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HomeMy Public PortalAboutMinutes-02/13/2013 (2) CITY OF TIFFIN Minutes Regular City Council Meeting Wednesday, February 13, 2013 Springmier Library at CCA Middle School The Tiffin City Council met in regular session on Wednesday, February 13, 2013 at the Springmier Library in the CCA Middle School. Mayor Berner called the meeting to order at 6:36 p.m. Roll call vote: Joan Kahler,Jim Bartels, Peggy Upton, Royce Phillips.Also present: Engineer Frederick,Attorney Michael, Public Works Director Mehmen, Public Works Detert,Administrator Jackson.Absent: Mike Ryan. Motion made by Bartels,seconded by Kahler to approve the agenda.All ayes. Motion carried. Community/Citizen Forum Springmier Library update: Library is asking the.City for$24,800 of budget funds for FY 2014. Council asked Mrs. Peterson questions regarding: hours of operation,staff and operating budget. TiffinFest Update: Council Person Upton stated the next meeting will be'on February 19th at 700 p.m. in the Springmier Library at the CCA Middle School.At this time,there is not enough people on the committee to continue. Deputy Clerk to contact people that were interested in assisting to see if they can come to the committee meeting. MPO—Community Visioning: Mr.Ackerson spoke to Council about a free program,through Iowa State, that utilizes students,teachers and representatives to work on city-wide landscaping.They will hold several public meetings to discuss entry-way signs,trees,trails and other beautification projects.Then use the completed study to apply for grant funding.Application deadline is September and, if awarded, it will start immediately in the fall. Johnson County Sheriff: Reported all is well. Minutes Minutes changes: • 01/09/13: bottom paragraph on first page Mr. Musser with MMS re:willow ridge needs to read little less than "20 acres." Page 3, 6th paragraph=Mayor spoke with IDNR-not IDOT. Page 4, bottom=Mayor wants two options for retaining wall, big block and side block.Also remove banked TIF funds can not be used due to timeline. Need to remove the sentence Council Person Upton said about retaining walls. Page 2: appointments-Attorney: no "work on file" to fix the wording like: make a phone call,talk to Michon, etc. • 01/23/13: Last page, top paragraph: change"not to include a through-street." • 01/30/13: Change loose to lose. Motion by Upton to approve the minutes, as amended,for January 9th,January 23rd and January 30th, seconded by Bartels.All ayes. Motion carried. Financial Reports and Payables Motion made by Kahler, seconded by Bartels to approve the financial reports and payables. Ayes=Kahler, Bartels, Upton. Nays=Phillips. Motion carried. Unfinished Business Ordinance 2012-319 Amending Ordinance 1998-218 Subdivision Ordinance-2"d rea"ding: Motion made by Kahler to approve 2012-219, seconded by Bartels.Ayes=Kahler, Bartels, Upton, Phillips Nays=none. Second reading of Ordinance passed. Ordinance 2012-316 Amending the Municipal Water Code to include a Late Fee, NSF fees and Disconnect/Reconnect Fees-3rd reading: Motion made by Kahler to approve 2012-316, seconded by Bartels.Ayes=Kahlerand Bartels Nays=Upton and Phillips.Ordinance does not pass at this reading. Ordinance 2013-321 Amending the Zoning Ordinance No. 2007-287 and Any Amendments Thereto Adding the Permitted Use of Indoor Automobile Sales and Service in an M-2 Zoning—2nd reading: Motion made by Upton to approve 2013-321,seconded by Bartels. Ayes=Kahler, Bartels, Upton, Phillips Nays=none.Second reading of Ordinance passed. Resolution 2013-013 Authorizing the City to enter into a Subdividor's Agreement with R A Holdings LLC: Motion made by Kahler to approve R A Holdings Subdividor's Agreement, seconded by Bartels. Ayes=Kahler, Bartels, Upton Nays= Phillips. Resolution passed. Resolution 2013-014 Approving the Final Plat of R And A Condominiums as a Resubdivision of Lot 6 of Johnston-Potterfield Subdivision, Part 2 in Tiffin,Johnson County, Iowa: Attorney stated to make the approval contingent upon getting the Treasure and Auditor's Certificates. Motion made by Bartels to approve R and A Condominiums, seconded by Kahler.Ayes=Kahler, Bartels, Upton Nays=Phillips. Resolution passed. Further discussion from Council Person Upton who commented she hopes MMS will try to accommodate the residents that are unhappy about this development. Resident Peterson:concern the streets are clean with the mud coming out of that project in the spring. Ms. Happel:opposed to development and it was sold that development area was single family,also Potter street is congested, high density changes property value, and believes it is not a good plan for the city.Council Person Phillips commented the plat is consistent with the zoning, but it was a mistake to zone it that way years ago and that is why he voted against it. Ordinance 2013-323 Amending Zoning Map for Willow Ridge—1st reading: Mayor confirmed there are no tract zoning changes and Tract#2 was the only questionable piece of development but previously P&Z approved the zoning and MMS previously worked with Council for this development and held the public hearing as such. Council Person Phillips commented MMS has done extraordinary job working with this concept, but Tract#2 he is very unhappy. Mayor Berner recommended to follow P&Z's recommendation. MMS clarified that Tract#2 the R4 zoning will only have one building on that location. Motion made by Kahler to approve 2013-323, seconded by Bartels.Ayes=Kahler, Bartels, Upton, Phillips Nays=none. First reading of Ordinance passed. Resolution 2013-017 Approving the 2013 CIP list of surfacing projects to be completed by June 30,2013: Mayor Berner stated there is$832,995 to-date on-hand of TIF funds.The Division 2 of the Water Tower will be around $500,000,which leaves approximately$332,995 to spend. Per the budget last year has a balance,this fiscal year has a balance and FY 2014 will have a zero balance of zero—which is what the TIF law requires.The Bond Attorney and Financial Person will come to the 02/27/13 meeting. Council Person Upton made a motion to remove the June 30th date out of the Resolution,seconded by Bartels. Vote on Motion made by Upton amended to strike the reference to June 30th, seconded by Bartels.Ayes =Kahler, Bartels, Upton, Phillips Nays= none. Motion passed. Motion made by Upton to approve Resolution 2013-017 as Amended above, seconded by Bartels.Ayes=Kahler, Bartels, Upton. Nays=Philips. Resolution passed. Ordinance 2013-322 Adopt the 2009 International Building Code, 2009 International Residential Code, 2011 National Electrical Code, 2009 International Fuel Gas Code, 2009 International Mechanical Code, 2009 International Plumbing Code, 2009 International Property Maintenance Code, and 2009 International Fire Code and Amending the Municipal Code of Tiffin, Iowa, Chapter 155, Building Codes, to Include an Exception Under 155.02 Fire Safety Provisions and Update the Building Code Provisions, and Amending Provisions of the Municipal Code of Tiffin, Iowa,Chapter 156, Housing Code,to Update Building Code Provisions—2nd reading: Motion made by Kahler to approve 2013-322, seconded by Upton.Ayes= Kahler, Bartels, Upton, Phillips Nays=none. Second reading of Ordinance passed. Resolution 2013-022 Authorizing Hart-Frederick to proceed with the Design, Cost Estimates and Prepare/Obtain necessary permits for the 2013 Capital Improvement Projects: Mayor Berner wants to make sure to amend the Resolution to show changes to "less than 6 inches".So moved by Upton to amend the Resolution as indicated, seconded by Bartels.All ayes. Motion passed. Motion by Upton to approve 2013-022 as ameded, seconded by Bartels.Ayes=Kahler, Bartels, Upton Nays=Phillips Resolution passed. New Business Resolution 2013-016 Approving the Alcohol License Renewal for Throttle Down Sports Bar and Grill: Motion made by Kahler to approve 2013-016, seconded by Upton.Ayes=Kahler, Bartels, Upton Nays= Phillips. Resolution passed. Outlot C updates by Neuzil to add drainage tile for$4,500: Public Works Director Mehmen explained that Outlot C in Timber Ridge had the trees cleared out and it should be tiled to keep it mowable. Motion made by Phillips to approve tiling by Neuzil for$4,500, seconded by Bartels.All Ayes. Motion passed. Resolution 2013-010 Terminating the 28E Agreement with the City of Coralville for Nonresidential Inspections:Jackson explained that will need to terminate 28E Agreement filed with the State and County because our Building Inspector Mr.Shay can complete the Commercial Inspections starting July 1, 2013. Motion made by Upton to approve 2013-010, seconded by Kahler.Ayes=Kahler, Bartels, Upton, Phillips Nays=none. Resolution passed. Jackson, MPI Spring Conference April 17-19: Motion made by Bartels to approve Jackson to attend Conference, seconded by Upton.All ayes. Motion passed. Emergency Siren at Industrial Park:Administrator Jackson informed Council that Johnson County EMS would like the City to put up an emergency siren at the Industrial Park.A map was given to Council showing the current coverage of sirens.The cost estimate to add the siren is$18,000.Council,general speaking,did not like the idea of adding another siren, at the City's expense, at this time because we currently have good City coverage. Public Works Director Mehmen commented that all of our current sirens are A/C only. If the power goes out,they will not work.To install a new AC/DC emergency siren will cost around $36,000. Mayor Berner wants to check if it might be possible to retrofit our current sirens from AC only to make them DC also. Council Person Upton would like to know if we can use TIF funds. Council Person Phillips made a motion to get costs and a timeline for AC/DC options, seconded by Upton.All ayes. Motion passed. Resolution 2013-015 Setting a Date for Public Hearing for Amending the Municipal Code of Chapter 99, Sewer Usage Charge System,to Include an Exception Under 99.10 Payment of Bills:Jackson discussed with Council the dollar limit for the Ordinance, Council agreed it should be$300. Council Person Upton made an amendment to the Resolution to add the date for the public hearing to be on 02/27/13, seconded by Phillips.All ayes. Motion carried. Upton made a motion to approve 2013-015 as amended, seconded by Phillips.All ayes. Resolution passed. Resolution 2013-011 Setting a date for Public Hearing for FY2014 Budget:Jackson explained that even though we made the public hearing previously,the legal publication days could not be met and we needed to amend/change the date to 02/27/13. Motion made by Kahler to approve 2013-11,seconded by Bartels.Ayes=Kahler, Bartels, Upton, Phillips Nays=none. Resolution passed. Resolution 2013-018 Setting a Date for Public Hearing and Letting for Division 2 of Water Tower project to include: 16-inch main to the new water tower and the 12-inch main from the water treatment plant to Ireland Avenue: Motion made by Phillips to approve 2013-018,seconded by Bartels.Ayes=Kahler, Bartels, Upton, Phillips Nays=none. Resolution passed. Resolution 2013-019 Approving the Mayor and City Administrator/Clerk to sign the Addendum to the Federal Aid Agreement for the Surface Transportation Program Project-Ireland Ave. Motion made by Phillips to approve 2013-019, seconded by Bartels.Ayes=Kahler, Bartels, Upton, Phillips Nays=none. Resolution passed. Resolution 2013-020 Amending the 2013 Financial Investment Policy to have a one year cap of funds at Solon State Bank in the amount of$8M:Administrator Jackson informed Council that the Bond funds are in the savings account waiting for the projects to get completed.The funds technically are not investments but to follow the stated investment policy there are financial caps at each bank or credit union of$2.5 million.Currently,the City is over that amount due to the bond funds.The best interest rate at any local or IPAIT investment is at Solon state bank currently. Mayor Berner confirmed the City would lose over$1,000 per month in interest if the funds are transferred. Motion made by Kahler to approve 2013-020,seconded by Bartels.Ayes=Kahler, Bartels Nays=Upton, Phillips. Resolution failed. Discussion: Big Country: Mr. Nolte, President of Iowa City Development G spoke to Council about the opportunity for Big Country Seeds to expand their business to add industrial recycling and between 5-10 new permanent positions. Mr. Steines is requesting a 5 year property tax abatement on the expansion portion only of the property,which should be an additional 25,000-30,000 square foot addition,which will almost double his current size. He is looking for a commitment immediately to move forward. Council wanted to know the general idea of what the costs would be. Best estimate is his current property taxes are around $36,000 per year. Council had discussion of time frame for commitment and confirmed that the property tax abatement can use TIF funds.The tax abatement will begin the year after it is built,the Urban Renewal Plan needs to be amended and an agreement drafted between the parties. Motion made by Bartels to move forward with what is necessary for a five (5)years tax abatement, seconded by Kahler.Ayes=Phillips, Upton, Bartels, Kahler. Motion passed. Resolution 2013-021 Adopting a Standing Rule Regarding the Effect of a Council Member's Abstention when not Required by a Conflict of Interest: Motion made by Upton to approve 2013-021, seconded by Bartels.Ayes=Kahler, Upton, Phillips, Bartels Nays=none. Resolution passed. Teacup pig discussion: Council had general discussion and would like the attorney to review the Ordinance and provide more info. Motion by Upton to adjourn action on this item until 03/13/13, seconded by Bartels.All ayes. Motion carried. Resolution 2013-023 Setting a date for Public hearing for changing the due date for animal licenses/tags: Motion made by Bartels to approve 2013-023, seconded by Kahler.Aye=Kahler, Bartels, Upton, Phillips. Resolution passed. Resolution 2013-024 Authorizing Hart-Frederick to proceed with the 2013 Water Storage Pressure Upgrade—Phase 4: Motion made by Kahler to approve 2013-024,seconded by Upton. Ayes=Phillips, Upton, Bartels, Kahler. Resolution passed. Reports Attorney Michael reported: Completed purchase of Brown and Bryant property.Waiting to hear from The Depot Attorney. IA DOT wants to wait for on the Church and Williams property due to right-of-way approvals.There will be a condemnation of title for the property by the railroad.The City will need to get an easement for water from the Railroad. Engineer Frederick reported: Has 3D presentation for Ireland Avenue.Spoke with the IA DNR regarding the concession stand: no problems with the bathroom or storage area flooding,worry about fridge and food area—maybe a 2nd floor with a dumbwaiter might work.The concession stand will need to be elevated another two (2)feet. Public Works Mehmen reported: Received quotes of$16,000 to finish the outfield fences with caps at the baseball diamonds. Motion made by Kahler to approve the$16,000 to get the fences completed, seconded by Upton.All ayes. Motion passed.The new water tower foundation was poured and has to cure for 7 days. Mehmen and Detert addressed Council regarding Public Works employee Zimmerman and requested he go to full-time as soon as possible.They stated he is a good working and a good employee. Council Person Kahler made a motion to have Mr.Zimmerman for full-time as of April, 2013, seconded by Phillips.All Ayes. Motion passed. Council Person Upton would like a paper Comprehensive Plan to all council members. Administrator Jackson reported: Alliant Energy contacted City Hall and said as street lights burn out they will replace them with LED lights. Bryant property closed on 02/14/13 and if Council wanted to do a walk through of the property it would be at 10:30 in the morning. Someone hit our grader and filed a claim with insurance, it has been handled. If there is a circumstance that warrants a public response (disaster,employee issues,etc.)-it is requested that all referrals for comment from the press be referred to the City Administrator/Clerk at City Hall—as a single PR point of contact.The Comprehensive Plan will be on the March agenda for P&Z to review,then forwarded to Council for review and updates. Mayor Berner reported: Believes there needs to be more light at Highway 6 and Jasper Avenue, might need to add more street lights after the parking lot paving is done if there is not enough. Mayor Berner also checked with the Engineer on the status of the crossing arms at the Railroad crossing. Motion by Bartels,seconded by Upton to adjourn the meeting at 9:34 p.m.All ayes.,Motion carried unanimously. 0 Michon Jack , City Administrator/Clerk Steven L. Berner, Mayor February 13,2013