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CITY COUNCIL REGULAR MEETING AGENDA Ordinance numbers start with 23-13. Resolution numbers start with 23-15. 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 a) Consideration of awarding a consulting contract to update the Sustainable Tourism Management Plan and approve the Memorandum of Understanding between the City of Whitefish and the Whitefish Convention and Visitors Bureau (p.23) 5) 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 July 17, 2023 Regular Meeting (p.32) b) Ordinance No. 23-11; An Ordinance rezoning 55 Hedman Lane in Section 1, Township 30 North, Range 22 West, Flathead County, Montana, zoned WCR (Country Residential District) to WR-2 (Two-Family Residential District) and adopting findings with respect to such rezone (Second Reading) (WZC 23-04) (p.39) c) Ordinance No. 23-12; An Ordinance amending Title 11 – Zoning Regulations, Chapter 2 – Zoning Districts, Chapter 3 – Special Provisions, Section 34 – Marijuana Facilities, of the Whitefish City Code (Second Reading) (WZTA 23-04) (p.42) d) Consideration of a request from Curt McIntyre for a Whitefish Lake and Lakeshore Protection Permit to remove three cottonwood trees within the Lakeshore Protection Zone, located at 1372 West Lakeshore Drive (WLP 23-10) (p.46) 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 WCC)) a) Resolution No. A Resolution adopting the Whitefish Community Housing Plan: Resort Tax (p.75) To attend the meeting via Microsoft Teams, and provide live comment on your computer, tablet or smartphone, attendees should go to the web link below. Meeting Link: Microsoft Teams Link Meeting Number: 222 067 339 125 Password: For the Audio Conference Call option: call the number below and enter the access code. • United States Toll Free: [PHONE REDACTED] Access code: 503 695 928# • View live streaming (not to provide comment) 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. Monday, August 7, 2023, 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 Microsoft Teams 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 Monday, August 7, 2023 at 7:10 p.m. at City Hall 418 East Second Street, 2nd Floor Hybrid (In-person and/or Remotely via Teams) ---PAGE BREAK--- b) Resolution No. A Resolution submitting to the qualified electors of the City of Whitefish, Montana, the question of whether, to approve the use of the 3% resort tax starting February 1, 2025, as follows: 25% for property tax relief; (II) 48% for the repair, maintenance, and improvement of streets, including storm sewers, all underground utilities, sidewalks, and curbs and gutters; (III) 10% for community housing initiatives including the development of deed restricted affordable housing units and community housing programs; (IV) 10% for improvements and maintenance of bicycle and pedestrian paths and other park acquisitions, capital improvements, and equipment; 2% for the maintenance and replacement of existing improvements of the Whitefish Trail with any amounts not expended within five fiscal years available for the maintenance of city bicycle and pedestrian paths: and (VI) 5% for the merchants’ costs of administration (p.91) c) Resolution No. A Resolution to annex and incorporate within the boundaries of the City of Whitefish by petition and consent of the property owner approximately 1.36 acres of land known as 236 Jennings Lakeside Road in Section 14, Township 22 North, Range 22 West, in Whitefish, Montana, and zone the property to WSR, Suburban Residential, based on the findings of fact in the staff report (WAR 23-02) (p.103) d) Ordinance No. An Ordinance amending Zoning Regulations Title 11, Sections 11-2-1, Zoning Districts Established, 11-2A (WA), 11-2B (WCR), 11-2C (WSR), 11-2D (WER), 11-2E (WLR), 11- 2F (WR-1), 11-2G (WR-2), 11-2H (WR-3), 11-2I (WR-4), 11-2J (WB-1), 11-2K (WB-2), 11-2L (WB-3), 11-2M (WB-4), 11-2N (WRR-1), 11-2O (WRR-2), 11-2P (WRB-1), 11-2Q (WRB-2), 11- 2R (WI), 11-2S (WPUD), 11-2T (WBMV), 11-2U 11-2V (WBSD), 11-2W 11-2Y (WB-T), 11-6, Off-street Parking Standards, and Chapter 9, Section 2, Definitions, of the Whitefish City Code (First Reading) (WZTA 23-06) (p.120) e) Ordinance No. An Ordinance amending the Whitefish City Code, Title 2, Chapter 10, Architectural Review Committee; Section 11-3-3, Architectural Standards, Section 11-5-5, General Sign Standards; Architectural Review Standards (First Reading) (WZTA 23-05) (p.324) f) Ordinance No. An Ordinance amending Title 12, Subdivision Regulations, of the Whitefish City Code (First Reading) (WSUB 23-01) (p.388) 7) COMMUNICATIONS FROM ACTING FIRE CHIEF a) Emergency Ordinance No. An Emergency Ordinance placing a Stage II Fire Restriction within City limits, providing an exception, and waiving the second reading, with an immediate effective date (Only Reading) (p.539) 8) COMMUNICATIONS FROM PUBLIC WORKS DIRECTOR a) Update pertaining to the Whitefish Yards Offsite Trail Construction & Maintenance (p.545) 9) COMMUNICATIONS FROM CITY MANAGER a) Written report enclosed with the packet. Questions from Mayor and Council? (p.568) b) Other items arising between August 2nd through August 7th 10) COMMUNICATIONS FROM MAYOR AND CITY COUNCILORS a) Consideration of a request from the Flathead Conservation District Board of Supervisors recommending the Whitefish City Council appoint Michael Kopitzke to serve as Urban Supervisor, term ending 12/31/2025 (p.572) b) Letter from Nancy Nicoll, Community Manager, Iron Horse HOA/CCOA, addressing concerns pertaining to the lack of solid waste pickup (p.573) 11) ADJOURNMENT (Resolution 08-10 establishes 11:00 p.m. as end of meeting unless extended to 11:30 by majority)