Minutes-12/09/2013

discrepancy for what was approved for John' s Ice Cream from the last meeting; it did not include differences in paving and tree removal. Council was informed that the offer should be$ 105, 618 for everything that needs to be done. Motion Ryan to approve the original offer with the additional increase of paving( with the owner making the decision of asphalt or concrete) for a total of$ 105, 618, second Bartels. All ayes. Motion carried. Attorney Michael updated on remaining paperwork for Ireland that needs to be signed. Railroad and Engineer Frederick having a meeting on 12/ 20. Since it takes a long time to buy the parcel located across from city hall they are working on getting a lease for$ 1. 3rd Ordinance 2013- 343 Amending Section 8. 01 and 8. 06 of the Zoning Ordinance- Exterior Lighting- reading: motion Ryan to approve, second Bartels. Resident had questions about getting updates to residents. Ayes= Upton, Bartels, Ryan, Kahler. Motion passed. 3rd Ordinance 2013- 344 Amending Section 7. 04 of the Zoning Ordinance- Bicycle Parking- reading: Motion Ryan to approve, second Kahler. Ayes= Kahler, Ryan, Bartels. Nays= Upton. Motion passed. 3rd Ordinance 2013- 345 Repealing Access Regulation- reading: Motion Ryan to approve, second Bartels. Ayes= Upton, Bartels, Ryan, Kahler. Motion passed. 1st Ordinance 2013- 346 Amending Zoning Map for Prairie Trail West( rezoning East corner)- reading: Motion Ryan to approve, second Bartels. Ayes= Kahler, Ryan, Bartels, Upton. Motion passed. 1st Ordinance 2013- 347 Amending Zoning Map for Prairie Trail West( C2B- R6 on West property line)— reading: Three lots to be rezoned. Planning& Zoning recommended the approval. MMS: informed council the feedback they have received indicates the commercial is too far off of HWY 6 and there would be traffic in the residential area. Asking to change it to townhouses. Motion Ryan to approve, second Bartels. Ayes= Upton, Bartels, Ryan, Kahler. Reading approved. Resolution 2013- 210 Approving Alcohol Permit for Bella Sala: Motion Kahler to approve, second Ryan. Ayes= Kahler, Ryan, Bartels, Upton. Motion passed. Resolution 2013- 211 Approving Final Plat, But Not Accepting Improvements, of Hickory Knoll: Ms. White informed Council the lights are installed, city water was testing and passed, and the only thing not done is asphalt( will be done in spring/ summer); comfortable with no occupancy permits until street is done and everything completed. MMS: gravel is in, pins are set, working on everything. Upton: Engineer will do exam of final plat. Attorney Michael: water easement and plat is acceptable to everyone; the agreement can be changed from building permits to occupancy permits, escrow money can be used to finish. Ms. White indicated could always have a lien against her own personal property and wants a parade home. Motion Ryan to approve, subject to 2013- 214 approval, second Kahler. Ayes= Kahler, Ryan, Bartels, Upton. Motion passed. Resolution 2013- 214 Approving Partial Release and Escrow Agreement for Hickory Knoll: motion Ryan to approve ( amending resolution in# 9 from wording of building to occupancy permits document 01604229. docx), second Kahler. Ayes= Upton, Bartels, Ryan, Kahler. Motion passed. Resolution 2013- 212 Setting A Public Hearing for Approval of Cell Phone Tower Lease on Water Tower: Attorney to look at old/ current water lease agreement for current cell tower arrangements. Council needs more information and verification on the current ordinance 140' limit. Ryan: inquired about