2010-04-05 Packet

CITY COUNCil SPECIAL SESSION
CITY COUNCil CHAMBER CONFERENCE ROOM

MONDAY, APRil 5, 2010, 5:15 to 7:00 p.m.
1. 5:15 Call to Order
2. Interviews for Board Vacancies
5:20 - Susan Schnee, Park Board

5:30 - Ross Doty, Police Commission
5:40 - Charlie Abell, Police Commission
5:50 - Trek Stephens, Resort Tax Monitoring Committee
6:00 - Chris Schustrom, Resort Tax Monitoring Committee
6: 10 - Richard Atkinson, Whitefish Convention and Visitors Bureau
6:20 - Nick Polumbus, Whitefish Convention and Visitors Bureau
6:30 - Brian Averill, Whitefish Convention and Visitors Bureau
6:40 - Edna White, Whitefish Convention and Visitors Bureau
6:50 - Scott Ringer, Whitefish Convention and Visitors Bureau
Applicant Chuck Brown, Whitefish Convention and Visitors Bureau - not available
for these interviews
3. Appointments
Park Board, Mayor appointment with Council approval
Police Commission, Mayor appointment with Council approval
Resort Tax Monitoring Committee, Council appointment
Whitefish Convention and Visitors Bureau, Council appointment
4. Adjournment
Notes to Mayor and Council regarding appointments -
Park Board - 3 Positions. One incumbent, Susan Schnee, is reapplying to serve another term. No
other applicants for this board at this time. Terms on the Park Board expire May 1st so she is
included in your list of applicants tonight. This is a Mayoral appointment, with Council approval.
Police Commission - 1 Position. You have two new applicants; Ross Doty and Charlie Abell. This
is also a Mayoral appointment, ratified by Council.
Resort Tax Monitoring Committee - 2 Positions. Both applicants, Chris Schustrom and Trek
Stephens, are currently serving on this committee and both have re-applied to serve another term.
The positions advertised in the Public Notice stated the current openings on this committee were for
a lodging business member and a retail business member. These are Council appointments.
Whitefish Convention & Visitors Bureau - 2 Positions. The positions advertised in the Public
Notice stated that the current openings on this committee were for a large lodging representative and
a representative from the Whitefish Mountain Resort. You have 6 applicants. Two of them, Scott
Ringer and Nick Polumbus, are currently serving on the Board and have re-applied to serve another
term. The other four applicants are new: Richard Atkinson, Edna White, Brian Averill and Chuck
Brown. Chuck Brown is traveling today and not available for a personal or phone interview. He
knows that I have included his letter of interest in tonight's packet, and if there are still openings after
tonight, he said he would be available for the interviews that will be scheduled for May 1th. Also
included along with the letters of interest is a letter from the WCVB in support of appointments to the
specific categories. These are Council apppintments.
'<
We still have a vacancy with no applicant for the Certified Public Accountant position on the Impact
Fee Advisory Committee. So, if any of you know of anyone who fits the position and would be
interested - please have them notify us!
Thank you,
l~~
NecHe Lorang, CMC
Whitefish City Clerk
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PUBLIC NOTICE
THE CITY OF WHITEFISH
HAS POSITIONS OPEN ON THE
FOLLOWING VOLUNTEER COMMITTEES
PARK BOARD - Residency requirement: Applicants must have resided within the City
Limits for 2 years and within the State for 3 years, and must be at least 21 years old.
2-Year terms.
POLICE COMMISSION - Open to City residents who have maintained residency

within the City for one year prior to appointment to the Commission. 3-Year term.
ARCHITECTURAL REVIEW COMMITTEE - Open to residents of either inside the

City Limits or a resident within the Whitefish Planning Jurisdiction, employed by or own a
business in the city of Whitefish, or own property in the city of Whitefish. Positions open
are for a licensed architect, licensed design professional, or a member at large.
3-Yearterms.
RESORT TAX MONITORING COMMITTEE - Applicants can be an owner, operator

or representative of any of a Bar/Restaurant, Lodging Business, or a Retail Business in
the City Limits of Whitefish, or an interested City resident as a Member at Large. The
Board Positions coming up are a Lodging business member and a Retail business
member.3-YearTerms.
ICE RINK ADVISORY COMMITTEE - Open to residents of the City or the Zoning
Jurisdiction, shall have maintained their residency for a minimum of one year prior to
appointment. 2 yr term
PEDESTRIAN & BICYCLE PATH ADVISORY COMMITTEE - Open to residents of

the City or the Zoning Jurisdiction, shall have maintained their residency for a minimum
of one year prior to appointment. 2-Year terms.
TREE ADVISORY COMMITTEE - Open to residents of the City or the Zoning

Jurisdiction, shall have maintained their residency for a minimum of one year prior to
appointment. 2-Year terms.
WEED CONTROL ADVISORY COMMITTEE - Open to residents of the City of

Whitefish and the Whitefish planning jurisdiction. 2-Year terms.
WHITEFISH CONVENTION AND VISITOR BUREAU COMMITTEE - Open to

residents of the City of Whitefish and the Whitefish planning jurisdiction. Committee
Membership represent Big Mountain, Finance, Large and Small Lodging properties,
Restaurant and bar businesses, Retail businesses, Transportation Businesses and the
Whitefish Lake Golf Course. The Committee positions coming up are the Large Lodging
representative and the Whitefish Mountain Resort representative. 3-Year terms.
WANTED - a CPA! To fill a vacancy on the IMPACT FEE ADVISORY

COMMITTEE - Committee specifications require a Certified Public Accountant who
resides or works within the Whitefish Zoning Jurisdiction To fill a vacancy that expires
12-30-2011.
If you have any questions please call the City Clerk's Office at 863-2400. These are
also posted on the City's website: www.whitefish.govoffice.com. Interested citizens
may submit a letter of interest to serve on any of the above committees to the Whitefish
City Clerk's Office at 418 E. 2nd Street or mail to P.O. Box 158, Whitefish, MT 59937, by
Monday, March 29th. Interviews will be scheduled for Monday, April 5t h and Monday,
May 17th. Thereafter, if vacancies still exist, letters of interest will be accepted until the
positions are filled.
********THANK YOU FOR YOUR INTEREST!'*'*·*·*
745212
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March 3, 2010
Susan Schnee
1405 E. 2 nd Street
Whitefish, MT 59937
Dear Susan:
Your term on the Park Board expires May 1, 2010. If you are interested in
serving another two year term, please notify us. For your convenience you may
return this letter with your signature on the line provided below if you would like to
serve another term.
As a matter of course, the City will also be advertising the position. The deadline
to receive letters of application/and to receive your letter of interest if you want to
reapplYt, is March 29, 2010. Interviews with the Council will be scheduled for
April 5 h and June 1ih; I will call to set up your specific time if you are re-
applying. 'i
Looking forward to hearing from you.
Sincerely,
~~'(~~(f--
Necile Lorang, CMC
VVhitefish City Clerk
To Whitefish City Council:
I am interested in serving another term on the Park Board.
~~
Susan Schnee
dId ~ 1)33 L{
Phone #
<£~;d - q G~c7
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PARK BOARD - WCC 2-2-1- 2 YEAR TERMS - Mayoral Appointments confirmed by Council (2 nd Tuesdays @ 7 pm)
TERM DATE
Chris Hyatt, Council PO Box 1282 862-9709 MayorlDesignee (Mayor Jenson, Alternate)
Susan Schnee 1405 E. 2nd Street 863-9856 5/01/2010
Vacancy 5/0112010
Laurabeth Michels, V -Chr 6211 Shiloh Ave #B 862-4035 5/01/2010
Donnie Clapp, Chm 577 Baker Avenue 871-8295 5/01/2011
Julie Baldridge 707 Iowa Avenue 862-0753 5/01/2011
Fred Jones PO Box 625 862-3597 5/01/2011
BOARD OF PARK COMMISSIONERS

2-2-1: BOARD CREATED; MEMBERSHIP:
The board of park commissioners must be composed of the mayor, or the mayor's designee, and six (6) other persons to
be appointed by the mayor, with the approval of the city council. The seven (7) persons to be so appointed shall have the
same qualifications for the office of park commissioner as are required by Montana code 7-4-4301 for the office of mayor.
A. Term Of Office:
1. Except as provided in subsection A2 of this section, 2. Three (3) of the commissioners first appointed shall hold
office for the period of one year from and after May 1 and until their successors are appointed and qualified.
B. Vacancy: Any park commissioner who shall refuse or neglect to attend three (3) meetings of the board between May 1
and April 30 of the following year shall be deemed to have vacated his office, and thereupon his successor may be
appointed.
C. Compensation: No park commissioner shall receive compensation for his service rendered under the provisions of this
chapter, but the actual and necessary expenses incurred by any member of the board while acting under the orders
of the board in the transaction of any business in its behalf may be paid upon being allowed and audited by the
board.
D. Oath Of Office: Before entering upon the discharge of his duties, each park commissioner shall take and subscribe the
oath provided by Montana code 2-16-211. The oath shall be filed in the office of the city clerk. (Ord. 96-15, 2-18-
1997)
2-2-2: ORGANIZATION OF BOARD:
A. On the second Tuesday in May in each year, the board of park commissioners shall meet and organize by electing
one of their number president and one of their number vice president, who shall hold their offices, respectively, for
the term of one year.
B. The city clerk or the city clerk's designee shall be ex officio clerk of the board of park commissioners. (Ord. 96-15, 2-
18-1997)
2-2-3: CONDUCT OF PARK BOARD BUSINESS:
A. The board of park commissioners shall hold an annual meeting on the second Tuesday of May and a meeting at least
once in each month in each year at such times as the board shall by rule prescribe. Special meetings may also be
held at the call of the president or, in his absence, the vice president, upon giving to each member of the board at
least twenty four (24) hours' notice in writing of the time and place of holding such meeting.
B. A majority of the entire board shall be necessary to constitute a quorum for the transaction of the business of the
board. (Ord. 96-15, 2-18-1997)
2-2-4: POWERS AND DUTIES:
A. Officers: Except as provided in Montana code 7-16-4228(2), the president, and in the president's absence the vice
president, shall preside at all meetings of the board. (Or~4~6-15, 2-18-1997; amd. 2003 Code)
B. Park Board Minutes: The minutes of the meeting contained in the record book, when approved by the board, shall be
prima facie evidence of the matters and things therein recited in any court of this state.
C. Park Board Powers And Duties:
1. The board of park commissioners shall have the management and control of all parks belonging to the city.
2. The board of park commissioners shall have the following powers and be charged with the following duties:
a. To layout, establish, improve and maintain parkways, drives and walks in the parks of the city; and to determine when
and what parks shall be opened to the public;
b. To plant, cultivate, maintain and improve all trees and other plants required to be planted, cultivated and maintained in
the parks belonging to the city;
c. If directed by the city council, to plant, cultivate, maintain and improve all trees and, other plants required to be planted,
cultivated and maintained in the streets, avenues, boulevards and public places in the city and for that purpose to
establish and maintain nurseries for the growth of trees and plants;
d. Upon receiving approval from the city council, to purchase or otherwise acquire, and sell or otherwise transfer, real
property; to make plats thereof; and to file the same in the office of the city clerk;
e. To provide written comments and recommendations to the city council prior to any action by the city council to acquire
or transfer land used, or to be used, for a city park;
f. To pay all obligations authorized to be incurred by the provisions of this part;
g. To exercise all other powers inCident to the duties enjoined by the provisions of this part. (Ord. 96-15, 2-18-1997)
2-2-5: CONTRACTS AND EMPLOYMENT:
A. The board of park commissioners has the following powers and duties:
1. To employ and discharge workers, laborers, engineers, foresters and others, and to fix their compensation; and
2. To make all contracts necessary or convenient for carrying out any and all of the powers conferred and duties enjoined
upon the board by this part; provided, however, that any contract having a term of more than five (5) years must be
approved by the city council.
B. All contracts made by the board must be in the name of the city and must be Signed by the city clerk and by the
president of the board or, in the president's absence, by the vice president of the board; provided, however, that any
contract having a term of one year or less may be Signed by the parks and recreation director.
C. An order or resolution authorizing the making of any contract may not be passed or adopted except by a yea and nay
vote, which must be recorded in full in the minutes by the city clerk.
D. The board may elect to have all, or certain, personnel decisions made by the mayor, the city manager or the parks
and recreation director pursuant to the policies and regulations governing other city personnel decisions. (Ord. 96-
15,2-18-1997)
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March 18, 2010
City Of Whitefish
PO Box 158
Whitefish, Mt. 59937
To Whom It May Concern:
My letter is in response to an advertisement in the Daily Interlake Newspaper regarding an

opening for a three year term on the City of Whitefish Police Commission.
My feeling is that I am qualified to fill this position and would consider it a privilege to give back
to my community by serving as one of the members of the Police Commission.
As for my qualifications, I have been a property owner and frequent visitor to Whitefish since
1995. Then following my retirement from the pharmaceutical industry, my wife and I moved to
Whitefish, Mt. and have been full time residents since November 2008. Below is a short
version of my qualifications.
• 37 years in the pharmaceutical industry serving as a sales manager (Upjohn & Daiichi-
Sankyo).
• 20 years of law enforcement experience with the Shelby County Sheriffs Department in
" Memphis, Tennessee. After graduation from college I became a Reserve Deputy Sheriff
working weekends, special events and emergency situations. I started as a Patrol
Officer, promoted to a Sergeant in the Detective Division, the Vice & Narcotics Division
and during my last three years served as a lieutenant in the special DWI Squad. My last
assignment included responding to all types of criminal calis, and traffic enforcement.
• Graduated from Memphis state University with a BS Degree in Industrial Technology
with a minor in Education.
Presently I am a member of the Whitefish Rotary Club. I enjoy helping others and believe
everyone should give back to their community in some way. We are so fortunate to live in the
beautiful city of Whitefish and I feel it would be a privilege to serve on the Police Commission.
If there are any questions regarding my qualifications or references I would be glad to answer
them. Thank you in advance and I look forward to discussing this position in more detail.
Ross C. Doty
2019 Ridgecrest Dr.
Whitefish, Mt. 59937
406-730-2926{Hm)
901-359-8483(Cell)
-6-
March 19, 2010
FROM: Charles R. Abell

5 Woodland Place
Whitefish, Montana 59937
TO: City of Whitefish
I understand there is an opening on the Police Commission. Having always been

interested in law enforcement, I would like to serve my community in that capacity.
After 44 years, I retired from the Whitefish Credit Union in September 2009. I now have
time to devote to Community activities.
-7-
Charles Russell Abell- Charlie
(Named after Charlie Russell- Montana Artist)
Born: Whitefish MT, July 10, 1939

Graduated: Whitefish High School in 1958
1st Team All Conference Football Player 1957.
Worked for a Bank in Helena MT, Job Title, Security Analyst for the Trust
Department. (Always trying to get back to Whitefish).
Took ajob at Whitefish Credit Union in the summer of 1965, as the collector (at
$350/month), became Manager of Whitefish Credit Union in February of 1967,
when Credit Union's assets were $780,000.00, they are now over $1 Billion in
assets, making WCU the largest entity, headquartered in Whitefish and the largest
Credit Union in Montana, Idaho, and Wyoming.
Youthful Jobs:
Clerk at the New Toggery, night waterer at Whitefish Golf Course, on the
Railroad a section hand, pulled ice from the old icehouse, fireman in the rail
yard.
to
Married the girl next door and are still married after ~ years.
Community Involvement:
1st President of Whitefish High School Key Club, Whitefish Jaycees and
initial member of their Carnival costume group, "The Vikings," (have also
been a Yeti and a Goat) and was Whitefish Winter Carnival King UUr XIX,
Commodore of Treasurer of American Power Boat Association out of
Detroit Michigan for four years - 1978-1981; drove outbourd race boats and
nd
was ranked 2 nationally. Worked to get Lakeshore Pre:: 'vation
Legislation passed in 1975, then served as chairman of the Whitefish
Lakeshore preservation Committee for several years. Represented Whitefish
on the Flathead Soil Conservation District; several years on County Tax
Appeal Board. Was elected to Whitefish's first Government Review
Commission, (along with Jack ZeIT and John Barnett), served as an initial
Board member of the Flathead Crime Stoppers, North Valley Hospital Board
and Chairman, Chairmanship of Whitefish Chamber of Commerce (and
Board member several times), President of Rotary, and Citizen of the Year
1977. In 2005, was considered one of five "Citizens of the Century", as part
of Whitefish's 100th birthday, along with Dorothy Johnson, "Mully"
Muldown, Tommy Moe and Nancy Svennungsen.
Board member of Whitefish Community Foundation and served on the

recipient selection committee, six years on the School Board and 2 Vz years
as chairman, on the Flathead Basin Commission, served 9 years on Resort
Tax Oversight Committee, 16 years as a Board member of Big
MountainIDoug Betters Winter Classic, member of Stakeholders Committee
concerned about the 13 thousand acres of state land around Whitefish,
member of Board of the newly formed Whitefish Lake Institute, Board
member of Big Mountain (Winter Sports Inc.) from 1992, toiR 2005.
Worked on campaign committee of local candidates of both parties and is

cons~ a/:i~a~med conseNa,ive.
eVM /~ o!ct/Z) 10129/2008
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POLICE COMMISSION - WCC 2-5-1 - 3 YEAR TERMS - Mayoral Appointments confirmed by Council
TERM EXPIRATION DATE
Vacancy First Monday of May, 2010
Gene Gemignani 567 Kalispell Avenue 862-9516 (H) 752-2575 (W) First Monday of May, 2012
Jim Trout PO Box 695 863-2265 (W) First Monday of May, 2011
POLICE COMMISSION
2-5-1: COMMISSION ESTABLISHED:
There is hereby established a police commission for the city, hereinafter referred to as the
commission. (Ord. 02-08,4-1-2002)
2-5-2: PURPOSE, POWERS, PROCESSES AND DUTIES:

The powers and duties of the commission are set forth in Montana code 7-32-4151 through 7-32-
4164, this chapter and rules of procedure adopted by the commission. Consistent with state statutes
and this chapter, these powers and duties of the commission shall include:
A. Review of police officer applicants when such review is sought by the chief of police or city
manager;
B. Hear and decide appeals by any member or officer of the police department who has been
disciplined, suspended, removed or discharged by an order of the city manager; and
C. Provide comment and recommendations to the chief of police or city manager on matters related
to the police department. (Ord. 02-08, 4-1-2002)
2-5-3: MEMBERSHIP:
A. Appointment; Compensation: The commission shall have three (3) members. Members shall be
appointed by the mayor and ratified by the city council. Members shall reside within the corporate
limits of the city and shall have maintained residency within the city for one year prior to
appointment to the commission. Commission members shall receive no compensation.
B. Terms; Positions: Commission terms shall be three (3) years. There are hereby created positions
numbered 1 through 3 inclusive of the members of the commission. Members serving on the
effective date of this chapter shall be assigned to positions that correspond with the expiration
dates of their existing terms:
-Number ITerm Expiration Date
1 IFirst regular council meeting in May 2002
2 IFirst regular council meeting in May
'3 [First regular council meeting "ii1---~"--'""-
As each of the above listed expiration dates is completed, members shall be appointed
successively to three (3) year terms. Terms shall begin upon appointment at the first regular city
council meeting held in May of each year. However, a member serving on the commission during
an appeal proceeding under Montana code 7-32-4155 shall continue to serve on the commission
until such time that a decision on the appeal is rendered. In such case, a new member may not
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sit on the commission for business. At the discretion of the city council, members may be
appointed to more than one term.
C. Removal Of Member: A member may be removed from the commission by majority vote of the
city council for cause upon written charges and after a public hearing. Wilful disregard of state
statutes, city ordinances and the rules of procedures of the commission, or absences from three
(3) consecutive meetings, including regular and special meetings, or absences from more than
fifty percent (50%) of such meetings held during the calendar year, shall constitute cause for
removal. Circumstances of the absences shall be considered by the city council prior to removal.
Any person who knows in advance of his inability to attend a specific meeting shall notify the
chair or secretary of the commission at least twenty four (24) hours prior to any scheduled
meeting.
D. Vacancy: Pursuant to subsections A and B of this section, any vacancy on the commission shall
be filled by the mayor and ratified by the city council acting in a regular or special session for the
unexpired term of the position wherein the vacancy exists. The city council may appoint members
of the city council to temporarily fill vacant positions on the commission. (Ord. 02-08, 4-1-2002)
2-5-4: ORGANIZATION:
At its first meeting after June 1 of each year, the commission shall elect a chair, vice chair and
secretary for the next twelve (12) month period. Upon the absence of the chair, the vice chair shall
serve as chair pro tem. If the secretary is absent from a specific meeting, the attending members
shall elect a secretary pro tem for the meeting. If a vacancy occurs in the chair, vice chair or
secretary positions, the commission shall elect a member to fill the vacancy at the next meeting. The
secretary need not be a member of the commission and shall keep an accurate record of all
commission proceedings. (Ord. 02-08, 4-1-2002)
2-5-5: MEETINGS, RULES AND REGULATIONS:

Two (2) members of the commission shall constitute a quorum. Not less than a quorum of the
commission may transact any business or conduct any proceedings before the commission. The
concurring vote of two (2) members of the commission shall be necessary to decide any question or
matter before the commission. The commission shall adopt rules of procedure for the conduct of
meetings consistent with statutes, the city charter, ordinances and resolutions. Meetings of the
commission shall be held at least once every three (3) months or at the call of the chair, chief of
police or city manager, and at such other times as the commission may determine. All meetings shall
be open to the public. (Ord. 02-08,4-1-2002)
2-5-6: ENFORCEMENT OF DECISIONS:

Pursuant to Montana code 7-32-4161, the city manager shall make orders enforcing the decisions of
the commission. (Ord. 02-08,4-1-2002)
2-5-7: STAFF SUPERVISION:

The commission shall have no supervisory control and shall not direct the chief of police or other
staff in the performance of their official duties. Commission involvement in the operations of the
police department shall be limited to comment and recommendations. (Ord. 02-08,4-1-2002)
2-5-8: EXPENDITURES:
The commission shall have no al:lthority to make any expenditures on behalf of the city or disburse
any funds provided by the city or to obligate the city for any funds. (Ord. 02-08,4-1-2002)
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March 3, 2010
Trek Stephens
122 Central Avenue
Whitefish, MT 59937
Dear Trek:
Your term on the Resort Tax Monitoring Committee expires May 31,2010. If you
are interested in serving another term, please notify us. For your convenience
you may return this letter with your signature on the line provided below if you
would like to serve another term.
to receive applications and/or your letter of interest if you want to reapply, is
March 29, 2010. Interviews with the Council will be on April 5th and June 1ih; I
will call to set up your specific time if you are re-applying.
Sincerely, _
'1~~~
I am interested in serving another term on the Resort Tax Monitoring Committee .
.:zt& ..pt: L/O& 2ff 6105

Trek Stephens Phone.#
-11 -
0.'OD
March 3, 2010
Chris Schustrom
504 Spokane Avenue
Whitefish, MT 59937
Dear Chris:
Your term on the Resort Tax Monitoring Committee expires May 31,2010. If you
are interested in serving another term, please notify us. For your convenience
you may return this letter with your signature on the line provided below if you
would like to serve another term.
to receive applications and/or your letter of interest if you want to reapply, is
March 29, 2010. Interviews with the Council will be on April 5th and June 1yth; I
will call to set up your specific time if you are re-applying. 'i
Sincerely,
'-1~~~~r~-
Necile Lorang, CMC
I am interested in serving another term on t Resort Ta Monitoring Committee.
L--
Chris Schustrom
~ ~~-37'YzJ
Phone #
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RESORT TAX MONITORING COMMITTEE - WCC 2-4-1 - 3 Year Terms - City Council Appointments
rd
Meet 3 Wednesday-7 AM
Position # TERM EXPIRATION DATE
1. Bill Kahle PO Box 158 270-9467 May 31, 2012 Council Representative
2. Doug Johnson PO Box 37 862-3525(W) May31,2011 V-Chr. Member at Large

th
3. Julia Olivares 333 W. 6 Street 862-6401 May 31,2011 Member at Large
4. Brian Averill 1476 Barkley Lane 250-2038 May31,2012 Member at Large
5. Doug Reed, Whitefish Lake Golf PO Box 1719 862-5285 May 31, 2012 Restaurant/Bar member
Club Restaurant, Chairman
6. Chris Schustrom, 504 Spokane A venue 862-3440 May 31, 2010 Lodging member
7. Trek Stephens 122 Central Ave . 862-2271 May 31, 2010 Retail member- Secretary
RESORT TAX MONITORING COMMITTEE

2-4-1: COMMITTEE ESTABLISHED:
There is hereby established a resort tax monitoring committee for the city, hereinafter referred to as
the committee. (Ord. 01-07, 2-20-2001)
2-4-2: PURPOSE, POWERS AND DUTIES:

The purpose of the committee is to monitor, review and advise the city council on the use of resort
tax funds pursuant to title 3, chapter 3 of this code. The committee may also advise the city council
on proposed changes to title 3, chapter 3 of this code. The committee shall report to the city council
on matters of pertinence and interest related to the resort tax as the committee may deem
appropriate or as the city council may request. The committee's powers shall be advisory only.
Nothing in this chapter shall be construed to provide the committee with the power to authorize or
prohibit the use of resort tax funds. (Ord. 01-07, 2-20-2001)
2-4-3: MEMBERSHIP:
A. Appointment; Compensation: The committee shall have seven (7) members. Members shall be
appointed by the city council. The city council shall attempt to appoint one member who is a lodging
business owner, operator, or representative; one member who is a restaurant/bar owner, operator,
or representative; one member who is a retail business owner, operator, or representative; and one
business owner at large, who may, but need not, own one of the types of businesses listed above.
Any member designated as a business owner, operator, or representative of one of the above listed
business categories, as well as the business owner at large, shall do so in relation to an associated
business located within the corporate boundaries of the city of Whitefish, although personal
residency shall not be required. The city clerk shall make appropriate notation of a member's
business category affiliation on the official committee roster. If, within the discretion of the city
council, an individual appropriate to fill a vacancy in any of the above listed business categories is
not identified after publication of a notice of position vacancy, the city council may make a general
membership appointment. In such case, the city council shall attempt to make such business
category appointment with the next available vacancy where an incumbent member has not applied
for reappointment or the city council decides not to reappoint an incumbent member. One position
shall be specified for the mayor or a city councilor. The remaining positions shall be general
-13-
membership positions and shall require residency within the corporate boundaries of the city of
Whitefish. Committee members shall receive no compensation.
B. Terms; Positions: Committee terms shall be three (3) years. There are hereby created positions
numbered 1 through 7 inclusive of the members the committee. The terms of those appointees
holding positions on the effective date of this chapter shall continue until the termination date
listed below:
Position Position Initial
Number Specification ,Expiration Date
~--lMayor or councilor IMay-31, 2008
2 [Member [MaY31, 2008
3 IMember 31, 2008
~-IMember May 31,2006
~5------~----IMember-------- [M8y-31~006-
6--IMember IMay 31, 2007

'j----------jMember-----'--------'
,
, 2007
Thereafter members appointed to each position shall serve for three (3) year terms; the first of
such terms beginning on June 1 of the year in which the initial term for the position expires. At the
discretion of the city council, members may be appointed for more than one term. (Ord. 06-14, 6-
5-2006) "
C. Removal Of Member: A member of the committee serves at the pleasure of the city council and
may be removed by majority vote of the same. Absences from three (3) consecutive meetings,
including regular and special work sessions, or absences from more than fifty percent (50%) of
such meetings held during the calendar year, shall constitute grounds for removal.
Circumstances of the absences shall be considered by the city council prior to removal. Any
person who knows in advance of his inability to attend a specific meeting shall notify the chair or
secretary of the committee at least twenty four (24) hours prior to any scheduled meeting.
D. Vacancy: Pursuant to subsections A and B of this section, any vacancy on the committee shall be
filled by the city council acting in a regular or special session for the unexpired term of the
position wherein the vacancy exists. (Ord. 01-07,2-20-2001)
At its first meeting after June 1 of each year, the committee shall elect a chair, vice chair and
secretary for the next twelve (12) month period. Upon the absence of the the vice chair shall
serve as chair pro tem. If both the chair and the vice chair are absent from a specific meeting, the
attending members shall elect a chair pro tem for the meeting. If the secretary is absent from a
specific meeting, the attending members shall elect a secretary pro tem for the meeting. If a vacancy
occurs in the chair, vice chair or secretary positions, the committee shall elect a member to fill the
vacancy at the next meeting. The secretary need not be a member of the committee and shall keep
an accurate record of all committee proceedings. (Ord. 01-07, 2-20-2001)

Four (4) members of the committee shall constitute a quorum. Not less than a quorum of the
committee may transact any business or conduct any proceedings before the committee. The
committee shall adopt rules of procedure for the conduct of meetings consistent with statutes, the
-14-
· city charter, ordinances and resolutions. The committee shall meet as frequently as is necessary and
convenient within the judgment of the committee, but shall meet not less than once every three (3)
months. The committee shall decide the time, place and date of meetings. All meetings shall be
open to the public. (Ord. 06-14, 6-5-2006)
The committee shall have no authority to make any expenditures on behalf of the city or disburse
any funds provided by the city or to obligate the city for any funds except as has been included in the
city budget and after the city council shall have authorized the expenditure by resolution, which
resolution shall provide the administrative method by which funds shall be drawn and expended.
(Ord. 01-07,2-20-2001)
-15-
hi h
Convention and Visitors Bureau
March 29,2010
Mayor Mike Jenson and City Council

P.O. Box 158
Dear Mayor Jenson and City Council,
The Whitefish Convention and Visitors Bureau Board of Directors would like to provide a
recommendation regarding upcoming openings on the WCVB Board. According to City
Ordinance 06 -OS, the City Council shall endeavor to appoint members who represent one
of the following business categories, and that have broad experience in and a current
understanding of the following types of businesses:
Restaurant and bar business Retail businesses

Transportation business Small lodging properties
Large Lodging properties Finance
Big Mountain Whitefish Golf Course
Presently, two Board seats are currently seeking candidates for the Whitefish Mountain
Resort and Large Lodging categories. The WCVB Board strongly recommends that Nick
Polumbus, Marketing Manager for the Whitefish Mountain Resort, be reappointed. His
knowledge and expertise in marketing and promotion are extensive. The WCVB
appreciates the contributions Nick has made in his short tenure on the Board. It is
important that the WCVB maintain a strong connection with this valuable partner.
In addition, the board wishes to recommend that a representative from the Lodge at
Whitefish Lake be appointed to the Board. The Lodge at Whitefish Lake has been a
stalwart supporter and has contributed generously to all our marketing efforts by providing
food and lodging for innumerable press trips, familiarization tours, various tourism entities,
and sweepstakes prizes for many promotions. The support they provide is invaluable.
We appreciate being allowed input on this decision by City Council
z
Scott Ringer,
ChairWCVB
P.O. Box 4232 142 Railway Street, Whitefish, Montana 59937

www.explorewhitefish 4068623390
-16-
March 18, 2010
City Clerk, Whitefish, MT
As a resident of Whitefish, I once again would like to apply for the openings available on the WHITEFISH
CONVENTION AND VISITOR BUREAU COMMITIEE.
Richard H. Atkinson
862-7591
-17-
From: "Nick Polumbus" <nickp@skiwhitefish.com>
To: "'Necile Lorang'" <nlorang@cityofwhitefish.org>
Cc: '''Jan Metzmaker'" <Jmetzmaker@explorewhitefish.com>
Sent: Thursday, February 25,201012:26 PM
Attach: Boards May 2010 list.doc
Subject: FW: Boards May 2010 list.doc
Necile, I was sent this by Jan Metzmaker in regard to my spot on the WCVB Board of Directors. I am certainly
interested in re-upping for this position. Below is the information about me that I sent you last fall when
applying for the seat I currently occupy. None of this information has changed.
N ecile. please include the following with my letter of interest to the council.
.. I've held the position of Director of Marketing and Sales at Whitefish Mountain Resort since April, 2007
• I also have 9 years of sales and marketing experience at Killington Resort in Vermont - my last title
there was Director of Marketing
• I currently serve on the board of For the Children, Inc - the local non-profit that puts on the Whitefish
Winter Classic event
• I am currently the Vice President of the board of the Montana Ski Areas Association
• In Vermont I served on the board of the Killington Chamber of Commerce (which functioned more like
the Whitefish CVB than the Whitefish Chamber)
• I was also on the board of Vermont Adaptive Ski and Sports
• I received a Bachelor's Degree in Communications from the University of Colorado in 1996 and a
Master's Degree in Business from the University of Colorado in 1999
.. I live in Whitefish with my wife and our three sons
Thanks NecHe.
--Nick
Nick Polumbus
Diredor of Marketing and Sales
Whitefish Mountain Resort . on Big Mounlain since 1947
PO Box 1400 • Whitefish, Montano· 59937
'{Vyvw.skiwhitefish.com
e i Dl<;:kQ@skiwhitefish.com
pi 406.862.1955
c i 406.212.3568
f I 406.862.2955
WHITEFISH
MO~~NTi'lf,N IU;~"'r
-18-
March 22, 2010
Whitefish Citv Clerk

418 East 2nd S~reet
Whitefish. MT 59937
Mayor Mike Jenson and the Whitefish City Council,
I would like to be considered for the position of the Large Lodging representative on the
Whitefish Convention and Visitor Bureau Committee. I am the owner and operator of the
Lodge at Whitefish Lake. My intention would be to contribute my knowledge of the
hospitality and tourism industry of Whitefish to the committee.
You can contact me at my office at (406) 863-4002 or by email at

brian((l)Jodgeatwhitefishlake.com.
--.--~--.... --.-.--.--".---.-.....---..
~
Sincerely
Brian Averill
Owner/Operator
The Lodge at Whitefish Lake LLC, 1380 Wisconsin Avenue, Whitefish, Montana 59937
406-863-4000 FAX 406-863-2750
www.lodgeatwhitefishlake.com
-19-
2 Fairway Drive' Wbitefisb, Montana 59937 . 406·862'3000 . 800·321·8822 . Fax 406'862·0326
GROllP SALES: 877'223'0742 . CENTI,AL RESERVATIONS: 877'862'1505
www.montanasfinest.com . in[oC[1)ul0ntanasLnest.coDl
March 24,2010
Whitefish City derk's Office

PO Box 158
418 East 2nd Street
Whitefish, MT 59937
Dear Whitefish City Councilors,
I am writing to express interest in serving as a volunteer on the Whitefish Convention & Visitor
Bureau Committee. I have been a resident of Whitefish since graduating from the University of
Montana in 1997 and have been employed in the hospitality industry for the duration of my time
here. My husband, Paul Alsippi, and I are homeowners residing within the city limits of Whitefish,
at 40 Dakota Avenue.
Currently I am Senior Sales Manager for the Grouse Mountain Lodge, my focus being ski! winter
sport, corporate meetings and summer tour markets. From 2003-2005, I handled the small meetings
and weddings markets, and previous to that I worked in the restaurant & bar here at Grouse
Mountain Lodge and also at Moguls Restaurant at now Whitefish Mountain Resort.
My position as Senior Sales Manager requires that I establish and execute a strategic sales plan for
producing room nights and revenue from my assigned territory. This includes determining target
markets, developing various sales promotions specific for each market, organizing advertising
campaigns, participation in trade shows for group and leisure markets, and following a yearly budget.
I have worked with other local businesses to organize and participate in cooperative sales efforts and
am seeking more opportunities to be involved in situating Whitefish as a high-demand destination in
North America and worldwide markets.
I believe my professional experience and personal interest in growing tourism to Whitefish would
make me a valuable member of the Whitefish Convention & Visitor Bureau Committee. Thank you
for your consideration.
Sincerely;
Edna White
Senior Sales Manager
Grouse Mountain Lodge
406-863-4715 Direct
406-270-6924 Mobile
ednaW@ montanasfinest.com
-20-
h .'5-6
March 3, 2010
Scott Ringer, General Manager

The Lodge at Whitefish Lake
1380 Wisconsin Avenue
Whitefish, MT 59937
Dear Scott:
Your term on the Whitefish Convention and Visitor Bureau Committee expires
May 31,2010.
If you are interested in serving another term, please notify us. The term is a
three-year term. For your convenience, you may return this letter with your
signature on the line provided below if you would like to serve another term.
to receive applications/and to receive your letter of interest if you want to reapply,
is March 29,2010. Interviews with the Council will be on April 5th and June 1yth.
I will call to set up your specific time if you are reapplying.
Sincerely,
'-Il~c5\~
NecHe Lorang, CMC
I am interested in serving another term on t Convention and Visitor

Bureau Committee.
87 1- o3~3
Scott Ringer Phone #
-21-
Chuck Brown
3064 River Lakes Drive
Whitefish, MT 59937
406-250-7505
chuck.brown@bresnan.net
March 29, 2010
Necile Lorang
City Clerk's Office
City of Wh itefish
418 East 2nd Street
Whitefish, MT 59937
Dear Ms. Lorang:
Please accept this letter as an indication of my interest in the Committee position for the Whitefish Convention
and Visitor Bureau. This is an area for which I have great passion as well as significant industry expertise.
I spent 22 years with Westin Hotels & Resorts, with management positions in large convention hotels and
corporate brand leadership covering the Westin global portfolio, which includes hotels as well as destination
resorts. My most recent focus was creating a consistent branded experience and service culture geared toward
making Westin the brand of preference. The results were measurably improved market share in Westin. My
personal connections across the hospitality industry are vast and can be potential resources as appropriate for
the needs of the Whitefish Convention and Visitor Bureau.
Whitefish is a community that has been near and dear to our family since we first visited in 1971 and later
moved here in 1978. I am proud to be a graduate of Whitefish High School (1981) and the University of
Montana (1986) and to have formed my hospitality and work ethic at local Whitefish hospitality businesses
including Grouse Mountain Lodge (1984 opening staff member), the Ptarmigan Room, the Bierstube and Dos
Amigos.
My current hospitality consulting practice has me involved with many clients outside the Flathead Valley,
including redefining the customer experience at the World Famous San Diego Zoo and San Diego Zoo's Wild
Animal Park and continued brand experience work for Westin Hotels & Resorts. All together, I have spent 33
years in the hospitality industry. Enclosed is a recent article about my career in the Flathead Business Journal.
Now, I welcome the opportunity to give something back to the community of Whitefish. I already have some
ideas for the CVB, but before offering them, I would like to better understand the current perceived obstacles
to greater success. I believe Whitefish is a world-class destination with seemingly limitless potential.
I look forward to serving the cor~o 'Tlunity of Whitefish.
Sincerely,
a~
Chuck Brown
Enclosure
-22-
Vol. 21/ Issue 2
L
February 15/ 2010
.... THIS MONTH
GROUP EFFORT
Glacier Restaurant
Group builds
brand loyalty
-Page 4
SERVSAFE
Restaurants, bars can tap
into specialized training
for employees
-Page 6
ON FILE
Business records, from
building permits to
bankruptcies
- Pages 16-22
Flathead
BUSINR~S JOURNAL
Next issue: March 15
-23-
8- FLATHEAD BUSINESS JOURNAL MONDAY, FEBRUARY 15, 2010
HOSPITALITY
Whitefish native now a hospitality consultant

before settling into the comfortable looks the peaks of the Whitefish Range. waited in the cold at 4:30 a.m. to get it).
By ERIKA HOEFER little office with the white balcony and Tacked to the walls and tucked into And then there are the posters. framed
Flathead Business Journal expansive view of the mountains on corners are souvenirs detailing his photos and bookshelf of keepsakes
the third floor of his home back in his journey through life. A UM Griz helmet gained from more than two decades
It's a funny thing, the way LPF Hos- hometown of Whitefish. is a reminder of his days as a pigskin with Westin.
pitality Performance Principal Partner Brown, a 1981 graduate of Whitefish player. There's the empty Starbucks Brown swivels between two desks
Chuck Brown began his career in hotel High School, was part of the 1984 open- cup, a memory of the very first latte
See CONSULTANT on Page 9
management. ing staff at Grouse Mountain Lodge in ever served at the Kalispell location (he
It goes something like this: Brown Whitefish. He returned to the Flathead
finds a 1985 hardcover copy of The 100 Valley in 2002 and worked remotely
Best Companies to Work for in America for Starwood Hotels & Resorts for six
and flips to a page on Westin Hotels.
The article isn't long but it details a
focus on family-friendly customer ser-
years.
During his tenure with Westin, he
was tasked with various jobs, from day-
vice, passion and pride. Brown assumes to-day hotel operation to new product
what he's reading about Westin's phi- development to global-systems trainer
Welcome
losophy is true and not just idle ver- and total quality management. Brown
biage thrown together by a public rela- was one of 29 Westin employees who
Greg Vanichkachorn M.D. t
tions assistant. Something in that blurb stayed with the company from its early
in that little blue book hooks itself to days as a family-owned company to its liI"dh"",slll ... lth""", .-.d -:"", SJmri: 'u carr"
Brown and Westin Hotels becomes his merger with Starwood Hotel & Resorts
(k'IIfl'IiI1I11'",IIItlI·1l\ ~h.\II'I';IDr (;rllg'li:II·ttli'AI:;t\(If'l,P/I.:l,
Mecca. Worldwide Inc. in 1998.
"It became the only company I Loyalty is a hallmark of Brown's .lotJr'. Vvlrt'" e: hight" a::mnit:cc It p"c.-e"rti:m. uh.<ilI: ':::In, I!f'tt
sought," he said. work ethic. Even today, now that he

cbf'll::el ""!)Port 1!1 k!!O!JlrJl e"W"~>I!S Cllll-!! I~W''''i~ 'Ii'",
That was in 1986. Brown, of White- is a principal partner in the two-man
fish, was just finishing his bachelor's consulting firm of LPF Hospitality Per- iI... !t~" ~rd ufa, In l0:5 Df V..-, ... "'.....d ;,U; ''-t:_ f"",
degree in finance and business admin- formance, Brown still serves as a con- VilJmid ("..,S'!'"n'·",_~~'" lh·ii,.ef~ily !h:-'I:\:'.!i or M~d I!..in.t; h
istration at the University of Montana sultant to the Westin brand, sharing
and would get the job at Westin Hotels his vast knowledge and passion for the Po CI'lllI·J.II~ \f.tJ:;uid.tln! t 141 IlpLvI• ..t L", F".'l~'! ~... l.nl""
shortly thereafter. It would be 22 years hotel chain that brought America the ~id ...'l in ;;Cl~li ,v·.CII $:.1·"".::;.1 ..... ,;11 ',;'1Nlkonc.lI.
before he would finally put a second Heavenly Sleep bed and the Heavenly
line on his resume. Bath dual shower head. ft!aiv,iI~"" il'1l'Tll'Y l..Iodi""' .. :J,OI!IIe,<o ...."I'd '" 2:0:$ at
That's not to say Brown sat in the "It's great to still be involved in V·:I.I smo~ OIl.Illihone. 1::). •.....·II'S II'llCrem r~ac 1IQ1U"'1~"
same office and filed the same reports it and to take that passion to other
day after day for 22 years. Quite the brands and industries," he said. Ui~:arC! 1":llb!""," ~nd r...... r,r,""~ :vi;>tiDn. i:<l-ing. ,,'01
opposite really. He bounced from Los (Ocki~ n.al C"ISf~t '1'1(>, lI"I! 69 llapt"l,e> 1v'r1! )1. .... "
Angeles to Seattle to White Plains, NY BROWN'S office these days over-
"""",.o, ~ pzn ~f tIw> l):I1I",m":lI11j <I' - , . fl •• h..d •·..n."
Peace , j <lnt ~1~ .1>;'I~;y~J ..d !mll,,~,i\:d
of Mind t: n~ Gllu':L..' 'I'~u:&.rd .:f ..:;fo-r)
<.vo:l t.t.i,,,,,~,,tT,, ;',J.""""t..

from People ~<.*Ie ,-j !!fa: ,"/.;Iiu:;d', "H,~_
You Tmst!
"rr"l"'tinn'" ...... rt" !doTllit:n .. t Th .. !lam... it
• lift
• rro~.rI.y :'W:. :.un~!",.ljcVf wm~. 1\.~6spcll. I'l: ~';~ I
• Bonds 4ot.'751A5DiII
• BUSlne9S Auto
lIAIIOW>l.11N
').,w.n~';L:m:..,. lnNIilt.L't"
.... 08S7·78C2
nl!:l';1.",~'W\oi--;;uutr..!llt.i.",,;tlill
-24-
MONDAY, FEBRUARY 15, 2010 FLATHEAD BUSINESS JOURNAL - 9
HOSPITALITY
Brown helps hotels deal with economy's 'new normal'

plasma big screens, or limiting the num-
CONSULTANT/From 8 ber of times housecleaning tidies a hotel
room during a family's multiday stay.
as he works, his wife Julie and three Brown said a lot of people don't care
young children audible in the distance if their linens are changed every day if
as he conducts meetings via Skype they are staying for three or four days,
video chats and conference calls. and those who do can always have those
He loves the ability to work from his services upon request.
home. It gives him the opportunity to "For all the people who don't, why are
coach youth football and baseball and we spending all that money every day?"
allows him the time to volunteer in his he pointed out.
son's math class. Even with the small changes and sac-
"I've got all the tools I need," he said. rifices that come with the tight economy,
His current project is working with businesses still have the power to inspire
the San Diego Zoo, focusing on creating loyalty beyond reason, Brown said.
brand standards and ways to gain con- "It doesn't mean that it has to cost
structive feedback. more to deliver that kind of experience,"
While Brown says he sees many cross- he said. adding that businesses need to
overs between the zoo and hotel industry focus on creating emotional relationships
in terms of creating a cohesive guest with guests.
experience and emotional connection, "Customers are still wanting to be loy-
surely being put in a cage with baby ai," he said, adding that credibility does
cheetahs brings a dash of danger to the not build up overnight but is dependent
new task, no? on consistency and focus. "It's still all
"It's great," he said. "My kids think about the people."
I'm feeding the animals." Brenda Ahearn/Flathead Business Journal
Reporter Erika Hoefer may be CHUCK BROWN of Whitefish is a partner in LPF Hospitality Performance. a con-
HOSPITALITY Performance reached at 758-4439 or bye-mail at
launched the partnershIp between found- sulting firm that focuses on brand development and improving client operations.
ehoefer©dai/yinterlake.com
er Lance P. Fisher of Long Beach, Calif.
and Brown in August 2009. Focused on
brand development and improving cli-
ent operations, the company utili~es a .
"Knowledge Network" of experts m van-
ous areas of the hospitality business who
can be called in for specifiC projects.
"We are building it person by person
and discipline by discipline," he said of
the 40-odd members of the network.
Brown hopes his role in the consulting
firm will allow him to work with compa-
nies in the Flathead Valley, as he's had
to spend much of his career elsewhere in
the country.
"We have connections all over the
world," he said. "I would love to bring
that expertise to the valley."
The firm has the experience and
resources to work with major hotel com-
panies and small individual businesses
alike on efficiency, cost-effectiveness and
brand positioning.
With the depressed economy still a
challenge, Brown said he sees a relaxing
of brand standards within the hOSPItal-
ity and service industries. Part of his job
now with LPF is to help his clients find
a balance between brand integrity and
dealing with the economy. He calls this
reaction to the times "the new normal" Hampton Inn Kallspell-406.755.7900
of operating. 1140 Hwy 2 West .. Kalispell, MT" SOD-HAMPTON
This could mean a hotel or bar put- www.kaiispell.i1amptonim.oom
ting off replacing old television sets with
-25-
WHITEFISH CONVENTION AND VISITOR BUREAU COMMITTEE - WCC 2-12-1 3 YEAR TERMS
(Meetings/second Monday of the month; Mountain West Bank small meeting room, 601 Spokane Ave - Noon)
1 Rhonda Fitzgerald 862-3440 412 Lupfer Avenue May 31, 2012
(Small Lodging Property)
2 Erica Coffman 863-9304 121 W. 2nd Street May 31, 2012
(Restaurant/Bar)
3 Terry Nelson 253-9154 790 MoneganRd May 31, 2012
(Whitefish Lake Golf Course)
4 Bruce Haller 892-0009 (W) 121 Idaho Avenue May 31, 2011
(Dollar Rental Car)
5 Nick Spear 862-9050 (W) PO Box 1959, WF May 31, 2011
Marketing Coordinator, Alpine Theatre Project
6 Scott Ringer 863-4000 General Manager, The Lodge at May 31, 2010
(RestaurantlBar) Whitefish Lake, 1380 Wisconsin Ave, WF
7 Nick Polumbus 862-1955 Director of Marketing & Sales May 31, 2010
(Whitefish Mountain Resort) Whitefish Mountain Resort, PO Box 1400 WF
CONVENTION AND VISITOR BUREAU COMMITTEE

2-12-1: STANDING COMMITTEE ESTABLISHED:
There is hereby established a standing committee to be called the "Whitefish convention and visitor
bureau committee", hereinafter referred to as the committee. (Ord. 06-05, 3-20-2006)
2-12-2: PURPOSE, POWERS, PROCESSES AND DUTIES:

The purpose and duties of the committee are:
A. To be the designated nonprofit convention and visitors' bureau for the city of Whitefish;
B. To develop an annual marketing plan and budget for each fiscal year, which annual marketing
plan and budget will be presented to the Whitefish city council for approval;
C. To submit the annual marketing plan approved by the Whitefish city council to the Montana
tourism advisory council and receive approval by the tourism advisory council of such annual
marketing plan;
D. To contract with the Montana department of commerce to receive lodging tax revenues
earmarked for tourism promotion and disbursed pursuant to section 15-65-121, Montana Code
Annotated;
E. To implement the annual marketing plan referenced above, and use the proceeds distributed by
the Montana department of commerce pursuant to the budget approved by the Whitefish city
council;
F. To comply with all of the provisions contained under the category "eligible organizations" in the
"Regulations And Procedures For Regional/CVB Tourism Organizations Use Of Lodging Facility
Use Tax Revenue" promulgated by the Montana department of commerce;
G. To provide recommendations and advice to the Whitefish city council, as appropriate, regarding
tourism promotion;
H. To solicit nonvoting members residing in or owning a business located in the city of Whitefish
zoning jurisdiction, if the committee determines it to be in the best interests of the committee and
in the best interests of tourism promotion; such members may be required by the committee to
pay an annual fee for membership;
-26-
I. To conduct such additional activities with regard to tourism promotion as are determined by the
committee to be in the best interests of the committee and of the city of Whitefish; and (Ord. 06-
05, 3-20-2006)
J. To create a new classification of members, to be called "lodging associate members", which would
have the following characteristics:
1. The associate member must have a Whitefish street address (including 59937 zip code) and a
Whitefish telephone number.
2. The associate member must provide a significant activity, experience or service that is not already
provided in the Whitefish zoning jurisdiction, as determined annually by the board of the WCVB.
3. The associate member must agree to all obligations and duties applicable to regular members of
theWCVB.
4. The associate member must be nominated by a convention and visitor bureau standing city
committee member (board member of the WCVB) and be approved by a majority of the standing city
committee (board of the WCVB).
Associate members cannot participate in the nomination or recommendation of board positions, nor
. can they serve on the board. Otherwise, however, they will have the same rights as other members.
(Ord. 07-23,7-16-2007)
Nothing in this chapter shall be construed to provide the committee with the power to authorize the
" use of public funds other than those funds specifically identified in the committee's annual budget
and approved by the Whitefish city council. The committee shall be entitled to conduct fund raising
activities, including charging a membership fee, and expend any funds raised for purposes related to
tourism promotion. In conducting fundraising activities, the committee shall not be entitled to incur
indebtedness that could be charged against the city. (Ord. 06-05, 3-20-2006)
2-12-3: MEMBERSHIP:
A. Appointment; Compensation: The committee shall have seven (7) members. Members shall be
appointed by the city council. All members shall reside in the city of Whitefish zoning jurisdiction.
The city council shall endeavor to appoint members who represent one of the following business
categories, and that have broad experience in and a current understanding of the following types
of businesses:
Big Mountain
Finance
Large lodging properties
Restaurant and bar business
Retail businesses
Small lodging properties
Transportation business
Whitefish golf course
The city clerk shall make a notation of a member's representation category to facilitate
appointment to categories not represented. However, the city council shall be entitled to appoint
those individuals that it determines most qualified, regardless of representation category. The city
council may appoint one of its members to serve as an ex officio (nonvoting) member of the
committee. Committee members shall receive no compensation.
-27-
B. Terms Of Members: Committee terms shall be for three (3) years, although several of the terms of
the initial appointees may be slightly longer than three (3) years. There are hereby created
positions numbered 1 through 7 inclusive of the members of the committee. Three (3) of the initial
appointees shall serve three (3) year terms. Two (2) of the initial appointees shall serve two (2)
year terms. Two (2) of the initial appointees shall serve one year terms. Terms shall be assigned
to the initial appointees randomly.
'····························,,·······,,·········.. 1····................................_ ............_ ....... [ .........._ ...............................................................
Position Position Initial
Number ,Specification Expiration Date
I ,
1 I Member I May 31, 2009
2 I Member I May 31,2009 -
' ..
~-3""-'-1
Member I May 31,2009..__...
I
4 II Member I May 31,2008
5 I Member I May 31, 2008
6 I Member I May 31,2007
7 I Member I May 31,2007
Thereafter members appointed to each position shall serve for three (3) year terms; the terms
beginning on June 1 of the year in which the term for the position expires. At the discretion of the
city council, m"embers may be appointed for more than one term.
C. Removal Of Member: A member may be removed from the committee by majority vote of the city
council for cause upon written charges and after a public hearing. Wilful disregard of this chapter
and the rules of procedure or bylaws of the committee, or absences from three (3) consecutive
meetings, including regular and special meetings, or absences from more than fifty percent (50%)
of such meetings held during the calendar year, shall constitute cause for removal.
Circumstances of the absences shall be considered by the city council prior to removal. Any
person who knows in advance of his or her inability to attend a specific meeting shall notify the
chairperson or secretary of the committee at least twenty four (24) hours prior to any scheduled
meeting.
D. Vacancy: Any vacancy on the committee shall be filled by the city council acting in a regular or
special session for the unexpired term of the position wherein the vacancy exists. The city council
may appoint members of the city council to temporarily fill vacant positions on the committee.
(Ord. 06-05, 3-20-2006)
At its first meeting after the initial appointment of committee members, and thereafter at its first
meeting after June 1 of each year, the committee shall elect officers, including a chairperson (also
known as the president), vice chairperson (also known as the vice president), treasurer and
secretary for the next twelve (12) month period. Upon the absence of the chairperson, the vice
chairperson shall serve as chairperson pro tem. If the secretary is absent from a specific meeting,
the attending members shall elect a secretary pro tem for the meeting. If a vacancy occurs in the
chairperson, vice chairperson, treasurer or secretary positions, the committee shall elect a member
to fill the vacancy at the next meeting. The secretary need not be a member of the committee and
shall keep an accurate record of all committee proceedings. (Ord. 06-05, 3-20-2006)
-28-
Four (4) members of the committee shall constitute a quorum. Not less than a quorum of the
committee may transact any business before the committee. The concurring vote of a simple
majority of members present shall be necessary to decide any question or matter before the
committee. The committee shall adopt bylaws for the conduct of meetings consistent with statutes,
the city charter, ordinances and resolutions. Meetings of the committee shall be held at least once
every other month or at the call of the chairperson, and at such other times as the committee may
determine. All meetings shall be open to the public. (Ord. 06-05, 3-20-2006)
2-12-6: STAFF SUPERVISION:

The committee shall have no supervisory control and shall not direct city staff in the performance of
their official duties. (Ord. 06-05, 3-20-2006)
Other than those funds specifically identified in the committee's annual budget and expenditure of
which has been approved by the Whitefish city council, the committee shall have no authority to
make any expenditure on behalf of the city or disburse any funds provided by the city or to obligate
the city for any funds. (Ord. 06-05, 3-20-2006)
2-12-8: COMMITTEE AS BOARD OF DIRECTORS:

The committee shall serve as the board of directors of the Whitefish Convention and Visitor Bureau,
Inc., a Montana nonprofit corporation (the "nonprofit corporation"). The officers of the committee shall
serve in the same capacity as officers of the nonprofit corporation. The articles of incorporation of the
nonprofit corporation shall be amended, as necessary and appropriate, to conform to the terms of
this chapter, and shall further provide that such articles of incorporation shall not be further amended
without approval of the Whitefish city council. The committee, acting as board of directors of the
nonprofit corporation, shall adopt bylaws that conform to the terms of this chapter and to the
amended articles of incorporation, and thereafter such bylaws shall not be amended without
approval of the Whitefish city council. The committee, acting as board of directors of the nonprofit
corporation, may provide that that nonprofit corporation may have members, and may solicit dues or
other contributions from such members; provided, however, that all of such members shall be
nonvoting members, and shall not be able to elect or remove members of the board of directors, or
amend the articles of incorporation or bylaws of the nonprofit corporation. (Ord. 06-05, 3-20-2006)
-29-
OFFICIAL CALENDAR OF THE CITY COUNCIL OF
THE CITY OF WHITEFISH, MONTANA
The following is a summary of the items to come before the

City Council at its regular session to be held on Monday,
AprilS, 2010, at 7:10 p.m. at City Hall, 402 East Second Street.
Ordinance numbers start with 10-07. Resolution numbers start with 10-08.
1) CALL TO ORDER
2) 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 comm<;nts, 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)
4) COMMUNICATIONS FROM VOLUNTEER BOARDS

a) Whitefish Convention and Visitors Bureau - FYII Marketing Plan and Budget - Review
and Consideration Council Action after Presentation (p. 1) ,.
b) Consideration of Whitefish Convention and Visitors Bureau board member absences
S) 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 d.ebated and acted upon prior to proceeding to the rest of the agenda.)
a) Minutes from the March IS, 2010 Council regular meeting (p. 17)
b) Request by Jennifer Byers for a one year extension of Preliminary Plat for McKaul
subdivision (p. 2S)
c) Resolution No. 10-_; A Resolution extending the time for the WB-2 Zoning District
Ad Hoc Committee to submit a written report to the Whitefish City-County Planning
Board. (p. 30)
d) Approval of Whitefish Lake Lakeshore Permit #WLP-10-W01; Bill and Dori Walton
- Construct gravel/log access path down to lake and remove dead vegetative
material with 23 Conditions (p. 31)
e) Approval of Whitefish Lake Lakeshore Permit #WLP-10-W02; J. Robert Mobley-
Modification of existing rip rap structure with 7 Conditions (p. 53)
f) Approval of Whitefish Lake Lakeshore Permit #WLP-1 0-W03; Carol Foley - Repair
and maintenance of existing deck and access stairs with 8 Conditions (p. 75)
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) Community Needs Assessment Phase I - Bresnan Communications LLC Cable
Television System Franchise Agreement Renewal (p. 101)
b) Resolution No. 10-_; A Resolution approving an increase in the rates for solid waste
collection and disposal (p. 131)
c) Resolution No. 10- ; A Resolution approving an increase in the rates for sewer service
supplied by the City of Whitefish (p. l37)
d) Ordinance No. 10-_; An Urgency Ordinance amending Ordinance No. 09-24, which
imposed a moratorium on the opening, operation or licensing of any establishments that
grow, sell or distribute medical marijuana (First and Only Reading) (p. 147)
e) Ordinance No. 10-_; An Urgency Ordinance imposing a moratorium on the issuance or
renewal of any temporary vendor permits for food and beverage sales, operating outside
of a communitywide or special event, and directing (1) the repeal of the ordinance
providing for such permits, and (2) the study of a new permanent ordinance regarding
temporary vendors (First and Only Reading) (p. 152)
7) COMMUNICATIONS FROM CITY MANAGER

a) Written report enclosed with the packet. Questions from Mayor or Council? (p. 157)
b) Other items arising between March 31 st and April 5th
c) Ordinance No. 10-_; An Ordinance revising the City Insurance Committee Ordinance
(1 st Reading) (p. 163)
d) Resolution No. 10-_; A Resolution incorporating previously adopted amendments into
a revised version of the City's Personnel Rules and Regulations (p. 170)
"
8) COMMUNICATIONS FROM MAYOR AND CITY COUNCILORS
a) Email from Kevin Gartland of Whitefish Chamber of Commerce regarding request for
$2,500 contribution toward $40,000 cost of an economic development marketing plan
(p.224)
9) ADJOURNMENT (Resolution 08-10 establishes J 1:00 p.m. as end of meeting unless extended to 11:30 by majority)
The following Principles for Civil Dialogue are adopted for use by the City
Council and by all boards, committees and personnel of the City of Whitefish:
.. We provide a safe environment where individual

perspectives are respected, heard, and acknowledged.
We are responsible for respectful and courteous dialogue

and participation.
.. We respect diverse opinions as a means to find solutions

based on common ground.
We encourage and value broad community participation .

..
.. We encourage creative approaches to engage public
participation.
.. We value informed decision-making and take personal

. responsibility to educate and be educated.
.. We believe that respectful public dialogue fosters healthy

community relationships, understanding, and problem-
solving.
.. We acknowledge, consider and respect the natural tensions

created by collaboration, change and transition.
• We follow the rules and guidelines established for each

meeting.
March 31, 2010
The Honorable Mayor Jenson and City Councilors

City of Whitefish
Whitefish, Montana
Mayor Jenson and City Councilors:
Monday, AprilS, 2010 City Council Agenda Report
There will be a special session for board, commission, and committee interviews beginning
at 5: 15 p.m. As we are beginning before 6:00 p.m., we will provide food for the special
seSSIOn.
The regular Council meeting will begin at 7:10 p.m.
COMMUNICATIONS FROM VOLUNTEER BOARDS

a) Whitefish Convention and Visitors Bureau - FYll Marketing Plan and Budget
Review and Consideration Council Action after Presentation (p. 1)
The WCVB has provided materials in your packet.
b) Consideration of Whitefish Convention and Visitors Bureau board member absences
Three Council persons requested this item be added to the agenda.
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 the March 15,2010 Council regular meeting (p. 17)
b) Request by Jennifer Byers for a one year extension of Preliminary Plat for McKaul
subdivision (p. 25)
c) Resolution No.1 0-_; A Resolution extending the time for the WB-2 Zoning
District Ad Hoc Committee to submit a written report to the Whitefish City-County
Planning Board. (p. 30)
d) Approval of Whitefish Lake Lakeshore Permit #WLP-1 0-WO 1; Bill and Dori
Walton - Construct gravel/log access path down to lake and remove dead
vegetative material with 23 Conditions (p. 31)
e) Approval of Whitefish Lake Lakeshore Permit #WLP-l 0-W02; J . Robert Mobley -
Modification of existing rip rap structure with 7 Conditions (p. 53)
f) Approval of Whitefish Lake Lakeshore Permit #WLP-l 0-W03; Carol Foley -
Repair and maintenance of existing deck and access stairs with 8
Conditions (p. 75)
RECOMMENDATION: Staff respectfully requests the City Council approve the

consent agenda.
Items a and c are legislative matters. Items b, d, e and f are quasi-judicial matters.
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) Community Needs Assessment Phase I - Bresnan Communications LLC Cable
Television System Franchise Agreement Renewal (p. 101)
The Cable Communications Policy Act of 1984 as amended by the Cable Television
Consumer Protection and Competition Act of 1992 enables cities to enter into
franchise agreements with cable television providers for the cable companies' use of
the public right-of-way. While franchise agreements with all utilities are common in
other states, Montana State Law prohibits other franchise agreements by
municipalities. In the case of cable television, federal law pre-empts state law.
Our current franchise agreement is attached with this report and it was enacted on
September 4,2007 and made effective as of September 5, 2007. It was a five year
franchise agreement, therefore it expires September 5,2012. In accordance with
federal law, Bresnan Communications sent us a letter on October 15, 2009 to initiate
renewal of the franchise agreement (see attached letter).
At a work session on February 1,2010, I discussed the aspects of our franchise

agreement, the franchise renewal process, and pros and cons of a formal renewal
process versus an informal renewal process with the Mayor and City Council. At
that time, there was some interest on the part of City Council Members to see if there
was public interest in the community in expanded local access television capability
and programming as well as interest in improvements to our tape recorded
broadcasting system for City Council meetings.
I have attached the legal notice of this public hearing, a display ad for the hearing,
and some background information on the cable television franchise process and
federal law in the packet. This public hearing is to determine, in part, if there are
sufficient problems with the existing Bresnan Communications cable television
service and Bresnan Communications' performance to merit doing a formal renewal
process instead of doing an informal process. It is also to begin a community
assessment or ascertainment process to see if the public has problems with Bresnan
ii
Communications service or if the public would like to see improvements in the
service or improvements to the local access channel.
The local access channel is called Public/Educational/Government or PEG access in

the franchise renewal process. We currently have limited access to the PEG channel
for re-broadcast of our City Council meetings, but there is no other local production
of programming or local origination of broadcasts in Whitefish of which I am aware.
One limitation of a formal renewal process is that it would likely require us to hire a
consultant to make sure we followed the very formal and detailed process outlined in
federal law. In 2007, the City of Whitefish did an informal renewal process and the
City Attorney and City Manager were able to negotiate the terms of the franchise
agreement with Bresnan Communications. However, a formal process entails much
more legal process, a detailed community needs assessment, and negotiations. That
is why federal law allows three years for a formal process to occur.
I did participate in two formal renewal processes while I was in Missoula in the 1980
- 90's and they took much time, a lot of effort, and were expensive processes. I also
did one informal renewal process while in Colorado from 1995 - 2004. Given our
workload in other areas, the pending retirement of our City Attorney, our lack of
funding to hire a consultant, and the belief that I think we can get improvements to
our broadcast equipment for City Council meetings via an informal renewal process,
unless there is a strong desire on local residents for improved local access
programming, I will recommend that we do an informal renewal process.
In talking recently with Sean O'Donnell, the Regional Vice-President of Bresnan

Communications, he said he has not done a formal renewal process in more than eight
years - almost all of their renewals are done via the informal franchise renewal
process.
For public notification of this hearing and to raise community awareness, we

published the legal notice twice in the Whitefish Pilot and we had a display ad
published once in the Whitefish Pilot. I also emailed the display ad to the School
District Superintendent and to our city email list. Also, Linda Engh-Grady of the
Whitefish Community Foundation agreed to forward our display ad notice to other
non-profit organizations in the area as non-profits are often interested in local
origination or local access programming. So we did an extensive amount of outreach
for this public hearing.
RECOMMENDATION: Staff respectfully recommends the City Council consider

the testimony at Monday's public hearing and determine if there is sufficient need for
a formal renewal process or if an informal renewal process will suffice for our cable
television franchise agreement renewal.
As City Manager, I recommend that we pursue an informal renewal process unless

there is extensive public testimony that Bresnan Communications has not provided
iii
good service or that there is extensive and sufficient need for expanded local access
(PEG) programming on the local access channel.
b) Resolution No.1 0-_; A Resolution approving an increase in the rates for solid
waste collection and disposal (p. 131)
In May 2004, the City moved from collecting solid waste in house to contracting with
Montana Waste Systems, Inc., however the billing remains in house. The five year
contract included an increase of 2.78% every July 1st. At the beginning of the
contract MWS billed the City $5.50 per can and the City billed the resident $7.50 in
order to cover the City's administrative costs. As of July 1,2009, MWS is billing the
City $6.31 per can and the City is still billing $7.50. The once $2 administration
spread is currently $1.19. The percentage increase from the beginning of the contract
to the current rate is 14.7%, and the CPI-U percentage increase (inflation) for the
same period was 14.2%. The City has been able to delay rate increases by spending
down the $200,000 cash balance the City maintained before contracting out with
MWS. The cash balance subsidized inflation, and kept the rate at 2004 levels.
On July 1,2010, MWS will raise their rate again by 2.78%. After the July 1,2010,
the Solid Waste Fund will lose a projected monthly amount of $7,000 if rates remain
the same. In order to maintain solvency in Solid Waste, the City will need to pass on
rate increases from MWS. This equates to a $1 increase for residential. The City will
need to increase commercial rates by same amount MWS has increased rates to the
city-see the attachment in the packet.
In addition, if a customer leaves an extra bag next to their can, MWS will charge the
City $5.50 per bag-MWS calls it a "City Extra". The City then manually adds those
charges to the customer's bill every month. Staff proposes adding a $1.00
administration fee for this service.
The proposed rate increase will generate a projected $7,312 monthly.
RECOMMENDATION: Staff respectfully requests the City Council consider the

testimony at the public hearing and adopt the Resolution approving an increase in the
rates for solid waste collection and disposal.
Thh item is a legislative matter.
. c) Resolution No. 10-_; A Resolution approving an increase in the rates for sewer
service supplied by the City of Whitefish (p. 137)
The Public Works Department has published a "Notice of Hearing on Proposed

Change in Sewer Rates" in the local newspaper and mailed a separate notice to each
of our wastewater customers. These notices describe the proposed changes and
IV
inform the public of a hearing to be conducted at the regular City Council meeting on
April 5th . Copies are attached.
The City Council considered this sewer rate increase at the March 1st City Council
workshop and directed staff to schedule a public hearing. Selected portions of the
information provided for the workshop are attached to John Wilson's staff report in
the packet. These attachments include an overview of the Wastewater System
Improvements Project, along with cost estimates and a preliminary project budget.
Revenue from the proposed rate increase would also enable us to reconstruct water
and sewer facilities in coordination with MDT's US Highway 93 Whitefish West
Project.
The proposed rate increase will provide approximately $194,000 in new annual
revenue, as necessary to finance proposed capital improvements. Monthly sewer bills
will increase less than 2% for 40% of our customers, while the average increase for
all customers is estimated at 11.7%.
RECOMMENDATION: Staff respectfully recommends the City Council conduct a

public hearing and adopt the proposed resolution, thereby enacting a change in rates
and charges for sewer service, effective on May 1, 2010.
This item is a legislative matter.
d) Ordinance No. 10-_; An Urgency Ordinance amending Ordinance No. 09-24,

which imposed a moratorium on the opening, operation or licensing of any
establishments that grow, sell or distribute medical marijuana (First and Only
Reading) (p. 147)
On December 7, 2009, the City Council adopted Ordinance No. 09-24, which
imposed a moratorium on the opening of any establishments selling, growing or
distributing medical marijuana. Ordinance No. 09-24 directed the Planning Board to
provide a recommendation to the Council regarding a permanent ordinance within
three months, or by approximately March 7, 2010. Ordinance No. 09-24 also
exempted from the moratorium any caregivers who provide medical marijuana to not
more than three qualifying patients.
At the Council's March 1 meeting, it directed staff to prepare an amendment to

Ordinance No. 09-24, which would allow the Planning Board more time to complete
its process, and that would eliminate the exemption for caregivers with three or fewer
qualifying patients.
When initially adopted, a moratorium of this type has only a six-month term. The
current moratorium, which began on December 7, 2009, will expire on June 6, 2010.
v
Unless a special meeting is called, the last regular Council meeting at which the
moratorium could be further extended is the May 17,2010, Council meeting.
Because of the noticing requirements in state law, it was not possible to schedule a
hearing on the amended Urgency Ordinance until AprilS, 2010. The proper notices
have been provided, however, and a public hearing is scheduled for AprilS, 2010.
An amended Ordinance, which will accomplish the revisions requested by the
Council, is attached to John Phelps' staff report in the packet.
RECOMMENDATION: City staff respectfully recommends that the City Council

consider adoption of the attached Ordinance after listening to comments at the public
hearing. Because it is an amendment to an urgency ordinance, it will take effect
immediately, after only one reading.
e) Ordinance No. 10-_; An Urgency Ordinance imposing a moratorium on the

issuance or renewal of any temporary vendor permits for food and beverage sales,
operating outside of a communitywide or special event, and directing (1) the repeal of
the ordinance providing for such permits, and (2) the study of a new permanent
ordinance regarding temporary vendors (First and Only Reading) (p. 152)
Pursuant to Ordinance No. 09-10, adopted by the City Council on August 17, 2009, a
new temporary vendor process was created. It allows for temporary vendors to apply
for a 60-day food and beverage permit, and allows them to operate outside of typical
communitywide or special events. The permit can be renewed for additional 60-day
periods. It has created some difficult issues, with vendors passionately wanting to
operate in the downtown area, and at least one existing business adamantly opposed
to them doing so.
At the March 1, 2010, Council meeting, the City Council adopted the following
motion:
Councilor Askew offered a motion, seconded by Councilor Mitchell,

to direct staff to initiate a code amendment to repeal the current
vending ordinance and create an urgency ordinance until they revise
the vending ordinance in a manner more suitable to the City. The
motion passed 4-2 with Councilors Friel and Muhlfeld voting in
opposition.
hearing on an Urgency Ordinance until AprilS, 2010. The proper notices have been
provided, however, and a public hearing is scheduled for AprilS, 2010. An Interim
Zoning Ordinance, which would establish a moratorium on the issuance or renewal of
vi
any further vendor permits allowing food and beverage sales outside of a
communitywide or special event, is attached to John Phelp's staff report in the packet.
RECOMMENDATION: City staff respectfully recommends that the City Council

consider adoption of the attached Ordinance. Because it is an amendment to an
urgency ordinance, it will take effect immediately, after only one reading.
7) COMMUNICATIONS FROM CITY MANAGER

a) Written report enclosed with the packet. Questions from Mayor or Council? (p. 157)
b) Other items arising between March 31 st and April 5th
c) Ordinance No. 10-_; An Ordinance revising the City Insurance Committee
Ordinance (lst Reading) (p.163)
In 2003, as part of an effort to have City employees share in the increasing cost of
medical, dental, and vision insurance (hereafter health insurance) premiums, the City
Council enacted Ordinance No. 03-08 which is attached to this memo. This
ordinance contains procedures for evaluating health insurance programs, their cost,
available city funding, and other aspects. At that time, the City paid for 100% of
monthly premiums and since that time, as collective bargaining agreements have
expired, the prior City Manager negotiated a sharing of cost increases. As a result,
currently the City pays approximately 95.6% of monthly premiums and employees
pay approximately 4.4%.
At the March 1, 2010 City Council meeting, the City Council requested revisions to
the ordinance to reflect more accurately the time frames for considering funding
levels for health insurance as part of the budget process and to reflect time frames for
premium costs that we get from our insurance provider, MMIA.
In the packet is a draft Ordinance showing the proposed changes to the City Insurance
Committee Ordinance, No. 03-08. These changes were reviewed by City Attorney
John Phelps and the City Insurance Committee. The City'S Insurance Committee, at
th
their meeting on March 15 , recommended this revised ordinance for approval.
RECOMMENDATION: Staff and the City Insurance Committee respectfully

recommends the City Council approve An Ordinance revising the City Insurance
Committee Ordinance.
d) Resolution No. 10-_; A Resolution incorporating previously adopted amendments

into a revised version of the City'S Personnel Rules and Regulations (p.170)
vii
The current version of Personnel Rules and Regulations (a.k.a. the Personnel Policy)
was originally adopted on June 20, 1994 pursuant to Resolution No. 94-23. Since
that time, the City Council has enacted five resolutions and one other motion
amending the Personnel Rules and Regulations, but these changes were never
incorporated into the Personnel Rules and Regulations. Rather, they were just
attached as appendages to the Personnel Rules and Regulations.
Also, the current Personnel Rules and Regulations is out of date in many legal and
policy areas and it needs updating. I have decided to embark on this path to update
the Personnel Rules and Regulations this year in two phases.
The first step in revising the Personnel Rules and Regulations is to codify and
incorporate those previously approved amendments and appendages into a new
Personnel Rules and Regulations. This step is what the draft document does and I
have footnoted each place where I incorporated prior adopted amendments and
appendages. Moreover, each of the prior adopted amendments and appendages are
attached at the back of the attached draft for verification and validation.
The second phase of changes will take more time to research and prepare, more
discussion with employees, and will be more difficult. This second phase may take
the rest of the year and I may even have to contract with a consultant to help with
proper language as my background is financial, not in human resources.
The attached Resolution would approve the incorporation of prior changes to the
Personnel Rules and Regulations made by previous City Councils. Attached to the
Resolution is a draft Personnel Rules and Regulations with changes shown in
redline/strikeout. If approved, I would then clean up the document by accepting the
redline/strikeout changes and preparing a table of contents for the revised document.
This cleaned up version would be the version attached to the Resolution in the City'S
records and would also be distributed to the employees.
These proposed changes were distributed to all employees. I have met with the
President and other members of all three unions regarding these changes and they are
fine with them. Also, I held open meetings for employees to come talk to me with
any concerns they have about this phase of changes to the Personnel Rules and
Regulation and also related to Phase 2 of the changes.
RECOMMENDATION: Staff and the City Insurance Committee respectfully

recommends the City Council approve A Resolution incorporating previously
adopted amendments into a revised version of the City's Personnel Rules and
Regulations.
COMMUNICATIONS FROM MAYOR AND CITY COUNCILORS
viii
a) Email from Kevin Gartland of Whitefish Chamber of Commerce regarding request
for $2,500 contribution toward $40,000 cost of an economic development marketing
plan (p.224)
ADJOURNMENT.
Sincerely,
UIfi'£
Chuck Stearns
City Manager
IX
Whitefish
MONTANA
Convention and Visitors Bureau
March 29,2010
Mayor Mike Jenson and City Council

P.O. Box 158
Dear Mayor Jenson and City Council,
On behalf ofthe Whitefish Convention and Visitors Bureau Board of Directors, I am

pleased to present the WCVB Fiscal Year 2011 Marketing Plan and Budget. Included are
two budgets: the Lodging Facility Use Tax or PUBLIC Budget and the budget for
Membership-Generated Funds. The WCVB Board of Directors unanimously approved the
Marketing Plan and the Public Budget at its March 26th meeting. The Whitefish City
Council approves the Marketing Plan and Lodging Facility Use Tax (Public) Budget at this
time each year. The approved Marketing Plan and the Public Budget must be sent to the -1-
Tourism Advisory Council and the Montana Office of Tourism by May 3,2010. Failure to
submit an approved Marketing Plan and Budget will result in the loss of all Lodging
Facility Use Tax Funds.
The Membership-Generated Funds Budget was tentatively approved by the WCVB Board
of Directors at the March 26,2010 meeting. This working budget will be adjusted in the
coming months as additional revenue projections develop.
We appreciate the opportunity to present this strategic and research-based marketing plan
and budget. In light of the current economy, the WCVB is pleased to have experienced an
8.25% increase in revenue, year-to-date. This increase will enable us to continue marketing
and promoting Whitefish as a travel and recreation destination.
Our Board of Directors and Director will be in attendance at the April 5, 2010 council
meeting to answer any questions you might have.
Sincerely,
>I~1Lu
Scott Ringer,
ChairWCVB
P.O. Box 4232 142 Railway Street, Whitefish, Montana 59937

www.explorewhitefish 4068623390
Whitefish Convention and Visitors Bureau
FY 11 Marketing Plan
July 1,2010 to June 30,2011
1. Purpose of the Whitefish Marketing Plan

The purpose of the Whitefish CVB Marketing Plan is to enhance the economy of Whitefish by emphasizing its
desirability as a travel and recreation destination to visitors who appreciate and respect the character of the place.
Our mission is to build a high level of visibility and increase our name recognition as a premier year-round
mountain resort town. The WCVB is the officially designated non-profit, established by the City of Whitefish, to
market and promote Whitefish. The organization also provides critical support for visitor information services,
travel infrastructure development, market research and public relations.
2. Strengths and Challenges of Whitefish Relative to other Destination Mountain

Towns
Market Strengths
Whitefish aligns perfectly with the three Montana Brand platform statements:
• More spectacular unspoiled nature than anywhere else in the lower 48.
4& Vibrant and charming small towns that serve as gateways to our natural wonders.
• Breathtaking experiences by day and relaxing hospitality at night.
-2- '"
4& Proximity to Glacier National Park - Travel forecasts have predicted an increase in U.S. travelers
expressing an interest in visiting a U.S. national park. In addition, the significant name recognition that
Glacier National Park holds among North American and international travelers provides an advantage to
"putting Whitefish on the map" for potential visitors. The 2010 Centennial Celebration will bring
additional visitors to the area.
• Central A venue Whitefish and the alluring character of the town's built structures - Research indicates
that visitors are attracted to the character and scale of Whitefish, especially the town's Central Avenue
district. These are attributes that form the foundation of the town's appeal to visitors who stay in, or
around the community, eat at the town's various restaurants, and shop at local stores.
• Access to recreational activities - A wide variety of recreational opportunities in and around Whitefish
is a major draw for visitors. These include Whitefish Lake, Whitefish Mountain Resort, as well as the
trails. rivers and scenic roadways in and around Glacier National Park.
Primary Pursuits that Draw Visitors: Additional Recreational Amenity Activities:

Activities in and around Glacier National Park " Biking
" Water sports on Whitefish Lake " Birding
• Skiing or snowboarding at " Hiking
Whitefish Mountain Resort .. Cross-country skiing
• Fishing • Horseback riding
" Scenic Driving and Wildlife • Dog sledding
Viewing • Ice Skating and hockey
" Golf at Whitefish Lake Golf Course " Whitewater rafting
" Sporting Events " Canoeing and kayaking
II Swimming
" Photography
• Cultural arts and entertainment - A variety of perfonning arts venues, professional
Equity Theatre, galleries and live music options provide additional support and attraction
for potential visitors.
• Friendly and welcoming community - Visitors frequently express that their visit is
enhanced by the friendly and welcoming attitudes of local residents and the front line
employees at Whitefish shops, restaurants and lodging businesses.
• Amtrak train service to Whitefish - Amtrak train service to Whitefish from Seattle,
Portland, Minneapolis and other key northern plains and Midwestern cities distinguishes
Whitefish in the marketplace and provides a unique access opportunity for visitors.
• Major commercial airport within 11 miles -Proximity of Glacier Park International
Airport makes Whitefish one of the closest North American mountain towns to a major
commercial airport.
• Dining- Diverse and unique quality dining and nightlife
• Farmers' Market, First Thursdays art gallery tours and Art Walks provide a Whitefish
community experience
Market Challenges
• Long delayed recovery of the u.s. Economy - Lingering uncertainty affects intent
and ability to travel.
• Lack of competitive pricing for air access and limited seats - When compared to
mountain communities with which Whitefish competes for destination visitors, airline
seats to Whitefish are regularly priced considerably higher. (See Appendix)
• Market perceptions of low quality service and limited amenities - Research perfonned -3-
by the Montana Office of Tourism in key destination markets reveals that Montana is
perceived to offer lower quality amenities and services to visitors. While Montanans are
perceived as being friendly, it should be distinguished that this friendliness does not
automatically translate into a guest's perception of a high level of service.
• High~y seasonal visitation patterns - Visitation patterns to Whitefish are highly seasonal
with the majority of visitation occurring during the high demand months of July and
August. This seasonality impacts the operating effectiveness of Whitefish businesses that
must accommodate highly volatile demand swings.
• Limited transportation infi-astructure - Public transportation options and visitor
infrastructure services in and around Whitefish are fewer than those provided at
competitor destinations.
• Fire and other natural crises - Weather uncertainty affects travel patterns and
willingness to travel.
3. Goals (in no particular order)

A. Establish our identity and presence in the marketplace as a unique destination.
B. Encourage destination visitation from the national market.
C. Rebuild traditional visitation from other areas of the state and neighboring states.
D. Aggressively showcase Whitefish's vast array of winter sports.
E. Entice Glacier National Park visitors to spend a few extra days in Whitefish
because of all of Whitefish's "natural" advantages.
F. Improve shoulder seasons with golf, fly fishing, bicycling, water sports, cultural
activities, community events, fall foliage, birding, wildlife viewing, and
encourage corporate retreats and sporting events.
2
G. Stimulate the publication of feature stories in national and regional magazines,
major metropolitan newspapers, and broadcast media.
H. Improve Meeting and Convention market year-round.
I. Increase visibility in the international market.
J. Highlight Whitefish as a location to the film industry.
K. Gather information and statistics on Whitefish visitors for the purpose of
marketing planning.
L. Pursue new airline markets.
M. Increase occupancy for lodging facilities.
N. Work toward DMO certification and employee professional certification.
4. Montana Office of Tourism 2008-2012 Strategic Plan

Goal 1: Increase four-season tourism revenues statewide through effective marketing and
promotions,focusing on high-value, low-impact visitors.
Action 1.1: Implement highly targeted consumer advertising and promotion campaigns,
based on strategic marketing plans, and track/report results.
I.I.a. Expand public-private marketing partnerships with tourism businesses and attractions in
publicity, web marketing, advertising, publications, and other promotions.
I.I.b. Continue winter marketing, promoting Montana as a superb destination for skiing,
snowboarding, snowshoeing, snowmobile touring, ice fishing.
I.I.c. Attend consumer travel shows that target specific high value, low impact markets
attractions.
-4- I ..J. .d. Continue marketing to international travelers.
1. I.e. Enhance tracking and reporting of results and return on investment (ROI) from state,
regional. and CVB advertising efforts.
Action 1.2: Promote Montana to targeted groups and events, emphasizing off-peak season.
1.2.a. AmplifY targeted sales and marketing to attract groups, meetings, and conferences to
Montana
1.2.b. Work with local sports groups/clubs to attract regional and national sports competitions
in off-peak seasons.
I.2.c. Continue to promote Montana as a film location.
1.2.d. Target travel media to increase the visibility of Montana as a leisure travel destination.
1.2.e. Continue to target tour operators to bring group tours and packaged vacations to
Montana.
Action 1.3: Work collaboratively with otber tourism marketing partners to plan and
implement priority marketing efforts.
1.3.a. Attend an annual Marketing Plan meeting with the Montana Office of Tourism, Regions,
CVBs, Tourism Advisory Council, MTTA, and other state/federal agencies involved in tourism
and recreation
1.3.b. Implement the new Montana tourism brand to enhance the state's image and message in
priority markets.
1.3.c. Conduct educational workshops, presentations, and webinars to build marketing capacity
and awareness, and showcase successes, among community and business partners.
1.3.d. Create cooperative marketing campaigns between agriculture and tourism.
Action 1.4: Improve Montana's Visitor Information System to extend visitor stays and
spending.
IA.a. Create a database inventory of visitor information system (VIS) components available
statewide.
3
lA.b. Establish criteria for "officially-designated" visitor information sites and services, and
foster more collaboration between agency and private visitor services
1.4.c. Provide advanced training for all Visitor Information Centers (VICs). Tap training
resources such as Montana Superhost and the National Association ofInterpretation.
lA.d. Use technology to enhance Montana visitor information and marketing efforts.
lA.e. Expand displays of Montana destinations and products at State rest areas, airports. train
stations, and visitor centers.
Goal 2: Attain public policy and citizen support for sustainable tourism and recreation.
Action 2.1: Build awareness through statewide publicity efforts about the new Montana
Tourism Charter, geotourism, tourism benefitslimpacts, tourism and recreation partner
initiatives, and allocation of lodging facility use taxes.
Action 2.2: Provide concise, visual briefings and presentations to policy makers and
business groups about Montana tourism issues and benefits.
Goal 3: Address management and access issues for sustainable recreation on private, state, and
federal lands.
Action 3.1: Educate Montana visitors, suppliers, and residents about ethics and
responsibilities on public and private lands, and use technology to encourage recreation in
appropriate areas.
Action 3.2: Coordinate state, regional, and local tourism marketing efforts with
state/federal land management strategies, to ensure that promotion messages are consistent
with public land uses and available facilities. '<
-5-
Goal 4: Enhance and preserve Montana's culture and history (historic sites, museums, art,
music, etc.).
Action 4.1: Promote Montana's existing historic and cultural assets for the enjoyment of
residents and visitors.
4.l.e. Plan and promote commemorations of historic events in Montana.
4.2.d. Revitalize Montana's historic downtowns as vibrant destinations for travelers.
Goal 5: Support appropriate tourism business growth, including new tourism products and
services,for target customer markets.
Action 5.1: Cultivate opportunities to leverage private and public dollars to create tourism
products and attract new tourist markets.
S.l.a. Create vacation packages, and develop theme itineraries, designed for off-peak season
niche markets targeted by promotion efforts.
S.l.b. Expand winter tourism products/activities to draw visitors.
S.l.c. Encourage use of Montana products by restaurants, markets, retail shops, and suppliers,
to add value to local businesses and traveler experiences.
Action 5.2: Provide information about technical and financial assistance available to
tourism and recreation businesses.
S .l.a. Inform businesses, communities, and organizations about technical and financial
assistance programs through newsletters, websites, tourism meetings, press releases, and business
trade associations.
4
Goal 6: Address tourism and recreation professional development, workforce availability, and
affordable housing issues.
Action 6.1: Enhance professional development opportunities and requirements for staff and
board members of Montana tourism and recreation-related organizations.
6.1.a. Encourage all Montana CVBs to join either the Destination Marketing Association
International DMAI), or the Western Association ofConvention & Visitors Bureaus (WACVB).
Goal 7: Improve Montana's transportation system for both residents and visitors.
Action 7.1: Increase air service capacity to and from Montana cities.
Action 7.4: Increase use of passenger rail and transit service in Montana.
7.4.a. Promote Amtrak's Empire Builder service in Montana.
7.4.c. Encourage and expand intercity transit service, and service to high traffic visitor
locations.
Action 7.5: Expand bike/pedestrian trail systems in and between Montana communities,
and connections to trailheads on state/federal lands.
Goal 8: Enhance the "curb appeal" of Montana communities to attract visitors.
Action 8.1: Increase the capacity of Montana communities to be more competitive in

tourism
-6- 8.l.c. Support City/County planning and growth policies that preserve the unique character of
Montana, and minimize urban sprawl.
Action 8.2: Implement improvements to make Montana communities more visitor-friendly.

8.2.a. Improve the appearance of community entrances, highway commercial areas, and public
parks/facilities
8.2.b. Address billboard proliferation and unsightly outdoor advertising signs.
8.2.c. Improve availability and visibility of public parking for visitors in downtown commercial
areas.
Goal 9: Increase funding to maintain sustainable tourism and recreation.
Action 9.1: Seek increases in state funding sources for targeted tourism marketing, and for
tourism and recreation-related programs and facilities.
Action 9.2: Foster opportunities to pool public and private marketing dollars.
Action 9.3: Enhance funding for region and CVB marketing efforts.
Goal 10: Build an effective "team" to implement the Strategic Plan, and report results.
Action 10.2: Create public/privateltribal partnerships for cooperative project

implementation.
Action 10.3: Implement regular Strategic Plan discussion and reporting mechanisms in a
variety of venues to ensure that actual tourism and recreation activities are aligned with
Strategic Plan goals and actions.
10.3.c. Submit implementation updates on Strategic Plan actions for an annual report to the
Tourism Advisory CounciL Governor, and partners.
5
Action 10.4: Streamline the process of reporting marketing plans, projects, and
expenditures to the TAC and Montana Office of Tourism by Tourism Regions and CVBs.
Action 10.5: Obtain strategic research to inform tourism marketing, development, and
policy decisions, and disseminate results and implications.
10.5.a. Continue to conduct research about resident and nonresident travelers in Montana.
10.5.c. Continue regular monitoring of Montanans' opinions about tourism and recreation.
10.5.d. Disseminate tourism research reports to partners statewide.
4. Measurable Objectives for FY 11

Increase Awareness of the brand among target audience
Move Whitefish into the target audience's consideration set
Create a multi-faceted campaign that builds awareness among first time visitors
Drive consideration and preference among repeat visitors
The following are the key objectives for accomplishment during the FY 11:
• Grow Whitefish "opt-in" subscriber base by an additional 6,500 individuals from
designated key markets of those who want to receive Whitefish travel information.
• Grow site traffic to www.ExploreWhitefish.com by 20% over previous year period.
• Maintain overall resort tax collection rates at the average of last three year's of
collections ($1,439,539), despite projected declines due to macro economic conditions.
• Build winter, autumn and spring season collection revenue.
o Grow January 1 to February 28 resort tax collections by 5% over last 3 year
average ($196,217).
o Grow September to October resort tax collections by 5% over last 3 year average -7-
($254,023. "
• Maintain high season levels to last three years' average collections for July/August-
($461,716).
• Improve access, ease and affordability travel to Whitefish.
• Establish an airline access commission that has a budget, ability to connect with expert
advice, and directive to provide an implementation plan for FY 11 Marketing Plan.
• Positive publicity placement in top 5 target markets.
• Publicity placement in national markets.
• Media coverage positioned within branding initiative.
• Equivalent ad space greater than ten times ad value.
• Hosting media, and TV in target markets.
6. Target Markets
Potential visitors will be targeted by geographic location. demographic characteristics, and values
that distinguish a potential visitor as a "geotraveler" (as defined by research conducted by the
Travel Industry Association of America (TIA) and the National Geographic Society).
Geotravelers are high-value, low impact visitors that appreciate the unique characteristics.
eccentricities and natural values of the places they visit. They place high value on travel
experiences that respect and support the local character of place, and are less likely to become
discouraged in their travel experiences by travel distances/difficulties and vagaries of weather.
Geotravelers at a glance:
Income: HHI of $50,000+
Education: Bachelors' degree+
Age: 25-64
6
• A segment of the U.S. total travel market estimated to include over 56 million people.
• They seek authenticity in travel experiences.
• Seek out opportunities to experience businesses and activities that are locally unique.
• Travel is an important part of their "lifestyle" and they often combine learning
with travel.
• Are more likely to be aware oftheir own impact, both environmental and community,
on the places they are visiting.
Geotraveler psychographics:
Values: Creative, curious, connected, engaged, adventurous, independent,
mindful. (Source: Geotraveler Exploratory, December 2008).
Attitudes: Immerse yourself in the culture, go off the beaten trail, get out of your
comfort zone, allow for spontaneity, take a risk, pay attention, go now. (Source:
Geotraveler Exploratory, 2008).
Core geographic markets for focus:

The WCVB will focus its attention during this fiscal period on potential visitors who match the
Geotourism profile in the following geographic markets. It is possible that opportunities will arise
in additional markets, in partnership with other tourism organizations such as the Montana Office
of Tourism. In these instances, the WCVB may extend its efforts beyond these core focus
markets.
Seattle, Washington - Puget Sound Area

Minneapolis, Minnesota
Chicagoland, (Chicago core and northern suburbs to Madison, Wisconsin)
-8- Southern Alberta including Calgary "
Emerging Market:
Portland, Oregon
Las Vegas- will test this potential market for the winter season after looking at data
Where Out-of State Visitors to Whitefish Primarily Come From:

10% Washington State (predominateZv west coast Puget Sound region)
7% Minnesota (predominately Minneapolis region)
7% Alberta (predominately southern Alberta and Calgary region)
6% California (no singular concentration)
6% Colorado
5% Illinois (predominately Chicagoland)
+ Everywhere else in the U.S. and the World (without any regular pattern. who live further away
in urban areas including Seattle, Portland, Los Angeles, Phoenix, New York/New Jersey,
Chicago, Washington, DC and have an interest in national parks and wilderness.)
Visitor Characteristics:
53% are traveling as a pair (2 persons)
28% have HHI above $120,000 per year
Average Age: 52
(Sources: ITRR: Whitefish-specific interviews I WMR Skier Surveys I Weh Analytics Reports)
Value of Fly-In vs. Drive-In Customer Types

Not all visitors are alike. The same is true oftheir economic impact to Whitefish. Research by the
ITRR indicates that Whitefish visitors from locations more than 300 miles away, who typically
7
travel via airlines, spend considerably more money per day than visitors who travel by car.
FL Y-IN VISITORS
$2,240 per trip average fly-in (excluding ai/fare)
$350 per day per party
DRIVE-IN VISITORS
$853 per trip average drive-in
$181 per day per party
Difference: $1,387 in additional spending per fly-in visitor (Source: ITRR). Based on these
metrics, the additional $1,387 in additional average spending per fly-in visitor provides additional
margin in the cost of customer acquisition. Parks are the Place: 73% of U.S. respondents
said they plan to visit a national park in 2009, up from 62 percent one year ago. (source:
TripAdvisor Research)
Being Active:
53% will go hiking in the coming year, up from 50 % last year. 47% of those surveyed
plan to engage in an adventure activity, an increase from 40 % in 2008. 33% of travelers
will go bicycling, up from 28 %, and 11 % of travelers are likely to participate in an
extreme sports activity, compared to 8% one year ago. (source: TripAdvisor Research)
Seeing Green: 34% of U.S. respondents said they will visit an environmentally-friendly
hotel or resort in the coming year, up from 30% in 2008. About 32% of those surveyed
said they will be more environmentally conscious in their travel decisions this year, than
-9-
they were the year before. Last year, 26 % said they would be more environmentally
conscious. (source: TripAdvisor Research)
Authentic Travel: Experiencing a destination more intensely through longer stays and
deep cultural immersion. (source: (AmEx Research)
Climate Sightseeing: A growing number of travelers are moved to visit destinations

threatened by climate change such as the Galapagos, Machu Picchu, Alaska and Canada's
Churchill, an area whose polar bears are threatened by extinction. (source: AmEx
Research)
Closer to Home Travel: Expanding beyond this year's "staycation" trend, travelers are
expected to seek closer to home, affordable alternatives to overseas destinations. (source:
AmEx Research)
7. Marketing Methods for Public Funds

The WCVB will utilize public funds for the purpose of marketing to the above markets through
the mediums listed below. All public funds will be leveraged through cooperative marketing
arrangements with the Montana Office of Tourism. Glacier Country or other regional destination
marketing organizations. The primary objective of Public Fund expenditures will be to create
brand awareness for Whitefish with fulfillment directed to the www.ExploreWhitefish.com
website or the toll-free telephone number for a travel planner.
Online: Display pay-per impression advertising done as part of cooperative programs
with Travel Montana, Glacier Country and other tourism organizations.
8
Tracking: Online ads will be referenced to a phantom URL for tracking of clicks
originating from external ads. Clicks will be tracked once a visitor arrives at our website to
measure the number of visitor inquiries (subscriptions). The target cost per online lead will be
$11 per lead.
Print: WCVB will partner with the Montana Office of Tourism, Glacier Country and
other tourism organizations in key publications. The list of potential publications is attached.
Key Areas of WCVB Activity for FY 11

The Whitefish Convention and Visitors Bureau will undertake initiatives and activities in the
following key areas during FYIl. Tourism and visitation to Whitefish are critical to the economic
health and vibrancy of Whitefish, Montana. However, tourism and the associated support
infrastructure do not "just happen." The Whitefish Convention and Visitor Bureau actively serves
as a fundamental support to the town's economy and well-being through engagement in the
following pursuits:
Advertising
The WCVB enters into paid advertising agreements in select key markets. These advertisements
are in print (magazine, newspaper) media as well as online. The WCVB may also purchase
broadcast (television or radio) time. When paid campaigns are initiated, the WCVB often seeks to
partner with the state tourism promotion agency (Montana Office of Tourism), the regional
tourism authority (Glacier Country) or a strategic additional partner (for instance, Amtrak or
Whitefish Mountain Resort), in order to leverage the purchase and extend the investment.
Public Relations
-10- The WCVB invests in public relations and travel writer recruitment efforts to both encourage and
enhance the coverage of the town in major North American publications and media outlets. The
WCVB engages in a contract with a public relations firm for the purpose of reaching out to select
writers to encourage them to cover Whitefish. These efforts may include hosting "press trips"
(helping cover the costs of legitimate and published writers in a visit to Whitefish) and helping to
steward the experience of these writers in Whitefish to maximize the quality of the resulting
story. These efforts also include helping to support authors with imagery, background video,
facts, interviews, social media and any permits that may be required. In the past year, the media
efforts of the WCVB have facilitated and enhanced major stories about Whitefish in such notable
media outlets as Association News, Ski Magazine, Sunset Magazine, Time Out Chicago, Outdoor
Channel and the PBS TV show, Endless Feast, to name a few.
Website
Research indicates that over 90 percent of travelers use the internet to gather information, plan
and make reservations for their travels. In response to the significant role the internet plays in
travel planning and booking, the WCVB has built and maintains a very powerful internet resource
at www.ExploreWhitefish.com. The site provides significant information for prospective visitors,
including photo and video galleries, a calendar of events, activities and detailed information on
every member business. The website also serves as a key fulfillment resource for advertising and
public relations efforts. Visitors to the site may also register in order to receive periodic email
news about travel news and events in and around Whitefish. Currently, the E Newsletter is sent to
over 23,000 individuals who have signed up to receive updates and information about Whitefish.
Trade Shows
The WCVB both coordinates and attends several consumer travel shows in key markets. These
shows include a significant booth presence, staffing and collateral distribution. The WCVB also
9
invites and coordinates the participation of its members at these shows in order to facilitate a
larger Whitefish-branded "footprint" for show attendees.
Visitor Information Services

The WCVB financially supports the Whitefish Visitor Information Center in cooperation with the
Whitefish Chamber of Commerce. This visitor center hosts thousands of guests each year. The
financial support of the WCVB allows the visitor center to remain open on key weekends and
other holiday periods. The WCVB also provides funding for the' fulfillment of free Visitor Travel
Planners via U.S. mail, either from calls to our toll-free telephone number or requests from the
www.ExploreWhitefish.com website. In addition, the WCVB operates the Visitor Information
Center at Glacier Park International Airport. Amtrak train depot, and new visitor kiosks in
downtown Whitefish.
Trade Partner Relations

The WCVB actively works to foster. enhance and support relationships with key trade partners,
including State and regional tourism organizations, meeting planners, airlines, travel agencies.
travel wholesalers and Amtrak. We will also purchase qualified leads for specific email
campaigns. The organization facilitates connections between member businesses and these trade
partners, and also works to provide connectivity between individual businesses to assist in
accommodating larger meeting and convention demands such as the town's W. Regional
Governor's Conference and National Model T Convention.
Specialty Marketing Programs and Sponsorships

As part of the overall marketing efforts for Whitefish, the WCVB engages in unique sponsorship
and promotional initiatives that fall outside of traditional advertising venues. For example, the
WCVB worked together with Sturtevant's Sporting Goods retailers in the Seattle, Washington -11 -
metro area for an in-store promotion and sweepstakes. Additional specialty programs included
on-train Amtrak promotional displays and an in-town summer visitor cross-sell promotional
sweepstakes.
Collateral and Collateral Fulfillment

Beyond the internet, the WCVB provides important travel planning and visitor information in the
form of a printed Travel Planner magazine, fulfillment postcards and a visitor map. These items
are provided to members for free distribution throughout the town, the Whitefish Visitor
Information Center, the Glacier Park International Airport Whitefish Information Center and
downtown visitor kiosks.
Legislative Oversight and Monitoring

The WCVB actively engages with state representatives, Montana Office of Tourism and other
key stakeholders to educate the public on the value of tourism to the Whitefish economy, as well
as providing input on the affect of potential legislation on tourism and tourism businesses.
State Compliance and Administration

The WCVB is funded through a combination of public "bed-tax" funds collected locally at
lodging properties, and member dues. The WCVB provides state-required compliance for all
activities including bed tax funds, project application and completion reports, quarterly reports
and audits. The WCVB facilitates public access at board meetings and compliance with open
meeting laws.
10
Appendix
New sample air fare rates- Expedia.com June 2S-June 30, 2010
Seattle - FCA: $283
Seattle - Jackson Hole: $385
Seattle - Bozeman: $344
Seattle - SLC: $213
Seattle - Reno: $228
Minneapolis - FCA: $607

Minneapolis - Jackson Hole: $372
Minneapolis - Bozeman: $469
Minneapolis - SLC: $463
Minneapolis - Reno: $422
Chicago - FCA: $677

Chicago - Jackson Hole: $384
Chicago - Bozeman: $522
Chicago - SLC: $321
Chicago - Reno: $411
Chicago - Steamboat Springs: $354
Denver - FCA: $408

Denver - Jackson Hole: $268
Denver - Bozeman: $272
-12- Denver - Reno: $282
11
FY 11 Consumer Ad List of Publications
The WCVB would like to advertise in the following publications:
Montana Travel Planner

Glacier Country Guide
Glacier Waterton Visitors Assoc. Map
Montana Winter Guide
Flathead Golf Guide
Montana's Cultural Treasures
FCVB Travel Planner/Kalispell Chamber Planner
PRINT ADVERTISING:
Alberta Golf Publications

Amtrak Magazine Northwest Magazines
Audubon Outside
Big Sky Journal Portland Oregonian
Calgary Herald Powder Magazine
Calgary Sun Ready to Retire
Chicago Tribune Seattle Post Intelligencer
Daily Inter Lake Seattle Times
-13-
Delta Inflight Seattle Weekly
Empire Builder Magazine Skiing Magazine
FFwd (weekly magazine in Ski Journal
Calgary) Ski Magazine
Flathead Beacon Snow
Good Housekeeping Snowboard Journal
Horizon Inflight Spokesman Review
Horse Trader Trail Blazer
I.M. Cowgirl Trail Rider
Lethbridge Herald United Airlines Hemisphere
Lively Times Western Horseman
Meetings magazines Whitefish Pilot
Smart Meetings Whitefish Review
Association News
Other inflight magazines
Missoula
Independent/ Headwall
Missoulian
Montana Magazine
Mountain Living
National Geographic(any of
their publications)
Whitefish Convention & Visitor Bureau
----------~~---.------------------~----.-------------.-_._------_._--
-15-
WHITEFISH CITY COUNCIL MINUTES
March 15,2010
7:10 P.M.
1. CALL TO ORDER
Mayor Jenson called the meeting to order. Councilors present were Mitchell, Askew, Kahle,
Hyatt and Muhlfeld. Councilor Friel was absent. City Staff present were City Clerk Lorang, City
Manager Steams, City Attorney Phelps, Assistant City Manager/Finance Director Knapp, Planning and
Building Director Taylor, Utilities Supervisor Acton, Parks and Recreation Director Cozad and Fire
Chief Kennelly. Approximately 20 people were in attendance.
2. PLEDGE OF ALLEGIANCE
Mayor Jenson led the audience in the Pledge of Allegiance.
3. PRESENTATION - Presentation from Haskill Basin Watershed Council (p.l)
Chris Ruffatto said activities in Haskill Basin began with Whitefish High School. He started an
after school club called Freeflow (Flathead River Educational Effort for Focused Learning in Our
Watershed) and has been working with the Haskill Basin Watershed for almost 20 years. He thanked
Ron Buentemeir for giving them access to the creek via Stoltze Land. He thanked Patty Mason for
putting this power point presentation together. She works with Flathead Conservation District. -17-
Chris Ruffatto said his students work with professionals like John Muhlfeld's company, River
Design Group. The mission of the Haskill Basin Watershed Council is "to maintain and enhance the
chemical, biological and physical integrity of Haskill Creek by a voluntary and cooperative effort." He
showed pictures from some of the re-seeding projects the group worked on. Accomplishments of
Haskill Basin Watershed Council include restoration of 1,100 feet of streambank and reduced erosion
and sedimentation of the stream by 86-98% on that segment of river. This data plugged in the TMDL
(Total Maximum Daily Load) data. This is used for establishing county-wide water pollutant limits.
Flathead Lake has a TMDL applied to it. The goal is to reduce sediment introduction by 25%. There is
on-going restoration and education on Haskill Creek and they have received grant money to work on the
Reimer's place. A watershed is an area that is a "catchment" or drainage area and any water that falls
within that boundary is part of the watershed. Haskill Basin is a major tributary to the Whitefish River
and encompasses 8,281 acres. It is 10 miles long and includes three major tributaries: First Creek,
Second Creek, and Third Creek. The drop from the top of Big Mountain down to the Whitefish River is
about 3,000 feet. Precipitation is 53" at the top, and less than 18" at Whitefish River. Flow is
influenced by rain on snow events. Peak flows are in late May. The Forest Service owns 41% of the
basin; the State owns 6% and 53% is privately owned by FH Stoltze Land and Lumber, Whitefish
Mountain Resort and a few residential holdings .
.Chris Ruffatto said water quality is a major concern for the City Council. The Montana DEQ
gives an A-I designation above city water intakes. A-I is, "To be maintained suitable for drinking and
food processing purposes, bathing, swimming, recreation, the growth and propagation of salmonid fishes
and associated aquatic life, waterfowl and forbears and agricultural and industrial water supply."
March 15, 2010
He described the City water system flow. He commended the old timers who thought of this
ingenious system. He said 11,180 feet of pipeline takes water to the Treatment Plant. He said all the
water flows into the same pipe. The diversion by the City takes about 365 million gallons per year from
Second and Third Creeks. First Creek has been abandoned since the 1970's.
He said there are some problems with the supply system. The cistern at First Creek needs a
better screen system to protect from debris. At the Second Creek Intake has structure leaks, the
upstream side is filled with debris, upstream energy dissipaters are in need of repair, the top needs to
allow debris to move, the access road needs to be built up and drainage needs to be installed. The Third
Creek Intake needs debris removed, needs energy dissipaters upstream, needs higher berms to keep
water from overflowing and the access road needs maintenance. The shut-off valves are manual,
difficult to reach during certain times of the year.
Concerns of Haskill Basin Watershed Council:

• Profit from power generation could tempt larger diversions
• Potential impacts to westslope cutthroat trout population
• Increased erosion and waster water due to manual operations
• Wasted water due to leakage at reservoir and dam.
• Water rights may be over appropriated.
• Consumptive vs. non-consumptive use
• Feasibility of power generation
He invited the Council to tour the supply system this spring or summer.
-18-
Councilor Mitchell asked about the water energy generation. Mayor Jenson said the water use
rights for power generation are different that the rights for the water treatment plant. Manager Steams
said there are a couple of terms related to water rights that are important. He said they have to prove .uP
those water rights on paper with DNRC. The study is on-going and the City may lose some yield or
volume of water rights. The premise of the hydro study was whether it was feasible without increasing
water use. The City can divert more water for growth purposes--or they can pump more out of
Whitefish Lake or drill wells.
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)
Todd Snarr, 493 2 nd Ave EN in Kalispell, said he has concerns about the medical marijuana
issue. He said a recent newspaper article said it is difficult for police to monitor. He said he is not a
drug user. He said he knows some people think there is nothing illegal about drugs, but he believes
there needs to be some regulation out there. He has heard from different Councils that there is no
regulation. It wasn't addressed by the State Legislature, but it needs to be regulated. There are
regulations for alcohol and he thinks there needs to be regulations for marijuana use, too. He said he
thinks it needs to go back to Helena to get regulated across the State. He heard some ideas that if it is
medical then the dispensaries should be located in the hospital/medical locations and he agreed. He
asked them to halt this until it gets regulated.
2
March 15,2010
5. COMMUNICATIONS FROM VOLUNTEER BOARDS
Councilor Mitchell said the WB2 and WB3 meetings are moving along and they'll have the final
meeting tomorrow. Councilor Kahle said at the Trails Runs Through It Steering Committee meeting
they selected Eldon Creative to design a trail-system logo. A grand opening celebration will be held this
summer. He also met last Wednesday with the Government Affairs and Chamber of Commerce. They
hope to work more closely with the Montana West Economic Development group to identify targeted
industries for the Flathead Valley. Councilor Askew said the 911 Board is meeting with the two finalists
for the new director of the 911 Center tomorrow night. Councilor Hyatt said the Park Board met and
discussed the graffiti issue. They also discussed the beach. Major Jenson said he attended a meeting
with the insurance committee.
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.)
6a. Minutes from the March 1, 2010 Council regular meeting (p. 3)
6b. Request by 93 LLC for one year extension of Preliminary Plat for 93 LLC subdivision
(p.16)
6c. Resolution 10-07; A Resolution declaring certain property to be unneeded and obsolete
and authorizing the disposal of such property (p. 25)
Councilor Muhlfeld offered a motion, seconded by Councilor Hyatt, to approve the consent
agenda.
-19-
Councilor Askew asked about the abandoned property and Manager Steams said it will
go out for bidding, be traded in or scrapped.
The consent agenda passed unanimously.
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)
7a. Contested application of Michael Tigue for Temporary Food Vendor Permit for a hot
dog and sandwich stand at 100 Central (p. 30)
Building and Planning Director Taylor said as the City is working through the vendor process,
Michael Tigue, owner of "Side of the Tracks" applied for a Food Vendor Permit to operate a hot dog
and sandwich stand at 100 Central Avenue in Whitefish between the hours of 10 p.m. and 2 a.m. Mr.
Tigue is the second vendor to apply for a permit under the revised ordinance. According to the newly
revised Vendor regulations found under 11-3-23 of the City Code, notice was given to all property
owners within 250 feet of the site, as well as notice published in the Whitefish Pilot. Since opposition to
the permit was submitted by a nearby business owner during the prescribed timeframe, approval of the
permit has been elevated from an administrative approval to a public hearing before the City Council.
Richard Kramer, owner of the Red Caboose Diner and Casey's Bar kitty-comer from the subject
property, has filed a formal objection to the issuance of the permit, although he did not cite any specific
reasons why other than that vendors "affect all business in the area by changing the very character of our
3
March 15,2010
Down Town." Staff also received an anonymous objection that cited poor lighting at the subject
location, as well as lack of waste baskets, and that the store front was for rent.
The Council has directed staff to bring back an urgency ordinance banning food vendors for a
vote. However, dud to public noticing requirements, that ordinance will not be before the council until
April 5th . Until the code is changed or a moratorium put in place, the safest action is to treat all
proposed food vendors equally and apply the current code. Any permit granted now would only be good
for 60 days, and if the urgency ordinance is adopted after granting the permit, Mr. Tigue's permit would
not be renewed. Alternatively, the council could possibly make the urgency ordinance retroactive so as
to cancel all active vendor permits when it is adopted. Denying the vendor permit on the grounds that
the council may vote on a moratorium at their next meeting could put the city on dangerous legal
territory. An alternative could be to postpone action on this item until the next scheduled City Council
meeting after the urgency ordinance is voted on.
Approval of the permit is subject to adherence to the following conditions as set forth in Title 11
of the City Code:
1. The use shall be in compliance with the approved site plan except as amended by these conditions.
Any deviations from the plan shall require approval of supplemental plans/application submitted by
the applicant.
2. Signage must be affixed to the vending stand, not to exceed 20 square feet total, with the exception
ofamenu.
3. A garbage can for customer trash must be provided and maintained near the proposed use.
-20- 4. No tables or seating for customers is allowed.
5. No extension cords are allowed for electrical hookup, and all electrical connections must comply
with 11-3-23.B.7 and City building codes.
6. Employees shall use the restroom at the Remington, 130 Central Avenue.
7. The permit is valid for operation evenings from 10 pm until 2:00 am, with 60 minutes allowed
before and after those times for setup and takedown.
8. All structures and equipment are to be moved off-site when not open for business and the site must
be left clean and trash removed after each nightly use.
9. A five-pound ABC fire extinguisher is required to be maintained on site.
10. This approval is valid for 60 days, until May 14,2010.
Councilor Mitchell asked and Attorney Phelps said the urgency ordinance regarding vendors will
come before them April 5th • Councilor Muhlfeld asked and Director Taylor said Mr. Kramer's letter
didn't address anything specific in the Code.
The applicant, Mr. Tigue, said this isn't a new application. He started on January 4th by getting
permission from the landowner, and he submitted the application on February 10th . He thinks this
should be an accepted application.
Councilor Askew said this would only be a 60-day application and might not be renewed. Mr.
Tigue said he understood. He wondered if the Council was re-writing the ordinance or killing it.
Councilor Muhlfeld said he respected Mr. Tigue's concerns and asked the other Councilors if the plan
was to kill the vendor permit ordinance or rewrite it. Councilor Askew said if they can't make it work
for the City then the result would be to kill it, but he can't answer that question right now. Councilor
Hyatt said he thinks they'll go through it and come up with a better ordinance, but that is just his belief.
4
March 15,2010
Mayor Jenson opened the public hearing.
Rebecca Norton, 530 Scott Avenue, said she thinks they should put him to work.
Todd Snarr, 493 2nd Ave EN in Kalispell, asked and Director Taylor confirmed that the hours are
10 p.m. to 2 a.m. any day of the week. Mr. Snarr said the late hours seem legitimate for feeding the
evening crowd. He said people are trying to make a living in this tough economy. He didn't think they
should cancel this in its entirety. He thought they should promote work. He agreed that there needs to
be some regulations. He said it is all about competition. He complimented John Muhlfeld for how he
led the Council as the acting Mayor at the last meeting.
Mayor Jenson closed the public hearing.
Councilor Muhlfeld offered a motion to approve the application of Michael Tigue. The
motion died for lack of a second.
Councilor Hyatt offered a motion, seconded by Councilor Mitchell, to postpone action on

the Tigue Vendor Permit until the AprilS, 2010 Council meeting.
Councilor Mitchell said if there is an urgency ordinance in April that puts this to bed for a certain
period of time. Attorney Phelps said on April 5th , if they vote on a moratorium, they can't add any new
vendors. He asked Director Taylor who said the Councilors had said they would appoint a couple of
Councilors to work with staff on drafting new language. It woul~ probably be June before the Planning -21-
Department could work on it. Councilor Hyatt said at the last meeting he and Councilor Muhlfeld
volunteered to work on this. Manager Steams said he thought the Council wanted a moratorium through
an urgency ordinance and then wanted to repeal the current Vendor permit ordinance. Then the Council
could decide whether to resurrect or revive the vendor permit.
Mayor Jenson said he fails to see the problem with giving Mr. Tigue 60 days to be a vendor. He
applied before the issue blew up. Councilor Muhlfeld agreed. He said they need to apply City Code
equitably. He said this is a slippery slope. This man has $2500 in start-up fees and it isn't fair or right
to not grant the 60-day permit this evening. Councilor Askew said that's why he asked if the vendor
was aware that it was only a 60-day permit. He said he would vote to let him have it for 60 days as long
as the vendor understood that he could be out of business after that. Councilor Kahle said there was an
ordinance that a lot of them agreed had enforcement issues. There was previously one applicant and one
permit under the ordinance that has problems. He questioned whether they were comfortable granting
another permit under the flawed ordinance. He said the downtown businesses are the backbone of the
community. He said they aren't in business to protect one business over another, but the reality is that
vendors could cause Mr. Kramer to shut down and lay-off his employees. Mayor Jenson said his
contention is that this vendor started his process before the Council started theirs. Councilor Hyatt
asked and Director Taylor said once they pass the urgency ordinance they won't grant any more permits.
Councilor Hyatt withdrew his motion and the second agreed.
Councilor Muhlfeld offered a motion, seconded by Councilor Hyatt, to approve the

application of Michael Tigue for a Temporary Food Vendor Permit for a hot dog and sandwich
5
March 15, 2010
stand at 100 Central, subject to the Conditions of Approval. The motion passed 3-2 with
Councilors Kahle and Mitchell voting in opposition.
8. COMMUNICATIONS FROM CITY MANAGER
Sa. Written report enclosed with the packet. Questions from Mayor or Council? (p. 52)
None.
Sb. Other items arising between March 10th and March 15 th• None.
9. COMMUNICATIONS FROM MAYOR AND CITY COUNCILORS
9a. Appoint two elected officials or staff people to Core Group to work with DNRC, FWP,
and Flathead Gateway Partners on recreation aspects of the Whitefish Area Trust
Lands Neighborhood Plan pursuant to Memorandum of Understanding (p.55)
Mayor Jenson said they needed to appoint two people to this group. He was glad they created a
MOU. Councilor Askew asked if the Trails Runs Through It is a parallel committee. Mayor Jenson said
this group is trying to work out a long term management agreement for DNRC property that goes
beyond the scope of the trail. It is conceivable that a single entity could lease sections and sub-lease
other sections and the DNRC could be taken out of the day to day care of the property. He said he and
Parks Director Cozad have been attending the meetings. Councilor 1iuhlfeld asked about the time
commitment and Mayor Jenson said there have been meetings about every week or 10 days. The goal
for completion is December. Mayor Jenson said he would be glad to be on the committee. Councilor
-22- Askew asked if they can appoint Mayor Jenson and Parks and Recreation Director Kozad and Mayor
Jenson said yes.
Councilor Askew offered a motion, seconded by Councilor Hyatt, to appoint Mayor Jenson
and Parks and Recreation Director Kozad to the Core Group. The motion passed unanimously.
9b. Letter from Bette Schultz regarding city hall site (p. 59)
Mayor Jenson said he would like a letter sent to Ms. Schultz explaining that this property was
analyzed and addressed in the past, but it is now on the way to other uses.
Councilor Mitchell said he would like a budget discussion at the next meeting. He is still
concerned about money. The rest of the Councilors concurred. Mayor Jenson asked for more direction
for Finance Director Knapp. Councilor Mitchell said he would like red flags addressed on how they can
get through to the end of the year based on the discussion he had with Finance Director Knapp_ He
would like the Council to understand where the City is going to be financially by the end of the year so
they can make adjustments if they need to. Councilor Mitchell said he talked to Manager Stearns about
having a Budget Committee with a couple of Councilors and an accountant. Manager Steams suggested
they could tie this into the Impact Fee and Resort Tax Committees.
Councilor Mitchell said regarding the new attorney they talked about what they will expect from
Attorney Phelps before he leaves. He asked about an indemnification or non-compete clause. Attorney
Phelps said he was willing to talk. He said some Councilors are concerned that he would sue the City
about something and he would be happy to discuss that. He said when they are further along in the
hiring process some of these things will come together more easily. Mayor Jenson said he would work
6
March 15,2010
on that. Attorney Phelps said they may hire someone who starts right out, ready to go and they wouldn't
need him for consulting, or they might have someone who needs more help. Mayor Jenson said he was
willing to keep Attorney Phelps as a consultant for his institutional memory.
Councilor Mitchell asked about the sign amendment changes for the Spoonover's issue.
Attorney Phelps said he and Director Taylor were going to get together to talk about some options.
Councilor Kahle said he has been contacted by a business owner in town with some urgency over his
new signage. He is looking for an up or down vote on his sign. He asked and Director Taylor said the
person will have to apply for a variance to the Sign Code. It is Don K and he has a new corporate sign
he wants to light.
Councilor Kahle said they will begin meetings with Commissioner Dupont and they want to
open those meetings to the public. Attorney Phelps said State Law is pretty vague on how to get the
notices out. They can email the newspapers, put up signs in City Hall and the County Courthouse.
Ideally, they get on a set schedule so the public gets aware of it.
Councilor Muhlfeld thanked the Watershed Council and Stoltze for being here tonight. He said
the issue of the City intakes is important and has an affect on the City's ability to manage flow
efficiently and also effects downstream entities. He encouraged the City to research funding
mechanisms for those diversions. He said there is a Renewal Resource Grant Program with the DNRC.
He said there is a project planning grant. He thought they need to pursue this.
Councilor Askew also encouraged them to apply for these grants. He's heard about these
concerns from Ron Buentemeir" for years. Councilor Askew said he would like to work out an -23-
agreement with Councilor Phelps soon. He said they got an email about the Light and Sign Ordinance
and how it took in a lot of public comment through the process. He reminded people that there were a
couple of people who got together and decided what the City was going to do. He thought they were
going to allow internally illuminated signs, but it was diverted from the process. He said internally
illuminated signs are not all bad. Councilor Hyatt thanked everyone who helped out with the Winter
Classic. He said he is excited to look at the Haskill Basin Watershed and thanked Chris Ruffatto for the
presentation.
Councilor Hyatt said he would like the Sign Ordinance to come as an agenda item on the next
Council meeting. He said it was passed in 2004 and should be reviewed. Councilors Askew and
Mitchell agreed that they should take it on. Mayor Jenson said if they are going to open the Sign
Ordinance then they need to open the whole process for public input. He said he didn't want to become
reactionary to one single individual. He said they would need to direct the Planning Office on where to
start. Councilor Hyatt said he is looking for community input. Manager Steams said it is fine to want to
initiate some of those things, but the Planning Department does have to respond to current applications
in a timely manner. He said there are only five people left in the Planning Department due to budget
cuts. They are already handling three major topics. He said the Sign Code is not a small topic.
Councilor Hyatt asked and Mayor Jenson said it took close to six years to get the last one passed.
Councilor Hyatt said he thought they should start the process. Councilor Muhlfeld suggested they
postpone that request until they have a Goal Setting Session and can give staff specific feedback.
Mayor Jenson said the road markings on the north side of the Baker Avenue and Second Street
intersection need to be re-painted. He complimented Director Taylor on his letters regarding the signs
Issue. He agreed and thinks they need to wait for the goal setting session.
7
March 15, 2010
Attorney Phelps asked for clarification on the Medical Marijuana urgency ordinance. He
recommended they just remove the deadline first, because they only get two extensions. Manager
Stearns said he wasn't sure if the Council wanted to deal with the home occupations zoning for those
who can grow plants for three patients. Councilor Kahle agreed. He thinks they need to be cautious.
He would like to see a re-draft including the home occupation. Attorney Phelps said he would delete the
deadline for the Planning Board and the exemption for caregivers with three patients. Councilor Askew
agreed that they should be eliminated. Councilor Hyatt asked about Mayor Jenson's concerns about a 4-
way stop on Central Avenue and Third Street. Manager Stearns said Director Wilson talked to Peccia
and Associates and basically there are no traffic warrants that would prevent it. Then, that would leave
it up to local decision. He said he thought Director Wilson was willing to try it to see if it worked.
10. ADJOURNMENT (Resolution 08-10 establishes 11:00 p.m. as end of meeting unless extended to 11:30 by majority vote)
Mayor Jenson adjourned the meeting at 8:37 p.m.
Mayor Jenson
-24-
Jane Latus Emmert, Recording Secretary
Attest:
Necile Lorang, City Clerk
8
1005 C Baker Avenue • Whitefish, MT 59937 • (406) 863-2410 • Fax: (406) 863-2409
March 30, 2010
Mayor and City Council

City of Whitefish
PO Box 158
Whitefish, MT 59937
Re: Extension for McKaul preliminary plat (WPP-07-23)
Honorable Mayor and Council:
This office is in receipt of a letter from Jennifer Byers requesting an extension of

the McKaul preliminary plat. The McKaul preliminary plat contains 2 residential
lots on 0.3 acres located at 244 Minnesota Avenue. Attached to this report are
the conditions of approval and a preliminary plat map.
The preliminary plat was approved by the Whitefish City Council on April 16,
2007 and will expire on April 16, 2010. The developer is requesting a 12-month -25-
extension to April 16, 2011, as provided for in Section 12-3-8(B) of the Whitefish
Subdivision Regulations.
Staff recommends Council approve this request.
Sincerely,
~=:~~
Senior Planner
Att: Extension Letter dated March 28, 2010

Conditions of approval, April 16,2007
Preliminary plat map, dated January 28,2007
c/w/att: Necile Lorang, City Clerk
c/wo/att: Jennifer Byers, 1401 Van Buren Blvd Missouia, MT 59802

Re: McKaul (WSR 07-23)
1 of 3
Attachment A
McKaul
WPP-06·61
Whitefish City Council Conditions of Approval
April 16, 2001
1. The development of the subdivision shall be in substantial conformance with

the approved preliminary plat and all applicable requirements of the Whitefish
City Code.
2. Prior to any construction, excavation, grading or other terrain disturbance,

plans for all on and off site infrastructure shall be submitted to and approved
by the Whitefish Public Works Department. The improvements (water, sewer,
roads, street lights, trails, sidewalks, driveways, etc.) within the development
shall be designed and constructed by a licensed engineer and in accordance
with the City of Whitefish's design and construction standards. The Public
Works Director shall approve the design prior to construction. Plans for
grading, drainage, utilities, streets, sidewalks and other improvements shall
be submitted as a package and reviewed concurrently. No individual
improvement designs shall be accepted by Public Works.
3. The Whitefish Fire Marshal shall approve fire access and any new residences
-26- shall be required to be sprinkled, if gdequate fire access cannot be met. An
approval letter from the Fire Marshal shall be required with the final plat
application.
4. A building pad of 40' by 40' with a slope of less than 30% shall be shown on
the final plat map for Lot 1 along with a driveway of less than 10% accessing
the building pad. Any future home and driveway construction shall take place
in the location identified on the plat. If the Fire Department needs to utilize
the driveway to suppress a fire, the driveway cannot exceed 9% grade. Any
slopes in excess of 25% shall require the submittal of a geotechnical report
prior to final plat.
5. Identify a" protected trees 4 inch DBH and greater outside the building
footprint and driveways. Barricade to a minimum distance of the dripline to
insure proper root protection during construction. Contact the Whitefish
Planning Department for an inspection of the barricade prior to the start of
any grading on-site.
6. The following notes shall be placed on the face of the plat:

a. House numbers be posted on the house in a clearly visible location.
b. All new residences on Lot 1 and 2 shall be sprinkled, if adequate fire
access cannot be met.

2 of 3
c. Garbage shall be stored in a secure location until the day of pick up or in a
bear proof container.
7. Prior to any ground disturbing activities, a plan shall be submitted to the Public
Works and Planning/Building Department for review and approval. The plan
shall include, but may not necessarily be limited to, the following:
• Dust abatement and control of fugitive dust
• Hours of construction activity
• Noise abatement
• Control of erosion and siltation
• Routing for heavy equipment, hauling, and employees
• Measures to prevent soil and construction debris from being tracked onto
public roadways, including procedures remove soil and construction debris
from roadways as necessary.
• Detours of vehicular, pedestrian, and bicycle traffic as necessary
• Notation of any street closures or need to work in public right-of-way
8. All areas disturbed because of road and utility construction shall be re-seeded
as soon as practical to inhibit erosion and spread of noxious weeds. (WCC
Chapter 4.3)
9. A mail facility shall be provided by the developer and approved by the local
post office. -27-
'"
1O. A" utilities shall be placed underground.
11 . A fee in lieu of sidewalk shall be paid prior to final plat. This fee shall be
based on an estimate from the Public Works Director.
12.A street tree plan shall be submitted to the Director of Parks and Recreation
for review and approval for the Minnesota Avenue frontage.
13. The preliminary plat is valid for a period of three years from the date of
approval. (WCC Section 12-3-3-1)

3 of 3
.~ - .~ - ! .) ", '1
,.' I i ·
.•
-28-
RESOLUTION NO.1 0-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WHITEFISH, MONTANA,

EXTENDING THE TIME FOR THE WB-2 ZONING DISTRICT AD HOC COMMITTEE
TO SUBMIT A WRITTEN REPORT TO THE WHITEFISH CITY-COUNTY PLANNING
BOARD.
WHEREAS, pursuant to Resolution No. 09-45, adopted by the Whitefish City
Council on December 7, 2009, the WB-2 Zoning District Ad Hoc Committee (the "WB-2
Committee") was created; and
WHEREAS, Section 4 of Resolution No. 09-45 required that the
WB-2 Committee formulate and submit to the Whitefish City-County Planning Board, no
later than April 1,2010, a written report containing all proposed text amendments to the
existing WB-2 Zoning District; and
WHEREAS, although the Committee has diligently pursued its charge, it has
determined that an additional ninety (90) days will be necessary in order for it to
complete a written report for submittal to the Whitefish City-County Planning Board;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Whitefish, Montana, as follows:
Section 1: Section 4 of Resolution No. 09-45 is hereby amended to provide as
follows (deletions shown with strikethrough and additions shown in bold):
-30-
Section 4: The WB-2 Committee shall begin its deliberations as
soon as practical after creation of the Committee. The Committee shall
formulate and submit to the City-County Planning Board, no later than
April 1, 2010, June 30, 2010, a written report which shall include all
proposed text amendments to existing WB-2 Zoning District. The
Committee shall be disbanded as of June 30, 2010.
Section 2: Except as modified herein, all other provisions of Resolution
No. 09-45 shall remain as is.
Section 3: This Resolution shall take effect immediately upon its adoption by the
City Council, and signing by the Mayor thereof.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
WHITEFISH, MONTANA, ON THIS DAY OF ,20010.
MICHAEL JENSON, MAYOR

ATTEST:

WHITEFISH LAKESHORE PROTECTION COMMITTEE
MINUTES OF MARCH 10,2010
The meeting was called to order at 7:00pm by Acting Chairman Herb Peschel.
MEMBERS PRESENT:
X Ron Hauf, Sharon Morrison, Herb Peschel, Scott Ringer, Jim Stack (via 'conference call)
and Ken Stein. Dave Taylor, Whitefish Planning Office Director, was also present.
MEMBERS ABSENT:
X Marcia Sheffels (excused); Helen Cates
ADDITIONS/CORRECTIONS to TONIGHT'S AGENDA:

X Permit templates
X Meeting time
GENERAL PUBLIC COMMENT:

<none>
ADOPTION of MINUTES from LAST MEETING:

X Minutes of December 9, 2009 were reviewed and accepted as submitted with correction
that Sharon Morrison was an excused absence. (Note that no meetings were held in 'Y31-
January or February).
WLP-I0-W03 - Foley - Minor Variance - Deck & step replacement

[Present: Nikki Bond, consultant]
Discussion:
Dave Taylor reviewed the permit application and Staff Report for the committee. In order to
replace the steps of the deck at this property, a variance is required on the entire deck as all of it
is within the lakeshore protection zone. It meets all 3 criteria for a minor variance as the deck
(which is currently a safety hazard) cannot be placed elsewhere on the property without removal
and reconstruction of entire house due to riparian setbacks.
Motion:
• Ron Hauf moved to accept Application #WLP-l 0-W03 as submitted, subject to the
conditions detailed in the Planner's staff report, and with the modification ofthe
following condition (underlined):
Delete Condition #7
X Ken Stein seconded. No further discussion. All in favor and motion carried.
WLP-I0-WOl- Walton - Gravel Path

[Present: Duane Schultz, Nick Fullerton Architects -- Applicant]
Discussion:
Dave Taylor reviewed the application and Staff Report for the committee. It was noted that the
vague descriptions of the proposed project were of concern. In addition, the use of 18-24" logs
as sides of the pathway have not been permitted in the past. Duane Schultz (representing
March 17,2010
-1-
Fullerton Architects) indicated he would be willing to make adjustments to the design, and Ken
Stein expressed appreciation for the applicant's flexibility. Ken also noted that he still took issue
with the use oflogs, as they channel runoff water and create additional erosion.
Jim Stack reiterated portions of the Staff Report to the applicant, specifically clarifying that the
slope of rip rap as allowed in the regulations must be 2:1 (2' horizontal: 1'vertical), and that the
stone shall not be Chief Cliff or angular in shape. Other members commented that any materials
within the LPZ are to be untreated, and that removal of dead vegetation, excluding deadwood
which is already lying on the ground, shall not be commenced until after May 1st.
Motion:
• Sharon Morrison moved to grant preliminary approval of Application #WLP-l 0-W01 as
submitted, subject to the conditions detailed in the Staff Report and with the addition of
the following condition (underlined):
o Add Condition: Permit approval is subject to a final plan being submitted and
approved by the Planning Office prior to the commencement of any construction.
X Ken Stein seconded. No further discussion. All in favor and motion carried.
WLP-I0-W02 (re: WLP-06-W83) - Mobley - Violation Resolution -- Riprap

[Present: Sean Frampton, Legal Representative]
<Let minutes note that Sharon Morrison reclused herself from discussion and vote on this
-32- permit.>
Discussion:
This application is the mitigated settlement of an existing permit violation where rirap was
approved, but a vertical wall was constructed. Dave Taylor reviewed the application and
historical background for the committee. The conditions of approval for the settlement were
agreed upon onsite with all involved parties, attorneys, Planning Office and WLPC present; it
was noted that any changes to the conditions ofthis Staff Report could affect or negate the
agreed-upon settlement.
Committee discussion included clarification of the type of stone size and shape to be used. Part
of the violation arose from the use of Chief Cliff stone which is not allowed for riprap, but was
accidentally approved by a new member of the Planning Office at the time. As part of this
mitigated settlement, it was agreed that the shape and source of any new stone should be similar
to that which currently exists in the base course. It was noted that the nominal size shall be 6-
12", with maximum 18".
Motion:
• Ken Stein moved to accept Application #WLP-l 0-W02 as submitted, subject to the
conditions detailed in the Planner's staff report, and with the deletion of the following
condition (underlined):
Delete Condition #3
X Ron Hauf seconded. No further discussion. All in favor and motion carried.
March 17,2010
-2-
NEW BUSINESS:
Jim Stack -- The City cutbacks and layoffs came so suddenly that Nikki Bond (former Planner)
did not have adequate time to wrap up and hand off her responsibilities pertaining to lakeshore
permit processing before being laid off. Jim personally hired Nikki as an independent contractor
to draft Staff Report templates for the 19 most common lakeshore permit application requests.
This is important to ensure consistency and accuracy in permit processing, rather than digging
back through past records to find similar permits. The project required about 6 hours of Nikki's
time, and Jim thanked the Planning Director for allowing Nikki access for completing the
project. The permit templates will be sent out to WLPC members for review, and then provided
to the Planning Office for use on future permits.
Meeting Time -- Herb Peschel requested that the WLPC meeting time be changed to 6:00pm.
Members present and the Planning Director were in agreement, and meetings shall commence at
6:00pm effective immediately.
ADJOURNMENT
Meeting was adjourned at 7:40pm
NEXT MEETING
-33-
**** NOTE NEW TIME at 6:00pm ****
April 14, 2010 * 6:00pm
WF Planning & Building * 100SC Baker Ave * Conference Room
March 17,2010
-3-
~34-
WALTON
WHITEFISH LAKE LAKESHORE PERMIT
STAFF REPORT #WLP-10-W01
April 5, 2010
Owner: Bill and Dori Walton

Mailing Address: c/o Rockpoint Group
One Independent Drive, Suite 1600
Jacksonville, FL 32202
Telephone Number: n/a
Applicant: Nick Fullerton/ Fullerton Architects
Mailing Address: 410 First Avenue East
Kalispell, MT 59901
Telephone Number: 406.257.4901
Contractor: n/a
Mailing Address: n/a
Property Legal Description: 7AAC, Lots 30,31,32, Section 23, Township
31N, Range 22W
Property Address: 2162 Houston Drive
Lake: Whitefish Lake
Lake Frontage: '¥ 209 feet -35-
Project Description: Construct gravel/log access path down to lake,
remove dead vegetative material
Discussion:
Proposal: The applicant is requesting the installation of a 4' wide path through the
10' lakeshore setback and approximately 9' into the 20' lakeshore protection zone.
The applicant proposed a path consisting of %" fractured gravel, and intermittent
log or timber steps. They agreed to remove the 18" to 24" x 16' logs on the sides of
the path· from the proposal and will replace those with rip-rap, with a final
construction plan to be approved by staff prior to construction. All work is proposed
to be done by hand.
Frontage and allowable constructed area: The property has 209 feet of lake frontage
and is eligible for 1,672 square feet of constructed area.
Existing Constructed Area: The property is just being developed and currently has
no constructed area in the Lakeshore zone.
Discussion: In discussion with the Lakeshore Chairman, historically logs or timbers

have not been allowed to flank paths in the Lakeshore Protection Zone, so that part
of the proposal raised some concern. The code states the following:
WLP-l 0-0 1 Walton

Page 1
13-3-1-8. Excavation or Filling of Materials:
1. The lake bed or lakeshore should be preserved in its natural condition to the greatest extent
possible, in order to protect water quality, aquatic wildlife habitat, and the aesthetic value of
the natural shoreline.
13-3-1-C. Erosion, Sedimentation and Storm Runoff:
1. The natural protective armament of the lake bed and lakeshore shall be preserved wherever
possible. Any construction activity which will affect the lakeshore protection zone shall incorporate
all necessary means to prevent pollution of the lake, including erosion, sediment and storm runoff
controls.
The disturbance and excavating necessary to place 18-24" logs along the pathway
could negatively impact the lakeshore protection zone and channel water runoff in a
manner which increases erosion and possible sedimentation. In addition, the
regulations state that revegetation and rip rap are the preferred methods of erosion
control. Half-buried logs will quickly rot out and require replacement, with
subsequent excavation and disturbance.
In addition, 13-3-1-W. Stairways, Walkways and Pathways, states:

-36-
1. Stairways, walkways, and pathways shall have a maximum width of four feet (4,), and
be designed and constructed in a manner which provides the most direct access to the
lake with minimum environmental and visual impact.
Placing 2-foot diameter logs along a pathway is not minimum environmental or

visual impact. While the code allows timbers or logs to be used as steps, it does not
mention their use for path flanking. Historically, no permits have been processed or
approved allowing the placement of logs or timbers for pathways except as steps.
Conclusion: The proposed work complies with Sections 13-3-1 and 13-3-2, Design
and Construction Standards of the Whitefish Lake and Lakeshore Protection
Regulations, with the exception of the proposed logs to be used on the sides of the
path, which the committee discussed and addressed in this report under Condition
#8. The applicant will provide a final work plan to staff that shows rip rap along the
path instead of the proposed logs.
Discussion and Committee Recommendation: The Whitefish Lake and Lakeshore

Committee considered this permit request at their meeting of March 10, 2010, and
found that the proposed work complies with Section 13-5, Construction Standards
of the Whitefish Lake and Lakeshore Regulations, subject to the following
conditions:
WLP-lO-Ol Walton
Page 2
Recommended Conditions of Approval:
1. The Lakeshore Protection Zone shall be defined as the lake, lake bed, and all
land within 20 horizontal feet of the perimeter of the lake and adjacent wetlands
when the lake is that the mean annual high water elevation of 3,000.79' (NAVD
1988).
2. Prior to the start of any construction activity, an effective siltation barrier shall
be installed at the lakeshore protection zone boundary. The barrier shall be
designed and constructed to prevent silt and other debris from the construction
site entering the lakeshore protection zone, and shall be maintained until such
a time as permanent erosion control and site stabilization are established on
the property.
3. Preliminary approval of the permit by the WLPC and City Council is subject to
final approval of a detailed Project Plan by the Planning Office. This Project
Plan must be submitted and approved in writing by the Planning Office prior to
commencing any work, and shall include:
III 8xl0 photos showing any and all dead material to be removed circled in
the photo. -37-
III A staked location of the proposed 4' pathway to be shown in the photos.
411 A list and quantity of any material to be added into or removed from the
Lakeshore Protection Zone, including the quantity and type of gravel
411 After approval, the Project Plan, photos and material list must be
provided to the contractor prior to commencing any work.
Gravel Path
4. The proposed dimensions specified on the application project drawing shall not
be exceeded. Changes or modifications to increase any dimension or change
the materials or construction methods described in the application must be
approved through permit amendment.
5. All work shall be done when the lake is at low pool and the construction site is
dry.
6. The area disturbed by construction shall be restored to the condition prior to

construction. New plants shall be native to the Flathead Valley or cultivars
whose form, color, texture, and character approximates that of natives. A
resource file on native plants is available at the City of Whitefish Planning
Department. Application of fertilizer is permitted only in minimal amounts to
WLP-l 0-0 1 Walton

Page 3
establish new plantings.
7. The pathway shall be constructed by pulling fill from the high side of the path
and moving it to the low side to create the level area before the addition of
gravel.
8. The use of logs or timbers, except as steps (maximum 4' wide) in the pathway,
is prohibited due to the potential for additional lakeshore excavation and
disturbance, and rip rap should be used instead.
9. The gravel path shall be located as shown on the application project drawing.
10. Any erosion on the high side of the path shall be prevented by sloping the grade
and planting vegetation. If rip rap is requested, then a detailed project plan
showing height, length, and cross-section shall be provided with the Final
Project Plan.
11. If the slope is too steep to construct the path with the above methods, then a
direct access stairway (straight down the slope) shall be used. A detailed
drawing of any stairway shall be included in the Final Project Plan.
12. All cutting of log or timber wooden steps shall be done outside the lakeshore
protection zone. Upon completion, the parts may be brought to the lakeshore
-38-
area and assembled.
13. Any wood used in construction shall be untreated and left in its natural state.
14. The path shall have a maximum width of four feet (4') and shall be designed to
provide access only.
Vegetation Removal
15. Only trees 3" or less in diameter as measured 8" above the ground may be
removed without a lakeshore permit.
16. Dead trees above 3" in diameter as measured 8" above the ground may be
removed only after written approval of the Final Project Plan.
17. Removal of dead vegetation shall be performed in such a way that it does not
detrimentally impact remaining healthy vegetation, the lakeshore protection
zone, or water quality. All of the debris shall be immediately removed from the
lakeshore protection zone.
18. Trees and/ or pieces of trees/limbs shall not be allowed to fall into or come into
contact with the lake during removal.
WLP-lO-O 1 Walton
Page 4
19. Trees shall be removed in sections/pieces so as not to disrupt the lakeshore
zone.
20. Trees shall be cut at ground level and the roots shall be left intact.
Additional Conditions
21. Temporary storage of construction materials, debris, or equipment within the

lakeshore protection zone is prohibited.
22. All work done in the lakeshore protection zone shall be performed with hand
tools. Any use of mechanical equipment will require an amended permit.
23. This permit shall be valid for one year from the date of issuance. Upon
completion of the work, please contact the Planning Department for an
inspection.
-3$J-
WLP-lO-Ol Walton
Page 5
-40-
WALTON
MARCH 10, 2010
Owner: Bill and Dori Walton

Mailing Address: c/o Rockpoint Group
One Independent Drive, Suite 1600
Jacksonville, FL 32202
Applicant: Nick Fullerton/Fullerton Architects
Mailing Address: 410 First Avenue East
Kalispell, MT 59901
Telephone Number: 406.257.4901
Contractor: n/a
Mailing Address: n/a
Property Legal Description: 7AAC, Lots 30,31,32, Section 23, Township
31N, Range 22W
Property Address: 2162 Houston Drive
Lake Frontage: 209 feet -41-
Project Description: Construct gravel/log access path down to lake,
remove dead vegetative material
Discussion:
Proposal: The applicant is requesting the installation of a 4' wide path through the
10' lakeshore setback and approximately 9' into the 20' lakeshore protection zone.
The applicant proposed a path consisting of %" fractured gravel, framed by 18" to
24" x 16' logs on the sides, and intermittent log or timber steps. All work is
proposed to be done by hand.
Frontage and allowable constructed area: The property has 209 feet of lake frontage
and is eligible for 1,672 square feet of constructed area.
Existing Constructed Area: The property is just being developed and currently has
no constructed area in the Lakeshore zone.
Discussion: In discussion with the Lakeshore Chairman, historically logs or timbers

have not been allowed to flank paths in the Lakeshore Protection Zone, so that part
of the proposal raises some concern. The code states the following:
WLP-l 0-0 1 Walton

Page 1
13-3-1-8. Excavation or Filling of Materials:
1. The lake bed or lakeshore should be preserved in its natural condition to the greatest extent
possible, in order to protect water quality, aquatic wildlife habitat, and the aesthetic value of
the natural shoreline.
13-3-1-C. Erosion, Sedimentation and Storm Runoff:
1. The natural protective armament of the lake bed and lakeshore shall be preserved wherever
possible. Any construction activity which will affect the lakeshore protection zone shall incorporate
all necessary means to prevent pollution of the lake, including erosion, sediment and storm runoff
controls.
The disturbance and excavating necessary to place 18-24" logs along the pathway
could negatively impact the lakeshore protection zone and channel water runoff in a
manner which increases erosion and possible sedimentation. In addition, the
regulations state that revegetation and riprap are the preferred methods of erosion
control. Half-buried logs will quickly rot out and require replacement, with
subsequent excavation and disturbance.
In addition, 13-3-1-W. Stairways, Walkways and Pathways, states:
1. Stairways, walkways, and pathways shall have a maximum width of four feet (4J, and
be designed and constructed in a manner which provides the most direct access to the
-42- lake with minimum environmental and visual impact.
Placing 2-foot diameter logs along a pathway is not minimum environmental or

visual impact. While the code allows timbers or logs to be used as steps, it does not
mention their use for path flanking. Historically, no permits have been processed or
approved allowing the placement of logs or timbers for pathways except as steps.
Conclusion: The proposed work complies with Sections 13-3-1 and 13-3-2, Design
and Construction Standards of the Whitefish Lake and Lakeshore Protection
Regulations, with the exception of the proposed logs to be used on the sides of the
path, which the committee should discuss, addressed in this report under Condition
#8.
Recommendation: The Whitefish Planning Department staff recommends the

Whitefish Lakeshore Protection Committee recommend approval of the requested
lakeshore construction permit to the Whitefish City Council subject to the following
conditions:
1. The Lakeshore Protection Zone shall be defined as the lake, lake bed, and all
land within 20 horizontal feet of the perimeter of the lake and adjacent wetlands
WLP-lO-Ol Walton
Page 2
when the lake is that the mean annual high water elevation of 3,000.79' (NAVD
1988).
2. Prior to the start of any construction activity, an effective siltation barrier shall
be installed at the lakeshore protection zone boundary. The barrier shall be
designed and constructed to prevent silt and other debris from the construction
site entering the lakeshore protection zone, and shall be maintained until such
a time as permanent erosion control and site stabilization are established on
the property.
3. Preliminary approval of the permit by the WLPC and City Council is subject to
final approval of a detailed Project Plan by the Planning Office and the Whitefish
Lakeshore Protection Committee. This Project Plan must be submitted and
approved in writing by the Planning Office prior to commencing any work, and
shall include:
• 8x10 photos showing any and all dead material to be removed circled in
the photo.
• A staked location of the proposed 4' pathway to be shown in the photos.
• A list and quantity of any material to be added into or removed from the
Lakeshore Protection Zone, including the quantity and type of gravel
• After approval, the Project Plan, photos and material list must be
provided to the contractor prior to commencing any work.
Gravel Path -43-
4. The proposed dimensions specified on the application project drawing shall not
be exceeded. Changes or modifications to increase any dimension or change
the materials or construction methods described in the application must be
approved through permit amendment.
5. All work shall be done when the lake is at low pool and the construction site is
dry.
6. The area disturbed by construction shall be restored to the condition prior to

construction. New plants shall be native to the Flathead Valley or cultivars
whose form, color, texture, and character approximates that of natives. A
resource file on native plants is available at the City of Whitefish Planning
Department. Application of fertilizer is permitted only in minimal amounts to
establish new plantings.
7. The pathway shall be constructed by pulling fill from the high side of the path
and moving it to the low side to create the level area before the addition of
gravel.
8. The use of logs or timbers, except as steps (maximum 4' wide) in the pathway,
WLP-IO-Ol Walton
Page 3
is prohibited due to the potential for additional lakeshore excavation and
disturbance.
9. The gravel path shall be located as shown on the application project drawing.
10. Any erosion on the high side of the path shall be prevented by sloping the grade
and planting vegetation. If riprap is requested, then a detailed project plan
showing height, length, and cross-section shall be provided with the Final
Project Plan.
11. If the slope is too steep to construct the path with the above methods, then a
direct access stairway (straight down the slope) shall be used. A detailed
drawing of any stairway shall be included in the Final Project Plan.
12. All cutting of log or timber wooden steps shall be done outside the lakeshore
protection zone. Upon completion, the parts may be brought to the lakeshore
area and assembled.
13. Any wood used in construction shall be untreated and left in its natural state.
14. The path shall have a maximum width of four feet (4') and shall be designed to
provide access only.
-44-
Vegetation Removal
15. Only trees 3" or less in diameter as measured 8" above the ground may be
removed without a lakeshore permit.
16. Dead trees above 3" in diameter as measured 8" above the ground may be
removed only after written approval of the Final Project Plan.
17. Removal of dead vegetation shall be performed in such a way that it does not
detrimentally impact remaining healthy vegetation, the lakeshore protection
zone, or water quality. All of the debris shall be immediately removed from the
lakeshore protection zone.
18. Trees and/ or pieces of trees/limbs shall not be allowed to fall into or corne into
contact with the lake during removal.
19. Trees shall be removed in sections/pieces so as not to disrupt the lakeshore

zone.
20. Trees shall be cut at ground level and the roots shall be left intact.
WLP-lO-Ol Walton
Page 4
Additiona.l Conditions

22. All work done in the lakeshore protection zone shall be performed with hand
tools. Any use of mechanical equipment will require an amended permit.
completion of the work, please contact the Planning Department for an
inspection.
-45-
WLP-lO-O 1 Walton
Page 5
-46-
nfa
fullerton
architect5, pc
~ I ~'l '
February 11, 20',0
Dave:
and Depart111ent
1005 C Baker I'wenue
Whitefigr, MT 59937
rzE; Lak(~shore Cons~rUGtiorl Perrnl:-

Whitefish Lake
Attached is our requesT, for a pe,-mit '[.0 cons];ruct a and cle.a~Jremove oead n1aterta!~ within
20' zone on Whitefish Lake.
With the application, we have included all of 'the required drawir.gs and
be wugh to see due to tr,e time of year that t.hey were taken,
-47-
Our ::hought is that. once t,he permit. is issued and all of t,ne snow is gone, that flrior to any work being
star-ced, we can walk t.he proMction zone area with you and verify both our path layout and what dead
materia! we can rernove.
If you have any quest.ions, please give me a cail at any time,
n\~ -
Hick Fullerton, Aih
Cell: 406-261-1405
• •
WHITEFISH!, BLANCHARD & LOST COON LAKE
Lakeshore Construction Permit Application
A permi[ is required for any work, construct.ion) demolition, clock! shore station! buoy
installation, and landscaping or shoreline modification in the lake and lakeshore protection
zone - an area extending 20 horizontal feet landward from mean high water of 3,000.79'
msl (NAVD 1988) for Whitefish Lake, :3,144.80' msl (NAVAD 198.8) for Blanchard Lake and
3,104' msl (NAVD 1988) for Lost Coon Lake. Please fill in all information, sign and pay the
appropriate fees. In order to be on the next Lakeshore Protection Committee Meeting
agenda the completed application must be submitted a minimum of 2 weeks prior t.o the
next regularly scheduled meeting and all required information must be provided in order to
be deemed complete and scheduled for the next meeting date. The Committee meets on the
second WecLresday of every month. An incomplete application will not be ac<:epted.
Submit Application To:

Whitefish Planning and Building Department
1005 C Baker Avenue
WhitefishMT 59937
Phone (406) 863-2410 Fax (406) 863-2409
OWNER APPLICANT (If Other Than Owner)

~ \L.t... f Va:>l1=-\ H\v\'=- ~1-\.t..L.Ff!rC'~
Name \N k"L-r(!)N . Phone NameftJL-L~J"~_.M:'Cft~hone4~ '251~E!
-48- Mail ~ct.\:.PClI~T 6d:~ttiF'
Address 6W~ 1l-1\.)t;"ge~'bE~T 1)f(;\\J;;! \ Su n:.t Hooo Mail Address 4=\0 f" !~'S\
A\Jt;'AU1S i:ff9l,
City, City
£!~te, Zip j*"c.~§Q~\j\l"L' \ ~L... ?2.1..02. St~t~, Zip UlDPt=LL, Mr· 13qq<'1
PrQject address (if other than above):
How many feet of the lake Legal Dcst:ription tavailable from annual properry tro? notice)
frontage do you own? Lot/TractH:1A.Atc.. Section; Tuwnship P.ange;
Z oct L. f-(, S~~i~i!fJ~IN;;(C; '1..~ ~tN '2-7-W
t\en.\'STo~ \..~es'\\oeG ""\"V!;c.,.,;;.
CONTRACTOR: v~~tJ.tJUJU ~T Tit\S 1\~ PHONE#: :tOt;, . -Z SI· 4'1ClI

Col>.\. t1'C T! N tc.-~ Ft7tA£~TC'~
Moil Address: fllL.lEi?TOM ~~ttn'£CTS ..
FEES:
I$75 ---~~-,,-. "'_ •.."" ••••~-."'~,',.'j.""
" p\dmimstrative Permit lr:;-commIn€e -meetll1g)" -
IAd",imsl",tive Pennit 1":L5"''.'~'i!l~mc~ti''"
Standard Permit
, $25S~~_
$350 base fee i 1 activlty)
(Actitlity is defined as a separate component or I $140 each additional activity

"*.. ----'---"'-,
.1
project that by itself would require a permit) ,
tVa dance . Mi':or~·~·~''''

Lvanance - MaJor
I "Aftcr-the-F,f!~r,!,-e"Ln:1..jt",,_,
1, 'N~ture of the Proposed-W;~k'(de;~be when you propose to build,'demollsh, or ir~:~t~. Gwe
dimensions. material and list heavy equipment, if any to b(~ used),
14 L~Sii'9t "\ ~ ""ue~ \,M\1- 1>()\jJ~ '\0 ,i:\e' U\~ \ f?CJW\ (tv\<
C\,l,?~~\ ~·H'\OOS:e. (<\ :fuTtJ~ \lt~\J.J. t\i!use)
:Q ~~ON)st? -10 kSO Cl£;M N-L l!l F ~ \)e'1\.\) \k'\~"W~l-M- -k=, Wt"L-l" -
\.1 Au... ~F \t\~S ti?O~'" W\Ll r.,e- lS'f !;\+.}J,\)- ~O ~&V$)\N\.€:1t\\ V\S\;E'b.
2 ""='Describe any E~;i;'~enta1 [mp~ct~~g: 'Impacts on ~~t(.:;=q~;iity or ri;;h ~"1d Vv'ildlife

habitat, increased sedimentation, etc.). E'x'Plain what measures will be taken to alleviate
th~se ~~P~~~;'~T~ tZl~ IJJ~ tV~U.it( I 'fIS'\\- Il!)t: IJ)IL'$l\.fE ~+t~ITkT f tlf:
\t-\L~eb S~P\W\E='Jt\~'TtD~ ~"pc..\~.
it 09E' Cl!J"lO /WClt9l\) \~ST-h(L $E"\)\Yi\I':?'(\T U9t\I"~S-I:f jt\-d~6:~r
= = =.. y~~t - t-.e.o'''\\\)'' __ ~~d ~~ ,,~m __
Describe eyjsting improvements on the property within the lakeshore protection zon~' alo;~g
with the square footage of each such as an existing dock, st.airs, deck Or patio and when they
Wen' constructed, if known, or the permit number.
14 "fJ./A--
~ LOe: UJ\LL ~t "Pt!lt /\ P(!jC\l "t?~Ut\\\ 1 "'' ' :> -1\ '5E~~\E' ~~\T ~ .
kt· A rV~~ '>~i'b' ..... '
3~"~Tti~ari:mce is 'r~q;;~~d addl'tiorl'ta'thisp~;;it, spe~if};th~'~e~sC;ns or conditio~s which

ill
require or warrant the variance: on a separate variance form. An additional fee is required for
a variance request. What is the: variance proposal?
-4 't-\ I~- -49-
Is VICINITY MAP attached?

Is SITE PLAN attached'~.~.~_,
Is PROJECT DRAWING attached? v
Arc at least 3 PHOTOS of work site attached? v
1 photo of property from lake, 2 photos sh.owing lakeshore protection zone from
pruperty boundary towards other property boundary, i.e" from north. property line
across 1.0 south property lme, alld pI/mas of each e.\.1sting structure or constructed
area with.in th.e lakesrwre protection zone {dock, boat n...0use. stairs, erc}
1 state that statements herein and rhe attached hereto an: a

true ?gd complete stat~ment of 8J] proposcciv./.m::k atld its eff~ct:; (or prab~tlJ~e effects) OIl tJIt! ._
lake an.d lakeshore and that 1 have answered all questilms in the application. The signin.g of
thif.i apPliCatiOr~.' ifies approval for City Planning staff to be present on Lhe property [or
routine monitopIlg~l ' :nsp etion during the approval and development process.
I ~J .
. '. .' ., . _. .,. _~,___..~ I:t:~\5 ,2C2fO
Owner::> 19nature (May he signed by npplk.aul bUl aulhmb.->tiioll leu"l from owner must be attacht'<i.j Date:
Print Name
All work will be inspected for conformity wi.th permit. The permit is valid for onc year from
date of approval. The permit can be renewed by the governing body upon request.
Fullerton Architects PC
From: Bill Walton [whw@rockpointgroup.comj
Sent: Thursday. February 11,2010 5:34 AM
To: Fullerton Architects PC
Subject: RE: Lakeshore Construction Permit
-----0;: i:;J.iri~l,
fran,: Fu~12r~on A~chites~s PC
Se:-~:_: v~6d ~~/lO/201 [I :'1::52 1l-~,1
eo:: La~esh0re COGS rUC~l
2::1 - I know chaL you ere travel in; bu: if tavs 2 Dl e, wou_C yO) please sene
~~ e~2il ths( a~t~10rize5 F~ll~rto~ Ar~ni~ec:s/Hi ~ul~erton ~~. subnlic foy t~e L~~E~tcre
CD~s~~ucticn ?ermit O~
si:::e Yf.;S - a1: ' ks gooo. Mor~ :ater.
-50-
-2{;1-1
i 1\1
I
I Ii ~ ~.
'" r
~ Ij ., ~i- f "I
$ n" j~
il II ~ i!
~~ I ij lilli
I~ +
z /
,./
-5~ -
-- \
\~~
-52-
MOBLEY
STAFF REPORT #WLP-I0-W02 (WLP-06-83)
APRIL 5,2010
Owner: J. Robert Mobley
Mailing Address: 2870 Peachtree Road NW #401, Atlanta, GA

30305
Telephone Number: (406) 862-261-8805
Applicant: nla
Mailing Address: nla
Telephone Number: nla
Contractor: T.B. Gray
Mailing Address: PO Box 4561 Whitefish, MT 59937
Telephone Number: 406) 862-0433
Property Legal Description: Lot lOA of the Amended Plat of a Portion of Lot
9, and all of Lots 10 and 11 of Barkley Tracts in
Section 24, Township 31 North, Range 22 West
Property Address: 1460 Wisconsin Avenue

Lake Frontage: There is 45 feet of frontage
Project Description: Modification of existing rip rap structure -53-
Discussion:
Proposal: As a result of a Lakeshore violation settlement between the property

owner and the City of Whitefish, the applicant has agreed to modify the existing rip
rap structure as follows:
a. A base course of stone shall be added to the front of the wall subject
to the following conditions:
(i) Approximate height of the added base course shall be 10" -12"
above the existing grade at the bottom of the wall, with a
maximum height not to exceed 12" on any portion of the base
course;
(ii) The new base course shall extend no further than 20" as
measured from the front of the current wall;
(iii) New stone of similar size and shape shall be used on the base
course with a nominal size of 6"-12", but in no case greater
than 18" in dimension.
b. The top course of the existing wall shall be set back (ie. recessed
from the front of the wall towards the house) subject to the
following conditions:
WLP-IO-W02 - Mobley
Page 1
(i) A minimum of the top 6"-8" of the top course shall be
moved backward so that repositioned stone may rest
behind the course of stone beneath the top course;
(ii) No additional stone may be added to the top of the wall and
the height of the existing wall shall not be increased;
(iii) Existing stones in the top course which exceed 18" shall be
broken to smaller size prior to resetting;
(iv) Dirt or fill excavated from moving the top course of stones
backward may be spread to cover exposed tree roots in the
lakeshore protection zone, but no new fill is allowed;
(iv) The corners of the top course of the wall facing the lake
shall be set back in the same manner described above for
the portion of the wall facing the lake.
c. Mobley shall apply for the after the fact permit and complete the
work prior to May 1, 2010.
Conclusion: The proposed work complies with the Sections 13-3-1 and 13-3-2,
Design and Construction Standards of the Whitefish Lake and Lakeshore Protection
Regulations.

Committee considered this permit request at their meeting of March 10, 2010, and
-54-
found that the proposed work complies with Section 13-3, Construction Standards
of the Whitefish Lake and Lakeshore Regulations, subject to the following
conditions:
General conditions:
1. The Lakeshore Protection Zone shall be defined as the lake, lakeshore and all
land within 20 horizontal feet of the average high water line at elevation
3,000.79'.
2. The proposed project shall be as specified on the application and shall not be
exceeded. Changes or modifications to increase any dimension or change
configuration must be approved through a permit amendment.
Riprap retaining wan conditions:
3. Stone used for rip rap shall be similar size and shape and type as the existing,
from 6-12", not to exceed 18".
4. All work shall be done before May 1, 2010, when the lake is at low pool and the
construction site is dry.

WLP-IO-W02 - Mobley
Page 2
6. Prior to the placement of riprap, filter fabric may be used along the shoreline and
incorporated into the riprap design to inhibit erosion and the washing of fines
through the riprap.
completion of the work, please contact WLPC member monitor for an inspection.
-55-
WLP-IO-W02 - Mobley
Page 3
-56-
MOBLEY
STAFF REPORT #WLP-I0-W02 (WLP-06-83)
MARCH 10, 2010
Mailing Address: 2870 Peachtree Road NW #401, Atlanta, GA

30305
Telephone Number: (406) 862-261-8805
Applicant: nja
Mailing Address: nja
Telephone Number: nja
Contractor: T.B. Gray
Mailing Address: PO Box 4561 Whitefish, MT 59937
Telephone Number: 406) 862-0433
Property Legal Description: Lot lOA of the Amended Plat of a Portion of Lot
9, and all of Lots 10 and 11 of Barkley Tracts in
Section 24, Township 31 North, Range 22 West
Property Address: 1460 Wisconsin Avenue

Lake Frontage: There is 45 feet of frontage
Project Description: Modification of existing ril? rap structure -57-
Discussion:
Proposal: As a result of a Lakeshore violation settlement between the property

owner and the City of Whitefish, the applicant has agreed to modify the existing rip
rap structure as follows:
a. A base course of stone shall be added to the front of the wall subject
(i) Approximate height of the added base course shall be 10" -12"
above the existing grade at the bottom of the wall, with a
maximum height not to exceed 12" on any portion of the base
course;
(ii) The new base course shall extend no further than 20" as
measured from the front of the current wall;
(iii) New stone of similar size and shape shall be used on the base
course with a nominal size of 6"-12", but in no case greater
than 18" in dimension.
b. The top course of the existing wall shall be set back (ie. recessed
from the front of the wall towards the house) subject to the
following conditions:
WLP-IO-W02 - Mobley
Page 1
(i) A minimum of the top 6"-8" of the top course shall be
moved backward so that repositioned stone may rest
behind the course of stone beneath the top course;
(ii) No additional stone may be added to the top of the wall and
the height of the existing wall shall not be increased;
(iii) Existing stones in the top course which exceed 18" shall be
broken to smaller size prior to resetting;
(iv) Dirt or fill excavated from moving the top course of stones
backward may be spread to cover exposed tree roots in the
lakeshore protection zone, but no new fill is allowed;
(iv) The corners of the top course of the wall facing the lake
shall be set back in the same manner described above for
the portion of the wall facing the lake.
c. Mobley shall apply for the after the fact permit and complete the
work prior to May 1, 2010.
Conclusion: The proposed work complies with the Sections 13-3-1 and 13-3-2,
Design and Construction Standards of the Whitefish Lake and Lakeshore Protection
Regulations.
Recommendation: The Whitefish Planning Department staff recommends the

Whitefish Lakeshore Protection Committee recommend approval of the requested
-58-
lakeshore construction permit to the Whitefish City Council subject to the following
conditions:
General conditions:
1. The Lakeshore Protection Zone shall be defined as the lake, lakeshore and all
3,000.79'.
2. The proposed project shall be as specified on the application and shall not be
exceeded. Changes or modifications to increase any dimension or change
configuration must be approved through a permit amendment.
Riprap retaining wall conditions:
3. Stone used for riprap shall be limited to native rock picked from the shoreline or
non-angular rock whose appearance is similar to native shoreline stone. Size of
imported rock shall be 6-12" nominal diameter (18" maximum), and free of silts,
sands, or fine materials.
4. All work shall be done before May 1, 2010, when the lake is at low pool and the
construction site is dry.
WLP- 10-W02 - Mobley

Page 2
6. Prior to the placement of riprap, filter fabric may be used along the shoreline and
incorporated into the riprap design to inhibit erosion and the washing of fines
through the riprap.
completion of the work, please contact WLPC member monitor for an inspection.
-59-
WLP-1O-W02 - Mobley
Page 3
-60-
.., 1 '
1\10RRISON & FRAMPTON. pUP
, :; : ,; - ! "FRANK LLOYD WRIGHT BUILDING
341 CENTRAL AVENUE
WHITEFISH, MONTANA ~9937
SEAN S. FRAMPTON TELEPHONE (406) 86z'9UOQ FRANK B. MORRISON,jR, (!937-2006)
SHARON M. M()R[{!SOH FACSIMILE \4(6) 86z-96n F<>R1.l£" MOH. MlA SW'j(Wt Coun fJ>STlcr
DOUCSCOTTI
RY AN D. PURDY
LORI B. MILLER
BIIIAN M.JOOS
February 23, 2010
VIA HAND DELIVERY
City of Whitefish
Planning Department
Whitefish Lakeshore Protection Board
418 East 2 nd Street
P,O. Box 158
Whitefish. Montana 59937
RE: After the Fact Lakeshore Construction Pennit Application

.L Robert Mobley
Dear Mr. Taylor: -61-
Enclosed is the above-referenced application. The Settlement & Mutual Release

Agreement made between the City of Whitefish and J. Robert Mobley on January 20. 2010 states
that the City will waive the filing fee.
As the application is being submitted prior to the February 24. 2010 deadline for the
March 10,2010 meeting, please confirm that Mr. Mobley's application is on the agenda for the
March meeting.
Thank you for your prompt assistance in this matter.
Very truly yours.
Sean S. Frampton
Morrison & Frampton, PLLP
Enclosure
AFTER THE FACT LAKESHORE CON.SIRU<6~ION j ' , T ...AEEUWlON...
WHITEFISH, BLANCHARD 00 1,0 ~UUN LAKE
Lakeshore CODstruction Permit Application
A permit is required for any work, construction, demolition, dock/shore station/buoy
installation, and landscaping or shoreline modification in the lake and lakeshore protection
zone - an area extending 20 horizontal feet landward from mean high water of 3,000,79'
mal (NAVD 1988) for Whitefish Lake, 3,144.80' msl (NAVAD 1988) for Blanchard Lake and
agenda the completed application must be submitted a minimum of 2 weeks prior to the
next regularly scheduled meeting and all required information must be provided b. order to
second Wednesday of every month. An incomplete application will not be accepted.

1005 C Baker Avenue
Whitefish MT 59937
Phone (406) 863-2410 Fax (406) 863-2409
NumeJ. Robert MobJey. Phone406-26l-aa~ Name Phone

Mail
-62- Mail Address
Address 2810 P"'acht~@9 Road NW ({'IOl
City, City,
m§J,e. Zip ~j;lRnt!diR'M.'c.......
C':r.8n.....3.1.10ok.3,u,Or../.5-.,._ _ _ __ State, Zip
Project address (if other than above):
How mnny feet of the lake Legal Description (l.'Ivailable from annual property taxnolice)
frolltage do YOl.! own? wt/Tl'act#: Section: 'l'ownship Range:
45' Lot ~q~A of Amended Plat of Portion of Lot 9, IDld
81lbdivlS10n Name:
,all of Lota 10, 11 of Barkley Txacts
CONTRACTOR: 'I.ll. Gray,-Iuc,-~_ _ _ _ __ PHONE#: 862-0433
P.O. Box 4561
Mail Address: Whitefish, ~IT 59937
FEES:
rAa riifffistfAtlve- Perrriir(riocifmtriiUee' ·ri1€e·t!f@· . .... '$75' .....
Administrative Permit (wI committee meetir!gQl-)_ _-+$T'2::.;5:-::5~_-=--:-::-_'";""'7:-:-_ _ _ _ _ _ _ _'_--i
Standard Permit $350 base fee (1 activity)
fAeth/tty is defined as a separate component or $140 each additional activity

project that by itself would require a permit}
I-:V:-:'anu--:'·-n-c-e---:-M-;-:i-no-r---------·-----r$;:-:4;-::9-::0~/var·fance - added to standard permit fee
Supplemental AppHcatio11 Required
$1 ,400/variance - added to standard permit fee
Suppiemental Application Required
"After-the-Fact" Permit ,~ times the normal fee
I. Nature of th~ P-;~p;;~d Work (describe what yotlp;::op~ose to build, demolish. or install. (tive
dimensions, material and Jist heavy equipment, if any to be used).
Reconstruct portions of wall to comply with settlement agreement. See attached.
2,"'"-=Describe any Environmental lmpact;w(~:g. wi~p;:;t;'~n water quality or fish and wi1diff~
habitat, increased sedimentation, etc.). Explain what measures will be taken to alleviate
these impacts.
No known impacts.
~-bescribe existing improvements on the pr;perty within the i;kesho;e-protection zone alo;g
with the square footage of each such as an existing dock, stairs, deck or patio and when they
were constructed, if known, or the permit number.
Existing rock wall is approximately 36" high and a total of approximatley
45 1 long, including stairs.
3. If a ~~anceIs requested in addition to this permit, specify the 1'ea50'n8 or conditiol1S whi~l~
require or warrant the variance on a separate variance form. An additional fee is required for
a variance request. What is the variance proposal?
None. -63-
Is VICINITY MAP attached? yes

Is SITE PLAN attached? yes
Is PROJECT DRAWING attached? yes
Are at least 3 PHOTOS of work site attached? --y.e~
.1 photo of property from lake, 2 photos showing lak.eshore protection zone from
propertll baundary towards other property boundary, i. e .• fmm rwrth property line
across to south property Unc, and photos of each existing structure or constructed
area within the lakeshore protection zone (dock, boat house, stairs, e~c)
1 hereby-;;te that the statements contalned herein andti';;=~erial~ att;che'd:' hereto ur~
___~~C'._~J:rl.le @iLS:9fllJ~1~t!L.sj:~t<ml~P.!,2LQ)tpX9IJ.2§~.g~..9.x1.umg.it!?
,elfc!:;.YL (or probable. dfe.eta), .oath e '.~
. "'lake and lakeshore and that I have answered all questions in the application. The signing of
this application signifies approval for City Planning staff to be present on the property for
routir.e monitoring and inspection during the approval and development process.
~r~
llutilori7.ation letter iI'om owner must be attachBd.} Date:
Print Name -,
All wc·rk will be inspected for conformity with permit. The permit is valid for one year from
date of approval. The permit can be renewed by the governing; body upon request.
Whitefish, Blanchard & Lost Coon Lake
Lakeshore Construction Permit Application

2870 Peachtree Road NW #401
Atlanta, GA 30305
Question 1. Nature of the Proposed Work
Answer:
a. A base course of stone shall be added to the front of the wall subject to the
following conditions: (I) Approximate height of the added base course shall be 10" -12"
above the existing grade at the bottom of the wall, with a maximum height not to exceed
12" on any portion of the base course; (ii) The new base course shall extend no further
than 20" as measured from the front of the current wall; (iii) New stone of similar size
and shape shall be used on the base course with a norrina! size of 6"-12", but in no
case greater than 18" in dimension.
b. The top course of the existing wall shall be set back (ie. recessed from the front
-64- of the wall towards the house) subject to the following conditions: (i) A minimum of the
top 6"_8" of the top course shall be moved backward so that repositloned stone may rest
behind the course of stone beneath the top course; (ii) No additional stone may be
added to the top of the wall and the height of the existing wall shall not be increased; (iii)
Existing stones in the top course which exceed 18" shall be broken to smaller size prior
to resetting; (iv) Dirt or fill excavated from moving the top course of stones backward
may be spread to cover exposed tree roots in the lakeshore protection zone, but no new
fill is allowed; (v) the corners of the top course of the wall facing the lake shall be set
back in the same manner described above for the portion ofIhe wall facing the lake.
Whitefish
Lake
GOf1
Cou,,~
Inset
.,
J:'
0>'
1-'
U!
-65- 9
Lost
Goon
Lake
I
I
ItAY dV'.nom.. IIlfJ)!l.1, (It flmomJ:!I'tl b«I~llt> 1111' MI(II~W;1
roll prlllli.l' iI!ltUQt'JlIh'lt:) IUUHtpdlllllll .!tlbn ill tll!J roUt
ft,dWOO PllIQu", tlm!)!11 t-AIJP:!l En;;. Cth tlI'IJWi;J. co III
\~ Ichange5@mnpsalc.com ©20fl4
---'.
Far; 1. Robert (\.!obley
LOCA TIO'N S'URVEY Date: June 28, 2005
Lot 1O-A of A!vlEDED PLAT OF PORTION OF LOT 9,

& ALL OF LOTS 10, 1 t, OF BARKLEY TRACTS
.., ""
.~
:z
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GROUl'lll l;:LF.V @ FOlJND,t'ftON CORNER

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en
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3006.7'------,
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SPOT EL @ GROUND
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''''3j}(10.8'
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!,!
D.I.HIM NAVD 88
---.!"-,""....'"
..:-'{.olH A/V",-
.r- "1 't
A \ •••••••
,::" '.;+ If
f BfMfl F. • i,
.~ SULUVMl ~
;.. , : w'rk' ,. ~
BB~{;'~
F & H Land Surveying, Inc. "d,IOI{., • I!
PD. Box 114 r " . J
(" " • \'),.' 'l.:-
1+4 E, Secouti SL t •• (1 HIt\'. 0 .;,i1
Whitefish, 't--.1t. 59937
~I.:·~·I " ":,-{ f
'-, v .sU'Il\l \....: Registration 110. 9095LS ---.
406-862-2386 .... \\."'.'''t,.~...-.q;.-....;r....
fr"Ycf'Sil PC
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'ii -67-
I'
-7
SETILEMENT & MUTUAL RELEASE AGREEMENT
THIS AGREEMENT is made this ~:t)~day of January, 2010, between the City of
Whitefish. 402 East Second Street, Whitefish. Montana ("the City") and J. Robert
Mobley ("Mobley"),
Recitals
A. In November of 2006 Mobley was issued a Whitefish Lake, Lake
and Lakeshore Construction Permit for, inter alia, a retaining rip rap
structure in the lakeshore protection zone,
B After the rip rap structure was constructed a dispute arose between
the City and Mobley wherein the City alleged a lakeshore violation
based on Mobley's alleged failure to follow the conditions set forth
in the November 2006 permit
C, The City and Mobley have resolved their dispute and wish to enter
into this binding settlement agreement regarding changes which
will be made to the rip rap structure,
NOW THEREFORE. in consideration of the mutual covenants, obligations. terms

and conditions set forth below, and for good and other valuable consideration,
the sufficiency of which the par1i.es acknow!edge, the parties agree as follows:
-71-
1 After applying for an after the fact permit with the City, for which the City
will waive the filing fee, Mobley shall modify the rrp rap structure/wal! as
follows:
a, A base course of stone shaH be added to the front of the wall

subject to the followihg conditions: (i) Approximate height of the added
base course shall be 10" -12" above tl1e existing grade at the bottom of
the wall, with a maximum height not to exceed 12" on any portion of the
base course. (ii) The new base course shall exlend no further than 20" as
measured from the front of the current wall; (iii) New stone of similar size
and shape shall be used on the base course with a nominal size of 6"-12",
but In no case greater than 18" in dimension,
b. The top course of the existing wall shall be set back (ie, recessed
from the front of the wall towards the house) subject to the following
conditions: (i) A minimum of the top 6"-8" of the top course shall be
moved backward so that repositioned stone may rest behind the course of
stone beneath the top course; (ii) No additional stone may be added to
the top of the wall and the heigllt of the existing wall shall not be
increased; (iii) Existing stones in the top course which exceed 18" shall
be broken to smaller size prior to resetting; (Iv) Dirt or fill excavated from
moving the top course of stones backward may be spread to cover
exposed tree roots in the lakeshore protection zone, but no new fill is
allowed; (v) the corners of the top course of the wall facing the lake shall
be set back in the same manner described above for the portion of the
wall facing the lake,
c. Mobley shall apply for the after the fact permit referenced In section
(a) and complete the work prior to May 1. 2010.
2 The City agrees to dismiss, with prejudice, the criminal matter brought
against Mobley,
3. Once the after the fact permit is issued and the work is performed in
accordance with this agreement and approved by the City, the City shall
hereby release Mobley from any civil or criminal liability associated with
the alleged lakeshore violation and this agreement shall be deemed fully
performed.
4. Mobley is not admitting any liability, either criminally or civilly, by entering

into this agreement.
-72- 5 The parties hereto agree that if either party defalSlts in its performance of
this agreement and an action to enforce the agreeMent is commenced,
the prevailing party is entitled to its reasonable attorney's fees and costs
6. This agreement represents the entire agreement between the parties

This agreement shall not be amended, except in writing and endorsed by
both parties.
7 If any portion of this agreement is determined to be invalid or

unenforceable, the remaining portions shall retain their full force and
affect
DATED this!()~ay of February, 2010.

City of Whitefish:
Q(JLG~
Charles C. Stearns
Whitefish City Manager
Approvec by:
~!i!L
Hammer, Hewitt, Jacobs & Floch
Attorneys for City of Whitefish
t""'"
DATED this 1-0 day of January, 2010.
Approved by:
s:::-::~
Sean R Fr mp on
Morrison & Frampton
Attorneys for Mobley
-73-
-74-
CAROL FOLEY
STAFF REPORT #WLP-I0-W03
APRIL 5,2010
Owner: Carol Foley

Mailing Address: 911 Wisconsin Ave, Suite 203
Whitefish MT 59937
Telephone Number: 863-2060
Applicantl Contractor: Robby Shreve
Mailing Address: 645 Northwoods Drive
Whitefish MT 59937
Telephone Number: 406.261-9409
Property Legal Description: Lot A, Section 24, Township 31 North, Range 22
West, Rock Creek Subdivision
Property Address: 1480 Barkley Lane
Lake Frontage: 36.6
Project Description: Repair and maintenance of existing deck and
access stairs exceeding the exemption standards
for repairs necessitating a minor variance
-75-
Discussion:
Frontage and allowable constructed area: There is 36.6 feet of lake frontage on the
lot. The allowable constructed area based on 8 square feet per lineal foot of frontage
is 293 square feet.
Existing Constructed Area: The property has a large amount of constructed area in
the LPZ that predates the lakeshore regulations. The deck, stairways, and concrete
patio include approximately 374 square feet of constructed area. The residence itself
has approximately 330 square feet of its footprint within the LPZ. No portion of the
deck exists outside the LPZ. The property also shares an F-shaped dock with the
neighbor to the east, which is 435 square feet (WLP-02-W19).
Background: The existing residence was built in 1972 and is just feet away from
the Mean High Water Mark for Whitefish Lake and encroaches into required zoning
setbacks as a grandfathered non-conforming structure. The property exceeds the
292.8 square foot allowable constructed area due to the structures built within the
Lakeshore Protection Zone. The second story deck is modest in size (213 square
feet). Both it and the concrete patio/sea wall area under the deck extend below
Mean High Water. The deck, railing, stairs and wooden structural supports are all
WLP-IO-W03 - Foley
Page 1
in poor condition and in need of replacement for safety reasons. A permit for a dock
replacement was issued in 2000 as WLP 00-W07.
The existing house and deck do not meet the required setback requirements for the
WR-1 zoning designation, but since all construction is entirely in the Lakeshore
protection zone only a variance from the Lakeshore Protection Committee/City
Council is required. The Lakeshore Regulations stipulate that a total reconstruction
of a nonconforming structure such as a deck shall be rebuilt to fully conform to the
Lakeshore Regulations, therefore the applicant has requested a variance to that
criteria so that the existing deck and stairs can be rebuilt.
Proposal:
The applicant is proposing to reconstruct a rotting existing deck and associated
stairways with a minor variance from setbacks. The new deck will maintain the
exact size and configuration of the existing structure. The only changes will be
building code mandated changes to the railing configuration and height, stairway
tread size and rise. The total constructed area in the lakeshore protection zone will
not be increased. The applicant is also proposing to replace an existing set of
wooden steps with dry-set stone steps for better stability. In addition to the
replacement of the non-conforming deck built in the LPZ, a variance from the 10'
minimum setback is required. Materials will be Trex or composite wood on the
decking and stairways. Support posts will be of untreated wood or metal that has
-76-
been powder coated or painted outside the LPZ.
Consideration of a Minor Variance:
The applicant is requesting a minor variance to Section 13.3.1.Z of the Whitefish

Lake and Lakeshore Regulations: General Construction Standards; Non-Conforming
Structures. That Section states that complete removal and subsequent replacement
of structures are not allowed without compliance with the Lakeshore Regulations
and any additional codes, such as building setbacks required by zoning.
In reviewing a minor variance there are three criteria that the request must meet
prior to granting said variance (WCC 13.4.2.A):
Due to unusual circumstances a strict enforcement of such requirements and
standards would result in undue hardship.
The applicant is requesting a variance from the standards required for the
replacement of structures that encroach into the LPZ because following the
requirements would entail complete removal and replacement of the existing
residence and foundation, and would deprive the house of an egress on each floor,
which would be an undue hardship. Due to the narrow lot width and minimum
WLP-1O-W03 - Foley
Page 2
riparian setbacks of the grandfathered nonconforming house, no portion of the deck
or stairway can be constructed outside of the lakeshore protection zone.
No reasonable alternatives exist which do meet the standards herein.
The applicant states that the location of the existing residence does not allow for
moving the deck outside the Lakeshore Protection zone, as the lot is extremely
narrow and the existing house is built close to each property line.
Granting of the variance will not have adverse impacts on a lake or lakeshore in
terms of the Policy Criteria for Issuance of a Permit as outlined in Section
13.2.6.
The Policy Criteria for all permits require that no lakeshore construction:
A. Materially diminish water quality;

B. Materially diminish habitat for fish or wildlife;
C. Interfere with navigation or other lawful recreation;
D. Create a public nuisance or public safety hazard,'
E. Create a visual impact discordant with natural scenic values, as determined
by the governing body, where such values form the predominant landscape
elements; and,
F. Alter the characteristics of the shoreline.
-77-
The variance from the non conforming structure replacement standards should not
diminish water quality or habitat for fish or wildlife as the replacement structures
will be the same size. The variance is not anticipated to interfere with navigation or
recreation on or around the subject property. The variance will allow for the
removal of safety hazards as the existing deck and stairs are decrepit. The
replacement would not create any more visual impact than what is currently on-
site. It is not anticipated that the removal and replacement of the deck and stairs
will alter the characteristics of the shoreline, as it will mimic the existing structures.
Materials used will conform to the allowed materials section.
Conclusion: The proposed construction will comply with Section 13-3-1,

Construction Standards of the Whitefish Lake and Lakeshore Protection
Regulations, and meets the criteria for approval of a Minor Variance.

Committee considered this permit and minor variance request at their meeting of
March 10, 2010, and found that the proposed work complies with Section 13-5,
Construction Standards of the Whitefish Lake and Lakeshore Regulations, subject
WLP-l 0-W03 - Foley

Page 3
1. The lakeshore protection zone shall be defined as the lake, lakeshore and all
3,000.79' (NAVD 1988).
2. The replacement deck and stairway shall be of the exact design, size and
configuration as the existing structure, except as required by the Whitefish
Building Department to meet current building codes. In no case shall the deck
railing extend higher than four feet above the deck surface, and it shall have a
visually open design that matches the existing as close as possible.
3. All materials shall comply with Section S.1.A Materials. No treated wood, paint
or stain may be used in the lakeshore protection zone. Use of a wood polymer
composite (i.e. TREX) is strongly recommended. Plywood, particle board or
other glued composite board are not allowed. Stairways or walkways of
poured-in-place concrete are prohibited.
4. The existing total constructed surface area in the lakeshore protection zone
shall not be increased.
5. The deck and stairway may not be altered or improved in any manner which
might result in a change of use, nor shall the deck be enlarged.
-78-
6. All cutting of materials shall be done outside the lakeshore protection zone.
Upon completion, the components may be brought to the lakeshore area and
assembled.
7. The work authorized under this permit shall be completed in substantial

compliance with the methods and materials described within the application.
completion of the work, please contact WLPC member monitor for an
inspection.
WLP-IO-W03 - Foley
Page 4
CAROL FOLEY
MARCH 10, 2010
Owner: Carol Foley

Mailing Address: 911 Wisconsin Ave, Suite 203
Whitefish MT 59937
Telephone Number: 863-2060
Applicant I Contractor: Ro b by Shreve
Mailing Address: 645 Northwoods Drive
Whitefish MT 59937
Telephone Number: 406.261-9409
Property Legal Description: Lot A, Section 24, Township 31 North, Range 22
West, Rock Creek Subdivision
Property Address: 1480 Barkley Lane
Lake Frontage: 36.6
Project Description: Repair and maintenance of existing deck and
access stairs exceeding the exemption standards
for repairs necessitating a minor variance
-79-
Discussion:
Frontage and allowable constructed area: There is 36.6 feet of lake frontage on the
lot. The allowable constructed area based on 8 square feet per lineal foot of frontage
is 293 square feet.
Existing Constructed Area: The property has a large amount of constructed area in
the LPZ that predates the lakeshore regulations. The deck, stairways, and concrete
patio include approximately 374 square feet of constructed area. The residence itself
has approximately 330 square feet of its footprint within the LPZ. No portion of the
deck exists outside the LPZ. The property also shares an F -shaped dock with the
neighbor to the east, which is 435 square feet (WLP-02-W19).
Background: The existing residence was built in 1972 and is just feet away from
the Mean High Water Mark for Whitefish Lake and encroaches into required zoning
setbacks as a grandfathered non-conforming structure. The property exceeds the
292.8 square foot allowable constructed area due to the structures built within the
Lakeshore Protection Zone. The second story deck is modest in size (213 square
feet). Both it and the concrete patio / sea wall area under the deck extend below
Mean High Water. The deck, railing, stairs and wooden structural supports are all
WLP-l 0-W03 - Foley

Page 1
in poor condition and in need of replacement for safety reasons. A permit for a dock
replacement was issued in 2000 as WLP 00-W07.
The existing house and deck do not meet the required setback requirements for the
WR-1 zoning designation, but since all construction is entirely in the Lakeshore
protection zone only a variance from the Lakeshore Protection Committee/ City
Council is required. The Lakeshore Regulations stipulate that a total reconstruction
of a nonconforming structure such as a deck shall be rebuilt to fully conform to the
Lakeshore Regulations, therefore the applicant has requested a variance to that
criteria so that the existing deck and stairs can be rebuilt.
Proposal:
The applicant is proposing to reconstruct a rotting existing deck and associated
stairways with a minor variance from setbacks. The new deck will maintain the
exact size and configuration of the existing structure. The only changes will be
building code mandated changes to the railing configuration and height, stairway
tread size and rise. The total constructed area in the lakeshore protection zone will
not be increased. The applicant is also proposing to replace an existing set of
wooden steps with dry-set stone steps for better stability. In addition to the
replacement of the non-conforming deck built in the LPZ, a variance from the 10'
minimum setback is required. Materials will be Trex or composite wood on the
decking and stairways. Support posts will be of untreated wood or metal that has
been powder coated or painted outside the LPZ. '"
-80-
Consideration of a Minor Variance:
The applicant is requesting a minor variance to Section 13.3.1.Z of the Whitefish

Lake and Lakeshore Regulations: General Construction Standards; Non-Conforming
Structures. That Section states that complete removal and subsequent replacement
of structures are not allowed without compliance with the Lakeshore Regulations
and any additional codes, such as building setbacks required by zoning.
In reviewing a minor variance there are three criteria that the request must meet
prior to granting said variance (WCC 13.4.2.A):
Due to unusual circumstances a strict enforcement of such requirements and
standards would result in undue hardship.
The applicant is requesting a variance from the standards required for the
replacement of structures that encroach into the LPZ because following the
requirements would entail complete removal and replacement of the existing
residence and foundation, and would deprive the house of an egress on each floor,
which would be an undue hardship. Due to the narrow lot width and minimum
WLP-l 0-W03 - Foley

Page 2
riparian setbacks of the grandfathered nonconforming house, no portion of the deck
or stairway can be constructed outside of the lakeshore protection zone.
No reasonable alternatives exist which do meet the standards herein.
The applicant states that the location of the existing residence does not allow for
moving the deck outside the Lakeshore Protection zone, as the lot is extremely
narrow and the existing house is built close to each property line.
Granting of the variance will not have adverse impacts on a lake or lakeshore in
terms of the Policy Criteria for Issuance of a Permit as outlined in Section
13.2.6.
The Policy Criteria for all permits require that no lakeshore construction:
A. Materially diminish water quality;

B. Materially diminish habitat for fish or wildlife,·
C. Interfere with navigation or other lawful recreation;
D. Create a public nuisance or public safety hazard;
E. Create a visual impact discordant with natural scenic values, as determined
by the governing body, where such values form the predominant landscape
elements; and,
F. Alter the characteristics of the shoreline.
-81-
The variance from the non conforming structure replacement standards should not
diminish water quality or habitat for fish or wildlife as the replacement structures
will be the same size. The variance is not anticipated to interfere with navigation or
recreation on or around the subject property. The variance will allow for the
removal of safety hazards as the existing deck and stairs are decrepit. The
replacement would not create any more visual impact than what is currently on-
site. It is not anticipated that the removal and replacement of the deck and stairs
will alter the characteristics of the shoreline, as it will mimic the existing structures.
Materials used will conform to the allowed materials section.
Conclusion: The proposed construction will comply with Section 13-3-1,

Construction Standards of the Whitefish Lake and Lakeshore Protection
Regulations, and meets the criteria for approval of a Minor Variance.
Recommendation: The Whitefish Planning Department staff recommends approval

of the Minor Variance to reconstruct the deck and stairs subject to the conditions of
approval listed below.
1. The lakeshore protection zone shall be defined as the lake, lakeshore and all
WLP-lO-W03 - Foley
Page 3
3,000.79' (NAVD 1988).
2. The replacement deck and stairway shall be of the exact design, size and
configuration as the existing structure, except as required by the Whitefish
Building Department to meet current building codes. In no case shall the deck
railing extend higher than four feet above the deck surface, and it shall have a
visually open design that matches the existing as close as possible.
3. All materials shall comply with Section 5.1.A Materials. No treated wood, paint
or stain may be used in the lakeshore protection zone. Use of a wood polymer
composite (i.e. TREX) is strongly recommended. Plywood, particle board or
other glued composite board are not allowed. Stairways or walkways of poured-
in-place concrete are prohibited.
4. The existing total constructed surface area in the lakeshore protection zone
shall not be increased.
5. The deck and stairway may not be altered or improved in any manner which
might result in a change of use, nor shall the deck be enlarged.
6. All cutting of materials shall be done outside the lakeshore protection zone.
Upon completion, the components may be brought to the lakeshore area and
-82- assembled. '"

8. The work authorized under this permit shall be completed in substantial

compliance with the methods and materials described within the application.
completion of the work, please contact WLPC member monitor for an
inspection.
WLP-lO-W03 - Foley
Page 4
WHITEFISH, lLANCHARD & LOST, ""\OON LAKE
. Lakeshore Construction Permit Application
A permit is required for any work, construction, demolition, dock/ shore station/buoy
installation, and landscaping or shoreline modifiGation .~n .the la,ke and lakeshore protection
zone - an area extending 20 horizontal feet landward from mean hIgh water of 3,000.79'
msl (NAVD 1988) for Whitefish Lake, 3,144.80' msl (NAVAD 1988) for Blanchard Lake and
agenda the completed application must be submitted a minimum of 2 weeks prior to the
next regularly scheduled meeting and all required information must be provided in order to
second Wednesday of every month. An incomplete application will not be accepted.

1005 C Baker Avenue 02-24-10 POl :43
Whitefish MT 59937
Phone (406) 863-2410 Fax(406)863~2409
• .,; \ .t. I ~'. ,.'.: • .•• ~. "
Name Lqr'& (;1(;7 Phone 16) loGo Name fl.., b"7 .I'41'-e,ve Phone Yo, - 261 JI 0/1/9
Mail Address ''ir !Vo,..,ft w~ lti'v-e. -83-
How many feet of the lake Legal Description (available from annual property tax notice)
frontage do you own? LotfTract#: ;t Section: Township Range:
... I'Z'f ,II N t'(ZZV
SubdIVISIon Name: 17.. r,..
~fc:. Wfl,CG.
CONTRACTOR:
FEES:
Administrative Permit (no committee meeting) $75
Administrative Permit (w / committee meeting) $255
Standard Permit $350 base fee (1 activity)
(Aftiv,it:Yi~ defined as a separate component or $140 each additional activity

project that by itself wouZd require a p e r m i t ) ' · · · ..
Variance - Minor $490 jvariance ,- added tq standard per;mitfee

Supplemental Application R~quii~d···· ...
Variance - Major $1,400jvariance - added to standard permit fee
I
Supplemental Application Required
"After-the-Fact" Permit 4 times the normal fee
1. Nature of the Proposet ork (describe what you propose to_ ..tild, demolish, or install. Give
dimensions, material and list heavy equipment, if any to be used).
2. Describe any Environmental Impacts (e.g. impacts on water quality or fish and wildlife
habitat, increased sedimentation, etc.). Explain what measures will be taken to alleviate
these impacts.
3. Describe existing improvements on the property within the lakeshore protection zone along
with the square footage of each such as an existing dock, stairs, deck or patio and when they
were constructed, if known, or the permit number.
3. If a variance is requested in addition to this permit, ,specify the reasons or copditions which
require or warrant the variance on a separate variance form. An additional fee is required for
-84- a variance request. What.is the variance proposal?
ff<4f( J~ 'C lhuV. ~1rr"tH.("
4. The following Project Information must be included.'"
Is VICINITY MAP attached?

Is SITE PLAN attached? v
Is PROJECT DRAWING attached?... v'
Are at least 3 PHOTOS of work site attached? J
1 photo of property from lake;- 2 photos showing lakeshore protection zone from
property boundary towards other property boundary, i.e., from north property line
across to south property line, and photos of each existing st11,lcture or constructed
area within the lakeshore protection zone (dock, boat house, stairs, etc)
I hereby state that the stat~inents contain'ed herein and the materials attached hereto are a
true and complete statement of all proposed work and its effects (or probable effects) on the
lake and lakeshore and that I have answered all questions in the application. The signing of
this application signifies approval for City Planning staff to be present on the property for
routine monitoring 811.d inspection during the approval and development process.
~~~ " 2.... ~'1-to

Owners Sib'TIature (May be signed by applicant but 'authorization letter from owner must be attached.) Date:
Print Name
All work will be inspected for conformity with permit. The permit is valid for one year from
date of approval. The permit can be renewed by the governing body upon request.
Foley Lakeshore Permit Narrative
1. Describe the Nature of the Proposed Work
Replacement through reconstruction of the deck and associated stairways with

a minor variance from setbacks. Construction will be performed by hand and
utilize minimally invasive construction methods. No heavy equipment will be
used. Materials may be brought in by boat in order to minimize impact on the
lakeshore protection zone. All materials will conform to the requirements
including the use of trex, untreated lumber, and dry-set stone. The existing
deck is stained lumber. Replacement posts may be stained off-site prior to
installation in order to ensure longevity of building materials.
2. Describe any Environmental Impacts (e.g. impacts on water quality or

fish and Wildlife habitat, increased sedimentation, etc.). Explain what
measures will be taken to alleviate these impacts.
Any environmental impacts caused by reconstruction can be mitigated with the

use of siltation fencing and! or straw waddles. The work will be performed
during low-water to avoid impacts on the lake.
3. Describe existing improvements on the property within the lakeshore

protection zone .along with the square footage of each such as an
existing dock, stairs, deck or patio and when they were constructed, if -85-
known, or the permit number.
The property has an existing deck that pre-dates the lakeshore regufations.
The deck, associated stairways and concrete patio make up approximately 374
square feet of constructed area. There is also a shared dock 435 square feet in
size (WLP-02 -W 19) . A portion of the residence is situated within the lakeshore
protection zone (300 square feet). The property greatly exceeds its allowable
constructed area with all of the grandfathered structures.
4. If a variance is requested in addition to this permit, specify the

reasons or conditions which require or warrant the variance on a separate
variance form. An additional fee is required for a variance request. What
is the variance proposal?
The variance request is to replace the deck and two stairways. The deck is
located within the lakeshore zone and situated too close to the property lines to
meet the required side-yard setback. The supplemental variance application is
attached.
Whitefish Planning & Building
1005 C Baker Ave.
Whitefish~ MT 59937
Phone: (406) 863-24'10 Fax: (406) 863-2409
SUPPLEMENTAL APPLICATION FOR A VARIANCE

TO THE WHITEFISH LAKE AND LAKESHORE PROTECTION REUGLATIONS
PLEASE READ CAREFULLY
An application for a Whitefish Lake am;! I.,a4:eshore Construction Permit must accompany
the variance request form. ,,' , "'. , .,' "';
The variance mechanism is not intended to address situations that are a matter of
convenience rather than hardship. It is not intended to provide economic relief from a
specific standard requirement. A lakeshore variance is not intended to address a
violation that does not conform to the lakeshore regulations.
A staff recommendation for approval of a variance does not provide an guarantee that
the variance will be approved .. The 'staff makes a recommendation to the Whitefish Lake
and Lakeshore Protection Committee who in turn make a recommendation to the
Whitefish City Council. The Whitefish City Council has the final authority whether a
variance is approved or denied. Any appeal of the decision of the Whitefish City Council
must be made in district court as per Section 75-7-215 of the Montana Code.
-86- " There is a filing fee for a variance that is non -refundable in the event that a variance is
denied. '.,
SITE PLAN AND PROJECT DRAWING - These are required as part of your lakeshore
permit application and the request for a variance.
Submit a site plan, either drawn to scale or with dimensions added,

which shows in detail your proposed project, your property lines,
existing and proposed buildings, traffic circulation, driveways, parking,
landscaping, fencing, and lWY unusual, topqgraphic features such as
slopes, drainage, ridges, etc. Where new bUildings or additions are
proposed, building sketches and elevations must be submitted.
A Pre-application meeting is required with City staff. The City of Whitefish will only
accepted completed lakeshore variance applications from individuals who have
completed a pre-application meeting.
A pre-application meeting was held on:Fi bf.J#try -Z 7.,( 201 ()

Date:
~~--
Applicant Si~
a5:~
City Staff Signature
1
6.2.A.l: GENERAL CRITERA (Applicable to all Variance Requests):
DESCRIBE THE ANTICIPATED IMPACTS AS THEY RELATE TO THE POLICY CRITERIA

BELOW: (Note: A "yes" or "no" answer or simple restatement of the question is not
acceptable.)
a. Due to unusual circumstances, a strict enforcement of such requirements and
"w.
standards would result in undue hardship;
la .~ ,..,,....,,~
b. No reasonable alternatives exist which do meet the standards herein; and,
c. Granting of the variance will not have adverse impacts on a lake or lakeshore in
terms of the "Policy Criteria for Issuance of a Permit" contained in Chapter 4 of
the Whitefish Lake and Lakeshore Protection Regulations.
. """
-87-
d. Alternatively to (a) and (b), the granting of a variance would result in a general
and universal public benefit.
6.2.A.2: MAJOR VARIANCE CRITERIA (Applicable to Major Variance Requests)
REQUIRES DETAILED ANSWERS TO EACH OF THE FOLLOWING CRITERIA BELOW

AND SUBMITAL OF AN ENVIRONMENTAL IMPACT STATEMENT AS OUTLINED IN
SECTION 6.2.B.2:
a. The variance request does not meet the requirements of Section 6.2.A.l;
3
Foley Lakeshore Minor Variance Narrative
1. Describe the Nature of the Variance Request
A minor variance is requested to repair the existing deck and associated

stairways through reconstruction while maintaining the exact size and
configuration of the existing structure. The request is a total replacement of
the structure due to age and stability of the existing decking and railing
materials. Any changes to the dimensions will be mandated by building code
requirements including minimum egress standards, stairway tread size and
rise, handrails and railing openings. The total constructed area in the
lakeshore protection zone will not be increased.
In addition to the replacement of the non-conforming deck a variance from the

minimum 10' setback is required as the existing structure encroaches into the
setback on both sides.
Another portion of the project includes replacing an existing set of wooden

steps with dry-set stone steps for better stability. The highwater mark of
Whitefish Lake reaches the concrete retaining wall and the wooden steps
extend below the wall. The replacement steps should withstand the ice-action
and highwater better than the untreated wood steps which frequently require
-88- repair at low water due to their annual submersion in ice and water.
2. Explain which specific section of the Lakeshore Protection

Regulations the variance would apply to and the extent to which your
request wou ld deviate from the standard.
The deviations are requested to sections 5.1.Z Nonconforming Structures for

the replacement and reconstruction of non-conforming structures. The
regulations specify that complete removal and subsequent replacement of
structures are not allowed without compliance with the lakeshore regulations
and any additional codes, such as setbacks in the underlying zoning
designation.
3. Explain the reason why the variance is needed.
The existing structure does not meet the required 10' setback of the WR-1
zoning designation. A replacement structure can not meet the minimum
setback required as it is located within the lakeshore protection zone. The
variance is needed for full replacement of the 2-story deck which serves as
emergency access to existing doors. The access is required as a life, safety,
health measure through building code for minimum access requirements.
4. Describe alternatives to the proposed project that have been

explored and described why such alternatives are unacceptable.
Under the current regulations there are no options other than a variance
request for replacement of the existing structure. The deck and stairways are
located fully within the lakeshore protection and do not meet the minimum 30'
setback that would apply to new construction (20' lakeshore protection zone
and 10' setback from the lakeshore protection zone). The property is 36.6' in
width at the lakefront side. Minimum lot width in the underlying zoning is 60'
with 10' required setbacks for structures. Compliance with setbacks would not
allow for proper egress from the openings at each level of the home which front
onto the existing deck.
5. Describe the conditions of the site as they now exist without the
variance.
The existing lot is nonconforming in respect to lot size and lot width. The
residence and 2-story deck do not meet the required setbacks from the
lakeshore protection or 10' side yard setbacks in the WR-l zone. The deck
wraps around the eastern side of the residence and provides primary access to
the deck and lakeshore protection zone. The property slopes towards the lake
and the deck begins at the 20' lakeshore protection zone setback. No portion of
the deck is located outside of the lakeshore zone.
The property exceeds the allowable 292.8 square feet of constructed"area based -89-
on 36.6 feet of frontage. A portion of the residence is within the lakeshore zone
(approximately 300 square feet). In addition to the decks and stairways there
is also a 435 square foot f-shaped dock on the property that is shared with the
adjacent property owner to the east (WLP-02-W19).
13.4.2: General Criteria
a. Due to unusual circumstances, a strict enforcement of such

requirements and standards would result in undue hardship;
The deck and railing are in poor condition and in serious need of replacement.
Reconstruction would normally require moving the deck outside of the
lakeshore protection zone. However this is a narrow lot (36' wide) and the
grandfathered residence covers most of the lot width. A total replacement
conforming to lakeshore requirements would involve complete removal and
subsequent replacement of the residence and foundation. Non-replacement of
the deck would represent an extreme hardship through loss of use and egress.
b. No reasonable alternatives exist which do meet the standards herein;

and,
The location of the existing residence does not allow for moving the deck
outside of the lakeshore protection zone.
c. Granting of the variance will not have adverse impacts on a lake or

lakeshore in terms of section 13-2-6 "Policy Criteria for Issuance of a
Permit" of this title.
The materials used in the reconstruction of the deck will conform to Section
S.1.A. Materials. Trex or composite wood will be used for the decking and
stairways. Replacement support posts will be of untreated wood or metal that
is powder-coated or painted outside of the lakeshore protection zone.
d. Alternatively to (a) and (b), the granting of a variance would result in a

general and universal public benefit.
Not applicable
-90-
Map Layout Page 1 of 1
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-91-
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-93-
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-100-
MEMORANDUM
#2010-019
To: Mayor Mike Jenson

City Councilors
From: Chuck Stearns, City Manage; ~

Re: Staff Report - Public Hearing on Community Needs Assessment Phase I - Bresnan
Communications LLC Cable Television System Franchise Agreement Renewal
Date: March 31, 2010
Introduction/History
The Cable Communications Policy Act of 1984 as amended by the Cable Television Consumer
Protection and Competition Act of 1992 enables cities to enter into franchise agreements with
cable television providers for the cable companies' use of the public right-of-way. While
franchise agreements with all utilities are common in other states, Montana State Law prohibits
other franchise agreements by municipalities. In the case of cable television, federal law pre-
empts state law. -101-
Our current franchise agreement is attached with this report and it was enacted on September 4,
2007 and made effective as of September 5, 2007. It was a five year franchise agreement,
therefore it expires September 5, 2012. In accordance with federal law, Bresnan
Communications sent us a letter on October 15,2009 to initiate renewal of the franchise
agreement (see attached letter).
At a work session on February 1, 2010, I discussed the aspects of our franchise agreement, the
franchise renewal process, and pros and cons of a formal renewal process versus an informal
renewal process with the Mayor and City Council. At that time, there was some interest on the
part of City Council Members to see if there was public interest in the community in expanded
local access television capability and programming as well as interest in improvements to our
tape recorded broadcasting system for City Council meetings.
Current Report
I have attached the legal notice of this public hearing, a display ad for the hearing, and some
background information on the cable television franchise process and federal law in the packet.
This public hearing is to determine, in part, if there are sufficient problems with the existing
Bresnan Communications cable television service and Bresnan Communications' performance to
merit doing a formal renewal process instead of doing an informal process. It is also to begin a
community assessment or ascertainment process to see if the public has problems with Bresnan
Communications service or if the public would like to see improvements in the service or
improvements to the local access channel.
The local access channel is called Public/Educational/Government or PEG access in the

franchise renewal process. We currently have limited access to the PEG channel for re-
broadcast of our City Council meetings, but there is no other local production of programming or
local origination of broadcasts in Whitefish of which I am aware.
One limitation of a formal renewal process is that it would likely require us to hire a consultant
to make sure we followed the very formal and detailed process outlined in federal law. In 2007,
the City of Whitefish did an informal renewal process and the City Attorney and City Manager
were able to negotiate the terms of the franchise agreement with Bresnan Communications.
However, a formal process is entails much more legal process, a detailed community needs
assessment, and negotiations. That is why federal law allows three years for a formal process to
occur.
I did participate in two formal renewal processes while I was in Missoula in the 1980 - 90' sand
they took much time, a lot of effort, and were expensive processes. I also did one informal
renewal process while in Colorado from 1995 - 2004. Given our workload in other areas, the
pending retirement of our City Attorney, our lack of funding to hire a consultant, and the belief
that I think we can get improvements to our broadcast equipment for City Council meetings via
an informal renewal process, unless there is a strong desire on local residents for improved local
access programming, I will recommend that we do an informal renewal process.
-102- '"
In talking recently with Sean O'Donnell, the Regional Vice-President of Bresnan
Communications, he said he has not done a formal renewal process in more than eight years -
almost all of their renewals are done via the informal franchise renewal process.
For public notification of this hearing and to raise community awareness, we published the legal
notice twice in the Whitefish Pilot, we had a display ad published once in the Whitefish Pilot. I
also emailed the display ad to the School District Superintendent and to our city email list. Also,
Linda Engh-Grady of the Whitefish Community Foundation agreed to forward our display ad
notice to other non-profit organizations in the area as non-profits are often interested in local
origination or local access programming. So we did an extensive amount of outreach for this
public hearing.
Financial Requirement
A maximum 5% franchise fee on the gross revenues (as defined in federal law) is allowed by
federal law and we already impose and collect that 5% franchise fee. According to Rich Knapp,
Assistant City Manager/Finance Director, our franchise fee revenues in FY08 were $41,243 and
were $48,133 in FY09. We are unable to increase that 5% rate as it is already at the maximum
allowed by federal law.
Federal law does enable us to require the cable television company to provide, at their cost,
capital equipment for local origination or local access (PEG) programming, but there are
reasonable limits to such requirements.
Recommendation
Staff respectfully recommends the City Council consider the testimony at Monday's public
hearing and determine if there is sufficient need for a formal renewal process or if an informal
renewal process will suffice for our cable television franchise agreement renewal.
As City Manager, I recommend that we pursue an informal renewal process unless there is
extensive public testimony that Bresnan Communications has not provided good service or that
there is extensive and sufficient need for expanded local access (PEG) programming on the local
access channel. Options for a motion are below:
"I move that we authorize the City Manager and City Attorney to pursue an informal process for
the cable television franchise agreement renewal with Bresnan Communications"
Or
"I move that we pursue a formal renewal process for the cable television franchise agreement
renewal with Bresnan Communications and request that the City Manager outline the financial
and time requirements of such a process in a future memo." -103-
attachments
FRANCHISE AGREEMENT
This Franchise Agreement ("Franchise ") is between the City of Whitefish, hereinafter
referred to as "the Grantor" and Bresnan Communications, LLC, hereinafter referred to as "the
Grantee."
SECTION 1.
Definition of Terms
1.1 Terms. For the purpose of this Franchise, the following terms, phrases, words, and
abbreviations shall have the meanings ascribed to them below. When not inconsistent with the
context, words used in the present tense include the future tense, words in the plural number
include the singular number, and words in the singular number include the plural number.
A. "Basic Cable Service" means any service tier which includes the lawful
retransmission of local television broadcast signals and any public, educational, and
governmental access programming required by the franchise to be carried on the basic
tier. Basic Cable Service as defined herein shall not be inconsistent with 47 U.S.C.
§ 543(b)(7) (1993).
B. "Cable Act" means Title VI ofthe Communications Act of 1934, as amended.
C. "Cable Programming Service" means any video programming provided over a

cable system, regardless of service tier, including installation or rental of equipment used
-104- for the receipt of such video programming, other than:
(a) Video programming carried on the Basic Service Tier;
(b) Video programming offered on a pay-per-channel or

pay-per-program basis; or
(c) A combination of multiple channels of pay-per-channel or

pay-per-program video programming offered on a multiplexed or
time-shifted basis so long as the combined service:
(1) consists of commonly-identified video programming; and
(2) is not bundled with any regulated tier of service.
Cable Programming Service as defined herein shall not be inconsistent

with the definition as set forth in 47 U.S.C. § 543(1)(2) (1993) and
47 C.F.R. 76.901(b) (1993).
D. "Cable Services" shall mean (1) the one-way transmiSSIOn to Subscribers of

(a) video programming, or (b) other programming service, and (2) Subscriber interaction,
if any, which is required for the selection or use of such video programming or other
. .
programmmg servIce.
E. "Cable System" shall mean a facility consisting of a set of closed transmission
paths and associated signal generation, reception, and control equipment that is designed
to provide Cable Service which includes Video Programming and which is provided to
multiple Subscribers within the Service Area, but such term does not include:
(a) a facility that serves only to retransmit the television signals of one
or more television broadcast stations;
(b) a facility that serves subscribers without using any public right -of-
way;
(c) a facility of a common carrier which is subject, in whole or in part,

to the provisions of 47 U.S.c. §§ 201 et seq., except that such facility shall
be considered a cable system (other than for purposes of 47 U.S.C. § 541
(c») to the extent such facility is used in the transmission of video
programming directly to subscribers, unless the extent of such use is solely
to provide interactive on-demand services;
(d) an open video system that complies with 47 U.S.C. § 653.
(e) any facilities of any electric utility used solely for operating its
electric utility systems.
F. "Converter" means an electronic device which converts signals to a frequency

acceptable to a television receiver of a Subscriber and by an appropriate selector permits -105-
a Subscriber to view allSubscriber signals included in the service.
G. "Drop" means the cable that connects the ground block on the Subscriber's
residence to the nearest feeder cable of the System.
H. "FCC" means the Federal Communications Commission or successor

governmental entity thereto.
1. "Franchise" means an initial authorization, or renewal thereof (including a

renewal of an authorization which has been granted subject to 47 U.S.C. § 546) issued by
a Grantor, whether such authorization is designated as a franchise, permit, license,
resolution, contract, certificate, agreement, or otherwise, which authorizes the
construction or operation of a cable system.
J. "Grantor" means the City of Whitefish or any lawful successor.
K. "Franchise Fee" means any tax, fee, or assessment of any kind imposed by the
Grantor or other governmental entity on a Franchisee or its Cable Subscribers, or both,
solely because of their status as such, pursuant to this Agreement. The term "Franchise
Fee" does not include: (i) any tax, fee, or assessment of general applicability (including
any such tax, fee, or assessment imposed on both utilities and Cable Operators or their
Cable Services but not including a tax, fee, or assessment that is unduly discriminatory
against Franchisees or Cable Subscribers); (ii) Capital Costs that are required by a
2.
Franchise to be incurred by a Franchisee for public, educational or governmental ("PEG")
Access facilities; (iii) requirements or charges incidental to the award or enforcement of a
Franchise, including payments for bonds, security funds, letters of credit, insurance,
indemnification, penalties, or liquidated damages; or (iv) any fee imposed under Title 17
of the United States Code.
L. "Grantee" means Bresnan Communications, LLC, or the lawful successor,

transferee, or assignee thereof.
M. "Gross Revenue" means revenue received by the Grantee from the provision of
Cable Services over the Cable System in the Service Area, provided, however, that such
phrase shall not include: (1) any tax, fee or assessment of general applicability collected
by the Grantee from Subscribers for pass-through to a government agency, including the
FCC User Fee; and (2) umecovered bad debt.
N. "Open Video Services or OVS" means any video programming Services provided
to any person by a Franchisee certified by the FCC to operate an Open Video System
pursuant to Section 47 U.S.C. 573, as may be amended, regardless of the Facilities used.
o. "Person" means an individual, partnership, association, joint stock company, trust,

corporation, or governmental entity.
P. "Public Way" shall mean the surface of, and the space above and below, any
public street, highway, freeway, bridge, land path, alley, court, boulevard, sidewalk,
-106-" c
parkway, way, lane, public way, drive, circle, or other public right-of-way, including, but
not limited to,public utility easements, dedicated utility strips, or rights-of-way dedicated
for compatible uses and any temporary or permanent fixtures or improvements located
thereon now or hereafter held by the Grantor in the Service Area which shall entitle the
Grantor and the Grantee to the use thereof for the purpose of installing, operating,
repairing, and maintaining the Cable System. Public Way shall also mean any easement
now or hereafter held by the Grantor within the Service Area for the purpose of public
travel, or for utility or public service use dedicated for compatible uses, and shall include
other easements or rights-of-way as shall within their proper use and meaning entitle the
Grantor and the Grantee to the use thereof for the purposes of installing and operating the
Grantee's Cable System over poles, wires, cables, conductors, ducts, conduits, vaults,
manholes, amplifiers, appliances, attachments, and other property as may be ordinarily
necessary and pertinent to the Cable System.
Q. "Service Area" means the present boundaries of the Grantor, and shall include any
additions thereto by annexation or other legal means, subject to the exceptions in
subsection 3.9.
R. "Standard Installation" is defined as any service installation that can be completed

using a Drop of one hundred twenty five (125) feet or less.
S. "Subscriber" means any Person who lawfully receives Cable Service of the Cable
System with the Grantee's express permission.
T. "Video Programming" means any programming provided by, or generally
considered comparable to programming provided by a television broadcast station.
SECTION 2.
Grant of Franchise
2.1 Franchise Required. It shall be unlawful for any Person to construct, operate or
maintain a Cable System or to provide Cable Service or other competing multichannel video
services, including OVS, in the City without a Franchise in the form of a Franchise Agreement
authorizing the same, unless applicable federal or State law prohibits the City's enforcement of
such a requirement.
2.2 Grant. The Grantor hereby grants to the Grantee a nonexclusive Franchise which
authorizes the Grantee to construct and operate a Cable System in, along, among, upon, across,
above, over, under, or in any manner connected with Public Ways within the Service Area, and
for that purpose to erect, install, construct, repair, replace, reconstruct, maintain, or retain in, on,
over, under, upon, across, or along any Public Way such facilities and equipment as may be
necessary or appurtenant to the Cable System.
2.3 Other Ordinances. The Grantee agrees to comply with the terms of any lawfully
adopted generally applicable local ordinance, to the extent that the provisions of the ordinance do
not have the effect of limiting the benefits or expanding the obligations of the Grantee that are
granted by this Franchise. Neither party may unilaterally alter the material rights and obligations
set forth in this Franchise. In the event of a conflict between any ordinance and this Franchise,
<the Franchise shall control, provided however that the Grantee agrees that it is subject tQ the -107-
lawful exercise of the police power of the Grantor.
2.4 Level Plaving Field. Any Franchises granted by the Grantor shall only authorize or
permit any Person providing Video Programming to enter into the Grantor's Public Ways on the
same terms or conditions as those contained in this Franchise Agreement in order that one
operator not be granted an unfair competitive advantage over another, and to provide all parties
equal protection under the law.
2.5 !.£!:!!!. The Franchise granted hereunder shall be for an initial term of five (5) years
commencing on the effective date of the Franchise as set forth in subsection 8.7, unless
otherwise lawfully terminated in accordance with the terms of this Franchise.
SECTION 3.
Standards of Service
3.1 Conditions of Occupancy. The Cable System installed by the_ Grantee pursuant to the
terms hereof shall be located so as to cause a minimum of interference with the proper use of
Public Ways and with the rights and reasonable convenience of property owners who own
property that adjoins any of such Public Ways.
3.2 Restoration of Public Wavs. If during the course of the Grantee's construction,
operation, or maintenance of the Cable System there occurs a disturbance of any Public Way by
the Grantee, Grantee shall replace and restore such Public Way to a condition reasonably
4.
comparable to the condition of the Public Way existing immediately prior to such disturbance.
(a) In the event of disturbance of any street or private property by the Grantee, it shall, at its own
expense and in a manner approved by the Grantor and the owner, replace and restore such
street/ROW or private property in as good a condition as before the work. (b) If the Grantee fails
to perform such replacement or restoration, the Grantor or the owner shall have the right to do so
at the sole expense of the Grantee. Payment to the Grantor or owner for such replacement or
restoration shall be immediate, upon demand, by the Grantee. All requests for replacement or
restoring of such ROW or private property as may have been disturbed must be in writing to the
Grantee.
3.3 Relocation for the Grantor. Upon its receipt of reasonable advance written notice, to be
not less than five (5) business days, the Grantee shall protect, support, raise, lower, temporarily
disconnect, relocate in or remove from the Public Way, any property of the Grantee when
lawfully required by the Grantor by reason of traffic conditions, public safety, street
abandonment, freeway and street construction, change or establishment of street grade,
installation of sewers, drains, gas or water pipes, or any other type of public structures or
improvements which are not used to compete with the Grantee's services. The Grantee shall in
all cases have the right of abandonment of its property.
3.4 Relocation for a Third Partv. The Grantee shall, on the request of any Person holding a
lawful permit issued by the Grantor, protect, support, raise, lower, temporarily disconnect,
relocate in or remove from the Public Way as necessary any property of the Grantee, provided:
(A) the expense of such is paid by said Person benefiting from the relocation, including, if
required by the Grantee, making such payment in advance; and (B) the Grantee is given
-108- reasonable advance written notice to prepare for such. changes. For purposes of thi s subsection,
"reasonable advance written notice" shall be no less than ten (l0) business days in the event of a
temporary relocation, and no less than one hundred twenty (120) days for a permanent
relocation.
3.5 Trimming of Trees and Shrubbery. The Grantee shall have the authority to trim trees
or other natural growth in order to access and maintain the Cable System. Grantee acknowledges
that Grantor has been designated a "Tree City USA," and acknowledges that the Grantor and the
residents of the City of Whitefish take pride in the quality and quantity of trees and other foliage
within the City of Whitefish. When trimming trees or other natural growth Grantee shall take
steps to ensure that only necessary trimming is performed, and will attempt to notify individual
residents prior to conducting trimming on their property or in the public right-of-way in front of
or beside their property.
3.6 Safetv Requirements. Construction, operation, and maintenance of the Cable System
shall be performed in an orderly and workmanlike manner. All such work shall be performed in
substantial accordance with generally applicable federal, state, and local regulations and the
National Electric Safety Code. The Cable System shall not endanger or unreasonably interfere
with the safety of Persons or property in the Service Area.
3.7 Underground Construction. In those areas of the Service Area where all of the
transmission or distribution facilities of the respective public utilities providing telephone
communications and electric services are underground, the Grantee likewise shall construct,
5.
operate, and maintain its Cable System underground. Nothing contained in this Section shall
require the Grantee to construct, operate, and maintain underground any ground-mounted
appurtenances.
3.8 Access to Open Trenches. The Grantor agrees to include the Grantee in the platting
process for any new subdivision. At a minimum, the Grantor agrees to require as a condition of
issuing a permit for open trenching to any utility or developer that (A) the utility or developer
give the Grantee at least ten (l0) days advance written notice of the availability of the open
trench, and (B) that the utility or developer provide the Grantee with reasonable access to the
open trench.
3.9 Required Extensions of the Cable SYstem. Whenever the Grantee receives a request
for Cable Service from a Subscriber in a contiguous unserved area where there are at least
fifteen (15) residences within 1320 cable-bearing strand feet (one-quarter cable mile) from the
portion of the Grantee's trunk or distribution cable which is to be extended, it shall extend its
Cable System to such Subscribers at no cost to said Subscribers for the Cable System extension,
other than the published Standard/non-Standard Installation fees charged to all Subscribers.
3.10 Subscriber Charges for Extensions of the Cable System. No Subscriber shall be
refused service arbitrarily. However, if an area does not meet the density requirements of
subsection 3.9 above, the Grantee shall only be required to extend the Cable System to
Subscriber(s) in that area if the Subscriber(s) are willing to share the capital costs of extending
the Cable System. Specifically, the Grantee shall contribute a capital amount equal to the
construction cost per mile, multiplied by a fraction whose numerator equals the actual number of
residences per 1320 cable-bearing strand feet from the Grantee's trunk or distribution cable, and -109-
whose denominator equals fifteen (15). Subscribers who request service hereunder shall bear the
remaining cost to extend the Cable System on a pro rata basis. The Grantee may require that
payment of the capital contribution in aid of construction borne by such potential Subscribers be
paid in advance. Subscribers shall also be responsible for any non-Standard Installation charges
to extend the Cable System from the tap to the residence.
3.11 Cable Service to Public Buildings. The Grantee, upon request, shall provide without
charge, a Standard Installation and one outlet of Basic Cable to those administrative buildings
owned and occupied by the Grantor, fire station(s), police station(s), and K-12 public school(s)
that are within one hundred fifty feet of its Cable System. The Cable Service provided shall not
be distributed beyond the originally installed outlet without authorization from the Grantee. The
Cable Service provided shall not be used for commercial purposes, and such outlets shall not be
located in areas open to the public. The Grantor shall take reasonable precautions to prevent any
use of the Grantee's Cable System in any manner that results in the inappropriate use thereof or
any loss or damage to the Cable System. The Grantor shall hold the Grantee harmless from any
and all liability or claims arising out of the provision and use of Cable Service required by this
subsection. Grantee shall, upon request, provide without charge, a Standard Installation and
four (4) outlets of Basic Cable to Grantor's New City Hall Offices, and six (6) outlets of Basic
Cable to Grantor's New Emergency Services Center, if constructed during the term of this
Agreement or any extension thereof. The Grantee shall not be required to provide an outlet to
such buildings where a non-Standard Installation is required, unless the Grantor or building
owner/occupant agrees to pay the incremental cost of any necessary Cable System extension
6.
and/or non-Standard Installation. If additional outlets of Basic Cable are provided to such
- buildings, the building owner/occupant shall pay the usual installation and service fees
associated therewith.
3.12 Emergency Use. If the Grantee provides an Emergency Alert System ("EAS"), then the
Grantor shall permit only appropriately trained and authorized Persons to operate the EAS
equipment and shall take reasonable precautions to prevent any use of the Grantee's Cable
System in any manner that results in inappropriate use thereof, or any loss or damage to the
Cable System. Except to the extent expressly prohibited by law, the Grantor shall hold the
Grantee, its employees, officers and assignees harmless from any claims arising out of use of the
EAS, including, but not limited to, reasonable attorneys' fees and costs.
3.13 Reimbursement of Costs. If funds are available to any Person using the Public Way for
the purpose of defraying the cost of any ofthe foregoing, the Grantor shall reimburse the Grantee
in the same manner in which other Persons affected by the requirement are reimbursed. If the
funds are controlled by another governmental entity, the Grantor shall make application for such
funds on behalf of the Grantee.
SECTION 4.
Regulation bv the Grantor
4.1 Franchise Fee.
A. The Grantee shall pay to the Grantor an annual franchise fee of five percent
(5.0%) of annual Gross Revenue (as defined in subsection 1.1 of this Franchise). In
-110-
accordance with the Cable Act, the three (3) month period applicable under the Franchise
for the computation of the franchise fee shall be a calendar quarter. The franchise fee
payment shall be due quarterly and payable within ninety (90) days after the close of the
preceding calendar quarter. Each payment shall be accompanied by a brief report
prepared by a representative of the Grantee showing the basis for the computation.
B. Limitation on Franchise Fee Actions. The period oflimitation for recovery of any
franchise fee payable hereunder shall be three (3) years from the date on which payment
by the Grantee is due.
4.2 Rates and Charges. The Grantor may regulate rates for the provision of Basic Cable
and equipment as expressly permitted by federal or state law.
4.3 Renewal of Franchise.
A. The Grantor and the Grantee agree that any proceedings undertaken by the
Grantor that relate to the renewal of the Grantee's Franchise shall be governed by and
comply with the provisions of Section 626 of the Cable Act.
B. In addition to the procedures set forth in said Section 626(a), the Grantor agrees to
notify the Grantee of all of its assessments regarding the identity of future cable-related
community needs and interests, as well as the past performance of the Grantee under the
then current Franchise term. The Grantor further agrees that such assessments shall be
7.
provided to the Grantee promptly so that the Grantee has adequate time to submit a
proposal under Section 626(b) of the Cable Act and complete renewal of the Franchise
prior to expiration of its term.
C. Notwithstanding anything to the contrary set forth in this subsection 4.3, the
Grantee and the Grantor agree that at any time during the term of the then current
Franchise, while affording the public appropriate notice and opportunity to comment, the
Grantor and the Grantee may agree to undertake and finalize informal negotiations
regarding renewal of the then current Franchise and the Grantor may grant a renewal
thereof.
D. The Grantee and the Grantor consider the terms set forth in this subsection 4.3 to
be consistent with the express provisions of Section 626 of the Cable Act.
4.4 Conditions of Sale. The Grantee and the Grantor agree that in the case of a final
determination of a lawful revocation of the Franchise, the Grantee shall be given at least
twelve (12) months to effectuate a transfer of its Cable System to a qualified third party.
Furthermore, the Grantee shall be authorized to continue to operate pursuant to the terms of its
prior Franchise during this period. If, at the end of that time, the Grantee is unsuccessful in
procuring a qualified transferee or assignee of its Cable System which is reasonably acceptable
to the Grantor, the Grantee and the Grantor may avail themselves of any rights they may have
pursuant to federal or state law. It is further agreed that the Grantee's continued operation of the
Cable System during the twelve (12) month period shall not be deemed to be a waiver, nor an
extinguishment of: any rights of either the Grantor or the Grantee.
Of -111-
4.5 Transfer of Franchise. The Grantee's right, title, or interest in the Franchise shall not be
sold, transferred, assigned, or otherwise encumbered, other than to an entity controlling,
controlled by, or under common control with the Grantee, without the prior consent of the
Grantor, such consent not to be unreasonably withheld. No such consent shall be required,
however, for a transfer in trust, by mortgage, by other hypothecation, or by assignment of any
rights, title, or interest of the Grantee in the Franchise or Cable System in order to secure
indebtedness. Within thirty (30) days of receiving a request for transfer, the Grantor shall notify
the Grantee in writing of any additional information it reasonably requires to determine the legal,
financial and technical qualifications of the transferee. If the Grantor has not taken action on the
Grantee's request for transfer within one hundred twenty (120) days after receiving such request,
consent by the Grantor shall be deemed given.
SECTION 5.
Books and Records
The Grantee agrees that the Grantor, upon thirty (30) days written notice to the Grantee, may
review such of its books and records at the Grantee's business office, during normal business
hours and on a nondisruptive basis, as is reasonably necessary to ensure compliance with the
terms of this Franchise. Such notice shall specifically reference the Section of the Franchise
which is under review, so that the Grantee may organize the necessary books and records for
easy access by the Grantor. The Grantee shall not be required to maintain any books and records
for Franchise compliance purposes longer than three (3) years. Notwithstanding anything to the
8.
contrary set forth herein, the Grantee shall not be required to disclose information which it
reasonably deems to be proprietary or confidential in nature, nor disclose books and records of
any affiliate which is not providing Cable Service in the Service Area. The Grantor agrees to
treat any information disclosed by the Grantee as confidential and only to disclose it to
employees, representatives, and agents thereof that have a need to know, or in order to enforce
the provisions hereof. The Grantee shall not be required to provide Subscriber information in
violation of Section 631 of the Cable Act.
SECTION 6.
Insurance and Indemnification
6.1 Insurance Requirements. The Grantee shall m:lintain in full force and effect, at its own
cost and expense, during the term of the Franchise, Commercial General Liability Insurance in
the amount of $1,000,000 combined single limit for bodily injury and property damage. The
Grantor shall be designated as an additional insured. Such insurance shall be noncancellable
except upon thirty (30) days prior written notice to the Grantor. Upon written request, the
Grantee shall provide a Certificate of Insurance showing evidence of the coverage required by
this subsection.
6.2 Indemnification. The Grantee agrees to indemnify, save and hold harmless, and defend
the Grantor, its officers, boards and employees, from and against any liability for damages and
for any liability or claims resulting from property damage or bodily injury (including accidental
death), which arise out of the Grantee's construction, operation, or maintenance of its Cable
System, provided that the Grantor shall give the Grantee written notice of its obligation to
-112- indemnify the Grantor within ten (10) days of receipt of a claim '"or action pursuant to this
subsection. Notwithstanding the foregoing, the Grantee shall not indemnify the Grantor for any
damages, liability or claims resulting from the willful misconduct or negligence of the Grantor.
SECTION 7.
Enforcement and Termination of Franchise
7.1 Notice of Violation. In the event that the Grantor believes that the Grantee has not
complied with the terms of the Franchise, the Grantor shall informally discuss the matter with
Grantee. If these discussions do not lead to resolution of the problem, the Grantor shall notify
the Grantee in writing of the exact nature of the alleged noncompliance.
7.2 The Grantee's Right to Cure or Respond. The Grantee shall have thirty (30) days from
receipt of the notice described in subsection 7.1: (A) to respond to the Grantor, contesting the
assertion of noncompliance, or (B) to cure such default, or (C) in the event that, by the nature of
default, such default cannot be cured within the thirty (30) day period, initiate reasonable steps to
remedy such default and notify the Grantor of the steps being taken and the projected date .that
they will be completed.
7.3 Public Hearing. In the event that the Grantee fails to respond to the notice described in
subsection 7.1 pursuant to the procedures set forth in subsection 7.2, or in the event that the
alleged default is not remedied within thirty (30) days or the date projected pursuant to 7.2(C)
above, if it intends to continue its investigation into the default, then the Grantor shall schedule a
9.
public hearing. The Grantor shall provide the Grantee at least ten (10) days prior written notice
of such hearing, which specifies the time, place and purpose of such hearing, and provide the
Grantee the opportunity to be heard.
7.4 Enforcement. Subject to applicable federal and state law, in the event the Grantor, after
the hearing set forth in subsection 7.3, determines that the Grantee is in default of any provision
of the Franchise, the Grantor may:
A. Seek specific performance of any provision, which reasonably lends itself to such
remedy, as an alternative to damages; or
B. Commence an action at law for monetary damages or seek other equitable relief;
or
C. In the case of a substantial default of a material provision of the Franchise, seek to

revoke the Franchise in accordance with subsection 7.5.
7.5 Revocation. Should the Grantor seek to revoke the Franchise after following the
procedures set forth in subsections 7.1-7.4 above, the Grantor shall give written notice to the
Grantee of its intent. The notice shall set forth the exact nature of the noncompliance. The
Grantee shall have ninety (90) days from such notice to object in writing and to state its reasons
for such objection. In the event the Grantor has not received a satisfactory response from the
Grantee, it may then seek termination of the Franchise at a public hearing. The Grantor shall
cause to be served upon the Grantee, at least thirty (30) days prior to such public hearing, a
written notice specifying the time and place of such hearin~and stating its intent to revoke the -113-
Franchise. 9
At the designated hearing, the Grantor shall give the Grantee an opportunity to state its
position on the matter, after which it shall determine whether or not the Franchise shall be
revoked. The Grantee may appeal such determination to an appropriate court, which shall have
the power to review the decision of the Grantor de novo. Such appeal to the appropriate court
must be taken within sixty (60) days of the issuance of the determination of the Grantor.
The Grantor may, at its sole discretion, take any lawful action which it deems appropriate
to enforce the Grantor's rights under the Franchise in lieu of revocation of the Franchise.
7.6 Force Majeure. The Grantee shall not be held in default under, or in noncompliance
with, the provisions of the Franchise, nor suffer any enforcement or penalty relating to
noncompliance or default, where such noncompliance or alleged defaults occurred or were
caused by circumstances reasonably beyond the ability of the Grantee to anticipate and control.
This provision includes work delays caused by waiting for utility providers to service or monitor
their utility poles to which the Grantee's Cable System is attached, as well as unavailability of
materials andlor qualified labor to perform the work necessary.
Furthermore, the parties hereby agree that it is not the Grantor's intention to subject the
Grantee to penalties, fines, forfeitures or revocation of the Franchise for violations of the
Franchise where the violation was a good faith error that resulted in no or minimal negative
impact on the Subscribers within the Service Area, or where strict performance would result in
10.
practical difficulties and hardship to the Grantee which outweigh the benefit to be derived by the
Grantor and/or Subscribers.
SECTION 8.
Miscellaneous Provisions
8.1 Actions of Parties. In any action by the Grantor or the Grantee that is mandated or
permitted under the terms hereof, such party shall act in a reasonable, expeditious, and timely
manner. Furthermore, in any instance where approval or consent is required under the terms
hereof, such approval or consent shall not be umeasonably withheld.
8.2 Local Access Channel Agreement. The Grantor will have control of programming on
Local Access channels for up to a maximum of ten (10) hours per week. These times will be
mutually agreed upon by the Grantor and Grantee upon execution of this Agreement and shall be
used only for non-commercial purposes by the Grantor. Grantee shall take all steps reasonably
available to Grantee to ensure that Grantor's programming, and in particular the redistribution of
videotaped Grantor's Council Meetings, contain a high quality video and audio signal. Under
normal operating conditions, recordings of Grantor's Council Meetings shall initially be aired
within 48 hours of the actual meetings. Grantor will indemnify and hold Grantee harmless
against any liability for claims or damages arising from Grantor's programming.
8.3 Entire Agreement. This Franchise constitutes the entire agreement between the Grantee
and the Grantor. Amendments to this Franchise shall be mutually agreed to in writing by the
parties.
-114-
8.4 Notice. Unless expr~ssly otherwise agreed between the parties, every notice or response
required by this Franchise to be served upon the Grantor or the Grantee shall be in writing, and
shall be deemed to have been duly given to the required party when placed in a properly sealed
and correctly addressed envelope: a) upon receipt when hand delivered with
receipt/acknowledgment, b) upon receipt when sent certified, registered mail, or c) within five
(5) business days after having been posted in the regular mail.
The notices or responses to the Grantor shall be addressed as follows:
City of Whitefish
PO Box 158
418 Second Street East
Whitefish, MT 59937
The notices or responses to the Grantee shall be addressed as follows:
Robert V. Bresnan
Senior Vice President and General Counsel
Bresnan Communications, LLC
One Manhattanville Road
Purchase, NY 10577
11.
with a copy to:
Sean O'Donnell
Regional VP and General Manager
Bresnan Communications
1860 Monad Road
Billings, MT 59102
The Grantor and the Grantee may designate such other address or addresses from time to time by
giving notice to the other in the manner provided for in this subsection.
8.5 Descriptive Headings. The captions to Sections and subsections contained herein are
intended solely to facilitate the reading thereof. Such captions shall not affect the meaning or
interpretation of the text herein.
8.6 Severability. If any Section, subsection, sentence, paragraph, term, or provision hereof
is determined to be illegal, invalid, or unconstitutional, by any court of competent jurisdiction or
by any state or federal regulatory authority having jurisdiction thereof, such determination shall
have no effect on the validity of any other Section, subsection, sentence, paragraph, term or
provision hereof, all of which will remain in full force and effect for the term of the Franchise.
8.7 Effective Date. The effective date of this Franchise is September 5, 2007. This
Franchise may be extended by the mutual agreement of the parties.
Considered and approved this S-t11

, day of ~bw, 2007. " -115-
Signature:-+~~~==2't:.~~~~_ __
Name/Title:
~
Accepted this ~ day of ~ferv. ~ bf'{L- , L-= C7, subject to applicable federal, state and
local law.
BRESNAN COMMUNICATIONS. LLC
Signature di~~
Name/Title: ~6fSE/Cv ~s,....v!p1,N
Senior Vice President
Of Its Manager
846055.1
12.
Bresnan Communications
1860 Monad Rd.
Billings, MT 59102
Office: 406.238-7700
Fax: 406.238-7777
www.bresnan.com
October 15,2009
Chuck Steams
City Manager
418 East Second Street
PO Box 158
Whitefish, MT 59937
Bresnan Communications, LLC has appreciated its opportunity to serve Whitefish and its
residents. We are now looking forward to the renewal of our franchise between now and
September 5,2012.
As you may know, the Cable Communications Policy Act of 1984, as amended by the
Cable Television Consumer Protection and Competition Act of 1992 (Cable Act)
contains provisions which detail a procedure for the renewal of franchises. In order to
comply with these provisions, Bresnan Communications, LLC is formally requesting that
-116- Vlhtefish commence renewal proceedings in accordance with the requirements of Section
626(a) of the Cable Act.
The Cable Act does, however, in section 626(h), provide for renewal of franchises
without going through the extensive, formal procedure specified in Sections 626(a)
through (g). It seems to us that the informal process may be preferable for all concerned.
We would like to meet with you at your earliest convenience to discuss the renewal
proceedings outlined in the Cable Act.
We look forward to meeting with you in the near future and to a continuing, mutually
beneficial relationship.
Regional Vice President
Cc: Bob Bresnan
your link to TOMORROW

-1 -
CITY OF WHITEFISH
NOTICE OF PUBLIC HEARING
Bresnan Communications LLC Cable Television System

Community Needs Assessment Phase I
NOTICE IS HEREBY GIVEN that the Whitefish City Council will hold a public hearing
to provide an opportunity for the public to comment on the Bresnan Communications
LLC cable television franchise agreement renewal process and specific cable television
issues as they relate to cable operator performance and community access television.
The public hearing will be held on Monday, April 5,2010 beginning at 7:10 p.m. in the
Whitefish City Council Meeting room, located in City Hall, 402 East Second Street,
Whitefish, Montana.
The current cable television franchise agreement between the City of Whitefish and
Bresnan Communications LLC was approved and enacted for a five year term on
September 5, 2007. Thus, the term of the current agreement ends on September 5,2012 -117-
and Bresnan Communications LLC has requested that the City of Whitefish commence
renewal proceedings in accordance with the Cable Communications Policy Act of 1984
as amended by the Cable Television Consumer Protection and Competition Act of 1992
(collectively called the Cable Act). The City of Whitefish can proceed in either a formal
or informal renewal process as prescribed in the Cable Act.
Part of the determination of proceeding in either a formal or informal renewal process is

an ascertainment of community needs in relation to cable television system performance,
vendor customer service and performance, and public/educational/government local
access television. The public is invited to appear at the public hearing on April 5, 2010
and provide comment on any of these areas of the Bresnan Communications LLC cable
television system.
Specific areas of interest include:
• Reviewing the performance of the cable operator under the franchise during the
current franchise term since 2007 including:
o Level of compliance with current franchise and ordinance obligations
o System design and cable plant performance including picture and sound
quality, capability, and reliability
o Customer service including telephone response, repair appointments, and
billing
o Public, educational, and government local access television including
condition of facilities and equipment and picture and sound quality
• Identifying future cable related community needs and interests including:

o Public, educational, and government local access channel options and
usage
o Future cable television system design or programming needs
Everyone is welcome and invited to attend and participate in this initial, scoping public
hearing to help determine if there is community interest in a broader needs assessment for
future improvements to the cable television system.
Public comments are welcome at the hearing or may be submitted prior to the hearing at
the office of the City Clerk, 418 East Second Street, P.O. Box 158, Whitefish, Montana
59937 or by email to nlorang@cityofwhitefish.org.
Additional information regarding the Bresnan Communications LLC franchise agreement

may be obtained from Chuck Stearns, City Manager, at City Hall, 418 East Second Street
in Whitefish, by telephoning him at 863-2406, or by email at
csteams@cityofwhitefish.org.
-118:':
Please publish on March 25, 2010 and April 1, 2010 in the Legal Notices Section of the
Whitefish Pilot.
Cable Franchise Renewal and Local Right of Way Management http://library.findlaw.coml1998/Nov/ I / 127026.html
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I. RENEWAL PROCESSES UNDER CABLE ACT II. PEG ACCESS ISSUES DURING CABLE Best global brands
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FRANCHISE RENEWAL III. OTHER FACTORS TO BE CONSIDERED DURING RENEWAL Cable
franchise renewal presents a challenge and opportunity for franchising authorities (usually cities)
who seek to ensure that their communities will have modern systems capable of serving their future
needs and interests. A well-conducted franchise renewal is necessary if a city is going to ensurc that
their needs and interests will be met. Many of the most important issues relate to public, educational
and governmental ("PEG") channels, particularly the amount of capacity (channels, or bandwidth as
the)ndustry moves into a digital environment) and the requisite level offunding for such access to be
meaningful in a functional sense. Franchising authorities that undertake the process in a well
thought-out manner, that conduct the ascertainment process thoroughly, that pay attention to
community needs and interests, and that persevere can achieve resulting cable service best suited to
their needs and interests. Two renewals completed earlier this year that provide for capacity and
support for PEG access at levels that should permit these channels to be successful and thrive are
Monterey, California and Montgomery County, Maryland. The ability of video programming
providers to provide service through Open Video Systems ("OVS") presents another challenge (and
opportunity) for franchising authorities. Although OVS providers are not subject to the full range of
franchising obligations, they are subject to PEG access obligations and responsible for the payment of
franchise fee equivalents. The OVS Agreement between the City of New York and RCN Telecom
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Services of New York, Inc. has most of the significant provisions of a cable television franchise. In an
Attorney
order issued on June 30, which is now on appeal, the FCC sanctioned a potential new loophole in the Corporate Counsel
ability of local governments to regulate cable providers by allowing a satellite master antenna Academic
television ("SMA1V") provider serving multiple dwelling units through a common carrier's wires to Judicial Clerk
Summer Associate
escape local cable franchise obligations. The FCC's decision may open the way for other companies
Intern
(including cable companies) to split off portions of what is now a regulated as a cable system to other Law Librarian
companies in order to cease being cable operators subject to cable franchising.
1. RENEWAL PROCESSES UNDER CABLE ACT The procedures for renewing a cable franchise
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are governed primarily by federal law. See Section 626 of the Cable Communications Policy Act of View More
a
1984,47 U.S.C. A§ 546. Under that Act, franchising authority can follow either, or both, of two -119-
processes available for franchise renewal: a formal and an informal renewal process. Generally, a
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cable operator will ask the city to begin formal proceedings at the same time it asks the city to begin
to negotiate informally. If informal negotiations fall through, a city and cable operator can then
proceed through the formal renewal process. The statutory and procedural standards for denial of
renewal differ, depending on the procedure followed. While a franchising authority has great latitude
in negotiating informally, a renewal request offered during formal proceedings can be denied only on
Kaplan & Greenswag LLC
one of four grounds established in the Act. The 1984 Act reflects Congress' notion that "a cable Illinois franchise attorneys Transactional &
operator whose past performance and proposal for future performance meet the standards Dispute Resolution
established by this section [will] be granted renewal," H.R. Rep. No. 98-934, at 7 (1984). Nonetheless,
the Act does not guarantee the operator renewal. A franchising authority which follows Cable Act
procedures and develops an appropriate administrative record may deny renewal if the operator's
service has been unsatisfactory in the past, or if the operator is unwilling (or unable) to promise to
provide the services, facilities and equipment necessary to meet the future cable-related "needs and
interests" of the community. Section 626, 47 U.S.C A§546.
A. Informal Process. Section 626(h), 47 U.S.c. A§S46(h), provides that renewal can be requested
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by a cable operator at any time. The franchising authority may grant or deny a renewal request for There's a reason we can offer a 100~day
any "legitimate reason" (consistent with state and local law) "after affording the public adequate money-back guarantee.
notice and opportunity for comment." These procedures were included in the Cable Act to make it www.abacusJaw.com
clear that a cable operator and a city could attempt to resolve franchise issues through informal Corporate Counsel Center
negotiations. Visit FindLaw's Corporate Counsel Center
corporate. 6nciJaw. com
B. Formal Process. Section 626(a)-(g), 47 U.S.C. A§S46(a)-(g), sets forth the "formal" renewal Legal Technology Center
provisions of the Cable Act. Either the franchising authority (on 'its own initiative) or the cable Law technology articles, event listings,
operator (by submitting a written renewal notice to the city) can activate the process during the and e.-discovery info.
six-month period beginning three years before franchise expiration. If the operator does not submit a techno/ogy.fmdlaw.com
request to the city during this six-month window, the city is under no legal obligation to follow
formal Cable Act procedures A- unless the city has commenced a formal proceeding on its own
initiative. In \~rtually all cases, operators ask cities to begin formal proceedings and at the same time
also ask cities to negotiate informally. This "two-track" process is contemplated by the Cable Act. A
city faced with such a request must establish procedures which allow it to proceed on both tracks in a
manner consistent with federal law or risk finding itself in court. The procedures for formal or
informal renewal proceedings should be devised so that the city is able to review the state of the
20f3 2112120102:45 PM
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;TATUTORY FRAMEWORK: FORMAL RENEWAL PROCEDURES http://www.millervaneaton.comlcfr99/formal.httnl
STATUTORY FRAMEWORK: FORMAL RENEWAL PROCEDURES
A Background
1. The formal renewal process is initiated either by the cable operator's submitting a written notice to
the franchising authority requesting the commencement of formal renewal proceedings, or by the
franchising authority initiating such proceedings on its own.
2. If the cable operator has timely requested the franchising authority to begin formal renewal
proceedings, renewal cannot be denied without recourse to the formal process (unless the operator
defaults on the process), although it may be possible to revoke a franchise even after renewal
proceedings have begun.
B. Renewal Notice.
3. Timing of renewal notice. Section 626(a)(1) provides that a franchising authority may, on its
own initiative, during the 6-month period beginning 36 months prior to the expiration of the franchise,
commence formal franchise renewal proceedings. Cable operator may initiate formal proceedings
by providing franchising authority with proper written notice within that time period.
4. Requisites of proper notice from cable operator. The renewal notice must request that the
franchising authority commence renewal proceedings under the Cable Act. See Triad CA TV, Inc. v.
The City of Hastings and Americable International-Michigan, Inc, 89-30090LA (W.o. Mich. filed
October 2, 1989). Court held operator lost renewal rights under Cable Act because notice requesting
renewal not timely and notice did not state intent to renew utilizing Cable Act procedures.
C. Needs Ascertainment.
1. First stage in formal renewal process. Cable Act allows franchising authority six months from
the date of submission of renewal notice to commence ascertainment process. Process intended to
give public and franchising authority opportunity to identify future cable-related community needs and
interests and review past performance of cable operator (§ 626(a)).
2. Ascertainment can be accomplished through a variety of tools, including public hearings,

surveys, focus groups, interviews, and reports and audits of the operator's past performance.
D. Renewal Proposal.
1. Second stage of renewal process. Proposal may be submitted upon request offranchising -121-
authority or cable operator's initiative"
2. A proposal initiated by franchising authority may establish requirements for facilities and
equipment that are related to operation of system, including proposals for an upgrade, but not for
video programming or other information services, all subject to § 624(b).
3. Section 622(b) limits franchise fee to 5% of cable operator's gross revenue. However, not all
payments made by the operator are franchise fees, e.g., funds contributed by cable operator as
capital costs of PEG are not considered part of franchise fee (§ 622(g)).
4. A franchising authority can establish deadlines for submission of formal proposal (§ 626(b)(3)).
Such deadlines must conform to state and local law and must be communicated to the cable
operator in writing. See Eastern Telecom Corporation v. Borough of East Conemaugh, et a/., 872
F.2d 30, 35 (3rd Cir. 1989).
5. The franchising authority cannot require submission of formal proposal prior to completion of
ascertainment proceeding (House Report at 73), and upon submission of formal proposal, must
provide prompt notice of the proposal (§ 626(c)(1 )).
6. The franchising authority must decide to renew or preliminarily deny within four months of receipt
of proposal.
E. Administrative Proceeding for Denial.
1. If the renewal proposal is preliminarily denied, the cable operator can request administrative
proceedings, or such proceedings may begin upon franchising authority's own initiative. § 626(c)(1).
In such an administrative proceeding the cable operator must be given adequate notice and fair
opportunity for full participation, including the right to introduce evidence, to require the production of
evidence and to question witnesses. A transcript of the proceedings must be made.
2. If the cable operator believes the franchising authority is unfairly biased, it must raise its objections
during administrative proceeding or they shall be deemed waived. See Rolla Cable System, Inc., v.
City of Rolla, 89-211C(2) (E.o. Mo. April 15, 1991). Rolla narrowly defined bias as a personal or
institutional financial interest in the outcome of the renewal proceedings.
3. A franchising authority's decision to grant renewal upon terms unacceptable to cable operator
may be treated as denial. House Report at 75.
lof2 2112/20102:46 PM
T ATUTORY FRAMEWORK: FORMAL RENEWAL PROCEDURES http://www.millervaneaton.com!cfr99/formal.html
4, ANY FINAL DECISION NOT TO RENEW MUST BE BASED ON AN ADVERSE FINDING

WITH RESPECT TO ONE OF FOUR FACTORS:
a, Whether the cable operator has substantially complied with the material terms
of the franchise and applicable law, Any violations occurring after 12129/84
(effective date of Cable Act) cannot be held against cable operator unless it has
been given notice and opportunity to cure, § 626(d),
b, Whether the quality of the cable operator's service, including signal quality,
response to consumer complaints, and billing practices, but without regard to the
mix or quality of cable services or other services provided over the system has
been reasonable in light of community needs, Any violations occurring after
12/29184 (effective date of Cable Act) cannot be held against cable operator
unless it has been given notice and opportunity to cure, § 626(d),
c, Whether the cable operator has the financial, legal and technical ability to
provide the services, facilities and equipment as set forth in the cable operator's
proposal. Past performance relevant and may be considered in reaching decision
on cable operator's technical ability, Rolla at 26,
d, Whether the cable operator's proposal is reasonable to meet the future cable-
related community needs and interests, taking into account the cost of meeting
such needs and interests, The franchising authority may not deny a proposal on
the basis of a comparative bid, but "a court should defer to the franchising
authority's identification of the community's needs and interests except to the
extent necessary to weigh the needs and interests against the cost of
implementing them," Union CA TV, Inc, v, City of Sturgis, 107 F,3d 434 (6th CiL
1997),
5, Upon completion ofthe administrative proceeding, the franchising authority must issue a written
decision stating the reasons for denial. §,626(c)(3),
F, Judicial Review,
Following final denial, cable operator must file an appeal in federal or state court within 120 days of receipt of the notice
ofthe decision, §§ 626(e)(1), 635, If any action of the franchising authority is not in compliance with the Cable Act or the
cable operator demonstrates that the adverse finding with respect to each of the four criteria was not supported by a
preponderance of the evidence, on the record of the proceedings, the court is directe(l;;io grant appropriate relief.
-122- However, no relief granted for "harmless error", § 626(e)(2), '
20f2 2112/20102:46 PM
CABLE COMMUNICATIONS POLICY ACT OF 1984
as amended by the
CABLE TELEVISION CONSUMER PROTECTION

AND COMPETITION ACT OF 1992
Section 626(a) Commencement of Proceedings;

Public Notice and Participation
(1) A franchising authority may, on its own initiative during the 6-month period
which begins with the 36th month before the franchise expiration,
commence a proceeding which affords the public in the franchise area
appropriate notioe and participation for the purpose of: -123-
(A) identifying the future cable-related community needs and

interests, and
(B) reviewing the performance of the cable operator under the

franchise during the then current franchise term. If the cable
operator submits, during such 6-month period, a written
renewal notice requesting the commencement of such a
proceeding, the franchising authority shall commence such a
proceeding not later than 6 months after the date such notice
is submitted.
Prepared by: The Buske Group Page 1

IDENTIFYING FUTURE CABLE RELATED COMMUNITY NEEDS AND INTERESTS
• Performance Evaluation of Existing Cable Television Operations

- Level of compliance with current franchise and ordinance obligations
- System design and cable plant performance
* Picture and sound quality
* Capability (channel capacity, interactivity, etc.)
* Reliability (outage history)
- Customer service
* Telephone response
* Repair appointments
* Billing
- Financial analysis (including accuracy of franchise fee payments)
- PEG Access
* Condition of facilities and equipment
* Equipment usage levels, original programming amounts
* Evaluation of training program
* Number of people trained, certified users and program providers
* Community outreach and promotional efforts
* Viewership studies
-124-
• Phone or Mail Survey of Cable Subscribers and Non-Subscribers
• Focus Group Workshops (include brainstorming & questionnaires)

- Government departments and agencies
- Educational institutions
- Current Access users
Nonprofit organizations in areas such as community service, social
service, health care, youth, and senior citizen services
- Minority groups
- Local neighborhood associations and business organizations
- Arts, culture, and heritage groups and organizations
- Church groups and religious organizations
• Community Leader Round Table and/or Personal Interviews

(include brainstorming & questionnaires)
• Strategic Plans and Position Papers from Workshop and Round Table
Participants (analyze their info distribution and technology plans)
• Public Hearing(s)
• Consolidate All Information Gathered as Basis for Franchise Renewal Goals

1. Scope and General Methods.
A needs assessment must be conducted to identify future cable-related community needs,

interests and concerns relative to the franchise renewal process.
A valuable method used to identify community needs is a series of structured workshops

designed to reach primary cable user groups. Participants in the workshops are asked to
answer questions which would enable the City/County to identify future cable-related needs
and interests, as well as identify concerns regarding the operator's performance. Such
structured workshops are very successful in assuring that a user's expression of needs,
interests and concerns is well-informed. These workshops are also successful in developing
significant involvement in the franchising process by a wide variety of vitally interested
groups. The method is efficient, because it permits the City/County to obtain information
relevant to a number of critical franchising tasks through a series of simple and inexpensive
sessions. In short, the workshop method creates a sizable, informed, and involved
constituency, often useful in subsequent negotiations and in the political process.
-125-
Cities frequently find that they also need to have a mail or telephone subscriber survey
conducted. Either a mail or telephone survey can develop very useful information which can
prove to be extremely valuable during the negotiation process. A telephone or mail survey, in
combination with the community workshops discussed above, provides a strong foundation
from which a City/County can proceed with confidence during any negotiations.
The City/County should also hold a series of hearings to provide an opportunity for the
public to address issues being explored through the assessment process and review of past
performance. This would not only permit the City/County to comply with any formal Cable Act
renewal requirements, it would maximize public participation and support for the renewal
process.

The needs assessment would conclude with a compilation of the results of all needs
assessment activities, and the formulation of specific recommendations that would be the
basis of proposed franchise provisions. The reports prepared can be presented as part of
any renewal proceedings conducted by the City/County consistent with the Cable Act.
2. Ascertainment Workshops.
These workshops involve presentations that speak to the specific interests of critical cable
user groups in the City/County. Such workshops are often designed to target the following
groups:
• Government departments and agencies.
• Nonprofit organizations in areas such as community service, social service,

health care, youth, and senior citizen services.
-126- • Arts, culture, and heritage groups and organizations.
• K-12 Educational institutions.
• Post secondary educational institutions.
• Interested public and citizens at large.
Each workshop would include an intensive introduction explaining the nature of modern
cable service in critical areas (e.g. , programming, consumer service, system design and
technology, PEG access, and non-entertainment uses of the system, including video, voice
and data services). Special emphasis would be placed on presenting the industry
developments most pertinent to each targeted workshop, and reviewing the experiences of
similar groups locally and other jurisdictions. Current and developing federal regulatory policy
would be summarized as needed. Ample opportunity for questions and clarifications would
be provided.
Prepared by: The Buske Group Page4

Following the introductory educational segment of the workshop, a group brainstorming

process would allow participants to clarify their thinking on what uses of cable service they
would most like to see maintained or made possible through the franchising process.
Each participant would complete the workshop by filling out a questionnaire designed to
clearly express user needs to be fulfilled in the renewal process. Workshop participants
would also be asked to identify existing problems with delivery of cable services.
The ascertainment of community needs and interests in the areas of public, educational
and government (PEG) access is also important. PEG access represents a rich opportunity
for community uses of the cable communications medium, The Cable Act and subsequent
federal legislation permits franchising authorities to require certain support for PEG access.
In addition, many cable companies have found it in their own larger interest to agree through
negotiation to provide a broad range of support for capital equipment and facilities, dedicated
access channels, organizational support, and other services.
Through the workshop process, the kind and degree of future community uses likely in the -127-
City/County could be documented, taking into account experiences in comparable cities.
These workshops would complement information gathered specific to current access
channels, equipment, facilities and services.
3. Identify System Design Needs.
An effort to determine the kind of cable system required to meet future community needs
is another important element of this process. Part of this task would be accomplished
through the workshop process. Workshop participants would not be asked to become
technical experts. However, introductory presentations in these forums would include a
review of the current and developing "state-of-the-art" for new cable systems, as well as
those being rebuilt or upgraded today.

In addition, a technical audit of the cable system conducted by qualified engineers can
provide valuable information regarding the condition of the existing system. By considering
the current system and its condition and capability in light of the identified community needs
and interests, necessary technical changes can be determined that must be made to the
existing cable system (i.e., upgrade or rebuild) in order to meet those community needs and
interests.
Finally, consider community demographics and new developments by the cable industry
in other locales. Based on this information, the City/County negotiating team can assess:
• Rebuild or Upgrade Channel Capacity Requirements.
An assessment would be made as to the degree of upgrade or rebuild that

would be necessary to provide services at a level indicated by the needs
assessment results.
• Two-way Interactive Service Requirements: Voice, Video, Data.

-128- 'V
Many modern urban cable systems today have the activated capacity to
provide two-way services such as data and voice transmission, and video
transmission from remote locations. Some requirements are related to
institutional uses. However, others are required for effective delivery of
services to individual subscribers. The needs assessment process would
include introductory information regarding two-way and advanced cable
service, and, through the workshop process, should result in the initial
identification of two-way and advanced video services that might be
significantly used on the cable system by ordinary subscribers.
• Requirements Which Ensure User-Friendliness.
Many cable systems are being designed to assure that subscribers would be
better able to choose the package of cable services desired, to ensure that
those services are delivered in a way which does not interfere with the use of
VCR's, home video game terminals and the like. For example, most new or
upgraded systems today include up-to-date technology for pay-per-view
programming. There are many ways of accomplishing pay-per-view. Some

• Requirements Which Ensure User-Friendliness. (continued)
cable systems utilize two-way addressable converter technology for instant,

push-button program choice. Others rely upon a subscriber calling the cable
company on the phone for an individual program. Still others offer a package of
programs over a period of time which are activated through a decoder mailed to
the subscriber by the company, or through switching equipment manipulated by
cable company personnel in a box outside the subscriber's home. It is
reasonable to request that appropriate technology be provided in a franchise
that would optimize the ability of subscribers to receive diverse information
through a choice of packages. Following the technical review of the system
and the results of the needs. assessment, the City/County negotiating team
would formulate the substance of any proposed franchise provisions regarding
technology to maximize consumer choice.
• Technical Standards.
The Federal Communication Commission has provisions that control. technical

standards for cable systems, but permit cities and cable companies to agree to -129-
some technical standards appropriate to system design and community needs
and to place them, with provision for review and revision, in the cable franchise
agreement. Franchise' provisions requiring periodic technical tests by the
companies and good reporting to the City/County are also advisable.
Appropriate technical standards and supporting franchise provisions should
therefore be developed as part of the renewal project.

COMMUNITY NEEDS ASSESSMENT
SUMMARY OF RECOMMENDED ACTIVITIES
• Review Franchise Agreement and all actions of City/County Council

regarding cable during the term of the franchise.
• Review all files on cable including performance audits and reviews,

correspondence, etc.
81 Analyze past performance and identify problems (if any).
81 Create· a special Committee or direct current Cable Advisory

Committee or Board to be a player in renewal process (especially
during the assessment of community needs and interests).
81 Interested parties should discuss their concerns with Cable Advisory

Committee or Board, elected officials, and key City/County staff.
-130- 81 Conduct a telephone or mail survey of cable subscribers and non·

subscribers to determine current attitudes of residents with respect
to cable TV matters.
81 Educate community organizations and local leaders about franchise

renewal and cable-related issues. Focus group workshops and/or
round tables are very effective.
81 Educate the local media - they can be of great assistance.
81 Solicit input on future needs and interests through questionnaires,

letters of support, community group strategic plans, position papers,
etc.
81 Encourage active community involvement in the public hearing

process.
• Develop a concise set of goals for franchise renewal negotiations.

(' ,::::}:'''''' C-i-""'r:) 1",:::'
_""I .....'jJu-.J. ~L\,.,./
RESOLUTION NO.1 0-_

APPROVING AN INCREASE IN THE RATES FOR SOLID WASTE COLLECTION AND
DiSPOSAL.
WHEREAS, the City currently contracts with a private company to collect and
dispose of solid waste from City residents; and
WHEREAS, the City charges City residents for the cost of solid waste collection and
disposal, and then uses the funds collected to compensate the City's contractor; and
WHEREAS, City staff has determined that it is necessary and appropriate to

increase the rates that the City charges for solid waste collection and disposal; and
WHEREAS, in order to initiate the process for increasing the appropriate rates, the
City scheduled a public hearing before the Whitefish City Council, to be held at 7:10PM on
April 5, 2010; and
WHEREAS, prior to such hearing, a notice of the type required by Section 69-7-111,
MCA, was published in the Whitefish Pilot three times, in compliance with Subsection 3(a);
and+
WHEREAS, a notice similar to that referenced above was also mailed to all persons -131-
receiving solid waste collection and disposal service, in the manner required by
Subsection 3(b) of Section 69-7-111; and
WHEREAS, a similar notice was mailed, first class, postage prepaid, to the Montana
Consumer Counsel, as required by Subsection 5 of Section 69-7-111, MCA; and
WHEREAS, all notices referenced above complied fully with the requirements of
Section 69-7-111, MCA; and
WHEREAS, at the April 5, 2010, public hearing, the City Council permitted all
interested persons to speak, and all written comments received prior to the hearing were
considered by the City Council and made a part of the public record; and
WHEREAS, upon completion ofthe public hearing, the City Council determined that
it would be in the best interests of the City, and its inhabitants, to approve the proposed
rate increase;

Section 1: All of the recitals set forth above are hereby adopted as Findings of
Fact.
-1-
Section 2: The new rates as shown on Exhibit "A," attached hereto and
incorporated herein by reference, are hereby adopted and approved, and City Public
Works staff is directed to implement the new rates beginning ten (10) days after the date of
adoption of this Resolution by the City Council.
City Council, and signing by the Mayor thereof, but implementation of the new rates shall
be delayed ten (10) days, as set forth above.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF WHITEFISH,

MONTANA, ON THIS DAY OF ,2010.

ATTEST:
-132-
-2-
Exhibit A - Solid Waste Rates
#OF SIZE Current City
CO NT OF Bill to City Billing New Bill to City Bill %
OR P/U CONT Customer Rate Increase Customer Increase
Residential
0 N/A N/A N/A $3.00
1 CART $7.50 $1.00 $8.50 13%
1 BP CART $9.00 $1.25 $10.25 14%
Commercial 1 Business
0 N/A N/A N/A $6.50
1 CART $11.00 $1.00 $12.00 9%
1 BP CART $12.50 $1.25 $13.75 10%
1 300 GAL $24.77 $3.45 $28.22 14%
SHARED
1 300 gal $15.14 $1.72 $16.86 11%
1 1.5 YO $45.50 $7.15 $52.65 16%
1 2YO $50.50 $8.05 $58.55 16%
1 2YOBP $55.11 $8.87 $63.98 16%
1 3YO $53.50 $8.58 $62.08 16%
1 3YO BP $58.51 $9.48 $67.99 16%
1 4YO $71.50 $11.80 $83.30 17%
1 4YOBP $76.90 $12.77 $89.67 17%
1 6YO $93.50 $15.73 $109.23 17%
1 6YO BP $99.75 $16.85 $116.60 17%
1 ayo $117.50 $20.03 $137.53 17% -133-
BP = Bear Proof containers
All accounts within the City shall be charged a minimum fee, $3.00 for residential or $6.50 for commercial, in addition to any
collection service charges.
All overnight or weekly rental units shall be charged at commercial rates.
An admin fee of $2.00 per residence is included in the Residential rate. An admin fee of $5.50 per business is included in the
Commercial rate.
To calculate more than one residential cart multiply "New Bill to Customer" column by number of carts and/or number of
residences.
To calculate more than one commercial cart and/or pick-up and/or more than one business, subtract $5.50 from the "New Bill
to Customer" column, then mUltiply by number of carts and/or number of pick-ups, then add number of businesses mUltiplied
by $5.50.
Example: Three businesses on one account share two 300 gal that is picked up three times per week. Take the 300 gal rate of
$28.22 and subtract $5.50 to get $22.72. Multiply $22.72 by the number of containers (two) to get $45.44, and then multiply by
the number of pick-ups per week (three). The result is $136.32. Now multiply the number of businesses (three) by $5.50 and add
to the previous result-$136.32+($5.50 x 3). The total monthly bill is $152.82. As this is one account, these businesses do not
qualify for the shared 300 gal rate, and the businesses will need to decide among themselves how to split the cost. Usually they
have one account because there is only one water meter.
Extra collection charges for absent carts or refuse outside of containers will be charged the cost of collection billed to the City
plus a $1.00 administration fee.
All new accounts requiring service at a location not previously served or accounts requesting additional cart(s) will be assessed
a one-time charge of the cost of the cart(s) billed to the city plus a $5.00 set-up fee.
Memo
To: Mayor Mike Jenson and City Councilors
from: Rich Knapp, Assistant City Manager/Finance Director f1.~/!(

Date: April 5,2010
Re: Solid Waste Rate Increase
Our contracted solid waste collection company has increased rates every year for the past five
years, and the City has not passed this cost to the customer. Staff proposes an increase to
match these increases thereby keeping the Solid Waste Fund solvent.
History
In May 2004, the City moved from collecting solid waste in house to contracting with Montana
Waste Systems, Inc., however the billing remains in house. The five year contract included an
increase of 2.78% every July 1st. At the beginning of the contract MWS billed the City $5.50
per can and the City billed the resident $7.50 in order to cover the City's administrative costs.
As of July 1, 2009, MWS is billing the City $6.31 per can and the City is still billing $7.50.
The once $2 admin spread is currently $1.19. The percentage increase from the beginning of
-134- the contract to the current rate is 14.7%, and the CPI-U percentage increase (inflation) for the
same period was 14.2%. The City has been able to not increase rates by spending down the
$200,000 cash balance the City maintained before contracting out with MWS. The cash
balance subsidized inflation, and kept the rate at 2004 levels.
Current Report
On July 1,2010, MWS will raise their rate again by 2.78%. After the July 1,2010, the Solid
Waste Fund will lose a projected monthly amount of $7,000 if rates remain the same. In order
to maintain solvency in Solid Waste, the City will need to pass on rate increases from MWS.
This equates to a $1 increase for residential. The City will need to increase commercial rates by
same amount MWS has increased rates to the city-see attachment.
In addition, if a customer leaves an extra bag next to their can, MWS will charge the City $5.50
per bag-MWS calls it a "City Extra". The City then manually adds those charges to the
customer's bill every month. Staff proposes adding a $1.00 admin fee for this service.
The proposed rate increase will generate a projected $7,312 monthly.
Recommendation
Staff recommends the City Council increase residential rates by $1.00, and a $1.00 admin fee
for each "city extra". In addition, raise commercial rate in accordance with the attached
schedule.
NQIICE_QF_HEARINGQN
PRQPQSt=PCI::IANGEJN SOLIP WASTERATE$
The Whitefish City Council will meet at 7:10 PM at Whitefish City Hal!, 402 East Second Street, on AprH 5,
2010. for the purpose of conducting a public hearing regarding a proposed increase in the charge for solid
waste service within the City. The solid waste rates are proposed to be increased as set forth below:
# OF SIZE
July 1 2010 Current City City Billing
CONT OF Rate Billed Existing Admin Bill to Rate New Bill to City Bill %
or P/U CaNT to Fee
_____.L_______________________ Customer
1 ____ ._1- Increase Customer Increase
.... -- -
-~-.-~- L --
.______________. _______, _ _ . . ____B~~!c:;I~.flQ~ . _ ,--- ...
N/A 82.00 per residence N/A $ 1.00 $ 3.00 50%

-$~:~-~-- $2.00 residence Ji ?~5_~_. _. _. $ 1.00 $ 8.50 --
I
13%
S 8.25 $2.00 per residence_ $ 9.00 ._..L..........:S::......;.1.25 S 10.25 14"/"
1 CART
1 BP CART
1 300 GAL
1 SHARED
1 1.5 YD
1 2 YO
1 2 YD BP
,
1 3 YO
3 YO BP
,
1 4 YO
4 YD BP
1 6 YO
1 6 YD BP 17%
1 8 YO $132.03 $5.50 per business $117.50 $20.03 $137.53 17%
BP '" Bear Proof containers
All accounts within the City shall be charged the new minimum fee, $3.00 for residential or $6.50 for commercial, in
addition to any collection service charges. All overnight or weekly rental units shall be charged at commercial rates.
To calculate more than one residential cart multiply "New Bill to Customer" column by number of carts and/or number
of residenoes.
To oaloulate more than one business multiply "New alii to Customer" oolumn by number of carts and/or number 01
businesses,
Extra collection charges for absent carts or refuse outside of containers will be charged the cost of collection billed
to the City plus a $1.00 administration fee.
All new accounts requiring service at Ii location not previously served or accounts requesting additional cart(s) will
be assessed a one-time charge of the cost of the cart(s) billed to the city plus a $5.00 set-up fee.
Any person concerned with these proposed changes may appear at this public hearing and make oral
statements or present the same in writing. Written comments may be submitted for Council consideration il
delivered or mailed to City Clerk, PO Box i 58, 418 East Second Street, Whitefish, MT 59937. prior to the
aring.
Detailed schedules ot the proposed rates are available tor examination at the Utility Billing Office, 418
East Second Street, Whitefish. MT 59937, and questions should be directed to Rose Ellrott m Sheri Baccaro a1
(406) 863-2460.
Solid Waste Rates Analysis
*Rate Increase from Montana Waste of 2. 78% every July 1
*Table Applies to Residential
Charge per can %
from Montana Increase $ Increase City Rate Admin
Waste from 2004 from 2004 1st Can Spread
(1 ) (2) (2)-(1 )
May 1, 2004 $5.50 $7.50 $2.00
Jul1,2005 $5.65 2.8% $0.15 $7.50 $1.85
Ju11,2006 $5.81 5.6% $0.31 $7.50 $1.69
Jul 1, 2007 $5.97 8.6% $0.47 $7.50 $1.53
Jul 1,2008 $6.14 11.6% $0.64 $7.50 $1.36
Ju11,2009 $6.31 14.7% $0.81 $7.50 $1.19
Jul 1, 2010 $6.48 17.88% $0.98 $7.50 $1.02
2010 Proposed $6.48 17.82% $0.98 $8.50 $2.02
Percent Increase from $7.50 to $8.50 is 13.3%

The following numbers apply to Commericial & Residential
City's Current Monthly Revenue from Charges $48,800

Projected Monthly Revenue after Rate Increase $ 56,087
Projected July 2010 Monthly Shortfall--No Increase ($7,000)

New Revenue From Fee Increase $ 7,312
Projected Net Rev July 2010--17.82% Increase $ 312
-136-
CPI-U
May 2004 189.1
Solid Waste Cash
Dec2009 ______~2~1~5~.9~449 $250,000
Total Inflation 14.20%
$200,000
$150,000
Additional Information $100,000
Residential Customers $50,000

72 or 2.5% of customers with bear proof cans
239 or 8.3% of customers on recycling $-
114 or 4% of customers with a second can
FY04 FY05 FY06 FY07 FY08 FY09 Jan-lO
Bear proof cans would go from $9.00 to $10.25

Recycling has not been subject to the increase so it has always been $4
Other Info
60% of total bill to City is commericial, 40% Residential
An average of $575 in "City Extras" is billed to City every month
Kalispell has been charging $9.00 per can for the last 2 years
RESOLUTION NO.1 0-_

APPROVING AN INCREASE IN THE RATES FOR SEWER SERVICE SUPPLIED BY
THE CITY OF WHITEFISH.
WHEREAS, the City operates a sewer collection and treatment system, and
provides service to residents of the City and to persons living outside of the City; and
WHEREAS, City staff has determined that it is necessary and appropriate to

increase the rates that the City charges for the sewer service that it provides; and
WHEREAS, in order to initiate the process for increasing the appropriate rates, the
City scheduled a public hearing before the Whitefish City Council, to be held at 7: 10 PM on
April 5, 2010; and
WHEREAS, priorto such hearing, a notice of the type required by Section 69-7-111,
MCA, was published in the Whitefish Pilot three times, in compliance with Subsection 3(a);
and
WHEREAS, a notice similar to that referenced above was also mailed to all persons
receiving sewer service, in the manner required by Subsection 3(b) of Section 69-7-111;
and
-137-
WHEREAS, a similar notice was mailed, first class, postage prepaid, to the Montana
Consumer Counsel, as required by Subsection 5 of Section 69-7-111, MCA; and
WHEREAS, all notices referenced above complied fully with the requirements of
Section 69-7-111, MCA; and
WHEREAS, at the April 5, 2010, public hearing, the City Council permitted all
interested persons to speak, and all written comments received prior to the hearing were
considered by the City Council and made a part of the public record; and
WHEREAS, upon completion of the public hearing, the City Council determined that
it would be in the best interests of the City, and its inhabitants, to approve the proposed
rate increase;

Fact.
Section 2: The new rates as shown on Exhibit "A," attached hereto and
incorporated herein by reference, are hereby adopted and approved, and City Public
-1-
Works staff is directed to implement the new rates beginning ten (10) days after the date of
adoption of this Resolution by the City Council.
City Council, and signing by the Mayor thereof, but implementation of the new rates shall
be delayed ten (10) days, as set forth above.

MONTANA, ON THIS DAY OF ,2010.

ATTEST:
-138-
-2-
EXHIBIT "A"
CHANGE IN SEWER RATES
Pro osed Rates

Sewer service
Class
Overall increase 11.7% 3324 -139-
Sewer Service Class represents the number of sewer pumping stations that serve the customers area and/or the
complexity of the system and costs to provide sewer service to the property.
Outside City customers proposed rates will increase the same percentage as the rates for inside City customers
within the same service class.
March 23, 2010
Whitefish City Council

City Clerk
P.O. Box 158
nd
418 East 2 Street
Whitefish, MT 59937
Dear Whitefish City Council,

This letter is regarding the proposed rate increases of the Whitefish City Sewer.
I do not favor any increase in sewer rates at this time. With the economy in its present
state that it has faced these past few years more and more people are suffering financially
and having a hard time making ends meet. I can't think of a more inappropriate time to
spring an 11.7% hike increase on the citizens of this town. I feel that the Council of
Whitefish with its expertise could fine an alternative plan of income to cover the rising
cost of operations, maintenance and cash flow requirements of their debt obligations.
I'm hoping that the Council will reconsider their proposal and come up with a lesser
burden on their own citizens. I have seen the Council do such great things in the past and
I know they can do it again in this situation by looking to other income sources. The
citizens of Whitefish depend on your intellectuality please do not let them down.
-140- Sincerely, '"

--,''--.
/--.-_\---:~ ,I.
.7l/laY-~
. --.~ _._-
-'
(
.-'-... _.-...
Debbie MaHams
300 Parkhill Dr
Whitefish, MT 59937
406-862-2113
P.O. Box 158 • Whitefish, MT 59937 • (406) 863-2400 • Fax: (406) 863-2419
March 30, 2010
Mayor Jenson and City Councilors

City of Whitefish
Whitefish, Montana
Mayor Jenson and Councilors
Recommendation to Adopt a Resolution Establishing

New Rates and Charges for Sewer Service
Introduction/H istory
The Public Works Department has published a "Notice of Hearing on Proposed
Change in Sewer Rates" in the local newspaper and mailed a separate notice to
each of our wastewater customers. These notices describe the proposed
changes and inform the public of a hearing to be conducted at the regular City
th
Council meeting on April 5 . Copies are attached.
Current Report
The City Council considered this sewer rate increase at the March 151 City
Council workshop and directed staff to schedule a public hearing. Selected -141-
portions ofthe information provided for the workshop are attached. This includes
an overview of the Wastewater System Improvements Project, along with cost
estimates and a preliminary project budget.
Revenue from the proposed rate increase would also enable us to reconstruct
water and sewer facilities in coordination with MDT's US Highway 93 Whitefish
West Project.
The proposed rate increase will provide approximately $194,000 in new annual
revenue, as necessary to finance proposed capital improvements. Monthly
sewer bills will increase less than 2% for 40% of our customers, while the
average increase for all customers is estimated at 11.7%.
Recommendation
We respectfully recommend the City Council conduct a public hearing and adopt
the proposed resolution, thereby enacting a change in rates and charges for
sewer service, effective on May 1, 2010.
o
ublic Works Director
CITY OF WHITEFISH
NOTICE OF PROPOSED CHANGE IN SEWER RATES
A proposal by the City of Whitefish to Increase the rates and charges for sewer service will be
presented at a Public Hearing on Monday, April 5, 2010 In the City Council Chambers at City Hall
The Council meeting will begin at 7 10 pm and the public hearing will begin as soon as possible
thereafter The sewer rate increase is necessary to cover the cost of Improvements Identified In the
2006 Wastewater Utility Plan, the rising costs of operations and maintenance and cash flow
requirements for debt obligations ThiS rate proposal provides for an approximate 11 7% Increase
The sewer rates consist of two main components 1) The BasIc Service Charge which covers
the normally recurring utility costs such as debt service, administration, billing and customer service
2) The Commodity Charge which covers costs of collection, pumping and treatment and IS based on
the amount of water consumption The current minimum BasIc Service Charge IS $17.20 and the
minimum Commodity Rate IS $2 83 per thousand gallons of water used The proposed minimum
BasIc Service Charge would remain at $17.20 with the commodity rate Increasing to $2 88 for Service
Class 1 (SC-1) customers located Inside the City limits
The BasIc Service Charges and Commodity Rates increase as the cost of proViding service
Increases, due to additional pumping requirements and specific on-site system component
maintenance Based on an analysis of all accounts the overall revenue from sewer charges will
Increase approximately 11 7%. The low Income and senior discount provides a 75% reduction In the
Basic Service Charge for each customer service class The average individual resldenlial monthly
charges will Increase from less than $1 00 up to $31.07 per month depending on the customers'
service classification and consumption.
Any person concerned with these proposed changes may appear at thiS public hearing and
make oral statements or present the same in writing Written comments may be submitted for '
Council consideration if delivered or mailed to the City Clerk at POBox 158, 418 Second Street.
-142-3flsh MT 59937, prior to the hearing. "
Detailed schedules of the proposed rates, Including the low Income and senior discount, are
available for examination at the Water Office 418 Second Street East, Whitefish, Montana 59937,
and questions should be directed to Rose Elliott or Sherr! Baccaro at (406)863-2460 or
publlcworks@cityofwhlteflsh.org
The follOWing IS an example of the changes proposed for the InSide City customer
classification based on annual average usage for each service class
ESTlMA TEf) MONTHL J' A VERA GES

EXISTING PROPOSED PROPOSED
AVERAGE AVERAGE ,
SERVICE TOTAL MONTHLY
CLASS CUSTOMERS CHARGE CHARGE INCREASE
SC-1 1,833 $34.69 $35.00 $0.31
SC-2 1,004 $47.43 $57,28 $9;85
I
SC-3 111 $50.97 I $61.86 $10.89
e- i
STEP 13 $107.52 I. $138,59 $31,07
GRINDER 25 $61.99 $76,02 $14,03
For Information about which Service Class you are located In please contact Rose Elliott or
Emily Emmert at City Hall (406)863-2456 or (406)863-2457
NOTICE OF HEARING ON
PROPOSED CHANGE IN SEWER RATES
The Whitefish City Council will meet at 7: 10 PM at Whitefish City Hall, 402 East Second Street,
•.m AprilS, 2010, for the purpose of conducting a public hearing regarding a proposed increase in the
rates and charges for sewer service. The rate proposal provides for an overall 11.7% increase in
charges for service. Details of the proposed increase are set forth below:
Existing Rates Proposed Rates Average Monthly User

Sewer service Monthly Number of
Basic User Basic User Charges Percent Customer
Class
Charge Charge Charge Charge Existing Proposed Increase Accounts
SC-1 $17.20 $2.83 $17.20 $2.88 $34.69 $35.00 1% 1833

SC-1 Low/Sr. $4.30 $2.83 $4.30 $2.88 $12.68 $12.83 1% 163
SC-1 Outside $20.09 $4.31 $20.10 $4.44 $67.19 $68.65 2% 11
SC-2 $25.60 $4.12 $30.10 $5.13 $47.43 $57.28 21% 1004

SC-2 Low/Sr. $6.40 $4.12 $7.53 $5.13 $18.73 $22.88 22% 59
SC-2 Outside $28.49 $5.60 $33.72 $7.08 $46.47 $56.45 21% 35
SC-3 $30.60 $5.48 $35.09 $7.20 $50.97 $61.86 21% 111

SC-3 Low/Sr. $7.65 $5.48 $8.77 $7.20 $32.99 $42.07 28% 8
SC-3 Outside $33.49 $6.96 $38.68 $8.56 $167.52 $203.44 21% 1
STEP $36.70 $10.31 $45.58 $13.54 $107.52 $138.59 29% 13

STEP Low/Sr. $9.18 $10.31 $11.40 $13.54 $71.04 $92.64 30% 1
jTEP Outside $39.59 $11.79 $48.93 $17.46 $52.16 $67.54 29% 58 -143-
GRINDER $36.70 $8.61 $43.86 $10.95 $61.99 $76.02 23% 25

Grinder Low/Sr. $9.18 $8.61 $10.97 $10.95 $54.00 $67.98 26% 2
Overall increase 11.1% 3324
Sewer Service Class represents the number of sewer pumping stations that serve the customers area and/or the
complexity of the system and costs to provide sewer service to the property.
Outside City customers proposed rates will increase the same percentage as the rates for inside City customers
within the same service class.
Any person concemed with these proposed changes may appear at this public hearing and
make oral statements or present the same in writing. Written comments may be submitted for Council
consideratio~ if delivered or mailed to City Clerk, PO Box 158,418 East Second Street, Whitefish, MT
59937, prior to the hearing.
Detailed schedules of the proposed rates are available for examination at the Utility Billing
Office, 418 East Second Street, Whitefish, MT 59937, and questions should.be directed to Rose
Elliott or Sheri Baccaro at (406) 863-2460.
Please publish on March 18, March 25, and April 1, 2010, as a display advertisement in the
Whitefish Pilot.
P.O. Box 158 • Whitefish, MT 59937 (406) 863-2400 • Fax: (406) 863-2419
February 22, 2010
Mayor Jenson and City Councilors

City of Whitefish
Whitefish, Montana
Mayor Jenson and Councilors
Workshop to Discuss Staff's Proposal for a Wastewater Rate Increase
The wastewater division of the Public Works Department is faced with the dilemma of
financing major capital improvements during hard economic times. This agenda item for
the March 1sl City Council Workshop is to initiate a discussion about the need for certain
projects, as well as a staff proposal to finance those projects through higher rates for
sewer service.
Current Report
The attached packet includes excerpts from our 2008 applications for grant funds from
the State of Montana's Treasure State Endowment Program (TSEP) in the amount of
$500,000, and the Renewable Resource Grant and Loan Program (RRGL) in the
amount of $100,000. The information includes an overview of the need for these
ilJlprovements, as well as proposed engineering solutions and costs.
-144-
You will note some inconsistencies between the certain portions of the attached text and
the attached spreadsheet. The text was prepared for the grant application in May 2008,
while the spreadsheet was prepared just recently and reflects additional funds from the
Army Corps of Engineers. We will have more information at the workshop.
Our TSEP and RRGL applications were successful and the Legislature approved awards
for the two grants, totaling $600,000. We have also received a third grant from the Army
Corps of Engineers in the amount of $135,000 to help with design costs.
The final piece of the funding package is a low interest loan through the State Revolving
Fund (SFR) program in the amount of $865,000 to satisfy requirements for matching
dollars. Unfortunately, the present situation in the wastewater fund is such that staff
must recommend a rate increase to meet the cash flow requirements for such a loan.
Recommendation
We respectfully recommend the Council members review the attached information in
preparation for a more detailed discussion with staff at the March 1sl workshop.
C. Wilson
Public Works Director
Press Release -
City of Whitefish
Wastewater System Improvements Project
The proposed project planned by the City of Whitefish includes work on eXIstmg wastewater
collection system sewer mains and the addition of wastewater disinfection facilities at the treatment
plant. The collection system work includes either replacement or rehabilitation of over 10,000 lineal
feet of sewer mains in the City to address structural deficiencies in the conduits, lack of capacity or
reduction of infiltration and inflow. Additionally, improvements are proposed to add facilities for
disinfection of the treated wastewater discharged from the wastewater treatment plant into the
Whitefish River. These new facilities, while not currently required, will be needed in the near future
in response to the new MPDES discharge permit that the City recently received from the Montana
Department of Environmental Quality. The standards were lowered in the discharge permit to
require a reduction in the number of bacteria allowed in the wastewater plant discharge. Ultraviolet
disinfection and chlorination are being evaluated as viable options to provide the disinfection
capability. This project follows an ongoing $2.95 million dollars project at the wastewater plant to
add a new flocculating clarifier and pretreatment facilities, scheduled to start construction this year.
All of the wastewater system work is needed to replacing aging plant facilities, add capacity or to
address new regulatory standards.
The proposed project will cost approximately $1,500,000 for construction, engineering and
contingencies with an additional $97,000 estimated for administration, bond reserves and legal
expense. The City is seeking $600,000 in grant assistance for the project and the rest to be funded
with low interest loan proceeds or local funds. -145-
~
Q)
City of Whitefisn
WASTEWATER SYSTEM IMPROVEMENTS PROJECT
Funding Sources: COE, RRGL, TSEP, SRF and Local Funds
ADMINISTRATIVE SOURCE SOURCE SOURCE SOURCE SOURCE SOURCE
FINANCIAL COSTS: COE RRGL TSEP SRF Lac. Res. TOTAL
Personnel Costs $0 $0 $0 $0 $0 $0
Agency Administration $20,000 $0 $0 $0 $0 $20,000
Professional Adm Services $0 $0 $15,000 $10,000 $0 $25,000
Legal Costs $0 $0 $0 $0 $0 $0
Audit Fees $0 $0 $0 $0 $0 $0
Travel & Training $0 $0 $0 $0 $0 $0
Loan Fees $0 $0 $0 $0 $0 $0
Loan Reserves $0 $0 $0 $59,000 $0 $59,000
Interim Interest $0 $0 $0 $0 $0 $0
Bond Cost $0 $0 $0 $10,000 $0 $10,000
TOTAL ADMiN/FIN. COSTS ~20,OOO iQ $15,000 F9,OOO iQ ~114,000
COE RRGL TSEP SRF Loc. Res.

ACTIVITY COSTS:
Preliminary Engineering $0 $0 $0 $0 $0 $0
Special Studies $0 $0 $0 $0 $0 $0
Final Engineering Design $115,000 $0 $10,000 $0 $0 $125,000
Construction Inspection $0 $0 $0 $125,000 $0 $125,000
Construction $0 $100,000 $475,000 $511,000 $0 $1,086,000
Contingency $0 $0 $0 $150,000 $0 $150,000
TOTAL ACTIVITY COSTS ~115,OOO ~100,OOO ~485,OOO F86,OOO iQ $1,486,000

$0
TOTAL PROJECT COSTS I $135,000 I $100,000 $500,000 I $865,000 $0 I $1,600,000
Prepared Jan 2010 by SA
PROJECT SCOPE & COST BREAKDOWN USER COST ANALYSIS*
Sewer Line Replacement or Rehab $611,000 0.0715 3.75% CRF

UV Disinfection $475,000 0.0657 2.75% CRF
Contingencies (15%) $150,000 $ 32,850.00
Engineering, (20%) ~250,OOO $ 26,097.50
Total $1,486,000 Annual P&I $ 58,947.50
# Users 4200
Finance, Admininstration Cost ~114,OOO Monthly Cost $ 1.17
Total Project Cost $1,600,000 Coverage $ 0.23
*Assumes $500K loan @2.75% and 365K loan @3.75% Total Monthly Cost $ 1.40
OFFICE OF THE CITY ATTORNEY
John M. Phelps, City Attorney Keni L. Hopkins, Legal Assistant Post Office Box 158
jphelps@cityofwhitefish.org khopkins@cityofwhitefish.org Whitefish, MT 59937-0158
(406) 863-2444 (406) 863-2445 Facsimile (406) 863-1249
March 30, 2010
Honorable Mayor Jenson

and City Councilors
City of Whitefish
Whitefish, Montana
Dear Mayor Jenson and City Councilors:
Recommendation to Consider Amendment to

Urgency Ordinance Creating a Moratorium with
Respect to Medical Marijuana
Introduction/H istory
On December 7,2009, the City Council adopted Ordinance No. 09-24, which imposed a
moratorium on the opening of any establishments selling, growing or distributing
medical marijuana. Ordinance No. 09-24 directed the Planning Board to provide a -147-
recommendation to the Council regarding a permanent ordinance within three months,
or by approximately March 7, 2010. Ordinance No. 09-24 also exempted from the
moratorium any caregivers who provide medical marijuana to not more than three
At the Council's March 1 meeting, it directed staff to prepare an amendment to

Ordinance No. 09-24, which would allow the Planning Board more time to complete its
process, and that would eliminate the exemption for caregivers with three or fewer
When initially adopted, a moratorium of this type has only a six-month term. The
current moratorium, which began on December 7,2009, will expire on June 6,2010.
Unless a special meeting is called, the last regular Council meeting at which the
moratorium could be further extended is the May 17, 2010, Council meeting.
Current Report
hearing on the amended Urgency Ordinance until AprilS, 2010. The proper notices
have been provided, however, and a public hearing is scheduled for AprilS, 2010.
An amended Ordinance, which will accomplish the revisions requested by the Council,
is attached to this staff report.
and City Councilors
March 30, 2010
Page 2
There is no obvious financial impact from the adoption of the amended Ordinance. The
City has previously been threatened with litigation over these issues, and litigation could
be initiated at any time. Depending on the nature of the litigation, it could involve some
expense for the City.
Recommendation
City staff respectfully recommends that the City Council consider adoption of the
attached Ordinance. Because it is an amendment to an urgency ordinance, it will take
effect immediately, after only one reading.
submitted,
-148-
ORDINANCE NO.1 0-_
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

WHITEFISH, MONTANA, AMENDING ORDINANCE NO. 09-24, WHICH IMPOSED A
MORATORIUM ON THE OPENING, OPERATION OR LICENSING OF ANY
ESTABLISHMENTS THAT GROW, SELL OR DISTRIBUTE MEDICAL MARIJUANA.
WHEREAS, on December 7,2009, the Whitefish City Council adopted an Interim

Zoning Ordinance, pursuant to Section 76-2-306, MCA, which imposed a moratorium on
the opening, operation or licensing of any establishments that grow, sell or distribute
medical marijuana; and
WHEREAS, Ordinance No. 09-24 directed that the Whitefish City-County Planning
Board provide its recommendation to the City Council so that the City Council could
consider such issue within approximately three months of the enactment of Ordinance
No. 09-24; and
WHEREAS, Ordinance No. 09-24 exempted from the moratorium any caregivers
who provide medical marijuana to not more than three qualifying patients, and who
possess not more than six marijuana plants and one ounce of usable marijuana solely for
each patient's use; as a qualifying home occupation; and
WHEREAS, at its March 1,2010, regular Council meeting, the Whitefish City
Council directed City staff to prepare an amendment to Ordinance No. 09-24, which would
(1) prmQde the Planning Board with additional time to develop its recommendation, and -149-
(2) eliminate the exemption described above for caregivers who provide medical marijuana
to not more than three (3) qualifying patients; and
WHEREAS, after first having providing lawful public notice, as required by

Section 76-2-306(2), MCA, the City Council conducted a public hearing on April 5, 2010,
with respect to this proposed Ordinance, and invited public comment;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of

Fact.
Section 2: Ordinance No. 09-24, which is set forth below in its entirety, is amended
as shown below. Language that is being deleted in shown with strikethrough.
Section 1: All of the recitals set forth above are hereby adopted as
Findings of Fact.
Section 2: The terms "marijuana," "paraphernalia," "qualifying

patient," and "caregiver" have the meaning attributed to those terms by the
Medical Marijuana Act.
-1-
Section 3: The City of Whitefish hereby directs the Whitefish
Planning and Building Department to investigate and study the effect of the
opening of establishments that grow, sell or distribute medical marijuana or
paraphernalia and to make recommendations concerning new zoning
ordinances that could be adopted to better regulate and/or deal with such
establishments, to limit or prohibit any negative effect, or blight, upon the City
(and its entire zoning jurisdiction) and its inhabitants, or the schools,
recreational facilities, or neighborhoods located therein.
Section 4: The City of Whitefish directs the Whitefish Planning and

Building Department to present such investigation and recommendations to
the Whitefish City-County Planning Board, and that such Planning Board
provide its recommendation to the City Council, so that the City Council may
consider such issue within approximately three (3) months of the date of the
enactment of this Ordinance.
Section 5: Until such new ordinances, zoning or otherwise, are

adopted and in order to deal with the issues described above, any
establishments attempting to grow, sell or distribute medical marijuana or
paraphernalia are hereby prohibited from being opened, operated, or
licensed within the City of Whitefish and within one mile outside of its City
limits. The prohibition in the preceding sentence shall not apply to a
qualifying patient who possesses not more than six (6) marijuana plants and
one (1) ounce of usabl~ marijuana solely for that patient's own use, nor shall
-150- it apply to a caregiver 'I/ho provides medical marijuana to not more than
three (3) qualifying patients, and who possesses not more than six (6)
marijuana plants and one (1) ounce of usable marijuana solely for each
patient's use, as a qualifying home occupation.
Section 6: Any individual, entity, or establishment that violates the

terms of the restrictions set forth above shall be deemed to be creating a
public nuisance, and shall be subject to prosecution in the same manner as
one who violates City ordinances, and shall further be subject to such civil
action to restrain or abate, as the City deems appropriate. Such ability of the
City to prosecute and/or enjoin or abate is in addition to any other remedies
available to the City, at law or in equity.
Section 7: This Ordinance is made expressly retroactive and shall

apply to all applications for building permits, zoning variances, conditional
use permits, zoning changes, and all other applications for building and land
use permits, development activity, land use activity, land use changes,
business licensing, and any other applications for approval of any type or
nature, which had been received the City of Whitefish and not granted as of
the effective date of this Ordinance.
Section 3: The term of Ordinance No. 09-24, as amended herein, is not extended,
and the term shall expire six months from the date of the initial adoption of Ordinance
No. 09-24.
-2-
Section 4: In the event any word, phrase, clause, sentence, paragraph, section or
other part of the Ordinance set forth herein is held invalid by a court of competent
jurisdiction, such judgment shall affect only that part held invalid, and the remaining
provisions thereof shall continue in full force and effect.
Section 5: This Ordinance shall take effect immediately upon its adoption by the
City Council of the City of Whitefish, Montana, and signing by the Mayor thereof. No
second reading shall be required.

WHITEFISH, MONTANA, THIS DAY OF ,2010.

ATTEST:
-151 -
-3-
OFFICE OF THE CITY ATTORNEY
John M. Phelps, City Attorney Keni L. Hopkins, Legal Assistant Post Office Box 158
jphelps@cityofwhitefish.org khopkins@cityofwhitefish.org Whitefish, MT 59937-0158
(406) 863-2444 (406) 863-2445 Facsimile (406) 863-1249
March 30, 2010

and City Councilors
City of Whitefish
Whitefish, Montana
Dear Mayor Jenson and City Councilors:
Recommendation to Consider Interim Zoning Ordinance

Preventing the Issuance or Renewal of Temporary Vendor Permits
Pursuant to Ordinance No. 09-10, adopted by the City Council on August 17, 2009, a
new temporary vendor process was created. It allows for temporary vendors to apply
for a 60-day food and beverage permit, and allows them to operate outside of typical
communitywide or special events. The permit can be renewed for additional 60-day -152-
periods. It has created some difficult issues, with vendors passionately wanting to
operate in the downtown area, and at least one existing business adamantly opposed to
them doing so.
At the March 1, 2010, Council meeting, the City Council adopted the following motion:
Councilor Askew offered a motion, seconded by Councilor Mitchell, to

direct staff to initiate a code amendment to repeal the current vending
ordinance and create an urgency ordinance until they revise the vending
ordinance in a manner more suitable to the City. The motion passed 4-2
with Councilors Friel and Muhlfeld voting in opposition.
Current Report
hearing on an Urgency Ordinance until April 5, 2010. The proper notices have been
provided, however, and a public hearing is scheduled for April 5,2010. An Interim
Zoning Ordinance, which would establish a moratorium on the issuance or renewal of
any further vendor permits allowing food and beverage sales outside of a
communitywide or special event, is attached to this staff report.
There is no obvious financial impact from the adoption of the amended Ordinance.
and City Councilors
March 30, 2010
Page 2
Recommendation
City staff respectfully recommends that the City Council consider adoption of the
attached Ordinance. Because it is an amendment to an urgency ordinance, it will take
effect immediately, after only one reading. Staff will need further input from the City
Council regarding possible terms of a new, replacement Ordinance with respect to
temporary vendors.
submitted,
-153-
ORDINANCE NO.1 0-_
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

WHITEFISH, MONTANA, IMPOSING A MORATORIUM ON THE ISSUANCE OR
RENEWAL OF ANY TEMPORARY VENDOR PERMITS FOR FOOD AND BEVERAGE
SALES, OPERATING OUTSIDE OF A COMMUNITYWIDE OR SPECIAL EVENT, AND
DIRECTING (1) THE REPEAL OF THE ORDINANCE PROVIDING FOR SUCH PERMITS,
AND (2) THE STUDY OF POSSIBLE TERMS FOR A NEW PERMANENT ORDINANCE
REGARDING TEMPORARY VENDORS.
WHEREAS, the City's current Ordinance regulating temporary vendors is found at

Whitefish City Code Section 11-3-23, which was adopted pursuant to Ordinance No. 09-10,
on August 17, 2009; and
WHEREAS, since the adoption of Ordinance No. 09-10, the City has granted
temporary vendor permits for food and beverage sales, and also renewed such permits,
with the temporary vendors operating outside of a communitywide or special event; and
WHEREAS, the issuance and renewal of such temporary vendor permits has met
with strong opposition from a member of the business community, and has consumed
considerable staff time and Council time, and the City Council has expressed
dissatisfaction with the manner in which the City's Temporary Vendor Ordinance operates;
and
-154-
WHEREAS, it is the City Council's intent that the City Planning and Building "
Department initiate the repeal of the existing Temporary Vendor Ordinance and begin
study of terms for a new replacement Ordinance; and
WHEREAS, Section 76-2-306, MCA, permits a city to adopt an interim zoning

ordinance for the immediate preservation of the public peace, property, health, or safety,
which interim zoning ordinance may take effect immediately; and
WHEREAS, state law allows a city to adopt an interim zoning ordinance to protect
public safety, health, and welfare without following the procedures otherwise required
preliminary to the adoption of zoning ordinances, and such interim zoning ordinances may
prohibit uses that may be in conflict with the contemplated zoning proposal which the
legislative body is considering or intends to study within a reasonable time; and
WHEREAS, the City Council of the City of Whitefish has determined that the
issuance or renewal of any temporary vendor permits for food and beverage sales,
operating outside of a communitywide or special event, as otherwise allowed by Whitefish
City Code Section 11-3-23, would be detrimental to, harmful to, and a threat to the peace,
property, health, safety, and welfare of the City and its inhabitants, until such time as the
City has had an opportunity to further study such issue, and an opportunity to repeal the
City's existing Temporary Vendor Ordinance and consider possible terms for a new
replacement ordinance; and
-1-
WHEREAS, after first having provided lawful public notice, as required by
Section 76-2-306(2), MCA, the City Council conducted a public hearing on April 5, 2010,
with respect to this proposed Ordinance, and invited public comment;

Fact.
Section 2: The City of Whitefish hereby directs the Whitefish Planning and Building
Department to investigate and initiate the repeal of the City's existing Temporary Vendor
Ordinance, as it applies to food and beverage sales operating outside of a communitywide
or special event, and to make recommendations concerning a replacement Ordinance that
could be adopted to better regulate and/or deal with such vendor permits, and to limit or
prohibit any negative effect upon the City and its inhabitants.
Section 3: The City of Whitefish directs the Whitefish Planning and Building
Department to present such repeal and subsequent investigation and recommendations to
the Whitefish City-County Planning Board, and that such Planning Board provides its
recommendation to the City Council.
Section 4: Unless and until a new replacement zoning ordinance is adopted by the
Council, no further temporary vendor permits for food and beverage sales, operating
-155-
outside of a communitywide or special event, shall be approved by the Whitefish Planning
and Building Department, and no such permits shall be renewed. This prohibition shall
extend throughout the City of Whitefish and one mile outside of the City limits. Upon
expiration of any existing temporary vendor permits, further operation by such vendors
shall be unlawful, and shall represent a violation of the City Zoning Jurisdiction
Regulations, subjecting the violator to all penalties set forth in the Zoning Jurisdiction
Regulations.
Section 5: This Ordinance is made expressly retroactive and shall apply to all
applications for temporary vendor permits which have been received by the City of
Whitefish and not granted as of the effective date of this Ordinance.
Section 6: Pursuant to Section 76-2-306(3), MCA, this Ordinance shall be in effect

for six (6) months from the date of adoption thereof, but shall be of no further force and
effect after such period, unless extended by the City Council.
Section 7: In the event any word, phrase, clause, sentence, paragraph, section or
other part of the Ordinance set forth herein is held invalid by a court of competent
jurisdiction, such judgment shall affect only that part held invalid, and the remaining
provisions thereof shall continue in full force and effect.
-2-
Section 8: This Ordinance shall take effect immediately upon its adoption by the
City Council of the City of Whitefish, Montana, and signing by the Mayor thereof. No
second reading shall be required.


ATTEST:
-156-
-3-
, . pageet!
(tnls 1 ll1tentlOna
~. . }'1y D1a~lJ~1
1
se.pccare sect.1 ons)
CITY MANAGER REPORT
March 10,2010
CITY ATTORNEY APPLICATIONS
As of today, we have received 10 applications for the position of City Attorney after John Phelps
retires. Given this amount, unless a large number of additional applications arrives by 5 :00 p.m.
on Friday, my plan is to give the Mayor and each Council member a copy of all applications for
review and ask that each of you rank the top five candidates. Then we can decide whether you
want to limit interviews to three, four, five or whatever number. The process is up to the Mayor
and City Council, so if you want to do the review and decision process differently, please feel
free to do so.
BUDGET UPDATE
We decided to delay the budget update until the April 19th meeting because the packets had to be
completed today, March 31 S\ so the reve-Que and expenditure figures for the end of March are not -157-
complete. It typically takes 7-12 days after the end of the month to do month end transactions
and po stings. Therefore, to get a complete analysis and valid comparison to prior years, we
wanted the figures to be complete and accurate. Also, given the potential length of Monday's
meeting, we felt that meeting length was a second, minor reason to wait until April 19th •
HYDRO-ELECTRIC PROJECT GRANT AWARD
On Monday, March 29 th , we received notification that we were successful on our grant

application to DEQ for $200,000 for the hydro-electric project at the water reservoir. A copy of
the notice of award is attached with this report. Jeff Arcel of Mother's Power and I
collaborated on this grant application with additional help from John Wilson and Rich Knapp.
We will have to pay the balance of the $418,200 project from local funds, but this grant award
will ensure that the project goes forward.
Page 1 of 3
BUILDING PERMIT STIMULUS PROGRAM
As of March 31 st, we had processed only one payment for an impact fee reimbursement for a
building permit with impact fees inside the Tax Increment District. That reimbursement, paid
for with Tax Increment Funds, was for a new house at 319 Dakota Avenue and the impact fee
reimbursement equaled $7,757.23. Below is a chart showing March revenues for building
permits and plan reviews for recent years. So far, I would say that the program has gotten offto
a slow start.
March Building Revenues

$ 9,640 +
659 deposit
on 3/31 =
2010 $10,299
2009 $ 7,597
2008 $ 39,230
2007 $ 34,206
2006 $ 22,686
2005 $ 30,068
2004 $ 23,467
2003 $ 22,794
-158-
2010 CENSUS
Tomorrow, April 1st is the official Census date. The Census Bureau counts the number of
people at each residence as of April 1st.
As of today, March 31 st, Whitefish north of the railroad and north of US 93 west of Whitefish
had a mail in return rate of35% while Whitefish south ofthe railroad and south of US 93 west of
Whitefish had a mail return rate of 56%. Statewide, Montana has a 55% mail return rate as of
today. The daily status of mail return rates can be viewed for Whitefish, Montana, and the
nation at http://201 O.censlls.gov/20 1Ocenslls/take 1Omapl
We hope people continue returning the census form by mail as that will save on the follow-up
personal visits by census takers in April and May.
ARTICLE FROM GOVERNING MAGAZINE
There was a good 2 page article in the December Governing magazine on the additional stress
placed on government workers when layoffs and furloughs occur. I felt this article would be
good to pass on to the Mayor, City Council, and Department Directors with this report as I do
worry greatly about the toll of stress and burnout on our workers, especially in the Planning and
Page 2 of 3
Building Department (but other departments as well). The Planning and Building Department
has gone from 10 employees a little over a year ago to only 5 employees currently. Yet the
demand for text amendments to zoning codes for ordinances related to medical marijuana, WB-2
zone, temporary vendors, signs, etc continue to add to workload at a time when development and
building applications start to increase as do code enforcement calls. Moreover, all of the grant
awards that we have received in 2009 and 2010 also greatly add to other departments'
workloads. I thought that this article was very timely.
MEETINGS
9-1-1 Funding Committee (3/16) Mayor Jenson and I attended this meeting as members of this
committee. Most of the discussion focused on evaluating call volumes of the various
users of the 911 Dispatch system.
MMIA Underwriting Committee (3/26) - John Phelps and I travelled to Helena to present our
appeal on the denial of coverage for liability insurance from the Montana Municipal
Interlocal Authority for the Walton lawsuit judgment. We will have to make the same
presentation to the entire MMIA Board at their next board meeting before we have a final
determination on our appeal for coverage.
UPCOMING SPECIAL EVENTS -159-
*** CENTRAL AVENUE CONSTRUCTION BEGINS MONDAY, APRIL 5TH ***
REMINDERS
Friday, April 2nd - City Hall closed for Good Friday holiday.
Respectfully submitted,
Chuck Steams
City Manager
Page 3 of 3
•~~ RECOVERYGOV
Montana Department of
ENVIRONMENTAL Brian Schweitzer, Governor
PO Box 200901 • Helena, MT 59620-0901 • (406) 444-2544 • www.deq.mt.gov
NOTICE OF AWARD
March 23, 2010
Chuck Stearns
City Manager
418 3 2nd Street
Whitefish, MT 0
RE: Energy Efficiency and Conservation Block Grant application - Letter of Intent to Award
Dear Chuck Stearns:
This letter is to inform you that the Montana Department of Environmental Quality (DEQ) has selected your
application to receive funding under the 2009 American Recovery and Reinvestment Act's Energy Efficiency
and Conservation Block Grant (EECBG) program. EECBG funding up to the amount of $200,000.00 has been
-160:':ocated to the CitylTown of Whitefish for energy projects.
DEQ's award of the funding is contingent on the successful negotiation of final terms and conditions, the
signing of a contractual agreement by both parties, and receipt by DEQ of the proof of the required insurances
to include Workers' Compensation insurance or an Independent Contractor's Exemption prior to execution of
the contract. Specific items or documentation that DEQ may be requesting include: Energy Audits;
Architectural/Engineering audits or reviews; Project clarifications/limitations; Asbestos inspection
documentation; SHPO - Historic Property Record Form for pre-1960 buildings; and/or EECBG specific tasks,
budgets and scopes of work.
As a grant recipient, you can expect regular communication from Jim Sverdrup - EECBG Contract Coordinator
(JSverdrup@mt.gov, 406.841.5216) or Bonnie Rouse - EECBG Program Manager (BRouse(w'mt.gov,
406.841.5251). In the next week, you will be contacted by either Jim or Bonnie on grant award next steps.
Within 10 working days of receiving this notice, please e-mail Jim to confirm your receipt of the award letter
and acceptance of the award requirements. Failure to respond within 10 working days of the date of this notice
may result in withdrawal of the award by DEQ.
Sincerely,
W4W;;;d1/vJ
Vicki J. Woodrow, Contracts Officer
Cc: PPAD/EPP; EECBG Grant File
Financial ServIces Enforcement Division Pennitting & Compliance Division Planning, Prevention & Assistance Division • Remediation Division
Problem Solver I
By Katherine Barrett and Richard Greene
The Stress Mess

and furloughs are taking a toll on those who al'e lion
-""'-"here are lots of victims of the painful fiscal times in

which states and localiti.es now live. The public faces
service declines or tax increases-or both. A lot of state
and local employees have lost their jobs outright. Then
there are the men and women who are left minding the store.
They still have their jobs, but now they've got to take up the slack
left by layoffs or furloughs. And that's just the beginning.
Even as many worry about whether they'll still be employed
next month, they are confronting one of the sad truths of govern-
ment: The less money a city, state or county has, the more work
its employees have to do. You can see this most noticeably in any
agency that works with the poor or unemployed. The tougher the
economy, the faster grow the caseloads for Medicaid and other
programs that help the needy and newly needy. And the less effec-
tive is the process of helping them out.
Charles Evans Hughes, former chief justice of the United
States, famously observed that "men do not die from overwork"
But even if public-sector workers aren't keeling over in city halls -161-
and statehouses, a good number are suffering from a pernicious
ailment that can damage their psyches and take a toll on produc-
tivity: burnout.
Consider what'S happening in Nevada, where the overall
unemployment rate is now at 13.2 percent. In the past year, the
caseload for that state's Temporary Assistance for Needy Families
program has grown 30 percent; the Medicaid caseload, 20 per-
cent; and the food-stamp caseload, 45 percent. When eligibility
workers in larger district offices in Las Vegas and Reno open the
doors in the morning, there are already 100 to 125 people standing
in line. Meanwhile, all government workers-including Medicaid
and TANF caseworkers-now are required to take off one day a
month. The result: Employees have seen their portfolios expand
like a balloon that's about to pop, and the clients they see are frus-
trated and angry about the long waits they have to endure.
"Imagine you are used to dealing with 300 case jackets. Now,
you're dealing with 800," says Romaine Gilliland, administrator
of the division of welfare and supportive services in Nevada. "It's
an emotional drain. Imagine you are a highly ethical, motivated
employee who likes to be caught up. Now you're not able to catch
up, and quality and timeliness are being compromised."
In fact, sad to say, it may well be that the best workc·,·s are the
most vulnerable to burning (lut. Social scientists and psycholo-
gists who have studied the topic have theorized that the most
motivated workers suffer the h'Teatest psychological damage
when they simply can't do a really good job anymore-there's
just too much work for one person to do competently. We talked
to Thomas Britt, a psycholoh'Y professor at Clemson University
December 20()(J I GOVERNII\lG 45

who studies employee engagement and
the burnout phenomenon. He agreed that
employee, who really care about their
work and about their job performance
may be most affected. That's because, he
said, "they stake part of their identity on
how well they do."
While there may be little that man-
agers can do to alleviate the underly-
ing causes of the stress, they can make
efforts to reduce the impact of burnout.
In Nevada, Gilliland has been taking
steps to ease the tension among clients,
which should, in turn, help government
workers. A lobby-management system,
for example, has been set up that logs in
individuals and lets them know they will
be dealt with efficiently, even if it takes
time. "That creates an environment;' he
says, "where each client recognizes we're
trying to help them."
The person in need benefits, of course,
but so do the workers. "If you have a client
-162-
, Worker overload
isn't good for employees
or the public they serve.
who is not as agitated," Gilliland says, "it
translates into less stress on the staff."
This overload issue shows up in other
ways. Kathy Williams, the assistant direc-
tor of the South Carolina Association of software provides on I
progress so that they Io
Counties, has worked in local govern- can help anyone who is struggling, or redo a lesson if multiple students are having ~
iB
ment for 35 years and doesn't remem- difficulty with a concept. Orange County's success has led to implementation of ~
ber a time when the political, economic the program in Harris County, Texas, schools, where demographics and math- ~
and time pressures were so intense. As a proficiency levels are similar.
result, she's seen several South Carolina
counties in which the county administra-
tors abruptly left their positions.
In some cases, government manag-
ers also have been the recipients of nasty
Internet-based personal attacks, a situ-
ation that makes these folks feel deeply
unappreciated. "I don't recall a time
when we've had as many vacancies in
both city and county government as we
do now," Williams says. "The stress factor
is just huge:' G
E-mail grecncbarrett((I)gmail.col11
46 GOVERNII',G I December 20()')

MEMORANDUM
#2010-017

City Councilors
From: Chuck Stearns, City Manager
Re: Staff Report - Revisions to City Insurance Committee Ordinance - Ordinance 03-08
In 2003, as part of an effort to have City employees share in the increasing cost of medical,
dental, and vision insurance (hereafter health insurance) premiums, the City Council enacted
Ordinance No. 03-08 which is attached to this memo. This ordinance contains procedures for
evaluating health insurance programs, their cost, available city funding, and other aspects. At
that time, the City paid for 100% of monthly premiums and since that time, as collective
bargaining agreements have expired, the prior City Manager negotiated a sharing of cost
increases. As a result, currently the City pays approximately 95.6% of monthly premiums and -163-
"
employees pay approximately 4.4%.
At the March 1, 2010 City Council meeting, the City Council requested revisions to the
ordinance to reflect more accurately the time frames for considering funding levels for health
insurance as part of the budget process and to reflect time frames for premium costs that we get
from our insurance provider, MMIA.
Current Report
Attached to this staff report is a draft Ordinance showing the proposed changes to the City
Insurance Committee Ordinance, No. 03-08. These changes were reviewed by City Attorney
John Phelps and the City Insurance Committee. The City's Insurance Committee, at their
meeting on March 15 th , recommended this revised ordinance for approval. Their approved
motion is below and, to my knowledge, no other issues or concerns arose after their meeting.
nd
Motion made by Pam Cotton, 2 by Mitch A velar, to recommend
approval of the revised ordinance contingent upon no further
comments brought up by March 29 th from group members after their
representatives show it to them. Motion approved unanimously.
The ordinance revisions itself do not have any direct financial cost, but improving the timing of
the funding decision within the budget process will probably provide for improved information
for the Council to make budget decisions.
Recommendation
Staff and the City Insurance Committee respectfully recommends the City Council approve An
Ordinance revising the City Insurance Committee Ordinance.
attachments
-164-
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WHITEFISH,

MONTANA, REVISING ESTABLISHING THE CITY INSURANCE COMMITTEE
ORDINANCE.
WHEREAS, as a public entity the City of Whitefish needs to responsibly

manage the public's funds, with a view toward limiting expenditures whenever
practical and reasonable ; and
WHEREAS, at the same time, the City must provide competitive benefits
to its employees, in order to attract and retain a quality workforce; and
WHEREAS, the City Council has determined to create the City Insurance
Committee, in order to allow significant and decisive participation by City
employees in decisions regarding the provision of health insurance, vision
insurance, and dental insurance (hereafter collectively referred to as "health
insurance"L-:- and
WHEREAS, on April 7, 2003, the Whitefish City Council previously

enacted Ordinance No. 03-08 establishing an Insurance Committee and
specifying its purpose, powers, duties and procedures; and
-165-
WHEREAS, given the changes in medical, dental, and vision insurance
costs and timelines of providing insurance cost estimates, it is now desirous to
make some minor modifications to the Insurance Committee Ordinance.

Whitefish, Montana that Ordinance No. 03-08 is modified as follows:
Section 1: STANDING COMMITTEE ESTABLISHED: There is hereby

established an Insurance Committee, hereinafter "Committee".
Section 2: HEALTH INSURANCE: The term "health insurance" shall

include medical, vision, dental, prescription drugs, and life insurance.
Section 3: PURPOSE, POWERS, AND DUTIES:, The purpose and

duties of the Committee are to make decisions regarding the procurement of
health insurance for City employees. No later than the first regular meeting in
March of As part of the budget process each year, the City Council shall evaluate
and determine the amount of funds that the City can contribute toward the cost of
health insurance premiums for the following fiscal year. Such determination shall
be based, in part, on the need to f~nsure that the City has competitive benefits
for its employees. Thereafter, the Insurance Committee shall investigate,
analyze, and determine the precise nature of health insurance benefits that the
-1-
City will be capable of purchasing for the follO'vving fiscal yearin the future. In
conducting its investigation and analysis, the Committee shall be empowered to
consider the City's current plan, alternative plans, plan components, coverage
levels, multi-jurisdictional insurance pools, self-insurance pools, and any other
method of permitting the City to provide health insurance benefits for its
employees at the cost determined by the City Council. Coverage requiring
premiums in excess of the Council's funding level may be adopted, but only after
an affirmative vote of the Committee. Any such excess premiums shall be paid
by the covered employees._The Committee shall provide its final decision to the
City Council no later than the Tuesday prior to the first regular Council meeting in
Ju.n.eas soon as is practicable. As long as the Committee's determination
complies with the budget determination previously made by the City Council, the
Council shall adopt the Committee's determination, and include it within the City's
budget for the follo'Jving fiscal year. If no determination is received from the
Committee by the deadline identified above, then the City Council shall
determine all health insurance issues for the City for the coming fiscal year.
Nothing in this chapter shall be construed to provide the committee '<'\lith the
povver to authorize or prohibit the use of public funds.
Section 4: MEMBERSHIP: The Committee shall have thirteen (13)

members. Two (2) members shall be appointed by the Whitefish Police
Protective Association from its membership. Two (2) members shall be
-166- appotnted by the Public Works Employees Union, Local No. 2943, from its
membership. Two (2) members shall be appointed by the International
Association of Firefighters Local 3995, from its membership. The non-union,
non-exempt Public Works employees shall choose a member from among
themselves. The City Clerk's staff shall select a non-union, non-exempt
employee from among themselves. The Building Department employees shall
select a non-union, non-exempt employee from among themselves. The Parks
Department employees shall select a non-union, non-exempt employee from
among themselves. The Court Clerk's staff shall select a non-union, non-exempt
employee from among themselves. The City Department Heads shall select two
(2) members from among themselves. The Committee shall also have three (3)
ex-officio, non-voting members, which shall consist of two (2) City Council
members, selected by the City Council, and the City Manager. All appointments
shall be made in writing, directed to the City Clerk. The City Clerk shall make
appropriate notation of a member's representation category on the official
committee roster. Committee members shall receive no additional compensation
above that already provided by the City. Contracted consultants and other City
staff shall not serve as members, but may assist and participate in the facilitation
of Committee business.
Section 5: TERMS: POSITIONS: Committee terms shall be two (2)

years. There are hereby created positions numbered one (1) through thirteen
(13) for voting members of the committee and positions numbered fourteen (14)
-2-
through sixteen (16) for ex-officio, non-voting members. Seven (7) of the initial
voting members, however, and one (1) of the initial ex-officio members, shall be
appointed to one-year terms, so that the expiration of the terms of the Committee
members will be staggered. Where one entity or group is allowed two
appointments, that entity or group shall determine which of its appointees shall
serve a one-year term and which shall serve a two-year term. The initial term for
members serving pursuant to this Chapter shall begin with the effective date of
this Chapter and terminate on the date specified below for each position.
POSITION REPRESENTATION INITIAL

NUMBER CATEGORY EXPIRATION DATE
VOTING MEMBERS
1 Police Association February 29,2004

2 Police Association February 28,2005
3 Public Works Union February 29, 2004
4 Public Works Union February 28, 2005
5 Firemen Union February 29,2004
6 Firemen Union February 28, 2005
-167-
7 Public Works, non- February 29,2004 "
union, non-exempt
8 City Clerk's Office, February 28, 2005
non-union, non-
exempt
9 Building Dept., non- February 29,2004
union, non-exempt
10 Parks Dept., non- February 28, 2005
union, non-exempt
11 Court Clerk's Office, February 29, 2004
non-union, non-
exempt
12 Department Director February 28, 2005
13 Department Director February 29, 2004
EX-OFFICIO
MEMBERS
14 Council Member February 28, 2005
15 Council Member February 29, 2004
16 City Manager Indefinite
-3-
Thereafter members appointed to each position shall serve for two (2) year
terms; the first of such terms beginning on March ~ 1 of the year in which the
initial term for the position expires.
Section 6: REMOVAL OF MEMBER: A member may be removed from

the Committee by a three-fifths vote of the voting members of the Committee for
cause upon written charges and after a public hearing. Willful disregard of this
Chapter and the rules of procedures of the Committee, or absences from three
(3) consecutive meetings, including regular and special meetings, or absences
from more than fifty percent (50%) of such meetings held during calendar
year shall constitute cause for removal. Circumstances of the absences shall be
considered by the Committee prior to removal. Any person who knows in
advance of his or her inability to attend a specific meeting shall notify the
chairperson or secretary of the Committee at least twenty four (24) hours prior to
any scheduled meeting.
Section 7: VACANCY: If any member position on the Committee

becomes vacant, it shall be filled as soon as possible by the entity or group that
originally appointed the position. Upon appointment to fill the vacancy, the
appointing entity or group shall notify the City Clerk in writing of such
appointment.
-168- Section 8: ORGANIZATION: The Committee, at its first meeting

March 1 of each fiscal year, shall elect a chairperson, vice-chairperson and
secretary for the next twelve (12) month period. Upon the absence of the
chairperson, the vice-chairperson shall serve as chairperson pro tem. If the
secretary is absent from a specific meeting, the attending members shall elect a
secretary pro tem for the meeting. If a vacancy occurs in the chairperson, vice-
chairperson or secretary positions, the Committee shall elect a member to fill the
vacancy at the next meeting. The secretary need not be a member of the
Committee and shall keep an accurate record of all Committee proceedings.
Section 9: MEETINGS; RULES AND REGULATIONS: A simple

majority of the appointed Committee members shall constitute a quorum. Not
less than a quorum of the Committee may transact any business before the
Committee. The concurring vote of a simple majority of members present shall
be necessary to decide 'any question or matter before the Committee. The
Committee shall adopt rules of orocedure for the conduct of meetings consistent
with statutes, the City Charter, cdinances and resolutions. The Committee shall
meet as needed. All meetings shall be open to the public.
Section 10: SUPERVISION OF STAFF: The Committee shall have no

supervisory control and shall not direct City staff in the performance of their
official duties.
-4-
Section 11: NO EXPENDITURE AUTHORIZED: Other than the duties of
the Committee as outlined above, the Committee shall not have any additional
authority to make any expenditures on behalf of the City or disburse any funds
provided by the City or to obligate the City for any funds.
Section 12: EFFECTIVE DATE: This Ordinance shall take effect thirty
(30) days after its adoption by the City Council of the City of Whitefish, Montana,
and signing by the Mayor thereof.

ATTEST:
-169-
City Clerk
-5-
MEMORANDUM
#2010-018

City Councilors
From: Chuck Steams, City Manager ~

Re: Staff Report - Revisions to Personnel Rules and Regulations
The current version of Personnel Rules and Regulations (a.k.a. the Personnel Policy) was
originally adopted on June 20, 1994 pursuant to Resolution No. 94-23. Since that time, the City
Council has enacted five resolutions and one other motion amending the Personnel Rules and
Regulations, but these changes were never incorporated into the Personnel Rules and
Regulations. Rather, they were just attached as appendages to the Personnel Rules and
Regulations.
-170-
Also, the current Personnel Rules and Regulations is out of date in "many legal and policy areas
and it needs updating. I have decided to embark on this path to update the Personnel Rules and
Regulations this year in two phases.
The first step in revising the Personnel Rules and Regulations is to codify and incorporate those
previously approved amendments and appendages into a new Personnel Rules and Regulations.
This step is what the attached draft document does and I have footnoted each place where I
incorporated prior adopted amendments and appendages. Moreover, each of the prior adopted
amendments and appendages are attached at the back of the attached draft for verification and
validation.
The second phase of changes will take more time to research and prepare, more discussion with
employees, and will be more difficult. This second phase may take the rest of the year and I
may even have to contract with a consultant to help with proper language as my background is
financial, not in human resources.
Current Report
The attached Resolution would approve the incorporation of prior changes to the Personnel
Rules and Regulations made by previous City Councils. Attached to the Resolution is a draft
Personnel Rules and Regulations with changes shown in redline/strikeout. If approved, I would
then clean up the document by accepting the redline/strikeout changes and preparing a table of
contents for the revised document. This cleaned up version would be the version attached to the
Resolution in the City's records and would also be distributed to the employees.
These proposed changes were distributed to all employees. I have met with the President and
other members of all three unions regarding these changes and they are fine with them. Also, I
held open meetings for employees to come talk to me with any concerns they have about this
phase of changes to the Personnel Rules and Regulation and also related to Phase 2 of the
changes.
There are no financial changes caused by these revisions because all of these revisions were
approved by previous City Councils.
Recommendation
Staff and the City Insurance Committee respectfully recommends the City Council approve A
Resolution incorporating previously adopted amendments into a revised version of the City'S
Personnel Rules and Regulations.
-171 -
attachments
RESOLUTION NO.

IN CORPORA TING PREVIOUSLY ADOPTED AMENDMENTS INTO A REVISED
VERSION OF THE CITY'S PERSONNEL RULES AND REGULATIONS.
WHEREAS, the City's current Personnel Rules and Regulations were adopted on
June 20, 1994, pursuant to Resolution No. 94-23; and
WHEREAS, the Personnel Rules and Regulations were amended incrementally over the
years by individual resolutions which were never incorporated into the body of the Personnel Rules
and Regulations; and
WHEREAS, the City Manager is working on a two-phase process to revise the Personnel
Rules and Regulations; and
WHEREAS, the first phase of revisions to the Personnel Rules and Regulations is merely to
incorporate all of the prior incremental amendments done over the years since 1994 into a revised
version of the Personnel Rules and Regulations.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Whitefish,

Montana, as follows:
Section 1: The attached v~rsion of the City of Whitefish Personnel Rules and Regulations -172-
with changes shown in redline and strikeout, which incorporates previously adopted amendments to
the Personnel Rules and Regulations done over the years since 1994, is hereby approved.
Section 2: The City Manager shall prepare a final revised version of the City of Whitefish
Personnel Rules and Regulations and eliminate the redline and strikeout and include a table of
contents after adoption of this resolution and said final version shall be included as an attachment to
this Resolution.
Section 3: This Resolution shall take effect immediately upon its adoption by the City
Council, and signing by the Mayor thereof.

MONTANA, ON THIS _ _ DAY OF , 2010.

ATTEST:
-1-
CITY OF WHITEFISH PERSONNEL RULES AND
REGULATIONS
(Adopted 20 June 1994)

(Revised version adopted April 5,2010)
-173-
CITY OF WHITEFISH
PERSONNEL RULES AND REGULATIONS (Adopted 20 June 1994)
SECTION I
GENERAL PROVISIONS
1.1 PURPOSE
The general purpose of the City Personnel Rules and Regulations (Policies) is to
establish and maintain a system of personnel administration, based on merit principles. that meet
sociaL economic, and program needs of the people of the City of Whitefish. This personnel
system provides means to recruit, select. develop and maintain an effective and responsive work
force, and includes policies and procedures for employee hiring and advancement, training and
career development, job classification, salary administration, retirement, fringe benefits,
discipline, termination, and other related personnel matters.
THE CITY SPECIFICALLY RESERVES THE RIGHT TO REPEAL,

MODIFY OR AMEND THESE POLICIES AT ANY TIME, WITH OR
WITHOtJT NOTICE. NONE OF THESE PROVISIONS SHALL BE
DEEMED TO CREATE A VESTED CONTRACTUAL RIGHT IN ANY
EMPLOYEE, NOR TO LIMIT THE POWER OF THE CITY COUNCIL -174-
TO REPEAL OR MODIFY THESE RULES. THE POLICIES ARE NOT
TO BE INTERPRETED AS PROMISES OF SPECIFIC TREATMENT.
COVERAGE: These policies shall apply to and comprise all employees of the City
of Whitefish, Montana. now existing or hereafter established, except the following:
A. City Administrator
LPublic Works Director/City Engineer
~C. Finance Director!
G-:~ Chief of Police
!*~Municipal Judge
e.:_F_._City Attorney
h~Building Official
G-:-~Parks and Recreation Director
!+.-_I.__ Members of Boards and Commissions
hLVolunteer personnel and personnel appointed to serve without pay
J-:.~ Consultants and counselors rendering temporary professional service
l:.~Part-time. seasonaL or temporary positions
+:-:~ City Council
\1 Adopted in Resolution No, 00-20, May 15, 2000.
Page 1 of37
EXCEPTIONS TO COVERAGE: Certain sections of these policies shall not apply to
employees whose wages, benefits, or other conditions of employment may be provided for in a
wTitten collective bargaining agreement between a certified bargaining unit and the City of
Whitefish. In those cases where these policies and procedures contlict with existing labor
agreements, the terms and conditions of those agreements shall prevail.
The positions of Senior Planner and Planner II shall not be entitled to overtime
compensation or compensatorY time off as described in Section 2.7?
1.2 SEPARABILITY
If any provisions of application of these policies shall be held invalid, the

remainder of the policies and the application of its provisions shall not be affected thereby.
1.3 ADMINISTRATION
A. Under Section 3.03 of the City Charter, the City Administrator is

directed to administer all City personnel actions.
The City Administrator shall be responsible for insuring the effective

administration of these policies and procedures and may delegate such functions
as deemed necessary for the implementation of this system. The City
-175- Administrator may adopt, amend, or rescind written administrative procedures
consistent with these rules and procedures. (See "Appendix I Administrative
Rules") The Administrator shall advise the City Council of any administrative
changes.
B. The City Administrator, or his designate, shall be responsible for directing and
coordinating the personnel activities of the City. including the following:
1. Preparation of position classification and pay plans, and directing the

administration of these plans.
! Computation of a budget for personnel services for all departments.
3. Recruiting, testing, selecting, and hiring of all City employees.
4. Approving the appointment, promotion, demotion, transfer, discipline,

discharge, and other actions affecting persons employed by the City. except
those employees in positions excluded by the personnel ordinance.
5. Supervising, developing, and maintaining the personnel system. including

written forms. procedures and records.
I 2 Adopted in Resolution No. 05-08, Mav 16. ')005.
Page 2 of37
6. Maintaining a current roster of all persons employed by the City.
7. Directing employee orientation, training. counseling, and career development

in conjunction with depaliment heads.
8. Administering the fringe benefit programs.
9. Approving performance evaluation reviews for all employees.
10. Administering the personnel policies and procedures, including the

employee grievance procedures.
11. Performing any other lawful acts which are considered necessary or desirable
to carry out the purpose of the personnel system and the provisions outlined in
these policies.
C. The provisions of this manual shall not be construed as limiting in any way the
power and authority of any department head to make departmental rules and
regulations governing the conduct and performance of employees. Such
departmental rules and regulations, however, shall not conflict with provisions
of these policies.
D. Suggestions for amendments to these policies are welcomed at any time from
employees covered by the policy provisions. All suggested amendments shall
-176-
be submitted in writing to the City Administrator.
1.4 EQUAL EMPLOYMENT OPPORTUNITY
It is the policy of the City of Whitefish that, with the exception of age limits
established by Montana State Law, no person shall be denied employment in connection with
any program or activity administered by the City on the grounds of race, color, national origin,
religion, age, sex, handicap, political affiliation or belief. Personnel procedures shall be based on
merit and fitness. All matters related to recruiting. hiring and selection, training, compensation,
benefits, promotion, transfers. lay-offs, recall from lay-offs, demotions, terminations, working
conditions, education and training opportunities, and all on-the-job treatment shall be free of
discriminatory practices. As oPPOliunities for transfer, advancement or promotion occur,
periodic review and analysis of personnel records will be made to insure that all minority and
female. and other employees continue to receive equal consideration and that only' valid
requirements are imposed for these opportunities.
1.5 EMPLOYMENT POLICY
A. When a budget authorized position opens in a department. or a need arises to create a

new position. the department head shall submit notification of position vacancy to the
City Administrator.
Page 3 of37
B. Upon authorization by the City Administrator, the department head shall post all positions
in a place where all employees will see the announcement. Open recruitment procedures
shall be used to inform the community of all position openings. Priority will be given to
Whitefish City employees when positions are available for which they are qualified and
interested, and when the transfer or promotion will benefit the employee and the City. In
all cases, the best qualified candidate for the opening will be sought.
C. All applications will be reviewed and screened by the department head. A select number
of the most qualified candidates will be intervie\ved by the department head who will make
the appointment, subject to the approval of the City Administrator.
D. A specific orientation on an employee's new work situation in the area where the
employee will be assigned will be the responsibility of the employee's
department/division head. The employee may look for assistance in making a smooth
adjustment to the demands and opportunities of the employee's assignment. The
responsibilities of assigning duties rests with the supervisor. Supervisors will be expected
to carry out these assignments to the best of their ability with a cooperative and helpful
attitude. Suggestions for changes or improvements in procedures or methods of work are
welcomed and should be made to the department/division head.
E. Employees who resign or who are terminated for reasons other than lay-off are considered
to have made a definite break in service. If they are re-employed at a later date they will be
considered new employees and will become eligible for various benefits only after
completing the appropriate waiting period required of new employees.
-177.:9
F. Reduction in Work Force. At any time circumstances, such as a lack of funds or lack of
work, dictate that there needs to be a reduction in force, be it temporary, permanent, or
indeterminate in term, the department head shall layoff the necessary number of employees
according to the effected classes with consideration to length of service and performance.
An employee re-hired after a lay-off shall be entitled to his or her previous longevity
credits. An employee on temporary or indeterminate lay-off status may use accrued
vacation time during the lay-off period, but will not be eligible for sick leave or other
insurance benefits.
Layoffs which are expected to be of one month or greater duration may be considered
"permanent." Employees whose layoff due to a reduction in force is considered permanent
will receive all credits due as of the date of the layoff. For a period ofthree months from
the date of layoff, regular employees who were laid off may be offered the first
opportunity to fill comparable vacant positions which become available, though re-hire is
at the sole discretion of the department head.
G. A physical examination of the applicant may be required at the discretion of the

department head and the City Administrator based upon the employee's performance and
the requirements of the job.
I-I. Residency. Although the City does not prohibit employees from living outside the City,
all employees are encouraged to live within the City limits. The City expects all
Page 4 of37
employees to be able to report to work as required. including emergencies. within a
reasonable time. Failure to respond within a reasonable time may be grounds for review.
1. Resignation. The cOUJ1esy of at least two weeks written notice of resignation is required to
maintain an employee's favorable employment record. This notice shall be submitted to the
supervisor or department head and forwarded to the City Administrator.
J. Personnel Records. The City Administrator shall maintain a personnel record for each
employee. The official personnel file shall show the employee's name. title, job
description, department salary, salary changes, training received. disciplinary actions,
and other such information as may be considered pertinent.
All employee records shall be considered "CONFIDENTIAL" and shall be accessible

only in the following manner:
1. The contents of an employee's official personnel file shall not be opened by anyone
except the City Administrator, department head, the employee or the employee's
specially authorized representative, or as may be required by Court Order.
2. No information from the official personnel file shall be released to outside parties
except verification of employment. employment dates, and title, without prior
written authorization from the employee.
-178- ..
3. Upon termination, an employee shall retain the right to obtain copies of his entire
official personnel file for a period of two years following termination. Requests
should be made in writing to the City Administrator with the past employee's
signature notarized.
K. Hours of Work. The standard work week shall be established by department rules and
procedures. Salaries shall be based on an average forty hour work week.
L. Attendance. Employees shall be in attendance at their work in accordance with these rules.
All departments shall maintain daily attendance records of employees.
M. Outside Emplovment. All full-time employees engaging in outside employment shall

comply with the following guidelines:
1. Outside employment shall not have any conflict. real or implied, with the official duties
of the employee.
2. Outside employment shall not require such a degree of commitment that it would tend to
prevent an employee from rendering primary service to the City.
3. The outside work shall not reflect discredit or derogation upon the employee or the City.
Page 5 of37
4. It shall be understood that the City has prior call upon the services of it's employees
whenever the public interest demands, regardless of any impingement upon secondary
employment.
5. Any City employee, or business in which the employee has an ownership interest,
providing or desiring to provide goods or services to the City on a contractual basis shall
declare the stated interest, in writing, to the City Administrator.
N. Anti-Nepotism.
I. No paid City employee shall employ, appoint. participate in the employment process in
any way. or vote for the appointment of his or her relative to any paid City position of
any kind except by the direct popular election process.
') The City shall not hire relatives to superior-subordinate relationships.
3. While two or more relatives may be employed in the same department, the City shall
avoid such employment placements wherever possible.
SECTION II
PAY PLAN
2.1 AUTHORITY TO ESTABLISH SALARIES

-179-
A. All salary provisions contained in these policies are subject to the City Council's
final approval of the City's annual budget.
B. The City Administrator shall be responsible for the development. administration,

and amendments, as required, of a uniform and equitable plan which shall
provide equal pay for equal work.
2.2 PAY PLAN
The pay plan shall consist of a salary schedule establishing minimum and maximum rates
of pay for all positions. The salary ranges shall be directly linked to the position
classification plan and shall be determined with due regard for the following
considerations:
A. Ranges of pay for similar classifications;
B. Cost of living factors; and
C. Other benefits received by City employees.
2.3 PAY ADMINISTRATION
A. Beginning Salarv Rate. The minimum rate of pay in the salary range for a
Page 6 of37
position shall normally be paid to any full-time employee upon their initial
appointment to the position. Beginning rates of pay in excess of the minimum
may be allowed to recruit persons with a higher level of skills or within a short
labor supply market area. All beginning salaries in excess of the minimum require
the written approval of the City Administrator.
B. Annual Salarv Adjustments. Each employee's salary. along with the

position's salary range. may be adjusted annually, subject to Council
appropriations.
C. Advancements in the Salarv Range. A portion of the pay advancements will

be granted on a performance basis as provided herein:
1. A new employee's performance shall be evaluated by his or her

department or division head six months from his date of hire. Upon
successful completion ofth1s six month probationary period, the
employee shall be granted a salary increase equal to one step in the
range of the employee's position.
') All employees who have more than six months of service with the
City shall have a performance evaluation by the appropriate authority
on or before June 1st of each year. Each employee shall receive an
advancement in their salary range depending upon their performance.
The responsibility for a fair and equitable determination of -180-
meritorious salary increases. as based upon meritorious phformance.
rests with the department/division head. but shall be subject to the
review and approval of the City Administrator.
2.4 RELATED PAY ACTIONS
The following personnel actions shall affect the employee's pay status in
the manner provided:
A. Promotions. When an employee receives a promotion to a position in a higher

salary range. the employee shall receive a five percent increase or the entrance
rate for the new position, whichever is greater.
B. Transfer. When an employee is transferred to a new position in another

classification which is the same
pay range, the employee's rate of pay will remain the same. When the employee
transfers to a new position with a higher or lower pay range, the provision
governing promotion and demotion. as applicable. will rule.
C. Demotion (Voluntarv). Whenever the good of the organization requires the

downgrading of any position and the incumbent employee takes a vOluntary
demotion, the employee will retain his current rate of payor the maximum rate
Page 7 of37
under the grade. whichever is lower. Subsequent salary adjustments would be
governed by policies of Pay Administration.
D. Temporarv Assignment. Any employee temporarily appointed to a vacancy in

a higher pay range for twenty-four or more continuous working days shall
receive a temporary salary increase, as specified in the promotion provision,
for all time worked.
2.5 PAYDAYS
Employees covered by the provisions of these policies shall be paid on a bi-weekly

basis on the Friday following the end of each bi-weekly pay period. If the payday falls
on a holiday. payment shall be made on the preceding regular work day. An employee
scheduled to be on vacation or other approved leave of absence on a normal payday
may request receipt of his or her pay prior to departure on leave.
2.6 PA YROLL DEDUCTIONS
The following deductions are made on the basis indicated:
Federal Withholding Mandatory

State Withholding Mandatory
Social Security Tax Mandatory
-181- PERS or other Retirement Mandatory
Whitefish Credit Union Optional
Savings Bonds Optional
United Way Optional
Insurance Optional
2.7 COMPENSATJON
Every employee covered by the provisions of these policies shall receive a salary or
stated compensation determined in accordance with the pay plan. The rates of pay set
f011h in the pay plan are for full-time employment and represent the salary compensation
except as otherwise
provided. Part-time employees shall be paid on an hourly basis for actual hours worked.
A. Overtime Compensation. except for the Police Department and the positions of
Senior Planner and Planner Ie, employees will be compensated for overtime either
in cash or in compensatory time off. Any work performed in excess of forty hours in
one week constitutes ovel1ime and will be paid at one and one-half times the
employee's regular rate of pay. All overtime will be paid in fifteen minute
increments.
I 3 Adopted in Resolution No. 05-08. May 16. 7 005.
Page 8 of37
1. Compensatory time off will be paid at the rate of one and one-half times the
rate for overtime worked. Compensatory time may be accrued to a maximum
of 120 hours.
2. Overtime or compensatory time shall be subject to the request or approval of

the depm1ment/division head, or the City Administrator. Part-time personnel
required temporarily to work full time (1'011y hours per week) will be
compensated as full-time personnel up to forty hours.
B. Holidavs. Except in the Police Department, if any employee is required to work on

any established holiday the employee shall be compensated for the hours worked at
the rate of time and one-halL as outlined above. Police Department employees who
are required to work on holidays will be granted a compensatory holiday in addition
to the regular day's pay.
C. Termination Sick Leave Pav. Any employee who terminates employment with the
City of Whitefish is entitled to a lump sum payment equal to one-fourth of the pay
attributed to the employee's accumulated sick leave.
D. Termination Vacation Pav. When an employee terminates employment with the City
of Whitefish. all accrued vacation leave shall be paid and included in the tinal
paycheck. Computation of accrued vacation pay shall be on the basis of the
employee's regular rate of pay at the'1ime of termination. -182-
E. Flexible Worktime. When in the best interests of all concerned, and with the prior
written approval of the City Administrator. an employee or a department may be
allowed to arrange their own work schedule and hours of work. Such "flex time"
work schedules must comply with the average forty hour workweek. No employee
who works an alternate schedule shall be entitled to a shift differential payment.
F. Uniform Allowance. Full-time personnel ofthe Police Department shall be authorized

a yearly uniform allowance pursuant to annual budgetary appropriations or the
provisions of a bargaining agreement. Clothing allowances for other classes of
personnel may be provided for in the annual budget. Accordingly, uniforms
purchased by the City of Whitefish shall remain the prope11y of the City. and in the
event an employee leaves the City service shall be returned and receipted before final
salary payment is made.
G. Travel. Employees authorized to travel on City business by private vehicle will be

reimbursed at the rate established by the State of Montana for government employees
(Section 2-18-5-3 MeA). Travel of 200 miles or more from Whitefish must be
approved by the City Administrator. Air travel is limited to air coach (Tourist Class)
transportation or mileage in lieu thereof, whichever is less expensive.
Employees on travel status who are required to seek overnight lodging will be
Page 9 of37
reimbursed for the actual, necessary, and reasonable expenses associated with the trip,
including taxi fares.
Known expenses. such as conference registration fees or air fare. should be paid in
advance through submittal of an approved requisition form. Appropriate records
must be maintained for all travel expenses.
SECTION III
CLASSIFICATION
The classification plan is comprised of a schematic list of classes of positions

supported by written specifications setting forth the duties and responsibilities of each class
and the qualifications necessary for appointment to a position of that class.
3.1 PURPOSE. The purpose of the classification plan is to:
A. Provide like pay for like work;
B. Establish qualification standards for recruiting and testing;
C. Provide appointing authorities with a means of analyzing work distribution . area of

-183- responsibility, lines of authority. and other relationships between
positions:
D. Assist appointing authorities in determining budget requirements~
E. Provide a basis for developing standards of work performance;
F. Establish lines of promotion;
G. Indicate training needs: and
H. Provide uniform titles for positions.
3.2 CLASS
A class shall be comprised of one or more positions that are so similar in the basic
character of their duties and responsibilities that the same pay scale, title. and
qualification requirements can be applied and the position can be fairly and equitably
treated under like conditions for all other personnel purposes. The same qualification
requirements shall be applied to all positions in a class regardless ofthe department in
which the positions are located.
Page 10 of37
3.3 CLASS SPECIFICATION
The class specification shall state the characteristic duties. responsibilities, and
qualification requirements which distinguish a given class from other classes. The
specification shallbe descriptive. but not restrictive; that is. the class specification shall
describe the more typical types of work which may be allocated to a given class. but
shall not be construed to restrict the assignment of other duties related to the class.
3.4 ADMINISTRATION OF CLASSIFICATION PLAN
The classification plan shall be established and maintained by the City Administrator.
A. New positions. When a new position is created. the dep311ment head shall send the
City Administrator a request for classification of the position with a description of the
applicable duties and responsibilities. After analysis and evaluation of duties and
responsibilities, the City Administrator shall allocate the position to the proper class.
without regard to personal characteristics. abilities. or qualifications of the incumbent.
B. Change of Classification. When the assignment of an employee has changed

substantially as to kind and/or level of work. the dep311ment head or the supervisor
may initiate a request for a change of classification. This should be submitted in
writing to the City Administrator. Ifthe City Administrator determines that the
position has changed sufficiently. the reclassification will be considered a change in
position. and rules and pay policies applicable to a position change will apply. -184-
~ .
SECTION IV
EMPLOYEE STATUS
4.1 PROBATIONARY STATUS
All new employees have a probationary status for the first six months of employment.
A supervisor may, with the concurrence of the City Administrator, extend any
employee's probationary status for a period not to exceed an additional six months.
New probationary employees can be released during probation without cause. Existing
employees with six months or more of service who are promoted or transferred to
another position shall serve up
to a three month probationary period.
4.2 PERMANENT FULL-TIME STATUS
An employee who has successfully completed the probationary period and is scheduled
to work forty hours a week on a regular basis.
Page 11 of37
4.3 PERMANENT PART-TIME STATUS
A permanent employee who works a regularly scheduled work period of less than forty
hours each week of a pay period.
4.4 TEMPORARY STATUS
An employee who is hired for a specific job and for a definite, non-renewable
period of time, normally not exceeding 120 days.
4.5 SPECIAL EMPLOYMENT PROGRAM STATUS
An employee who is hired under a specifically financed employment program for a

definite grant period which may be extended from time to time. Such an employee
shall not have permanent status.
4.6 PART-TIME STATUS
A temporary employee who works a scheduled work period of less than forty hours
each week of a pay period.
-185-
SECT10N V
LEAVES
5.1 LEA VE OF ABSENCE. Leaves of absence without pay may be granted to City
employees for a period not to exceed one year because of illness, educational purposes,
or other reasons. Such leaves shall not be regarded as an acquired right by employees
and shall be granted only when City service will not be adversely affected thereby.
Requests for leaves shall be made in writing and must be approved by the employee's
supervisors and the City Administrator. Leaves granted to employees who accept
regular or fulltime employment outside the City's service shall be subject to the
approval of the City Administrator and shall be denied unless the request is
accompanied by satisfactory proof that the employment is temporary and that the
experience gained thereby will be for the betterment of the City'S service. Failure of an
employee to repOli for duty promptly at the expiration of the leave, or a violation of any
agreement or understanding relative to the leave may be just cause for discharge.
ABSENCE WITHOUT LEA VE
Absence from duty without permission ma:y be considered grounds for disciplinary
action. In addition. the employee may not be paid for time absent without leave.
The appropriate authority who. by failure to report the absence of any employee fro111
Page 12 of37
duty, has enabled the employee to receive pay in excess of the amount to which an
employee was legally entitled, shall tender himself liable for disciplinary action,
including dismissal.
5.3 VACATION LEAVE
A. Each full-time employee shall earn annual leave credits. Proportional credits shall
be earned at the end of each pay period. Unless approved by the City
Administrator. employees are not entitled to any vacation leave with pay until they
have continuously been employed for a period of six calendar months. Credits shall
be earned according to the following schedule:
1. From one year to ten years of employment at the rate of one and one-
quarter working days for each month of service.
2. From ten years to fifteen years of employment at the rate of one and one-
half days for each month of service.
3. From fifteen years to twenty years of employment at the rate of one and
three-quarters working days for each month of service.
4. After twenty years of employment at the rate of two working days for each
month of service.
-186-
'V B. Permanent pari-time employees shall earn one vacation day for each 173.3 hours
worked.
C. Accumulation. The annual vacation leave may be accumulated to a total not to exceed
the equivalent of tv, (1 years ;::arned l~following limits:
1 dav through 10 vears service 30 davs or 240 hours
10 through 15 veal'S service 36 davs or 288 hours
15 through 20 veal'S service 42 days or 336 hours
20 years and up 48 davs or 384 hours 4
After April 1. 2001. emplovees shall be required to use sufficient vacation leave so that they
do not accumulate "excess vacation leave." As of April 1 of each succeeding vear. any
"excess vacation leave" shall be forfeited. s
D. The period during which the employee may take accrued vacation shall be
determined hy agreement between the employee and the appropriate authority in the
best interests of the City.
4 Adopted at Februarv 2'1.2000 Citv Council meeting - reference City Mana!:'er Garv Marks memo of Februarv 23.
;000
5 Adopted by Resolution No. 00-07. Februarv 22, 2000
Page 13 of37
E. Unused vacation leave shall be paid to the employee at the time of separation from
service at the employee's regular rate of compensation. In the event of the employee's
death, compensation for unused vacation leave compensation will be directed to the
employee's heirs.
F. An employee on temporary lay-off status may use accrued vacation leave

during a lay-off period.
G. Employees who are not able to use their maximum accumulated leave due to
manpower shortfalls or emergencies would be cash compensated for the leave
time that would otherwise be taken away.
5.4 SICK LEAVE
A. Sick leave is the necessary absence from duty caused when an employee has suffered
illness, injury. pregnancy-related illness. exposure to contagious disease that requires
quarantine. or the necessary absence from duty to receive a medical or dental
examination or treatment.
B. Each permanent employee shall earn sick leave credits from the first day of
employment. Proportionate credits shall be earned at the rate of one working day
(eight hours) for each month (173.3 hours) of service without restriction as to the
number of working days accumulated. Unless approved by the City Administrator.
employees are not entitled to paid sick leave until they have been employed
continually for ninety days.
-187-
C. An employee who terminates employment with the City is entitled to a lump-sum
payment equal to one-quarter of the pay attributed to the employee's accumulated sick
leave. The pay shall be computed on the employee's rate of compensation at the time of
termination. An employee who received a lump-sum payment and is again employed
by the City. shall not be credited with any sick leave earned during previous service.
D. Abuse of sick leave is cause for dismissal and forfeiture of the lump-sum payments
provided for in this section. Abuse of sick leave occurs when an employee
misrepresents the actual reason for charging sick leave, or when an employee uses
sick leave for unauthorized purposes.
~
E. A physician's celiificate. or similar evidence to substantiate a sick leave charge. may
be required of an employee.
F. Authorized medical appointments of the employee may be charged to sick leave.
G. Maternity leave (See Section 5.9) may be charged against sick leave and/or
vacation credits.
H. With the department or division head's approval. sick leave charged in excess of earned
leave may be charged to earned and available vacation leave.
Page 14 of37
5.5 EMERGENCY LEAVE
A. In the event of a death of the employee's spouse. parent. sibling or child.

time off with pav up to a maximum of ten davs will be allowed for the
employee. The leave provided herein will not be charged to the
emplovee's sick leave. and is available whether or not the employee has
accrued sick leave. Leave available under this Section 5.5(A) but not used
within thirty days of the death will be forfeited.
8. In the event of a death in the employee's extended family (as defined

below). in addition to any leave that might be available under
Section 5.5eA) above. time off with pav up to a maximum of five davs will
be allowed for the employee to be in attendance.
C. In the event of an emergency illness in the extended family. time off with
pay for a maximum of three days per occurrence in any six month period
will be allowed for the employee to be in attendance.
D. "Extended family" consists of spouse. child. father. mother. brother. sister.

grandparent. or guardian or relative of the employee's wife or husband.
-188-
E. Days off under Section 5.5(8) or (C) will be charged to sick leave.
F. All emergency leave must have the appropriate authority's prior written
approva1. 6
-In the eveHt of an emergency dine:;:: in the imntediate famil) , time off witl~ pa.v~
maximum of three day~; per occurrence in any six month period '""ill be allowed for the
employee to he in attendance.
In the event of a death in-1ht'-employcc':; immediate f'amil:" ~im2 ofCwith pay up to-it-
ma:cimul11 or Jive day:; ',,<,ill he allowed for the employee lO he in attcndane€-:-
~lediak family" i~; judged to eOllGisl of :,pOWlC, chile. :athe;', mother. brolhe:', :;i:rler.
grandparent. or guardian 0:' relative of the employee':: wiie or hu:;bane:.
Day:; oJTv,ill he chargee: tu riid:: lea\'.: . /\11 emergency kaye ILW:: hit\. <, the upp:'oprialc
authority':; prior written approval.
I (, Entire Section 5.5 replaced bv Resolution No. 06-40 adopted June 19.2006.
Page 15 of37
5.6 JURY SERVICE AND SUBPOENA
Each employee who is under proper summons as a juror, or subpoenaed as a witness, will
be released from work for this service. During the period of absence, regular employees
will receive their regular wages. The employee will remit to the City Clerk all pay for
jury duty. except meal and travel expenses. However. if an employee elects to charge his
juror or witness time against his annual leave. he shall not be required to remit the fees to
the City.
Employees who are absent from work because of jury duty will retain seniority and all
benefits. The time away will not affect vacation or sick leave accruals; provided.
however. employees who appear in couli as a plaintiff or defendant in any action shall
not be paid for time away from work unless that time is taken as accrued vacation or
compensatory leavc.
5.7 MILlTARYLEAVE
Any cmployee who is a member of the organized National Guard of the State of
Montana, or forces of the United States Army. Navy. Marine Corps, Air Force or Coast
Guard. shall. after six months of employment and upon orders properly issued by military
authorities. be given leave of absence with pay. for attending regular encampments,
training cruises, and similar training programs, not to exceed fifteen working days per
calendar year.
-189.Y
5.8 HOLIDAYS
A. Employees shall be granted the following holidays without loss of pay:
1. New Year's Day (January 1st)

2. Martin Luther King. Jr. Birthday (Third Monday in January)
3. Presidents' Day (Third Monday in February)
4. Good Friday
5. Memorial Day (Last Monday in May)
6. Independence Day (4th oOuly)
7. Labor Day (First Monday in September)
8. Columbus Day (Second Monday in October)
9. General November Election Day
10. Veteran's Day (November 11th)
11. Thanksgiving Day (Fourth Thursday in November)
12. Friday following Thanksgiving
13. Christmas Day
14. Personal Day
Page 16 of37
B. If any of the aforementioned holidays fall on an employee's regularly scheduled
day off, the employee will be granted a day off without loss of pay either the day
closest to. or the adjoining day preceding or following the referenced holiday.
C. Except in the Police Department, if any employee is required to work on any

established holiday, the employee shall be compensated for the hours worked at
the rate of time and one-half as outlined in Section 2.7-A of these regulations.
Police Department employees who are required to work on holidays will be
granted a compensatory holiday in addition to the regular day's pay.
D. Any holidays that fall during the period that an employee is on sick leave, vacation leave,
or any leave with pay, will be charged as a holiday and not taken off the employee's
accumulated leave.
E. Any holiday falling on a Saturday shall be taken on the preceding Friday; any holiday
falling on a Sunday shall be taken on the following Monday.
5.9 MA TERNITY LEAVE
A. It is unlawful for the City:

1. To terminate a woman's employment because of her pregnancy.
2. T9 refuse to grant an employee a reasonable leave of absence for pregnancy. -190-
3. To deny the employee who is disabled as a result of the pregnancy any compensation to
which she is entitled as a result of the accumulation of disability or leave benefits accrued
pursuant to plans maintained by the City; provided however, the City may require the
claim of "disability as a result of pregnancy" be verified by medical certification that the
employee is not able to perform her employment duties.
4. To retaliate against any employee who files a complaint with the State under provisions
of State law; or
5. To require that an employee take mandatory maternity leave for an unreasonable length
of time.
B. Upon signifying her intent to return at the end of her maternity leave of absence. the
employee shall be reinstated to her original job, or to an equivalent position with
equivalent pay, retirement. fringe benefits, and other service credits.
5.10 DISABIUT'{ LEAVE
Employees unable to continue employment due to injury or illness may, in addition to

using accrued vacation and sick leave, request a leave of absence without pay for
recovery purposes. Such leaves shall not be regarded as an acquired right by employees
Page 17 of37
and shall be granted only
when City service will not be adversely affected thereby, and solely at the discretion of
the City Administrator.
Employees requesting reinstatement from approved disability leave must furnish a

physician's statement verifying their capability of returning to work and must
demonstrate within a reasonable time their ability to perform their assigned duties.
5.11 GENERAL LEAVE PROVISIONS
A. All leaves covered under this section must have prior written approval of the
appropriate authority.
B. All leaves covered under this section shall be charged to the nearest one-quarter hour.
C. The exchanQ.e or donation of leave time from one emplovee to another IS

expressly prohibited.
D. Employees shall not at any time take vacation leave or sick leave that has not vet
accrued. 7
-191 -
SECTION VI
INSURANCE
6.1 HEALTH INSURANCE
Except as otherwise provided by law, the City contributes an amount as appropriated by

the City Council towards providing each full-time employee. spouse, and dependents.
with health insurance coverage. Brochures providing information on the benefits
provided through this plan are available from the City Clerk.
6.2 WORKERS' COMPENSATION
A. An employee injured during the perfonnance of his duties is eligible for benefits
through the state insurance fund as provided by law. Claim forms must be prepared for
I 7 Amended bv Resolution No. 06-40 adopted June 19.2006.
Page 18 of37
such injuries. An employee's injury report must be filled out immediately and a copy
sent to the City Clerk's office. An investigation will be conducted at a later date.
B. An employee who is unable to work due to an injury for which Workers' Compensation
is being received will be entitled to return to his or her position for a period of sixty
days. After that period the depariment head may replace the employee if the employee
has not reported for duty. An employee replaced under the provisions of this section
shall be entitled to consideration for re-employment in accordance with Montana State
law.
C. An employee who is unable to work due to an injury for which Workers' Compensation is
being received will be entitled to remain on the City group health insurance plan;
provided, however, the employee shall pay all premiums incuned. Continuation of
insurance coverage will be maintained in accordance with any applicable state or federal
law or regulations.
D. Prior to the employee returning to work after an injury for which Workers' Compensation
was received, the employee shall acquire and submit a physician's written release to
return to work stating that the employee is able to perforn1 the tasks of the available
position.
6.3 UNEMPLOYMENT COMPENSA TlON INSURANCE -192-

The City of Whitefish provides unemployment insurance coverage for terminated
employees who meet the eligibility requirements under state law.
6.4 SOCIAL SECURITY
Social security is supplementary to the Public Employee's Retirement System (PERS). A

matching contribution by the City and the employee is made under an approved plan at
rates and in the amounts specified by agreement with the federal government. These rates
are based on the rates that would be imposed if the services covered by the agreement
constituted employment within the meaning of the Federal Insurance Contributions Act.
Employees operating under a retirement plan for Fire or Police departments are excluded
from the Federal Social Security System.
Page 19 of37
SECTION VII
CONDUCT. DISCIPLINE AND GRIEVANCE PROCEDURE
7.1 CONDUCT
A. General Policy. A City employee is prohibited from engaging in any conduct which could
reflect unfavorably upon City service. Employees should avoid any action which might
result in. or create the impression of using public office for private gain, giving pref-
erential treatment to any person. or losing impartiality in conducting City business.
B. Receipt of Gifts. Except as provided in this section. a City employee is prohibited from
accepting any gift gratuity. favor, entertainment, loan. or any other item from any person
who has or is seeking to obtain business with the City. or from any person within or
outside City employment whose interests may be affected by the employee's performance
or non-performance of official duties.
In recognition of the public responsibility to provide for the maintenance of good

relations between the City and its suppliers. and others with whom the City may have
business dealings, and to prevent gift-bearing businesses from interfering with and/or
-193- equivalent.
..
influencing employees. the City permits acceptance of an occasional business lunch or its
C. Privileged Information. City employees who are involved with plans, programs. or
information of significant public interest. may not use this privileged information for
personal gain or use. nor to benefit friends or acquaintances. If an employee has outside
interests which could be affected by a City plan or activity. this situation must be reported
to the appropriate authority immediately. Each employee is charged with the
responsibility of insuring that only information that should be made available to the
general public is released. Violation of these provisions regarding use of privileged
infonnation for private gain or use shall be just cause for disciplinary action and/or the
filing of an appropriate criminal charge.
D. Political Activitv. No employee may solicit any money. influence, service. or other thing
of value. or otherwise aid or promote any political committee or the nomination or
election of any person to public office while on the job or at his place of employment.
Nothing in this section, however. is intended to restrict the right of an employee to
express his personal political views.
E. Endorsements. Endorsements of any product or service utilizing the employee's official

position with the City must have prior authorization of the City Administrator.
F. Use of Citv Facilities and Material. All City-owned facilities. huildings, equipment.
motor vehicles. tools. supplies. material and other items of value. are for the express
Page 20 of37
purpose of carrying ouHhe officially adopted programs and services of the City of
Whitefish. No employee or agent of the City shall use any City-owned facility,
building, equipment, motor vehicle, tool. supply, material. or other item of value for
their personal benefit or for the personal benefit of any other individual unless such
action is required in the performance of officially assigned duties.
7.2 DISCIPLINE
It shall be the policy of the City to administer discipline fairly. reasonably. and
impartially. Employees and the City are best served when discipline is administered to
correct actions rather than to punish. 11 is the responsibility of all employees to observe
the rules, regulations, procedures. and ordinances established for the proper operation of
the City. Failure to comply with such rules, regulations. procedures. and ordinances will
result in disciplinary action.
A. Types of Disciplinarv Measures:
1. Oral Waming. Whenever grounds for disciplinary action exist and it is determined
that more severe action is not immediately necessary, the appropriate authority should
orally communicate to the employee the observation of the deficiency. Whenever
possible, sufficient time for improvement should precede formal disciplinary action.
Proper notation of the warning should be made to the employee's record. -194-
') Written Warn·ing/Reprimand. The appropriate authority may reprimand an employee

for cause. A reprimand shall be in writing and be addressed to the employee's
personnel file. A copy of the reprimand shall be given to and signed by the employee,
and a copy placed in his personnel file.
3. Suspension. The appropriate authority. with the concurrence of the City

Administrator. may suspend an employee without pay for a period not to exceed
fifteen days, as a disciplinary measure for cause. On or before the effective date of the
suspension the City Administrator and the employee shall be furnished with a written
copy of the statement setting forth reasons for suspension. The employee shall sign
the suspension notice solely to acknowledge its receipt.
4. Demotion. The appropriate authority. with the concurrence of the City Administrator.
may demote or reduce in grade any employee in the department for either the good of
the service or for a disciplinary measure for cause. Demotion to a lower grade
includes reduction in salary commensurate with the lower grade and step within that
grade. A written copy of a statement setting forth reasons for the demotion or
reduction in grade shall be presented to. and signed by the employee to acknowledge
the action. A copy of the statement shall be placed in the employee's personnel file.
Page 21 of37
5. Dismissal. The appropriate authority may, with the concurrence of the City
Administrator. dismiss for cause any employee in the department by delivering a
written statement of reasons to the employee, with a copy to the City Administrator.
B. Appeals. Warnings, reprimands, and suspensions with pay may be appealed. To appeal
such a disciplinary action taken by a supervisor, the employee must present a written
appeal to the supervisor in charge of the supervisory who imposed the disciplinary action
within ten working days of the disciplinary action.
(NOTE: The appeal process is not to be confused with the grievance procedures relating
to the provisions of these Polices and Procedures.)
If a resolution cannot be reached at this level, or if the next higher level of authority is the
depar1ment head. a copy of all relevant information should be presented to the department
head who shall attempt to resolve the matter within ten working days after it is presented
to hi m. If the department head is unable to resolve the situation, a final appeal can be
made to the City Administrator. The City Administrator shall attempt to resolve the
appeal within ten working days after it has been presented to him. The decision of the
City Administrator shall be final.
(NOTE: this section shall not apply to members of the police force for whom appeals
are governed by Montana Code Annotated.)
-195-
PROGRESSIVE DISCIPLINE
It is the responsibility of the authority in charge to insure that all City employees subject
to disciplinary measures receive corrective action appropriate to the offense and
appropriately progressive in nature. The following procedure should be used:
First offense Oral warning

Second offense Written warning
Third offense Suspension without pay
Fourth offense Dismissal
It should also be understood that. depending on the nature and circumstances of the
violation. the authorilY in charge may use any disciplinary measure appropriate within
their judgment.
7.4 GRIEVANCE PROCEDURE
A "grievance" shall mean a complaint. protest, or objection by an employee with respect

to the interpretation, meaning. or application of the provisions oft he City S Personnel
I
Policies and Procedures. or another established departmental operating manual.
It is recognized that communication of problems. and constructive suggestions can
Page 22 of37
contribute significantly to improving the overall quality of work and conditions of
employment. It is the City's policy to provide appropriate avenues of communication to
meet a variety of needs . It is also the desire of the City to resolve problems and pursue
suggestions through an informal process where such a process is in the best interest of
the City and its employees. Formal procedures are provided for those situations when
the informal process is not appropriate.
Emplovee Communications. Any time an employee has a question, problem, or

complaint, the employee should do the following:
1. Consult with the employee's immediate supervisor. Generally. the employee and
supervisor will be able to resolve the problem;
2. If the problem is not solved at this level the employee may request a meeting with
his or her department head to resolve the problem. The final determination will
be made by the department head.
Grievances. The grievance procedure is established in order to further good employee-

employer relations by providing employees a means for airing complaints regarding
their employment with the City. The grievance procedure is NOT a means of appealing
a disciplinary action imposed upon an employee.
A grievance may arise from any real or imagined dissatisfaction of any employee -196-
regardless of their appointive status with the City. however. only permanent full-and pan-
time employees are eligible to file a grievance. If complaints are not satisfactorily
answered for the aggrieved employee. the employee may go directly to the next higher
supervisory head. Ifthe aggrieved employee does not file within the time limits the
grievance will be considered void.
Nothing contained in this section shall preclude an employee from registering complaints
through procedures outlined in individual department procedure manuals. or from
reporting illegal acts or acts of misconduct on the part of other employees. Unless
govemed by specific departmental policy guidelines, any such complaint or report shall
be filed in writing in the same manner as the grievance procedure outlined in this section.
Employees serving in executive level positions (See Section 1.1) serve at the pleasure of
the City
Administrator and are excluded from the provisions of the grievance procedure.
Grievance Procedure Steps.
A. Step 1. An aggrieved employee shall first refer the grievance to his or her
immediate supervisor within ten working days of the occurrence of the action
from which the grievance stems, or the employee's knowledge of such action.
This notice must be in writing and include:
Page 23 of37
1. A statement of the grievance and relevant facts with dates and times.
2. Remedy sought.
3. Provision of the Personnel Policies violated 01', if a complaint relating to other

working conditions, the specific condition in question.
The supervisor shall respond to the grievance in writing within ten

working days.
B. Step 2. If the employee does not feel that the grievance has been resolved, the
employee may. within ten working days. appeal the grievance to his department
head. The department head shall respond in writing to the grievance within ten
working days.
C. Step 3. If the employee is dissatisfied with the decision of the department

head, the employee may, within ten working days. submit the grievance. in
writing, to the City Administrator. This written notice shall include the
following:
1. A statement of the grievance and relevant facts with dates and times.
-197- 2. Remedy sought. "
3. Reasons for dissatisfaction with the department head's solution.
The City Administrator shall attempt to resolve the grievance and shall
render a decision in writing within ten working days. The Administrator is
the final authority within the City on grievances presented by non-
represented employees, or represented employees for whom an employment
contract does not include specific grievance procedures.
D. General Ground Rules for Grievance.
All employee's grievances or complaints concerning other conditions of

employment must follow this chain of appeal. At no time will an employee bypass
a supervisor or department head, or approach the Mayor or a City Council
member with a grievance.
2 All references to number of days will be understood as consecutive days worked
by the grieving employee and his supervisor rather than calendar days. Time
limits may be waived upon consent ofhoth panies.
3 Employees shall have freedom ii'om reprisal for use of the grievance procedures,
insomuch as grievances are not frivolous, as determined hy the City
Administrator. No retaliation, disciplinary action. or discrimination shall occur
because of the filing of a grievance. nor shall the filing prevent the administration
of appropriate personnel actions.
Page 24 of37
SECTION XIII
WORKPLACE SAFETY FROM SUBSTANCE ABUSE
8.1. PURPOSE AND INTENT:
Emplovees and the City have a mutual obligation to ensure a safe and healthy
work environment. This policy is instituted to assure that the work place be free
of employees whose job performance may be impaired by the abuse of drugs
and/or alcohol.
The employer recognizes that drug and alcohol abuse may be considered treatable
illnesses and to the extent possible the response to these illnesses may be
treatment and rehabilitation.
It is recognized that the consumption or use of alcohol or drugs to the point that
employees are unable to perform their jobs safely and effectively cannot be
tolerated.
It is recognized that when employees have placed themselves in a situation where

their ability to perform their jobs is impaired by drugs or alcohol that it is the
responsibility of the parties to remove such employees from the work -198-
environment to prevent the endangennent of the employee. fellow employees.
and/or the public.
The City recognizes employee concerns of personal privacy and that drug or
alcohol testing shall be used only in cases where questions of impaired job
performance are involved. Adverse action against an employee for off duty
conduct shall not be taken unless such conduct directly impairs the employee's
on-the-job perforn1ance .
8.2. SUBSTANCES: The unlawful manufacture. distribution. dispensing, possession.

or use of a controlled substance is prohibited in the City's workplace or any other
location. the offending employee shall be subject to the full range of disciplinary
action. including termination.
8.3. Drugs shall be defined as those substances whose dissemination is regulated bv

law. including but not limited to narcotics. depressants, stimulants,
hallucinogens. cannabis. and alcohol. This definition shall include over-the -
counter drugs and/or drugs that require a prescription or other written approval
from a licenses phYsician or dentist for their use. The druQS that are included in
these categories are as follows:
a) Alcohol
b) cannaboids/marij uana
Page 25 of37
c) cocame
d) heroin
e) opium or opiates
f) phencyclidine (PCP)
g) Ivsergic acid diethvlamide (LSD)
11) barbiturates
i). amphetamines or methamphetamines
j) methaqualone
k) mescaline
1) glutet himide
m) phenocvcladine
n) procvclidine
0) other controlled substances as defined in Title 50. Chapter 32 . Part
2 Montana Code Annotated. and as subsequently amended
p) a prescription drug for which the emplovee does have or does not
have a cunent valid, personal prescription and which is not
authorized or approved for use while operating a motor vehicle or
other equipment
q) any over-the -counter drug which may impair job perfonnance and
safetv.
8.4. The presence of trace amounts of alcohol. cannaboids and/or over-the-counter

-199- drugs as evidenced bv a drug or alcohol test shall not be grounds for disciplinary
action to the extent that job performance and/or the abilitv to perform safelv is not
lessened to any appreciable degree except where the presence ofthese substances
is in violation of an agreed upon treatment and/or return to work agreement.
8.5. In the event there is reasonable cause to believe that an emplovee ' s job
perfonnance mav be impaired by drugs or alcohol, the employee's supervisor
shall question the employee with regard to the behavior. The supervisor shall
directly observe the employee s behavior and document the behavior. Indications
f
of impaired behavior include but are not limited to the following:
staggering or inegular gait. the odor of alcohol on the breath. sluned speech.
dilated or constricted pupils, inattentiveness. listlessness, hyperactivity,
perfonnance problems, illogical speech and thought processes, poor judgment. or
unusual or abnonnal behavior.
8.6. When possible, a second managerial emplovee shall also observe the emplovee to
verifv that there is reasonable cause to believe that drug or alcohol consumption
may be involved. A detennination shall be made as to whether or not the
emplovee's behavior is impaired to the point of being unable to perform his duties
effectivelv and safelv. The emplovee shall be relieved of his duties and placed on
a suspension with pav status until a clear determination can be made as to the
abuse or non-abuse of drugs or alcohol.
Page 26 of37
8.7. If it is concluded that there is reasonable cause to believe that drug or alcohol use
or consumption is involved. the supervisor or appropriate manager shall have a
drug or alcohol test administered. Failure of an emplovee to take the testes) may
be cause for disciplinarv action. The City mav also have the employee undergo a
physical examination at City expense at the time that the drug or alcohol test is
administered. The testes) must be conducted within a reasonable time period after
the observation ofthe problem behavior.
8.8. If the test is neg:ative . the employee shall be counselled by the phvsician and
returned to work if appropriate to the medical diagnosis. There shall be no loss of
payor benefits. Where appropriate a signed phYsician ' s release may be required
bv the employer before the emplovee is returned to work. Time lost due to an
illness will be charged to sick leave. If the behavior that led to the initial
investigation is not due to substance abuse but continues to hinder job
performance. the City may require the emplovee to undergo fWiher medical
evaluation.
8.9. If the test is positive the employee mav be tern1inated depending upon the
circumstances of the situation. Circumstances that would warrant an immediate
termination would include incidents where the employee's impairinent resulted in
loss of life. serious injury to self or others. the serious loss or damage of property
or an incident of parallel magnitude.
8.10. In cases where immediate termination is not warranted. the employee will be
-200-
placed in an unpaid rehabilitation leave status. The employee shall be evaluated
and a recommended appropriate treatment shall then be arranged. Where
appropriate the employee shall be referred to a treatment program agreed upon by
the emplovee and the City Administrator. Once the inpatient part of the prog:ram
has been completed. the emplovee may be re-emploved but only with a written
release from a physician. Where it is prescribed bv a physician and/or a treatment
program. drug testing may be included as a part of that treatment program. An
employee who is returned to work as provided for under this procedure who fails
to comply with any of the terms of an agreed upon treatment and/or return to
work agreement may be subject to the full range of disciplinaD' action. including
termination.
8.11. An emplovee who is the subject of an investigation related to substance abuse

mav have a representative or another employee present during the investigative
procedures outlined above. Disciplinary actions taken by the City under this
procedure shall be subject to the Grievance Procedure of Section VII of City ' s
Personnel Policies and Procedures.
8.12. The City may utilize both urine and blood tests for verification. The "enzvme-
immunoassay" (EMIT) and "gas chromatographY mass spectrophotometry" (DC-
MS) test method shall be used in a laboratory ag:reed upon bv the employee and
the Citv. The Cit" shall pav for the costs of all tests and medical examinations
carried out under this procedure. The City shall maintain confidentiality of test
Page 27 of37
results to the extent possible.
8.13. The City. the employee and the union. where applicable. shall work cooperatively
to facilitate the resolution of problems that arise under the administration of this
policy. When appropriate. the emplovee and the City shall enter into joint
agreements that establish the form of treatment and the conditions that will be
imposed for the return of an emplovee to the work place.
8.14. The City Administrator shall carry out educational programs designed to prevent
and deter misuse and abuse of dangerous drm!s. promote better recognition of the
problems of misuse and abuse of dangerous drugs and disseminate the results of
research on misuse. abuse of dangerous drugs and what can be done to combat
them. and assist in the education and training of department heads in their efforts
to control misuse and abuse of dangerous drugs in or upon the workplace.
Such educational programs shall be an ongoing drug-free awareness program to

inform emplovees about:
a) the dangers of drug abuse in the workplace;

b) the City's policy of maintaining a drug-free workplace;
c) Any available drug counseling. rehabilitation, and employee
assistance programs; and
d) the penalties that may be imposed upon emplovees for drug abuse
violations occurring in the workplace.
-201-
8.15. That each employee in the performance of a grant from anv federal agency shall
be given a COPy of the statement contained in paragraph 13.2. and be notified that,
as a condition of employment under the grant the employee will abide by the
terms of the statement and notify the City in writing of any criminal drug statute
conviction for a violation occurring in the workplace no later than five (5)
calendar days after such conviction.
The City shall notify the federal agency involved. in writing. within ten (10)
calendar days after receiving notice under the foregoing paragraph from an
employee or otherwise receiving actual notice of such conviction.
8.16. The City shall. within thirty (30) calendar davs of receiving notice under
paragraph 13.15 with respect to any emplovee who is so convicted:
a) Take appropriate personnel action against said emplovee. up to and

including termination: or
b) Require such employee to participate satisfactorilv in a drml abuse

assistance or rehabilitation program approved for such purposes by
federal. state. or local health law enforcement or other appropriate
aQ:ency. g
[; Entire Section 8 adopted bv Resolution No. 94-')5. June 24,1994.
Page 28 of37
APPENDIX I
ADMINISTRATlVE RULES
-202-
Page 29 of37
APPENDIX I
ADMINISTRA TIVE RULES

A. Standards of Conduct.
In the interest of the City and the public. it is desirable at all times. whether 011, or off-
duty. that an employee's conduct reflect favorably on the employee, fellow employees.
und the City. Off-duty misconduct ma~y result in discipline when it renders an employee
less capable of performing his or her duties and responsibilities, or when it reflects
unfavorably upon an employee's continued qualifications for employment.
It is the City's policy to place as few restraints on an employee's personal conduct as

possible. The City relies on each employee's good judgement and sense of responsibility as
the principal source of guidance for conducting day-today duties and responsibilities.
However, for the protection of the City's business interests and those of other employees,
celiain rules of conduct have been established. The rules are formalized for each
employee's information and to minimize the likelihood of any employee, through
misunderstanding or otherwise, becoming subject to disciplinary action.
1. Immediate Discharge. There are certain kinds of actions which cannot be permitted to
occur because of their impact on other employees and the City. Such offenses may
result in discharge 011 the first OCCUlTence. The following section contains examples
-203- of such offenses. This list of e;xamples is not all-inclusive. Before a final decision is
made regarding a discharge, the City will convene a pre-termination meeting as
provided for in the "discipline" section of these Rules.
The OCCUlTence of any of the following is deemed a sufficient justification for

immediate discharge:
a. Theft. misappropriation, or removal of City propeliy or the property of

employees, clients, or customers.
b. Knowing, intentionaL or repeated falsification of any application for employment

or any report. time sheet or City record.
c. Soliciting and/or accepting payment, gifts. or any item or value for services
performed during the regular workday, whether or not the services are performed
on behalf of the City, and whether or not City vehicles or equipment are used.
d. Willful alteration. destruction. or waste of City property, structure. records, or

equipment wherever located. or the destruction of another employee's property.
e. Unless associated with legitimate employment activities, bringing alcohol,

narcotics, or other controlled substances onto City propeliy or into City vehicles;
the use of alcohoL narcotics. or other controlled substances on City property or in
Page 30 of37
City vehicles: reporting to work or being under the influence of alcohol, narcotics,
or other controlled substances while on working time, or while on City property
or in City vehicles.
1'. Giving or taking a bribe of any nature as inducement for obtaining or retaining a
job position.
g. Serious or repeated disorderly conduct, horseplay or insubordination.

Insubordination includes, but is not limited to: neglect of duty, or refusal or
failure to obey orders or instructions in the line of duty: public disrespect
displayed toward a supervisor or the City while performing work for the City; and
abusive language to any supervisor.
h. Threatening, intimidating, coercing, or interfering with supervisors or other

employees; the use of profanity or abusive language towards a fellow employee or
member of the general public while performing official duties as a City employee.
1. Deliberate attempts to injure another employee, or fighting on City property .
.J. Sleeping during working hours.
k. Unauthorized possession of firearms, explosives. or any dangerous weapons while

performing City work. -204-
1. Pmiicipating in an unauthorized work stoppage or slowdown.
m. Recklessness resulting in a serious accident while on duty, whether on City

property or while driving a City vehicle.
n. Repeated, unwelcome racial or sexual harassment directed toward another

employee. Sexual harassment may include, but is not limited to; remarks or jokes
about a person's clothing, body, or sexual activity: unwanted touching, patting or
brushing against a person; verbal or physical advances of a sexual nature: requests
for sexual favors in exchange for employment. retention of job, promotion, or
other employment benefits.
o. Gambling for items of value during working hours or on City premises.
p. Being adjudged guilty of a crime which brings discredit to the City or hinders the
employee's ability to perform in his or her job capacity.
q. Divulging or misusing confidential information. including removal hom City

premises without proper authorization. any employee lists. records. designs,
drawings. or confidential information of any kind.
Page 31 of37
r. Other conduct unbecoming public service or reflecting discredit upon the City.
2. Other Disciplinary Actions. There are certain types of actions which should not occur,
but normally it is the reoccurrence of the action rather the first OCCUlTence which results
in discharge. For such actions, a regular employee will normally receive a written or
verbal warning, be suspended without pay. or placed on disciplinary probation prior to
discharge, depending upon all the facts and circumstances presented in each instance. The
listing of such offenses is not all-inclusive.
The occunence of any of the following is deemed sufficient justification for the
imposition oflesser discipline such as a waming, suspension with or without pay, or
probation, as set forth in the Personnel Policies and Procedures. although under
appropriate circumstances the City may immediately discharge the offender:
a. Ignoring safety rules or common safety practices.
b. Engaging in disorderly conduct, horseplay. immoral conduct, or insubordination;

using uncivil, insulting, vile. or obscene language.
c. Failure to report occupational injuries or accidents, including motor vehicle

accidents, promptly to the employee's supervisor.
d. Engaging in activities other than assigned work during working hours and/or while
operating City equipment, without approval in advance by an employee's supervisor.
-205- " or an other
e. Acting in an insulting. rude. insolent, or uncivil manner toward the public.
person while working for the City, or while operating City equipment or on City
premises.
f. Failure to exercise the care and attention to one's work as required by the
circumstances.
g. Smoking in restricted or prohibited areas, whether on City propeliy or otherwise.
h. Accepting employment with another employer while on leave without pay from
the City without written authorization from the City.
1. Acting in any manner inconsistent with common sense rules of conduct necessary
to the welfare of the City or its employees .
.I. Unexcused or excessive absences or tardiness; abuse of sick leave privileges by reporting
sick when not sick or obtaining sick leave pay falsely or under false pretenses.
k. Leaving work before the end of the shift or not being ready to begin work at the start of
the shift. or working overtime without permission of management.
1. "Loafing" or spending unnecessary time away from the job.
111. Unauthorized possession or use of any City property. equipment or material.
n. Canying an unauthorized passenger in a City vehicle.
Page 32 of37
o. Contributing to unsanitary conditions.
p. Use of City propeliy or time for personal financial gain.
q. Sexual or racial harassment or other unlawful discrimination toward another

employee.
r. Having wages or salary subject to a writ of garnishment for three or more separate
incidents of indebtedness in a continuous twelve month period.
s. Speaking critically or making derogatory or false accusations so as to discredit

other employees or supervisors.
t. Inability to get along with fellow employees so that the individual or departmental
work being done is hindered and not up to required standards.
u. Lying to supervisors in connection with one' s job.
B. Discipline.
The occurrence of any of the actions set forth in the "conduct" section of these
Rules is deemed a sufficient justification for the imposition of the disciplinary
procedures set forth in the Personnel Policies and Procedures. The City may skip
steps in this sequence whenever, in its judgement, circumstances require an -206-
abbreviated disciplin"ary procedure.
All disciplinary actions involving suspensions without pay, or termination require
concurrence of the City Administrator prior to discipline being administered.
1. Oral warning. Oral warnings may be given for minor offenses or to bring to the
attention of an employee potential work performance problems. This must always
be private. Oral warnings may include an explanation of the violation or problem
and any request for corrective action on the part of the employee. A notation of
each oral warning should be placed in the employee's official personnel file and
maintained for future reference. In addition, the offending employee may be
handed a warning note.
2. Written Warning/Reprimand. A written warning may be given for a more serious

offense or when the employee, who has been orally warned for minor offenses or
problems in his or her work performance, repeats them or fails to take conective
action. Written warnings should contain:
a. statement of the facts;
b. a statement of the discipline being given, if any;
c. if appropriate, the employee's explanation and reason for the violation;
d. the required corrective action on the pmi of the employee:
e. if appropriate, a written and definite period of disciplinary probation (not to
exceed three months) during which the employee must clearly demonstrate
Page 33 of37
improvement;
f a statement indicating further disciplinary action may follow if correction is
not achieved: and
g. a signature block for the employee under the statement:
"By my signature I acknowledge the disciplinary action

imposed upon me, however. my signature does not imply
agreement with the disciplinary action. nor the revocation
of my rights to register a grievance thereto."
The warning may be signed by any other supervisor who may be present at the
discussion. The warning should be signed by the employee's direct supervisor and
the
City department head involved. Copies of written warnings are to be forwarded to
the -
City Administrator.
After review with the employee. the employee is requested to sign the written
reprimand
before it is placed in his or her personnel file. Signing by an employee does not
imply
agreement or void grievance rights. it merely acknowledges the action taken.
-207- After "
review with the employee. a copy of the written" warning is to be given to the
employee
and a copy is to be entered into the employee's personnel file.
3. Suspension Without Pay. A suspension may be given for serious infractions of

employee rules of conduct which are not deemed sutTicient justification for
immediate discharge. or for repeated offenses. or for failure to correct an action for
which a written warning was previously given. A suspension is time off without
pay for disciplinary reasons, and will be for as long as the City determines is
reasonable and necessary for a specific violation. but not to exceed fifteen days. An
investigatory suspension may be used in cases where it is necessary to investigate a
situation to determine what further disciplinary action may be justified. This
measure affords the supervisor the opportunity to discuss the problem with his or
her superior to detem1ine an appropriate course of action when the situation is
serious enough for the employee to be removed from the work environment.
If after investigation it is determined that the employee was not gui Ity of any
violation. he or she will normally be returned 10 his or her position. paid for any
lost time. and a letter exonerating the employee will be placed in his or her oflicial
personnel iile. If. however. the employee is found in violation. then the appropriate
disciplinary action will take effect on the date that the investigatory suspension
began.
In each case of disciplinary suspension. a written memorandum should
Page 34 of37
be prepared indicating:
a. the event or events which led to the suspension;
b. the duration of suspension;
c. a statement indicating required corrective action on the part of the employee:
d. if appropriate, the employee's explanation or comment;
e. if appropriate, a statement indicating that it is a "final warning" and further

indicating that the employee will be discharged upon the occurrence of
another infraction, or unless corrective action is taken within the stated time;
and
f. a signature block for the employee under the statement:
"By my signature I acknowledge the disciplinary action

imposed upon me, however. my signature does not imply
agreement with the disciplinary action, nor the revocation of
my rights to register a grievance thereto."
The memorandum may be signed by any other supervisor who may be present at
the discussion. The memorandum must be signed by the employee's direct
supervisor and the department head involved, with a copy forwarded to the City
Administrator. , -208-
After review with the employee, the employee is requested to sign the written
reprimand and notice of suspension before it is placed in his or her personnel file.
Signing by an employee does not imply agreement or void grievance rights, it
merely acknowledges the action taken. After review with the employee, a copy of
the written reprimand is to be given to the employee and a copy is to be entered
into the employee's personnel file.
4. Demotion.
a. Voluntarv Demotion. A regular employee may request a demotion to a

position in a lower classification. or a restructuring of his or her job duties
resulting in a lower classification. Department heads are encouraged to
explore ways to accommodate the employee if it is possible to do so without
jeopardizing the efficiency of the work unit or placing an unfair burden on
other employees. If a vacancy occurs for which the employee is qualified, and
the department head involved agrees, the employee may be interviewed and
considered for the position on the same basis as other City applicants.
b. Involuntarv Demotion. A department head. after review with the City

Administrator, may demote an employee whose ability to perf01111 the
required duties for the position falls below minimum performance
Page 35 of37
requirements as established by the immediate supervisor, or for disciplinary
purposes. No employee shall be demoted to a position for which he or she
does not possess the minimum qualifications.
In each case of disciplinary suspension a written memorandum should be

prepared indicating:
1) the event or events which led to the demotion;
2) if appropriate, the employee's explanation or comment; and
3) a signature block for the employee under the statement:
"By my signature I acknowledge the demotion to (title of

position), however, my signature does not imply agreement
with the demotion, nor the revocation of my rights to
register a grievance thereto."
The memorandum may be signed by any other person who may be present at
the discussion. The memorandum must be signed by the employee's
depm1ment head, with a copy forwarded to the City Administrator.
-209-
After review with the employee. the employee is requested to sign the 'Written
notice of demotion before it is placed in his or her personnel file. Signing by
an employee does not imply agreement or void grievance rights, it merely
acknowledges the action taken. After review with the employee, a copy of the
written notice of demotion is to be given to the employee and a copy is to be
entered into the employee's personnel file.
5. Dismissal. When the supervisor believes the nature of a violation warrants dismissal,
or if the dismissal is a result of the disciplinary procedure where the desired
corrective action was not achieved by one or all of the steps provided in the
Personnel Policies and Procedures, the supervisor will prepare a written report to his
or her department head. The written report should included:
a. the reason or reasons for the dismissal;
b. information on any previous warnings or disciplinary actions which may be

relevant;
c. a brief summary of the regular employee's past work record and length of
employment with the City; and
d. any other relevant inf<.mnati 011.
Page 36 of37
The department head and the employee's direct supervisor shall process the case
together and present their findings and recommendation to the City Administrator.
Before the final decision is made regarding a dismissal, a pre-dismissal hearing shall
be convened.
Pre-Dismissal Hearing. No regular employee shall be terminated without a pre-

dismissal hearing having been scheduled. The employee shall be provided with a
written notice of the charge or grounds for termination and a summary of the City'S
evidence. The employee shall be given an opportunity to respond to these charges,
either orally or in writing, and to explain why the City should not proceed with the
discharge. The employee may have legal counselor union representation present at a
pre-dismissal meeting.
Although the department head's explanation of the City'S evidence should be

sufficient to inform the employee of the basis for dismissal, this procedure shall not
be construed to limit the City at any subsequent hearing or proceeding from
presenting a more detailed and complete case. including the presentation of witnesses
and/or documents not introduced at the dismissal hearing.
Should the appointing authority detemline to proceed with the dismissal or some
alternative disciplinary action, the City will give the employee written notice of
discipline without undue delay. The notice shall include the charges against the
employ and a general statement of the findings of the hearing. There is no appeal -210-
from a determination following a pre-dismissal hearing.
Page 37 of37
THE FOLLOWING RESOLUTIONS ARE THE ONES
WHICH ARE BEING INCORPORATED INTO THE
APRIL 5, 2010 REVISED VERSION OF THE
PERSONNEL RULES AND REGULATIONS
-211-
RESOLUTION NO. 06-~

AMENDING THE CITY'S PERSONNEL RULES AND REGULATIONS WITH RESPECT
TO EMERGENCY LEAVE.
WHEREAS, the Personnel Rules and Regulations have been amended

incrementally over the years; and
WHEREAS, the City Manager has recommended that emergency leave, which is
available in the event of the death of a family member, be expanded;

Section 1: Section 5.5 of the City's Personnel Rules and Regulations, entitled
"EMERGENCY LEAVE," is hereby amended, retroactive to June 1,2006, in its entirety to
provide as follows:
A. In the event of a death of the employee's spouse, parent, sibling or

child, time off with pay up to a maximum of ten days will be allowed
for the employee. The leave proviped herein will not be charged to -212-
the employee's sick leave, and is avaHable whether or not the
employee has accrued sick leave. Leave available under this
Section 5.5(A) but not used within thirty days of the death will be
forfeited.
B. in the event of a death in the employee's extended family (as defined

below), in addition to any leave that might be available under
Section 5.5(A) above, time off with pay up to a maximum of five days
will be allowed for the employee to be in attendance.
C. In the event of an emergency illness in the extended family, time off

with pay for a maximum of three days per occurrence in any six month
period will be allowed for the employee to be in attendance.
D. "Extended family" consists of spouse, child, father, mother, brother,

sister, grandparent, or guardian or relative of the employee's wife or
husband.
E. Days off under Section 5.5(B) or (C) will be charged to sick leave.
F. All emergency leave must have the appropriate authority's prior

written approval.
-1-
Section 2: The following provIsIons are added to Section 5.11, entitled
"GENERAL LEAVE PROVISIONS:"
C. The exchange or donation of leave time from one employee to

another is expressly prohibited.
D. Employees shall not at any time take vacation leave or sick leave that
has not yet accrued.
City Council, and signing by the Mayor thereof.

MONTANA, ON THIS 19TH DAY OF JUNE ,2006.
=ANDY FEURY, MAYOR DEPUTY MAYOR COUGHLIN

ATTEST:
'·-/{L':f,/{\~'. ,~(c2 t:~, 7 Z4

-213- Necile Lorang, CitX Clerk ,j_ _ _ _ _
-2-
RESOLUTION NO. 94- 2S
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WHITEFISH MONTANA

1 I
ADOPTING A FORMAL DRUG-FREE POLICY IN THE WORKPLACE AS REQUIRED BY

THE FEDERAL DRUG-FREE WORKPLACE ACT.
WHEREAS I the federal government has adopted the Drug - Free

Workplace Act requiring that all grantees receiving grants from any
federal agency must certify that they will provide a drug-free
workplace; and
WHEREAS the City of Whitefish is and expects to be a grantee

I
from different federal agencies.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY

1
OF WHITEFISH, MONTANA:
SECTION 1. That it is hereby deemed necessarYI advisable l
and desirable by the City Council of the City of Whitefish l
Montana, to adopt a formal Drug Free Policy in the workplace.
SECTION 2. PURPOSE AND INTENT: Employees and the City have

a mutual obligation to ensure a safe and healthy work environment.
This policy is instituted to assure that the work place be free of
employees whose job performance may be impaired by the abuse of
drugs and/or alcohol.
The employer recognizes that drug and al~ohol abuse may be -214-
considered treatable illnesses and to the extent possible the
response to these illnesses may be treatment and rehabilitation.
It is recognized that the consumption or use of alcohol or

drugs to the point that employees are unable to perfollU their jobs
safely and effectively cannot be tolerated.
It is recognized that when employees have placed themselves in

a situation where their ability to perform their jobs is impaired
by drugs or alcohol that it is the responsibility of the parties to
remove such employees from the work environment to prevent the
endangerment of the employee fellow employees and/or the public.
I I
The City recognizes employee concerns of personal privacy and

that drug or alcohol testing shall be used only in cases where
questions of impaired job performance are involved. Adverse action
against an employee for off duty conduct shall not be taken unless
such conduct directly impairs the employee's on-the-job
performance.
SECTION 3. SUBSTANCES: The unlawful manufacture,

distribution l dispensing
l possession
l or use of a controlled
substance is prohibited in the City's workplace or any other
1
location, the offending employee shall be subject to the full range
of disciplinary action, including termination.
SECTION 4. Drugs shall be defined as those substances whose

dissemination is regulated by law, including but not limited to
narcotics, depressants, stimulants, hallucinogens, cannabis, and
alcohol. This definition shall include over- the - counter drugs
and/or drugs that require a prescription or other written approval
from a licenses physician or dentist for their use. The drugs that
are included in these categories are as follows:
a) alcohol
b) cannaboids/marijuana
c) cocaine
d) heroin
e) opium or opiates
f) phencyclidine (PCP)
g) lysergic acid diethylamide (LSD)
h) barbiturates
i) amphetamines or methamphetamines
j ) methaqualone
k) mescaline
1) glutethimide
m) phenocycladine
n) procyclidine
0) other controlled substances as defined in Title 50 f
Chapter 32, Part 2 Montana Code Annotated j and as

subsec:jUently amended "
-215- p) a prescription drug for which the employee does have or
does not have a current, valid, personal prescription and
which is not authorized or approved for use while
operating a motor vehicle or other equipment
q) any over - the - counter drug which may impair job
performance and safety.
SECTION 5. The p:::-esence of trace amounts of alcohol,

cannaboids and/or over-the-counter drugs as evidenced by a drug or
alcohol test, shall not be grounds for disciplinary action to the
extent that job performance and/or the ability to perform safely is
not lessened to any appreciable degreei except where the presence
of these substances is in violation of an agreed upon treatment
and/or return to work agreement.
SECTION 6. In the event there is reasonable cause to believe

that an employee I s job performance may be impaired by drugs or
alcohol, the employee I s supervisor shall question the employee with
regard to the behavior. The supervisor shall directly observe the
employee I s behavior and document the behavior. Indications of
impaired behavior include but are not limited to the following:
staggering or irregular gait, the odor of alcohol on the breath,
slurred speech, dilated or constricted pupils, inattentiveness,
listlessness hyperacti vi ty performance problems illogical speech
I I I
2
and thought processes, poor judgment, or unusual or abnormal
behavior.
SECTION 7. When possible, a second managerial employee shall

also observe the employee to verify that there is reasonable cause
to believe that drug or alcohol consumption may be involved. A
determination shall be made as to whether or not the employee's
behavior is impaired to the point of being unable to perform his
duties effectively and safely. The employee shall be relieved of
his duties and placed on a suspension with pay status until a clear
determination can be made as to the abuse or non-abuse of drugs or
alcohol.
SECTION 8. If it is concluded that there is reasonable cause

to believe that drug or alcohol use or consumption is inVOlved, the
supervisor or appropriate manager shall have a drug or alcohol tes~
administered. Failure of an employee to take the test(s) may be
cause for disciplinary action. The City may also have the employee
undergo a physical examination at City expense at the time that the
drug or alcohol test is administered. The test(s) must be conducted
within a reasonable time period after the observation of the
problem behavior.
SECTION 9. If the test is negative, the employee shall be

counsel led by the physician and returned to work if appropriate to
the medical diagnosis. There shall be no loss of payor benefits.
Where appropriate a signed physician's release may be required by
the employer before the employee is returned to work. Time lost due -216-
to an illness will be cha~ed to sick leave. If the behavior that
led to the initial investigation is not due to substance abuse but
continues to hinder job performance, the City may require the
employee to undergo further medical evaluation.
SECTION 10. If the test is positive the employee may be

terminated depending upon the circumstances of the situation.
Circumstances that would warrant an immediate termination would
include incidents where the employee's impairment resulted in loss
of life, serious injury to self or others, the serious loss or
damage of property or an incident of parallel magnitude.
SECTION 11. In cases where immediate termination is not

warranted, the employee will be placed in an unpaid rehabilitation
leave status. The employee shall be evaluated and a recommended
appropriate treatment shall then be arranged. Where appropriate the
employee shall be referred to a treatment program agreed upon by
the employee and the City Administrator. Once the inpatient part of
the program has been completed, the employee may be re-employed but
only with a written release from a physician. Where it is
prescribed by a physician and/or a treatment program, drug testing
may be included as a part of that treatment program. An employee
who is returned to work as provided for under this procedure who
fails to comply with any of the terms of an agreed upon treatment
3
and/or return to work agreement may be subject to the full range of
disciplinary action, including termination.
SECTION 12. An employee who is· the subject of an

investigation related to substance abuse may have a representative
or another employee present during the investigative procedures
outlined above. Disciplinary actions taken by the City under this
policy shall be subject to the procedures and terms herein set
forth only and shall not be subj ect to any other policies or
procedures.
SECTION 13. The City may utilize both urine and blood tests
for verification. The l1enzyme-immunoassay" (EMIT) and "gas
chromatography mass spectrophotometry" (DC-MS) test method shall be
used in a laboratory agreed upon by the employee and the City. The
City shall pay for the costs of all tests and medical examinations
carried out under this procedure. The City shall maintain
confidentiality of test results to the extent possible.
SECTION 14. The City, the employee and the union, if and
where applicable, shall work cooperatively to facilitate the
resolution of problems that arise under the administration of this
policy. When appropriate, the employee and the City shall enter
into joint agreements that establish the form of treatment and the
conditions that will be imposed for the return of an employee to
the work place.
SECTION 15. The City Adminis~ator shall carry out

-217- educational programs designed to prevent and deter misuse and abuse
of dangerous drugs, promote better recognition of the problems of
misuse and abuse of dangerous drugs and disseminate the results of
research on misuse, abuse of dangerous d~ugs and what can be done
to combat them, and assist in the education and training of
department heads in their efforts to control misuse and abuse of
dangerous drugs in or upon the workplace.
Such educational programs shall be an ongoing drug-free

awareness program to inform employees about:
a) the dangers of drug abuse in the workplace;

b) the City's policy of maintaining a drug-free workplace;
c) Any available drug counseling, rehabilitation, and
employee assistance programs; and
d) the penal ties that may be imposed upon employees for drug
abuse violations occurring in the workplace.
SECTION 16. That each employee in the performance of a grant

from any federal agency shall be given a copy of the statement
contained in Section 3, and be notified that, as a condition of
employment under the grant, the employee will abide by the terms of
the statement, and notify the City in writing of any criminal drug
statute conviction for a violation occurring in the workplace no
4
later than five (5) calendar days after such conviction.
The City shall notify the federal agency involved, in writing,

wi thin ten (10) calendar days after receiving notice under the
foregoing paragraph from an employee or otherwise receiving actual
notice of such conviction.
SECTION 17. The City shall, within thirty (30) calendar days
of receiving notice under Section 16 with respect to any employee
who is so convicted:
a) Take appropriate personnel action against said employee,

up to and including termination; or
b) Require such employee to participate satisfactorily in a

drug abuse assistance or rehabilitation program approved
for such purposes by federal, state, or local health law
enforcement, or other appropriate agency.
SECTION 18. This Resolution shall become final and effective.

immediately.
DULY PASSED AND ADOPTED by the City Council of the City of

Whi tef ish on this ,:J'(! ~;:; day of -y tA" c::<,c:-- , 19 9/f.
9 ,~-"LL -218-
ATTEST:
Ci ty C}'E:rk
5
)~-,- l58, Whitefish, Montana 59937 (406) 863-2400
Memorandum
February 23, 2000
TO: City Staff
FROM: Gary Marks, City Manager
RE: Excess Vacation Accrual Policy.
During last night's City Council meeting, the Council adopted a new vacation
accural policy. State law currently limits the amount of vacation time a public
employee may accumulate. The limits are as follows:
1 day through 10 years service 30 days or 240 hours

10 through 15 years service 36 days or 288 hours
15 through 20 years service 42 days or 336 hours
-219- 20 years and up 48 days or 384 hours
The City's recent audit found that several employees had vacation accruals in
excess of the above limits, The City was directed by auditors to either eliminate
the excess accurals by March 31, 2000, as directed by State Law, or have the
City Council adopt an alternative plan.
The Council opted for the latter approach. The alternative plan (attached for yom
reference) gives employees with excess \t.acation time an extra year to use and
reduce the excesses to within the above listed limits. The deadline to use excess
accruals is April 1. 2001. Please be aware that anv excess vacation accruals
that exist as of April 1. 2001, will be forfeited. If you have excess vacation
accruals please make plans over the next 13 months to use vacation time and
bring your accrual level in line with the above listed limits.
The policy also sets an annual forfeiture date of April 1, beginning in 2002, for
excess vacation accruals. This provision merely reinforces existing state law.
If you have questions about this policy, please let me or the Clerk's Office know.
RESOLUTION NO. 00-07
A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF WHITEFISH, MONTANA,

ADOPTING RULES FOR THE USE AND ACCUMULATION, AND FORFEITURE, OF
VACATION LEAVE.
WHEREAS, State law, particularly Section 2-18-617(1 )(a), MCA, contains limitations
on the amount of vacation leave that a city employee may accumulate; and
WHEREAS, Section 2-18-617, MCA, provides that annual vacation leave may be
accumulated to a total not to exceed two times the maximum number of days earned
annually; and
WHEREAS, a number of City employees have accumulated vacation leave in

excess of that allowed by State law, as set forth above; and
WHEREAS, the City's auditors have notified the City that its employees'
accumulated vacation time must be kept within the limits described above, and have
indicated that they will report the existing excess accumulation to the Montana Secretary
of State in connection with their audit of the City's 1998-99 fiscal year; and
WHEREAS, for purposes of this Resolution, any vacation leave accumulated in

excess of the amount permitted by Section 2-18-617(1 )(a), MCA, shall be referred to as
-220-
"excess vacation leave"; and
WHEREAS, in response to the City auditor's direction, the City Manager has
recommended that the City Council adopt a policy which encourages employees to use
their excess vacation leave, while at the same time allowing them a sufficient amount of
time to do so, thereby assuring the smooth operation of the City, and assuring that the City
has sufficient employees to adequately serve the public;

Montana as follows:
Section 1: That the policy set forth herein shall apply to all City employees.
Section 2: Any "excess vacation leave," as defined above, must be used by April 1,
2001, or it will be forfeited.
Section 3: After April 1,2001, employees shall be required to use sufficient vacation
leave so that they do not accumulate "excess vacation leave." ft.s of April 1 of each
succeeding year. any "excess vacation leave" shall be forfeited.
1
Section 4: To the extent this policy amends the City of Whitefish Personnel Rules
and Regulations, as adopted on June 20, 1994, pursuant to Resolution No. 94-23, such
revisions shall be inserted into the City of Whitefish Personnel Rules and Regulations.
Section 5: This Resolution shall take effect immediately upon adoption by the City
Council and approval by the Mayor.

MONTANA, ON THIS ,:!.,"/.I[) DAY OF FEBRUARY, 2000.
ALl. '\
r-'"
[viA YOR ~ Andrew Feury
ATTEST:
c1ty ClGrk
/
-221- "
2
RESOLUTION NO. 00-20

EXEMPTING THE POSITION OF FINANCE DIRECTOR FROM THE CITY'S
PERSONNEL RULES AND REGULATIONS.
WHEREAS, by adoption of Resolution No. 94-23 on June 20,1994, the City Council
adopted the City of Whitefish Personnel Rules and Regulations; and
WHEREAS, Section 1.1 of the Personnel Rules and Regulations provide thatthey
do not apply to certain positions, including the City Administrator, Public Works Director,
Chief of Police, Building Official, and others; and
WHEREAS, the position of Finance Director did not exist at the time of the adoption
of Resolution No. 94-23; and
WHEREAS, the City Manager has recommended that the new position of Finance
Director also be exempt from the application of the Personnel Rules and Regulations;

Montana as follows:
Section 1: That Section 1.1 of the Personnel Rules and Regulations is amended to -222-
list the Finance Director as a pbsition to which the Personnel Rules and Regulations do not "
apply.
Council and approval by the Mayor.
PASSED AND ADOPTED BY TH= CITY COUNCIL OF TH= CITY OF WHITEi=ISH,

MONTANA, ON THIS /5'f.il DAY OF MAY, 2000 .
. MA YOR>- ANDY FEURY
ATTEST:
City Clerk
1
RESOLUTION NO. 05-~

AMENDING THE CITY'S PERSONNEL RULES AND REGULATIONS WITH RESPECT TO
PLANNING DEPARTMENT PERSONNEL.
WHEREAS, the Personnel Rules and Regulations have been amended incrementally over
the years; and
WHEREAS, the City's creation of the position of Directorof Planning and Building, and the
positions of Senior Planner and Planner II, are not addressed in the City's Personnel Rules and
Regulations; and
WHEREAS, the City Manager has recommended that the position of Director of Planning
and Building, like other department heads, be exempted from the Personnel Rules and
Regulations; and
WHEREAS, the City Manager has recommended that the positions of Senior Planner and
Planner II be subject to the Personnel Rules and Regulations, except that such positions would
not be entitled to overtime payor compensatory time off;

-223- "
Section 1: That the position of Director of Planning and BuHding be added to Section 1.1
of the Personnel Rules and Regulations, as a position that is exempted from the Personnel Rules
and RegUlations.
Section 2: That the following new paragraph be added at the end of Section 1.1 of the
Personnel Rules and Regulations:
The positions of Senior Planner and Planner II shall not be entitled to

overtime compensation or compensatory time off as described in
Section 2.7.
Council, and signing by the Mayor thereof.

[VlONTANA, ON THIS 16TH DAY OF MAY ,2005.
A-L I \
ANDY FEURY, MAYOR
ATTEST:
Chuck Stearns
'=rom: Kevin Gartland [kevin@whitefishchamber.orgj

Sent: Tuesday, March 30, 20102:07 PM
To: Chuck Stearns; Mike Jenson
Cc: Ryan Freil; John Muhlfeld; Turner Askew; Phil Mitchell; Chris Hyatt; Necile @ City Hall; Bill
Kahle
Subject: Request for matching funding of MWED Economic Development Marketing Plan
Attachments: MWED Proposal. pdf
Dear Mayor Jenson, members of Council and staff:
As many of you are already aware, Montana West Economic Development Inc. is spearheading an effort to develop an
overall economic development strategy and marketing plan for Flathead County, a portion of which will focus on
identifying strategies specific to the City of Whitefish and surrounding area.
The first step in that process -- the identification of specific industries to be targeted in the marketing plan -- is nearly
complete, with the results of the Target Industry Analysis to be unveiled on April 13 at Flathead Valley Community
College.
The next step is to contract with a professional marketing firm with expertise in ED plan development to produce the
actual marketing plan. To that end, MWED has solicited a proposal from Blane Canada Research (a copy of which is
attached). The Chamber's Economic Development Committee -- of which Mayor Jenson and Councilor Kahle are
members) has been working hand-in-hand with MWED to move this initiatve forward.
The total cost of this study is $40,000, half of which ($20,000) will be covered by a grant which MWED has obtained from
the State of Montana. MWED has approached the various Chambers and cities in the Flathead to fund a portion of the
remaining $20,000, hence the request that we put before you at this time.
-224-
Our Economic Development Committee and Board of Directors "feels strongly that Whitefish needs to be a player in this
effort, and as such, we would like to partner with the City in pledging $5,000 ($2,500 from each from the City and the
Chamber) to the development of the marketing plan.
If you can place the item on your agenda for April 5, I'll be there (along with our Board Chairman John Anderson) to
discuss the proposal in more detail.
Thanks for your consideration ... I look forward to seeing you on the 5th!
KOG
Kevin O. Gartland
Executive Director
Whitefish Chamber of Commerce
520 East Second St.
Whitefish, MT 59937
(406) 862-3501
www.WhitefishChamber.org

2010-04-05 Packet

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CITY COUNCil SPECIAL SESSION

CITY COUNCil CHAMBER CONFERENCE ROOM

1. 5:15 Call to Order

2. Interviews for Board Vacancies

5:20 - Susan Schnee, Park Board

POLICE COMMISSION - Open to City residents who have maintained residency

ARCHITECTURAL REVIEW COMMITTEE - Open to residents of either inside the

RESORT TAX MONITORING COMMITTEE - Applicants can be an owner, operator

PEDESTRIAN & BICYCLE PATH ADVISORY COMMITTEE - Open to residents of

TREE ADVISORY COMMITTEE - Open to residents of the City or the Zoning

WEED CONTROL ADVISORY COMMITTEE - Open to residents of the City of

WHITEFISH CONVENTION AND VISITOR BUREAU COMMITTEE - Open to

WANTED - a CPA! To fill a vacancy on the IMPACT FEE ADVISORY

Looking forward to hearing from you.

To Whitefish City Council:

I am interested in serving another term on the Park Board.

Susan Schnee 1405 E. 2nd Street 863-9856 5/01/2010

Laurabeth Michels, V -Chr 6211 Shiloh Ave #B 862-4035 5/01/2010

Donnie Clapp, Chm 577 Baker Avenue 871-8295 5/01/2011

Julie Baldridge 707 Iowa Avenue 862-0753 5/01/2011

Fred Jones PO Box 625 862-3597 5/01/2011

BOARD OF PARK COMMISSIONERS

C. Park Board Powers And Duties:

f. To pay all obligations authorized to be incurred by the provisions of this part;

To Whom It May Concern:

My letter is in response to an advertisement in the Daily Interlake Newspaper regarding an

FROM: Charles R. Abell

TO: City of Whitefish

I understand there is an opening on the Police Commission. Having always been

Born: Whitefish MT, July 10, 1939

Board member of Whitefish Community Foundation and served on the

Worked on campaign committee of local candidates of both parties and is

eVM /~ o!ct/Z) 10129/2008

Vacancy First Monday of May, 2010

2-5-2: PURPOSE, POWERS, PROCESSES AND DUTIES:

2-5-5: MEETINGS, RULES AND REGULATIONS:

2-5-6: ENFORCEMENT OF DECISIONS:

2-5-7: STAFF SUPERVISION:

Looking forward to hearing from you.

To Whitefish City Council:

I am interested in serving another term on the Resort Tax Monitoring Committee .

.:zt& ..pt: L/O& 2ff 6105

Looking forward to hearing from you.

To Whitefish City Council:

I am interested in serving another term on t Resort Ta Monitoring Committee.

Position # TERM EXPIRATION DATE

2. Doug Johnson PO Box 37 862-3525(W) May31,2011 V-Chr. Member at Large

4. Brian Averill 1476 Barkley Lane 250-2038 May31,2012 Member at Large

RESORT TAX MONITORING COMMITTEE

2-4-2: PURPOSE, POWERS AND DUTIES:

6--IMember IMay 31, 2007

2-4-5: MEETINGS, RULES AND REGULATIONS:

Mayor Mike Jenson and City Council

Dear Mayor Jenson and City Council,

Restaurant and bar business Retail businesses

We appreciate being allowed input on this decision by City Council

P.O. Box 4232 142 Railway Street, Whitefish, Montana 59937

City Clerk, Whitefish, MT

Whitefish Citv Clerk

Mayor Mike Jenson and the Whitefish City Council,

You can contact me at my office at (406) 863-4002 or by email at

Whitefish City derk's Office

Dear Whitefish City Councilors,