Minutes-09/25/2013

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- 181Appointing 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