City Minutes March 18, 2019

City Council Proceedings
March 18, 2019
The governing body of the City of Powell met in regular session at 6:00 p.m. on March 18, 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, Lesli Spencer and Steven Lensegrav. Absent Councilman Young. City Officials: City Administrator Zane Logan, City Clerk Tiffany Brando, City Attorney Sandee Kitchen and Deputy Attorney Scott Kath. Approval of Agenda: Councilman Hillberry moved to approve the agenda as presented, seconded by Councilman Mangold, unanimous approval, MOTION CARRIED.
Approval of March 4, 2019 meeting minutes. Councilwoman Spencer moved to approve March 4, 2019 minutes, seconded by Councilman Lensegrav, unanimous approval, MOTION CARRIED.
Bills and Claims: Councilman Hillberry abstained #41 and Mayor Wetzel #53. Councilman Hillberry made a motion the bills be allowed and authorize the Treasurer to draw warrants for payment of the same, seconded by Councilman Sapp, unanimous approval, MOTION CARRIED.
PUBLIC HEARING – Re-Zone of Lots 10 and 11 First Development Park Subdivision (Phase One), change from (I-L) Limited Industrial District to (R-M) Residential Mixed Use District. Opened public hearing by Deputy Attorney Kath at 6:04 p.m., no comments, closed 6:05 p.m. Ordinance No. 6, 2019: Read by title Deputy Attorney Kath – An Ordinance Re-Zoning a Portion of Tract 3, Lot 63, Triple S Subdivision to the City of Powell From Limited Industrial District (I-L) to Residential Mixed Use District (R-M). Mayor Wetzel asked procedural no longer being able to use Industrial Limited District (I-L). Attorney Kath spoke on the ordinance stating no longer using Industrial Limited (I-L) designation and the developer choose to re-zone the development to Residential Mixed (R-M). Shane Shoopman owner spoke on the reason to re-zone and R-M is a new zone that is replacing the older designation of I-L and would like to have the ability have some residential. Mr. Shoopman stated for the purpose of federal funding the designation industrial is not able to be funded and FHA home buyers cannot purchase in industrial zone. Mayor Wetzel stated he would like to try to not have what looks like a spot zone. Mr. Shoopman stated that with almost 5 acres it would be a larger area and not considered spot zoning. Councilman Mangold moved to approve Ordinance No. 6, 2019 on first reading, seconded by Councilman Lensegrav, unanimous approval, MOTION CARRIED. Catering Permit The Burlington Place March 22nd at the Fairgrounds. Councilman Hillberry moved to approve, seconded by Councilman Mangold, unanimous approval, MOTION CARRIED. Catering Permit The Lamplighter Inn March 29th at the 128 E 2nd St. Councilman Lensegrav moved to approve, seconded by Councilwoman Spencer, unanimous approval, MOTION CARRIED. Dog Park Discussion: Tina Fagan & Judy Londo spoke on receiving a donation from the Moyer Foundation and are working on setting up funding and receiving donations. Name of dog park “Wiggly Field” and a domain name of www.powelldogpark.org. Need roughly $8,000 more for the first phase of the project. Motion to approve the park name and the domain name by Councilman Hillberry, seconded by Councilman Mangold, unanimous approval, MOTION CARRIED. Committee Updates: Councilman Mangold update on Rec Board, Councilman Lensegrav update on Golf Board and Mayor Wetzel WAM update. Ordinance No. 2, 2019: Read by title Deputy Attorney Kath – An Ordinance Annexing Certain Real Property Known as the Park County School District No. 1 Agricultural Barn Addition. Councilman Sapp moved to approve Ordinance no. 2, 2019 on second reading, seconded by Councilman Lensegrav, unanimous approval, MOTION CARRIED. Ordinance No. 3, 2019: An Ordinance Re-Zoning a Portion of Tract 3, Lot 63, Stonecrest Addition to the City of Powell from General Residential District (R-G) to Agricultural Cultivation District (A-C). Councilwoman Spencer moved to approve Ordinance No. 3, 2019 on second reading, seconded by Councilman Hillberry, unanimous approval, MOTION CARRIED. Ordinance No. 4, 2019: An Ordinance Re-Zoning a Portion of Tract 3, Lot 63, Stonecrest Addition to the City of Powell from General Residential District (R-G) to Agricultural Cultivation District (A-C). Councilman Mangold made a motion that Ordinance No. 4, 2019 be approved on second reading, seconded by Councilman Sapp, unanimous approval, MOTION CARRIED. Ordinance No. 5, 2019: Read by title Attorney Kitchen – An Ordinance Amending Section 5.52.030 of the Powell City Code Pertaining to Fees for Banner Display Permits and Increasing the Fee Charged Therefore. Councilman Hillberry moved to approve Ordinance No. 5, 2019 on first reading, seconded by Councilman Lensegrav, unanimous approval, MOTION CARRIED. Acknowledgement of Conflict of Interest and Consent to Representation: Copenhaver, Kath, Kitchen & Kolpitcke, LLC – City of Powell and Park County School District #1. Councilman Lensegrav moved to approve, seconded by Councilman Hillberry, unanimous approval, MOTION CARRIED. Shopko Bankruptcy – Attorney Kitchen updated Council on the Shopko Bankruptcy. Memorandum of Understanding Powell Community Garden – Administrator Logan gave update no issues and updated. Councilman Sapp moved to approve, seconded by Councilwoman Spencer, unanimous approval, MOTION CARRIED. General Announcements: Administrator Logan update on Accounting Tech I opening and Police hired one officer and is looking for another officer. Administrator Logan will be at WMPA later this week. Councilman Lensegrav asked for an update on the hotel convention center. Administrator Logan said they are looking to have weekly updates starting in the near future with Mr. Wharlich.
There being no further business to be considered at this meeting, Councilman Mangold moved to adjourn, seconded by Councilwoman Spencer unanimous approval, MOTION CARRIED. Mayor Wetzel adjourned the regular meeting at 6:28 p.m.
APPROVED:
/s/ John F. Wetzel
Mayor
ATTEST:
/s/ Tiffany Brando
City Clerk
Publ., Thurs., March 21, 2019