Minutes-02/13/2013 (2)

Financial Reports and Payables Motion made by Kahler, seconded by Bartels to approve the financial reports and payables. Ayes= Kahler, Bartels, Upton. Nays= Phillips. Motion carried. Unfinished Business d Ordinance 2012- 319 Amending Ordinance 1998- 218 Subdivision Ordinance- 2" rea"ding: Motion made by Kahler to approve 2012- 219, seconded by Bartels. Ayes= Kahler, Bartels, Upton, Phillips Nays= none. Second reading of Ordinance passed. Ordinance 2012- 316 Amending the Municipal Water Code to include a Late Fee, NSF fees and 3rd Disconnect/ Reconnect Fees- reading: Motion made by Kahler to approve 2012- 316, seconded by Bartels. Ayes= Kahlerand Bartels Nays= Upton and Phillips. Ordinance does not pass at this reading. Ordinance 2013- 321 Amending the Zoning Ordinance No. 2007- 287 and Any Amendments Thereto 2nd Adding the Permitted Use of Indoor Automobile Sales and Service in an M- 2 Zoning— reading: Motion made by Upton to approve 2013- 321, seconded by Bartels. Ayes= Kahler, Bartels, Upton, Phillips Nays= none. Second reading of Ordinance passed. Resolution 2013- 013 Authorizing the City to enter into a Subdividor' s Agreement with R A Holdings LLC: Motion made by Kahler to approve R A Holdings Subdividor' s Agreement, seconded by Bartels. Ayes= Kahler, Bartels, Upton Nays= Phillips. Resolution passed. Resolution 2013- 014 Approving the Final Plat of R And A Condominiums as a Resubdivision of Lot 6 of Johnston- Potterfield Subdivision, Part 2 in Tiffin, Johnson County, Iowa: Attorney stated to make the approval contingent upon getting the Treasure and Auditor' s Certificates. Motion made by Bartels to approve R and A Condominiums, seconded by Kahler. Ayes= Kahler, Bartels, Upton Nays= Phillips. Resolution passed. Further discussion from Council Person Upton who commented she hopes MMS will try to accommodate the residents that are unhappy about this development. Resident Peterson: concern the streets are clean with the mud coming out of that project in the spring. Ms. Happel: opposed to development and it was sold that development area was single family, also Potter street is congested, high density changes property value, and believes it is not a good plan for the city. Council Person Phillips commented the plat is consistent with the zoning, but it was a mistake to zone it that way years ago and that is why he voted against it. 1st Ordinance 2013- 323 Amending Zoning Map for Willow Ridge— reading: Mayor confirmed there are no tract zoning changes and Tract# 2 was the only questionable piece of development but previously P& Z approved the zoning and MMS previously worked with Council for this development and held the public hearing as such. Council Person Phillips commented MMS has done extraordinary job working with this concept, but Tract# 2 he is very unhappy. Mayor Berner recommended to follow P& Z' s recommendation. MMS clarified that Tract# 2 the R4 zoning will only have one building on that location. Motion made by Kahler to approve 2013- 323, seconded by Bartels. Ayes= Kahler, Bartels, Upton, Phillips Nays= none. First reading of Ordinance passed. Resolution 2013- 017 Approving the 2013 CIP list of surfacing projects to be completed by June 30, 2013: Mayor Berner stated there is$ 832, 995 to- date on- hand of TIF funds. The Division 2 of the Water Tower