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Home My Public Portal AboutMinutes-06/09/2010 Tiffin Regular City Council Meeting Wednesday June 9, 2010 Springmier Library CCA Middle School 6:30pm Call to Order II. Roll Call of Council Members III. Approval of Agenda IV. Community Forum A. B. Sheriff Department Representative V. Approval of Minutes May 12 and 26, 2010 VI. Approval of Receipts and Expenditures VII. New Business A. Public Hearing Ireland Ave Extension Project B. Public Hearing Alliant Energy Franchise 25 Year Renewal 1. Ordinance 2010-302 Renewal Ordinance C. Public Hearing Re-Zoning Request The Depot/Thomas Martin LLC Properties 1. Ordinance 2010-303 Re-Zoning Request for Con-Joining Properties D. Public Hearing 2010 Urban Renewal Plan Amendment 1. Resolution 2010-27 Urban Renewal Plan Amendment 2. Ordinance 2010-304 Urban Renewal Plan Amendment Consent Items: E. Resolution 2010-22 Approval of Case Tequila Alcohol Permit Renewal F. Annual Renewal Cigarette Permits: 1. Casey's Resolution 2010-23 2. Kum & Go Resolution 2010-24 3. Morgans Services Resolution 2010-25 1 4. The Depot Tiffin Resolution 2010-26 G. Resolution 2010-28 Approve 2010-2011 Johnson County Sheriff Depart Agreement H. Resolution 2010-29 Release Lot#31 Woodfield Ridge Part One I. Water and Sewer Connections J. Sidewalks K. Yard Party Permit L. Building Inspection Issues M. Resolution 2010-30 Roberts Ferry Rd Access VIII. Old Business A. Driveways 1. Allen Driveway 2. Bill Grace Driveway 3. Buck Ave Parking Paving Invoice 4. Re-set Date Code of Ordinance Public Hearing IX. Projects A. Hwy 6 Widening Project 1 Final Payment Streb Construction B. Village's Development ° w C. KUM&GO 2. Grand Opening 9:00am June 11, 2010 D. 2008 Water Main Extension Phase Two G. Trails 1. Phase Four a. Design Plan H. Ireland Ave Extension Project 1. Design Plan a. Third St b. Railroad St I. Rolling Hills Phase Four J. Roberts Ferry Rd Improvement Phase Two K. 2010 Water Main Extension Under 1-80 1. I-JOBS Grant L. Municipal Building Planning M. Five Year Capital Improvement Plan N. Jasper Ave South (Hwy 6 to 1-80) Improvements X. Reports A. Tiffin Community Fund 1. Picnic Shelter B. Parks, Recreation, Festivals, and Tourism 1. TiffinFest 2. Electric to City Park 3. Ball Field Reservations C. Library Board Representatives 1. Update 28E Agreements D. Attorney 1. Woodfield Ridge Sidewalk 2. LDR Lawsuit E. Engineer 1. Water Pressure Water Tower F. Public Works 1. Planning 2010 Streets and Sidewalk Repairs 2. DNR Erosion Inspections 3. Truck G. City Clerk 1. Audit H. Council persons Ball and Weipert 1. Website 2. City Manual a. Employment Law b. Employees Section c. City Officials and Council Members Section H. Mayor Pro-tern I. Mayor 1. Hwy 6 Crosswalks 2. Investments XI. Adjournment (Subject to Approval) TIFFIN CITY COUNCIL REGULAR MEETING Wednesday June 9, 2010 SPRINGMIER LIBRARY CLEAR CREEK AMANA MIDDLE SCHOOL Mayor Royce Phillips called meeting to order at 6:45 pm. Roll Call of members Jim Bartels, Mike Gericke, and Travis Weipert. Absent Chris Ball, Mark Petersen Also present: City Attorney Steve Greenleaf, Engineer Doug Frederick, Public Works Brett Mehmen, Building Official Ed Johnson and City Clerk Ruth Demuth. Motion made by Gericke and seconded by Weipert for approval of Agenda as printed. All actions approved by all Aye votes unless so noted.' Community Forum: Deputy Gary Kramer, Johnson County Sheriff Department was present and summarized monthly activities. Motion made by Gericke and seconded by Bartels for approval of City Council minutes for May 12 and 26, 2010. Motion made by Bartels and seconded by Gericke for approval of monthly receipts and expenditures. New Business: Motion made by Gericke and seconded by Weipert to open Public hearing for Ireland Ave Extension Project. Engineer Frederick presented latest concept drawing of Project. Several residents and neighbors to Project presented questions regarding sidewalks, appraisals for right-of-way, drainage in area, noises and engine brake ordinance, privacy fence barrier between street and resident"s property, re-planting of trees and maintenance of sidewalks along new street. Discussion also held on future of high school base ball field and possible traffic interference from ball field. Mayor Phillips explained to audience that their ides and concerns would be discussed and further reviewed by City Council members and additional Public Hearings would be held on revised design plan for further comments by residents. Motion made by Gericke and seconded by Bartels to close Public Hearing on Ireland Ave Extension Project. Motion made by Bartels and seconded by Weipert to open Public Hearing to renew twenty five year franchise agreement with Alliant Energy. Don Kelchen, Alliant Energy, present at meeting, explained details of the non-exclusive electric franchise renewal for twenty five years. Motion made by Weipert and seconded by Gericke to close Public Hearing. Motion made by Gericke and seconded by Bartels to read Ordinance 2010-302 by title only. Council person Bartels introduced Ordinance 2010-302 An Ordinance Updating the Code of Ordinance of the City of Tiffin, Iowa 2010 By Updating Provisions of Chapter 111 Electric Franchise to Extend a Renewal of Twenty Five Year Electric Franchise to Alliant Energy,for approval and motion seconded by Council person Gericke. Ayes: Bartels, Gericke, Weipert. Absent:.Ball and Petersen. Three members of Council being present and having voted to approve first reading, Mayor Phillips declared motion carried and Ordinance 2010-302 was discussed and placed on record. Council person Gericke made motion to waive reading of Ordinance 2010-302.at separate meetings and requested approval of second reading of Ordinance 2010-302, motion seconded by Council person Weipert. Ayes: Bartels, Gericke, Weipert. Absent: Ball and Petersen. Motion made by Council person Bartels and motion seconded by Council person Gericke to approve Ordinance 2010-302 for third and final reading. Ayes: Bartels, Gericke, Weipert. Absent: Ball and Petersen. Three members of Council voted for approval of Ordinance 2010-302, Mayor Phillips declared ordinance passed and adopted. Motion made by Bartels and seconded by Gericke to open Public Hearing for re-zoning request made by Thomas Martin LLC Properties to re-zone properties 316 College St. and 221 W Marengo Rd. Residents and neighbors asked questions on use of properties after re-zoning. Inquires were made on the drainage and traffic flow in and around College St cul-de- sac. Building Official Ed Johnson answered questions regarding plans to possibly re-build The Depot store and plans to improve traffic flow and drainage concerns. Residents asked to be informed when drawings for possible new building are reviewed by Planning and Zoning Commission and City Council. Motion made by Gericke and seconded by Bartels to close Public Hearing. Motion made by Bartels and motion seconded by Gericke to read Ordinance 2010-303 by title only. Council person Gericke introduced Ordinance 2010-303 An Ordinance Amending the Official Zoning Map Ordinance 2007-287 of the City of Tiffn, Iowa by Re-Zoning Two Joining Lots 316 College St and 221 W Marengo Rd From Current Zoning to C2-B Zoning District for Approval and motion seconded by Council person Bartels. Ayes: Bartels, Gericke, Weipert. Absent: Ball and Petersen. Three members of the Council being present and having approved first reading of Ordinance 2010-303, Mayor Royce Phillips declared motion carried, discussed and placed on record. ' Second reading of Ordinance 2010-303 to be read at July 14, 2010 City Council meeting. Motion made by Weipert and motion seconded by Bartels to open Public Hearing for the 2010 Urban Renewal Plan Amendment. Mayor Phillips explained to Council members and audience purpose for request to amend current Urban Renewal Plan to include Lot Five of Bigelow Sub-division for purpose to allow two year TIF Rebate to LMR Development for commercial building. Mayor Phillips reported that there were no written or verbal objections expressed from Planning and Zoning Commission and public on amendment request. Motion made by Weipert and seconded by Gericke to close Public Hearing. Motion made by Bartels and seconded by Gericke to read Resolution 2010-27 by title only. Council person Bartels made motion for approval of Resolution 2010-27 To Declare Necessity and Establish an Urban Renewal Area, Pursuant to Section 403.4 of the Code of Iowa and Approve Urban Renewal Plan Amendment of the 2010 Addition to the Tiffin Urban Renewal Area, and motion seconded by Council person Gericke. Ayes: Bartels, Gericke,Weipert. Absent: Ball and Petersen. Motion made by Gericke and motion seconded by Bartels to read Ordinance 2010-304 by title only. Council person Bartels introduced Ordinance 2010-304 Providing For The Division of Taxes Levied On Taxable Property In The 2010 Addition to The Tiffin Urban Renewal Area, Pursuant to Section 403.19 of the Code of Iowa for approval and motion seconded by Council person Gericke. Ayes: Bartels, Gericke, Weipert. Absent: Ball and Petersen. Three members of Council being present and having approved first reading of Ordinance 2010-304, Mayor Royce Phillips declared motion carried, discussed and placed on record. Second reading of Ordinance 2010-304 to be read at July 14, 2010 City Council meeting. Motion made by Bartels and motion seconded by Gericke to approve consent items: Resolution 2010-22 Alcohol Permit Renewal for Casa Tequilla Authentic Mexican Grill at119 W. Marengo Rd. Resolution 2010-23 Issuance of Cigarette Permit Renewal for Casey's General Store#2667. Resolution 2010-24 Issuance of Cigarette Permit Renewal for Kum and Go Store#137. Resolution 2010-25 Issuance of Cigarette Permit Renewal for Morgan's Service at 230 W. Marengo Rd. Resolution 2010-26 Issuance of Cigarette Permit Renewal for The Depot Tiffin at 221 W. Marengo Rd. Ayes: Bartels, Gericke, Weipert. Absent: Ball and Petersen. Motion made by Bartels and seconded by Weipert to approve Resolution 2010-28 Approving the Agreement Between Johnson County and City of Tiffin for the Purpose of Law Enforcement Protection for the City of Tiffin for Fiscal Year Beginning July 1, 2010 through June 30, 2011. Ayes: Bartels, Gericke, Weipert. Absent: Ball and Petersen. Motion made by Bartels and seconded by Gericke to approve Resolution 2010-29 Releasing any Lien or Cloud Upon Title For All Lots Including Lot#31, Arising From the Developer's Agreement for Woodfield Ridge Part One, Except For Sidewalk Requirements.Ayes: Bartels, Gericke, Weipert. Absent: Ball and Petersen. Council members reviewed research conducted by City Attorney and requested further discussion to be placed on Work Session agenda at June 23, 2010 meeting on water and sewer connections to municipal services and sidewalk installation requirements. Discussion held on backyard party at 611 Ponds Ct residence with live music. Attorney Greenleaf interpreted newly adopted Code of Ordinance regarding noise and music to Council members. Motion made by Gericke and seconded by Weipert to approve special event application with stipulation that resident follows Code of Ordinance guidelines. Council members requested further discussion on topic be placed on Work Session for June 23, 2010 agenda. Attorney Greenleaf reviewed letters from Building Official Ed Johnson regarding Building Code violations with Council members and explained to members that per Code of Ordinances, Mayor has the authority to review and enforce code per his executive authority as he deems necessary. Motion made by Bartels and seconded by Weipert to have Mayor Phillips contact residents and take necessary procedures to handle applicable ordinance violations. Motion made by Gericke and motion seconded by Weipert Resolution 2010-30 Granting Access from Roberts Ferry Rd to Lot#10 of Johnston—Porterfield Subdivision Part Two. Ayes: Bartels, Gericke, Weipert. Absent: Ball and Petersen. Old Business: Motion made by Gericke and seconded by Weipert to table further discussion on Allen driveway until presented with certification and documentation from Greg Allen on matter of Ned Allen driveway as requested by Mayor Phillips and City Council members at May 26, 2010 Work Session. Engineer Frederick explained concept drawing on Bill Grace driveway. Motion made by Bartels and motion seconded by Weipert to authorize Fredericks to meet with Grace on driveway discussions. Motion made by Gericke and motion seconded by Bartels to approve invoice for$5,826.44 to Empire Construction for Buck St. parking paving and sidewalk. Motion made Gericke and motion seconded by Weipert to re-set Public Hearing date to regular City Council meeting on July 14, 2010 for final passage and adoption of Code of Ordinances. Projects: Motion made by Gericke and motion seconded by Bartels to pay final estimate to Strep Construction for$30,000 for Hwy 6 Widening Project. Mayor Phillips reported to Council members of meeting with High Development regarding Villages. Marketing continues to research possible clients to development. Kum and Go and Subway Sandwich Shop will hold Grand Opening and ribbon cutting ceremony at 101 Village Dr. on Friday, June 11, 2010. Engineer Frederick reported on 2008 Watermain Extension Phase Two Project, contractor Summers Enterprise still needs to conduct finale pressure testing on line. Frederick reported that City did receive Categorical Exclusion documentation from IDOT on Trails Phase Four and that design plans were being developed. Council members requested further discussion on Ireland Ave Ext placed on Work Session agenda for June 23, 2010. Engineer reported that sanitary sewer testing needs to be completed on Rolling Hills Phase before Final Plat approval. Council members suggested tabling discussion on Roberts Ferry Rd and place on future Work Session agenda. No new information on 2010 Water Main Under 1-80 Project. Waiting on notification of I-Jobs grant from state. Council members requested discussion on Municipal Building and Five Year Capital Improvements Plan be placed on future work session agenda. Engineer Frederick displayed future Jasper Ave improvements by sections and Mayor asked for smaller versions of concept plan for viewing. • Reports: Mayor Phillips reported on progress of picnic shelter at City Park being built by Bob Sentman and various other volunteers, with Tiffin Community Fund donations. Inquiries have already been received for reservations. Council members requested discussion be placed on June 23, 2010 work session agenda. Report was given on progress of planning for TiffinFest. Schedule of events and parade route were included with June newsletter. Additional information available at www.tiffinfest.com website. Discussion held on extension of electricity to City Park. Public Works and Building Official were asked to continue work with Alliant Energy and Steve's Electric for installation before TiffinFest. Report update was given on increasing usage of ballfields and improvements being completed. Reported by Public Works on re-installation of nine hole Frisbee Golf nine hole course. Council person Bartels, representative appointed to represent city on Springmier Library Board, reported on Library Board work session. Attorney Greenleaf reported on progress of sidewalk removal process in Woodfield Ridge. He reported on progress of LDR lawsuit. Greenleaf provided copies of documentation exchanged with Iowa DNR in regards to REAP park land issues. Council members inquired on timeline for settlement on Federal level regarding park land and acquisition of park land from Villages Development. Engineer Frederick had no new information available on water pressure project. Mayor Phillips inquired on City Park concept maps and plans. Engineer was asked to place display board at Solon State Bank for public review. Council members will set Public Hearing at future City Council meeting on future park plans. Mayor Phillips expressed plans to clear trees and brush from park land'on east side of Jasper Ave. A summary list of areas for repairs for 2010 Street and Sidewalk Repairs Project was submitted by Public Works for consideration. Council members discussed budget limit for repairs and asked Public Works to revise list and submit more details for areas of concerns. Council members asked item to be further discussed at June 23, 2010 Work Session. Public Works reported that old ton truck had broken down and would require costly repairs. Council members asked Public Works and City Clerk to research replacement costs and submit for consideration at June 23, 2010 meeting. Public Works reported on DNR inspections conducted on all development and building sites within the City. The inspections were prompted,by complaints registered by a resident. No violations had been issued on any building sites. It was reported in writing of a few suggestions to remedy any possible future erosion concerns. City Clerk Demuth reported on progress of city audit by the state auditor's office. She also reported that Investment Policy in rough draft version and waiting for additional investment information. Council person Weipert had no new information to report on progress of City Manual Project and updating city website. Mayor Phillips reported that a meeting with contractor on Stephans St and Hwy 6 crosswalks to be held June 10, 2010 for completion of Project. IDOT extended work permit to August 1, 2010 for completion. Mayor also reported on meetings attended on future investment policies and investment administrator. Motion by Gericke and seconded by Bartels for adjournment at 9.15pm. Receipts Water Account 34020.43 Sewer Account 21056.24 Tif Account 58988.66 Library Account 933.45 Debt Services 9746.23 Road Use Tax 7368.96 Local Option Tax 8763.66 General Funds 47212:81 188090.44 Expenditures 80.00 Action Services 137.55 Aero-Mod Inc 5,541.10 Alliant Energy 3,118.04 BCI Lumber 150.00 BOZ Properties • 3,241.66 Cargill Inc. 1,049.50 Carus Phosphates 142.57 Cedar Rapids Photo Copy 197.09 Chemsearch 1,397.00 Consumers Cooperative 18.00 Crystal Clear of Ia Cty 419.17 Delta Dental 200.00 Des Moines Area Comm College 880.00 Freeman Construction 134.05 Future Systems Inc 563.93 Gazette Communications 125.00 Glass Masters 591.90 Hach Company 10,197.76 Hart Frederick Consultants 2,294.04 HD Waterworks 111.69 Hills Bank 1,701.00 Ia Dept of Revenue 261.70 Iowa City Ready Mix', Inc. 32.50 Iowa One Call 3,026.87 IPERS 108.00 Johnson County Recorder 4,772.05 Johnson County Refuse 3,217.50 Johnson County Sheriff Dept 10.00 Julie Sexton 130.00 Kris Petersen 293.83 Lenoch & Cilek 270.00 Lighting Maintenance Inc 151.33 Linn Co. REC 1'1,088.65 LL Pelling • 2,918.13 Lowe's 3,170.75 Lynch Greenleaf& Michael 84.24 MidAmerican Energy Company 597.65 Morgans Services 436.60 PACE Supply 93.05 Paul Kalina 5,291.73 Payroll Taxes 10,704.84 Payroll Wages 1,000.00 Pitney Bowes - Postal Account 59.98 Quill 5,155.76 River Products Company Inc 225.08 School-Tech Inc 26.40 Shazam Inc 375.13 South Slope Tele 32.97 Staples 778.88 Steve's Electric 10,144.00 Teledyne Isco, Inc. 108.30 The Sled Shed 6,500.00 Tiffin Fire Dept Association 75.00 Tiffin Vol Fire Dept 225.45 US Cellular 367.84 VISA 61,100.25 VISU-SEWER, INC 2,840.92 Wellmark 206.15 Wendling Quarries 2,697.50 Your Home Doctor 170,870.08 Submitted by: uth Demuth, City Clerk Attest to: It . , . ALA_ RN e • 'll ps, Mayo', 1