Minutes-08/28/2013 (2)

confirmed no expense for easement. Ayes= Phillips, Upton, Bartels, Ryan, Kahler. Motion passed. Resolution 2013- 150 Approving hiring Hart- Frederick to create the legal description for the LCF swap area at City Park: Mayor had discussion about putting a dollar figure or " not to exceed" wording. Motion Kahler to approve, seconded Bartels. Motion Ryan to amend resolution to 1st strike " legal description" in paragraph and replace in 2nd paragraph after " Engineer" to create a legal description", second Upton. Voting on amendment: Ayes= all. Voting on approval of resolution: Ayes= Kahler, Ryan, Bartels, Upton. Nays= Phillips. Motion passed. Ordinance 2013- 336 Amending Ordinance 2012- 219 to clarify the requirements of Subdividers 1St to pay thecosts and fees of the City Engineer- reading: Upton clarified current developers will need to pay the costs and fees. City Attorney confirmed that the language is included in the developers agreement. Motion Upton to approve, seconded Kahler. Ayes= Phillips, Upton, Bartels, Ryan, Kahler. Reading passed. 1St Ordinance 2013- 337 Amending the Zoning Map for Tiffin Heights- reading: Bartels questioned about zoning. Mayor clarified it contains all of the recommendations P& Z made, except for two areas that are different: Lot 108 R- 4 ( developer) & R- 2 ( P & A); and lots 31- 39 R- 2 zero lots ( developer) , P & Z requested R- 1C. The items the developer wanted is what is before the council for approval. Developer wanted to do a conditional zoning on Lot 108, but the City does not do conditional zoning. MMS will have to go forward with another PAD request. Mayor does not agree with the R- 4 they want for lot 108. Motion to approve Ryan, seconded Kahler. Ayes= Kahler, Ryan, Bartels, Upton, Phillips. Reading passed. Resolution 2013- 152 Accepting the Preliminary Plat of Hickory Knoll: Mayor commented the Attorney said the Preliminary Plat and Developers Agreement need to be approved at the same time; and the Attorney suggested to tabled until next meeting. Developer White discussed changes in developers agreement: On page 4- take strike dwelling condition and leave the paving to be completed by June 30, 2015. The State of Iowa Code supercedes the sewer in the developers agreement. The Attorney recommends to not change that. Page 5—would like Substantial completion of water flowing to Gable Way by December 31, 2013." Engineer Carhoff suggested to put in bid to make it 2 phases of by 12/ 31/ 13 and then have daily damages incurred if not met. Mayor stated money indicated in section 4- is $ 18, 750. Mayor clarified to the developer they do not have to do 2 water mains on the property and the developer should contribute for than $ 18, 750 to the City. The attorney also mentioned the PAD language, but just got it today and not had time for review. Public Works Mehmen commented the water and sewer lines need to be ownership of the city. MMS does not know if it is just access granted to shut off water for nonpayment of utility. Ryan stated better to have city control water and sewer line. Developer White suggested verbiage for donated land to the City' not to have anything on there other than timber. Council does not have restrictions on public zoning. Motion Upton adjourn until the 09/ 11 meeting, second Bartels. All ayes. Motion passed.