control of annexation, zoning, planning and policy making will be opposed. 

There were no public comments. The council adopted the legislative priorities with a unanimous vote. 

THE COUNCIL also approved two ordinances that affect how public use of marijuana is addressed. Whitefish City Attorney Angela Jacobs said both were a matter of housekeeping.  

The first, an amendment to city code states, “All police officers, code compliance officers, the city manager, and the fire marshal are authorized to enforce the city code and may issue a civil citation to a person who commits a municipal infraction.” 

The second ordinance says, “No person shall smoke marijuana in a public place. Violation of this section shall be deemed a municipal infraction and be punishable by a fine not exceeding $50.” 

The Legislature says the use of marijuana in public places is subject to a civil fine. 

“Which relates back to police officers being authorized to issue a municipal infraction, not to exceed $50,” Jacobs said. “We would like to be able to enforce this.” 

Jacobs said the fine is capped by state law, which also says that using marijuana in public places is a civil violation, not a criminal violation. 

“It gives us the authority to intervene and stop the behavior,” Whitefish Police Chief Bridger Kelch said of the ordinance. 

There was no public comment for either ordinance and they both passed unanimously. 

MATTHEW J. Lawrance with Montana Creative requested a minor lakeshore variance to relocate an existing city sewer main. The main runs beneath the homeowner’s back deck, located at 422 Dakota Avenue. 

The project will require the use of mechanical equipment to relocate the main in the Lakeshore Protection Zone. 

Whitefish City Planner Lauren Macdonald said the request meets the four criteria required to approve a minor variance. 

“It will have minimal impact on the lakeshore vegetation and provide a significant public benefit by upgrading the main for over 100 properties,” Macdonald said. 

Whitefish Public Works Director Craig Workman said relocation of the sewer would be helpful to the city in terms of maintenance and future services. 

The council approved the variance unanimously. 

IN A WORK SESSION prior to the meeting, the council discussed potential compensation for the councilors and mayor.  

Jacobs suggested the council update the city’s ethics policy prior to holding a public hearing for council compensation because it has been a council goal for some time. Also, the ethics policy was formulated in 1998 and is no longer in alignment with state law. 

The council is scheduled to review and discuss the ethics policy on Feb. 3, and a public hearing is tentatively scheduled for Feb. 18.
 

After nearly an hour of discussion, the council directed Smith to formulate a few potential compensation packages to be discussed at a work session on Feb. 18. A public hearing on the compensation will likely be scheduled sometime in April. 

IN AN INSTANCE of the council putting its money where its mouth is, the mayor appointed Mallory Phillips, Shelter WF treasurer and board member, to the Community Development Board. 

A major argument for councilor compensation was that it will make participation in government more attractive to younger residents.  

Mayor John Muhlfeld said in February 2024, “The lack of compensation is a very real deterrent, in my opinion, to generating younger people to run for office.”   

Still, each councilor voiced various opinions about Phillips’ appointment. 

“We have debated about paying city councilors so we can attract younger or new generations, not retired people, and now we have an opportunity,” said Councilor Giuseppe Caltabiano. “We have Mallory Phillips, who has been present to many of our meetings and work sessions.  

“[We can] show the youngsters that we can set an example,” he added. “That if they raise their hands and are willing to serve, we will let them serve.” 

Sweeney fought for the other candidate, Richard Hildner. 

“Given this particular time and given this particular appointment, I think we need somebody with [Hildner’s] kind of background,” Sweeney said. “We need somebody with the history of how this city has formed, how it has grown, how it has evolved. 

“Mallory would be fine, but in terms of best player available, Richard’s it,” he concluded. 

Councilor Steve Qunell, chair of the Community Development Board, said the board currently lacks and needs the perspective of a young person. Muhlfeld recalled being appointed to the council when he was a younger man, 18 years ago. 

“I want to give Mallory a chance and I want to give the younger generation a chance,” Muhlfeld said.