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Home My Public Portal AboutMinutes-01/09/2013 (2) CITY OF TIFFIN Minutes Regular City Council Meeting Wednesday,January 9, 2013 Springmier Library at CCA Middle School The Tiffin City Council met in regular session on Wednesday,January 9,2013 at the Springmier Library in the CCA Middle School. Mayor Berner called the meeting to order at 6:31 p.m. Roll call vote:Joan Kahler,Jim Bartels, Peggy Upton and Royce Phillips, Mike Ryan(arrived at 7:03 p.m.).Also present: Engineer Frederick,Attorney Michael,Administrator Jackson, Public Works Director Mehmen (arrived @ 6:35). Motion made by Bartels,seconded by Kahler to approve the agenda.All ayes. Motion carried unanimously. Community/Citizen Forum Sheriffs report:The yearly account totals were accidently not mailed out with the monthly report.They will be mailed next week. Presentation from Mark Nolte from Iowa City Area Development Group is working on economic development and bringing in business and jobs to Johnson County.They are working closely with the Chamber.They will provide progress updates to Administrator Jackson.There will some upcoming events the community can attend. Minutes Motion by Upton to approve the minutes from 12/12/12 and 12/19/12,seconded by Bartels.All ayes. Motion carried. Financial Reports and Pavables Motion by Kahler,seconded by Bartels to approve the financial reports and payables.Ayes=Kahler, Ryan, Bartels, Upton. Nay=Phillips. Motion carried.Council Person Phillips would like for all accounts the:location,balances and interest rates. Council Person Upton asked for some clarification on the payables for Alliant Energy and The Depot. Public Hearing Mayor Berner opened the public hearing on adding the permitted use of Inside Automotive Sales and Servicing of cars in an M-2 Zoning at 6:52 p.m.Council Person Upton motioned to open the public hearing,seconded by Bartels.All ayes. Motion carried. No community input and no written comments received. Mayor Berner closed the public hearing at 6:53 p.m. Motion by Upton,seconded by Bartels to close the public hearing.All ayes. Motion carried. Mayor Berner opened the public hearing on rezoning of Willow Ridge:Tract#1 from R2 to R4,#2 R2 to R4,Tract#3 R4 to R8, Tract#4 R2 to R8 and Tract#5 R3 to R2 at 6:53 p.m.Council Person Kahler motioned to open the public hearing,seconded by Bartels.All.ayes. Motion carried. Mr. Freeman inquired about entrances and exits along Highway 6. Mr.Olivier commented that what brought his family to Tiffin is the spaciousness and less density. Ms.Wass mentioned the high traffic and the higher density that will be behind her property. Mr. Musser with MMS replied that he has been working with P&Z and Council on the development that is a little less than 20 acres.Additionally,he commented the area will be a mix of rental and owned units. Engineer Frederick stated an engineering study was done years ago regarding entrances and traffic. Mayor Berner commented the rezoning request has been reviewed by P&Z,and drawings of the development are available for viewing at City Hall.Council Person Phillips indicated that MMS has done an excellent job addressing the Council concerns, but he would still like to see Tract#2 go to an R2 zoning instead of an R4. Mayor Berner closed the public hearing at 7:12 p.m. Motion by Bartels,seconded by Upton to close the public hearing.All ayes. Motion carried. 1 1 Mayor Berner opened the public hearing on amending Ordinance 1998-218 Subdivision Ordinance at 7:13 p.m.Council Person Bartels motioned to open the public hearing,seconded by Kahler.All ayes. Motion carried. No community input and no written comments received. Mayor Berner closed the public hearing at 7:13 p.m. Motion by Ryan,seconded by Upton to close the public hearing.All ayes. Motion carried. Mayor Berner opened the public hearing on adopting the 2009 International Building Codes at 7:13 p.m.Council Person Ryan motioned to open the public hearing,seconded by Upton.All ayes. Motion carried. No community input and no written comments received. Mayor Berner closed the public hearing at 7:14 p.m.Motion by Ryan,seconded by Kahler to close the public hearing.All ayes. Motion carried. Mayor Berner opened the public hearing on adopting the 2009 Residential Code at 7:14 p.m.Council Person Kahler motioned to open the public hearing,seconded by Ryan.All ayes. Motion carried.Council Person Phillips asked which building code updates were previously done a few years ago.Administrator Jackson confirmed that the updates were to the 2006 standards at that time. No community input and no written comments received. Mayor Berner closed the public hearing at 7:14 p.m. Motion by Kahler,seconded by Bartels to close the public hearing.All ayes. Motion carried. Mayor Berner opened the public hearing on adopting the 2011 National Electric Code at 7:15 p.m.Council Person Upton motioned to open the public hearing,seconded by Ryan.All ayes. Motion carried. No community input and no written comments received. Mayor Berner closed the public hearing at 7:15 p.m. Motion by Bartels,seconded by Ryan to close the public hearing.All ayes. Motion carried. Mayor Berner opened the public hearing on amending the Municipal Code,Chapter 155.02"Fire Safety Provisions"to add an exception for those buildings listed in 155.02(1)when construction was completed before 12/31/08 and which have had no additional or alterations since that date at 7:15 p.m.Council Person Kahler motioned to open the public hearing,seconded by Ryan.All ayes. Motion carried. No community input and no written comments received. Mayor Berner closed the public hearing at 7:16 p.m. Motion by Upton,seconded by Ryan to close the public hearing.All ayes. Motion carried. Appointments Mayor Pro-Tem: Mayor Berner appointed Council Person Ryan as the mayor pro-tern. City Administrator/Clerk: Motion made by Kahler to approve Administrator Jackson for 2013,seconded by Ryan.Ayes= Kahler,Ryan, Bartels, Upton. Nays=Phillips. Motion carried. City Attorney: Motion made by Kahler to approve Lynch, Michael& Raiber L.L.P for'2013,seconded by Upton.Council Person Upton commented she would like to see a bit more details on invoices provided to the City like instead of"work on file" change to make phone call,talk to Michon,etc.Council Person Phillips stated he would like to receive responses to the emails he has sent. Ayes=Kahler, Ryan, Bartels, Upton, Phillips. Nays=none. Motion carried. City Engineer: Motion made by Kahler to approve Hart-Frederick for 2013,seconded by Ryan.Council Person Upton asked if Hart-Frederick is acting as our city engineer,can the City still award projects to other firms if Council chooses to do so.She also wanted a time breakdown and a running total for projects,like engineering fees for Ireland Ave. Finally,she finished with the statement that if it could be construed as a possible conflict of interest;would like to make sure they are working for the City.Council Person Phillips commented that he has been disappointed on several projects, he believes there has been some excessive costs,and they have been less than timely occasionally,there have been some errors and he would like to request a new city engineer.Council Person Bartels stated he appreciates the outline of the bills, and that helps.Ayes=Kahler, Ryan, Bartels, Upton. Nays= Phillips. Motion carried. 2 I rz/\' L-� Official Newspaper for Legal Publications: Mayor Berner commented this paper is best because we try to go for local readership. Motion made by Ryan to approve Gazette Communications for 2013,seconded by Kahler.Ayes=Kahler, Ryan, Bartels, Upton, Phillips. Nays=none. Motion carried. Unfinished Business Resolution 2013-002 Setting a Date for Public Hearing Amending the Municipal Code to include a Sewer exception: Date for public hearing to be set for 01/23/13. Motion made by Upton to approve 2013-002,seconded by Kahler.Ayes=Phillips, Upton, Bartels, Ryan, Kahler. Nays=none. Motion carried. Ordinance 2012-319 Amending Ordinance 1998-218 Subdivision Ordinance-1'reading: Motion made by Kahler to approve 2013-219,seconded by Ryan.Ayes=Phillips, Upton, Bartels, Ryan, Kahler. Nays=none. First reading passed. Ordnance 2012-316 Amending the Municipal Water Code to include a Late Fee, NSF fees and Disconnect/Reconnect Fees-2nd reading:Motion made by Ryan to approve 2012-316,seconded by Bartels.Council Person Upton states she still thinks the City does not need a reconnect/disconnect fee.Ayes=Kahler, Ryan, Bartels. Nays=Upton, Phillips.Second reading passed. Ordinance 2012-318 Amending the Code of Ordinances by Amending Provisions Pertaining to Noise Control—final reading: Council Person Ryan reminded Council that this Ordinance pertains to the Commercial noise,there was already a Residential Noise Ordinance passed. Motion made by Ryan to approve 2012-218,seconded by Kahler.Ayes=Phillips, Upton, Bartels, Ryan, Kahler. Nays=none.Ordinance passed. Ordinance 2012-320 Providing for the Division of Taxes Levied on Taxable Property in the November 2012 Addition to the Tiffin Urban Renewal Area, Pursuant to Section 403.19 of the Code of Iowa—final reading: Council Person Upton confirmed this is adding the old town area into the urban renewal area.Council Person Ryan thanked the Mayor for handling this update. Motion made by Upton to approve 2012-320,seconded by Bartels.Ayes=Phillips, Upton, Bartels, Ryan, Kahler. Nays=None.Ordinance passed. City Hall discussion: Mayor Berner began the discussion regarding parking spaces, he also added the City has paid around $280,000 for the Locker location and that site needs to be utilized. He followed up with there has been talk for years regarding a new City Hall and we need one now, not later. Plus,there are time issues to get the federal rules lifted on the property/area where the Community Center would go.The City Engineer confirmed the 29-40 parking spaces would be a little larger than normal.Council Person Phillips does not like the project or the site location(at the Locker)and the Federal swap should be worked on right now. Council Person Upton commented the difference between the two sites is not a huge cost difference,the(City's)money might be better spent on a long-term facility,but she understands the urgency. Mayor Berner has spoken with the IADNR generally about the swap,also he stated that North Liberty nor Coralville put their City Halls with their Community Centers. Council Person Kahler does not think City Hall should be with a Community Center,if it is packed there might not be parking available.Council Person,Ryan indicated that previously he thought a new City Hall was going to be paid by TIF funds,which is not the case;so the urgency of completion decreases some.Administrator Jackson confirmed that a larger City Hall is not because of three employees,there is no work area or storage space.Council Person Ryan made a motion to have Administrator Jackson and Mayor Berner look into leasing a larger facility space for up to one year and to check with North Liberty and Coralville as to why they did not combine their buildings,seconded by Bartels.All ayes. Motion carried. New Business Resolution 2013-001 Approving the City's Investment Policy: Motion made by Kahler to approve 2013-001,seconded by Ryan.Council Person Phillips to amend Kahler's motion to have the policy state to review the policy yearly,seconded by Upton.Voting on the Amendment:Ayes=Phillips, Upton, Bartels, Ryan. Nays=Kahler. Amendment to review investment policy passes.Voting on original motion.Ayes=Kahler, Ryan, Bartels. Nays=Phillips, Upton. Resolution 2013-001 passed. Council Person Phillips made a motion to amend the policy further stating:in order to prevent the appearance of any conflict of interest that any time an employee of any financial institution holds an elected office in the City of Tiffin,there will be no City money deposited in that financial institution,seconded by Upton. Mayor Berner confirmed there is no conflict of interest to hold a position and he has a letter from the Board of Ethics indicating there is no conflict of interest.The Mayor followed up with this item was previously addressed. 3 1 City Attorney Michael has not done any research on this subject.Council Person Ryan does not support the motion made by, Phillips and further stated that there is only one bank in town and less than 3,000 people,if we were a larger city there might be more options.Council Person Kahler commented that Phillips,basically,does not trust the mayor.Council Person Upton followed with the situation seems to tread in a gray area and we should try to avoid the appearance of impropriety.Voting on Phillips motion: Ayes=Phillips, Upton. Nays=Kahler, Ryan, Bartels. Phillips motion does not pass. Iowa Treasure Hunt:Administrator Jackson explained that yearly any excess funds on Utility Accounts that cannot be forwarded to the rightful owner needs to be sent to the State of.Iowa. It is actually due in October yearly, but Jackson asked for,and was granted,an extension. 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—15t Reading:Council Person Phillips confirmed that Council was comfortable with indoor car sales.Council did not seem to have a problem with any type of car sales. Motion made by Kahler to approve 2013-321,first reading,seconded by Upton.Ayes=Phillips, Upton, Bartels, Ryan, Kahler. Nays=None. First reading passed. Resolution 2013-003 Approving Bad Debt Write Offs from 2012 and Earlier from Utility Billing:Administrator Jackson explained that yearly past due and uncollectable Utility Billing accounts need to be written off as bad debt. Motion made by Upton to send to past due to a collection agency to attempt to get some of the funds back,seconded by Ryan.Ayes=Phillips, Upton, Bartels, Ryan, Kahler. Nays=none. Motion made by Upton to approve 2013-003,seconded by Ryan.Ayes=Phillips, Upton, Bartels, Ryan, Kahler. Nays=none. Motion carried. Resolution 2013-004 Authorizing Hart-Frederick to design and provide a cost estimate to the paving of the parking lot at City Park: Mayor Berner stated this is a TIF project on the Capital Improvement Plan.Council Person Upton commented people will fill up the parking lot and the grass for ball games.Council Person Kahler added we are currently looking into a concession stand.Council Person Ryan added that he is willing to lose a few parking spaces in order to get some trees in the area.Council Person Phillips wants to know how close the parking design matches from the previous drawing from the concept for a city hall&community center.Additionally, he requested to get a legal opinion (from our bond attorneys)on having to spend the banked TIF funds.Council Person Upton agreed with that request for a legal opinion.Council Person Ryan clarified that if the TIF funds get returned to the county Tiffin loses, but it will go back to the School and the County. Hart-Frederick followed-up with seal coating the whole parking lot and to have around 58 parking spaces would be around$58,000.This project will also need to be bid out.Council Person Ryan stated the area we know will be permanent,we could pave that area and the driveway to the East could be asphalt. Motion made by Ryan to approve 2013-004,seconded by Bartels.Ayes=Kahler, Ryan, Bartels, Upton. Nays=Phillips. Motion carried. Resolution 2013-005 Authorizing Hart-Frederick to design sand cost estimate to the East and West entrances off of Jasper to the City property: Mayor Berner indicated this is also in the Capital Improvement Plan and is a safety issue to get traffic off of Highway 6. Public Works Director Mehmen commented we can't develop the area because it is flood plain. Mayor Berner said rather than having separate design for the entrances the parking lot could connect to the other parking lot.Council Person Upton confirmed we can use TIF funds on this project. Engineer Frederick added if the soccer field parking lot is done, the City can use that dirt for`this project and not have to bring dirt in.They will forward new design drawing for the soccer field area.Council Person Kahler made a motion to amend Resolution 2013-005 from Jasper to include an entrance to the West to connect the parking lot and the second part would be entrance to the East to include developing parking lot and soccer fields,seconded by Bartels.Voting on the amended motion:Ayes=Phillips, Upton, Bartels, Ryan,Kahler. Nays=none. Motion carried. Motion made by Ryan to approve 2031-005,seconded by Kahler.Ayes=Upton, Bartels, Ryan, Kahler.Nays= Phillips. Motion carried. Resolution 2013-006 Authorizing Hart-Frederick to design and cost estimate to the sidewalk from Deerview through the tunnel to the CCA School property: Hart-Frederick said the cost estimate will need to be to the CCA property. It will be a 6' sidewalk.The project will be in the IADOT right-of-way and the City will need permits,there will be a cost savings of approximately$30,000 from the original quote done previously due to the changes, but the project will not be completed by June 30`h.Council Person Upton stated the plans/designs belong to the City and could be used by another Engineer,if necessary.Council Person Bartels wants to approve the project, but can not approve Hart-Frederick doing the design due to previous 3 or 4 lawsuits/issues with the project. Mayor Berner confirmed there will be no contact with the property owners in that area and it will be through our City Attorney.Council Person Ryan confirmed this project was listed by Council as the 4 City's#1 priority for completion. Mayor Berner wants the design to include a retaining wall with two options of big block and the regular block.Council Person Ryan asked if the school had to put in a sidewalk on their property. Mayor Berner said the 28E Agreement states we are to go to the property line and our City Ordinance states the school needs to put in sidewalks,it has not been enforced to-date,but once the City puts in the sidewalk to their property line,the City will enforce the Ordinance to get the school to put in the sidewalk on their property. Motion made by Ryan to approve 2031-006,seconded by Kahler.Ayes=Ryan, Kahler, Upton. Nays=Phillips, Bartels. Motion carried. Resolution 2013-007 Authorizing Hart-Frederick to generate co-existing standards to SUDAS: Mayor Berner talked with Hart-Frederick,the City will eventually need to adopt the SUDAS,but we can create certain design standards that co-exist with the SUDAS.The City Engineer and Public Works need to work together for the design standards. Once that is complete it will go to P&Z for review and approval.Council Person Ryan made a motion to amend this Resolution by having a completion deadline of 6-months,seconded by Kahler.Ayes=Phillips, Upton, Bartels, Ryan, Kahler. Nays=none. Motion made by Ryan to approve 2013-007,seconded by Bartels.Ayes=Upton, Bartels, Ryan, Kahler. Nays= Phillips. Motion carried. ti , • "Setting a date for a budget work session:Motion made by Ryan to have the work session on 01/30/13 at 6:30 in the Fire Station,seconded by Bartels.All ayes. Motion passed. Resolution 2013-008 Setting a Date for Public Hearing for Adopting the 2009 International Fuel Gas Code,2009 International Mechanical Code,2009 International Plumbing Code,2009 International Property Maintenance Code,and 2009 International Fire Code:Public hearing to be set for 01/23/13.Attorney Raiber spoke several times with the Building Inspector, Mr.Shay,to update Ordinance. Motion made by Ryan to approve 2013-008,seconded by Upton.Ayes= Phillips, Upton, Bartels, Ryan, Kahler. Nays=none. Motion carried. Reports Attorney Michael reported: Introduced Crystal Raiber is a new partner with the firm. Ireland Avenue update:they are close to having the paperwork signed by Mr. Brown, Ms.Williams,and the church.The building codes all refer to one another and we will want them tailored to our city needs. R&A Holdings documents are being reviewed. In the R&A Subdividor's agreement the City might want to consider provisions for the Outlot and get an Easement now. Engineer.Frederick reported: Asked Administrator Jackson to make Resolution for pressure reducing valves in the old part of town for the new water tower. Industrial park:the water main is in,it has been flushed, but it needs to be chlorinated and tested to get approved. Public Works will notify City Hall when the water will be available. Mayor Berner thanked Hart- Frederick for handling the job and getting it completed correctly. It was indicated there is about 6-blocks of the water main, in the old part of town that needs to be completed/updated that could use TIF funds. Mayor Berner wants the Engineer to consider cutting curbs on Roberts Ferry,they can use TIF funds and have a majority of them done by June 30`h deadline. TIF funds can be used on the UV Filtering,and the Engineering can be done by June 30`h. The Northern portion of Jasper Avenue overlay can be done by June 30`h with TIF funds. Discussion about overlay on Roberts Ferry to help with the road from HWY 6 to the top of the hill or until Goldfinch—will provide quotes on those soon. Engineer Hart suggested while the equipment would be in town paving the parking lots might as well do the paving of Roberts Ferry to save money Public Works Mehmen reported: Generator engine at the wastewater plant is junk and needs to be replaced. The road is in to the water tower. Mayor Berner spoke to the President of Maguire Iron and they guaranteed to be there by January 14th. Administrator Jackson reported: No report this month on the previous utility billing issues,been extremely busy in City Hall: Beginning to work on budget. Mayor Berner reported:The talking points for annexation will be on the next agenda. 5 Closed Session Code of Iowa Ch 21.5j—Code of Iowa Real Estate discussion. Motion by Bartels to enter into closed session at 9:51 p.m., seconded by Upton.All ayes. Motion carried. Motion made by Ryan to end the closed session at 10:09 p.m.,seconded bj' Upton.All ayes. Motion carried. Motion by Ryan to authorize Mayor Berner to make a legal offer on the Bryant property in the amount of not more than $155,000 contingent upon the appraisal and the offer in writing,seconded by Kahler. Ayes=Upton, Bartels, Ryan, Kahler. Nays=Phillips Motion by Ryan,seconded by Bartels'to adjourn the meeting at 10:11 p.m:All ayes. Motion carried unanimously. ,/ "Mic on Jacks"Administrator/Clerk Steven L. Berner, Mayor January 9,2013 ' I i s , S,. 1 6