City Council Proceedings
August 5, 2019
The governing body of the City of Powell met in regular session at 6:00 p.m. on August 5, 2019 in the Council Chambers of City Hall. Mayor Wetzel opened the meeting and led those in attendance in reciting the Pledge of Allegiance. Mayor Wetzel called the meeting to order and the following were present: Mayor John Wetzel, Council Members Jim Hillberry, Tim Sapp, Scott Mangold and Lesli Spencer. Absent Councilmembers Floyd Young and Steven Lensegrav. City Officials: City Administrator Zack Thorington, City Clerk Tiffany Brando, City Attorney Sandee Kitchen, Deputy City Attorney Scott Kath and Building Official Ben Hubbard. Approval of Agenda: Administrator Thorington asked to add the Equitable Sharing Agreement and Certification under Administration. Councilman Hillberry moved to approve the agenda as amended, seconded by Councilwoman Spencer, unanimous approval, MOTION CARRIED. Approval of July 15, 2019 minutes: Councilwoman Spencer moved to approve all minutes as presented, seconded by Councilman Sapp, unanimous approval, MOTION CARRIED. Bills and Claims: Councilman Hillberry made a motion the bills be allowed and authorize the Treasurer to draw warrants for payment of the same, seconded by Councilman Mangold, unanimous approval, MOTION CARRIED. Waiver of fees request for Paint the Town Red Event at the Commons Aug. 23rd. Mayor Wetzel gave an overview of the event. Councilwoman Spencer moved to approve the waiver of fees, seconded by Councilman Sapp, unanimous approval, MOTION CARRIED. Catering permits for WYOld West Brewing Aug. 17th at Plaza Diane and the Fairgrounds and Sept. 13th at Washington Park. Councilman Hillberry moved to approve all permits, seconded by Councilman Mangold, unanimous approval, MOTION CARRIED. Catering permits for K-Bar Aug. 24th and Sept. 7th at the Fairgrounds. Councilwoman Spencer moved to approve permits, seconded by Councilman Sapp, unanimous approval, MOTION CARRIED. PUBLIC HEARING to consider ordinances prohibiting spot zoning and defining same by enacting a new section 17.05.115 of the Powell City Code and amending section 17.76.020 of the Powell City Code as will allow for tourist homes and short term vacation rentals. Opened 6:05 p.m. by Attorney Kath - Stephanie Bennett Brown addressed council with concern of neighbors having Airbnb next door and transient people in and out of her neighborhood. Ms. Brown suggest a permit process for those wishing to have homes as vacation rentals and suggested looking at Riverton’s permit process. Attorney Kath addressed council that they could modify the ordinance they are presenting and currently it is a grey area and Planning & Zoning would like it addressed. Christine Bekes, PEP Executive Director addressed from a visitor prospective. Attorney Kath explained the updates. No other comments, meeting closed 6:16 p.m. Ordinance No. 10, 2019: An Ordinance Amending Section 17.76.020 (I)(J) of the Powell City Code to Allow for Tourist Homes and Short Term Vacation Rentals. Councilman Hillberry would like to see the tourist homes permitted and asked legal to bring an ordinance back with that amendment on second reading. Ordinance No. 11, 2019: An Ordinance Enacting Section 17.08.115 of the Powell City Code Prohibiting and Defining Spot Zoning. Councilman Mangold move to approve Ordinance No. 10, 2019 and Ordinance No. 11, 2019 as presented on first reading, seconded by Councilwoman Spencer, unanimous approval, MOTION CARRIED. Building Permit fees discussion on initial fee. Councilman Mangold addressed the agenda item presented to have a prorated permit fee for the initial fee. Administrator Thorington explained the permit fees and showed the schedule and the initial valuation. Councilman Hillberry stated he feels the current fee schedule is reasonable. No other discussion. Burning update Linda Johnson and Kay Anderson addressed Council on the burning issue at Ms. Johnson’s home from the May 20th meeting. Mayor Wetzel addressed the issues of guidelines and recommendations not being enforceable and if a person is violating the current ordinance to let the police know. Ms. Johnson addressed the current ordinance and Ms. Anderson asked about police responding to a burning incident as listed in the newspaper. Councilman Hillberry stated he does not see a need to modify the ordinance and Mayor Wetzel stated if a person is violating an ordinance the police will address it. Councilman Mangold asked if neighbors burning anything besides wood and Ms. Johnson was unsure. Mayor again stated if ordinances are being violated as currently written police will address the matter. Hotel/Conference update given by Christine Bekes, PEP Executive Director. Committee Updates: Councilwoman Spencer updated on PEP Board.
Ordinance No. 9, 2019: Read by title Attorney Kitchen: An Ordinance Amending Paragraph G of Section 10.32.020 of the Powell City Code by Allowing Parallel Parking of Recreational Vehicles in Diagonal Parking Spots Abutting Residential Dwelling Units Owned or Rented by the Owner of the Recreational Vehicle Under Certain Circumstances. Councilman Mangold moved to approve on third reading and authorize necessary signatures, seconded by Councilman Hillberry, unanimous approval, MOTION CARRIED. Memorandum of Understanding for Powell Economic Partnership presented by Administrator Thorington and no changes other than the current FY19/20 special request as previously approved. Councilman Hillberry moved to approve and authorize signatures, seconded by Councilwoman Spencer, unanimous approval, MOTION CARRIED. American Legion Amendment to Lease allowing for Wall of Honor on current property. Councilwoman Spencer moved to approve and authorize signatures, seconded by Councilman Sapp, unanimous approval, MOTION CARRIED. Jerry Clark thanked Council and asked about Handicapped parking near the wall and also if the city entrance signs with the clubs and have the Legion signed moved up as some organizations have disbanded. Mr. Clark was directed to information on traffic committee and the City will look into the entrance signs. Zane Logan Agreement Electrical Part-Time: Administrator Thorington explained this would allow the City to use Mr. Logan for electrical inspections and keep home rule and with knowledge of the substation help gather proposals and hire a firm. Councilman Hillberry moved to approve and authorize signatures, seconded by Councilwoman Spencer, unanimous approval, MOTION CARRIED. Equitable Sharing Agreement and Certification: Administrator Thorington explained the agreement for funds confiscated during seizures and showing the City is using the funds appropriately. Currently will be using to purchase a K-9 vehicle. Councilwoman Spencer moved to approve and authorize all necessary signatures, seconded by Councilman Sapp, unanimous approval, MOTION CARRIED. General Announcements: Administrator Thorington updated Council on the electro testing and crew at the substation this week and will start work Aug. 6th. They will also be having a crew for the underground coming and will have to have a city wide power outage to replace that cable. The request for professional service for engineering firm for substation upgrade is out for proposals.
There being no further business to be considered at this meeting, Councilman Hillberry moved to adjourn, seconded by Councilman Mangold unanimous approval, MOTION CARRIED. Mayor Wetzel adjourned the regular meeting at 6:49 p.m.
/s/ John F. Wetzel
/s/ Tiffany Brando
Publ., Tues., Aug. 13, 2019