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CITY COUNCIL REGULAR MEETING AGENDA the Following Is a Summary of the Items to Come Before the City Council at Its Regular Sess

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CITY COUNCIL REGULAR MEETING AGENDA the Following Is a Summary of the Items to Come Before the City Council at Its Regular Sess CITY COUNCIL REGULAR MEETING AGENDA The following is a summary of the items to come before the City Council at its regular session to be held on Monday, September 21, 2020, at 7:10 p.m. at City Hall, 418 E. 2nd Street, 2nd Floor. Ordinance numbers start with 20-14. Resolution numbers start with 20-36. 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 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) 4) COMMUNICATIONS FROM VOLUNTEER BOARDS 5) CONSENT AGENDA a) Minutes from September 8, 2020 Regular Session (p.11) b) Ordinance No. 20-12; An Ordinance amending Title 11, Zoning Regulations, Chapter 2 – Zoning Districts, Article 2K – WB-2 Secondary Business District, of the Whitefish City Code (WZTA 20-02) (Second Reading) (p.19) c) Consideration of a request from Karin and Jeff Thill, a 24-month extension of the preliminary plat for the Joanna King Trust Subdivision located Mountain Shadows Drive and Lot 14 of Mountain Shadows Subdivision (WPP 17-05) (p.24) 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. Ordinances require 4 votes for passage – Section 1-6-2 (E)(3) WCC)) a) Resolution No. 20-__; A Resolution adopting the Whitefish Sustainable Tourism Management Plan (p.31) b) Ordinance No. 20-__; An Emergency Ordinance providing for remote meeting of the City Council, City Boards and Committees, and waiving a second reading (Only Reading) (p.177) 7) COMMUNICATIOS FROM PUBLIC WORKS DIRECTOR a) Consideration to award the Engineering Contract for the Edgewood Place & Texas Avenue Reconstruction Project (p.183) 8) COMMUNICATIONS FROM CITY MANAGER a) Written report enclosed with the packet. Questions from Mayor or Council? (p.186) b) Other items arising between September 16th through September 21st 9) COMMUNICATIONS FROM MAYOR AND CITY COUNCILORS a) Letter of request from Jerry Dunker for Amendments to Deed Restrictions for Trail View, LLC (p.194) 10) ADJOURNMENT (Resolution 08-10 establishes 11:00 p.m. as end of meeting unless extended to 11:30 by majority) City Council Packet, September 21, 2020 Page 1 of 206 The following Principles for Civil Dialogue are adopted on 2/20/2007 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. Adopted by Resolution 07-09 February 20, 2007 City Council Packet, September 21, 2020 Page 2 of 206 (This page left blank intentionally to separate printed sections) City Council Packet, September 21, 2020 Page 3 of 206 September 16, 2020 The Honorable Mayor Muhlfeld and City Councilors City of Whitefish Whitefish, Montana Mayor Muhlfeld and City Councilors: Monday, September 21, 2020 City Council Agenda Report There is no work session for Monday. Food will not be provided. The regular Council meeting will begin at 7:10 p.m. CONSENT AGENDA a) Minutes from September 8, 2020 Regular Session (p.11) b) Ordinance No. 20-12; An Ordinance amending Title 11, Zoning Regulations, Chapter 2 – Zoning Districts, Article 2K – WB-2 Secondary Business District, of the Whitefish City Code (WZTA 20-02) (Second Reading) (p.19) c) Consideration of a request from Karin and Jeff Thill, a 24-month extension of the preliminary plat for the Joanna King Trust Subdivision located Mountain Shadows Drive and Lot 14 of Mountain Shadows Subdivision (WPP 17-05) (p.24) RECOMMENDATION: Staff respectfully recommends the City Council approve the Consent Agenda. Item ‘a’ is an administrative matter; Item ‘b’ is a legislative matter; ‘c’ is a quasi-judicial matter. 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. Ordinances require 4 votes for passage – Section 1-6-2 (E)(3) WCC)) a) Resolution No. 20-__; A Resolution adopting the Whitefish Sustainable Tourism Management Plan (p.31) From the Whitefish Sustainable Tourism Management Plan Steering Committee report. Introduction/History In April 2017, the Whitefish City Council held a work session with the Whitefish Convention and Visitors Bureau (WCVB) to discuss development of a Whitefish Tourism Master Plan (STMP), later was changed to the Whitefish Sustainable Tourism Management Plan. The Whitefish Tourism Master Plan Steering Committee was established in 2018 and was later changed to the Whitefish Sustainable Tourism Management Plan Steering Committee. The Committee was tasked with setting a long-term plan that provides assurances that community- based economic development, promotion, and conservation are beneficial to all. The City of Whitefish and the WCVB contracted with Applied Communications and Hingston Roach Group in 2019. As consultants they collected the data while also facilitating public meetings and conversations with various stakeholder groups. This is a complex plan that provides a lot of data and implementation action items. The executive summary provides an overview of the identified actions items. City Council Packet, September 21, 2020 Page 4 of 206 The Sustainable Tourism Management Plan was scheduled for a work session on March 16th which was cancelled due to the COVID-19 pandemic. The plan provides a solid framework in which to tackle the identified action items in the plan while adjusting to and reacting to the short term and long-term impacts of COVID-19. The Committee is recommending that a standing committee be formed to work on the identified action items in the plan, as well as work to address the long-term impacts of COVID-19 on our tourism economy in conjunction with the City and the Whitefish Convention and Visitors Bureau. Financial requirements/Impacts There is no immediate fiscal impact associated with this action to adopt the Sustainable Tourism Management Plan. Implementation of the plan will require staff time and, in some cases, investment by the City and the WCVB for education and outreach. RECOMMENDATION: Staff respectfully recommends the City Council approve Resolution No. 20-__; A Resolution adopting the Whitefish Sustainable Tourism Management Plan. b) Ordinance No. 20-__; An Emergency Ordinance providing for remote meeting of the City Council, City Boards and Committees, and waiving a second reading (Only Reading) (p.177) From Attorney Jacobs staff report. Introduction/History On March 11, 2020, the World Health Organization declared a global pandemic due to the spread of COVID-19. The declaration was followed by declarations of emergency issued by President Trump, Governor Bullock, the Flathead County Commissioners, and Mayor Muhlfeld. On March 24, 2020, Governor Bullock issued a directive which encouraged local governments to find ways to provide for the right of public participation consistent with social distancing, including remote participation. Three days later, the Montana Attorney General issued a letter of advice which opined that holding public meetings remotely, with an opportunity for public participation, comports with the guarantees set forth in the Montana Constitution. On April 7, 2020, the City passed Ordinance No. 20-06 which authorized remote meetings. The City subsequently held City Council and Planning Board meetings remotely via WebEx. On April 22, 2020, Governor Bullock issued a directive establishing the phased reopening of Montana and setting the conditions for Phase I. On May 19, 2020, Governor Bullock issued a directive establishing the conditions for Phase II. The directive provided that vulnerable individuals should continue to stay at home, that gatherings of 50 or more people should be cancelled if social distancing cannot be maintained, and that all earlier directives, including that issued March 24, 2020, remain in effect. In early June of 2020, the City returned to "live" City Council meetings. Many, if not most, other cities within Montana continue to hold meetings remotely. On July 15, 2020, Governor Bullock issued a directive requiring that face coverings be worn in every county with four or more confirmed and active cases of COVID-19. City Council Packet, September 21, 2020 Page 5 of 206 Current Report While the City has taken steps to help ensure adequate social distancing at City Council meetings, a few meetings were attended by so many individuals that social distancing was extremely difficult to maintain. Additionally, several individuals at such meetings did not comply with Governor Bullock's face covering mandate even though Flathead County had, and continues to have, more than four confirmed and active cases of COVID-19. City officials, Board members, Committee members, staff members, and City citizens have expressed concern about attending public meetings given the difficulties associated with social distancing and attendees not wearing masks. It is further anticipated that City staff and citizens may be increasingly reluctant to attend public meetings during the upcoming flu season.
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