Mayor & City Council

WHITEFISH CITY COUNCIL March 16, 2020 7:10 P.M. 1) CALL TO ORDER Mayor Muhlfeld called the meeting to order. Councilors present were Qunell, Feury, Hennen, Hartman, Sweeney. Councilor Norton attended via phone. City Staff present were, City Clerk Howke, City Manager Smith, City Attorney Jacobs, Planning and Building Director Taylor, Public Works Director Workman, Parks and Recreation Director Butts, Assistant Police Chief Kelch, Fire Chief Page and IT Administrator Hunt. Approximately 5 people were in the audience. 2) PLEDGE OF ALLEGIANCE Mayor Muhlfeld asked IT Administrator Chris Hunt to lead the audience in the 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) None 4) COMMUNICATIONS FROM VOLUNTEER BOARDS Councilor Sweeney stated the Park Board is having an Emergency meeting on Tuesday March 17 th to address park facilities and programs to protect public health and the general welfare of the City to slow the spread of Coronavirus. 5) CONSENT AGENDA a) Minutes from March 2, 2020 Special Session/Regular Session (p.156) b) Ordinance No. 20-03; An Ordinance of the City Council of the City of Whitefish, Montana, amending Title 11, Zoning Regulations, Chapter 3 -Special Provisions, Section 11 – Fences and Retaining Walls, of the Whitefish City Code (WZTA 20-01) (Second Reading) (p.163) c) Resolution No. 20-10; A Resolution of the City of Whitefish accepting a dedication of a portion of Haugen Heights (p.167) Councilor Hennen made a motion, seconded by Councilor Hartman to approve the Consent Agenda as presented. The motion passed unanimously. 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)) None 7) COMMUNICATIONS FROM PUBLIC WORKS DIRECTOR a) Consideration to award the bid for State Park Road Reconstruction Phase II (p.170) Director Workman gave his staff report that is provided in the packet on the website. Councilor Feury made a motion, seconded by Councilor Sweeney to award the State Park Road Reconstruction Project Phase II to LHC, Inc. for $2,749,946.08. The motion passed unanimously. Updated 3/17/2020  b) Montana Department of Transportation Urban Funds report (p.181) Director Workman reviewed his report that is on the website. Council unanimously decided to discuss the report at a later time. 8) COMMUNICATIONS FROM PARKS AND RECREATION DIRECTOR a) Consideration to authorize City Manager to negotiate and execute a contract for irrigations and landscape design services (p.189) Director Butts gave her staff report that is provided in the packet on the website. Councilor Sweeney made a motion, seconded by Councilor Feury to authorize the City Manager to negotiate and execute a contract with Forestoration for irrigation and landscape design services for the City’s open spaces and rights of ways. The motion passed unanimously. 9) COMMUNICATIONS FROM CITY MANAGER a) Written report enclosed with the packet. Questions from Mayor or Council? (p.192) None b) Other items arising between March 11th and March 16th Ordinance No. 20-__; An Emergency Ordinance of the City Council of the City of Whitefish, Montana, enacting measures to reduce the spread of the 2019 Novel Coronavirus (COVID-19) and waiving a second reading City Manager Smith gave her staff report that is appended to the back of the packet on the website. Manager Smith reported on the items that are addressed in the Ordinance. 1. All City Boards, Commissions and Committee meetings are canceled through April 30, 2020, except City Council, Planning Board and a special meeting of the Board of Park Commissioners to be held March 17, 2020. The City Manager is authorized to extend cancellation of meetings on a week-by-week basis beginning April 30, 2020. 2. In the event the Flathead City-County Health Department directs or suggest a moratorium on public gatherings, or in the event of a confirmed case of COVID-19 within Flathead County, City Council and Planning Board meetings are canceled through April 30, 2020. The City Manager is authorized to cancel City Council and Planning Board meetings on a week-by-week basis beginning April 30, 2020. 3. In accordance with guidance issued by the CDC,During City Council and Planning Board meetings, occupancy of the City Council Chambers is will be limited in accordance with the recommendations of the CDC (or other federal authority) or as otherwise dictated by the Flathead City-County Health Department or state or federal Law. If occupancy at a meeting is greater than that recommended or dictated, the City will accommodate individuals in other locations within City Hall and provide the opportunity for public comment in a rotating manner. to 50 people during Planning Board and City Council meetings. If more than 50 individuals attend a meeting, the City will accommodate individuals in other locations in City Hall and provide the opportunity for public comment in a rotating manner. The public is encouraged to submit written comments rather than physically attend meetings. Any written comments received after the packet has been published but prior to the start of the meeting will be read aloud at the meeting by City Staff. The City Manager is authorized to implement any recommended or dictated occupancy requirements Updated 3/17/2020  4. City Hall offices are closed to the public from March 18 through March 27, 2020. The City Manager is authorized to extend the closure on a week-by-week basis beginning March 27, 2020. Essential services at City Hall will continue and be provided to customers remotely. 5. The City temporarily waives late fees and will not shut offs service for delinquent water and sewer accounts through April 30, 2020. The City temporarily waives resort tax delinquency fees through April 30, 2020. The City Manager is authorized to extend such waivers on a week-by- week basis beginning April 30, 2020. 6. The city approves emergency leave up to an equivalent and two weeks paid leave for all City employees who are required to be quarantined by the Flathead City-County Health Department or a licensed physician due to COVID-19. Employees who are normally scheduled for shifts of 40 hours per week will be eligible to receive 80 hours of paid emergency leave. Employees who are normally scheduled to work less or more than 40 hours of paid emergency leave. Employees who are normally scheduled to workfor less or more than 40 hours per week will receive a prorated amount. Emergency leave does not accrue nor is it payable upon termination. In the even H.R. 6201, Families First Coronavirus Response Act, is adopted by the federal government and requires the City to provide more extensive benefits, the City will do so. After lengthy discussion between staff and Council, Council directed staff to make the corrections as noted in redline to the Emergency Ordinance. Councilor Hartman made a motion, seconded by Councilor Qunell to approve Ordinance No. 20- 04; An Emergency Ordinance of the City Council of the City of Whitefish, Montana enacting measures to reduce the spread of the 2019 Novel Coronavirus (COVID-19) and waiving a second reading, as amended. The motion passed unanimously. c) Authorization of certain employees to contract for services with the State of Montana, State Information Technology Services Division (SITSD) (p.193) City Manager Smith gave her staff report provided in the packet on the website. Councilor Hennen made a motion, seconded by Councilor Qunell to authorize certain employees to contract for services with the State of Montana, State Information Technology Services Division (SITSD). The motion passed unanimously. 10) COMMUNICATIONS FROM MAYOR AND CITY COUNCILORS a) Consideration of appointment of volunteer boards and committees not made during the Special Session preceding tonight’s meeting The Special Session was canceled due to the evolving public health crisis from the spread of COVID- 19. b) Consideration of approving tentative FY21 budget calendar (p.196) Councilor Sweeney made a motion, seconded by Councilor Hartman to approve the tentative FY21 budget calendar. The motion passed unanimously. Councilor Comments Updated 3/17/2020