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CITY COUNCIL REGULAR MEETING AGENDA Ordinance numbers start with 22-11. Resolution numbers start with 22-15. 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 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 18, 2022, Regular Session (p.21) b) Consideration of a request from Ethan and Karen Budin, for a Whitefish Lake and Lakeshore Protection Permit to replace existing deteriorating railroad tie retaining wall with new stacked rock retaining wall, located at 1494 Barkley Lane (WLP 22-W27) (p.23) 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 amending 2022 fiscal year annual budget to increase appropriations in three funds of the City (p.44) b) FY23 Budget, Tax Levy, and Assessments Public Hearing (p.48) i) Resolution No. A Resolution accepting and approving the municipal budget for the City of Whitefish for the 2023 Fiscal Year Commencing July 1, 2022, in its final form (p.50) Budget Changes Since Preliminary FY2023 Budget 52) FY2023 Final Budget 54) ii) Resolution No. A Resolution budgeting property tax revenue, determining the property tax mills to be levied on all taxable property within the corporate limits of the city of Whitefish, and levying and assessing all special improvement assessments and other assessments on real estate within the Districts for the 2023 Fiscal Year (p.184) 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: 2482 622 5105 Password: 22Aug15! 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: 2482 622 5105 • 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. Monday, August 15, 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 Monday, August 15, 2022, at 7:10 p.m. Hybrid (In-person and/or Remotely via Webex) ---PAGE BREAK--- iii) Resolution No. A Resolution levying and assessing a tax on each lot or parcel of land in the City lying within the boundaries of the City’s Street Maintenance District to defray the costs of street improvements (p.187) iv) Resolution No. A Resolution levying and assessing tax upon all real estate in Special Improvements Lighting District No. 1 in the City of Whitefish, Montana to defray the cost of improvements in said Special Improvement Lighting District (p.189) v) Resolution No. A Resolution levying and assessing a tax upon all real estate in Special Improvement Lighting District No. 4 in the City of Whitefish, Montana, to defray the cost of improvements in said Special Improvement Lighting District (p.191) vi) Resolution No. A Resolution levying and assessing a tax on each lot or parcel of land in the City lying within the boundaries of the City’s Parkland and Greenway Maintenance District (p.193) vii) Resolution No. A Resolution levying and assessing a tax on each land or parcel of land in the City lying within the boundaries of the City’s Stormwater Improvement and Maintenance District (p.195) viii) Resolution No. A Resolution levying and assessing a tax on each lot or parcel of land lying within the boundaries of Special Improvement District No. 166 (JP Road) to defray the cost of creation of said District and the Improvements therein (p.197) ix) Resolution No. A Resolution levying and assessing a tax on each lot or parcel of land within the boundaries of Special Improvement District No. 167 (Downtown Parking Structure) to defray the cost of creation of said District and the improvements therein (p.210) x) Resolution No. A Resolution levying and assessing costs from certain properties within the City for the collection of utility service charges pursuant to Title 8, Chapter 1 of the Whitefish City Code (p.217) c) Consideration of a request from Vincent Remmel, on behalf of OBR Management, LLC, for a Conditional Use Permit to operate a recreational marijuana dispensary in the WB-3 (General Business District, located at 333 Baker Avenue, (WCUP 22-18) (p.221) d) 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) (p.322) e) Ordinance No. 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 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) (Frist Reading) (p.350) f) 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) (p.417) g) 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 ---PAGE BREAK--- 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) (p.453) 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.484) 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.501) 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.520) 7) COMMUNICATIONS FROM CITY MANAGER a) Written report enclosed with the packet. Questions from Mayor and Council? (p.648) b) Other items arising between August 10th through August 15th c) Review and adoption of the FY23-FY27 Capital Improvement Program (p.649) d) Consideration of the requires from Yoga Hive Montana to sublet a portion of the retail space to full Send Physio, LLC, in accordance with the recently approved commercial lease (p.671) 8) COMMUNICATIONS FROM MAYOR AND CITY COUNCILORS a) Consideration of joining Amicus Brief in 303 Creative LLC v. Elenis b) Letter from the Flathead Conservation District recommending to re-appoint John Ellis to the Flathead Conservation District Board of Supervisors, and appoint a representative to serve as an urban supervisor for the duration of the term ending 12/31/2022 (p.684) c) Letter from Pop A Squat Portables requesting City of Whitefish to accept and treat waste generated by portable toilets at the Wastewater Treatment Plant (p.685) i) Letter from Bernie and Linda Mengwasser supporting the request from Pop A Squat Portables (p.687) 9) ADJOURNMENT (Resolution 08-10 establishes 11:00 p.m. as end of meeting unless extended to 11:30 by majority)