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Home My Public Portal AboutMinutes-09/25/2013 CITY OF TIFFIN - Minutes Regular Council Meeting- The Tiffin City Council met in regular session on Wednesday, September 25, 2013 at'the „Springmier Library at the CCA Middle School. Mayor Berner called the meeting to order at 6:38 p.m. Roll Call vote: Mayor,Joann Kahler, Mike,Ryan,Jim Bartels, Peggy Upton, Royce Phillips. Also present: Public Works Director Mehmen, Attorney Raiber, Engineer Frederick and Administrator Jackson. r Motion Bartels to approve the agenda, seconded Kahler. All ayes. Motion carried. Bella Sala addressed Council about=Hickory`Knoll.They have concerns that the development of homes going in across the street may not like all of the cars going down the street when events` are done and people are leaving. Additionally, they wanted to make sure people knew their parking was private. Premise Construction asked Council for a two or three year TIF rebate for Dr. Hart's new office. The new facility is a $700,000 project and will be adding two full-time positions. Mayor Berner commented the lot is not located in a TIF district. Phillips indicated that in the past they created • a TIF district-like with Bella Sala. Administrator Jackson will contact TIF attorney to get more information to provide to Council. a ' Mayor Berner opened the public hearing on City Hall at 6:49 p.m. Kahler to open, seconded Ryan. All ayes.-Motion carried. No written'comments or responses received. Mayor ,Berner closed the public hearing at 6:49 p.m. Motion Ryan to close, seconded Bartels" All ayes. Motion carried. •' Mayor Berner opened the public hearing for the PAD clarification to two regular meetings for , review by P &Z at 6:50 p.m. Motion Bartels to,open, seconded Kahler. All ayes" Motion carried. No written comments or responses received. Mayor Berner closed the public hearing at 6:50 p.m. Motion Ryan to close,•seconded Upton. All ayes. Motion carried. Mayor Berner opened the public hearing for the Prairie Trail West rezoning at 6:50 p.m. Motion Kahler to open,seconded Ryan. All ayes. Motion'carried. No written comments or responses received. Mayor Berner closed the public hearing at 6:51 p.m. Motion Upton to close, seconded Ryan. All ayes. Motion carried. • Mayor Berner opened the public hearing for the Willow Ridge PAD at 6:51 p.m. Motion'Upton to open, seconded Bartels. All ayes. Motion carried:No written comments or responses received. Mayor Berner closed the public hearing at 6:52 p.m. Motion Bartels to close, seconded Kahler. All ayes. Motion carried. Motion Kahler to approve payables, seconded Bartels. Mayor Berner wants Soil Savers to come ` to council and explain" Motion Upton to remove Soil Savers from the payables, second Ryan. All ayes: All ayes. Motion passed. �, • • Resolution 2013-179 Awarding the City Hall project to City Construction Group LC in the total amount of $382,700: Phillips commented that thelocation is horrendous. Motion Kahler to approve, second Ryan. ,. Ayes=Kahler, Ryan, Bartels. Nays=Upton, Phillips.,Motion passed. Ryan left at 6:57 p.m. r Ordinance 2013-336 Amending Ordinance 2012-219 to clarify the requirements of Subdividers to pay the costs and fees of the City Engineer-3`d reading: Motion Kahler to approve;second Bartels. Ayes=Phillips, Upton, Bartels, Kahler.Absent: Ryan. Final reading passed. Ordinance 2013-337 Amending the Zoning Map for Tiffin Heights-3rd.reading: Motion Bartels to approve, second Upton.Ayes=Kahler, Bartels, Upton, Phillips.Absent: Ryan. Final reading passed. Ordinance 2013-338 Amending the Zoning Ordinance for The Villages-Phase 2 rezoning-2nd reading: Motion Kahler to approve,second Bartels.Ayes=Phillips, Upton, Bartels, Kahler.Absent: Ryan. Second reading passed. Discussion and possible action regarding waiving the 3rd reading of Ordinance 2013-338 for The Villages- Phase 2 rezoning: Upton confirmed the waiving is,due to funding deadline. Mayor Berner added that it is not practice of the city to waive 2nd or 3rd readings. Motion Kahler to approve 2"d reading;seconded Upton.All ayes:Motion passed. Motion Upton vote on approval of,3rd reading, second Kahler.Ayes: Kahler, Bartels,Upton, Phillips. Ordinance 2013-339 Amending the Zoning Ordinance for The Villages-Phase 2 PAD-2nd reading: Motion Bartels to-approve,second,Kahler.Ayes=Phillips, Upton, Bartels, Kahler.Absent. Ryan.Second reading passed.' Discussion and possible action regarding waiving the 3rd reading of Ordinance 2013-339 for The Villages- ,. Phase 2 PAD: Motion Upton to approve having the final reading due to funding purposes,seconded Kahler.Ayes=Kahler, Bartels,Upton; Phillips. Motion Upton vote for 3rd reading, second Kahler: Ayes=Phillips, Upton, Bartels, Kahler.Absent: Ryan. Motion passed. Discussion and possible action on Willow Ridge Highway 6 turn lanes: Mayor Berner commented the city could offer 30%city and developer 70%. He reminded Council that the developmer is 100% responsible for the turn lanes and the IA DOT indicated that the development warrants it.The developer wants 80% city&developer 20%because the street is a major arterial-street for Tiffin and this is a key development in the City,iand they are working towards alleviating traffic at Casey's by spring, so they are asking for more help."Additionally,they are requesting more financial assistance because the original sewer was drawn at 8" and they'have had to move it up to 10". Engineer Frederick said due to the subdivisions going up in the north and the sewer will be going through this project. Upton indicated Council needs to look over this new information to make a decision, but does not want to delay the development. MMS indicated the development will need to be phased into two phases. Kahler indicated maybe the'cost "share could be 50%/50%. Motion Upton to adjourn this item until we get some numbers and can`make a ,further decision, second Bartels.All ayes. Motion passed. Discussion and possible action regarding SUDAS, Lighting Ordinance and Bike Parking: Phillips confirmed 'each issue will be addressed individually. Resolution`to set a public hearings will be on the next agenda. 4 Ordinance 2013-340,Prairie Trail West Rezoning-1st reading: Phillips wanted uasummary of what is getting rezoned. Motion Bartels to approve,seconded Kahler.Ayes=Kahler, Bartels, Upton; Phillips. °Absent: Ryan. First reading passed. Discussion and possible action to waive 2nd and 3`d reading of Ordinance 2013-340 for Prairie Trail West: Council indicated this is not standard practice, but this is lot rezoning was at the request of the City to match up the with the Deerview entrance. Motion Bartels to waive the final two readings, seconded Kahler.All ayes. Phillips motioned to allow us`"to have a 2nd and 3rd reading of the ordinance tonight, second Kahler.Ayes=all ayes. Motion passed. Motion Phillips for approving 2"d reading,second Bartels. Ayes=Phillips, Upton, Bartels, Kahler.Absent: Ryan. Motion.Bartels for approving the 3rd reading, second Upton.Ayes=Kahler, Bartels, Upton, Phillips.Absent: Ryan: Motion passed. Resolution 2013-170 Prairie Trail West Preliminary Plat: Mayor Berner reminded Council that the plat shows access through the school property.Attorney Raiber commented that the second access has to E be completed. Engineer Frederick indicated the access is right across from Deerview to align and another traffic study will be done and the turn lanes possibly adjusted. 'MMS further commented there will be wording in the developers agreement and the final plat will not be approved without the second access. Mayor Berner confirmed the developer is responsible for the second access. Developer Buss said s, the second access is being reviewed by the school for that small piece of land. MMS received verification from Council if final plat is not•approved and school does not allow a second access the development is dead.Attorney Raiber indicated they are protecting the city. MMS indicated they will be moving forward with phasing. Upton agreed that everyone is basically in consensus of a phasing plan. Motion Upton to approve,second Bartels.Ayes=Phillips, Upton, Bartels, Kahler.Absent: Ryan. Motion passed. Resolution 2013-171•Prairie Trail West Developers Agreement: Upton confirmed the Resolution will include phasing of development in the wording. Motion Upton to approve,second Kahler.Ayes=Kahler, Bartels, Upton, Phillips.Absent: Ryan. Motion passed.• -Resolution 2013-172 Adopting Plans,Specifications and Form of Contract for Jasper Ave Watermain Extension Project: Council inquired as to-Why the original quote was for$177,000 and the newest information is for almost$242,000. Hart Frederick's reply was:valves,fittings,erosion control, hydrants, gate valves for proper shut off. Council commented that quotes proved should be reviewed so they can make property decisions. Motion Bartels to approve,second Kahler.Ayes=Kahler, Bartels, Upton. Nays=Phillips. Motion passed. Resolution 2013-173 Setting a Date for Public Hearing to Amend the Subdivision Ordinance to allow for • private sewage disposal systems: Motion Kahler to have the date be 10/09/13,second Bartels. Upton stated should not set a public hearing since not reviewed the Ordinance yet. Due to this, Kahler withdrew her motion. Motion Phillips to adjourn the next meeting110/09 meeting), second Upton. Ayes=all. Motion passed. ' Resolution 2013`174 Approving The Villages-Phase 2 preliminary plan/site plan: Motion Bartels to approve, second Kahler.Ayes=Phillips, Upton, Bartels, Kahler.Absent: Ryan. Motion passed. Resolution 2013-175 Approving The Villages-Phase 2 Developers Agreement:Motion Kahler to approve, second Bartels.Ayes=Kahler, Bartels, Upton, Phillips.Absent: Ryan. Motion passed. 7 . i. .. 4 • Resolution 2013-176 Approving preliminary plat for Tiffin Heights: Motion Kahler to approve, second Bartels.Ayes=Phillips, Upton, Bartels, Kahler.Absent: Ryan. Motion passed., Resolution 2013-177 Approving the developers agreement for Tiffin Heights: Motion Kahler to approve, second Bartels. MMS indicated that Outlot B is the basin, it needs to be corrected. Motion Upton to amend Resolution to take out Outlot B and dedicate only lots A,C& D,second Bartels.Voting on amendment.'Ayes=all. Voting on resolution:Ayes=Kahler;Bartels, Upton, Phillips.Absent: Ryan. Motion passed. Y u Resolution 2013-178 Authorizing the Mayor and City Administrator/Clerk to sign the Public Access Easement for Woodfield Ridge-Part 3: Motion Kahler to approve,second Bartels.Ayes= Phillips, Upton, Bartels, Kahler.Absent: Ryan. Motion passed. Resolution 2013-180 Approving the Mayor and City Administrator/Clerk to sign the Willow Ridge Sanitary Sewer Easement Agreement(off-site): Motion Upton°to approve, second Bartels.Ayes=Kahler, Bartels, Upton, Phillips.Absent: Ryan. Motion passed. d Resolution 2013-181 Appointing of a Planning&Zoning Person: Motion Kahler to approve,second Bartels. Motion Phillips to substitute Klein instead of Moore,second Upton. Upton,according to the applications I received, Klein appears to be the most qualified.Voting on amending:Ayes: Phillips, Upton. Nays: Bartels, Kahler.Voting on resolution': Aye's=Phillips, Upton. Nays=Bartels, Kahler. Motion did not pass.Motion Kahler to reconsider the resolution for Allen Moore, motion died for lack of a 2"d Phillips commented he wants P&Z to be happy, but it's a council appointment. Phillips motioned to . reconsider the motion to appoint Klein to P&Z, second Upton.Voting on reconsideration: Phillips, Upton, Bartels. Nays=Kahler. Motion passed as amended. Discussion and possible action on permanent Right-of-Way acquisition and temporary easement on Ireland Avenue project: Mayor Berner gave summary update for church response to remove the . $76,400 and stay with the remainder of the items on the list. Phillips inquired about the conflict of interest witlthree of the council members being church members.Attorney Raiber indicated it is not a conflict if members of a church on the City Council. Mayor'Berner stated the members publicly state they are members of the church and there is no conflict of interest. Phillips stated there isstill a conflict of interest. Motion Upton to receive opinion letter in writing from the attorney,second Phillips. Ayes=Phillips, Upton. Nays=Bartels, Kahler. Motion failed. Phillips suggested appointing a 3-5 member panel for a recommendation for review and recommendation. Mayor Berner:commented the three council members would still have to approve the recommendation. Upton suggested the City should counter with a 15%escrow.Council seemed fine'with that option.A temporary construction easement for the'Depot is necessary.The square footage has increased a little bit from before. Motion Upton to authorize an increased compensation of$1,050+$1,500, second Bartels.Ayes=Kahler, Bartels, Upton. Nays=Phillips. Motion passed. Discussion and possible action for agreement with school regarding sidewalk: Mayor Berner City needs roughly 13,000 square feet for the second access for Prairie Trail West. Per a discussion with the School Superintendent they would like to get some financial assistance for sidewalk. Mayor Berner said a few options to consider offering to the school are to offer to pay the difference between a 6 foot and 8 foot sidewalk'or therecould,be a flat 10%of the price of construction. Upton commented a wider sidewalk is reasonable. Motion Bartels for Mayor to go to the School board and make a recommendation for the city to pay the extra 2 feet of'from the 6'to the 8' sidewalk, second Kahler.Ayes=Kahler, Bartels, Upton: Nays=Phillips. Setting open burning dates: Motion Upton to have open burning for October 12th—November,17th (weekends only and during daylight), second Bartels.All Ayes. Motion carried. , Halloween hours and decorating contests-Halloween &Christmas: Halloween is 10/31/13 from 5:00 p.m.-8:00 p.m.T Motion Upton to mimic last years contests and hours, second Bartels.All Ayes. Motion passed. Approval of Hunting Application: Motion Kahler to approve, second Upton.All Ayes. Motion passed. Set work session date to develop CIP plan: Motion Upton to have a work session set for 10/30/13 at 7:00 p.m. in the fire department, second Bartels.All Ayes. Motion carried. CLOSED SESSION , 1 Per Code of Iowa Section 21.5 (1c). Motion Bartels to enter into closed session at 9:11 p.m., - seconded Kahler. Ayes=Phillips, Upton, Bartels, Kahler. Motion carried. Motion Upton to enter into public session at 9:21 p.m., seconded Bartels. Ayes=Kahler, Bartels, Upton, Phillips. Motion carried. Motion Bartels to have Jackson reply to resident and indicate the City does not provide any financial assistance to the property owner at Goldfinch & Roberts Ferry, second Upton. Ayes=Kahler, Bartels, Upton.Motion passed. Motion Upton, seconded Bartels to adjourn at 9:23 p.m. All ayes. Motion carried. W 4( 1. MichonJ., , City Administrator/Cle'rk ..Steven L. Berner, Mayor . September 25, 2013 , k 3 1 . Q i ,