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CITY COUNCIL REGULAR MEETING AGENDA Ordinance numbers start with 22-12. Resolution numbers start with 22-26. 1) CALL TO ORDER 2) PLEDGE OF ALLEGIANCE 3) PROCLMATION a) Recognizing and Supporting the Right to Personal Autonomy and the Right to Local Control (p.32) 4) PRESENTATION a) Consideration to approve application for Smith Lake Public Recreation Use Easement and Restoration Project – Whitefish Legacy Partners (p.35) 5) 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) 6) COMMUNICATIONS FROM VOLUNTEER BOARDS a) Whitefish Community Library Excellent Library Service Award Resolution, 2022 (p.44) b) Consideration of a request from the Bicycle and Pedestrian Committee and Park Board’s recommendation to accept the concept plan for Riverbend Trail (p.47) 7) 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. Ordinances require 4 votes for passage – Section 1-6-2 WCC) a) Minutes from August 15, 2022, Regular Session (p.57) b) Ordinance No. 22-11; An Ordinance of the City Council of the City of Whitefish, Montana, rezoning approximately 19.375 acres of unaddressed land located between Park Knoll Lane and JP Road and known as Tract 3BBD in the Southwest Quarter of the Southeast Quarter and the Southeast Quarter of the Southwest Quarter in Section 1, Township 30 North, Range 22 West, Flathead County, Montana, that are zoned WCR (Country Residential District) to split zoning of WER-SC (Estate Residential District with Special Conditions) and WR-2-SC (Two- Family Residential District with Special Conditions); and 11.26 acres of land addressed as 6208 To attend the meeting via Webex, and provide live comment on your computer, tablet or smartphone, attendees should go to the web link below. For best participation experience, participants should download the Webex App to their desktop. Meeting Link: Webex Link Meeting Number: 2496 635 8001 Password: 22Sept06! For the Audio Conference Call option: call the number below and enter the access code. • United States Toll Free: (From a land line phone) 1-[PHONE REDACTED] Access code: 2496 635 8001 • View live streaming on the City of Whitefish YouTube Channel • We encourage individuals to provide written public comment; to the City Clerk, Michelle Howke at [EMAIL REDACTED] or deliver by 4:00 p.m. Tuesday, September 6, 2022, to City Hall. Written comments should include name, address, should be short and concise, courteous, and polite. All written comments received by 4:00 p.m. will be provided to the City Council and appended to the packet following the meeting. • Public comment by those attending the meeting "live" via WebEx or in-person will be limited to three minutes per individual. The Following is a summary of the items to come before the City Council at its regular session to be held on Tuesday, September 6, 2022, at 7:10 p.m. Hybrid (In-person and/or Remotely via Webex) ---PAGE BREAK--- US Highway 93 South and known as Tract 3B in the Southwest Quarter of the Southeast Quarter in Section 1, Township 20 North, Range 22 West, Flathead County, that are zoned WER (Estate Residential District) and WB-2 (Secondary Business District) to split zoning of WR-2-SC (Two-Family Residential District with Special Conditions) and WB-2 (Secondary Business District), and adopting findings with respect to such rezone (WZC 22-04) (Second Reading) (p.66) c) Consideration of a request from Jeffrey and Karin Thill for an application for Final Plat for Mountain Shadows, Lot 14, a 2-lot subdivision located at 2385 Mountain Shadows Drive, zoned WR-1 (One-Family Residential District) (WFP 22-06) (p.71) 8) 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 WCC)) a) Ordinance No. An Ordinance rezoning approximately 66.4 acres of land located to the east of E. 2nd Street and south of E. Edgewood Drive, known as Tract 3D, 5BA, and 3E (COS No. 2134) in Section 32 and 33, Township 31 North, Range 21 West, Flathead County, Montana, from County SAG-10 (Suburban Agricultural) and County AG-20 (Agricultural) to WCR (Country Residential District) and WA (Agricultural District), and adopting findings with respect to such rezone (WZC 22-06) (First Reading) POSTPONED FROM 8/15/2022 (p.102) b) Consideration of a request from 1291 Edgewood LLC for a Growth Policy map amendment, zoning map amendment, preliminary plat, and planned unit development overlay, referenced as the Edgewood 90 Project, located at 1291 East Edgewood Drive and unaddressed parcels to the east of East 2nd Street, legally described as Tract 3, 3D, 3E, and 5BA in Section 32 and Section 33, Township 31 North, Range 21 West, Flathead County, Montana (WPGA 22-01, WZC 22-07, WPP 22-05, WPUD 22-02) POSTPONED FROM 8/15/2022 (p.138) i) Resolution No. A Resolution indicating its intent to adopt a map amendment to the 2007 Whitefish City-County Growth Policy, as requested by 1291 Edgewood, LLC and adopting findings with respect to such amendment (WGPA 22-01) (p.169) ii) Ordinance No. An Ordinance rezoning approximately 3.4 acres of land located at 1291 East Edgewood Drive in the Northeast Quarter of Section 32, Township 31 North, Range 22 West, Flathead County, Montana, zoned WI (Industrial and Warehousing District) to WR-2 (Two-Family Residential District) and adopting findings with respect to such rezone (WZC 22-07) (First Reading) (p.186) iii) Ordinance No. An Ordinance approving the Edgewood 90 Subdivision Preliminary Plat and Planned Unit Development, to develop a 15-lot mixed-use subdivision to the north of the BNSF Railroad Tracks and south of E. Edgewood Drive, Whitefish (WPP 22-05/WPUD 22-02) (First Reading) (p.205) c) Consideration of a request from Robert Ackerman for a Conditional Use Permit to construct a guesthouse located at 387 Fraser Avenue, zoned WR-2 (One-Family Residential District) (WCUP 22-22) (p.333) d) Resolution No. A Resolution of intent to adopt the 2022 Whitefish Transportation Plan as an amendment to the 2007 Whitefish City-County Growth Policy and adopting findings with respect to such amendment (WPGA 22-02) (p.364) 9) COMMUNICATIONS FROM PLANNING AND BUILDING DIRECTOR a) Ordinance No. An Ordinance rezoning approximately 31.171 acres of land known as Tract 3 of COS No. 20440 in Section 1, Township 30 North, Range 22 West, Flathead County, Montana, from County SAG-5 (Suburban Agricultural) to WCR (Country Residential District), and adopting findings with respect to such rezone (WZC 22-05) (First Reading) (MOTION TO RECONSIDER 8/15/2022-PUBLIC HEARING CLOSED) (p.607) ---PAGE BREAK--- b) Consideration of a request from Birch Hill Homeowners Association for a Whitefish Lake and Lakeshore Protection Minor Variance to extend an existing grandfathered community dock 20’ out to 163’ in length, located on Parkway Drive (WLV 22-W08) (p.633) c) Consideration of a request from D&S Perl Family Trust for a Whitefish Lake and Lakeshore Protection Minor Variance for dry stone steps, dynamic beach gravel, and Lakeshore permit for repair of retaining wall and stone steps, located at 298 Skyles Place (WLV 22-W22) (p.740) 10) COMMUNICATIONS FROM PUBLIC WORKS DIRECTOR a) Consideration to reject the Construction Bid for the Grouse Mountain Parking Lot Project (p.771) b) Consideration to apply for a Safe Streets and Roads for All Grant and a Railroad Crossing Elimination Grant (p.774) 11) COMMUNICATIONS FROM CITY MANAGER a) Written report enclosed with the packet. Questions from Mayor and Council? (p.777) b) Other items arising between August 31st through September 6th 12) COMMUNICATIONS FROM MAYOR AND CITY COUNCILORS 13) ADJOURNMENT (Resolution 08-10 establishes 11:00 p.m. as end of meeting unless extended to 11:30 by majority)